General Meetings of the Condominium at Black Sea resorts (Varna, Bourgas etc.)

25 Jul 2011

It appears that the builder’s lobby in the Condominium Management Act has prevailed. The Act was adopted during the property bubble, when all builders had plenty of work and clients. They were trying to predict who they can benefit their further business and how to squeeze more out of the foreign buyers. They were trying to find loopholes and adjust the legislation in a way so their business can be run smoothly. In my opinion one of the loopholes is the ban for convening General Meetings during the summer season.

Art.13  para 8  of Condominium Management Act explicitly states:

(8) Except in urgent cases, a General Assembly shall not be convened during:

1. the period between 15th July and 15th September;

  1. days declared as official holidays;

  2. days declared as holidays by the Council of Ministers;

As you can see the ban matches the summer season i.e. when all holiday property buyers are going on vacation and stay in they apartments. Oddly and surely very convenient when all condominium members are in the building a General Meeting cannot be convened. In my opinion there should be distinction between summer and winter resorts properties. Unfortunately the law doesn’t make that distinction.

Furthermore, because the owners can’t attend the GMs, they need to authorize solicitors or other third parties. Builders count on the fact that power of attorneys involve costs (depending on the way you choose to notarize the document) and apartment owners don’t bother making PoAs at all. This way the management of the condominium (usually the builder via a local limited company) creates obstacles and ensures themselves a majority on the GM and consequently adopting resolutions in builder’s favour i.e. supporting their post development business.