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Hold a shareholders' resolution

often happens that a condominium does not agree with what was decided by the condominium. The disagreement, which is always legitimate, sometimes it can be legally significant. In short, those who disagree may have been right not to be.

Let's see how to oppose a resolution condominium.

first you must understand if you can get what we hope. A decision may be invalid because they brought all the condominiums, as he decides with majorities other than those required by law, because the costs are split incorrectly, or it contains decisions on matters which the Assembly can not discuss. Depending on the type of defect that affects the resolution that we can speak of invalidity or nullity. Without going into arid technicalities, suffice it to say that nothing is a decision always challenge a voidable may be appealed within a specified period, ie within 30 days. This period shall begin for the dissenters (Present in the assembly but opposed to voting on an item on the agenda) from the time of adoption and those who are absent on the day of notification of report.

The first step is to go to court. This is a subject for which you need the support of a defender. In short, we must go by the lawyer. Do not be doing it. Thus, as after the ruling No 4806 of 2005 is clearer the distinction between void and voidable decisions, you should always lodge an appeal during the 30 days required by law. Nullity or annulment of concepts decisions are reserved to the jurisdiction of the court are not clearly defined by law.

Finally, if during the proceedings involved a new resolution to replace the previous one, is to stop the matter of the litigation and is usually that the case go forward only to decide on the taxation of costs, except that the parties agree to end the dispute definitively.

All-in-depth technical legal matter can be found at:

www.civile.it / condo