Legislator Case Law & Legislation
III RN 153/01 AI generated

Private balcony attached to exclusive apartment is property part, not HOA maintenance cost.

Case Number III RN 153/01
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal against a municipal order requiring the homeowners' association to reconstruct private balconies. The plaintiffs argued that reconstruction costs should be shared by the HOA, while the city maintained the obligation lay with the owners. The court ruled that balconies serving exclusive use are integral parts of individual apartments, not common property, making maintenance costs the sole responsibility of the respective owners.

Legislator headnote

AI generated

Art. 3 ust. 2 ustawy o własności lokali; Art. 47 § 2 Kodeksu cywilnego: Balconies serving exclusive use are integral parts of individual apartments, not common property, and their maintenance costs are borne by the respective owners.

Keywords

AI generated
exclusive use apartment property homeowners association maintenance costs common property civil code reconstruction obligation

Cited Legislation

AI generated
Art. 3 ust. 2 of the Act of June 24, 1994 on Ownership of Apartments
Art. 47 § 2 of the Civil Code
Art. 13 ust. 1 of the Act on Ownership of Apartments
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 § 13 of the Code of Civil Procedure

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