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The topic of majorities in the assembly often generates discussions and heated emotions when it comes time to make decisions. Although the concept of democracy governs life in a condominium, with regard to assemblies, not all condominium owners have the same voting power.
The number of votes for each fraction corresponds to the whole number of its percentage or percentage. This rule allows exceptions, which you can read in the article below.
Find the key ideas from this article here
Simple majority
The standard rule when taking deliberations by condominium owners is a simple majority. This means that it is enough for the number of votes in favor to be greater than the number of votes against for the deliberation to be approved or disapproved, depending on the case.
Double majority
Requires a majority of the number of condominium owners as long as they represent a majority of the total value of the building. It is used in situations such as carrying out works in the condominium that constitute innovations and do not harm the use of their own and common things by other condominium owners. It is also applied in cases such as the installation of elevators or piped gas in buildings with more than eight units.
Two thirds of the value of the building
It requires two-thirds of the total value of the building. Used when it is necessary that at least 2/3 of the permilage are in favor of the decision. This applies to situations such as innovative works or significant architectural modifications.
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Majority of capital unopposed
This majority requires the approval of the majority of votes representing the invested capital and there cannot be any votes against. It is used in cases such as dividing fractions and prohibiting acts or activities. It also allows expenses related to the payment of services of common interest to be paid in equal parts, as long as the regulation contains a provision to that effect, approved by this majority.
Unanimity
All condominium owners must agree, and there can be no abstentions. This applies to cases such as modification of the constitutive title of horizontal property, disposition of common parts, authorization to integrate revenue from the exploitation of common parts into the budget, among others.
Who has the right to vote?
Decisions about the condominium belong to the condominium owners, but in some situations, the users of the fraction can also vote. The owner has the right to vote on innovation, reconstruction or transformation works, while the usufructuary has the right to vote on current maintenance issues.
What can I do if I disagree with a decision?
A deliberation of the assembly of condominium owners may be challenged by anyone who voted against the deliberation, abstained, or did not participate in the assembly meeting or in the deliberation. Decisions may be annulled if they do not comply with the law, condominium regulations or if they violate rules of public interest.
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Conclusion
In short, understanding the types of majorities and how voting works in condominium assemblies is essential for effective and harmonious management of the condominium. Such decisions influence the life and quality of the condominium, and knowledge of these rules helps to avoid conflicts between condominium owners.
Always remember that the deliberations of the meeting must comply with current legislation and condominium regulations, to avoid possible annulments. Therefore, be well informed and actively involved in the management of your condominium.
See here all the majorities required for each type of deliberation: https://www.condominiodeco.pt/informe-se/simuladores/quantos-votos-aprovar-decisao
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