When it comes to maintaining a condominium, the manager can intervene in private affairs. This is determined by order 14140/2021 of the Court of Cassation.
According to the specified article 1130 of the Civil Code, the manager of the condominium must carry out legal actions concerning the common part of the building.
Here's a specific example. In order to ensure public safety, the mayor of the city issued a decree on the construction of an apartment building, with the help of which he ordered the dismantling and repair of several balconies.
Following the mayor's order, the condominium administrator called a meeting at which he announced the work plan. However, the tenants sued the condominium, the engineer, and the company. According to the condominium, there was virtually no proper execution of the work and the work prevented access to the boiler room.
The condominium petition was rejected by the court, according to which "the completion of the acts to protect the condominium legitimized the intervention of the manager, without first calling a meeting of tenants."
As indicated, the Court of Appeal then found that the condominium meeting did not approve the executive technical design, but only the intervention plan, "according to the report of the engineer, which stipulated the need for the complete demolition of the balconies, on which the aforementioned specialist agreed with the danger of the work. The subsequent meeting approved the execution of the work. but the condominium showed a desire to keep the façade intact. "
The condominium appealed, but it was dismissed by the Court of Cassation, according to the explanation: “the appeal does not correspond to the decision of the first instance court, confirmed by the appellate judge, who considered that the petition was limited to a finding for damages for the illegality of the decisions of the shareholders approving the works, and not for their improper performance ".