PKHALADZE ET ASSOCIÉS

Cabinet d'Avocats

Civil Law · Real Estate

Condominium Associations: How to Avoid Fictitious Minutes and Arbitrariness of the Chairperson

 

Most condominium disputes concern one sheet of paper — the meeting minutes. It is precisely on the basis of the minutes that common funds are spent, contracts are concluded with third parties, and, sometimes, common property is disposed of. If the minutes are fictitious, everything built upon them is void — provided that you start taking action in a timely manner to prove this.

Why the minutes are decisive

According to the law, the decision of the meeting is mandatory for all members of the association — including those who did not attend the meeting and those who became owners after the decision was made. This is precisely why the minutes are not a formality, but a document that creates or restricts rights.

The problem follows from this: if someone wants to make a decision without the real will of the owners, they only need to "arrange" one document.

Three typical schemes

1. The meeting was not held at all

The minutes were drawn up "at the desk," and the signatures were collected separately, at different times, often against the backdrop of a conversation about another matter. Formally, the paper exists — in fact, the meeting, as a process of joint discussion and voting, did not take place.

2. The meeting was held, but some were not notified

This is the most common case. Some of the owners did not receive information about the meeting at all, or received it without knowing the agenda. As a result, the decision was made without the people it directly affects.

3. Votes are counted incorrectly

In an association, a vote is not automatically "one apartment — one vote"; the law determines the weight of the vote and the required majority according to the nature of the issue, and the disposal of common property requires particularly high support. Therefore, the "majority" indicated in the minutes often does not correspond to the threshold established by law.

What you should check in the minutes — a practical checklist

  • The meeting's date, place, and agenda — and whether it matches the previously distributed notice;
  • List of attendees with signatures — as a separate document, and not just at the end of the minutes;
  • Each owner's area and voting weight, based on which the majority was calculated;
  • separately voting result on each issue — and not one general "adopted";
  • voting through a representative — whether there is appropriate authorization;
  • the minutes' signatories and their authority.

Limits of the chairperson's authority

The chairperson is the executive body of the association — they execute the decision of the meeting, and do not replace it. This principle is clearly confirmed in practice as well: according to the interpretation of the Supreme Court, the chairperson is authorized to convene a meeting of members, but is not authorized to file a lawsuit in court on their own initiative — their claim derives its legal basis only from the decision of the meeting.

The same logic applies to all significant actions: renting out, leasing, or alienating common property is the authority of the association and is based on the decision of the meeting — not on the chairperson's discretion. If the chairperson enters into a contract without such a decision, the question of the scope of their authority will be raised.

A rule to remember: when the chairperson shows you a document, the first question should not be "what is written in the contract", but rather "which decision of which meeting is the basis for this". If there is no response or no minutes are drawn up, the contract itself is also disputable.

How to appeal the minutes

The law explicitly establishes that a member of the association can appeal the minutes in court. The claim shall be formulated as the invalidation of the minutes of a specific meeting, and Article 54 of the Civil Code shall be cited as the substantive legal basis — a transaction that violates the procedure established by law is void.

If registration has already taken place in the Public Registry or a permit has been issued based on the minutes, the relevant administrative act must also be appealed separately — by an administrative lawsuit, within the established, short period from the notification of the decision. Invalidation of the minutes alone does not automatically delete the registry entry.

Prevention — what you should do before and during the meeting

  • Write down the fact of receiving the notification. Request the agenda in writing or through a written communication channel — this is evidence for later.
  • Attend and sign the attendance list. If you do not agree with the decision, have your dissenting opinion recorded in the minutes — a signature is considered consent.
  • Request a copy of the minutes immediately after the meeting. In case of refusal, record this in writing.
  • Do not sign a blank or incomplete sheet — this is most often how the separate collection of signatures begins.
  • Act in a timely manner. Appeal deadlines are short and, as a rule, they are calculated from the moment of notification of the decision — waiting weakens your position.

Conclusion

A fictitious protocol is rarely a sophisticated forgery — more often it is the result of ignoring the procedure: a meeting convened without notice, signatures collected together, uncounted votes. That is why the best tool for protection is not a dispute, but documenting the procedure: who, when, on what, and with what votes made the decision.

If the minutes have already been drawn up and a transaction has been based on them, the case requires an individual assessment — the appeal strategy depends on what stage the process is at and which acts relied on the disputed minutes.

Nikoloz Pkhaladze

Attorney · Founder, Managing Partner

24g Al. Kazbegi Ave., AXIS, 10th floor, Tbilisi · +995 597 117 795 · www.pkhaladze-law.ge