Notification of legal proceedings (template)

[Name of the Syndicate of co-owners]
[Full address]

To the attention of all co-owners

Notice of legal proceedings

[Date]

Subject: Notification of legal proceedings filed against the Syndicate of co-owners

Dear Co-owners,

In accordance with Article 477 of the Code of Civil Procedure, we hereby inform you that legal proceedings have been initiated against the Co-ownership Syndicate of [name of the co-ownership].

1. Identification of the plaintiff

Below are examples illustrating different types of plaintiffs in legal proceedings:

1. Liability claim by a third party
   The claim was initiated by [Full name of plaintiff], a third party, who alleges they suffered damages due to [alleged negligence in the maintenance of common portions, such as a fall on an icy sidewalk].

2. Injunction and damages claim by a co-owner
   The claim was filed by [Full name of plaintiff], co-owner of Unit [unit number or reference], seeking an injunction to [compel the syndicate to perform corrective work, such as roof repairs], as well as damages for [harm suffered due to water infiltration].

3. Challenge to a decision made at a meeting of co-owners
   The claim was initiated by [Full name of plaintiff], co-owner of Unit [unit number or reference], challenging the validity of [a resolution passed at the General Assembly held on [date], arguing that the decision contravenes the declaration of co-ownership or applicable laws].

4. Dispute over the use of common portions by a tenant
   The claim was filed by [Full name of plaintiff], tenant of Unit [unit number or reference], alleging that the syndicate [unjustly or discriminatorily restricted access to certain common areas, such as a gym or swimming pool].

2. Subject of the claim

Here are the respective claims based on the examples provided:

1. Liability claim by a third party
   The plaintiff alleges negligence in the maintenance of common areas, resulting in personal injury.

2. Injunction and damages claim
   The plaintiff demands that the syndicate undertake corrective work and seeks financial compensation for the damages incurred.

3. Challenge to a decision made at a  meeting of co-owners
   The plaintiff disputes a resolution they believe is non-compliant with the declaration of co-ownership or legal provisions.

4. Dispute over the use of common portions
   The plaintiff asserts that access to common areas was unjustly restricted, in violation of their rights as outlined in the declaration of co-ownership.

3. Potential implications

The implications of these claims could include:

1. Liability claim by a third party

   • Risk of financial compensation being awarded to the plaintiff;
   • Potential increase in the syndicate's insurance premiums.

2. Injunction and damages claim

   • Mandatory corrective work imposed on the syndicate;
   • Financial damages payable to the plaintiff.

3. Challenge to a decision made at a  meeting of co-owners

   • Invalidity of the contested resolution, leading to administrative or financial adjustments.

4. Dispute over the use of common portions

   • Obligation for the syndicate to restore equitable access to common areas or amend management rules.

4. Procedural details

The claim was served to the syndicate on [date of service]. The next steps include [known procedural details, such as a scheduled hearing on [date], or a deadline for response set for [date]].

5. Actions planned by the Syndicate

The Board of directors has decided to [planned actions, such as hiring a specialized attorney to represent the syndicate].

6. Right to intervene

If you believe that this claim could affect your individual rights, you may request to voluntarily intervene in these legal proceedings. To do so, we encourage you to consult an attorney or contact the syndicate for additional information.

Thank you for your attention. We remain available for any questions related to this matter.

Sincerely,

[Name of the President or Secretary of the Board of Directors]
[Title or Position]
[Syndicate Contact Information: phone and email]

WARNING ! This template is provided for informational purposes and does not replace legal consultation. Consult a lawyer to ensure it is suitable for your situation and complies with applicable laws.