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condominium
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{{Short description|Form of ownership of real property}}{{About||a territory|Condominium (international law)|other uses|Condominium (disambiguation)}}File:Blue building from above (65768p).jpg|thumb|Blue Condominium on the Lower East Side of ManhattanManhattan{{living spaces}}A condominium (or condo for short) is an ownership regime in which a building (or group of buildings) is divided into multiple units that are either each separately owned, or owned in common with exclusive rights of occupation by individual owners. These individual units are surrounded by common areas that are jointly owned and managed by the owners of the units. The term can be applied to the building or complex itself, and is sometimes applied to individual units.WEB, What Is a Condominium? How Condos Work Compared to Apartments,www.investopedia.com/terms/c/condominium.asp, 2023-07-27, Investopedia, en, The term “condominium” is mostly used in the US and Canada, but similar arrangements are used in many other countries under different names.Residential condominiums are frequently constructed as apartment buildings. There are also rowhouse style condominiums, in which the units open directly to the outside and are not stacked. Alternatively, detached condominiums look like single-family homes, but the yards (gardens), building exteriors, and streets, as well as any recreational facilities (such as a pool, bowling alley, tennis courts, and golf course), are jointly owned and maintained by a community association. Many shopping malls are commercial condominiums in which the individual retail and office spaces are owned by the businesses that occupy them, while the common areas of the mall are collectively owned by all the business entities that own the individual spaces. Unlike apartments, which are leased by their tenants, in most systems condominium units are owned outright, and the owners of the individual units also collectively own the common areas of the property, such as the exterior of the building, roof, corridors/hallways, walkways, and laundry rooms, as well as common utilities and amenities, such as the HVAC system and elevators. In other property regimes, such as those in Hong Kong and Finland, the entire buildings are owned in common with exclusive rights to occupy units assigned to the individual owners. The common areas, amenities, and utilities are managed collectively by the owners through their association, such as a homeowner association or its equivalent.Scholars have traced the earliest known use of the condominium form of tenure to a document from first-century Babylon.NEWS,www.nytimes.com/2015/08/02/nyregion/fighting-dog-owners-discourtesy-with-dna-in-brooklyn.html, Using DNA to Fight Dog Owners’ Discourtesy in Brooklyn, Ginia, Bellafante, The New York Times, July 30, 2015, The word (Wiktionary:condominium#Latin|condominium) originated in Latin.{{toclimit|2}}

Etymology

{{Property law}}Condominium is an invented Latin word formed by adding the prefix con- ‘together’ to the word dominium ‘dominion, ownership’. Its meaning is, therefore, ‘joint dominion’ or ‘co-ownership’.WEB,www.merriam-webster.com/dictionary/condominium, Definition of CONDOMINIUM, www.merriam-webster.com, 13 July 2023, Condominia (the Latin plural of condominium) originally referred to territories over which two or more sovereign powers shared joint sovereignty. This technique was frequently used to settle border disputes when multiple claimants could not agree on how to partition the disputed territory. For example, from 1818 to 1846, Oregon Country was a condominium over which both the United States and Great Britain shared joint sovereignty until the Oregon Treaty resolved the issue by splitting the territory along the 49th parallel and each country gaining sole sovereignty of one side.BOOK, Christopher R. Rossi, Sovereignty and Territorial Temptation,books.google.com/books?id=TdAoDwAAQBAJ&pg=PA198, 27 April 2017, Cambridge University Press, 978-1-107-18353-7, 198,

Overview

{{unreferenced section|date=December 2020}}The difference between a complex of residences, such as an apartment building, and a condominium is purely legal. There is no way to differentiate a condominium from any other residential building simply by looking at it or visiting it. What defines a condominium is the form of ownership. A building developed as a condominium (and sold in individual units to different owners) could actually be built at another location as (for example) an apartment building (the developers would retain ownership and rent individual units to different tenants).Where a condominium is in essence an apartment building, as a practical matter, builders tend to build condominiums to higher quality standards than apartment complexes because of the differences between the rental and sale markets. They are typically slightly larger than apartments and are often constructed in a townhouse style in regions where single-family detached homes are common.Technically, a condominium is a collection of individual units and common areas along with the land upon which they sit. Individual home ownership within a condominium is construed as ownership of only the air space confining the boundaries of the home. The boundaries of that space are specified by a legal document known as a Declaration, filed on record with the local governing authority. Typically, these boundaries will include the walls surrounding a condo, allowing the homeowner to make some interior modifications without impacting the common area. Anything outside this boundary is held in an undivided ownership interest by a corporation established at the time of the condominium’s creation. The corporation holds this property in trust on behalf of the homeowners as a group—it may not have ownership itself.Condominiums have conditions, covenants, restrictions, and often additional rules that govern how the individual unit owners are to share the space.Some condominium complexes consist of single-family dwellings. There are also “detached condominiums” where homeowners do not maintain the exteriors of the dwellings or yards, and “site condominiums”, where the owner has more control and possibly ownership (as in a “whole lot” or “lot line” condominium) over the exterior appearance. These structures are preferred by some planned neighborhoods and gated communities.

