Association and Common Property - The Building That Belongs to Everyone and No One Beyond Your Front Door
The flat is yours; the stairwell, roof, lift, yard and land are the co-property of all owners, and it is over that "everyone's" property that every apartment-building dispute arises: the top-floor neighbour builds on the roof, the ground floor "fortifies" the yard as a terrace, someone locks the basement, the developer keeps the land in its own name and sells the parking, and half the building refuses to pay for the lift repair. The association is the tool that resolves these disputes, if it exists and works.
This page describes the legal mechanics of the association and common property: what belongs to everyone and what individually, how an unlawful extension or takeover is stopped, how an association is founded and governs and how its decisions are challenged, how common charges are recovered from a non-payer, and how the owners of a new building take back management and the land from the developer.
Updated · Practice area: Real estate lawyer
Common Property in an Apartment Building - What Belongs to Everyone and Who May Use It
Co-ownership in ideal shares in proportion to flat area: nobody has "their own corner" of the roof or the yard, and any individual use requires a decision of the owners.
An Unlawful Extension or Takeover - From Stopping It to Demolition
Checking status and permits
What the registry says about the roof, attic or basement: common, or registered to someone; whether a building permit and the owners' consent exist. Often the "permit" is a few neighbours' signatures rather than an association decision, or a municipal permit without the co-owners' consent; both can be challenged.
The supervision service
A complaint about unpermitted construction to the municipal supervision service: inspection, a fine, suspension of works, a demolition order. This route is faster than court and often sufficient; the lawyer supports the complaint with photos, a registry extract and the association's position.
Challenging the permit
If the municipality issued a permit without the co-owners' consent: an administrative complaint and a claim within a short period of learning of the permit. An individual owner has this right as well, even without the association.
A civil claim
Demolition of the unauthorised construction, recovery of common property, a fee for unjustified use, damages (leaks from the extension, roof damage). The claimant is the association or any owner; the lawyer often brings both together.
Negotiating legalisation
Often the rational outcome is legalising the extension with compensation to the association (a sum into common funds, roof repair, lift renewal) and a safety expert report. The lawyer documents this with a qualified owners' decision and reflection in the registry.
Enforcement
A demolition judgment enforced through the bureau at the debtor's expense; supervision fines on top. The lawyer follows enforcement through; an extension "still standing despite the judgment" is the typical picture without it.
A New Building "Managed" by the Developer - Land, Parking, Common Charges and Taking Back Management
The typical picture in newly built blocks: the flats are sold, but the land stays in the developer's name, the parking and commercial premises are sold separately, the "management company" is the developer's own and sets the common charges itself, and another floor appears on the roof. The owners have the right to change all of this: by buying flats they become co-owners of the common property, and that does not depend on the developer's goodwill.
The first step is founding the association: an owners' meeting, a charter, a chair, registration. A founded association takes over management, requests the common property documents (the project, utility diagrams, warranties) and the accounts from the developer, and concludes a management contract on market terms or terminates it. Re-registration of the land and common areas in the registry to the association or the owners: by demand and, on refusal, by lawsuit; the land the building stands on becomes common with the purchase of the flats.
Parking and the "extra" floor are harder questions: if the developer registered the parking as separate units in line with the project, that is lawful; if it sold the common yard as "parking" or built above the project, it can be challenged. The lawyer compares the project, the permit and the registry, and represents a group of owners with a single position; an individual owner's voice is rarely enough for a developer.
Meeting, Decision, Charges - The Rules Association Disputes Are Born From
- Founding and charter
- The association is founded by an owners' meeting and adopts a charter; registration gives it status. The charter sets the rules for use of common property, charges and decisions, but cannot override the law.
- Quorum and majority
- An ordinary decision by majority of votes by share; a material change to common property (extension, disposal, change of use) by qualified majority or unanimity. Breach of quorum or procedure is a ground for voiding the decision.
- Challenging a decision
- An owner left in the minority may challenge a meeting decision in court within a short period, for breach of procedure, conflict with the law or a disproportionate restriction of their rights. The period runs from the meeting or from notice of the minutes.
- Common charges
- Maintenance, repair, utility and management costs in proportion to share, regardless of use. A budget and contribution approved by the meeting bind every owner; recovery from a non-payer through court, including by payment order.
