Apartment buildings
Various rights and obligations are involved in owning or living in a multi-owner building which are apartment buildings containing apartments that are owned by more than one party.
Multi-owner buildings
Rules on multi-owner building addresses, among other things:
definitions of private property and jointly held property,
conduct in close quarters,
residents' associations and their activities and
joint residents' association funds and division of costs.
A residents' association consists of all the owners in a multi-owner building, and need not be especially or formally established.
The owners of multi-owner buildings are under obligation to participate in the activities of residents' associations.
All decisions relating to the operation, maintenance and arrangement of jointly held areas shall be made at residents' association meetings.
Particular rules apply to calling meetings, voting and other issues relating to decision making.
A joint residents' association fund shall be established to pay for joint costs, if at least 25% of the owners request it. A joint residents' association fund must have its own account.
If there is any dispute between the owners of a multi-owner building as regards their rights and obligations, an opinion may be sought from Housing Affairs Complaint Committee. The procedure is free of charge for the parties.
Joint ownership agreements
The owners of apartment buildings are obliged to prepare a joint ownership agreement for the building. These form the basis for the rights and obligations of each owner.
The joint ownership agreement contains information on the division of a building into private property and jointly held property, the share of each and participation in costs.
Property in multi-owner buildings may not be sold until a joint ownership agreement has been prepared.
Anyone preparing a joint ownership agreement must have a permit from the Minister of Social Affairs.
Remember
Have a joint ownership agreement prepared and register such an agreement.
Make decisions on issues relating to jointly held property in accordance with regulations on residents' associations.
Establish a joint residents' association fund with its own State Reg. No and bank account, if the appropriate number of owners so request.