Who should bear the costs in the event of a roof leak?
It is the responsibility of all condominium owners to pay for repair costs arising from broken roof tiles and roof leaks affecting a tenant residing in the attic. Under Article 4, clause (c) of the Condominium Law, the roof is considered a common area.
IV - Common areas:
Article 4 – The subject matter of common areas may be specified by contract. The places and items listed below are considered common areas in any case in accordance with this Law.
a) Foundations and main walls; beams, columns, and shear walls forming the structural system and other elements that are part of the structural system; common walls separating independent units, ceilings and floors, courtyards, general entrance doors, entryways, stairs, elevators, landings, corridors and the general toilets and sinks located therein, janitor apartments or rooms, general laundry and clothes drying areas, general coal cellars and common garages, housings and enclosed parts located outside the independent units designated for the protection of electricity, water and gas meters, boiler rooms, wells and cisterns, general water tanks of the building, shelters,(1)
b) Sewage systems and garbage chutes outside each condominium owner's own unit, as well as heating, water, gas, and electrical installations; common networks and antennas for telephone, radio, and television; hot and cold air installations,
c) Roofs, chimneys, general roof terraces, rain gutters, fire escapes.
Other places and things not listed above but necessary for common use, protection, or benefit also fall under the category of "Common Areas." As regulated in the Condominium Law, all condominium owners are responsible for the expenses related to common areas.
According to the established jurisprudence of the Court of Cassation, all condominium owners are required to bear the mandatory repair expenses for roofs and terraces that affect the main structure. Requests by condominium owners to avoid covering mandatory repair expenses are considered invalid.
Tenants are also obliged to participate in maintenance, repair, and regulation works for the roof or terrace, just as they are for all other common areas of the apartment building. However, after the tenant pays the amount for which they are responsible regarding the roof to the building management via bank channels, they have the right to deduct this amount from the rent paid to the landlord. Since the cost of roof repair is covered by the landlord’s rental income, the responsibility for payment lies with the tenant, but the burden of the expense belongs to the landlord. In accordance with the Condominium Law and the established jurisprudence of the Court of Cassation, the financial liability in this matter is limited to the tenant's rental amount.
In accordance with the Condominium Law, it is stipulated that significant management decisions, such as leasing the exterior walls, roof, or terrace of the main structure for advertising purposes, can only be made upon the unanimous decision of all condominium owners.
Another important point is that the opening of a beauty salon in the apartment also requires
a unanimous decision from the board of condominium owners. The General Assembly of Civil Chambers of the Court of Cassation has made the use of an apartment unit as a workplace conditional upon the unanimous decision of the board of condominium owners.