Modification or dissolution of the condominium
1. Is it possible to modify the statutes of an existing condominium? If so, does the modification have to be registered in the Land Registry? Are there circumstances in which the registrar can refuse registration of the modification? If the modification is not registered, does it become operative?
Legal relationships concerning the object of common ownership (community of apartment owners) can be decided on the basis on an agreement between apartment owners or decisions of the general meeting. Agreement between apartment owners applies also to the apartment owners who voted against the decision or did not participate in the voting.
Agreements between apartment owners can be changed with another agreement. Those agreements must be registered on the land register only if they derogate from Apartment Ownership Act. Decisions of the general meeting of apartment owners and court decisions apply without an entry in the land register.
Articles of association of apartment association can be changed by members of an apartment association (owners of apartment ownership).
2. Does your law provide a mechanism for dissolving: (a) the community or association of owners (b) the condominium arrangement? How would this be registered?
Yes, there may be:
- Agreement between apartment owners, which in some cases must be registered in land register;
- Apartment association, which is a non-profit association established on the basis of a majority resolution of apartment owners of an immovable divided into apartment ownerships. Apartment association and its articles of association are registered in Non-profit Associations and Foundations Register.
