Competent Court in Condominium Actions

Disputes in apartments and complexes sometimes have to be brought to court. However, questions such as "which court do I apply to", "do I have to go to a mediator first" and "which actions can I file" leave many people hesitant. Applying to the wrong court can lead to loss of time and rights. In this article we explain the competent court in condominium actions and the types of actions.

Competent court: The civil court of peace

As a rule, the competent court in disputes arising from condominium ownership is the civil court of peace. The KMK provides that actions arising from the application of this law are heard in the civil court of peace. Many actions — dues receivable, common area disputes, objections to manager decisions, cessation of disturbance and others — are filed in this court. The competent court by venue is, as a rule, the court where the immovable is located.

Frequently filed types of actions in condominium ownership

• Common expense (dues) receivable action: To collect unpaid dues.
• Cessation of interference: In case of occupation or unlawful use of a common area.
• Restoration to former condition: For unauthorised façade / common area alterations.
• Judicial intervention: In cases where the management has become unworkable (KMK Art. 33).
• Annulment of a manager's decision / assembly decision: Against unlawful decisions.
• Cessation of disturbance: For neighbourly problems such as noise and odour.

Mandatory mediation before litigation

An important procedural rule: in some disputes arising from condominium ownership, especially those involving monetary receivables and damages, applying to a mediator before filing suit is mandatory (mediation as a condition of the action). An action filed without exhausting the mediation stage may be dismissed for lack of a procedural condition. Before going to court, therefore, it must be checked whether the dispute is subject to mediation.

Management processes before litigation

Most disputes can be resolved at the management stage before going to court. A written application to the manager, discussion of the matter at the assembly of unit owners and a written notice may both resolve the problem and constitute evidence if an action is filed. The court is generally a last resort; before it, dialogue, application to management and (where mandatory) mediation stages are followed.

Points to bear in mind in the process

Applying to the correct court, with the correct type of action and within the time limits, is critically important. Some actions are subject to forfeiture or limitation periods. Gathering evidence in an orderly way (management decisions, notices, payment documents, expert reports) determines the outcome of the action. In complex disputes, therefore, it is advisable to seek expert support.

Summary: In condominium disputes, as a rule the competent court is the civil court of peace, and the competent court by venue is where the immovable is located. Actions such as dues receivable, cessation of interference, restoration to former condition and annulment of decisions can be filed. In monetary actions, mediation before litigation is usually mandatory. For dispute resolution methods, see our blog guides, and keep your building management organised with our digital tools.

Frequently Asked Questions

Which court hears an apartment action?
In disputes arising from condominium ownership, the civil court of peace is generally competent; the court by venue is where the immovable is located.

Do I have to go to a mediator before filing suit?
Mediation before litigation is mandatory in many disputes involving monetary receivables and damages. Actions filed without exhausting this stage may be dismissed.

How do I object to the manager's decision?
An action for annulment of the manager's or assembly's decision may be filed in the civil court of peace against unlawful decisions.

Related content

In connection with this topic, our articles on the manager's legal liability, transition from condominium easement to condominium ownership and major repair and innovation decisions in common areas cover the subject in more detail.

This content is for general information only and does not constitute legal advice. For your specific situation, please consult a lawyer.