The rights of apartment owners shall be determined by the apartment property Law and the residential housing Management Law.
In accordance with Section 10, Clause 1 of the apartment property Law, the apartment owner has a duty to participate in the management of the residential house, to cover the expenses for the management of the residential house in accordance with the procedures laid down in Section 13 of this Law, as well as to comply with the decisions taken by the Community of apartment owners.
Section 15, Paragraph one of the apartment property Law provides that the co-operation of apartment owners is an administrative institution in a residential house divided into apartment properties. . In accordance with Section 16, paragraphs one and three of the apartment property Law, the joint ownership of apartments is entitled to decide any matter which relates to the joint ownership of the joint property U.. The co-operation of apartment owners, upon entering into a relevant contract, may authorise another person to decide an issue within the competence of the co-operation, except for the issues referred to in Paragraph two of this Section.
In accordance with Section 18, Paragraph two of the Law on apartment property, co-ownership of apartment owners may take decisions regarding matters within the competence thereof in the following way:
- general meeting of apartment owners (Section 19)
- without convening a general meeting of apartment owners in the form of a survey (Article 20)
- otherwise by mutual agreement (Article 21).
A co-operation decision of apartment owners shall be binding on any apartment owner, if apartment owners representing more than half of apartment properties existing in the residential house have voted “for”, except those cases in which Section 17 of this Law provides for another number of votes necessary for taking a decision or a larger number of necessary votes has been determined by the co-operation of apartment owners itself.
If the decision taken at the general meeting of apartment owners is not lawful in the opinion of the consumer, he or she shall be entitled to apply to the court. In accordance with Section 16, Paragraph four of the apartment property Law, a court may, on the basis of an application of an apartment owner, declare a joint decision of apartment owners invalid, if the decision or the procedure for taking thereof is in contradiction with the provisions of this Law. . An action may be brought within three months from the day when the relevant person became aware or should have become aware of the decision of the association of apartment owners, but not later than one year from the day of taking of the decision.