Obligations of Apartment Owners Regarding Co-owned Property
Pursuant to § 35 of the Apartment Ownership and Apartment Associations Act (KrtS), every apartment owner is legally obligated to bear the costs associated with the management of the co-owned property. This obligation is an inherent part of property ownership in Estonia.
Allocation of Costs
Unless otherwise stipulated in the statutes of the apartment association or by an agreement between the owners, costs are distributed proportionally to the size of the apartment owner's share in the co-owned property (KrtS § 35 (1)). This ensures that owners of larger units contribute more to the maintenance of the building.
Key costs that an owner must cover include:
- Management Costs: Maintenance of technical systems, cleaning services, administration fees, and building insurance.
- Repair Fund: Contributions towards long-term renovations and emergency repairs.
- Utility Services: Costs for water, sewage, and heating, which are often managed collectively through the association.
Enforcement of Payment Obligations
An apartment owner is required to pay management costs based on monthly invoices. It is a common misconception that an owner can refuse payment if they do not use a specific service or are absent from the property. The obligation to pay arises from the ownership of the apartment, not from the actual consumption of services.
Failure to meet these financial obligations allows the apartment association to claim the debt along with interest. In cases of persistent non-payment, the association may even initiate proceedings for the compulsory sale of the apartment (KrtS § 32).
Seeking Professional Advice
Navigating disputes with an apartment association requires a clear understanding of the law. If you are facing issues regarding unfair cost distribution or debt collection, professional legal guidance is essential. Our team is here to provide clarity and support. Consult our advanced Legal Aid 24 AI assistant today for a personalized analysis of your situation and take the first step toward resolving your property dispute!