Can a decision taken at a general meeting of condominiums be challenged?

Yes, you can challenge a decision that was voted on at the general meeting as long as you are a co-owner defective or opponent. For example, you can challenge a resolution that was not adopted by the right majority or that debated an issue that was not on the agenda the agenda of the general meeting.

You may also contest the absence or irregularity of the general meeting if you have not been called or if you have been unlawfully called. The fact that the mandatory documents were not sent with the summons to the general meeting is also a cause of nullity of the general meeting.

You don't have to justify any particular harm to challenge a decision that was made in violation of the law. It is sufficient to show that the rules laid down by law concerning the organization or functioning of the general meeting or the decision itself have not been complied with.

To challenge a decision, you must to appeal to the court of the place where the immovable is situated within 2 months of notification of the minutes of the general meeting. This notification must be made by the liquidator within 1 month of the general meeting.

You need to get a lawyer. Your appeal to the court must be directed against the condominium pool represented by the liquidator.

After the expiry of the two-month period, the decision may no longer be called into question, even if it is irregular.

On the other hand, the decision can be challenged for 5 years if the trustee has not notified the minutes within the deadline.

If the court rules in your favor, it overturns the improper decision and can grant you damages.

However, if the court rules that you are wrong, you can be ordered to pay damages for abuse.