A disgruntled neighbor created a real legal saga after the condominium decided to urgently repair a freight elevator and roof in the building where he lives. The man did not agree with the decision made by the neighbors and decided to attack him in court.
The case went through two court instances, with the final decision of the Plovdiv District Court.
The saga began in the month of April 2022, when after a meeting of the block, people decided that urgent repairs should be made to the freight elevator and the roof of the condominium. The decision was adopted by a majority of almost 34% of the owners in the building. It was reflected in the minutes that the owners of 35.610% of the common parts of the condominium were present at the meeting, and the owners of 33.965% of the common parts of the condominium voted to accept the mentioned decisions.
The dissatisfied neighbor filed a lawsuit in the District Court – Plovdiv, because the decisions were not made with the required majority of more than 50 percent of the presented ideal parts of the common parts of the condominium. At the end of May 2023, the magistrates found that the man’s claims were well-founded and decided the case in his favor.
The condominium, for its part, decided to attack the court’s decision before a higher instance and the residents filed a collective complaint before the District Court – Plovdiv.
After thoroughly reviewing the case, the appellate magistrates noted that the said decisions were adopted by a majority of the owners present at the meeting, and nowhere in the complaint of the disgruntled neighbor are claims of a missing quorum mentioned.
Owners of 35.610% of common parts of the common parts of the condominium were present at the general meeting, and the owners of 33.965% of common parts voted to accept the mentioned decisions, i.e. more than 50 percent, which complies with the requirement of the law.
In view of this, a few days ago the District Court overturned the decision taken at first instance and ruled that the complaint of the condominium against the disgruntled neighbor was well-founded. The magistrates decided the case in favor of the collective, having sentenced the disgruntled neighbor to pay the costs of the proceedings in the amount of BGN 1,640.
2023-12-24 19:30:00
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