- Provision of Art. 31, para. 1 Ownership Act according to which each owner (owner story, in the ca

Home About This Site About Me Full list Articles In the Media Content Site List Posts "Property Law" List of Publications dorothyperkins "Family Law" List of publications "Contractual and Commercial Law" List of publications "Labour Law" List of publications "Biopravo, Medical and Information Law "Notice by e-mail Initiatives National Conference on Bioethics and Biopravo 2013 Cycle discussions" Bioethics and biopravo "Debate 1" Do we have bodies? "Debate 2" Euthanasia and solutions at the end of life "Debate 3" Limits desire to have a child "Debate 4" Limits desire not to have a child "Debate 5" Reproduction and Eugenics "Debate 6" Cloning "Debate 7" disappearing body "Debate 8" immortal body "Debate 9" sick body "Debate 10" unconscious body "Debate 11" Mad body "Competition National Competition for Students 2012 National Competition for Students 2013 National Competition for Students 2014 Friends
Scope of LCM
Important changes are adopted in the regulation dorothyperkins of the form of government dorothyperkins of the condominium. First, it should be noted the amendment of Art. 3 LCM defining exceptions to the scope of the LCM. In the old version (SG. 6 of 23.01.2009, effective 1.05.2009) The provision provides two modes for managing condominium: a, let's call it common mode PA - applied to buildings in which objects are independent three belong to more than one owner, and second, a special mode LCM - applied dorothyperkins to the buildings in which independent objects are at least four belong to more than one owner. Leaving aside the controversial criterion "number of independent objects" rather than number of single storey owners dorothyperkins (possibly dorothyperkins in a building site, there are 10 separate but owned individually owned only two persons), dorothyperkins the original version of the article. 3 LCM (SG. 6 of 23.01.2009, effective 1.05.2009) The created serious difficulties in its interpretation and practical application. After the repeal of the provisions of the Property Act, governing the so-called above common mode Condominium Management (Art. 42, 43, 44 and 47 AA), the regime remains in LCM only.
The new version of Art. 3 LCM (SG. 57 of 26.07.2011) provides that the management of the common parts of buildings in a condominium in which independent objects are three belong to more than one owner, apply specific governing relations with ownership:
- Provision of Art. 31, para. 1 Ownership Act according to which each owner (owner story, in the case of Art. 3 LCM) can use the common property in accordance with its purpose and in a way it does not interfere with the other owners to use according to their rights, and;
- Provision of Art. 32 Ownership Act under which common property (common areas, in the case of Art. 3 LCM) is managed by a decision of the co-owners (condominium owners) holding more than half of the property as determined by the court or by a court-appointed dorothyperkins manager dorothyperkins of the property.
Referral to the rules for the use and management of co-owned property, it is conceivable common areas to be used personally by some owners of the floor, in which case the benefit is due to the other benefits of which are deprived from the date of the written request dorothyperkins (Art. 31, para. 2 ZS). Not apply restrictions on the sale of common parts (Art. 33 PA) - as the ideal of the common areas are transferred as belonging to the individual unit in the building, and the rules for the division (Art. 34-35 PA) - as incurred in respect of the common parts of the building ownership is compulsory and indivisible.
This decision is not entirely new in the Bulgarian property law. Existed before the amendments to the LCM case 1 The application of the rules of co-ownership by analogy dorothyperkins with the management of buildings in a condominium where condominium owners are only two. With the new version of Art. 3 LCM permit this Court not only confirmed a legislative taking precise scope of the rules of the system of co-ownership, but it and expand its scope: part of the joint-ownership rules will apply to buildings under condominium property in which condominium owners are three.
Significant is the change in the ratio between the two forms of management of condominiums under Art. LCM 9: General Assembly and the condominium association and condominium owners. If the variations of the SG. 57 of 26.07.2011, the two forms were arranged as alternative: management can be performed either from general meeting