Property Management Matters, Part I: Legal Practice (II)
Practical defence strategies for owners' assemblies and owners' committees facing cancellation-right actions concerning property-management decisions.
Once an owners' assembly has been established, later meetings may lawfully appoint or dismiss a property-services company under legislation and governing documents. Disputes often arise when property-service providers challenge decisions in owners' names.
Defence work should verify identity, authority, voting participation and effective service of notices; distinguish proper defendants and the nature of any challenge; and use governing documents and statutory evidence rules to address alleged procedural defects.
Meeting notices, ballots, authorisations and original records should be preserved and made available in accordance with applicable rules, balancing transparency, privacy and the principle that a claimant bears the burden of proof.