Appointment of a Manager in Condominium Ownership (Article 34 of the Condominium Law)
The condominium ownership system is a special type of property ownership that allows a real estate property to be divided into independent units owned by different individuals. In order for this system to function properly, the Condominium Law regulates in detail the appointment of a manager and the operation of management. The appointment of a manager is subject to formal requirements and special majority rules, and failure to comply with these rules may render the decisions legally invalid.
Cases Where the Appointment of a Manager Is Mandatory or Optional
Pursuant to Article 34 of the Condominium Law:
Mandatory Cases
- If there are 8 or more independent units in the main property,
- the appointment of a manager is mandatory.
Optional Cases
- In properties with fewer than 8 independent units,
- the appointment of a manager is optional.
Who Can Be Appointed as Manager?
The manager:
- may be selected from among the unit owners, or
- may be a third party who is not a unit owner.
The term of office is generally one year, and the manager may be re-elected upon the expiration of the term.
Decision-Making Quorum for the Election of a Manager
Unlike general assembly decisions, the election of a manager is subject to a special and mandatory majority requirement.
Double Majority Rule
The manager must be elected by:
- a majority of unit owners in number, and
- a majority in terms of land share.
This is referred to in practice as the “double majority”, and both conditions must be satisfied simultaneously. This requirement has also been clearly emphasized in the decisions of the General Assembly of Civil Chambers of the Court of Cassation.
Meeting Procedure and Notice Requirements
The general assembly of unit owners convenes:
- at least once a year (ordinary meeting),
- or extraordinarily when necessary.
Notice Procedure
The meeting notice must:
- be made at least 15 days in advance,
- include the agenda, place, and time,
- be made in writing.
According to the case law of the Court of Cassation, the notice must be made:
- against signature, or
- via registered mail.
Agenda Rule
As a rule, matters outside the agenda cannot be discussed.
However, additions to the agenda may be made by unanimous consent of all unit owners.
Meeting and Decision Quorums
First Meeting
- The meeting is held with more than half of the unit owners, both in number and land share.
- Decisions are taken by a majority of votes.
Second Meeting
If the quorum is not met in the first meeting:
- a second meeting is held within 15 days.
In this meeting:
- the meeting may be held with those present,
- general decisions are taken by a majority of those present.
Exception in the Election of a Manager
Unlike the general rule:
- even in the second meeting, the double majority requirement applies for the election of a manager.
In other words:
- a simple majority of those present is not sufficient,
- the majority in both number and land share of all unit owners must be ensured.
This principle has been clearly established in Court of Cassation decisions.
If the Quorum Cannot Be Achieved: Lawsuit for Appointment of a Manager
If the required majority cannot be achieved in meetings:
- any unit owner may file a lawsuit for the appointment of a manager before the Civil Court of Peace.
The manager appointed by the court:
- is binding on all unit owners,
- has full legal authority.
Actions to Be Taken After the Election of a Manager
Following the election:
- the decision is recorded in the decision book of unit owners,
- it is notified to unit owners,
- a notarized copy of the decision is prepared for official transactions.
With this document, the manager gains authority to act before:
- banks,
- public institutions,
- third parties.
Procedural Irregularities and Annulment of Decisions
In the manager election process, if:
- the notice procedure is not followed,
- the quorum is not met,
- decisions are contrary to the law,
the decision may be annulled.
However, according to the Court of Cassation:
- a unit owner who attends a meeting despite irregular notice cannot later rely on this irregularity as a ground for annulment.
Assessment in Light of Court of Cassation Case Law
Judicial practice highlights the following principles:
- the election of a manager is subject to mandatory legal rules,
- the double majority requirement must always be met,
- this requirement applies even in the second meeting,
- procedural irregularities may lead to annulment of decisions.
Conclusion
The appointment of a manager in condominium ownership is an important legal act regulated by law and subject to qualified majority requirements.
For the election to be valid:
- meeting procedures must be followed,
- notice requirements must be fulfilled,
- the majority in both number and land share must be achieved.
Failure to comply with these rules may result in the annulment of decisions and lead to serious legal disputes.
Frequently Asked Questions
Is the appointment of a manager mandatory?
Yes, if there are 8 or more independent units, the appointment of a manager is mandatory.
Who can be a manager?
The manager may be selected from among unit owners or may be an external third party.
What majority is required for the election of a manager?
A double majority is required: majority in both number and land share.
Is it easier to elect a manager in the second meeting?
No. The same double majority requirement applies in the second meeting.
What happens if a manager cannot be elected?
An application may be made to the Civil Court of Peace for the appointment of a manager.
Legal Assistance in Condominium Management Processes
The process of electing a manager requires technical legal knowledge, particularly in terms of meeting procedures, quorum calculations, and the validity of decisions.
Therefore, conducting the process with the assistance of a lawyer specialized in condominium law is important to prevent potential disputes and loss of rights.