Buying your dream apartment is a moment filled with hope, but the euphoria often fades when the first problems arise. Sometimes, these problems don't concern the apartment itself, but rather the common areas of the building—a leaky roof, cracked facade, or faulty ventilation. In such a situation, the question arises: who is responsible, and how can I get the money to fix it?
Developer – the main culprit
The primary point of contact is the developer, or seller of the property. They are responsible for any defects under the warranty for physical defects. This warranty is a statutory obligation, meaning the developer must remedy any defects regardless of whether they are the result of their own fault or the negligence of their subcontractors. This is a significant relief for buyers.
5-Year Coverage – This is a key term to know. The warranty period for property defects is 5 years from the date of purchase. This is plenty of time to detect hidden defects that only become apparent after some time.
The community has a voice – For years, there was a dispute over who had the right to pursue claims for defects in common areas. Ultimately, the Supreme Court ruled in favor of the housing community. As a legal entity, the community has the right to file a claim with the developer on behalf of all residents.
What claims are available to apartment owners and the housing community?
A housing cooperative has several options. The most common are:
Defect Removal Request – This is the basic and most commonly used solution. The community requests the developer to repair the defect within a specified timeframe.
Price Reduction – If the defect is so serious that the developer is unable to remedy it, the community may demand a reduction in the purchase price. In practice, this is more complicated and often leads to litigation.
Compensation – In the event that defects have already caused damage – for example, flooding of apartments due to a leaking roof – the community may claim compensation under general principles, based on the provisions on failure to perform an obligation.
What to do when the community doesn't want to act?
Unfortunately, it often happens that the community board or a majority of residents are unwilling or unable to make the decision to pursue claims. What if a single unit owner suffers from a common defect, for example, a leaky roof that floods their apartment? In such a situation, although the Supreme Court has designated the community as the entity entitled to pursue claims, the individual owner is not without protection.
The owner has the right to file a claim against the developer for damages to their property due to a defect in a common area. This claim will not only concern the roof repair, but also compensation for damage to their apartment caused by flooding (e.g., damaged ceilings, paneling, and furniture).
Additionally, the owner may exercise the right arising from Article 209 of the Civil Code. This provides that each co-owner may perform any actions and pursue any claims aimed at preserving the common right. Therefore, if the community is ineffective and a defect in the common property threatens its integrity (e.g., threatens collapse), the owner may independently file a claim for removal of the defect.
What does the claims process look like?
This process must be organized and well-thought-out, and every step must comply with the law.
Documentation – The first step is to thoroughly document all defects. Describe them, take photos, and, if possible, estimate the initial cost of repair. The more evidence, the better.
Community Resolution – If you're operating through a community, you must submit a motion requesting a resolution. Before the board can take any legal action, it must obtain the consent of a majority of the owners. According to the Residential Ownership Act, actions beyond the scope of ordinary management (including filing a lawsuit) require a resolution from the housing community.
Developer Notice – At this stage, the community board sends a formal notice to the developer, outlining the defects and requesting their removal. This is best done by registered mail with acknowledgment of receipt.
Lawsuit – If the developer fails to respond or refuses to make repairs, the community may take the matter to court. At this stage, the assistance of an experienced lawyer is essential to prepare the lawsuit and represent the community.
Pursuing claims for defects in shared property is a process that requires patience and cooperation. However, with a solid legal foundation and action, you can effectively enforce your rights and obtain funds to repair the defects, allowing you to enjoy a fully functional property. And even if the community fails, individual owners are not without avenues for seeking compensation.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of October 7, 2025.
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