Roof Repair: Sample Urgent Resolution and Cost Request

Who Is Responsible for the Roof?

The roof is a common area by law. Unless the management plan provides otherwise, maintenance and repair costs are shared among the owners in proportion to their land shares.

The idea that "the top-floor resident should pay for the roof" is legally incorrect. An owner living on the ground floor is equally obliged to contribute to roof repair costs.

No Consent Is Required for Essential Repairs

As a rule, repairs and installations in common areas require the written consent of four fifths of the owners. Article 19 of the Condominium Law, however, contains an important exception:

Where a court has established that a defect in common areas or installations is damaging the main structure or units and requires urgent repair, the owners' consent is not required for that repair to be carried out.

This safeguard prevents the building from deteriorating because a majority delays. In practice an assembly resolution is attempted first, with recourse to the court if that fails.

Steps to Follow

• Document the damage with dated photographs
• Submit a written request to the management against signature
• Obtain a survey and cost estimate from an authorised contractor
• Put the matter on the general assembly agenda
• If no resolution follows, apply to the Civil Court of Peace

Copyable Roof Repair Request (Full Text)

……………………… APARTMENT / COMPLEX

TO THE MANAGEMENT / CHAIR OF THE GENERAL ASSEMBLY

Subject: Request for urgent repair of the leak in the roof.

I am the owner of independent unit no. …… in ……………………… Apartment/Complex.

Since …/…/20…, water ingress from the roof has caused the following damage to my unit and to common areas:

– ……………………… (damp and peeling paint on the ceiling)
– ……………………… (mould and damp on the wall)
– ……………………… (plaster falling in the stairwell)

The matter was reported verbally to the management on …/…/20…, but no repair has been carried out. The leak worsens with every rainfall and is damaging the main structure.

The roof is a common area and its maintenance is the responsibility of all owners. Under Article 19 of the Condominium Law, delay is unacceptable where a defect damages the main structure and requires urgent repair.

I therefore request:

1. That a survey and cost estimate be obtained from an authorised contractor,

2. That the matter be placed on the agenda of the next general assembly meeting for a repair decision, convening an extraordinary meeting if necessary,

3. That the cost be allocated in proportion to land shares.

Failing this, I reserve my right to pursue legal remedies for the damage already caused and any further damage.

I submit the above for your consideration. …/…/20…

Full Name: ………………………    Unit No: ……    Signature: ………

ANNEXES: 1) Dated photographs 2) Survey report, if any

Copyable Assembly Resolution Sample

……………………… APARTMENT / COMPLEX

GENERAL ASSEMBLY RESOLUTION

Resolution No: ……    Date: …/…/20…

Agenda item: Carrying out roof repairs and allocating the cost.

RESOLVED: As the ……………………… (defective waterproofing / broken tiles / blocked gutters) identified on the building's roof is found to be damaging the main structure, it is resolved that the roof be repaired by ……………………… at a cost of ………… TRY.

The cost shall be allocated among the owners in proportion to their land shares pursuant to clause …… of the management plan. Late payment compensation under Article 20 of the Condominium Law shall accrue against any owner failing to pay their share, and legal remedies shall be pursued.

It is resolved that the work be completed by …/…/20…, that a warranty certificate be obtained from the contractor on completion, and that all documents be kept in the management file.

The manager is authorised to sign the contract and make the payments.

The resolution was adopted with ……… votes in favour and ……… against.

Chair ……………… Signature    Secretary ……………… Signature

Filling Guide

State clearly how the damage affects the main structure. Wording such as "plaster is falling and reinforcement is exposed" strengthens the case for an essential repair far more than "it is inconvenient".

Attach the survey report to the request. A request with a known cost is decided far more quickly at the meeting.

State that you reserve your legal rights; this wording tends to speed up the management's response.

If No Resolution Is Passed

If the assembly does not decide or the manager fails to act, an owner may apply to the Civil Court of Peace for an order that the repair be carried out. If the court finds the repair essential, the other owners' consent is not required.

Those who obstruct the decision or fail in their duties may be held liable for damage that grows because of the delay. Keeping all correspondence and dates is therefore important.

Common Mistakes

• Blaming the top floor: the roof is a common area and the cost is shared by all.
• Relying on verbal notice: without a provable date, liability for delay cannot be established.
• Requesting without a survey: a request with no costing stalls at the meeting.
• Making do with a temporary fix: waterproofing problems grow and costs multiply.
• Not obtaining a warranty: leaves no recourse against the contractor if leaks recur.

This content and these templates are for information only and are examples. Adapt them to your specific situation.