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What should be checked first when challenging apartment maintenance fees?

A high apartment maintenance fee does not necessarily mean it is unlawful in every case. First, it should be examined which expense items make up the fee, what decision the increase was based on, and how the payment obligation is shared between unit owners and tenants.

At this stage, the most practical step is to request a detailed written expense breakdown from building management. In particular, it can be asked which documents support items such as cleaning, security, maintenance, elevator, fuel, repair and staff costs. For an objection to be strong, it is important not only to claim that the amount is “too high,” but to point to concrete reasons such as calculation errors, unauthorized decisions or irregular collection.

Key documents to review

  • Management plan and the rules for sharing common expenses
  • Operating project, estimated budget and expense table
  • Decisions of the unit owners’ meeting and meeting minutes
  • Collection receipts, invoices and any additional payment notices

These documents help determine whether the fee increase stems from the building’s actual needs or from an incorrect calculation.

How does the objection process work?

In the objection to maintenance fees process, the first choice is often to submit a written application to management. The objection should clearly state the amount being challenged, why the relevant expense item is disputed, and which documents are being requested. Leaving a written record rather than making a verbal complaint matters in disputes that may arise later.

Points to consider when seeking a solution with management

Management may respond to the objection, share a new calculation sheet or place the matter on the agenda for the next meeting. If the decision is based on a general assembly meeting, whether the meeting was held in accordance with procedure can also be assessed separately. In some cases, disputes may arise from charging the wrong apartment, using incorrect square-meter data for independent units, or distributing a cost that is not a common expense to all owners.

Items that can be included in the application

  • The maintenance fee period and amount being challenged
  • Why the relevant expense item is disputed
  • Request for documents and a detailed calculation sheet
  • Request for correction or reconsideration

Can a lawsuit be filed if there is no settlement?

If no solution can be reached with management, a maintenance fee lawsuit may become an option depending on the nature of the dispute. At this stage, issues such as annulment of the meeting decision, determination of the debt or refund of an allegedly overcollected amount may come to the fore. However, the path to follow depends on the specifics of the case and the documents available.

Before taking the matter to court, payment, default, late fees and the risk of enforcement action should also be carefully assessed. For that reason, keeping documents organized and, when necessary, seeking help from a legal expert can help the process move forward more smoothly and reduce the risk of losing rights.

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