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Co-ownership shares in condominium: a comparison across jurisdictions and standards
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2018 (English)In: Proceedings of the 6th International Workshop on 3D Cadastres / [ed] Peter van Oosterom and Dirk Dubbeling, Copenhagen: International Federation of Surveyors (FIG) , 2018, p. 217-242Conference paper, Published paper (Other academic)
Abstract [en]

Condominium is one of the prevalent forms of three- dimensional (3D) property rights (Paulsson, 2007, p. 32). The condominium concept common to a number of jurisdictions consists of three elements: (a) individual ownership of an apartment, (b) co-ownership (joint ownership) of the land and the common parts of the building, and (c) membership of an incorporated or unincorporated owners' association (van der Merwe, 2015, p. 5). The ownership shares of condominium unit owners in the common property are here referred to as co-ownership shares; yet, alternative terms include ownership fraction, condominium share, participation quota, share value, and unit entitlement. The co-ownership share determines the proportional contribution to the common expenses and the share of common profits, as well as the voting power of each condominium unit owner in the administration of the condominium. The most common approaches to the determination of the co-ownership shares are based on equality, relative size or relative value of each condominium unit, or a combination of such (van der Merwe, 1994, p. 57-58). The literature presents detailed descriptions and comparative analysis related to condominium systems in different jurisdictions (e.g. van der Merwe, 2016; 2015; Paulsson, 2007; EUI, 2005; UNECE, 2005); however, the technical and procedural aspects related to the allotment of co-ownership shares still need to be further investigated. This paper aims to compare methods and procedures applied for the allotment of co-ownership shares of condominium systems in the following seven jurisdictions; Denmark, Germany, South Africa, Sweden, Switzerland, the Netherlands, and Turkey. Also, international geographic information standards are analyzed to assess the extent to which they facilitate allocation of co-ownership shares. The main purpose is to clarify the legal provisions and methodologies related to the determination of co-ownership shares in national condominium systems and bring new insights to countries, which are trying to revise their national provisions for fairer implementations.

Place, publisher, year, edition, pages
Copenhagen: International Federation of Surveyors (FIG) , 2018. p. 217-242
Keywords [en]
condominium, co-ownership share, ownership fraction, participation quota, share value, unit entitlement
National Category
Law and Society
Identifiers
URN: urn:nbn:se:kth:diva-235829ISBN: 978-87-92853-80-6 (print)ISBN: 978-87-92853-81-3 (electronic)OAI: oai:DiVA.org:kth-235829DiVA, id: diva2:1253815
Conference
6th International FIG Workshop on 3D Cadastres, 2-4 October 2018, Delft, The Netherlands
Note

QC 20181010

Available from: 2018-10-06 Created: 2018-10-06 Last updated: 2018-10-10Bibliographically approved

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CiteExportLink to record
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Citation style
  • apa
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  • asciidoc
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