I won't make you curious, the answer is YES . But it is necessary to understand in which cases this can occur.
It is not as rare as it seems to the assembly challenge.
The Civil Code and condominium laws have rules that regulate the procedure and also the summons and votes in a condominium assembly. When these rules are disrespected, the decisions taken may be annulled , it is enough to challenge it.
We will describe below the vices that can be accused:
How should the CALL take place?
The assembly is a meeting called by the manager or by 1/4 of the unit owners, in compliance with the manner provided for in the Law and in the convention. The notice must be in writing, since Article 1354 of the Code Civi l states that the assembly is null that is not preceded by notice to the tenants.
Civil Code. Art. 1,352. Except when a special quorum is required, the resolutions of the meeting will be taken, on first call, by majority vote of the unit members present representing at least half of the ideal fractions. Single paragraph . The votes will be proportional to the ideal fractions on the ground and in other common parts belonging to each unit owner, unless otherwise provided for in the agreement establishing the condominium.
What are the AIM of the assembly?
The purpose of the meeting is to deliberate on matters previously determined in the call notice and the decisions taken therein oblige all unit owners and occupants of the building, even if they have not participated or voted, except in cases where the topics discussed and deliberated are fully contrary to the laws that regulate and protect the rights of unit owners.
A matter not specified in the call notice cannot be deliberated at a meeting.
What are the species of assemblages?
- Provided for in article 1,350 of the Civil Code , its objective is to approve the accounts and the annual budget and, eventually, it can be used for the election of a new manager , as well as the alteration of the internal regulations .
- Extraordinary – Provided for in article 1,355 of the Civil Code , its objective is to deliberate on matters in the interests of the unit owners , such as carrying out works , applying fines and approving expenses to fund essential activities.
What are the most common possibilities of FAILURE TO MEET THE REQUIREMENTS?
The meetings are legal acts. Therefore, they have formalities to be followed which, if not complied with, are subject to annulment under the terms of articles 166 and 171 of the Civil Code.
- ABSENCE OF SPECIFIC QUORUM
Attention should be paid to what purpose the meeting has been called, as to deal with certain matters, the Law or the convention may require a specific quorum , such as a change in the condominium agreement with less than 2/3 of the votes of the unit owners, approval of voluptuous works with less than 2/3 of the joint owners' votes, or any other resolution that does not respect the appropriate approval quorum for the situation: except in situations that demand a special quorum, the resolutions are taken, on first call, by a majority of the gifts, which represent at least half of the ideal fractions; on second call, by a majority of those present.
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- VOTING BY CONDOMINIUM PRECLUDED FROM VOTING OR WITH ATTORNEY WITHOUT SPECIFIC POWERS.
Voting by a joint owner prevented from voting or the granting of a power of attorney for representation in voting, without the specific powers required by law, also taint the meeting held.
Checked some of the above irregularities, what can be done?
Well, we have two options:
The first is that dissatisfied unit owners may, before filing a lawsuit, call another meeting, provided they have the request of ¼ of all unit owners, thus, they can revoke previous decisions. It must always observe the convention and the Law, so that the new assembly does not have vices that could render it null.
The second option can be used in case you are not able to obtain a quorum of con of all the unit owners to call the meeting, you must use a legal action for the judge to declare the meeting null and void. This action can be proposed by any unit owner, even the tenant. The procedure is common and has a deconstitutive nature.
Pay attention to the fact that each concrete case must be analyzed, so it is essential to analyze the situation by a lawyer who works in the area.
