Sample Petition to Annul a General Assembly Resolution

Which Resolutions Can Be Annulled?

Resolutions of the general assembly bind all owners as a rule. Where a resolution breaches the statute, the management plan or the rule of good faith, however, its annulment may be sought. The most common grounds in practice are:

• Improper convening (failure to observe the fifteen-day period, defective service)
• Failure to meet the attendance or voting threshold
• Adopting a resolution on a matter not on the agenda
• Using a simple majority where the statute requires a qualified majority
• Allocating expenses contrary to the land shares

Do Not Miss the Deadlines

Under Article 33 of the Condominium Law, an annulment action must be filed within one month of learning of the irregularity and in any event within six months of the resolution date. For those who attended and voted against, the period runs from the date of the resolution.

These are forfeiture periods; if missed, the resolution becomes final and can no longer be challenged. It is therefore better to file first and gather evidence afterwards.

What the Petition Should Contain

• The competent court: the Civil Court of Peace where the property is located
• Details of the claimant (owner) and the defendant (manager or other owners)
• The date, agenda item and number of the resolution challenged
• The statutory provision or management plan clause breached
• The date of knowledge and an explanation of how the period runs
• Evidence: extract from the resolution book, the notice, title deed, management plan

Copyable Annulment Petition Sample (Full Text)

TO THE ……………… CIVIL COURT OF PEACE

CLAIMANT: Full Name, National ID No, ……………… Apartment/Complex, Unit No, Address

DEFENDANT: ……………… Apartment/Complex Management (Manager Full Name), Address

SUBJECT: Request for annulment of resolution no. …… adopted at the general assembly meeting held on …/…/20….

EXPLANATIONS:

1. I am the owner of independent unit no. …… in ……………… Apartment/Complex.

2. At the general assembly meeting held on …/…/20…, resolution no. …… was adopted concerning ……………… (subject of the resolution).

3. That resolution breaches Article …… of the Condominium Law and clause …… of the management plan because ……………… (the notice was not given fifteen days in advance / a resolution was adopted on a matter not on the agenda / the qualified majority required by statute was not reached / expenses were allocated contrary to the land shares).

4. I learned of the irregularity on …/…/20…; this action has been filed within the statutory period.

LEGAL GROUNDS: Article 33 of Condominium Law no. 634 and related legislation.

EVIDENCE: Title deed, management plan, extract from the resolution book, notice of the meeting, witnesses and all lawful evidence.

CONCLUSION AND REQUEST: For the reasons set out above, I respectfully request the ANNULMENT of resolution no. …… dated …/…/20… and that the costs of the proceedings be borne by the defendant. …/…/20…

CLAIMANT: ……………… (Full Name) — Signature

ANNEXES: 1) Title deed 2) Extract from the resolution book 3) Notice of the meeting 4) Management plan

Filling Guide

Identify the resolution by date and number; vague references such as "the decision at the last meeting" weaken the file. Explain the breach by citing the specific provision.

Do not omit the date of knowledge. If you did not attend the meeting, state when and how you learned of the resolution; this fixes the start of the one-month period.

Ask the management in writing for an extract from the resolution book. If it is refused, ask the court in the petition to obtain it.

After Filing

Filing the action does not automatically suspend the resolution. If enforcing it would cause loss that is difficult to remedy, an interim injunction should also be requested in the petition.

Once an annulment becomes final, the resolution is treated as void from the outset. A separate claim may be needed to recover amounts collected under it.

Common Mistakes

• Missing the deadline: the one-month and six-month periods are forfeiture periods and cannot be extended.
• The wrong court: disputes arising from condominium ownership are heard by the Civil Court of Peace.
• Signing without a reservation: if you oppose the resolution at the meeting, sign the minutes stating your reason.
• Mere dissatisfaction: disliking a resolution is not a ground; a breach of the statute or the management plan must be shown.

This content and template are for information only and are examples. Adapt them to your specific situation.