Clarification was required due to a dispute between residents of a high-rise building and a developer who placed an advertising sign for his company on the roof of a residential building
Placement of an advertising structure on the roof of an apartment building is allowed only with the consent of all apartment owners in the building. The corresponding definition is published on the website of the First Court of Cassation of General Jurisdiction. This is reported by RAPSI.
Clarification was required due to a conflict between the tenant and the developer. The general contractor of the developer placed a sign with his name on the roof, and installed three screens in the entrance, on which advertisements about the activities of the company and its partners were broadcast around the clock. The residents of the house did not like it and they went to court with a claim for illegal use of the common property of the house, it follows from the case materials.
The court of first instance found that the placement of an information sign with the name of the organization on the roof of the building was agreed upon at the general meeting of the owners, as well as in the city administration. At the same time, the placement of televisions, unlike the signage on the roof, was not coordinated, and therefore the court recognized the actions of the developer in this part as illegal. The Court of Appeal agreed with this decision.
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However, the First Court of Cassation of General Jurisdiction overturned the decision of the appeal regarding the refusal to recognize the illegal installation of the sign. The cassation pointed out that in the minutes of the general meeting at which the decision on the installation of advertising was made, there is no consent of all apartment owners, as required by law. As a result, the case was sent for reconsideration.
The Supreme Court previously clarified the rules for adding a floor to an apartment in a high-rise building. Clarifications were required in connection with the conflict between two neighbors, one of whom built a floor above his apartment.
See also:
- The Supreme Court named the reasons for the loss of the right to housing in social housing
- The Supreme Court has identified those responsible for the flooding of the apartment
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