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The apartment ownership and apartment owner's association according to the present and newly proposed legislation
Džuganová, Jana ; Salač, Josef (advisor) ; Frinta, Ondřej (referee)
The thesis is concerned with the institute of the flat ownership and legal regulation of apartment owner's association. With respect to the extent of aforesaid theme the thesis describes only selected problems, for example the concept and the content of the flat ownership, the concept of the residential unit, the co-ownership of common parts of the residential building, the character of apartment owner's association, its legal personality, membership in apartment owner's association and its organizational structure. The thesis was prepared before the effectiveness of the Civil Code No. 89/2012. That is the reason why the thesis is focused on legislation effective before the effectiveness of the new Civil Code. The thesis is at the same time focused on the new Civil Code content. The objective of the thesis is among others to refer to defects of legal regulation of the flat ownership and apartment owner's association contained in the code No. 72/1994, the Flat Ownership Code. Afterwards the thesis describes how are the objective matters regulated by the new Civil Code. Another aim of the thesis is to find out how and in which way does the new legislation resolve the defects of the previous legislation.
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The governing bodies of the association of owners of (residential) units and their decision/making
Holá, Kateřina ; Oehm, Jaroslav (advisor) ; Eichlerová, Kateřina (referee)
This thesis deals with the governing bodies of the association of unit-owners and the way of their decision-making. It is focused on usual interpretative problems, which appear in practice in association with this problematic . An association of unit-owners is an legal entity, which originates on the grounds of The Act of Housing Property. Its existence is always connected with a concrete building divided into residential (in some cases also nonresidential) units. Membership in the association of unit-owners is inseparably linked to the ownership of each unit in this building. The Act of Housing Property also establishes that the association of unit-owners has only special legal personality. It means it can execute that kind of discretions and duties which deal with an object of their activities, such as administration, operation and repairs of common parts of the building (in case The Act of Housing Property states, also other associated activities) - this whole area is called administration of the building. The Decree of the government, which issues the model statutes of the association of unit-owners, offers more exact features of the activities, rather than The Act of Housing Property. These activities can be summed up as the building administration. Chapter one and two of this thesis deal with...
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Comparison of the Legal Protection of Rights of Shareholders in Housing Cooperatives and Owners in Homeowner Association
Matoušková, Jana ; Oehm, Jaroslav (advisor) ; Horáček, Tomáš (referee)
The legal orders of almost all countries strive to create suitable conditions to ensure basic human need of housing. The aim of this work is to provide analysis and comparison of the protection of rights of members of housing cooperatives and owners in the homeowner asscoiation, both in relation to members of those bodies mutually and among members and the entity. At the beginning I briefly deal with the historical development of the legislation of both institutes, which shows the long tradition of co-operatives in the Czech Republic in comparison with modern regulation of homeowner associations. Subsequently I studied their legal status under current law. The main part of this thesis is contained in Chapter III which provides an overview and analysis of basic rights and their protection. Namely, Section 2 of the same chapter concerns with the rights associated with the creation and termination of membership in the legal entity, where the basic difference is that membership in the housing cooperative is voluntary, while in the homeowner association it is established by law. The issue of transfers of cooperative apartments to private ownership of former cooperative members is outlined. Section 3 is devoted to the method of forming entities will, therefore, the manner of appointment and...
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Rights and duties of a member of the association of owners of (residential) units
Šebesta, David ; Oehm, Jaroslav (advisor) ; Černá, Stanislava (referee)
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...
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Unit Owners Association as a Subject of Law: (A Comparative Study of the New Civil Code Bill)
Vohnická, Veronika ; Oehm, Jaroslav (advisor) ; Plíva, Stanislav (referee)
Unit owners association as a subject of law (A comparative study of the new civil code bill) The purpose of my thesis is to analyse current legislation regarding apartment ownership which incorporates provisions regarding unit owners associations and compare it with the new Civil Code bill which will incorporate these provisions in the future. The methodology is primarily critical analysis. I explain the main problem by way of practical examples. The reason for choosing this subject of research is its topicality and the large numbers of people who live in apartments in the Czech Republic who are required to be members of unit owners associations. The thesis is composed of six chapters, five of which deal with various elements of the provisions regarding unit owner associations. Following these chapters, I look at the new Civil Code bill. The final chapter describes some provisions which apply outside the Czech Republic. Chapter One explains the legal status of unit owners associations as a legal entity and their characteristics. The chapter is subdivided into three main parts. Part One deals with the extent of the association's legal capacity. Part Two describes who represents the association and Part Three concerns the register of unit owners associations. Chapter Two describes the creation and...
