A person under investigation is not

Practical application:

This case law means you cannot automatically rely on another party's procedural errors to bolster your own challenge. If you are a landlord, you must show how the irregularity in your tenant's filing directly caused you harm, such as reduced rental value. To protect yourself, file your own appeal within the statutory deadline (typically 2 months from the permit's posting) and keep evidence of the impact on your property. Consult a lawyer to assess whether the irregularity actually affects your rights before investing in litigation.

Practical application:

You cannot invoke a procedural irregularity in a transaction involving another person (the previous owner) unless you prove that irregularity harmed your interests directly. In this scenario, the notary's error in a different sale does not affect your deed. Your recourse is to pursue the seller for non-disclosure or file a claim against your own notary if they failed to warn you. Always conduct independent pest inspections and title searches; do not rely on unrelated defects. Act quickly: claims for hidden defects must be brought within 2 years of discovery.

Practical application:

The court decision clarifies that only the person directly affected by the irregularity (the co-owner who gave the proxy) can raise it, unless you can show the irregularity harmed your interests. Here, the objecting co-owner must prove that the defective proxy changed the outcome of the vote and thus increased his share of expenses. To protect yourself, verify all proxies before voting and document any harm. If you suspect an irregularity, immediately request the minutes and consult a lawyer to evaluate whether you have standing to challenge. Remember that challenges to co-owner decisions must be filed within 2 months of notification.