Homeowners association

{{unreferenced section|date=December 2020}}A homeowners association (HOA), whose members are the unit owners, manages the condominium through a board of directors elected by the membership. This exists under various names depending on the jurisdiction, such as “unit title”, “sectional title”, “commonhold”, “strata council”, or “tenant-owner’s association”, “body corporate”, “Owners Corporation”, “condominium corporation” or “condominium association”. Another variation of this concept is the “time share”, although not all time shares are condominiums, and not all time shares involve actual ownership of (i.e., deeded title to) real property. Condominiums may be found in both civil law and common law legal systems as it is purely a creation of statute. Among other things, the HOA assesses unit owners for the costs of maintaining the common areas, etc. That is, the HOA decides how much each owner should pay and has the legal power to collect that.

Unit description

{{More citations needed section|date=November 2022}}File:The Cosmopolitan Singapore.jpg|thumb|The Cosmopolitan, a condominium in SingaporeSingaporeThe description of the condominium units and the common areas and any restrictions on their use are established in a document commonly called a “Master Deed” (also known as the “Enabling Declaration”, the “Declaration of Conditions”, or the “Condominium Document“). Among other things, this document provides for the creation of the HOA. Rules of governance for the association are usually covered under a separate set of bylaws that generally govern the internal affairs of the condominium. Condominium bylaws usually establish the responsibilities of the owners’ association; the voting procedures to be used at association meetings; the qualifications, powers, and duties of the board of directors; the powers and duties of the officers; and the obligations of the owners with regard to assessments, maintenance, and use of the units and common areas. Finally, a set of rules and regulations providing specific details of restrictions on the conduct of unit owners and residents are established by the HOA.WEB, Understanding the Government of a Community Association,www.ohiocondolaw.com/articles/governance_community_assn.htm, Kaman & Cusimano, 24 July 2011,www.ohiocondolaw.com/articles/governance_community_assn.htm," title="web.archive.org/web/20120115041050www.ohiocondolaw.com/articles/governance_community_assn.htm,">web.archive.org/web/20120115041050www.ohiocondolaw.com/articles/governance_community_assn.htm, 2012-01-15, dead, These are more readily amendable than the declaration or association bylaws, typically requiring only a vote of the HOA board. Typical rules include mandatory maintenance fees (perhaps collected monthly), pet restrictions, and color/design choices visible from the exterior of the units. Generally, these sets of rules and regulations are made available to residents and or as a matter of public record, via a condominium or homeowners association website, or through public files, depending on the state and its applicable laws. Condominiums are usually owned in fee simple title, but can be owned in ways that other real estate can be owned, such as title held in trust. In some jurisdictions, such as Ontario, Canada, or Hawaii US, there are “leasehold condominiums” where the development is built on leased land.In general, condominium unit owners can rent their home to tenants, similar to renting out other real estates, although leasing rights may be subject to conditions or restrictions set forth in the declaration (such as a rental cap for the total number of units in a community that can be leased at one time) or otherwise as permitted by local law.

Non-residential uses

{{unreferenced section|date=August 2016}}Condominium ownership is also used, albeit less frequently, for non-residential land uses: offices, hotel rooms, retail shops, private airports, marinas, group housing facilities (retirement homes or dormitories), bare land (in British Columbia) and storage. The legal structure is the same, and many of the benefits are similar; for instance, a nonprofit corporation may face a lower tax liability in an office condominium than in an office rented from a taxable, for-profit company. However, the frequent turnover of commercial land uses in particular can make the inflexibility of condominium arrangements problematic.

