KMK article 28: The site/apartment management plan is the "constitution of the real estate". 4/5 majority is required for change.
Amendment Issues
- Due calculation method
- Common area use
- Management body structure
- Change of independent section nature
- In-site rules (pool, parking lot)
Process
- To the flat owners board offer
- Meeting and voting
- 4/5 majority must be ensured (number and land share)
- Registration in the land registry
- Notification to the relevant parties
Objection to the decision
An annulment lawsuit can be filed against the decision in the civil court of peace within 30 days.
Supreme Court 18. HD
18. HD accepts that in case of a change in the management plan, all shareholders must be informed and given the opportunity to attend the meeting, otherwise the decision may be cancelled.
Real estate law lawyer is recommended.