Article 59. Simplification of Debt Collection from Owners to the Association. Powers of the Authorized Person

(1) A person who, under this law, convenes a general meeting is entitled to designate a notary, a bailiff, or an attorney (hereinafter referred to as the “authorized person”) who will perform the functions of the secretary of the general meeting. In this case, it is deemed that all participants in the general meeting agree with the designation of the authorized person as secretary, unless the general meeting resolves, before examining the agenda items, not to designate the authorized person as secretary and appoints another person for this role.

(2) The authorized person performing the functions of the general meeting’s secretary is responsible for:
a) verifying the observance of the rules for convening the general meeting and may, for this purpose, confirm the transmission of the notice according to Article 35 paragraph (4), or, as the case may be, of the voting ballots;
b) registering the participants at the general meeting, checking their powers, and confirming the quorum;
c) counting the votes cast at the general meeting or, as the case may be, the voting ballots, and determining whether a proposed resolution was passed or not;
d) verifying the text of the resolution passed on each item on the agenda of the meeting;
e) ensuring the owners are informed about the minutes of the general meeting.

(3) An authorized person is not responsible for any other information in the minutes of the general meeting. A note to this effect shall be made in the endorsement applied by the authorized person to the minutes. The template endorsement is approved by the Ministry of Justice.

(4) An authorized person acting as the secretary of the meeting is not liable if the general meeting’s resolution is annulled due to a circumstance other than what it is responsible for under paragraph (2).

(5) In all cases, the chairperson of the general meeting is responsible for the accuracy of all information recorded in the minutes of the general meeting.

(6) The minutes, if properly drawn up and bearing the endorsement of the authorized person, constitute an enforceable document under Article 11 of the Enforcement Code No. 443/2004 concerning the monetary obligations of the owners to the association, calculated in accordance with the resolution of the general meeting contained in the respective minutes.

(7) The minutes referred to in paragraph (6) constitute an enforceable document only with respect to payments due and overdue between the date of passing of the general meeting’s resolution recorded in the minutes and the expiration of the 2-year term from the date of the general meeting to which it refers.