Mr. Jaroslav owns an apartment in a ten-storey panel. Before a while, she voted to revitalize the house through the wall. The system of repairs should have a balcony. Mr. Jaroslav did not agree with the darkness. He invested a lot of work and pensions in his balcony and adjusted it according to his ideas.
He feared that the balcony of his investment would be lost. When the debtors boarded, he refused to let them onto the balcony. The problem began with the board of communities and construction supervision. “Basically, they threatened me that if I did not agree with the repair and sometime in the future your balcony would fall, I would pay the codes for myself,” says the owner of the apartment.
In the end, a compromise was reached. It was only replaced by an external wall. This even happened, only during the repairs the company damaged the balcony glazing. But I refuse to pay the code. ”How can I own an apartment? pt se ten.
The company is obliged to pay the code
“If during the repairs of the common part of the house there is a damage to the apartments of the unit, ie the balcony, which is attached to the unit, the owner of the unit decides first to replace the code,” says lawyer Pavel Nastis. The code must be applied to the construction company that caused the code.
But the balcony does not have to be a part of the apartment, it belongs to the common area of the house. The surest way to find out is to look at Prohlen building owner. This is a document stored in the real estate cadastre, the vN owner of the building defines the apartment unit and states what is the number of units and what, on the contrary, belongs to the common house. Even in such a case, if the owner of the apartment has glazed the balcony at his own expense, the company is obliged to pay the code.
“If the whole balconies, in particular, betrayed the floor of the units, then the assembly is not at all entitled to decide on the repairs of the balcony,” says the lawyer. Such a decision to assemble would be ineffective and the owner of the apartment would not be obliged to submit to this decision at all, in other words, he would not have to let the construction company on his balcony.
Repairs are then carried out by the owner of the unit according to his own name and his own costs. But you have to realize that ownership is binding. “If the owner of the unit does not take care of the balcony in his possession and the balcony falls, he will have to replace the damaged code, and if he is even injured, he may be penalized,” warns Nastis.
The owner of the apartment must abide by the decision of the guilt
Most often in a situation where the area of the balcony belongs to the apartment unit, but it betrayed them as a piece of perimeter masonry and it belongs to the common space. Repairs to the common part of the house are decided by the assembled owner of the units and the consent of a quarter of the majority of all unit owners is required. The sweat is sweat according to the floor on the common walls of the house, ie according to the size of the apartment and not according to the sweat of the people.
If the collection collects the consent, the registered owner is not left, he is not determined to submit to the war.
So if you are first in a situation where you are considering the right balcony, make sure that the balcony is a set of apartment units or a floor in a common house. Find out if the reconstruction of the balcony in the whole house is not fulfilled. And don’t forget that you can’t even glaz your own balcony without your consent. “The rights, which make me look like a house, can only be carried out by the unit owner with the consent of all unit owners,” points out the lawyer.
- Each owner of the unit’s flats is also a co-owner of a common house.
- Unit owners decide on the collection of unit owners, which is the highest body of unit owners and must take place at least once a year.
- It is authorized to decide only on repairs to the common house.
- The Assembly is able to fall asleep if there are present owners of units that have two votes. The sweat is sweat according to the floor on the common walls of the house, ie according to the size of the apartment and not according to the sweat of the people.
- More than half of the voters present are in need of a resolution.
- When deciding on the modernization, reconstruction, construction rights and repairs of the common parts of the house, which change the internal substructure of the house and the size of the co-ownership floors on the common parts of the house, the consent of a quarter of most owners of the units is required.
- If it is a significant matter, the registered owner of the unit may file a court for him to decide, this right must be exercised in court within six months from the date of the decision, otherwise the first will expire.