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HCCJ. Exception regarding the lack of representative character

The High Court of Cassation and Justice has ruled that, although according to Art. 18 para. (3) H.G. no. 1588/2007 approving the Methodological Norms for applying the Law no. 230/2007, regarding the organization and functioning of owners associations and Art. 13 of the Statute, the President represents the owners association in relation to third parties, but it can not initiate the lawsuit claims against third parties. The High Court has stated that the competence to initiate lawsuits on behalf of the association of owners is the responsibility of the executive committee, as shown in Art. 17 lit. i) H.G. no. 1588/2007 and in statute of the association, which in this case has not adopted a decision to initiate an adversarial trial with the defendant, so that the High Court has held that the exception regarding the lack of representative character invoked by the defendant is founded. (Decision no. 3382 of 4 November  2014 rendered in second appeal by the Civil Section II of the  High Court of Cassation and Justice covering the demolition of stores).

:: The Source: JURIDICE.ro

Corina PESCARU

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