Condominium law, or the regulation of Apartment Owners' Associations (HOAs), is an integral part of urban life in Tbilisi and other large cities in Georgia. When purchasing an apartment in a multi-unit residential building, you automatically become a co-owner of the common property (entrance, roof, elevator, yard) and a member of the Apartment Owners' Association. This status grants you both rights and obligations. Often, disputes arise among neighbors regarding the use of common spaces, distribution of renovation costs, extensions, or noise. Proper legal administration of the Apartment Owners' Association is essential for organizing the living environment and maintaining property value. A qualified lawyer helps associations and individual owners conduct relationships within a civilized framework.
What Does Condominium Law Service Cover?
Specialists on Legal.ge offer services for both associations and individual members:
- Association Establishment and Registration: Forming an association in newly built buildings, electing a chairperson, and registering with the relevant municipal service.
- Charter Drafting: Drafting an individual charter that regulates decision-making rules (e.g., majority vote), membership fees, and maintenance of common property.
- Dispute Resolution: Resolving conflicts between neighbors (e.g., water leaks, illegal extensions, locking the entrance).
- Disposal of Common Property: Leasing or selling parts of the attic, basement, or yard, which requires member consent and precise legal execution.
- Debt Collection: Legally collecting unpaid fees or renovation costs from association members.
Common Scenarios and Real-World Examples
Living in condominiums is full of legal challenges:
- Attic Privatization: The top-floor neighbor wants to legalize the attic and convert it into living space. Other neighbors object due to fear of roof damage. A lawyer helps guide the process legally: 2/3 or 100% consent (depending on the situation) and a contract are required.
- Elevator Repair: The elevator broke down, but first-floor residents refuse to chip in. By law, the elevator is common property, and participating in its repair is everyone's obligation. A lawyer can help the association collect the funds forcibly.
- Commercial Space in the Yard: One owner arbitrarily installed a kiosk in the common yard. This violates the rights of other owners. A request for dismantling through the court is necessary.
- Noisy Neighbor/Airbnb: A neighbor rents out an apartment daily to tourists, causing noise and security issues. The association charter can impose restrictions or fines for violating internal rules.
Georgian Legislation and Regulations
The main regulatory act is the Law on Apartment Owners' Associations, which details the rules for creating, managing, and liquidating an association. The Civil Code of Georgia (section on common ownership) also applies. Important are local municipal decrees that regulate the registration of associations and funding through state programs (e.g., roof or elevator rehabilitation). A lawyer ensures that the association's activities comply with these norms.
Service Process
Legal service for an association begins with checking existing documentation (charter, meeting minutes). If the association is new, the lawyer organizes the founding meeting, prepares the agenda, and voting ballots. In case of disputes, the lawyer first attempts mediation between neighbors, and if no result is achieved, prepares a lawsuit. When alienating common property, they ensure the registration of the transaction in the Public Registry based on the signatures of all members or meeting minutes.
Why Choose Legal.ge?
Relationships between neighbors are a delicate matter where emotions often outweigh rationality. Lawyers on Legal.ge act as neutral, professional advisors capable of resolving conflicts peacefully and fairly. A properly managed association means a tidy entrance, a functioning elevator, and increased property value. Find your association lawyer on Legal.ge.
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