According to request of the Supreme Court a study of case law on issues of housing management of apartment blocks has been carried out. A summary is prepared by Mg.iur Ilze Osa, Adviser to Saeima Legal Bureau, and Mg.iur Martins Auders, Deputy Director of the Construction and Housing Policy Department of the Ministry of Economics. 

Having studied more than 90 rulings of the Department of Civil Cases of the Supreme Court in cases (adjudicated in time period from 2013 to second half of 2016) related to disputes regarding legal relationship of apartment owners and management of residential property, 40 rulings were selected and summarized.

The summary is divided into four themes. Content of chapters provides an insight into ownership of apartment as special type of immovable property, which includes both individual property and the relevant undivided share of the joint property. Therefore apartment owner’s rights and responsibilities for the disposal of such property, as well as responsibility of its maintenance are described separately. Taking into account the peculiarities of joint management of joint ownership of residential house, the summary focuses on case-law of acceptance of decisions made by owners of residential house, as well as on challenging such decisions.  

A separate chapter is devoted to case-law on management the part of joint ownership by examining management activities, as well as status of manager of apartment block (authorized person by apartment owners) and formation aspects of management expenses. Individual judgments in land lease disputes in cases of joint share property are examined, i.e., when the building divided into apartment properties is located on land owned by another person.

Taking into account that after the completion of the summary, the Supreme Court delivered a number of key rulings on addressed issues, theses of said rulings are also included in the summary. As well as a summary is updated with indications to amendments of 1 January 2017 of legal framework.

Summary of "Case-law in civil cases arising from legal relationship regarding the managament of residential building”is available on the webpage of the Supreme Court.

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: +371 67020396, +371 28652211