Installation of Heat Share Meter System
SUMMARY: In order to install a heat share meter system, a decision must be taken with the majority of the number and land share.
20th Civil Chamber of the Court of Cassation
E.2017/2693 K.2018/2026 T.20.03.2018
With the petition dated 04/06/2015, the plaintiff's attorney stated that he requested the installation of heat share meter devices in the heating radiators at the general assembly meeting held on 06/11/2013 in accordance with Article 7 of Law No. 5627, this request was unanimously accepted by the general assembly, but the devices that should have been installed in 2014 were not installed by the apartment management despite the decision, and that signatures were collected from the door for the cancellation of the previous decision without any board decision, and requested the acceptance of the lawsuit by stating that the judge should intervene in terms of the decision that was not implemented.
The court accepts the lawsuit and ... province, ... ..... Mah. ... ... ... .address ... ....It was decided to install a heat share meter system in the complex, and to give the complex management a 2-month period and authorization for the installation of the system as of the finalization of the decision, and the judgment was appealed by the defendant.
The dispute in the case involves the request for judge intervention pursuant to Article 33 of the Condominium Law for the purpose of transition to the heat share meter system with reference to Law No. 5627.
In Article 2 of the general assembly decision dated 6/11/2013, a decision was taken on the realization of the necessary infrastructure works for the installation of a heat share meter, and it is understood that this decision is not for the installation of a heat share meter, but for research. In this case, since there is no decision taken by the board of condominium owners with the majority of the land and number to install the heat share meter system, the court should decide to dismiss the lawsuit, but it was not deemed correct to decide to install the heat share meter system by replacing the will of the condominium owners.
CONCLUSION
For the reasons explained above; it was unanimously decided on 20/03/2018 to accept the defendant's appeal objections and to VACATE the judgment and to refund the appeal fee upon request.
Research & Analysis
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Installation of Heat Share Meter System - Question & Answer
In order to install a heat share meter system Pursuant to Article 42 of the Condominium Law, a decision must be taken by the majority of the number and land share of the condominium owners.
Condominium owners, by achieving the majority of the number and land share in the general assembly may decide to switch to a heat share meter system. Unanimity is not mandatory, but the required majority must be achieved.
If there is a decision taken by the condominium owners' board but the site management does not implement it, one of the floor owners may apply to the court and request the intervention of the judge.
Court, even though there was no decision to install a heat share meter system, it decided to install the system by replacing the will of the owners. Court of Cassation, the court overturned the court decision as it found that there was no valid decision taken with the majority of the land and number for the transition to the heat share meter system.