Statutes

1. Are statutes governing a condominium subject to registration or not?

In some cases statutes (agreements between apartment owners) are registered in land register, but not always. There may also be articles of association and decisions of the general meeting of apartment owners.

2. Which statute clauses would you emphasise or consider more relevant?

Agreements concerning possession and use of common ownership.

3. In your LR system, if there was a statute clause or provision contrary to Law, should Land Registrars refuse registration thereof? If yes, provide an example. If not, explain briefly the reasons.

Yes. For example if apartment owner would like to encumber the physical share of construction works and the legal share of common ownership separately, registrar would refuse to make that kind of entry.

4. Formal publicity of statutes: What is the procedure to get LR information about statutes? How do interested parties look at the statute?

Agreements between apartment owners may be entered in the land register. In that case information about agreement is public and everybody may see it. Information about articles of association of apartment association is also public and it is kept in Non-profit Associations and Foundations Register. Additional agreements between apartment owners and decisions may not be public.

5. Particularly: if interested parties asked for LR information about an apartment, would information about condominium statutes also provided?

If it is entered into the land register, everybody can see that information. But if it is part of the contract, it can be seen on the basis of legitimate interest.