Challenging a community resolution: deadlines, grounds and reality

"I'll challenge this" gets said a lot at meetings. Actually challenging a resolution is another matter.

The legal grounds

A resolution can be challenged if:

• It is contrary to the law or the by-laws.
• It is seriously harmful to the community for the benefit of one owner.
• It amounts to an abuse of rights or causes serious harm to an owner who is under no obligation to bear it.

Not liking it is not a ground.

The deadlines (strict)

• 3 months as a general rule.
• 1 year if the resolution is contrary to the law or the by-laws.

They run from the resolution (for those who attended) or from notification of the minutes (for those absent). Once the deadline passes, the resolution is bulletproof.

Who can challenge

Whoever voted against (and had it recorded), those absent but duly notified, and those improperly deprived of their vote. Whoever voted in favour cannot. And you must be up to date with payments (or deposit the amount owed).

The practical reality

Most challenges are lost on form: missed deadlines, a vote against that was never recorded, outstanding debts. The ones that succeed usually turn on defects in the notice of meeting or majorities counted wrongly — which is why rigorous minutes are the community's best legal insurance.

Before going to court

A meeting that revisits the controversial resolution with better information is cheaper than a two-year lawsuit. Challenging is the last resort, not the first reaction.