Sendero Legal wins again. We successfully handled a matter before the Court of Appeals in Wrocław, representing our client (a real estate developer) in a dispute with the purchaser of one of their apartments. The appellate court went along with the argument in our appeal brief. It held that, in a condominium property, where a member of the condo association expressly sues for removal of common area defects in such part as equals the member’s share in that area, the court may not order removal of defects in all of the area. Such a court order means the court granted more relief than was demanded, which was inacceptable. The appellate court dismissed the member’s appeal, holding that what the member raised as apartment defects were not something the developer should be held liable for as they arose from use of the apartment. Case handlers: Anna Wieczorek (attorney-at-law & partner), Anita Woroniecka (attorney-at-law ), and Filip Firut (attorney-at-law).
23.11.2021