Ownership of Flats Summary In his diploma thesis "Ownership of Flats", the author focuses on applicable law of flat ownership in the Czech Republic, especially the Flat Ownership Act 72/1994 Sb. The author puts the contemporary regulation in historical context; he describes the theoretical principles underlining the current applicable law and defines in detail the basic legal terms used by the Flat Ownership Act. Original and derivative forms of flat ownership acquisition are explained, namely a contract of construction, a contract of sale and a so-called declaration of the house owner. Forms of cessation of flat ownership are briefly described. The author provides an analysis of general owner's rights and specific owner's rights and duties regulated by the Flat Ownership Act. A significant part of the thesis is dedicated to the analysis of the legal framework regulating the legal entity of commonhold association, the residents' management corporation. Provisions of the Flat Ownership Act regulating the internal organisation of commonhold association are critically discussed in relation to the rights and duties of the respective flat owners. The author points out the shortcomings of the statutory regulation of the commonhold association's internal structure and describes practical problems caused by these...

Flat ownership The theme of this thesis is flat ownership. The author has chosen this theme because it is very current and from the legal point of view also very interesting issue, which affects the major part of the population of the Czech Republic. The main objective of this work is to analyze the Institute's flat ownership in terms of the Flat Ownership Act. Furthermore, to highlight some problematic points in the regulation of housing ownership, to comment and suggest possible solutions with regard to case law and opinions of authors specializing in issues of housing ownership. This work consists of eight chapters. The first chapter deals with basic theoretical concepts of flat property, important for understanding the specific nature of the Institute's flat property. Such basics also may serve as a guide for policymakers in the design of legislation on housing. Then continues the second chapter, which talks about the concept of law based on flat ownership, its applicability and relationship to the Civil Code and other regulations. The third chapter focuses on the definition of specific terms related to the issue of flat property, such as: building, section, house, unit, flat, flat under construction, floor area of a flat, common space in building and land. The following fourth chapter is...

Rights and duties of the member of Flat owners association The purpose of my thesis is to focus on applicable law in the Czech Republic, particularly the Flat Ownership Act 72/1994 Coll. and analyze the rights and duties of the members of Unit owners association. The reason for my research is that the flat ownership and housing is one of the most important sector which affects the general public. The thesis is composed of three chapters, each of them dealing with aspects of flat ownership. Chapter one informs about historical context of housing and tries to introduce the flat ownership in general. Thesis provides information about contemporary regulation and also about relevant provisions of new coming civil code which will be applicable by 1 January 2014. Next chapter is introductory to Flat owners association and defines basic terminology. It explains a legal framework regulating the legal entity of the association and regulation of common property management. Including the internal structure and describes some relevant issues in respect with Flat owners association. Last chapter is most significant part of the thesis. The main aim is to analyze the rights and duties of flat owners and especially the members of flat owners association. The thesis concentrates on problems resulting from this...

My diploma thesis deals with the issue of owner occupied housing in the Czech Republic. Attention is paid to the general importance of the provision of housing with emphasis on the social, economic and especially the legal aspects with respect to the rights that are granted by the Constitution and the Bill of Rights. It describes in brief the development of flat ownership since the 60's and the role of the state in the housing policy, particularly with the aim to bring attention to the existing legal regulation of this area -- the Flat Ownership Act. The main part of the thesis focuses on the legal regulation of flat ownership which draws on the dualistic concept of house co-ownership and the related ownership of a housing unit (apartment or non-residential area). Emphasis is put on the legal status of flat owners, the summary of rights and obligations that arise from ownership of a flat as a specific subject of property ownership. The ways in which flat ownership rights are formed are presented with regard to the consequences of the ownership rights being entered in the Land Registry. The creation, operation and the position of a Home Owners Association, a body corporate, which is established by law to manage dwelling houses, is presented particularly in relation to a specific flat owner. In this respect, as well as in other sections, the thesis follows the practice of the Constitutional Court and the Supreme Court that has considerable effect on the interpretation of law and the protection of rights and obligations pertaining to particular owners in exercising their property rights.

The objectives of this thesis are to establish the fundamental principles in the field of 3D property rights by studying such systems in different countries with a particular focus on management questions, to systemize the acquired knowledge and demonstrate different ways of dealing with key factors essential to a well-functioning 3D property rights system. A theoretical background to the 3D property concept is given by presenting proposals as to a definition of 3D property and a classification of the primary forms of 3D property rights examined into specific types and categories, as well as an overview of international 3D property use. A general description of the characteristics of 3D property, with a focus on the condominium form, is also presented. A presentation of three different 3D property rights models is given as exemplified by the countries investigated, including the independent 3D property model in Sweden, the condominium form model in Germany, and a combination of the independent 3D property form and the condominium form as evidenced by the legal systems of two Australian states, New South Wales and Victoria. It has been possible to discern from this study a number of key factors related to 3D property rights that seem to be common for most forms and systems. These include the delimitation of property units, the content of the definition of common property, the creation of easements, the forms of cooperation between property units, management and regulation issues, as well as the settlement of disputes and insurance solutions. The problems experienced within the 3D property systems studied to a large extent have concerned issues within these mentioned key areas, where the management aspect seems particularly difficult. Changes in society and the creation of new development forms to a large extent have also contributed to the need for statutory amendments. More or less substantial amendments have been required in both the Australian and German statutes studied, with shortcomings still remaining after many years of use. However, these systems in general seem to be working well, and the condominium form in particular seems to be a well-functioning concept. Based on these systems, it has been possible to discern a tendency that the more detailed and complex the legislation, the greater the need for gradual amendments. In conclusion, it would be of benefit for countries planning on introducing a system for 3D property rights to utilize the experiences of other countries, while not forgetting to consider differences in legal systems, society, etc. / QC 20100812

