Community or association of owners

1. Does your national law envisage that the owners of the apartments are organised in any type of association or community to take decisions about common interests in the building or block which their apartments belong to?

2. In this case, does Law this association have a legal personality?

3. Otherwise, are these matters dealt with under the ordinary regime for co-ownership, or are there special features in these cases?

The Law On Residential Properties states that the administrative body of a residential house, which is partitioned into apartment properties is called a community of apartment owners, composition of which includes all apartment owners of the residential house.

It has the right to decide any matter, which relates to the existing joint property share. The community of apartment owners, by entering into a relevant contract, may authorise another person to decide a matter which is within the competence of the community.

Only the community of apartment owners has the right to take a decision regarding the following:

• the alteration of the existing joint property share (increasing, decreasing);
• the specification of the procedures for the use of the existing joint property share between apartment owners;
• the establishment and revoking of the right of first refusal of apartment owners;
• the granting and revoking of authorisations;
• the specification of restrictions for the right of use;
• the transferring for use of the existing joint property share;
• the form of administration of the existing joint property share;
• the assigning of individual or all administrative activities of the residential house to an administrator;
• the procedures for the determination and payment of the administration expenditure of the residential house; and
• other matters, which the community of apartment owners has specified as such that only fall within the competence of the community of apartment owners.

National law does not envisage that the owners of the apartments are organised in any type of association or community to take decisions about common interests in the building or block which their apartments belong to.

The community of apartment owners does not have a legal personality per se. All the mentioned matters are dealt with ordinary regime for co-ownership.

There are, of course, a few exceptions in the law, but since we are asked not to go into legal details, then it will be good to read them in the attached law, if this becomes matter of interests. The exceptions focus mainly on the majority of votes with certain questions.