Statutes
1. Are statutes governing a condominium subject to registration or not?
The statutes of the condominium are not subject to registration, but are an obligatory part of the notarial deed. When inquiring the Land Register people are able to obtain that information.
2. Which statute clauses would you emphasise or consider more relevant?
The most important statute clauses are:
- about the shares an indivual owner possesses in the condominium
- about the possibilities to make changes in the apartments
- the allowance of others to use or rent parts of the apartments
- about the costs of the maintenance, the funding and the annual budget
- of the association of owners
- about the way the common area is used, maintained and managed
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.
The land registrars do not check the clauses of the statutes of the condominium. This is part of the task of the notary who will draw the deed of splitting (in the meaning of establishing) the apartment rights.
4. Formal publicity of statutes: What is the procedure to get LR information about statutes? How do interested parties look at the statute?
The statutes of the condominium are an obligatory part of the notarial deed. When inquiring the Land Register people are able to obtain that information.
5. Particularly: if interested parties asked for LR information about an apartment, would information about condominium statutes also provided?
If interested parties ask for information about an apartment, they have the possibility to inquire the deed of splitting / establishing the apartment rights. This deed contains the information about the condominium statutes.
