The legal regime of the common parts has some specifics that every owner of a separate object (apartment, studio, office, etc.) in a building under condominium regime should be familiar with.
What does a condominium mean?
Simply said, a condominium exists when there are two or more separate objects in a building and these objects belong to different persons.
How does a condominium occur?
Condominium occurs by the virtues of the law. No further actions and/or administrative procedures are required. The registration of the condominium in the Municipality is a consequence and not a prerequisite for the occurrence of condominium.
What the common parts in a condominium represent?
The common parts are those structural and/or architectural elements of the building that serve for common use of the owners of the separate objects in the building. Common parts do not have a separate individual status – they have an accessory function and serve the usage of the separate objects. For this reason, the transfer of common parts separately from the transfer of separate objects is not legally allowed.
What types of common parts exist?
The law regulates two types of common parts – by nature and by purpose.
Common parts by their nature are those without which the building cannot exist, and hence the separate objects within it could not exist – for example, the foundations, roof, chimneys, trusses, supporting columns, external walls, staircases, landings between floors, downpipes, the ground under the building, etc.
Common parts by their purpose are those without which the separate objects in the building could exist and be used independently, but by the will of the condominium owners these parts are intended for common use and convenience of the residents – for example, the janitor’s room, the laundry/drying room, the elevator system, the yard of the building, etc.
How the percentage ratio of common parts belonging to each separate object in the building is determined?
There are certain ideal parts of the common parts of the building which belong to each separate object. The percentage ratio is determined based on the built-up area of the separate objects in the building.
In new buildings, the percentage of the ideal parts of the common parts is determined by a specific document called “area formation”. If you are buying an apartment in a new building, the percentage of ideal parts of the common parts of the building belonging to your object should be explicitly pointed in your notary deed.
With regard to older buildings, the ownership documents often lack a percentage of ideal parts of the common parts of the building belonging to the respective separate object. In such cases, the law provides a procedure under which this absence can be corrected.
How the management of common parts is performed?
The common parts in condominium buildings with up to three separate objects are managed according to a decision of the owners owning more than half of the objects.
The common parts in condominium buildings with more than three separate objects belonging to different persons shall be managed according to the decisions adopted by the general assembly of the condominium.
Who can use the common parts?
The common parts in buildings under condominium regime are generally used by the owners, users and occupants of the separate objects. No owner, user or occupant shall, by his/her actions, obstruct and/or interfere the usage of common areas by other condominium owners/users/occupants.
Is it allowed for a person to individually own common parts in a condominium?
Neither individuals, nor companies can individually own common parts in the condominium. This is also valid regarding to the so-called “roof terraces” that some investors “sell” to buyers as belonging to the particular separate object that they have purchased, even though this was not expressly provided in the buildings’ architectural plans.
Separate ownership of common parts is possible as an exception – only in respect to certain common parts and after implementing the respective legal procedures and conditions.
IMPORTANT! Common parts cannot be unilaterally occupied/enclosed by neighbors. Common parts cannot be acquired by statute of limitation. Common parts cannot be subject to partition.
Can common parts be rented?
The law does not prohibit the rental of common parts. The case law of the courts is clear that a lease of common parts is allowed. In order such a lease contract to be valid, some legal procedures must be performed.
If you have a case concerning common parts in a building under condominium regime, you can consult with Atty. Dilyan Kolev.