Differences between exclusive rights over the apartments and rights over buildings

1.   Please, explain briefly but as clearly as possible the scope of the rights relating (exclusively) to the apartments and the ones relating to the building or to the communal elements owned jointly.

In case of apartment ownership the owner has the same rights as the owner of any kind of immovable, but there are some things to remember. An apartment owner may use a physical share of the apartment ownership at his or her own discretion, unless such use is in conflict with law or with the legitimate interests of a third person. An apartment owner is required to:

• Maintain the physical share of the apartment ownership and upon use of the physical share and the object of common ownership refrain from any activities which effect on other apartment owners exceeds the effects caused by normal use of the property;
• Endure effects which remain within the limits specified above;
• Enable other persons to use the physical share of apartment ownership if this is necessary for the maintenance of the object of common ownership. The owner shall be compensated for damage caused by such use.

An apartment owner is required to ensure that his or her family members, temporary residents and persons who use the apartment ownership follow the same rules.

Objects of common ownership are a plot of land and such parts and equipment of a construction works which are not part of the physical share of any apartment ownership and are not in the ownership of a third person. All owners of apartment ownership are co-owners of the objects of common ownership and an object of common ownership is jointly administered by the apartment owners unless otherwise prescribed by law or an agreement between the apartment owners.

Apartment owners must pay taxes incumbent on common ownership, bear real encumbrances in public law and the expenses arising from the management of the common ownership and receive the fruit arising from the management of the common ownership in proportion to the size of the share of common ownership belonging to them. Apartment owners may derogate from such proportions on the basis of an agreement.

(EU Adapt project):

2.  Describe the powers of each unity owner regarding:

(EU Adapt project)

a) the use of the individual unit and common areas 

Apartment owners shall exercise the rights and perform the obligations arising from their apartment ownership to the extent provided for in this Act through the apartment association.

Apartment owners shall act in accordance with the principle of good faith and consider each other’s legitimate interests in their mutual relations and in relations with the apartment association.

By an agreement between apartment owners, a part of the object of common ownership may be granted to the exclusive use (hereinafter right of exclusive use) of an actual apartment owner if this is not in conflict with the purpose of use of the part of the object of the common ownership.

The apartment owner may transfer the exercise of the right of exclusive use held thereby to a third person without the consent of all the other apartment owners.

The apartment owner may transfer the right of exclusive use held thereby to another apartment owner without the consent of all the other apartment owners.

b)  the management and administration of the individual unit and common areas 

Apartment owners shall exercise the rights and perform the obligations arising from their apartment ownership to the extent provided for in this Act through the apartment association. «Apartment association» means a legal person in private law the members of which are all the owners of apartment ownerships of one immovable property ownership divided into apartment ownerships (hereinafter apartment owners).

3.  Can a unity owner freely transfer the right?

Yes.