Can I Challenge an Apartment Owners' Resolution Adopted While I Was Abroad?

Co-owned Property and Dissolution of Co-ownership

Prepared by: Constantinople

The opportunity to challenge an owners' resolution adopted while you were abroad is assessed together with your attendance and the decision's nature. Merely considering its cost excessive is not always a ground for annulment. The notice, meeting and voting quorums, management plan and decision's content must be examined. The distinction between apartment-building and estate management structures is also clarified.

Prepare the meeting notice, agenda, copy of the decision book, signature and proxy lists, and management plan. Explain when and through which document you learned of the decision. Email, messages or a payment demand may matter. Include the basis for matters such as new service charges, common-area changes or major repairs. A screenshot showing only the payment amount does not permit assessment of the whole decision.

The law provides short annulment periods depending on attendance and discovery; for an absent owner, one month from discovery and generally an outer limit of six months from the decision are relevant. Non-existence or absolute nullity is assessed separately. Mandatory mediation and its effect on time must also be planned. An objection message to the manager does not replace preparation for proceedings.

In a paid initial review, we assess the decision's basis, application period and document-supported objections in writing. Representation and document collection for an owner abroad can be defined in writing. Challenging a decision does not automatically suspend every payment obligation. Payment, litigation and provisional protection options are distinguished and assessed in the particular file.