The Condominium Law No. 634 (KMK) regulates the rules of ownership over independent sections in multi-storey buildings and the rules of shareholding over common places and services.
Management of the main real estate
Administrator (KMK article 34-39)
In apartments with 8 or more independent sections, it is mandatory to appoint a manager. Assignment:
- Decision of the board of flat owners (majority in number and land share)
- By the judge of peace in his absence (KMK article 34/last)
Manager's Duties
- Execution of the decisions made by the board of flat owners
- Taking measures to protect and repair the main real estate
- Collection of dues and keeping expense accounts
- Insurance of the main real estate (compulsory DASK)
Dues and Common Expenses (KMK article 20)
Flat owners participate in common expenses and advances in proportion to their land share. For some expenses (doorman, elevator, heating) the principle of equal share is applied.
Dues Debt Collection
The manager may initiate enforcement proceedings against the flat owner who does not pay the dues. According to KMK Article 22, the flat owner is personally responsible for the common expense debt in proportion to the land share of the main real estate.
The 18th Chamber of the Supreme Court of Appeals and the relevant chambers that subsequently took over the duty emphasize that the dues receivable can be secured by the legal mortgage right and that it is possible to sell the main immovable property by converting it into cash (KMK art. 22/2).
Management Plan (KMK article 28)
The management plan is the "constitution" of the main real estate. It binds all flat owners. A 4/5 majority is required for its amendment. Decisions contrary to the plan may be annulled by the court.
Common Disputes
1. Allocation of Common Areas
Allocation of common areas such as doorman's apartment, shelter, attic, etc. exclusively to a floor owner is possible with the unanimous consent of all floor owners.
2. Roof, Exterior Repair
These expenses are common expenses; All flat owners must contribute in proportion to their land share.
3. Workplace/Residential Quality
In order to change the nature of the independent section specified in the contract (e.g. turning the residence into a workplace), the unanimity of all flat owners is required (KMK article 24).
Supreme Court 18th HD Important Decisions
An annulment lawsuit can be filed against the decisions of the flat owners' board in the civil court of peace within 30 days (KMK article 33). This period is restrictive and runs from the moment the decision is learned.
Jurisdictional and Competent Court
- Officer: Civil Court of Peace (KMK article 33)
- Authority:The court where the real estate is located
Site management and dues disputes require knowledge of technical legislation; lawyer support is recommended.