The close contact of the tenants of the apartment buildings and the interdependence of their relations created by the common use of the common areas could not be without participation in conflicts, disputes, and quarrels. One philosopher characteristically said that two people living on one hundred hectares of land live relatively freely, but one hundred people living on two hectares of land live in innate conflict. When people are forced to live side by side, they must respect each other’s rights. That is why in the amending Law 6 (1) / of 1993, which was included in the Law, Chapter 224, as PART IIA, there are elements on the basis of which the way of determining the property rights of the common building, the possibility possession and fruiting of the apartments and the most appropriate way of registration according to which the exclusive ownership of the apartments coexists with the compulsory co-ownership of the common areas of the building.
1. Among other things, the law includes provisions based on which the following are provided:
(a) all buildings consisting of at least 5 units are shared buildings, (unit means part of the common building, which can be properly and comfortably occupied and reaped, (as complete, separate, and independent) for any purpose).
(b) buildings consisting of two (2) to four (4) units may be considered, at the discretion of the Director, co-owners, upon request of the interested parties.
(c) shared buildings may also be considered separate buildings located on a property, even if they are not separated horizontally.
(d) the exclusive rights of use of parts of the common property may be created for the benefit of certain units. e.g. parking space, storage, etc.)
2. Also included are provisions relating to:
(a) the compulsory insurance of the co-owned building for an amount corresponding to the value of its replacement.
(b) the actions to be taken in the event of its partial or total destruction.
(c) the standard regulations governing the management of shared buildings, and the right of owners to draw up their own regulations.
(d) the mandatory existence of a management committee for all shared buildings, and
(e) the obligation of the Director to appoint an Interim Management Committee, if requested.
3 Notable innovations that have been introduced in the law, and that act decisively in regulating the rights and obligations of owners are:
(a) the determination of the share that each unit is entitled to in the joint ownership, and
(b) the determination of the rights and obligations of the owners by establishing standard regulations.
(c) the possibility provided to the Management Committee to sue and be sued.
4. Share in the Joint Ownership
The share in the joint ownership was until recently, legally indefinite. The owners did not know the percentage to which they were entitled, nor whether their participation in the management of the building corresponded to their rights. From 1993 the share is determined a) for the existing buildings, i.e. those that secured a building permit before 1993 and the share was not agreed by the apartment owners, will be determined based on the proportion of the values of the apartments in the prices of 1.1. 1980 and b) for the new buildings that have secured or are securing a building permit after 1993 by the property owner, so that each buyer knows in advance what share in the common building he is buying.
5. However, the main regulation, based on the 1993 amending Law, is undoubtedly the determination of the rights and obligations of the owners. Standard regulations that have been drafted and are part of the law are detailed.
Among other things, the Regulations determine the way in which each owner participates in the maintenance costs of the common areas and in making decisions for the management of the apartment building.
The right of each owner of a unit to make conversions, additions, repairs to the inside of his unit, to merge related units belonging to him, etc. are explicitly mentioned in the regulations.
6. However, where the regulations are detailed and detailed are the obligations of the owners of the units and their faithful observance will undoubtedly lead to a comfortable occupation and fruition of their apartments.
7. The main obligations of the unit owners are listed below:
(a) None of the owners will use their apartment for any illegal purpose and will not cause noise or nuisance harmful or dangerous to the health or safety of the occupants.
(b) It will not convert its use and will not interfere in any way with any part of the joint ownership.
(c) Without the consent of the Management Committee, it will not place any objects on the balcony, terrace, or roof so that they are visible from the outside.
(d) It will not obstruct the main entrance etc. of the apartment building.
(e) The color of windows, exterior walls, etc. will not change.
(f) It will not store flammable materials or other materials that interfere with odor, smoke, or dust.
(g) It will not hang or shake clothes, carpets, etc. from the balcony or terrace.
(h) It will not keep annoying animals,
(i) He will not allow playing a musical instrument, radio or television in a way that disturbs him.
(j) He will not spill or allow water to spill out of his apartment
(k) He will not install awnings, air conditioners, radio antennas, etc. outside his unit.
(l) It must allow persons whose purpose is to repair objects related to the fruiting of another unit or the commoners to enter its unit.
(m) To pay the amount due to him for the maintenance of the apartment building / common property,
(n) He also must repair and maintain his unit in good condition..
8. For any omission or breach of its obligations, the offending party shall be accountable to the other gentlemen and the management committee. The Management Committee is responsible for enforcing the Regulations and will be able to sue and sue for any matter concerning the application of the provisions of the law and regulations
9. Relevant provision is also made for the general meetings of the heads of the units, for the election of an Management Committee which should consist of one to five persons, and for the vote to be taken to take decisions on the various issues that will arise during the apartment building management.
10. The last part of the Regulations mentions the powers and obligations of the Management Committee.
As can be seen from the relevant provisions of the Law, the powers provided to the Director are broad and largely catalytic. Indicatives are its possibilities to intervene in matters foreign to those of the registration procedures.
These powers are summarized below:
(a) It will register the joint-stock buildings as such at the request of any of the owners and each unit separately when the necessary documents are submitted.
(b) It may designate a building consisting of two to four units as a co-owner.
(c) The determination of limited joint ownership after the registration of the joint ownership has been placed under its jurisdiction.
(d) It may register limited joint ownership even in the event of a denial of a unit of property which, in its judgment, is unreasonable.
(e) It may determine a value other than the value specified by the owner of the property and thus modify the share in the common property determined by the latter.
(f) It shall determine the proportion of the shares in the joint ownership of the existing common buildings as stated in the Law.
(g) It shall register in the Real Estate Register the Regulations drawn up, revised, or amended by the owners of the units.
(h) He has the obligation to appoint if requested a temporary Management Committee.
(i) If no Steering Committee has been set up, it may appoint such persons under certain conditions.
(j) It may convene at the request of some of the gentlemen of the General Assembly units and determine the issues to be discussed.
If you are interested in learning more about the proper insurance of shared buildings, fill out the relevant form below and I will contact you very soon.
