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The general meeting of the condominium in 10 points

The General Assembly, in addition to being the blood pressure-raising arena of voting with the nightmare of quarreling and unsigned neighbors, is in fact the most important organ of the condominium. In our article below, free from lawyers and the boredom that characterizes some legal articles, we’ll show you in a few minutes what you need to know about the condominium general meeting in a nutshell. In this article, we summarize what you need to know about the general meeting of the condominium, the decision-making, the minutes and much more.

You can access our previous interesting articles about condominiums at the following link:

– click HERE for our article on challenging a condominium decision

– click here for our article on replacing the common representative

– CLICK HERE for our article summarizing short condominium topics

1. What is a condominium general meeting?

The general meeting is, in fact, a formally convened body that embodies the will of the owners of the condominium, where legally binding decisions are made.

The main issues concerning the condominium are decided at the general meeting, including the financial issues of the meat cutter, the issues related to the budget and the report, but the election or resignation of the common representative is also due to the decision of the general meeting.

A general meeting shall be held as necessary, but at least once a year. The general meeting on the annual accounts and the establishment of the budget shall be held annually until the date specified in the organizational and operational regulations, but no later than 31 May.

By the way, at the end of the article you will find the issues referred to the decision-making scope of the general meeting.

2. How to convene a condominium general meeting?

The general meeting of the condominium shall, as a general rule, be convened by the joint representative or the chairman of the management committee. We find an exception to this in the law, but only if an extraordinary circumstance occurs (for example, the joint representative fails to convene the general meeting on time at the proper initiative of the condominium community).

All co-owners must be invited to the general meeting in writing (in a demonstrable manner) and a copy of the invitation must be posted in a conspicuous place in the condominium. Written invitations must be sent no later than 8 days before the date of the general meeting and, as a general rule, a general representative authorized in writing by the co-owner must be invited to the general meeting in all cases. Exceptions to the 8-day deadline for sending an invitation may be made in urgent cases (for example: in the event of a situation directly endangering the stability and security of the jointly owned parts of the building, building equipment, property).

The convening of the general meeting may also be initiated by the co-owners representing 1 / 10th of the share in the joint representative. So if someone wants to achieve something or want to vote for something, all they have to do is convince 10% of the owners with a stake. It is important to point out that it is not the number of owners in the condominium that counts when calculating 1/10, but the ownership shares. So the owner of a 100 sqm apartment has more votes than a 55 sqm apartment.

condominium general meeting
The condominium assembly

3. What should the invitation contain?

In the event that the invitation is not in order, the regularity of the general meeting of the condominium itself will be disputed. Therefore, it is worth paying special attention to the fact that the following must be included in the invitation:

– The place and date of the general meeting of the condominium.

– The agenda for the election of the chairman of the general meeting, the head of the minutes of the general meeting and the two co-owners certifying the minutes, as well as the agenda submitted for voting.

– in the case of general meetings, a reference to this fact

– the date of the repeated general meeting and the attention to the different quorum rule

– The invitation shall be accompanied by written submissions on the agenda for the vote, in particular on the annual budget and accounts.

4. What to look for in relation to the agenda and decisions?

At this point, it is important to emphasize that the item on the agenda sent in writing must be the same as the resolution proposal submitted and voted on at the general meeting of the condominium. If, for example, during the other items on the agenda, the general meeting of the condominium makes a decision on a specific matter that was not indicated in advance and precisely, the decision becomes open to challenge. A resolution valid in a matter outside the announced agenda may not be passed at the general meeting.

In addition, the quorum of the general meeting shall be determined as items on the agenda for which the chairman and the head of the minutes are responsible. So if some of the owners “leak” by the end of the general meeting, it is possible that the general meeting will no longer have a quorum. Such cases often lead to appeals against certain decisions.

5. What to look for when holding a condominium general meeting?

First and foremost, of course, to convene the general meeting properly.

In addition, for the General Meeting to have a quorum. A general meeting has a quorum if more than half of the shareholders hold it. If the General Meeting does not have a quorum, or the General Meeting has closed the General Meeting due to a quorum, a repeated General Meeting shall be held.

The repeated general meeting shall be convened within 15 days after the quorate general meeting of the condominium with the same agenda as the original, which remains after the closing of the general meeting in the event of a quorum. The repeated general meeting may be scheduled for the day of the quorumless general meeting in the invitation of the original general meeting, subject to the quorum of the original general meeting, unless otherwise provided in the organizational and operational regulations.

