Der Geltungsbereich der entstandenen ex lege des Sonderraumeigentums (Art. 1718 Gesetz über Wohnungsbaugesellschaften)

The creation of separate ownership of premises ex lege by way of transformation of the cooperative ownership right to premises into the right of separate ownership of premises is regulated in Art. 1718 sec. 1 of the Act on housing cooperatives. The subject of the article is one of the problems generated by the indicated regulation, and concerning the undeterminable shape of the institution of separate ownership of premises established ex lege (objective scope of ownership of premises and common property). It has been shown in the work that there are no regulations corresponding to the problems generated by the situation of the creation of separate ownership of the premises by law. Thus, housing communities formed in this mode were left without legal tools to resolve conflicts closely related to the creation of separate ownership of premises by law. In particular, these disputes may be related to the determination of the legal status of the property to which individual owners are entitled and the amount of shares in the joint ownership of the common property.