General Assembly of Unit Owners

The General Assembly of Unit Owners is the most competent decision-making body, composed of all independent unit owners in the main property pursuant to Law No. 634 on Condominium Ownership, and is responsible for making decisions regarding the management of the apartment or residential complex.

The assembly adopts binding decisions on matters such as:

• management of the property
• maintenance
• repair
• operation
• determination of common expenses

Duties and Powers of the General Assembly of Unit Owners

The scope of authority of the general assembly is quite broad and, in practice, can be grouped under three main headings:

1. Administrative and Managerial Decisions

• election of the manager and auditor
• discharge of the previous management
• approval of the operating project
• amendment of the management plan
• granting authority to the manager

2. Financial Decisions

• determination of dues and advance payments
• approval of the budget
• approval of income and expense accounts
• determination of the delay compensation rate

3. Maintenance, Repair, and Improvement Decisions

• exterior painting and insulation
• roof repairs
• thermal insulation
• installation of security systems

4. Significant Management Decisions

• leasing of common areas
• use of advertising spaces
• disposal transactions concerning the property

Types of General Assembly Meetings

Ordinary Meeting

The general assembly of unit owners convenes at least once a year. In practice, this meeting is usually held in the first months of the year.

Extraordinary Meeting

In urgent situations, a meeting may be called by:

• the manager, or
• one-third of the unit owners

Quorum for Meetings (Articles 29–30 of the Condominium Law)

Under the Condominium Law, the meeting quorum is evaluated in two stages:

First Meeting

For the first meeting to be valid:

• more than half of the unit owners, in terms of both number and land share, must be present.

Without this double majority, the meeting cannot be held.

Second Meeting

If the quorum is not met in the first meeting:

• a second meeting is held within 15 days,
• the meeting may be held with those who attend.

However, for decisions to be adopted, at least one-third of the unit owners must be present.

Decision Quorum

As a general rule, decisions are taken by a simple majority of those present at the meeting.

However, the law requires a qualified majority for certain decisions.

Decisions Requiring a Qualified Majority

Election of Manager and Auditor

Pursuant to Articles 34 and 41:

• the manager and auditor are elected by a majority in both number and land share.

This rule also applies in the second meeting.

Significant Changes in Common Areas

Under Article 19:

• significant changes in common areas require a four-fifths (4/5) majority of unit owners.

However, this requirement may be relaxed for necessary and beneficial works.

Dispositional Acts and Major Transactions

Under Article 45:

• transactions such as leasing advertising spaces or using roofs and facades require unanimity.

Participation by Proxy

Unit owners may participate in the general assembly through a proxy.

According to the Court of Cassation:

• the proxy authorization does not have to be in writing,
• oral authorization is also considered valid.

This provides flexibility in practice.

Binding Nature of General Assembly Decisions

General assembly decisions are binding on:

• those who attend the meeting,
• those who do not attend,
• those who vote against the decision.

Annulment of General Assembly Decisions (Article 33)

If general assembly decisions are:

• contrary to the law,
• contrary to the management plan, or
• contrary to equity,

unit owners may file an annulment action before the Civil Court of Peace within one month.

This period is a peremptory time limit.

Assessment in Light of Court of Cassation Case Law

Judicial precedents emphasize the following principles:

• meeting and decision quorums are mandatory provisions,
• violations of these rules may lead to annulment of decisions,
• a simple majority is insufficient for matters requiring a qualified majority,
• even in the second meeting, special quorums may still be required for certain decisions.

Conclusion

The General Assembly of Unit Owners plays a central role in the functioning of condominium ownership, and its decisions are binding on all unit owners.

The validity of these decisions depends on compliance with the meeting and decision quorum requirements set out in the Condominium Law.

Therefore:

• compliance with meeting procedures,
• ensuring proper quorums,
• adopting legally valid decisions

are of great importance in preventing disputes related to condominium ownership.

Frequently Asked Questions

What is the General Assembly of Unit Owners?

It is the highest decision-making body responsible for decisions regarding apartment or site management.

What is the quorum for the first meeting?

More than half of the unit owners in terms of number and land share must be present.

How many participants are sufficient for the second meeting?

The meeting may be held with those present, but at least one-third participation is required for decisions.

By what majority is the manager elected?

By a majority in both number and land share.

Can general assembly decisions be annulled?

Yes. An annulment action may be filed within one month if decisions are contrary to law or the management plan.

Legal Assistance in Condominium Processes

Disputes related to general assembly decisions require technical legal evaluation, particularly in terms of meeting procedures, quorum calculations, and annulment processes.

Therefore, conducting the process with the assistance of a lawyer specialized in condominium law is essential to prevent potential loss of rights.