Often a request for nullification of a resolution adopted by the Association of Owners is combined with a request for granting replacement authorisation for a certain act. An apartment owner is entitled to have himself replaced by an authorisation of the subdistrict court for a certain act that normally requires cooperation or permission provided by the Association of Owners.
When to request replacement authorisation
This authorisation can only be granted if cooperation or permission was refused without reasonable ground or if the person who has to provide cooperation or permission declares himself (for example, if the meeting is not organised owing to far-reaching requests). Many cases in which replacement authorisation is sought concern an owner who wants to add an extension to the building, for which the Association of Owners does not give permission. Replacement authorisation may also be sought for roof terraces or fitting a dormer, if the meeting does not give permission for this.
How to request replacement authorisation
Like the proceedings for nullification of a resolution, the proceedings for obtaining replacement authorisation are initiated with a petition to the subdistrict court of the district in which the building is situated. Often a request for nullification of a resolution is combined with a request for granting replacement authorisation (e.g. for realising a roof structure or installing air conditioning on the roof or affixed to the building). The court registry ensures that the person making the request, the persons with voting rights and the Association of Owners are summoned to appear. As with the proceedings for nullification of a resolution, they can submit a defence. If the court finds that the Association of Owners (or as the case may be the body that has to provide the permission or cooperation) has not refused its permission or cooperation on reasonable grounds, the request will be allowed and the replacement authorisation will be granted.