Adopting resolutions by general assemblies of housing cooperatives in the jurisprudence of the Supreme Court

Abstract

This article presents the issue of adopting resolutions by the general assembly of housing cooperatives. It discusses most important issues related thereto, including the organizational model of the above-mentioned cooperatives and the way it is to be shaped, taking into account the prohibition of replacing the general assembly with a meeting of representatives. The article also present the specific legal nature of a general assembly divided into parts and specific solutions related thereto which apply in the process of adopting resolutions. In this context, the analyse includes submitting a resolution to voting of all parts of the general assembly as well as obtaining in the voting process a majority of the total number of members participating in the general assembly. Next, the exception to the prohibition of adopting resolutions on matters not included in the agenda, resulting from the general provisions of the cooperative law, is discussed and the issue of whether this exception applies also to housing cooperatives is analysed. An attempt was also made to interpret the provisions regulating technical aspects of the notice of convening the general assembly. Moving on to further aspects, the article also refers to the issue of appealing against resolutions of the general assembly of housing cooperatives and discusses the group of persons authorized to bring an action for declaring the resolution
invalid or an action for an annulment of a resolution. Finally, although this issue was not addressed by the Supreme Court yet, this article also analyses the so-called alternative methods of adopting resolutions by the general assembly in epidemic periods.