Neighbour does not pay apartment owners' association contributions (lift, staircase, repairs): what to do under Georgian law

What to do

1. Obligation: each member must take part in the costs of maintaining the common property (Law of Georgia on Apartment Owners' Associations, Art. 21). Refusing to use common property (the lift) does not release a member from these costs (Law on Apartment Owners' Associations, Art. 21): 'I live on the first floor' and 'I don't use the lift' are not grounds for refusal. The amount: a member's share of the costs equals their share of the common property (by area), unless the charter provides otherwise (Law on Apartment Owners' Associations, Art. 5).
2. Verify the decision: minutes, quorum and majority. Absent a charter provision, the quorum is 2/3 of members, and a decision requires more than half of those present (Law on Apartment Owners' Associations, Art. 28). For repairs or improvements (development), additional development costs are payable only if approved by 2/3 of members (Law on Apartment Owners' Associations, Art. 15). A member who did not vote for measures not directly related to maintenance does not bear their costs (Law on Apartment Owners' Associations, Art. 7). If the procedure was observed, the meeting's decision is binding also on those who did not vote (Law on Apartment Owners' Associations, Art. 28). A member may challenge the minutes of the meeting in court (Law on Apartment Owners' Associations, Art. 28).
3. Limitation: for claims arising from periodic payments, the limitation period is 3 years (Civil Code, Art. 129). Claim each month before its period expires.
4. Claim with the calculation of the share and the minutes. A debt above GEL 500 may then be registered in the Public Registry as an obligation attached to the apartment (Law on Apartment Owners' Associations, Art. 14). When the apartment is sold, the new owner is also liable for the debt (Law on Apartment Owners' Associations, Art. 14).
5. Undisputed debt: for a documented, overdue monetary debt, first use the simplified procedure at the National Bureau of Enforcement, which allows an order for payment without a court (Law of Georgia on Enforcement Proceedings, Art. 91³). The debtor has 10 calendar days from notice to pay or to file a written objection. If an objection is filed, the order is refused, and a claim follows (Law on Enforcement Proceedings, Art. 91⁷).
6. Claim: if obligations are not performed, the association (through its chair) may apply to the court (Law on Apartment Owners' Associations, Art. 21). Claims up to GEL 5,000 are heard by a magistrate judge (Civil Procedure Code, Art. 14). The state duty is 3% of the claim amount, but not less than GEL 100 (Civil Procedure Code, Art. 39).
7. Where to apply: the National Bureau of Enforcement; the court (magistrate); the Public Registry.
8. Evidence: the charter, the minutes (quorum), the calculation of shares, invoices, the claim with proof of delivery.
9. Pitfalls: a decision taken without quorum or minutes; a repair or improvement adopted by simple majority; claiming from the tenant rather than from the owner.

Be sure to check

• each owner's duty to pay their share, even if they do not use the lift or did not vote
• checking the lawfulness of the decision (quorum, majority, 2/3 for development, minutes)
• registration of a debt above the threshold in the Public Registry and liability of the new owner
• suit on behalf of the association (chair); limitation for periodic payments