Voting per rollam in SVJ: How to make the right decision outside the meeting

Complete instructions for written voting of owners in SVJ. When to use it, what are the requirements and how to avoid invalidity.

Calling an owners' meeting where the majority will come is sometimes harder than getting tickets for Coats. People work, travel, don't have time or interest. And you need to approve the roof repair. Fortunately, there is a solution - per rollam voting, i.e. decision-making outside of the meeting.

In this article I will show you how to properly execute a per rollam so that it is valid and nobody can challenge it.

What is per rollam voting

Per rollam (from the Latin "circular") is a method of decision-making where the owners vote in writing outside the meeting. Everyone receives a draft resolution and casts their vote (for/against/abstain) on a ballot.

When to use it

Meeting does not have a quorum (few owners)
Urgent matter that cannot be delayed
Simple decision that does not require discussion
Owners are hard to reach (foreigners, busy)

When NOT TO USE IT

Complex topics requiring discussion
Conflicting decisions with expected objections
Matters where there is an important conflict of opinion

Legal basis

Civil Code § 1213

Allows decisions to be made outside the meeting, unless the statutes preclude it.

Bylaws SVJ

The key is what your bylaws say:

Per rollam bylaws allow: You can use it without restrictions
Per rollam bylaws prohibit: Can't use
Bylaws are silent: Can be used with restrictions (see below)

Restrictions on bylaw silence

If the bylaws don't regulate per rollam, the law applies:

It can be used if the assembly does not meet to discuss the matter
The deadline for voting is 15 days from the delivery of the proposal

Step-by-step procedure

Step 1: Preparation of the proposal

The draft resolution must contain:

Exact wording of the proposal (what is being approved)
Explanatory note (why)
Documents (budget, offers, documents)
Voting deadline
Method of delivery of ballots

Example of the proposal: "The assembly of owners of SVJ Lipová 15 units approves the repair of the roof covering according to the offer of the company XY s.r.o. at a price of Kč 450,000 including VAT. The repair will be financed from the repair fund."

Step 2: Preparation of the ballot ticket

The ballot contains:

Name SVJ
Unit number of the owner
Text of the draft resolution
Voting options (FOR / AGAINST / I ABSTAIN)
Date and signature of the owner
Deadline for submission

Sample ballot:

BALLOT SVJ Lipová 15, IČO: 12345678 Unit no.: _______ Owner: _______

Draft resolution: "The repair of the roof covering according to the offer of the company XY for Kč 450,000 is approved."

My vote (check one option):

PRO
AGAINST
I ABSENT SE

Date: _______ Signature: _______

Deadline for delivery: until 15/03/2025 Zmethod of delivery: box in the house or e-mail of the committee

Step 3: Delivery to the owners

Methods of delivery:

By post with delivery note
In person against signature
By e-mail (if the articles of association allow)
By dropping them into boxes (with documentation)

Important: Keep proof of delivery to each owner.

Step 4: Collection of ballots

Time limit for voting:

At least 15 days (legal time limit)
The articles of association can provide for a longer time period
After the time limit, voting closes

Who does not answer: He is considered a person who did not vote (does not count).

Step 5: Evaluation of the results

Counting of votes: According to the share of common parts (as in the meeting).

When the resolution is adopted: Majority of votes of all owners (not only those who voted).

Example:

Total 100% votes (10 owners)
8 owners voted (80%)
FOR: 6 owners with 55% share
AGAINST: 2 owners with 25% share
Resolution is passed (55% > 50%)

Step 6: Announcement of results

Within 15 days after the end of voting:

Inform all owners in writing about the result
Indicate the number of votes for/against
Announce whether the resolution was adopted

Specific situations

Per rollam after an unsuccessful meeting

Situation: The meeting was not quorum.

Procedure:

Establish insolvency (record)
Start the per-rollam process within the period required by the current law and the association's articles
Voting on the same agenda items

Per rollam with multiple proposals

Situation: You are voting on several resolutions at the same time.

Procedure:

Each resolution has its own vote
The owner can vote differently on each one
Evaluate separately

Changing the vote

Situation: The owner wants to change his vote.

Rule:

Can be changed before the deadline
Last received applies vote
Document delivery date

Common mistakes and how to avoid them

Error 1: Bylaws prohibit per rollam

Problem: Voting is invalid.

Solution: Check the bylaws before starting. Alternatively, change the bylaws first.

Mistake 2: Unclear proposal wording

Problem: Owners do not know what they are voting on.

Solution: Make the proposal clear and unambiguous. Attach the documents.

Error 3: Insufficient deadline

Problem: Voting may be contested.

Solution: Keep at least 15 days. Better give more.

Error 4: Missing proof of delivery

Problem: Owner claims he did not receive the proposal.

Solution: Deliver with proof (receipt, signature).

Error 5: Wrong vote count

Problem: You are counting by number of owners instead shares.

Solution: Votes are counted according to co-ownership shares in common parts.

Per rollam vs. assembly

Criterion	Gathering	Per rollam
Discussion	Yes	No
Decision speed	Instant	15+ days
Participation	Presence required	In writing
Suitable for	Complex topics	Simple decisions
Legal certainty	High	Medium

Electronic per rollam

Is it possible to vote by e-mail?

Yes, if:

By-laws allow it
Identification of the owner is ensured
There is a provable record

Online voting systems

Modern software allows:

Sending a proposal by e-mail
Voting via web interface
Automatic counting of votes
Archiving with time stamps

Advantages:

Speed and convenience
Lower risk of errors
Transparent process

Documentation per rollam

What to archive

Draft resolution with supporting documents
List of owners with shares
Proof of delivery to each owner
All ballots
Evaluation of the results
Notification of the result

How long to keep

Retain records for the applicable statutory, accounting and limitation periods; do not treat ten years or three years as a universal period.

Summary: Checklist per rollam

Preparation:

[ ] Verify that the statutes per rollam allow
[ ] Prepare a clear proposal resolution
[ ] Prepare ballots
[ ] Determine deadline (min. 15 days)

Implementation:

[ ] Deliver to all owners provably
[ ] Collect ballots
[ ] Close voting after deadline

Evaluation:

[ ] Count votes according to shares
[ ] Determine if the resolution is accepted
[ ] Announce results within 15 days
[ ] Archive all documents

Voting per rollam is a great tool for situations where owners cannot meet. But only if you execute it correctly - otherwise you risk the invalidity of the resolution and problems with its enforcement.

> Czech-law scope and editorial note: Legal, tax, accounting, tenancy, service-charge, condominium, metrology, insurance and data-protection statements in this article refer to the Czech Republic and the rules effective for the relevant date. Figures and examples are illustrative, not legal or tax advice. Verify current rules with the relevant Czech authority or a qualified adviser.

> SVJ clarification: SVJ formation, registration, quorum, per-rollam decisions, challenges, remuneration, tax treatment and contributions follow current Czech Civil Code and tax rules. "Fond oprav" is common shorthand, not a universal statutory account or Kč/m² rate; examples are planning illustrations.