Under the provision of Sec. 1209 of the Civil Code, an outvoted owner may file a motion to the Court based on which the Court decides in the respective issue „if there is an important reason for it“. By this „important reason“ the Civil Code means what the Act on Flats Ownership previously specified as the „important issue“. This is a situation when the decision in question interferes directly with either the legal position alone of the unit owners or with the nature of the subject matter of their ownership from the perspective of its purpose of use.
The Supreme Court considers the practical question whether an increase of the contribution to the Maintenance Fund is or is not important enough so that the Court may review it. The answer is no. It means that if there is a decision on increase of the contributions to the Maintenance Fund, the outvoted owner can’t refer to the Court. However, an extreme increase would be an exception to this rule.
(Decision of the Supreme Court, file no. 26 Cdo 4567/2016 from 15 March 2017)