Relations between neighbours can give rise to serious legal issues and tension, including the need to remove an owner, tenant or occupant from the building. Everyone within a condominium regime has obligations which, if not complied with, may lead to a decision of the General Meeting to remove them from the building. On account of the severity of this measure, the procedure for taking such a decision and the grounds for it are expressly set out in the Condominium Ownership Management Act (ЗУЕС).

The removal decision is time-limited, the maximum period permitted by law being up to 3 years.

Who may be removed from a building under a condominium regime?

By a decision of the General Meeting, the following may be removed from the building:

  • An owner of a floor or of an independent unit, as well as a co-owner in the condominium;
  • A person holding a right in rem of use over a unit under a condominium regime;
  • Occupants – these may be natural or legal persons who are not owners or users but reside on another legal basis, for example tenants, sub-tenants or borrowers for use.
When may the procedure be applied?

The Property Act determines the conditions under which removal may be undertaken, set out in Article 45 of the Act:

  • Use of the premises in a manner that creates a danger to the building, e.g. a risk of fire or significant damage. It is not necessary for these events to have occurred – it is sufficient that there be a real danger;
  • Systematic breach of the internal order established by the general meeting or of good morals. According to case law, „systematic“ refers to breaches of the same type committed at least three times.

Although the conditions are broadly described, not every breach justifies such an extreme measure. The removal decision is applied only where the common interest of the owners is endangered. Ordinary case law does not allow the General Meeting to apply the measure of removal in cases of unpaid obligations for the management and maintenance of the common parts.

Reporting breaches to the State authorities could assist in gathering the evidence needed to substantiate the decision of the General Meeting and to provide a defence in the event of a court dispute. If reports are made by persons other than the building manager, it is advisable that the latter be notified and report the breaches to the General Meeting.

What is the procedure for removal?

A basic requirement is that the offender be warned in writing by the manager of the impending removal. The warning must specify the breach, the time and place of its commission, and a time limit for ceasing it. The offender must be notified that, in the event of non-compliance, removal from the property for a period of up to 3 years will follow.

  • Service of the warning: Failure to serve a written warning is regarded as a serious breach of the procedure. As evidence, it must be served personally or by notarial notice.
  • Convening the General Meeting: If the time limit for the warning expires, the General Meeting may be convened in accordance with the requirements of the ЗУЕС. It is important to comply with all statutory requirements as to the notice and the agenda. Failure to comply with the procedures gives rise to a risk that the General Meeting's decision may be annulled on appeal.

At the meeting, each owner has a right to vote proportionate to the ideal shares held in the common parts. This is significant for achieving the required qualified majority.

  • Qualified majority: The removal decision is adopted by a majority of at least 75% of the ideal shares of the common parts, after excluding those of the owner or user to whom the decision relates. For an occupant, the same requirement of 75% of the common parts applies.

The owner or occupant to whom the decision relates does not vote.

The chairman of the management board (the manager) is obliged, within 7 days, to post a notice of the drawing-up of the minutes in a prominent and easily accessible place at the entrance to the building. A separate record is drawn up for the posting of the notice, signed by the chairman of the management board (the manager) and by one of the owners, users or occupants. The record states the date, time and place of posting the notice. A copy of the minutes of the general meeting held, certified with the endorsement „True to the original“, together with all annexes, is provided to the owners, users or occupants.

How is the removal decision enforced?

The removed owner, user or occupant may voluntarily leave the property within the time limit set by the General Meeting. If no time limit has been specified, they must vacate within 14 days of the announcement of the decision.

In the event of a refusal to leave voluntarily, the manager may file an application for the issuing of an order for enforcement under Article 410(1)(1) of the Civil Procedure Code. The application must be accompanied by a copy of the decision of the General Meeting and a copy of the written warning. Some courts, however, do not accept the procedure under Article 410 as applicable, requiring instead the bringing of a claim under Article 45 of the Property Act.

Once the order under Article 410 of the Civil Procedure Code or the court judgment has entered into force, the manager applies to an enforcement agent, who undertakes the enforced removal from the property.

In the event that you need legal advice or assistance with the removal of an owner, tenant or occupant from a building under a condominium regime, contact us on tel.: 0887550706 or by e-mail: [email protected]