The Legal Model of the Condominium
In a multi-apartment building ownership is divided into levels: the object of individual ownership is an apartment or non-residential space, while the common parts of the building — the roof, facade, staircases, engineering systems — are in common ownership. Acquiring the object of individual ownership requires the conclusion of the transaction in written form and the registration, upon the acquirer, of the right of ownership defined by that transaction in the public registry. This requirement is built on precisely the same rule that applies to other immovables: a written transaction and registration together create the acquisition.
The condominium model thus simultaneously protects individuality and common interest: the apartment owner is independent within their space, but the fate of the common parts is arranged together with the neighbors. Precisely this duality creates the practical questions of condominium law — from common expenses to the form of management.
Common Ownership and Its Rules
Common — joint and fractional — ownership arises by force of law or on the basis of a transaction. Each co-owner may present claims to third persons regarding the property in common ownership; every co-owner has the right to reclaim the thing only in favor of all co-owners. A thing in common ownership may, on the basis of agreement of the co-owners, be pledged or otherwise encumbered for the benefit and interests of one of the owners.
The costs of maintaining and preserving a thing in common ownership are borne by the co-owners equally, unless otherwise provided by law or contract. It is also possible to determine a right of preferential acquisition of a share in common ownership by agreement of the parties, where legislation does not directly establish it. These rules are the foundation of managing the common parts — and knowing them prevents disputes.
A decision significant for the condominium: where a person acquires a rented apartment, it takes the place of the lessor. This lawful succession means that the sale of the apartment does not extinguish the lease relationship — the new owner passes into every position the lessor had, and the relationship with the tenant continues within the same framework.
Apartment-Owners' Partnerships
The historical transition is also significant: housing-construction cooperatives, as legal persons, are deemed abolished from 25 November 1997. Apartment-owners' partnerships have been deemed their successors. At the same time, the state's obligations toward previously created cooperatives remain in force. This means that the succession from cooperative funds to partnerships is legally defined — and the management issues of old buildings are resolved precisely within this framework.
Practical Questions and Disputes
In condominium practice, disputes most often concern the use of common parts and the distribution of expenses: who controls the drainage, who pays for the repair of the roof, how the use of common property in the interest of one owner is decided. The answer to these questions flows from the rules of common ownership: decisions are taken by agreement, expenses are distributed equally, and claims against third persons are presented by each co-owner.
The correct application of condominium law is a question of the sustainability of the building: the choice of the form of management, the fair distribution of expenses and the protection of common property together create the foundation on which the value of each apartment stands. The specialists of Legal.ge will assist you with every legal issue connected with condominiums — from acquisition to management.
Organizing Management and the Contractual Framework
Regular management of a condominium does not exist without a contractual basis. In choosing a partnership or another form of management, it is decided who represents the common interest, how expenses are assessed and how decisions are taken. This document also fixes the rules of use of common property — the roof, basement, facade and engineering systems — and the procedure for their alteration.
Practical experience shows that the sustainability of the building stands precisely on this basis: the existence of a decision-making procedure excludes unilateral self-governance, and the distribution of expenses ensures that the common well-being is reflected equally on every owner. Our team will assist you both in selecting the form of management and in preparing the relevant documentation.
Frequently Asked Questions
What is an individually owned object in a multi-apartment building?
An apartment and/or a non-residential area; its acquisition proceeds by a transaction in written form and by registration of the right of ownership in the public registry.
Who owns the common parts of the building?
They are in common — joint or shared — ownership; the costs of maintenance and preservation are borne by the co-owners equally, unless otherwise provided by law or agreement.
What happens when a rented apartment is purchased?
The acquirer takes the place of the lessor — the lease relationship continues with the new owner within the same frame.
What was the fate of the housing-construction cooperatives?
They were deemed abolished as of 25 November 1997, with apartment-owners’ partnerships deemed their successors; the state’s obligations toward the earlier cooperatives remain in force.
May an individual co-owner reclaim the thing?
Only for the benefit of all co-owners; each of them may present claims to third persons.
How We Help on Legal.ge
The Legal.ge team puts condominium relations in order — from shares in the common ownership to the management of the partnership — and helps in disputes with neighbours or the board. Contact us — condominium law begins with order.