Problems with Apartment Common Uses and Common Expenses
Questions that are often problematic and frequently asked about common areas in apartment buildings;
- I never use the elevator. Do I have to pay for elevator maintenance?
- I live on the ground floor. Water is leaking from the roof and should I pay for the insulation to be done for
it?
- Water is leaking from the right block of an apartment building with two apartments on each floor. Only those who sit on the right should pay that, right?
- I have a shop under the building and it's covered in glass on both sides. The building is getting exterior cladding. At what rate should I participate in this expense. My shop does not have a facade to be sheathed.
We can multiply questions such as etc.
What Expenses Do We Have to Involve?
What Expenses Do We Not Have to Involve?
The
Apartment Management regulation defines some innovations and additions to some of the main buildings as luxury, and it is clearly stated that not everyone is obliged to participate in this expense. But it is also necessary to determine the distinction very well. A novelty made for you was actually a necessity, but it may seem luxurious to you, and this does not fall within the scope of expensive luxury spending. As an example, it was decided to build a gym under the building. This falls under the scope of very expensive and luxurious expenses, and not everyone has to participate. Those who participate in this expense benefit in the gym, and those who do not participate do not benefit. Those who do not participate can then pay and benefit at the rate that falls on their share.
Expensive and luxurious ones: Article 43 — If the desired innovation and additions are too costly or have a luxurious character according to the specific situation of the building, or if they are not located in the places or passages where the main property is necessarily required to be used by all the floor owners, the floor owner who does not wish to take advantage of them does not have to take part in the expense. The cost of such innovations and additions is paid by the owners of the floors, who have decided to make them.
However, if the floor owner or his minor or minor successors who initially participate in the expenses, subsequently participate in the expenses for the construction and maintenance of innovations and additions, at the rate of their own land share, they are entitled to benefit from the luxury novelty or addition made.
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