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CONDOMINIUM OWNERSHIP LAWYER IN PLOVDIV

Condominium ownership

Lawyer Miroslav Mirchev is a lawyer in Plovdiv who advises on condominium ownership matters. He advises and represents owners of separate units (residential and non-residential), managers and chairs of management boards, management companies (professional building managers) and investors on matters concerning the general meeting and its resolutions, the management of common areas and claims against owners.

The condominium ownership regime governs the relationships between the owners in a building with more than three separate units that belong to more than one owner: who takes decisions on the common areas, how costs are allocated, and what happens when someone disagrees or does not pay. Most disputes arise from an improperly convened meeting, an irregularly adopted resolution or unpaid contributions, which is why compliance with the procedure is the best protection.

These services are sought by homeowners, condominium management companies, investors and owners of commercial premises in the building. The most common questions concern challenging general meeting resolutions, unpaid fees, convening and holding a general meeting, repairs and common areas, setting up an owners’ association and applying under renovation programmes.

Етажна собственост: общо събрание и управление на сграда

Services in the field of condominium ownership

Condominium ownership

Consultations and disputes in condominium ownership

Owners’ rights and obligations, general meeting resolutions, appeals.

Condominium ownership

Convening and holding a general meeting

Notice, agenda, quorum, voting and minutes.

Condominium ownership

Drawing up minutes of the general meeting

Minutes, attendance list and resolutions adopted.

When you need a condominium ownership lawyer

  • when the general meeting has adopted a resolution that you do not agree with or about which you were not duly notified
  • when you need to convene and hold a general meeting
  • when you cannot attend a general meeting and need to be represented
  • when owners do not pay their management and maintenance contributions
  • when you want to form an owners’ association or elect a management board or manager
  • when you are preparing to apply under a renovation or energy efficiency programme for the building
  • when you are planning repairs, an additional storey or an extension that affect the common areas
  • when you have a dispute with a neighbour or with the manager over the use of the common areas

Frequently Asked Questions

How long before the meeting must the notice be posted?
The notice must be posted in a visible place at the entrance, and as a rule it must be posted at least 7 days before the date of the general meeting or, in urgent cases, no later than 24 hours before.
What quorum is needed for the general meeting to be valid?
The meeting is lawful when owners representing 51% of the ideal parts are present. If there is no quorum, the meeting is postponed by one hour and is held on the previously announced agenda if at least 26% of the ideal parts of the common areas of the condominium are represented. Otherwise, it is held on the next working day, at the same place and at the same time.
How can a general meeting resolution be challenged?
An owner who disagrees or was not present may appeal the resolution before the district court within 30 days. The period is short, so it is important to establish when the resolution became known.
What should we do if a neighbour does not pay their contributions?
The amount of the contributions is determined by the general meeting. Unpaid sums can be recovered through order-for-payment proceedings (Art. 410 of the Code of Civil Procedure) and subsequent enforcement, so the documents must be correctly and duly prepared and the minutes must be kept.
Is it mandatory to have a manager or a management board?
The manager or the management board is the body that represents the condominium. Without such a body, the condominium cannot function as a community. It is therefore mandatory to elect a manager or a management board. It is for the general meeting to decide whether the body will be a sole one (a manager) or a collective one (a management board).
Can an owner be expelled from the building?
Yes, an owner can be expelled from the building by a resolution of the general meeting for a period of up to three years, after being warned in writing by the manager, if they use or allow their premises to be used in a way that exposes the building to the risk of fire or significant damage, and if they systematically breach the rules or the general meeting’s resolutions on the internal order in the building or good morals.
What is an owners’ association and when is it needed?
An association is a legal entity formed by a resolution of the general meeting. It is most often needed when applying under renovation programmes and when the building enters into contracts as a separate entity.
Can I change the common areas without the consent of the other owners?
No. Repairs, additional storeys, extensions and changes to the common areas require a resolution of the general meeting adopted by the relevant majority and, where the law so requires, a building permit.
What documents are needed before I apply under a renovation programme?
The conditions depend on the specific programme and change over time, so the current rules should be checked before applying. At a minimum, an association that has been formed, a resolution adopted at a meeting, an energy efficiency audit and contracts with a contractor are usually required.