"There is always some unpleasant smell in our stairwell, the steps are chipped, the lighting is poor, etc. - the premises have long needed serious repairs. The representative of the management company answers all questions with 'once we gather enough funds, we will do it.'
But there are no deadlines, no figures, no information at all. Is there any way to influence them? What legal levers can be used for this? A reader of bb.lv
Denis Gorba, lawyer of the Latvian Human Rights Committee:
The property manager must
In Latvia, the main regulatory acts in such matters are the Law on the Management of Residential Buildings, the Law on Apartment Ownership, and Cabinet Regulation No. 907. If the manager shows passivity (possibly bordering on a violation of the law), from a legal perspective, the co-owners of the building have a fairly wide range of tools for influence.
Thus, according to the requirements of the mentioned regulatory acts, the manager is obliged to perform mandatory actions for managing the building (that is, it is their duty, not a "matter of goodwill"). This includes, in particular:
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Sanitary maintenance; a smell from the basement indicates a violation of sanitary standards - possibly damaged sewage, lack of ventilation, etc.
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Maintenance of the building: damaged stairs and falling plaster may signal structural wear; this, as well as poor lighting, is a violation of safety requirements.
In situations threatening the health and safety of people, the manager cannot justify "lack of funds": such "arguments" do not apply in emergency situations or mandatory works.
Furthermore, the co-owners of the building have an unconditional right to receive information. They have the right to demand:
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The building file, which should contain acts of visual inspection. Every year, the manager must conduct an inspection of the building and prepare a defect report.
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Information on how much money has been accumulated.
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A schedule of planned repair works (Cabinet Regulation No. 408).
Accordingly, the response "we will do it once we have enough funds" is legally incorrect.
Possible practical steps
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Write a collective official letter to the manager, signed by several apartment owners (that is, to document the problem and demand a specific repair plan within 15-30 days).
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If being in common areas (in this case, the stairwell) becomes dangerous for any reason, report this to the construction management of your municipality. The goal is to obtain a conclusion about the technical condition of the building, obliging repairs to be carried out.
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Regarding odors, mold, etc., it is worth contacting the Health Inspectorate to document the facts of unsanitary conditions.
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If the manager chronically shows passivity (possibly even bordering on a violation of the law) and avoids communication - make a decision at the general meeting of apartment owners to conduct an audit and/or change the service company (or individual). Take control of the building's reserve fund.
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In some cases, the municipal police can help, which has the right to fine managers for non-compliance with City rules for building maintenance. You can also consult specialists from the Department of Housing and Environment regarding the activities of a specific manager.
