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.