First of all one needs to note that a housing community lacks the standing to sue in such type of cases and all suits brought by it will be dismissed, regardless of any substantive findings made by the court. This is the consequence of the Supreme Court ruling of 23 September 2004 (III CZP 48/04). Hence, it is necessary to give a proper shape to the litigation relationship so that claimants are entities with the standing to sue. In such type of proceedings, also an incredibly important part is neutralising any assertions of statute of limitations on claims being advanced, which requires adept use of available institutions of civil law.
In accordance with the latest holding of the Supreme Court, it is the owner of housing premises on whom the burden falls of expenses associated with maintenance in good repair of a balcony constituting an auxiliary space intended exclusively for satisfying the housing needs of persons residing in those premises. Expenses for repairs and current maintenance of those parts of the building which are part of the balcony's construction permanently joined with the building, are incumbent on the housing community.