Professional Documents
Culture Documents
I.
owner of land, owner of building no separate property in land and buildings or part of building
threefold unity
owner, co- owners, members of management corporation
Commercial condominiums
Shops, warehouses, motels, parking garages Sao Paulo, Rio De Janeiro 80% apartments commercial; Lucky plaza Orchard Street
Industrial condominiums
Each floor different industry: chemical substances; engineering tools; medical instruments
Mixed condominiums
Multiple use: residential, professional, industrial, commercial; one building not undertaker and medical clinic
UNIT/APARTMENT
Parking garages
Commercial structures without any walls; parking spaces in parking garage: clearly demarcated
Neon signs
Stratum need not be cubic space: Comm. units
III. ESTABLISHMENT OF CONDOMINIUMS Condominium plan Condominium register in Land Register IV. PHASED DEVELOPMENTS single phased developments
first generation statutes: buildings must be sufficiently completed for occupation; if sale before stringent consumer protection measures: escrow; restricts adaptability, cash flow i. smaller initial outlay; ii cash flow eased; iii adapt to market demand; iv better land utilization; v purchaser: better facilities, amenities
convertible land
building on undeveloped land
additional land
withdrawable land
financial diff. impossible to complete scheme Quid pro quo for flexibility: time-limit; sufficient disclosure of physical and legal aspects of project
Consumer protection
3. Leaking roof
SA median line: Sing: common property
Share value determines Share in common property Contribution to expenses Value of vote at general meetings Formulae employed Equality Relative size (Floor area, cubic area) Relative value (market value) Developer: just and equitable
Obj. utility: size, components, location, proximity to c.fac. Tested by Commissioner in Sing., Valuer-General in NZ
Relative contributions
Service test: frequency of use: lifts, swimming pool, common heating and airconditioning installations Singapore: unanimous resolution Periodic reallocations: NSW by Surveyor-General in unreasonably made Alaska: Periodic appraisal due the changing circumstances New highway at back cutting off clear view of the sea, land acquisition of parking spaces
Virtually unalterable
Limitations Nuisance
Excessive noise, smells, overflow of sink; life intolerable
Refuse disposal
Dry container
Animals
Consent of executive committee, number controlled 1dog, 2 cats, 11goldfish
Noise
Characteristic features Destructible building Structurally interdependent lots Intensified community life Permanent nature (at least 80%) More than mere lease
VIII. ENFORCEMENT OF OBLIGATIONS A. Financial obligations:contributions No vote: name and shame Fine: S$ 10,000: Draconian, absentee landl. Small Claims tribunal: cheap & quick Charge on unit in favour of m.corp. Attachment and forced sale B. Social obligations: adequately clothed, no offensive language or behaviour underpants, threats; shouting abuse fine (S$ 1000), no vote compulsory sale of flat
Germany, Switzerland, Austria: life unbearable, special resolution, priv sale, public sale warning, resolution, court proceedings possession for up to 3 years & family: not affect other ownership rights.
units:20%; within hour Sing.2 in person; SA proxies, some systems: one person, 25% of vote
appointed by
How democratic is general meeting? One lot, one vote: one owner, one vote Poll even after result, according to value: loaded Non-proprietors: spouses, mortgagees, lessees, children (Mandela
16); economic interests, social interests, temperature of pool; when barbeques on the lawn?
European Codifications Superficies solo cedit; only France (art 664) and Spain
Need statutory foundation to legitimise and to regulate in more detail; legitimate basis for providing title to apartments Especially after world wars European states World Wars Belgium (1924), Greece (1929), Italy (1935), France (1938), Austria (1948), Netherlands (1951), Germany (1951), Spain (1939), Switzerland (1963), Turkey (1965), Denmark (1965) + second generation statutes (Catalonia Act (2007) British Commonwealth Australia: New South Wales Conveyancing (Strata Titles) Act (1961), Canada (1966), Singapore (1968), South Africa (1971), New Zealand (1972), Malaysia (1985), England (Commonhold & Leasehold Reform Act (2002),
Half of Act deals with insolvency of the management corporation Codified 300 years of case law on condominiums: with little
modernisation
United States Puerto Rico (1958); Federal Housing Act (1961); first generation statutes (1969 all 50 states); shortcomings (terminology, diversity, skeletal); Uniform Condominium Act (1977);
National Commissioners of Uniform state laws: devoted to obtain uniformity; prepare uniform laws to be adopted by separate states: Uniform Condominium Act (1977) Bar Association (1978); 1980 minor amendments 14 states;
Uniform Common Interest Ownership Act (1982); Amendments (1994) Latin America Spanish & Portuguese influence Brazil (1928), Chile (1937), Argentina (1948), Cuba (1952), Mexico (1954), Venezuela (1958), Bahamas (1965), Nicaragua (1971), El Salvador (1972), Haiti (1975) Socialist Europe Hungary (1924), Poland (1934) (1994), Yugoslavia (1959), Soviet Union (1961), Czechoslovakia (1966) Leasehold rights to buildings; qualified persons; limited space; commerce restricted: no profit; if children out of house move to smaller apartment Other countries - Israel (1952, 1961, 1969), Lebanon (1962), Japan (1962), Zaire (1977), Korea (1984), United Arab Emirates (Strata Title Act 2007); Dubai (Strata Titles Act 2008) III. BASIC STRUCTURE OF CONDOMINIUM Three-fold unity Owner of unit Joint owner of common property Member of management corporation IV. REASONS FOR INTRODUCING CONDOMINIUM alleviate housing shortage
increase in population; escalating building costs; scarcity of land in vicinity of major city centres
social staus of home-ownership spread to larger segment of population; bind people to a fixed abode; economic, social and political stability; post war Europe resettling of refugees and homeless families
closer social life, additional amenities, security replanning, redevelopment of city centres
new motorways, underground systems
7. public housing, housing for employees IV. USES OF CONDOMINIUM residential condominiums
high-rise, low-rise; maisonettes, duplex apartments; semi-detached housing; conversion of old rental apartments and houses into condominiums; duos, trios
Commercial condominiums
Shops, warehouses, motels, parking garages Sao Paulo, Rio De Janeiro 80% apartments commercial; Lucky plaza Orchard Street
Industrial condominiums
Each floor different industry: chemical substances; engineering tools; medical instruments
Mixed condominiums
Multiple use: residential, professional, industrial, commercial; one building not undertaker and medical clinic
Condominium statutes geared to residential schemes: boundaries; allocation of quotas; termination of schemes; improvements & modernisation; reorganisation of units (but see s 1-207: non-residential may opt out) V. ALTERNATIVES A. LEASE not so much security of title as with ownership
can be evicted by owner; (rent-control); owner cannot be evicted by anyone; both has real rights in most countries
restricted use
But:
commonly not recorded and dependent on landlord and tenant law, corporate law and trust law ot other law peculiar to form in which cooperative was organised.
