Obligation to renovate a condominium

In a condominium complex, even a single owner can require that maintenance work be carried out at the joint expense of all co-owners.

A woman purchased a basement apartment to live in herself. However, the apartment was uninhabitable due to water damage. The cause was construction defects affecting the common property in the basement. She requested the owners’ association’s approval for the renovation and the apportionment of costs in accordance with the co-ownership shares. The other owners did not agree, leading to a dispute that ended up before the Federal Court of Justice.

Court Confirms Cost Sharing

The judges of the highest civil court upheld the plaintiff’s claim to carry out the renovation. There was also a risk that the moisture damage would spread to the rest of the basement area. The defects also affected the foundations in the common property area and thus structural parts of the building. These serve the use of all apartment owners, even if the renovation primarily benefits the basement apartment.

Outlook: The judges noted that the renovation of a roof also primarily benefits the owner of the attic apartment, but no one would think of not apportioning these costs among all residents of the building.