Apartment owner's rights over joint parts of a building

Abstract

After introductory remarks on the notion of apartment ownership and some terminological clarifications, the article sets out regulatory framework of this institute in the Republic of Serbia. Attention has been laid to the currently relevant regime of joint parts of a building established by Housing and Building Maintenance Act from 2016. Examining components of the notion of apartment ownership is followed by an in-depth analysis of the issues relevant for the joint parts of the building: notion, apartment owners' rights with regard to these parts of the building (including their duties and responsibility) along with the modes of their disposing. By pinpointing essential features of the indivisible joint ownership rights of apartment owners over joint parts of the building, decision making process aimed at changing the purpose of those parts in case of their disposing has been elaborated. Ultimately, an overview of the pre-transfer right of apartment owners has been given.

Keywords

• apartment ownership
• specific part of a building
• joint parts of a building
• indivisible joint ownership
• pre-transfer right