How to appeal the decision of the general meeting of the condominium association

The decisions of the general meeting of the condominium association determine the basic rules of life in the building: the size of contributions, the election of board members, the conclusion of contracts. But sometimes such decisions have to be appealed in court. Preparing a lawsuit to cancel the decision of the general meeting of the condominium association requires attention to legal details. The lawyers of the company “DE-JURE” provide comprehensive support to co-owners of apartment buildings in matters related to appealing the decisions of the condominium association meeting and resolving conflict situations.

Managing an apartment building through an condominium association requires not only organizational skills, but also strict compliance with the law. However, there are situations when decisions of the condominium association meetings are made with violations or create risks for the rights of co-owners. It is in such cases that appealing the decisions of the meetings in court becomes a necessary mechanism for protecting the interests of residents. The law firm “DE-YURE” has significant experience in supporting such cases – from analyzing the legality of decisions to preparing claim materials and representing interests in court.

Appealing decisions of the condominium association meeting: when to go to court

The decisions of the condominium association general meeting determine the basic rules of life in the house: the amount of contributions, the election of board members, the conclusion of contracts. But sometimes such decisions have to be appealed in court. Co-owners usually go to court in the following cases:

• the procedure for convening or notifying the meeting was violated;
• the issues were resolved outside the approved agenda;
• when counting votes, the data on the “number of apartments” and “area of ​​premises” were mixed up;
• the minutes were drawn up with gross errors;
• the board acts on the basis of an illegal decision that leads or may lead to harm to the co-owners (for example, increasing the amount of contributions, changing the manager, concluding unprofitable contracts).

It is important to correctly determine the subject of the dispute and clearly formulate the requirements, because the success of the trial depends on this. You can appeal in court:

• the decision of the general meeting itself (in full or its individual points);
• actions or decisions of the board based on a disputed document;
• refusal or inaction to perform duties (for example, recalculation of contributions, informing the bank or contractors);
• registration actions carried out on the basis of an invalid decision.

It is worth remembering: the court intervenes only when the rights of the co-owner have actually been violated or significant procedural errors have been made. Minor organizational errors are not grounds for canceling collective decisions of the condominium association. When formulating claims, it is important to indicate which rights were violated and what document or fact confirms this.

How to properly file a lawsuit in court in case of appealing the decision of the condominium association meeting

Preparing a lawsuit to cancel the decision of the condominium association general meeting requires attention to legal details. Incorrectly determined jurisdiction or jurisdiction may be grounds for returning the application. Therefore, before going to court, it is worth considering several key points:

• jurisdiction. According to the resolution of the Grand Chamber of the Supreme Court of February 1, 2022 in case No. 910/5179/20, such disputes are considered corporate. Therefore, when the plaintiff is a co-owner or member of the condominium association, the case is considered by the commercial court. If the plaintiff does not have a corporate connection with the association (for example, is a tenant or a third party), the dispute is subject to civil proceedings;
• territorial jurisdiction. The lawsuit is filed at the location of the defendant, that is, the condominium association itself. If there are derivative claims, for example, regarding the cancellation of registration actions, they are considered within the same case, without being separated into separate proceedings;
• limitation period. Courts mainly apply a general three-year period for appealing against decisions of meetings, unless otherwise provided by law. This approach is confirmed by the practice of the Supreme Court, in particular the decision in case No. 910/9672/20.

If you want the claim to be drawn up correctly, contain the appropriate requirements and be based on current case law, you should contact a lawyer specializing in disputes with condominium associations.

On what grounds can the court declare the decision of the condominium association meeting invalid

The court does not automatically cancel the decision of the condominium association meeting. It is necessary to prove the presence of significant violations that affected the result of the vote or violated the rights of the co-owners. The most common grounds for declaring the decision invalid are the following circumstances:

• improper notification of the meeting. If the co-owners were not notified properly or the announcement did not indicate the issues that were actually considered, this is a significant violation of the procedure;
• errors during the vote counting. The decision should be made taking into account the area of ​​the apartments, and not the simple number of votes of the co-owners;
• violations during the written survey. The court may declare the results invalid if the survey was conducted in violation of the deadlines or contained issues that differ from the agenda;
• other procedural shortcomings. For example, the absence of signatures, inaccuracies in the registers of attendees, discrepancies in dates, or participation in the vote of persons who are not co-owners.

