The managing agent being solely responsible for personal faults committed in the performance of their duties

Application pratique:

Under the case law, a co-owner cannot claim damages from the co-ownership association based on a managing agent's letter contradicting a general meeting decision. The managing agent acts independently, and any fault is personal. She must pay the levies as decided by the general meeting; her recourse is to sue the managing agent directly for any financial loss caused by the misleading letter. She should immediately request the official minutes of the general meeting to verify decisions.

Application pratique:

The Cour de cassation decision confirms that a co-ownership association is not liable for a managing agent's personal fault. The landlord cannot avoid the fine or claim damages from the association by relying on the agent's email. The only valid rules are those formally adopted by the general meeting and notified to co-owners. The landlord should immediately stop the rentals and challenge the agent directly for professional negligence. To overturn the fine, he must prove the decision was not properly notified or appeal within the strict two-month deadline.

Application pratique:

The principle that a co-ownership association is not responsible for a managing agent’s fault applies here. The buyer cannot withhold payment or sue the association for the agent’s misleading statement. She remains liable for the levy because general meeting decisions bind all co-owners. Her immediate steps: pay the levy to avoid late fees, then seek legal advice to potentially claim compensation from the managing agent personally for the negligent misrepresentation. She should also review the notaire’s pre-sale documents, which must include the minutes of the last three general meetings, to see if this obligation was breached.