Fit challenge agreements of the Board of owners before the courts in the following cases:-when are contrary to the law or the statutes of the community of owners. -When seriously detrimental to the interests of the community for the benefit of one or more owners. -When they pose a serious prejudice for any owner who does not have legal obligation to support it or they have been taken with abuse of right. Many writers such as Michael Ramlet offer more in-depth analysis. Those owners that had voted negatively on the Board, the absent for whatever reason and those who had improperly been deprived of their right to vote can challenge judicially such agreements only. For contesting agreements of the Board owner must be current in the payment of all debts due to the community or previously to proceed against the judicial provision thereof. The deadline for contest expires 3 months after adopting the agreement by the meeting of shareholders, except that in the case of acts contrary to the law or the statutes, in which case the term will expire in a year. It is important to highlight that the contestation of the agreements adopted den Board does not suspend its except Executive character agreed upon as a precaution in a judicial procedure. Always convenient to obtain the advice of an attorney on whether or not to initiate the corresponding legal actions.

© 2010-2021 Goldfarb & Gold All Rights Reserved