Homeowners' association meeting
Dear Lawyers,
please send me a non-binding price quote to answer the following legal question(s):
The Background: Condominium association with 52 units and 23 owners. Previously managed by one of the owners. The association is currently involved in two lawsuits against this owner, regarding high payment arrears, incorrect billing, and missing reserves.
The Situation:
During the regular association meeting, the legal representative of the owner in question appeared with power of attorney for two out of the three separate units. He claimed to be there as a private individual.
The agenda included these two lawsuits as well as the possible revocation of ownership rights according to § 18 of the Condominium Act (which was not discussed, meeting adjourned, see below).
Question: Can the meeting be contested as invalid considering each of the following four possibilities and how?
1. Can it be assumed that the legal representative gained 'unfair' advantages by knowing the further strategies against his client? 'Informational advantage'?
2. During the meeting, the attendance list (sign-up sheet) circulated among participants and was left with them for a while due to habitual lateness. The mentioned proxy signed for all three units, even those for which he had no power of attorney. This was not noticed upon return of the list.
3. There are now indications/suspicions that another power of attorney was forged.
4. It was noted that one of the owners brought his girlfriend to the meeting, who does not own property and therefore should not have been allowed to attend (outsider).
How can the contestation/annulment be carried out, can the administrator also request it?
What significance does this have for the adopted resolutions? (Resolution book etc.)
The meeting was adjourned by the administrator after 2.5 hours due to lack of quorum, as many had left, leaving less than one-third of the owners present, with less than one-quarter of the total living/usable area.
It was announced that a follow-up meeting would be convened. Was this appropriate? Within what timeframe must this be held?
The legal representative requested that the meeting be continued despite the low attendance, as there were only two agenda items left. The minutes were taken by the secretary, as the administrator/meeting chairperson had left/refused. How should this be evaluated?
The meeting was highly emotional, especially the legal representative constantly fuelled the fire and complicated the proceedings by opening side issues after the agenda, causing the lengthy duration.
Under what circumstances and how can a 'troublemaker' be excluded?
In principle, can a meeting be held 'during the business hours of the management' (a GmbH)? The management has its headquarters 200 km away from the property. Around 11:00 am or 1:00 pm? To avoid it being contested because some could not attend. Power of attorney forms are sent with the invitation.
Suppose the meeting needs to be repeated. The management wants