Evaluation of condominium legislation Abstract This diploma thesis deals with evaluation of current status of condominium legislation, as it is present in Civil code, its implementing government decree, apartment ownership act and other related legislation. The thesis focuses on evaluation whether the current state is usable by general public, that is by people not equipped with legal education and without the knowledge of related case law, as well as on pointing out the application difficulties that result from unclear or impractical settings in some areas. Such application difficulties are documented by discussions and faulty acts of public administration. The first main topic is division of single object of ownership - the house to individual objects - units. This part deals with the two parallel definitions of units, their mutual differences, questions related to ownership of some parts of the house. Following is the part dealing with common parts, including the question if some parts can be owned by only some of the co-owners of the house, and the question of what is the regime of land around the house. The second main topic addressed is the rights and obligations of unit owner and the way common parts are managed. This part discusses the lack of clarity in the possibility to use common parts and...

A significantly large stock of housing has been realised In Turkey during the past five decades, building the cities almost entirely anew. This has shifted the central concern from production, design and ownership issues in the housing sector to that of housing management. The major problem in housing for the coming decades is not how to maintain the growth of the stock further, but how to efficiently use and improve the existing assets. Currently, no central or local authority is responsible for the management, running or control at any scale, but only the residents and property owners responsibilities exist at the individual plot scale. There is evidence of greater efficiency however, for the need of housing management at supra-plot scales. The hypothesis of the study in this context is that no part of the stock is without problems in terms of management. This is empirically investigated by two complementary analyses based on two distinct surveys. The first analysis demonstrated that the role of tenure and income on expenditures on housing, especially expenditures for repairs and maintenance are dominant. A three-fold difference is observed between tenants and owner-occupiers, and 10 times between households of highest and lowest incomes. Expenditures for repairs and maintenance is 1.9 times greater in the apartment stock and 1.2 times more in the &amp / #8216 / gecekondu&amp / #8217 / dwellings than in individual &amp / #8216 / houses&amp / #8217 / . Lowest levels of expenditures are observed in oldest part of the stock, in less developed neighbourhoods, and in stock with lowest rental values. According to the results of the second analysis, organisational tendencies of household groups varying in their characteristics are not sharply differentiated as in their expenditures. One most significant factor is tenure. Tenants are observed to have a weaker sense of dedication and identity in the dwellings they occupy and in neighbourhoods they live. Current management problem issues could then be identified as: low-income households, tenant households, stock with low rental values, aged stock and undeveloped neighbourhoods. Some of the most significant policy tools for tackling these problems are credit opportunities to be made available to households for repairs and maintenance in such problem areas, subsidies in terms of tax deductions, material incentives, technical support and public investments in degraded localities to boost economic activities which are eventually to initiate private investments.

The aim of the thesis is to analyse a legal enviroment about the ownership of a flat in various forms. The goal is to provide the reader with advantages and disadvantages of each of that forms. The thesis is composed of five main chapters. First two chapters are devoted to a short summary of both the cooperative and non-cooperative form of ownership of a flat. After the evaluation of existing legislation in historical context, the following text is focused on fundamental and also application-often problematic legal institutes. View of the academic and judicial community is provided as well. Chapter three analyzes the procedure of transformation of a housing stock after the velvet revolution in 1989, when the economic and political situation has significantly changed and all legal relations has to adopt to new times. This chapter explains the legal way of transferring flats from cooperative to non-cooperative ownership and conditions to be fulfilled. Chapter four compares these forms of ownership on the background of major legal institutes and highligts or warns on the other hand about challenges arising in connection with the appropriate form of ownership. In the last main chapter, several amendments on new legislature are critically assessed, pros and cons are described and some thoughts are pointed out...

This thesis deals with transfers of flats from housing cooperative to their members. The thesis tries to describe the process of tranfers of cooperative owneship especially regarding is specific aspects which feature and follow these transfers. The thesis is devided into seven chapters. First chapter summarizes basic periods of historical development of flat cooperative. This historical excursion, particularly period after 1945, is important also due to using of some of the terms in following chapters and it is also important for its infuence on following property relationships. Sources of law reflecting issue of transfers of flats from housing cooperative is listed in second chapter. It is not a complete list. It mentiones only the most important ones that regard to flat ownership, rights and obligations necessary fort he transfers, relationship between previous and present legulation. Chapter three contents characteristic of individual subjects of this civil relationship. Most of this chapter dedicated to a member - tenant of housing kooperative. Also this chapter compares previous and present regislation. Specification of housing cooperatives is given in the forth chapter. As well as two previous chapters also this one gives comparison between previous and present legislation. It says the...