The owner of the pendant has a duty to cover the expenses for the administration of the residential house in accordance with the procedures laid down in Section 13 of Law, as well as to settle for the services received, which are related to the use of the apartment property (e.g. heating, cold water, sewerage, disposal of municipal waste).
The residential house maintenance and management fee is determined annually in accordance with Cabinet of Ministers Regulation No 408 of 11 July 2017 Regulations Regarding the Calculation of the Payment for the Administration and Management of a Residential House (Regulation No 408).
Payments for the management of a residential house shall be calculated in accordance with the formula indicated in Paragraph 8 of Regulation No 408. The administrator of the residential house shall inform apartment owners regarding the calculated management payments for the following calendar year in accordance with the procedures specified in Paragraph 10 of Regulation No 408.
Paragraph 14 of Regulation No 408 provides that, not later than within six weeks after receipt of the notification referred to in Paragraph 10 of this Regulation, apartment owners in the general meeting of apartment owners (General meeting) shall take a decision regarding approval or rejection of the plan for maintenance work of the residential house prepared by the administrator and calculated management payments.
In accordance with Paragraph 18 of Regulation No 408, if apartment owners have not convened a General meeting within the time period referred to in Paragraph 14 of this Regulation or it has not been a decision-making right, the fee calculated by the residential house manager for the following calendar year shall come into force from 1 January or with another time period specified by the administrator, however, if apartment owners in the General meeting reject the fee for the management and management of the residential house proposed by the administrator, the issue regarding determination of the relevant fee for ensuring all the services specified in this Regulation or regarding the taking over of the right to manage the residential house in accordance with Paragraph 15 of Regulation No 408 shall be decided at the same time.
In case the co-operation of apartment owners does not utilise the rights laid down in Section 16 of Law on Residential Properties to decide on the determination and payment procedures for the costs of the management of a residential house, the management and management fee prepared by the administrator of the residential house shall come into force. However, if the co-operation of apartment owners has decided on the determination and payment procedures for the costs of managing the residential house, but the apartment owner considers the decision taken to be illegal, in accordance with Section 16, Paragraph four of Law on Residential Properties, the apartment owner has the right to submit an application to the court within three months from the day when the relevant person became aware or should have become aware of the co-operation decision of apartment owners, but not later than one year from the day of taking the decision.