Condominium Ownership Law No. 634 is a special ownership regime that governs ownership of independent sections of a building (apartments, offices) and the use of the building's common areas (stairs, elevator, roof, garden).
What Is a Management Plan?
The management plan is a document, binding on all unit owners, that governs the management style of the building subject to condominium ownership, the manner of use of common areas, the duties and powers of the manager, and the rights and debts of the unit owners. On matters concerning the management of the main property not regulated by the Condominium Ownership Law, the management plan is treated as having the nature of a "constitution," and is binding on all unit owners and their successors.
Participation in Shared Expenses
Unless otherwise agreed, unit owners are obliged to participate in the maintenance, repair, and management expenses of common areas, as a rule, in proportion to their land shares (Condominium Ownership Law Art. 20). If the management plan has agreed on a different sharing ratio (for example, equal sharing according to the number of independent sections), that ratio applies.
The Board of Unit Owners and Decision-Making
Management of the main property is carried out through decisions taken by the board of unit owners. Decisions are, as a rule, taken by a majority in terms of both number and land share; for certain important decisions (such as amending the management plan), the law requires a higher quorum (for example, the votes of four-fifths of all unit owners).
Sanctions Against a Unit Owner Who Fails to Pay Shared Expenses
Against a unit owner who fails to pay their shared-expense debt, the manager or any of the other unit owners may initiate enforcement proceedings; a monthly 5% late-payment compensation may be claimed for each month of delay (Condominium Ownership Law Art. 20). In addition, a statutory mortgage right may arise over the independent section for unpaid shared-expense receivables.
Conclusion
The orderly functioning of communal living in condominium ownership depends on compliance with the management plan and the decision-making procedures set out in the law. Shared-expense disputes should be resolved based on the current management plan's provisions.
You can prepare your enforcement/lawsuit petition for your shared-expense receivable using Lawyer Services' Create Petition tool.