Legal Updates

A management company of a building may not grant usage rights of the common property unless specifically approved by the apartments owners

December 21, 2017
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A condominium’s house committee forbade a shop owner to put a sign on the front of the building in an area which is a common property.  The shop owner contended that the building's management company approved the hanging of the sign.

The Court held that a condominium’s house committee (or a management company in this case) has no authorization to set usage rights in the communal property or transfer of possession of parts thereof because such power vests in the apartment owners. In the present case, the shop owner's claims were dismissed because it was not proven that there was consent among the apartments owners, either directly or indirectly, by authorizing the management company to do so.