Co-possession of common parts of the building - the attribute of ownership right of apartment owners in condominium

Abstract

The common property in multi-apartment buildings is still not yet registered in the Real Estate Register for the benefit of apartment owners. This is probably explained by the fact that the Law on Privatization of Housing Fund stipulates the term of "co-possession" instead of "co-ownership" for the common parts of the building, that has led to multiple errors in other regulations on state registration of real estate, and to stagnation of process for the establishment of appropriate management of housing fund by the apartment owners. Simultaneously, the Law on Condominium in Housing Fund provides for the owners’ shared ownership right over the common property elements. The present work proposes an analysis of situation, favoring the registration of housing buildings together with the ownership right on the share in the common property in the benefit of the apartment owners in that buildings. In conclusion, the authors emphasize that the concept of ‘co-possession’ does not represent an impediment for the registration of ownership right, taking into account that the concept of ‘co-possession’ is an attribute of this ownership right and, in this sense, does not exclude the ownership right as a whole, - such position is strengthened by relevant provisions in the Law on Condominium in Housing Fund. Also, we find that the local government bodies are unduly delaying the transmission of buildings to the owners and stagger the building management organization process required by law. This situation needs to be remedied urgently, as the buildings need to be maintained and repaired properly, to avoid degradation of constructions which already are under increased risk of destruction.