| Abstract [eng] |
This paper examines the peculiarities of the regulation to the relationship between the owners of apartments and other premises and presents some problematic aspects that arise in the implementation of the rights and obligations of the owners to the objects of common use. The first part of the work examines the differences in the regulation of the relationship between the owners of apartments and other purpose premises, comparing them with the general regulation applicable to co-owners. The main differences are seen in the exercise of the rights of sale, severance and accumulation of funds by the owners of flats and other purpose premises. The second part of the work defines and more specifically names the objects of common use, together with certain problematic aspects that are encountered in the case law when dealing with disputes related to them. The third part of the work refers to the problems that arise for the owners of apartments and other premises, when the forms of management of common use objects - a joint activity agreement concluded by the owners, the association of owners of apartments and other premises, the administrator of common use objects - abuse or improperly perform their functions. Insufficient control of the above-mentioned forms of management by the municipal executive institutions is additionally examined. The fourth and last part of the work evaluates the draft Law on the Management of Multi-apartment Buildings for Common Use, presenting certain positive or negative aspects that would contribute to the elimination of existing problems of regulation of apartment and other premises owners or, conversely, exacerbate these problems. |