By country

Australia

In Australia, condominiums are known as “strata title schemes“WEB, Community title schemes,www.actpla.act.gov.au/topics/design_build/begin_project/community_titles, ACT Planning and Land Authority, ACT Planning and Land Authority’s (ACTPLA) website, or “community title schemes”.WEB, Body Corporate Legislation in Queensland,www.qld.gov.au/law/housing-and-neighbours/body-corporate/roles-and-responsibility/body-corporate-legislation/, Queensland Government,

Canada

The 2011 National Household Survey (NHS) showed that one in eight Canadian households lived in condominium dwellings, colloquially known as “condos”, mostly located in a few censuses metropolitan areas according to Statistics Canada.WEB,www12.statcan.gc.ca/nhs-enm/2011/as-sa/99-014-x/99-014-x2011003_1-eng.cfm, Condominium dwellings in Canada, www12.statcan.gc.ca, Condominiums exist in most parts of Canada, though they are more common in larger cities. They are regulated under provincial or territorial legislation, and specific legal details vary from jurisdiction to jurisdiction. In most parts of Canada, they are referred to as condominiums, except in British Columbia, where they are referred to as a strata, and in Quebec, where they are referred to as syndicates of co-ownership.BOOK
,www.cmhc-schl.gc.ca/odpub/pdf/63100.pdf
, Condominium Buyers Guide
, 2002
, 0-662-33517-1
, Canadian Mortgage and Housing Corporation
, 2011-02-26
,www.cmhc-schl.gc.ca/odpub/pdf/63100.pdf" title="web.archive.org/web/20130611223618www.cmhc-schl.gc.ca/odpub/pdf/63100.pdf">web.archive.org/web/20130611223618www.cmhc-schl.gc.ca/odpub/pdf/63100.pdf
, 2013-06-11
, dead
, The townhouse complex of Brentwood Village in Edmonton, Alberta, was the first condominium development in Canada (registered in 1967). With regular condominiums, the unit owner usually owns the internal unit space and a share of the corporation; the corporation owns the exterior of the building land and common area; in the case of a freehold condominium the owner owns the land and building and the corporation owns common shared roadways and amenities. The Canadian Condominium Institute is a non-profit association of condominium owners and corporations with chapters in each province and territory. The Condo Owners Association COA Ontario is a non-profit association representing condominium owners with divisions across the province and districts within the various municipalities.WEB,www.remonline.com/ontario-moves-to-license-condo-managers/, Ontario moves to license condo managers, 26 August 2013, 2013-08-26, Rem online,

Denmark

Apartments (Danish ejerlejlighed, literally “owner-apartment“) comprise some 5% of Danish homes.WEB
, Det danske boligmarked - udvikling i boligforsyning og boligønsker
, Statens Byggeforskningsinstitut og Amternes og Kommunernes Forskningsinstitut
,www.sbi.dk/download/pdf/det_danske_boligmarked.pdf
, 2009-10-12
,www.sbi.dk/download/pdf/det_danske_boligmarked.pdf" title="web.archive.org/web/20110719132112www.sbi.dk/download/pdf/det_danske_boligmarked.pdf">web.archive.org/web/20110719132112www.sbi.dk/download/pdf/det_danske_boligmarked.pdf
, 2011-07-19
, dead
, They are traded and mortgaged on the same markets as freestanding houses, and are treated legally much like other forms of real estate. Each owner-tenant directly owns their own apartment; the rest of the building and the ground on which it stands is owned jointly by the apartment owners, who execute their joint ownership through an owner’s association. The expenses of maintaining the joint property are shared pro rata among the owners.Another 5% of Danish homes are in housing cooperatives (Danish andelsbolig), which occupy a legal position intermediate between condominiums and housing associations. The entire property is legally owned by a non-profit corporation, in which the tenants own shares; each share carries the right and duty to lease an apartment from the cooperative. Shares can be bought and sold, but often the cooperative’s rules strictly limit the price for which they may change hands. (In contrast, condominiums are traded on a free market). Because the official share prices are often lower than the market value and sellers often retain the freedom to select whom to sell to, under-the-table payments are common.Current public policy favors condominiums over housing cooperatives, and recent legislation has aimed at making the latter more condominium-like. For example, since 2005, cooperative shares may be used to secure bank loans. (However, Danish mortgage banks still may not mortgage individual housing cooperative apartments.)

