Owning an apartment in a building involves contributing to common expenses, but what happens when you disagree with how these charges are distributed? Understanding your rights and the processes involved can help you navigate this situation effectively.
Understanding your responsibilities
As a homeowner, you have a responsibility to contribute to the common charges of your building. These charges cover expenses related to shared spaces and facilities. It’s important to know where you stand and what you can do if you feel the allocation of these charges is unfair.
Providing information
You are obliged to provide your contractor with information about any known cables and pipes. Failure to do so, or providing incorrect information, could make you liable for any damages caused during the work.
Contractor’s obligations
Your contractor should gather as much information as possible about nearby pipelines, especially if the work involves excavation. They must also exercise caution during the project, especially in areas where pipelines are expected. If a contractor starts work recklessly with heavy machinery and damages occur, you may have a case to demand compensation.
Understanding the contract
Your contractor might include a clause in the contract stating that the client (you) must indicate the location of cables and pipes, and if they damage unknown lines, the responsibility falls on you. Depending on the wording and scope of this clause, you might be bound by it.
Addressing disputes in general meetings
If you disagree with the allocation of common charges, you can request a change at the general assembly of co-owners. This requires adding your proposal to the agenda, which you can do by asking the syndicate to make the necessary arrangements.
Seeking a majority
Your proposal will need to be adopted by the general assembly, requiring a 4/5th majority. Simply obtaining a simple majority is not enough for such changes.
Resorting to legal action
If the general assembly refuses to adjust the allocation of charges, you can take your case to a justice of the peace. For this step, you’ll need to provide proof that the current allocation is to your personal disadvantage, incorrect, or has become incorrect due to changes in the building.
In conclusion, dealing with disputes over common charges in your building requires a clear understanding of your rights and responsibilities, as well as effective communication with your co-owners and the building management. If needed, legal avenues are available to ensure a fair resolution.
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