The declaration of division provides the most important information about the use of the Property Valuation.

If you own an apartment, it is important that you are aware of your rights of use and your obligations. The co-ownership regulations and the declaration of division let you know what is part of the common Property  valuation and what is your individual property. As a rule, all co-owners have the right to use those parts which are not explicitly defined as individual property, unless so-called special use rights have been defined.

The declaration of division tells you the exact division of ownership of the residential complex. It defines the rooms and parts of the building that belong to the different property units. These are also registered in the land register.

In accordance with Article 16(2) of the Condominium Law, the distribution of the running costs of the residential complex, such as domestic electricity, administrative costs or waste disposal, is in principle regulated according to the condominium shares. But this same article of law also stipulates that it is possible to deviate from this regulation. Often this is done with the intention of making the cost allocation key fairer for the community of owners.

Thus, you should read the sharing statement carefully and check whether it contains another rule for the allocation of costs. Since the entry into force of the reform of the law on co-ownership on 01.12.2020, it is even possible to decide on the distribution of certain costs or certain types of costs by a simple majority of votes at the meeting of co-owners. Please note, in this case, a distribution key previously defined in the sharing declaration would also be cancelled.

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Allen Brown