Rejection of the request to revoke the administrator of the condominium

Facts

The general partnership S. (S. GP) established the building X. as a condominium (PPE) in 1987. The administrator of this PPE was designated as the director of the real estate agency B. SA, whose sole administrator is Ms. T. In 1993, the S. GP had a building constructed on an adjacent plot, obstructing the view from the apartment of the spouses A., who were co-owners in the building X. In 1995, a municipal procedure for the contribution of added value was initiated. In 1996, the spouses A. proposed the revocation of the PPE administrator, citing the dual mandate of B. SA, which represented both the PPE and the S. GP, which had divergent interests. Their proposal having been rejected, they initiated an action for revocation. The cantonal court granted this action, but the Federal Tribunal rejected the appeal for reform of the community of co-owners.

Considerations

According to Art. 712r para. 2 CC, the assembly of co-owners may revoke the administrator for just cause. The notion of just cause is interpreted according to Art. 4 CC, i.e., taking into account all the circumstances of the specific case. There is just cause when the continuation of the administrator cannot be demanded due to the destruction of the relationship of trust or when the administrator seriously violates his duty of loyalty.

In the present case, the Federal Tribunal considered that the abstract risk of a possible violation of the duty of loyalty, resulting from the dual mandate…