- Charges on sale of a flat
- Association arrears are the flat owner's debt, but in practice they "follow" the new owner; a certificate from the association and a seller liability clause in the sale contract are essential.
- The chair's liability
- The chair is accountable to the association; misuse of funds, contracts without a meeting, failure to report: grounds for replacement and a damages claim.
What an Association or Owner Needs for a Dispute
- Registry extracts for the building, the land and the disputed item (roof, basement, parking): common, or registered to someone.
- The building's project and commissioning documents: what was planned and what was built on top.
- The association's charter, meeting minutes, voting sheets: to prove a decision or its invalidity.
- Dated photos and video of the unlawful construction or takeover, from the moment works began.
- For a developer-managed building: the sale contracts (what the price included: parking, yard), the management contract, the expense accounts.
- For recovering charges: the approved budget, the calculation of contributions by share, the payment history and warnings to the non-payer.
Three Association Cases
An extension on the "signatures" of 9 neighbours
The top-floor owner built a floor on the roof with 9 neighbours' signatures in a 40-flat building, without a permit. Lawyer for the association: a complaint to supervision (suspension, fine), a demolition claim, negotiation in parallel. Result: legalisation by qualified decision, full roof repair and lift renewal at the builder's expense, compensation into the association's fund.
A developer who sold the yard as parking
In a new building the yard stayed registered to the developer and "parking spaces" were sold separately. Lawyer for a group of owners: founding the association, comparing the project and the registry (the yard was common space in the project), a demand for transfer of the land and a claim. The court recognised the land as common property; the parking "sales" were void.
A lift repair that 15 flats would not pay for
The meeting approved a lift renewal; 15 owners (including the ground floor) refused to pay. Lawyer: contributions calculated by share, a written warning, payment order applications against 15 debtors. 12 paid on service of the order, 3 through enforcement. The lift was renewed.
Questions About Associations and Common Property
I live on the ground floor and never use the lift. Why should I pay for its repair?
Because the lift is common property and the cost is shared in proportion to share, regardless of use, just as the ninth floor does not pay for the roof alone. The charter may set cost allocation by use if the meeting so decides; without that, the statutory rule applies.
We have no association and cannot found one; people do not turn up. Then who protects the common property?
Any owner individually has the right to protect common property: a complaint to supervision, a challenge to a permit, a claim to stop self-help, even without an association. But recovering charges and disposing of common property is impossible without one. The quorum for founding can be reached at a meeting or by written ballot; the lawyer structures the procedure so that "people not turning up" is not an obstacle.
The meeting decided to paint the facade at 3,000 lari per flat. I disagree. What do I do?
A lawful meeting decision binds the minority too; "I disagree" does not release you from paying. A challenge within the short period only on grounds: no quorum, breach of procedure, a clearly disproportionate cost or one unrelated to common property. The lawyer checks the minutes and the procedure; an unfounded challenge costs both money and time.
I have used the basement for 20 years and now the association wants it back. Is it not mine?
Actual use of common property creates no ownership: the basement remains common unless the registry or the project assigns it to your flat. The association may reclaim it or set a fee for individual use. If you "bought" the basement with the flat 20 years ago and have a document, that is a different matter, resolved through the recognition procedure.
The developer says the land is his and rents it to us. Is that lawful?
The land an apartment building stands on becomes the owners' common property with the sale of the flats; the developer cannot "rent" it to the owners, and its name in the registry is a ground for demanding re-registration, not ownership. The lawyer files the demand and the claim in the name of a group of owners; this is a typical and winnable category.
Lawyers for Association and Common Property Disputes
An association case is won by comparing the registry, the project and the meeting minutes, and by a single owners' position that is far stronger than an individual voice. Within 15 minutes the coordinator connects you with a lawyer who handles associations, extensions and disputes with developers.
No published lawyers in this category yet
That does not mean we cannot help. Call us - we will match you with a specialist for a remote consultation or from a nearby city.
Call: 568 330 318A Neighbour Building on the Roof, a Developer Selling the Yard, or an Association That Cannot Collect Charges?
In a free consultation the lawyer tells you what is common in your building by the registry and the project, which route (supervision, challenging the permit, a claim, a meeting) gets a result, and how to found or strengthen the association so the dispute is settled once and for all. The coordinator will be in touch within 15 minutes.