III RN 153/01
AI generated
Private balcony attached to exclusive apartment is property part, not HOA maintenance cost.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 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