Facts
The dispute opposes the spouses X. to the Community of co-owners of the condominium property Y. The applicants, spouses X., filed a petition for judicial revocation of the administrator of the condominium property with the judge, without having previously requested the revocation of the administrator by the meeting of co-owners. The meeting of co-owners had re-elected the administrator at its meeting of 27 April 2004, despite the opposition of the applicants. The applicants then seized the judge to request the judicial revocation of the administrator, based on article 712r paragraph 2 of the Swiss Civil Code (CC).
The parties present are the spouses X., the applicants, and the Community of co-owners of the condominium property Y., the defendant. The dispute was brought before the 2nd Civil Court, which rendered a judgment on 2 March 2005.
Considerations
The court's decision is based on the interpretation of article 712r paragraph 2 CC, which allows any co-owner to request the judicial revocation of the administrator if the meeting of co-owners refuses to revoke him in disregard of just grounds. The court considered that the judicial revocation of the administrator presupposes that the meeting of co-owners has previously taken a decision rejecting a proposal to revoke the administrator.
The court examined the conditions for the judicial revocation of the administrator and found that the applicants had not submitted a proposal to revoke the administrator to the meeting of co-owners, as required by article 712r paragraph 1 CC. The applicants had opposed the re-election of the administrator at the general meeting, but this was not enough to fulfill the conditions for judicial revocation.
The court concluded that the petition for judicial revocation of the administrator had to be dismissed, as the applicants had not…