Under the law a resolution can be challenged if it conflicts with legislation, the founding deed or the bylaws, or if a procedural error in convening or running the meeting could have influenced the content of the resolution, for example a lack of quorum or the unlawful exclusion of an owner from voting.
The deadline is strict and short: the claim must be filed within 60 days of the resolution, after which the right lapses and the resolution becomes final even if the objection would have been well founded.
Importantly, starting a case does not automatically suspend execution of the resolution. To achieve that, the owner must file a separate urgent request asking the court to suspend enforcement.
In practice most challenges are built on procedural errors, such as an incomplete invitation or a missing quorum check, or on substantive unlawfulness, such as applying an allocation key contrary to the bylaws. A carefully documented meeting is the best defence.
A practical tip for owners: if you disagree with something at a meeting, have it recorded in the minutes on the spot, as this strengthens your later legal position.
Merbo runs every general meeting strictly according to statutory and bylaw requirements with itemised minutes, so resolutions are as resistant as possible to later procedural objections.
A challenge case can drag on for months or years, during which the building's operation remains uncertain in that matter. It is always better to settle the dispute at the meeting through open discussion.