Legitimacy of the Condominium Administrator: Commentary on Order No. 21506 of 2024

Recently, Order No. 21506 of July 31, 2024, addressed a crucial issue regarding condominiums and the passive legitimacy of the administrator. The Court of Cassation confirmed its position on the administrator's ability to take legal action for the removal of common works, without the need to join the condominium members to the proceedings. This ruling, in addition to clarifying fundamental legal aspects, highlights the importance of condominium management in litigious contexts.

Regulatory Context

The central issue in the order under review revolves around Article 1131 of the Civil Code, which establishes that the condominium administrator is passively legitimate in all disputes concerning common interests. This means that, unlike other legal situations where passive joinder is necessary, in this case the administrator can act without having to sue each individual condominium member.

Negatory and possessory actions for easements - Claim for removal of common works - Passive legitimacy of the administrator - Existence - Joinder of condominium members to the proceedings - Necessity - Exclusion. The second paragraph of art. 1131 of the Civil Code, by providing for the passive legitimacy of the administrator in relation to any dispute concerning the common interests of the condominium members (without distinguishing between declaratory actions and constitutive or condemnation actions), derogates from the rules applicable to other cases of multiple passive parties, thus addressing the need to make it easier for third parties to sue the condominium, without the need to initiate passive joinder against the condominium members. Therefore, with regard to negatory and possessory actions for easements, the passive legitimacy of the condominium administrator exists even when the action is aimed at obtaining the removal of common works.

Implications of the Ruling

This ruling has significant practical implications for condominiums and the management of condominium disputes. In particular, it clarifies that:

• The administrator has the power to act without directly involving each condominium member, thus simplifying legal procedures.
• Passive legitimacy is extended even to actions concerning the removal of common works, making dispute resolution more efficient.
• The Court intended to ensure adequate protection for common interests, fostering unity and cohesion within the condominium.

Conclusions

In conclusion, Order No. 21506 of 2024 represents a significant step in recognizing the legitimacy of the condominium administrator. The simplification of the legal process allows for more effective handling of disputes concerning common works and easements. It is essential for condominium members and administrators to be aware of these provisions to ensure smoother and more collaborative condominium management.