CONDOMINIUM MANAGEMENT AND SUSTAINABLE HOUSING DEVELOPMENT
DOI:
https://doi.org/10.30925/zpfsr.43.3.1Keywords:
etažno vlasništvo; održivi razvoj; redovita uprava; izvanredna uprava; elektromobilnost; građevinske promjene; obična većina; kvalificirana većinaAbstract
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.
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