Article 43. The Meeting with Special Interest

(1) Certain owners, determined by an objective criterion (all owners from a condominium when the association has members from several condominiums; all owners from a stairwell; all owners of storage rooms; all parking space owners; all owners who have access to a certain service or certain common parts; other categories of owners that can be stipulated in the charter or in the regulations of the association) (hereinafter – owners with special interest) can be convened in a meeting with special interest and can adopt resolutions pertaining to the special interest (special resolution), as long as it does not affect the interests of the other condominium owners. In this sense, the convocation of the meeting with special interest is carried out by the association’s administrator, upon the request in text form of at least 10% of the total number of owners falling under the respective criterion.
(2) The resolution to convene the meeting with special interest and the minutes of the meeting with special interest must state, under the sanction of absolute nullity, the objective criterion by which the owners with special interest are determined.
(3) The special resolution is binding only for the owners with special interest who had the right to participate in the meeting with special interest. The meeting with special interest can decide on measures that directly pertain to the necessity of maintenance, repair, and arrangement of the common parts concerning subjects of special interest.
(4) The legal provisions regarding the general meeting are correspondingly applicable to the meeting with special interest, except that the quorum and voting requirements are calculated from the total number of owners with special interest who had the right to participate in the meeting with special interest and cannot be less than 50%.
(5) Condominium owners who are not owners with special interest are not convened, but have the right to participate in the meeting with special interest and to present their own opinion.
(6) The special resolution is performed by the association’s bodies to the extent that it does not affect the interests of the owners indicated in paragraph (5). In particular, the special resolution cannot have the effect of:
1) using the financial means of the association, except for the funds that cumulatively meet the following conditions:
a) are accumulated by the association after the adoption of the special resolution;
b) are accumulated from the owners with special interest who are financially obligated by the respective special resolution;
2) limiting the right of the condominium owners to the use of the common parts.
(7) The general meeting of the association can revoke a special resolution at any time.