Original scientific paper
https://doi.org/10.30925/zpfsr.43.3.1
CONDOMINIUM MANAGEMENT AND SUSTAINABLE HOUSING DEVELOPMENT
Tatjana Josipović
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Legal systems that served as a model for Croatian condominium regulation
have recently reformed their rules on condominium management. New
management models are being introduced that are grounded in a different set of
rules for condominium owners’ decision-making. The main goal of condominium
management is moving toward sustainable development of housing based on energy
efficiency, use of renewable energy sources, and electromobility. In the Republic of
Croatia condominium management has not fundamentally changed in the last 25
years since the passage of the Act on Ownership and Other Property Rights. The
traditional rules on condominium management cannot meet all of the needs of
modern housing and efficient real property management, particularly in the area of
extraordinary management that is currently in Croatia based on a unanimous vote
by all condominium owners. A particularly vexing issue is the one of managing
older buildings whose reconstruction and modernization require a multitude of
extraordinary management tasks. The problems related to decision making for
extraordinary management tasks have thus become apparent in post-earthquake
reconstruction proceedings. This is why special legislation often introduces
exceptions to the rule requiring a unanimous decision of the condominium owners
for extraordinary management tasks and introduces a different set of rules on
required majorities for various management decisions. However, thorough regulation
of legal relationships between condominium owners in case a majority vote (simple
or qualified) is used for decisions about certain extraordinary tasks is still missing.
It is important to approach the problem of condominium management in a different
way, and not simply by prescribing exceptions to unanimous decision making about
extraordinary task. The purpose of this paper is to define the possible avenues of
a thorough reform of condominium management rules in Croatian law that may
contribute to efficient real property property management.
Keywords
condominium; sustainable development; ordinary management; extraordinary management; electromobility; reconstruction; majority decision; unanimous decision.
Hrčak ID:
287818
URI
Publication date:
20.12.2022.
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