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.
For the ownership apartment type of condominium the owner has a large amount of freedom to use the apartment. But the owner has to take the others owners’ interests in consideration, for example by not making disturbances or making changes in the apartment that put the overall construction at risk.
The common area of the building and ground is administrated by a legal person called a joint property association. Each condominium apartment is a member of this association. If a condominium change owner the new owner became automatic member of the association.
The association has the right to take out a service fee for the cost of the administration.
For the housing association type of condominium the common area as other part of the property is administrated by the association, who is the owner of the property. The association has the right to take out a service fee for the cost of the administration.
The member of an association has also a large amount of freedom to use the apartment. Also here a member has to take other members interests in consideration, for example by not making disturbance. A member usually also need permission by the board to make larger changes in the apartment, to let out the apartment or use the apartment for another purpose than to live in it.
(EU Adapt project):
2. Describe the powers of each unity owner regarding:
a) the use of the individual unit and common areas
Common areas may be used by the owner of the apartment/condomium
b) the management of the individual unit and common areas
Whoever is responsible for the common areas depends on who owns the property.
3. Can a unity owner freely transfer the right? Yes, but it depends on what kind of apartment/condominium it concerns. Rental apartments may of course not be sold. Condominiums where the immovable property is owned by a housing cooperative, may be sold but the new owner has to accepted by the housing cooperative in order for the sale to be valid. Ownership condominiums may be sold just like any other kind of immovable property.
