گروه وکلای آسیاگروه وکلای آسیا

Apartment lawsuits

Apartment lawsuits

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Apartment lawsuits

In an apartment complex, if each of the owners of the private parts refuses to perform their duties in relation to the common parts. The manager or managers, in accordance with the rules and regulations, on behalf of the owners, will have the right to sue the apartment in court against the unit that has violated. As a result, when selecting a manager or board of directors, the minutes should be prepared and all voters should sign it so that, when necessary, they can be presented as proof of the position of managers in legal claims related to apartment living as well as offices.

In apartment lawsuits, whenever the owners refuse to pay their share of the common costs, the manager or the board of directors will demand a statement that sets out the amount of the debt and its details, if the user or the owner does not pay his debt within ten days from the date of notification, the director or board of directors have the right to provide common services such as heating, air conditioning, hot water, electricity at its discretion and according to the facilities. If the owner or user still refuses to settle, the registry office will issue an executive order at the request of the manager or managers to receive the money, according to the notified declaration.

Pet care

Keeping pets that will often cause problems for apartment dwellers keeping any animals such as parrots and dogs inside the apartment will cause health or noise pollution or frighten the occupants, especially when someone is in the apartment. The dog keeps, in this case, any resident or manager can file a criminal complaint to force the annoying owner to obey the law and observe the safety and tranquility of neighbors to get the annoying animals out of the building.

Separate sale of storage and parking

Although the warehouse or parking lot is not a common part according to the law of apartment ownership and its criminal regulations, but because it is one of the accessories of the apartment, it cannot have an independent owner. Because the corrupt consequence of the transaction would be that a foreigner without owning the apartment or the right to use the common parts of a residential complex could leave his car in the parking lot or take possession of a warehouse and possibly use it in the wrong way or necessarily. Benefit from the common parts of the building while the right to use the common parts is known only to the owners or occupiers of the apartments.

Therefore, it should be said that this is not practical and requires harassment of the owners and occupants of other apartments and violation of their rights. As a result, the owner of the apartment cannot sell his apartment to another person in matter on hand, and if the buyer of the apartment is also satisfied that he trades the apartment without parking or storage, the owner still cannot sell them other than the owners of the apartments in that complex. The sale is not legal unless the deed is ordinary, and if it is formal, the owner or owners of the other apartments, as the beneficiary, can ask the court to annul the transaction.

In other words, warehousing or parking related to an apartment of a complex is not allowed except for the apartment owners of that complex.

If you have any questions about apartment litigation and related rulings, or if you need guidance in preparing and enforcing its provisions, our experienced counselors and lawyers at the Asian Bar Association will answer your questions.

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