The decisions adopted by the General Meeting of the condominium must comply with a number of formal requirements relating to the convening, conduct, quorum, majorities and powers of the meeting. Breach of these requirements, laid down in the Condominium Ownership Management Act, may render them unlawful or null and void. In such cases, the owners may seek their annulment by means of a special claim under Article 40 of the Act.
Binding force of the decisions
The decisions of the General Meeting are binding on all owners in the building, regardless of whether they attended the meeting or voted “for”, “against” or “abstained”. If an owner disagrees with a decision that has been adopted, they must challenge it in good time before the court.
Who may appeal against the decisions?
- Owners of self-contained units as at the date of the meeting
This includes natural and legal persons, regardless of the intended use of the unit – dwelling, office, garage, shop, etc. It is irrelevant whether the person owns the entire unit or only notional (ideal) shares in it. - Owners who acquired the property after the date of the meeting
If ownership was acquired after the meeting was held but before the expiry of the time limit for appeal, the new owners may also appeal against the decisions, but only in certain cases:
- They may not seek annulment on the ground of irregularities in the convening and conduct of the meeting.
- They may appeal only against decisions that have legal effect for the future.
Important: Tenants, users and other occupants (e.g. members of the owner’s family) are not entitled to bring a claim for annulment.
Time limit for appeal
The time limit for appealing against the decisions is 30 days and begins to run from the moment of notification of the decision.
This time limit is preclusive, which means that upon its expiry the right to seek annulment is extinguished. A claim under Article 40 of the Act is the only means of challenging the decisions, whether unlawfulness or nullity is alleged.
Commencement of the time limit:
- If the owner has not provided an e-mail address or a postal address, the time limit begins to run from the moment the notice is posted at the entrance of the building.
- If an e-mail or postal address has been provided, the time limit begins from the date of receipt of the notification.
Recommendation: In order to avoid the risk of missing the deadline, owners are advised to file the application for annulment within 30 days of the date on which the meeting was held.
How is a decision appealed?
A claim under Article 40 of the Act is brought against the condominium, represented by its manager.
- Where is the claim filed?
- The statement of claim is filed with the district court in whose jurisdiction the condominium is located.
- What must the statement of claim contain?
- A statement of the grounds for unlawfulness: irregularities in the convening or conduct of the meeting, an improperly determined agenda, missed time limits, the absence of the required majority, etc.
- A request for the annulment of all, or only certain, decisions on the agenda of the meeting.
Important: The grounds for appeal must be set out exhaustively in the statement of claim. Additional irregularities cannot be added at a later stage of the proceedings.
- Burden of proof
- The owner must prove that they own a self-contained unit in the building.
- The condominium must prove that the meeting was convened and held in accordance with the law and that the decisions taken do not contravene the legal rules.
Fees for hearing the case
The state fee for bringing a claim is between BGN 30 and 80, with the exact amount being determined by the court according to the complexity of the case.
Effect of the annulment
If the court annuls the decisions, the annulment takes effect in respect of all condominium owners, regardless of whether or not they took part in the proceedings.
If you need legal advice or representation to appeal against decisions of the General Meeting of the condominium, contact us on 0887550706 or by e-mail: [email protected]
