Article 52. Allocation of Legal Expenses in Disputes Between An Owner and the Association
(1) An owner who is a claimant or respondent in a legal action against the association participates in the association’s legal expenses related to this action according to this law, without affecting its right to reimbursement as per paragraph (5).
(2) An owner who is a respondent in a legal action initiated by the association is exempt from participating in the association’s legal expenses related to this action if the lawsuit is entirely dismissed by the court. These expenses are then allocated by the association among the other owners.
(3) An owner whose legal action against the association is fully admitted by the court is exempt from participating in the association’s legal expenses related to this action. These expenses are allocated by the association among the other owners.
(4) If the legal action is partially admitted, the owner, either as a claimant or respondent, is required to participate in the association’s legal expenses, except for the expenses compensated to the association by a participant in the legal proceeding as per the judgment.
(5) If an owner is exempt from participating in a legal expense of the association according to this Article, but has already contributed to this expense as per paragraph (1), the owner is entitled to reimbursement, without interest, from the association. The amount subject to reimbursement by the association is offset against the payments owed or to be owed by the owner to the association, or, upon their request made before the offset, is reimbursed by the association.
(6) This article correspondingly applies to other expenses incurred in connection with the review of disputes between an owner and the association.