Objection to a Board Decision and the Annulment Lawsuit

Does a Board Decision Bind Everyone?

As a rule, a board decision taken in accordance with proper procedure binds all owners, including those who did not attend the meeting and those who voted against it. However, this does not mean that the decision cannot be questioned. If the decision is contrary to the law, the management plan, or the principle of good faith, there is a route available to an owner who objects: going to court.

Which Decisions Can Be Annulled?

Not every decision — only decisions that are legally defective — are subject to annulment. Main examples:

• Decisions taken at a meeting held without complying with the notice procedure (for example, without giving the fifteen-day period)
• Decisions taken without the required quorum
• Decisions clearly contrary to the management plan
• Decisions that unfairly disadvantage one or more owners in a manner contrary to the good-faith principle

Merely "not liking the decision" is not grounds for annulment; the decision must have a legal defect.

Deadline for Filing the Lawsuit

The deadline for annulling a decision is limited and must be carefully monitored. For an owner who attended the meeting and voted against, the deadline starts running from the date of the decision. For an owner who could not attend the meeting, it runs from the date they learned of the decision; however, in any case, the right to sue may lapse if a long time has passed since the decision. These deadlines are peremptory — meaning that if they are missed, the right to file a lawsuit is lost. For this reason, an owner who intends to object to a decision should not lose time.

Where Is the Lawsuit Filed?

The annulment lawsuit is filed in the court of competent jurisdiction where the main property is located. The lawsuit may be filed by an owner who did not agree with the decision or is affected by the illegality. The court examines the decision for compliance with the law and annuls it if a defect is established.

The Importance of the Decision Book and Documents

In the annulment lawsuit, the strongest evidence consists of the meeting notice, the decision book entry, and the documents showing the quorum. When the notice was made, who attended, and by what majority the decision was taken are understood from these documents. For this reason, management's regular recording of the entire meeting and decision process is critical both for defending the decision and for preventing unnecessary lawsuits.

Common Mistakes

• Missing the deadline: The objection deadline is peremptory; the right to sue is lost if delayed.
• Objection without documents: Without meeting and decision documents, it becomes difficult to prove the claims.
• Trying to sue every decision: Only decisions that are legally defective are subject to annulment; not liking a decision is not enough.

Related Topics

We covered the meeting procedure — the foundation of the annulment lawsuit — in our board meeting article, the decision book — the written basis of decisions — in our decision book article, and the topic of objecting to dues increases in our is a dues increase legal article.

This content is for informational purposes. Deadlines and lawsuit conditions vary according to the specific case; you must consult a legal counsel.