LAW FIRM “IVANOVA LLP“

A corridor, landing, basement, or other common area may gradually come to be used exclusively by one owner. However, prolonged de facto use does not in itself determine the legal status of the space. In the event of a dispute, the first step is to establish whether the area is in fact a common part of the building and on what legal basis it is being used.

Not every resolution of the general meeting with which an owner disagrees can be set aside. What matters is whether the rules governing the convening of the meeting, the agenda, quorum, and the required majority have been complied with. Where there are grounds to suspect a breach, action should be taken promptly, as the Condominium Management Act provides a short time limit for seeking judicial protection.

Where a leak originates from the roof, facade, or another common part, the repair is generally a matter for the condominium as a whole. It is important first to establish the source of the damage, as this determines both the procedure for carrying out the repair and how the costs should be allocated.