Exchange of lifts in the house with units

In its decision from 27.06.2017, no. 26 Cdo 2657/2016, the Supreme Court dealt with the question whether the exchange of lifts in the house with owner-occupied apartments (units) is an important matter enough to be a subject to judicial review according to § 1209 para. 1 Civil Code.

The court's meaning is that the decision of the owners' meeting regarding the exchange of the lifts may be reviewed by courts. The situation is similar to the exchange of windows, which, according to the common jurisprudence, is subject to judicial review. Not only the decision on the exchange itself but also the decision by which the corresponding work contract was approved can be reviewed.