Q: A person in a condominium enhanced the public lobby or garden. Can he demand that the neighbors share in his cost?
A: Seemingly this depends on whether the enhancement was warranted so that the condominium was considered fit for such enhancement (Rema 375:7; Mishkenos Yisrael #22).
However, because the owners in the condominium are partners in the public areas, a partner is considered as having acted with permission (provided that the expenditure was not frivolous), unless the neighbors protested and indicated that they would not share in the expense, or there are rules stating otherwise in the condominium agreement (C.M. 375:5; Pischei Choshen, Genevah 8:[56]).
However, if the person enhanced his own apartment, — even if doing so raises the value of neighboring apartments — if there was no additional expense on account of the neighbors, he is doing it for himself. The neighbors do not have to share in the cost, unless they indicated willingness to pay for such gain (see Rema 264:4; Pischei Choshen, Genevah 8:13-14).