The repeated general meeting has a quorum regardless of the ownership share of those present. However, a reference to this must be stated in advance in the invitation to the repeated general meeting, stating that where the Condominium Act requires a voting share calculated on the basis of a certain proportion of ownership to pass a resolution, no resolution may be passed on the matter.

Expenses in excess of normal management require the unanimous decision of the co-owners.

Regular minutes of the proceedings of the general meeting shall be recorded and any remarks requested separately by the co-owners or proxies shall be recorded.

6. What should be included in the minutes of the general meeting of the condominium?

The law sets out the minimum requirements that must be included in the minutes, so it is important to ensure that the following are included in the minutes:

– the names of the chairman, the secretary and the two co-owners elected to authenticate the minutes;

that the names of the co-owners present, the proportion of ownership and the name of the person authorized by the distant co-owner are included in the attendance sheet attached to the minutes;

determination of the quorum of the general meeting of the condominium;

a summary of the agendas discussed;

the decisions taken by the general meeting verbatim and the results of the voting.

If someone wants to have their speech or comment recorded in the minutes, they should start by asking for verbatim transcripts. In itself, if something is left out of the minutes, but it is not required by law to be included in it, it is not yet illegal.

The minutes shall be signed by the chairman of the general meeting of the condominium and the secretary of the minutes and shall be authenticated by the two co-owners elected for this purpose at the general meeting.

7. How should decisions be communicated?

The joint representative or the chairman of the management committee shall suspend the resolutions taken at the general meeting of the condominium in a conspicuous place in the condominium within eight days from the holding of the general meeting and at the same time notify all co-owners in writing if required by the organizational rules. The minutes on which the decisions are based may be inspected by any co-owner at the request of the common representative.

8. Is it possible to make a written decision?

Yes, of course it is possible. In addition to the cases specified in the Condominium Act, other resolutions of the General Meeting may be made in writing. In this case, the co-owners shall vote in writing on the draft resolution attached to the invitation of the joint representative or the chairman of the management committee regarding the agenda of the general meeting of the condominium, if an audit committee is present, in the written opinion.

In such cases, the detailed rules for the written vote and the determination of the result must be specified in the organizational and operational regulations, so these issues must be settled in accordance with the internal conditions of the condominium. The results of the written vote shall be communicated in writing by the joint representative or the chair of the management committee to the co-owners.

9. How can the general meeting sanction arrears?

The general meeting of the condominium has the possibility to encumber the separate property (apartment, garage, etc.) of certain owners with a sanction, in some cases with a mortgage. This is possible if the co-owner has missed out on a common cost of at least three months. When voting on it, the owner concerned shall not vote, or his or her share shall be disregarded in determining the quorum. Thus, co-owners with a “larger” share of ownership cannot abuse their ownership power or be regularly delayed.

The order to register the mortgage may be repeated for three months’ arrears. If the arrears on which the registration is based have been settled, the joint representative or the chairman of the management committee shall issue the necessary authorization to cancel the mortgage within eight days of the settlement.

resolution of the general meeting of the condominium
The general meeting of the condominium may also sanction co-owners who are in arrears

10. The following are the areas of decision-making that fall within the exclusive competence of the General Meeting by law:

a) the amendment of the memorandum of association and the termination of the ownership of the condominium;

(b) the use, utilization, maintenance of common parts of the building and the assumption of expenses in excess of normal management;

(c) the commitment of the Community;

(d) the election, dismissal and remuneration of the Joint Representative or the Chairperson and members of the Management Committee and the Audit Board;

(e) approving the annual budget and accounts of the Community, the accounts in accordance with the accounting rules and approving the joint representative or the management committee;

f) the initiation of a lawsuit for damages against the joint representative (chairman and member of the management committee) or the chairman and member of the audit committee (the co-owner performing the audit task) or the filing of a criminal complaint;

(g) the initiation of pre-litigation mediation in civil disputes;

(h) in all matters not covered by the rules of procedure of the Joint Representative or the Management Committee or the Audit Committee;

i) the contribution to the construction work planned in the apartment of the co-owner of the builder, which affects the common property as defined by law.

The Condominium Act is available HERE .

powers of the general meeting of condominiums
Certain issues can only be decided by the general meeting of the condominium.

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