When the administrative authority has

Application pratique:

Under the 1987 decision, the managing agent’s legal representative is personally criminally liable if they did not formally delegate responsibility for executing the works. As a co-owner, you should immediately request written proof of delegation from the syndicate, file a criminal complaint with the public prosecutor if none exists, and jointly instruct a bailiff to record the non-compliance, which can help force compliance or support an insurance claim.

Application pratique:

Because the case law confirms that only a proper delegation of authority absolves the legal representative of criminal liability, the director remains liable. You should demand a copy of any delegation document, notify your notary of potential non-disclosure during the sale, and join other co-owners to formally put the managing agent in default. If unresolved, a criminal complaint and a claim for damages against the managing agent may be your next steps.

Application pratique:

To avoid personal criminal liability, you must issue a written, dated and signed delegation of authority to a qualified employee, clearly defining their responsibility for executing such administrative orders. Ensure the delegate has the necessary skills, budget and authority. Keep this document in your records and review it annually, as informal arrangements will not protect you from prosecution under the principle established by the 1987 decision.