Such violations indicate non-compliance with the principles of transparency and legality of building management, therefore, the court may declare the decision of the condominium association meeting invalid and oblige the board to eliminate the consequences of such actions.

Evidence base for the court when appealing the decision of the condominium association meeting

In order for the court to objectively assess the situation, the plaintiff must provide a full package of evidence confirming both the fact of the violations and their impact on the voting result or the rights of co-owners. The minimum set of documents for the evidence base includes:

• the condominium association charter, which clearly spells out the procedure for convening the meeting, voting rules, the powers of the board and the procedure for drawing up decisions;
• the minutes of the meeting being contested with all annexes – the register of participants, ballots, written survey sheets, the report of the vote counting commission, confirmation of the ownership rights of voters;
• evidence of proper or improper notification of the meeting – copies of mailings, signatures on receipt, notices on bulletin boards;
• financial documents – accounting statements, payment orders, contracts, indicating the implementation of disputed decisions;
• Electronic evidence – screenshots, e-mails and other digital materials must be recorded with dates and sources so that they have the appropriate legal weight during the consideration of the case.

Even if the documents are refused, the court may request them from the management of the condominium association, and the authenticity of signatures or protocols is checked by an expert.

What results can be achieved in court if the decision of the condominium association meeting is appealed

Appealing the decision of the condominium association meeting allows you to simultaneously protect non-property and property interests, if the rules for combining claims are followed and the appropriate court fee is paid. Non-property claims include the recognition of the meeting decision as invalid or the cancellation of its individual points, while property claims include the recalculation of contributions, the return of overpaid amounts, or other financial adjustments.

In the event of a common interest, co-owners can file a collective lawsuit, but each plaintiff pays the court fee separately. At the same time, the decision to declare it invalid applies to all co-owners, so the involvement of additional participants is not mandatory.

The cancellation of the decision or its individual points obliges the condominium association to hold a repeat meeting in compliance with all procedures or to refuse to implement the planned measures. In the case of property claims, contributions are recalculated and the excess amounts are returned. The bank and counterparties are also notified of the invalidation of the decision of the condominium association meeting to stop payment orders and correct contracts concluded on the basis of the disputed decision.

What mistakes do plaintiffs make when appealing the decision of the condominium association meeting in court?

Many co-owners who go to court to appeal the decisions of the condominium association meeting make typical mistakes, which significantly reduces the chances of a successful outcome. To avoid wasting time and effort, it is important to know what the court pays special attention to:

• incorrect determination of court jurisdiction. Appealing to a civil court in the event of a corporate dispute when the plaintiff is a member of the condominium association may result in the case being refused consideration;
• formality of claims. The court does not satisfy the claim if the violations did not affect the result of the vote and did not violate the plaintiff’s rights;
• ignoring a written survey or the terms of its conduct. If there are proper survey sheets, it will be difficult to prove the violation;
• insufficient confirmation of dubious signatures. Statements about falsification of protocols or questionnaires without evidence, for example, confirmation of persons’ stay abroad, are not accepted by the court.

To avoid these and other mistakes and increase your chances of success in court, contact a lawyer who specializes in condominium cases.

How a lawyer can help when appealing a decision of a condominium association meeting

Lawyers of the company “DE-JURE” provide comprehensive support to co-owners of apartment buildings in matters related to appealing decisions of condominium association meetings and resolving conflict situations. Lawyers help clients at all stages, including:

• document analysis and legal assessment of the situation. Study of meeting minutes, condominium association charter and other materials, consultation on possible ways to resolve the conflict with minimal risks for the client;
• pre-trial settlement of disputes. Negotiations with other co-owners, the board or counterparties, proposal of alternative conflict resolution strategies, for example, initiating a repeat meeting;
• preparation and filing of a lawsuit in court. Collection of necessary documents, formulation of legally justified claims;
• representation in court. Support in all instances, preparation of procedural documents (petitions, reviews, explanations);
• preparation of appeals and cassation complaints if necessary.

It is worth contacting a lawyer immediately after detecting violations – this allows you to assess the grounds for the appeal, formulate the claims in a timely and correct manner.