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Articles of apartment owners association
Levý, Jan ; Oehm, Jaroslav (advisor) ; Horáček, Tomáš (referee)
THESIS SUMMARY: ARTICLES OF APARTMENT OWNERS ASSOCIATION The thesis deals with the regulation of apartment owners associations in the Czech Republic, in particular, with the articles of association of such legal entity. The paper is divided into three parts. The first part focuses on the Czech statutory regulation (especially The Act on Ownership of Apartments No. 72/1994 of Collection of Laws, and The Government Order No. 371/2004 Coll.) of the apartment owners association in general. There has been provided a short survey of the historical evolution of the ownership of apartments in the world as well as in the Czech Republic and a short depiction of the approaches on apartment ownership models - Anglo-Saxon-French and German Models. Greater attention in the first part is given then to the legal entity of apartment owners association. It examines the foundation and dismissal of the association, its legal capacity (and limits given by law), the membership in such association, and its bodies - assembly, statutory body, and other optional bodies. The second part is devoted to the articles. It is always necessary to examine the articles in light of the current legislation, which greatly affects the content of the articles. In the beginning of the second part, short characteristics of the articles is given,...
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Comparison of Contemporary Legislation of Basic Institutes of Condominium Act in Czech Republic and Germany
Sčensný, Jozef ; Oehm, Jaroslav (advisor) ; Eichlerová, Kateřina (referee)
Comparison of contemporary legislation of basic institutes of condominium act in Czech Republic and Germany The work focuses on explaining the basic concepts which limit the whole legislation and position of homeowners' association (HOA) as a legal entity which is responsible for keeping the house. The first chapter deals with the theoretical concept behind the condominium. How does it differ from the common ownership and what are other similar concepts. Legal orders of both countries (Czech Republic and Germany) stand on classical concept of a thing. In this context the apartment cannot be a thing because it lacks independence from other things - they cannot exist outside a building (which is a thing) and therefore they cannot be legally transferred. In my opinion the current law stand on dualistic theory, where the unit is primary and the co- owner share in building and parcel are accessorial to the unit. In Germany there is a ruling principle of superficies solo cedit. That means a building is part of land and cannot be legally transferred without the land underneath. In German theory the ownership of flats constitutes a unity of three elements: co-ownership (on land), exclusive ownership (on unit) and membership in HOA. The second chapter outlines the terms which appear in the following text and which...
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Ownership of flats and non-residential premises in relation with Act No. 72/1994 Sb.
Holejšovská, Kateřina ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
I dedicated my thesis to the matters of flat ownership in Czech Republic. I chose the topic not only because it is my area of interest, but also because it is an acute problem, which impacts more than 1.5 million of Czech citizens. During the 17-year existence of the legislation and despite 13 amendments of the legislation, its application is often unclear. In my opinion, the legislation lacks sufficient regulations of the following: the establishment of a unit owners association, ensuring a proper management of unit owners association executive organs. In addition, some institutes have not been legislated but only regulated by secondary legislation - a Model Article - that however does not have to be adhered to by a unit owners association. In many cases, vague regulations or issues that have not been legislated, had to be resolved by judgment. First chapter provides an overview of the subject and the scope of the Flat Ownership Act (Act) and its concept and correlation with other acts, particularly the Civil Code. The second chapter discusses various types of establishment of flat ownership. The third chapter discusses various types of abolishment of flat ownership, including expropriation. The fourth chapter is dedicated to the amendment of the Act and acquisition of legal personality, that is...
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Ownership of flats
Stehlík, Václav ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
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...
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Comparison of the legal regulaltion of residential cooperatives and unit owners' assotiations
Gajdošíková, Jarmila ; Oehm, Jaroslav (advisor) ; Horáček, Vít (referee)
This thesis deals with two legal forms of housing. These are residential cooperatives and unit owners' associations. The thesis deals with these two forms advisedly. The text will be divided into several parts - at first the historical process of both forms because it's routes influent the contemporary legal framework, the description and the analysis of both forms, the analysis of basic topics with implemented decisions of czech courts. The main method is the comparative method which is very proper and it shows points of views how to compare these two topics. The intention of the thesis is to analyse and compare the contemporary legal framework of residential cooperatives with unit owners' associations.
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