Setting aside an unlawful act of a condominium management board or manager

Setting aside an unlawful act of the management board or manager under the Condominium Ownership Management Act

Under Article 43(1) of the Bulgarian Condominium Ownership Management Act, any owner may apply to have an unlawful act of the management board or manager set aside. Article 43(2) requires the application to be filed with the district court where the condominium is located within 14 days of receipt of the act in accordance with Article 16(7).

Under Article 16(7), within the period set in paragraph 6 the chair of the management board or the manager posts a notice that the minutes have been drawn up, in a conspicuous place accessible to everyone at the entrance to the building. The chair or manager and one owner, holder of a right of use or resident draw up a record specifying the date, time and place of posting. The owners, holders of rights of use or residents are given a copy of the minutes of the general meeting certified as a true copy, together with the annexes. In the cases covered by Article 13(2), these are sent to the email address or the address in Bulgaria supplied by the person concerned. If that person has not supplied either address for copies of the minutes, posting the notice constitutes notification.

The time limit in Article 43(2) is a preclusive one: an action brought after it expires to set aside an unlawful act of the board or manager is inadmissible. These rules are intended to ensure that every owner learns of the act and can duly exercise the right to seek its annulment by bringing a constitutive action under Article 43(1).

This article is not a legal opinion or advice about any particular person or situation, and the author does not claim to cover challenges to unlawful acts of condominium management boards or managers under the Act exhaustively. For legal assistance in a similar case, consult a lawyer practising condominium management law.