Izvorni znanstveni članak
https://doi.org/10.30925/zpfsr.47.1.3
The Legal Status of the Condominium Association in the New System of Condominium Management
Hano Ernst
; Svečilište u Zagrebu, Pravni fakultet
*
Tatjana Josipović
orcid.org/0000-0002-6563-2768
; Sveučilište u Zagrebu, Pravni fakultet
* Dopisni autor.
Sažetak
The new Act on the Management and Maintenance of Buildings introduces an entirely new regulatory framework for the condominium association, which is, for the first time in Croatian law, recognised as a legal person. This represents a major departure from the previous system under the Ownership and Other Property Rights Act, under which the condominium collective existed solely as a group of co-owners without legal personality. Croatian property law thus adopts a dualistic structure, comprising a traditional model shaped by Austrian law, which does not recognise the condominium association as a legal person, and a new model that moves closer to the French system. The new framework is primarily intended to facilitate the management and maintenance of buildings, since the conferral of legal personality enables the condominium association to participate more easily in legal transactions, both in relations among the co-owners themselves and in dealings with third parties. Nevertheless, the new framework exhibits a number of shortcomings. The introduction of limited public access to the register of condominium associations constitutes a serious deficiency, as it calls into question the legal effects vis-à-vis third parties. Another significant flaw lies in the regulation of the condominium council, which in certain situations may allow a minority to impose its will on the majority, which is unacceptable. In addition, the new system lacks clear legal remedies and procedural mechanisms for the protection of outvoted co-owners, particularly in situations in which substantial financial obligations relating to building maintenance are imposed against their will, or in which their ability to carry out activities within their individual units is restricted. Although the new regulation of the condominium association constitutes a welcome and, in principle, well-conceived reform of Croatian property law, the Act – partly as a result of a superficial or hasty legislative approach – contains numerous ambiguities and several questionable choices. These deficiencies will need to be remedied through future legislative amendments in order to fully align the system with the needs of practice and the fundamental principles of modern real estate law. The paper, structured into seven sections, systematically examines all key issues relating to the new regulatory framework governing the condominium association in the context of building management.
Ključne riječi
condominium; condominium association; management.
Hrčak ID:
346124
URI
Datum izdavanja:
15.4.2026.
Posjeta: 274 *