The duties of the secondary owners' association

Application pratique:

This case law confirms that a secondary association's provisional administrator cannot recover service charges without an explicit mandate from the principal association's general meeting. The co-owner should formally challenge the demand, request written proof of such a mandate, and if none exists, refuse payment and alert the principal syndic. If court proceedings have started, the co-owner can file a jurisdictional defence based on lack of standing.

Application pratique:

Under this ruling, a secondary association's administrator has no power to bring such a claim unless the principal association's general meeting has specifically voted to mandate recovery. The landlord should immediately inform the court of this jurisdictional bar, present a copy of the decision if needed, and request the case be struck out. Concurrently, the landlord should write to the principal syndic to clarify the situation.

Application pratique:

The recent decision makes clear that a secondary association cannot collect debts on behalf of the principal association without a specific mandate from the principal's general meeting. The buyer should immediately respond that she is not liable for pre‑acquisition debts and demand evidence of any authorisation. She should also alert the principal syndic and seek confirmation that no mandate was given. This defence can prevent an unjustified payment or litigation.