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 the Finnish legal system the limited liability housing company in question has the exclusive ownership and possession of the building or buildings in which the apartments are located. The company also has the exclusive possession of the real estate or real estates on which said building or buildings are located, either by virtue of ownership or lease of said real estate or real estates.
The shareholders of the limited liability housing company merely have the exclusive right of possession to an apartment or other part of the building or real estate of said company as specified and provided in the Articles of Association of the company. The other parts of the building or real estate (e.g. stairway and elevator) remain in the direct possession of the company.
The shareholders are responsible for maintenance of the indoors parts of their own apartments. The limited liability housing company is responsible for maintenance that is not the responsibility of the shareholders (e.g. maintenance of real estate, building structures, insulating materials and systems for heating, electricity, data communications, gas, water, sewer and ventilation).
In order to cover the expenditures of the limited liability housing company, the shareholders are obliged to pay charge for common expenses in accordance with the criteria provided in the Articles of Association of the company.
(EU Adapt project):
2. Describe the powers of each unity owner regarding the use of the individual unit and common areas
Every unity owner has their own rights to control their own units. Common areas needs to be control together (all unity owners).
b) the management of the individual unit and common areas
Same logic than above.
3. Can a unity owner freely transfer the right?
Yes, but there can be restrictions regarding the transfer (based on corporate by-laws).
