Resolutions-Meetings Nullified?

jimmythegreek

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Dec 4, 2008
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If there is a resolution at an Asamblea to approve a budget for the following year, but the budget is not presented in written form to the owners present at the meeting for their approval, can this nullify the vote on said resolution? The condominium rules are not clear on this matter, only stating that the Adminstrator must make the budget available to the owners 4 days before the General Assembly Meeting and retain for 10 years thereafter.

In addition, if the Administrator fails to deliver a copy of the 'Acta de Asamblea' within 10 working days after the Asamblea-General Assembly Meeting, can all of the resolutions approved and the meeting itself be nullified?
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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Regarding the first question: Was the budget in effect discussed at the meeting and approved with the required quorum present? If the answer to both questions is yes, I doubt that a judge would annul the resolution.

Second question: The fact that the minutes of the meeting have not been delivered does not nullify the resolutions taken at the meeting.
 

jimmythegreek

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Dec 4, 2008
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Regarding the first question: Was the budget in effect discussed at the meeting and approved with the required quorum present? If the answer to both questions is yes, I doubt that a judge would annul the resolution.

Second question: The fact that the minutes of the meeting have not been delivered does not nullify the resolutions taken at the meeting.

Well the budget was never in effect-it was a proposed budget in a resolution at an 'Asamblea'. There was never any budget presented to the owners in writing and merely a discussion about the raw number for the year. To me this seemed to be quite deceptive this practice-the lack of full disclosure for owners to make an educated vote on the resolution. Also, the failure to deliver a copy of the Acta de Asamblea 10 working days after the meeting, as is written in our Condo Regulations, may have been done on purpose to keep owners from having a written record of the meeting.