Why must there be a condominium association? What rules apply to a condominium association?
Pursuant to the Civil Code amendment applicable from 1 July 2020, a condominium association (CA) shall be established, provided it had not been established earlier, by unit owners in a building comprising at least five units, of which at least four are held by four different owners.” Unless the existence of a condominium association is proven, no other owner’s ownership of a unit subject to transfer may be registered in the Land Register. CAs can be established on a voluntary basis, even in buildings that do not meet the statutory requirements for their mandatory establishment.
A CA is established upon the approval of its Articles of Association in one of the following three ways: in a declaration, made pursuant to Section 1166 of the Civil Code; in an agreement on construction, pursuant to Section 1170 of the Civil Code; or by consensual legal action of all unit owners aimed at its founding, pursuant to Section 1200 of the Civil Code.
A condominium association is a legal entity whose competences are limited to building management.
The existing CA in the building takes care of building management and addresses issues pertaining to common areas and will carry on even while ownership of individual units is being transferred.
