Judicial review of the resolutions of the assembly of the association of unit owners

The Supreme Court in its decision of 15.03.2017, No. 26 Cdo 4567/2016, deals with the question of the review of decisions of the assembly of an association of unit owners pursuant to § 1209 Civil Code.

According to the Civil Code, a decision of the shareholders' meeting may be reviewed by the court if there is "an important reason for it". The Supreme Court has interpreted this as a situation in which the legal position of unit owners or the nature of the object of their ownership is touched.

It is also noteworthy that the Court stated in the abovementioned decision that the question of increasing the contributions to the maintenance and repairs of the House is not sufficiently important to be reviewed by a court, unless the increase would be extreme.