We have been warning apartment owners that developers use incorrect calculation of common parts, in order to gain majority in the condominium General Meetings. Thus they set their own decisions about which will be the maintenance company and how much that maintenance company will be paid. It’s out of question that they form their own maintenance companies and get the maintenance fees.

For the past year we have been fighting such developer in Bansko. He had built three apartment blocks and have used only the initial common areas calculations for selling the apartments and consequently defining how big is the voting right of each apartment owner. The problem was that the plans of the building were changed 2 times during the construction. This inevitably changes the distribution of the common areas percentage and the subsequent voting rights. However that was never written in the table of common areas. This enabled the developer to “blackmail” the rest of the owners and outvote all General Meeting decision which were not in his own favour.

Hopefully the owners were wise enough to challenge the GM decision in the court. The court expert found the incorrect data and all GM votes counting. The court ruled that the GM decisions were illegal due to incorrect voting rights calculations.

If you are owner in a complex, whether it is in Sea or Mountain resort, be sure to check whether the same scheme is not applied to your property. If you are a victim of the same rip-off, be sure to challenge the GM resolutions in the court. Remember that the challenge need to happen within 7 days, as from the moment the GM has been attended or 1 month if the GM was attended by the apartment owner.

Read more solicitor advice here:


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  • Dawn O'Shea 31 May 2012 Reply

    I am one of a number of Irish, British and Russian owners of private apartments in a complex in Sunny Beach. The developer of the complex now owns the middle block of apartments and claims to have a 54% share of the vote at the GM and hence the rest of us are out-voted on everything. At present he has succeeded in electing himself manager of the complex, his management company has been awarded the management contract, his maintenance company has been awarded the maintenance contract. We are paying double the maintenance fee paid by other similar complexes and the cost of bar staff, restaruant overheads etc has been factored into our maintenance fee because he has voted it in. Is there any way that we can create a more level playing field in terms of voting power and appointment of manager? Any advice would be much appreciated.

    • Milen Hristov 3 June 2012 Reply

      I have emailed you in details but I can summarise here that you can initiate declaratory proceedings in court so you can have the recalculation of the common areas percentage.

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