Major Repair and Innovation Decisions in Common Areas

From time to time, works requiring large expenditure come onto the agenda in apartments and complexes: elevator renewal, thermal insulation (mantolama), roof repair, façade renovation. For such works, questions like "how many approvals are needed" and "must a dissenting owner pay" often generate debate. The Condominium Ownership Law provides different rules depending on the nature of repairs and innovations. In this article we explain these rules.

Repair and innovation are not the same

The law distinguishes works in the common area according to their nature. Mandatory repairs (works necessary to preserve the building) and innovations and additions (works that add value to the current state and improve it) are subject to different rules. In addition, innovations are themselves divided into "useful" and "very costly/luxury". This distinction determines both the required majority and the sharing of expenses.

Major repairs and works (KMK Art. 42)

For major repairs and works necessary for the preservation and soundness of the building, as a rule a decision is taken by a majority of the number of unit owners and of the land shares. For example, general repair of the roof or renewal of installations fall within this scope. Because such works are necessary for the existence of the building, owners not joining the decision are also liable for a share of the expenses.

Useful innovations

For innovations that add value to the current state and improve the quality of life but are not mandatory (for example, improvement of common areas, addition of a useful facility), a certain majority is also required. If these innovations are useful and make use easier, they may be decided by a majority of the number of unit owners and of the land shares, and all owners contribute to the expense.

Very costly and luxury innovations (KMK Art. 43)

Some innovations, however, are very costly or of a luxury nature; that is, they are not necessary for the use of the building but aimed at comfort. In such works the situation differs: an owner who does not want to join cannot be forced to contribute to the expense of that work. In this case, however, the owners who want the innovation cover the expense among themselves and, as a rule, benefit from that innovation is shaped accordingly.

• Mandatory repair: Decision by majority, everyone pays.
• Useful innovation: Decision by majority, everyone pays.
• Luxury/very costly innovation: Those who want it pay; those who do not cannot be forced.

Fairness in expense sharing

The purpose of these distinctions is to ensure fairness. While everyone contributes to the expense of works necessary for the building's survival, the cost of a comfort-oriented luxury innovation cannot be forced on an owner who does not want it. Whenever an expenditure comes onto the agenda, therefore, the nature of the work (mandatory repair, useful innovation, luxury innovation) must first be clearly determined and the decision taken accordingly.

Summary: Works in the common area are subject to different rules according to their nature: major repairs necessary for the preservation of the building and useful innovations are decided by a majority of the number of owners and of the land shares, and everyone contributes to the expense (KMK Art. 42). For very costly/luxury innovations, however, a dissenting owner cannot be forced to contribute (KMK Art. 43). For common area and expense rules, see our blog guides, and keep your building management organised with our digital tools.

Frequently Asked Questions

Is the approval of all owners required for thermal insulation?
It depends on the nature of the work. Works within the scope of preservation and usefulness of the building can be decided by a majority of the number of owners and of the land shares, and all owners contribute to the expense.

Must I pay for an innovation I do not want?
If the work is a mandatory repair or a useful innovation, yes. However, if it is a very costly/luxury innovation, an owner who does not want to join cannot be forced to contribute (KMK Art. 43).

By how many votes is a major repair decision taken?
For major repairs and works necessary for the preservation of the building, as a rule a majority of the number of owners and of the land shares is sufficient (KMK Art. 42).

Related content

In connection with this topic, our articles on how the assembly of unit owners is convened, what powers the manager has and common area 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.