Yes, but the deadline is short. An outvoted owner may apply to court within 30 days of announcement of the voting result, otherwise the right expires. If they could not learn of the result, the outer limit is three months from its announcement. They may also seek temporary suspension of the decision’s effect. First, however, check whether the majority required by law for that issue was actually achieved.
The meeting approved a loan for insulation, a change of building manager or an attic extension. You voted against it and feel the decision was forced through. The law provides a remedy, but only for a short time. The first step is to count the votes again, rather than immediately file a claim.
First check whether the majority was sufficient
The Flat Ownership Act does not provide a single majority rule, but three regimes. A majority of the votes of all owners decides, for example, the owners’ association agreement, election and removal of its chair, the building management agreement, management fees, advance contributions to the operation, maintenance and repair fund, consent to alterations affecting common parts, and house rules (Section 14b(1) of Act No. 182/1993 Coll.).
A two-thirds majority of the votes of all owners is required for more significant matters: changes in the use of common parts and facilities, a loan agreement and its security agreement, an agreement for an internal conversion or upward extension, alterations creating or removing a common part, common facility or appurtenance, and an easement over common parts, facilities, appurtenances or adjoining land (Section 14b(2)). An upward extension or conversion in an attic or loft additionally requires the consent of all owners whose units will directly adjoin it.
Consent of all owners is required for an agreement transferring ownership of non-residential premises, adjoining land, appurtenances or parts thereof held in the owners’ co-ownership, and for an extension increasing the building’s footprint (Section 14b(3)).
For matters not listed here, a majority of the votes of owners present at the meeting or participating in the written vote is sufficient (subsection (4)). The distinction between a majority of all owners and a majority of those present is often the very issue in dispute.
The deadline for bringing a claim
An outvoted owner of a flat or non-residential premises in the building may apply to court within 30 days of announcement of the voting result for a decision on the matter; otherwise, their right expires.
— Section 14a(11) of Act No. 182/1993 Coll., unofficial translation
If you could not learn of the voting result, the deadline is no later than three months after its announcement; the right likewise expires after that. You may also ask the court for temporary suspension of the decision’s effect. For loans and building works, this can matter more than the eventual outcome of litigation, which may arrive too late.
If votes are tied or the required majority is not reached, the court decides at any owner’s request.
When the time limit starts
It runs from announcement of the result, not the meeting. The person who convened the meeting or initiated the written vote must publish the minutes and result within seven days in the manner usual for the building. The announcement must include its publication date (Section 14a(9)).
Secure evidence of that publication date immediately. If the result was posted on a noticeboard and no one recorded when, an avoidable dispute over whether the claim was filed in time may be lost.
Where votes most often go wrong
- The wrong majority. A matter under subsection (2) is approved by a simple majority of those present.
- Notice of the meeting. The date, venue and agenda must be announced at least seven days in advance and delivered to every owner on paper, unless the agreement specifies another method (Section 14a(2)).
- Written voting without verifiers. At least two elected verifiers must confirm the signature on the voting paper and be present when it is signed. If the owner does not indicate their choice, the vote is invalid (subsection (4)).
- A repeat vote on the same issue. If the same matter is voted on within one year of a valid vote, higher majorities are required. For matters under subsection (2), this rises to four-fifths (Section 14b(6)). This is the rule most often overlooked in practice.
What this means for you
Valid decisions bind all owners, including those who voted against them or did not participate (Section 14a(10)). Once the time limit expires, the decision stands regardless of how wrong it may have been on its merits. Have an initial assessment made within days of publication of the result, rather than after construction begins.
If the vote concerned alterations affecting common parts, see also enlarging a flat at the expense of common parts.
How we can help
We examine the minutes, attendance list and voting papers to establish whether the legally required majority was reached and when your deadline expires. If court proceedings are needed, we provide litigation representation, including an application to suspend the decision’s effect temporarily. If you are buying a flat while the building is deciding on a loan or major refurbishment, we examine this through property legal due diligence and reflect it in the flat purchase agreement.
Contact us as soon as the voting result is published. Thirty days pass faster than you might expect.
This answer provides general information on the law as at 16 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
