Frequent Mistakes and Corrections in Condominium Law

The Law on Condominium (KMK) is the basic law of apartment and site living. However, incorrect interpretations, which are often encountered in practice, can lead to serious disputes and legal problems. In this article, we describe with examples the most common mistakes and truths made regarding the Law on Condominium

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Not every decision is made mostly

Incorrect: “More than half of those who attend the meeting have enough.”

Correct:

Different majorities are sought according to the type of decision:

→ 4 votes in 5 for common area changes (KMK m. 42)

• Election of the director, for the approval of the budget → sheer majority (more than half of the participants in the meeting)

• For renovation, repair decisions → Majority of owners

Case in point: A majority of votes was obtained to cover the roof with a solar panel in the apartment building. However, because the decision was made with 51% instead of 80% approval, an owner sued and the decision was overturned.

Tenants Can't Vote

Incorrect: “Tenants can also vote at the apartment meeting.”

Correct:

Only floor owners can vote. Participation of tenants is possible, but they cannot vote without a power of attorney.

Case in point: The tenant attended the meeting because the owner of the apartment was abroad. Decisions taken were considered invalid because he voted without a power of attorney.

Unable to cut off electricity or water due to debt

False: “Let us cut off the electricity so that there is a penalty for those who do not pay dues.”

Correct:

against the law to cut off basic needs such as electricity, water. The legal method is to initiate enforcement proceedings and, if necessary, go to court

Warning: Such interference may lead the manager to criminal liability.

Manager Can't Spend Arbitrary

False: “If the manager wants, he makes the charge he wants with the dues.”

Correct:

administrator can spend only within the budget approved at the general meeting. Otherwise, the owners may appeal and initiate an audit.

Tip: Digital management tools such as Biyos can be used for transparent tracking of expenses.

Common areas cannot be made available for personal use

False: “The roof is empty, I'll build a warehouse there.”

Correct:

Common areas can only be converted unanimously into the right of private use. Arbitrary use violates the right of other owners.

Case in point: Lawsuit was filed against the floor landlord who drew personal parking space on the garden. The court revoked the right of use.

It is mandatory to keep a decision book

Incorrect: “What is needed in the notebook, we report decisions from WhatsApp.”

Correct:

The decision book must be notarized. Every decision made must be passed here. Otherwise, the decisions may be considered invalid

Reminder: This notebook is a legal document. It is used as evidence in litigation processes.

Ordinary Meetings Should Be Held Every Year

Incorrect: “We couldn't do it last year, but that's okay.”

Correct:

It is mandatory to hold an ordinary meeting at least once a year. In these meetings, the budget, the audit and the election of the director must be decided

Tip: In the absence of a meeting, the owners of the floors can apply to the court and appoint a manager.

Management Time is Limited

False: “He is chosen once, he always rules.”

Correct:

position of manager is for a maximum of one year. He must be re-elected or confirmed each year. The expired administrator is considered unauthorized

Advice: At the beginning of the new term, take a written and notarized general meeting resolution.

Conclusion: Knowledge Prevents Problems

Misunderstanding of the Condominium Code can victimize both the manager and the owners of the condominiums. For this reason;

• To study legal texts,

Consult before making a decision,

• And if possible, it is of great benefit to use a professional software or consulting service.

Remember: Digital apartment management solutions like Biyos give you practical tools to minimize such errors.