The present master thesis presents the management of apartment buildings that are in a
condominium and of those that are not established as condominium. In both cases, a co-owner
relationship is formed, but there are some special features in a community of homeowners that
differ considerably from classical co-owners community.
Apartment buildings are large residential complexes in which numerous communities are
formed, whose essential task is managing common areas. However, given the large number of
members and their diverse interests, it is difficult to establish effective management. If we also
take into account social diversity, it is essential that the intra-community relations and the
management of apartment buildings be also legally regulated. Due to the dispositive nature of
most norms in the Housing act, the homeowners can also determine different rules of
management by means of a contract of mutual relationships. Nevertheless, for the management
to be efficient, not only the Regulation, but also active participation of the homeowners is
needed, even in cases where an apartment building manager is appointed, who only takes care
of the execution of the decisions made by the homeowners and does not make decisions instead
of them. Homeowners must be conscious of the fact that alongside their property rights on an
individual area, they also have obligations to the common areas that they must fulfill. It is their
common interest to take care of maintaining and ensuring the functionality of the building as a
whole. It is precisely because of the common interest that the property right of an individual
part is limited and the owner cannot exercise it in full extent.
Both management arrangements, general and special, are based on the distinction between
regular management and transactions that go beyond regular management. It depends on the
qualification of a particular business how unanimous the co-owners must be in deciding if they
want to make an individual decision. The particularity of the legal regulation of apartment
buildings in a condominium is precisely in the implementation of a special qualified majority.
Management also creates common costs and burdens that are in general shared among
homeowners in proportion to co-ownership shares. Effective and continuous management also
requires that funds for business execution be provided on time. This is why in case of larger
communities the law requires the creation of a reserve fund, which ensures that the funds are
collected in advance with a specific purpose.
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