A leaking roof is a problem for every owner in an apartment block, not just those on the top floor, lawyer Ivelina Dineva has said. She spoke in the "Legal Advice" slot of the programme "Bulgaria in 60 Minutes", where she explained who pays for the repair and what can be done if a neighbour refuses.
A leaking roof is one of the most common problems in Bulgarian apartment blocks. Dineva said many people still wrongly think a damaged roof is only the top-floor resident's problem. "From a legal point of view, that is not so, because a roof is a shared part of the building by its nature," she said.
The first step is for owners to try to reach agreement at a valid general meeting under the Condominium Management Act. If the meeting refuses to pay for a repair, the top-floor resident can do the work alone and pay for it. Dineva said the money must then be returned to them from the building's repair fund, or deducted from their future monthly fees.
If the owners refuse that too, the matter goes to court. One option is a claim for managing another person's affairs without authority, under Article 61, paragraph 2 of the Obligations and Contracts Act. It applies when the repair was urgent and benefited all owners. The other option is a claim for unjust enrichment.
To win, the owner needs all the paperwork. "The person who carried out the repair should come prepared with flawless evidence," Dineva advised.
That means an inspection report or expert assessment showing the state of the roof before the repair. It also means handover reports, contracts with builders, and any notes and till receipts.