Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 398 · cap/398 (Cap. 398)

Cap. 398 Art. 17Representation.

In KraftAmtlicher Text

(1) In matters relating to the common parts of the condominium, the administrator has the representation of all the condomini and has also the judicial and legal capacity to sue the condomini or third parties and to be sued.

(2) The administrator may be sued with regard to any matter concerning the common parts. He shall also be served with any order made by any authority on matters which concern the common parts.

(3) If the sworn application, judicial act or order relates to a matter which though related to the condominium goes beyond the functions of an administrator, the administrator shall be bound to inform without delay the condomini and to convene a meeting to discuss the matter.

(4) The administrator who does not fulfil such duty shall be responsible in damages. the date on which the notice of such decision is affixed in terms of article 22(5).

(2) The dissentient condominus shall have the right to be indemnified against costs incurred or damages suffered as a result of such litigation.

(3) The dissentient condominus who may have derived a benefit from the litigation which was decided in the condomini’s favour, shall be bound to contribute to the expenses of the litigation proceedings.

Änderungsgeschichte
  • Amended by L.N. 181 of 2006