stockholding in corporation plus use agreement covenants, conditions restrictions, by-laws, proprietary lease enforceability
Differences, Disadvantages (v. Condominiums) not real right in apartment or common amenities
cooperative and not in owners
NB financial interdependence stock (share) certificate as security for a loan? company do not strive for harmonious residential community History 1882 (Barrington: New York); 1st World War (housing shortage);
New York, Chigaco, Southern California
Today: middle and low income groups Housing projects of USA Dept. of Housing & Urban Dev. Need for legislation 1. Corporate law, no enabling statute, scant regulation and little consumer protection 2. Adoption of Uniform Condominium Act (UCA): need for common regulation Model Real Estate Cooperatives Act (1981) Goals: 1. parallel UCA greater consumer protection easier financing
maintenance of historical legal structuring Features: 1. home owners association residential cooperatives (not commodity, marketing, consumer services) 3. essentially residential (industrial, commercial?) C. PLANNED UNIT DEVELOPMENTS What (CLUSTER HOUSING)
multi-unit residential planned community; common facilities; home owners association zoning concept at local level clustering zoning mechanism by local authorities Differences (v. Condominiums) title to units title to common elements (facilities)
served by common area facilities owned and operated by the homeowners association; under commo law without benefit of statutory enablement.
use of units, common facilities restrictions on design, common facilities Need for legislation issues addressed on ad hoc basis parallelism with UCA Uniform Planned Community Act (1980) D. UNIFORM COMMON INTEREST OWNERSHIP ACT (UCIOA) (1982, 1994) Reasons for introduction: confusing uniformity consolidation with preservation of differences relatively simple states wide range of choices
uniformity amongst all three types of multi unit ownership; simply by
consolidating the 3 prior Acts and adding a few generic definitions;n common interest community; section numbering system completely parallel;
VI. REQUIREMENTS: BUILDING AND LOT Building Lot Modern kinds of developments Vacant site condominiums Dockominiums Air space condominiums (lollipop) Parking garages Neon signs PROPIEDAD HORIZONTAL I. INTRODUCTION
no separate property in land and buildings or part of building
threefold unity
owner, joint owners, members of management corporation
Lot
Parking garages
Commercial structures without any walls; parking spaces in parking garage: clearly demarcated
Neon signs
Stratum need not be cubic space: Comm. units
first generation statutes: buildings must be sufficiently completed for occupation; if sale before stringent consumer protection measures: escrow; restricts adaptability, cash flow
additional land
withdrawable land
financial diff. impossible to complete scheme Quid pro quo for flexibility: time-limit; suff. disclosure of physical and legal aspects of project
Consumer protection
I More extensive powers; ii responsibility for maintenance; iii insurance: double insurance
3. Leaking roof
SA median line: Sing: common property
Proportionate contribution
Expenses for management, maintenance and repair General meeting
Relative value
Singapore: unanimolus resolution Periodic reallocations: NSW by Surveyor-General in unreasonably made Alaska: Periodic appraisal due the changing circumstances New highway at back cutting off clear view of the sea, land acquisition of parking spaces
Limitations
Nuisance
Excessive noise, smells, overflow of sink; life intolerable Stat. easements: support, shelter; passage: pipes, ducts
Outside windows
Part of external wall: no advertisements etc
Balconies
Consent of trustees, number controlled 1dog, 2 cats, 11goldf Not between 11pm and 7am
Noise
Until terminated by court or unanimous resolution Landownership. Planning, environmental,peculiar type My flat is my castle, home sweet home
VII. ENFORCEMENT OF OBLIGATIONS Financial obligations:contributions No vote: name and shame Fine: S$ 10,000: Draconian, absentee landl. Small Claims tribunal: cheap & quick
Social obligations: adequately clothed, no offensive language or behaviour underpants, shouting abuse fine (S$ 1000), no vote compulsory sale of flat
Germany, Switzerland, Austria: life unbearable, special resolution, priv sale, public sale
over 50 units:20%; within hour Sing.2 in person; SA proxies, some systems: one person, 25% of vote and immediate family; love and charity; high duty of care by council, Germany profess. expensive
How democratic is general meeting? One lot, one vote: one owner, one vote Poll even after result, according to value: loaded Non-proprietors: spouses, mortgagees, lessees, children
(Mandela 16); economic interests, social interests, temperature of pool; when barbeques on the lawn?