Condominium : comparative study and recommendations

Abstract

The purpose of this thesis is to give an overview of the general aspects of condominium law from a comparative perspective. The thesis is divided into sections and not into chapters. In the opinion of the author condominium law should be divided into at least three sections, one generic, the other regulating the common part as distinct from the exclusive parts and the other regulating the administration, management, and the effective running of the condominium. A historical review of the development of condominiums together with the evolution of condominium law, and a brief review of the major theories and doctrines which have left their mark on the development of condominium law are tackled in Section I. Reference is especially made to Italian scholars in discussing the various theories. In Section II and Section III the method of presentation differs. Each subject is first tackled from a comparative perspective, then the proposals of the Bill are put forward, followed by a brief discussion on the doctrinal and practical aspects on the general principles involved and the foreign jurisprudence on the matter. Section II deals with the most important aspects relating to the common parts and exclusive parts of a building in condominium. An identification of the common and exclusive parts is followed by a study on the permitted use of the common and exclusive parts, followed by the different regulations regarding the maintenance, insurance, and destruction of the common and exclusive parts and facilities-: Clearly, throughout this Section the emphasis is mostly on the common parts but reference is made to the exclusive parts whenever their use and enjoyment may effect the use and enjoyment of the common parts. Section III deals with the management of the condominium. It explains the constitution of the assembly and the functions denoted to it, and the appointment of the administrator and the powers-duties conferred upon him. This is followed by a short comparative analysis of the effective measures that may be taken against the dissenting condominums and a brief consideration of the resolving of disputes outside the courtroom. The thesis is concluded with some recommendations which hopefully could be considered before the enactment of the condominium law. Special reference is made to matters where the author does not agree with the proposals found in the draft Bill or the Bill. All matters which in the opinion of the author are adequately regulated in the Bill are not suggested by the author. Undoubtedly they are recommended. One of the problems encountered by the author is the vastness of the subject. It is the modest intention of the author to present a general idea on condominium regulation, and to show the importance and need for specific studies on particular aspects of condominium law. It is a very dynamic law, and once it is introduced it will certainly evolve very rapidly, as has already happened abroad.