Tenants and the Condominium Ownership Management Act (ZUES) – What Are Their Rights and Obligations?

The Condominium Ownership Management Act (ZUES) regulates not only the rights and obligations of owners but also of all persons who actually inhabit a building — including tenants and users. In practice, uncertainties and disputes often arise as to what a tenant may and must do within a condominium. This article outlines the key differences and responsibilities under ZUES.

Who is a “user” and who is an “occupant”?

• Owner: the person holding title to the property.

• User (ползвател): a person who has the right to use the property without owning it (e.g., a holder of a right of use/usufruct).

• Occupant: any person who actually resides in the property — including tenants and family members.

Accordingly, tenants are occupants, but in some cases they may also qualify as users, depending on the contract and legal status.

Obligations of users under ZUES

Users, as persons inhabiting a dwelling, have specific duties under Art. 5(2) ZUES, including to:

1. not hinder other owners, users, and occupants in using the common parts;

2. not cause damage to other units or the common parts;

3. not appropriate (occupy) common parts of the building;

4. refrain from activities in their unit (or part thereof) that create disturbance to others beyond what is customary;

5. not perform repairs in their unit that would deteriorate the design parameters of construction products (replaced/altered or originally installed), nor alter premises or spaces intended for common use, and not impair the architectural appearance, load-bearing capacity, structural stability, fire safety, or safe use of the building;

6. comply with the relevant statutory requirements when keeping animals in their units and not disturb immediate neighbours;

7. not offend good morals;

8. comply with the decisions of the condominium management bodies;

9. participate personally or through a proxy in decision-making at the general meeting;

10. pay the costs for management and maintenance of the common parts;

11. observe sanitary and hygiene norms;

12. provide access to their unit (or part thereof) for necessary investigative, design, measuring, construction and installation works related to maintenance, repair, reconstruction, remodelling, major repair or major renovation of common parts or other premises, and for inspection of installations and structural elements;

13. assist competent authorities in firefighting or rescue operations inside and around the building;

14. compensate for damages caused to other units where these result from remedying faults in their own unit;

15. use the common parts in accordance with the internal rules;

16. file a declaration (template) for entry in the condominium book listing household members, occupants, and animals kept on the premises that are subject to removal;

17. maintain the common parts and their unit in a technical condition meeting the basic requirements of Art. 169(1) of the Spatial Development Act;

18. ensure the safe operation of all facilities and installations in the building;

19. not carry out activities in the common parts, including on the façade, that impair their integrity and architectural appearance, load-bearing capacity, structural stability, fire safety, or safe use;

20. fulfil other obligations provided in the internal rules.

Financial obligations – who pays what?

Condominium expenses are grouped, for example:

The owner is always responsible for:

• contributions to the Repair and Renovation Fund;

• major repairs and capital investments;

• administrative costs, unless agreed otherwise with the tenant.

The tenant typically pays:

• monthly charges for cleaning, lighting of common parts, elevator;

• other current utilities if provided in the lease.

In disputes, the lease agreement governs. If there is no lease or no specific clause, the owner bears responsibility.

Participation in the general meeting

Tenants may attend the general meeting but have no voting rights unless expressly authorised by the owner. They may raise issues and report irregularities, especially when directly affected.

Liability for violations

The tenant is liable for their own conduct in the building. In case of systematic breaches of order, the condominium may request the owner to terminate the lease. If not done, certain circumstances may warrant court action.

Conclusion

Although not owners, tenants are an integral part of the condominium community. They have duties that should not be ignored and are responsible for observing the established order. Owners, for their part, should monitor who occupies their properties and act promptly upon signals of problems.