England and Wales

In England and Wales, one of the equivalent legal structures of a condominium is commonhold, a form of ownership introduced in September 2004. As of 3 June 2009, there were 12 commonhold residential developments comprising 97 units in England and one commonhold residential development, comprising 30 units, in Wales.House of Commons of the United Kingdom, {{UK Parliament |speaker=Michael Wills | date=9 June 2009 | place=Written Questions | url=https://www.theyworkforyou.com/wrans/?id=2009-06-09c.278364.h |column=792W |title=Commonhold }} “Condominium” is not a term that is widely used in England and Wales. Commonhold is a creature of statute and comparatively rare, and condominiums are more likely to be found in the form of leaseholds because of long-standing legal differences between leasehold and freehold tenure.By virtue of the landmark case of Tulk v Moxhay, in English law only restrictive covenants can be enforced against freehold land. This means it is not possible to enforce a positive covenant on successive owners of freehold land, other than to maintain a boundary fence, without creating an elaborate trust. A positive covenant is, broadly, one that involves the expenditure of money to perform.WEB, Teacher, Law,www.lawteacher.net/cases/austerberry-corporation-of-oldham.php?vref=1, Austerberry v Corporation of Oldham, LawTeacher.net, November 2013, 9 May 2023, Fujairah, UAE, This did not create a significant problem until the 1950s when flats (where ownership is divided horizontally) first began to appear on the market as more affordable, particularly for first-time buyers. Until then flats had been confined to short-term unsaleable tenancies, with varying degrees of statutory rent protection and security of tenure.It was soon learned that freehold flats were an unsatisfactory form of ownership because it was not possible to impose essential maintenance requirements. As such, flats became virtually unmarketable because they were an unacceptable form of security to lenders. Thus solicitors, the principal property lawyers in England and Wales in those days, began to use leases instead, where such limitations did not apply.Progress was haphazard and piecemeal, but over time things became more standard. Improvements became universal as institutional lenders refused to advance money on the security of flats unless certain basic provisions were included. This benefited owners whether or not they borrowed money since the purchase was invariably conducted through a solicitor or licensed conveyancer trained to reject leases failing to meet the necessary standards.Despite these standards, the actual form of leasehold systems is variable. Highly favoured are arrangements where the leases are granted out of a freehold owned by a corporation, itself owned by individual leaseholders. This provides an opportunity for them to participate in the proper management of the block. Again, the quality of management is very variable.The statute creating commonholds was motivated by a desire to eliminate some of the problems and perceived injustices, such as the commercial exploitation of lessees by freeholders as their leases began to have too little time left to satisfy lenders. Since most leasehold developments are undertaken by commercial entities, commonholds did not become widespread. There are, however, other statutes in place that give some degree of protection for leaseholders. It is, nevertheless, essential to consider proper legal advice whenever engaged in the purchase of a flat, for the requirements for a fully marketable flat remain complex.The Law of Property Act 1925, s. 153, contains provisions for the “enlargement” of leases into freeholds, one of the effects of which is to preserve the enforceability of positive covenants contained in the lease against the resulting freehold. There are clear, but stringent, requirements. Artificial schemes using the provisions to create enforceable positive covenants in freehold blocks of flats were occasionally mooted but never gained currency.On 21 July 2020 the UK Law Commission reported on the existing difficulties REPORT, Law Commission, Reinvigorating commonhold: the alternative to leasehold ownership,www.lawcom.gov.uk/project/commonhold/, 21 July 2020, and made proposals to improve the law and encourage the acceptance of commonhold as the preferred form of tenure.

Finland

{{unreferenced section|date=November 2022}}File:Luminary.jpg|thumb|The Luminary, a condominium in Tammela, TampereTampereIn Finland, a condominium-like arrangement where the ownership of the real estate is assigned to specific apartments (, ) is usually used only with detached or semi-detached houses.A housing cooperative is a common form of home ownership in Finland. Owning shares that correspond to one apartment in a housing company is generally considered as much owning your own home as actually directly owning a (single family) house. However, shares are not considered as real estate but as personal property and the co-op can take possession of the apartment for a term time and evict the tenant or owner because of disturbance or unpaid maintenance fees.Finnish housing cooperatives are incorporated as (non-profit) limited-liability companies (, ), where one share usually represents one square meter (sometimes ten) of the apartment.Membership in a condo is obtained by buying the shares on the open market, most often through a real estate agent. No board approval is needed to buy shares, but in some cases other stockholders or the housing cooperative itself has the right to claim the stocks being sold. There is usually no requirement for the owner(s) to live in the condo. Owning apartments for rent is a common form of saving and private investment in Finland.

Germany

In Germany, condominiums are known as ({{literal translation|ownership dwellings}}) and the most important law considering condominiums is the (abbreviated WoEigG).GERMAN LAW, 22.12.2023, Wohneigentumsgesetz, WoEigG, Gesetz über das Wohnungseigentum und das Dauerwohnrecht, It is the basis for all legal regulations involving individual freehold ownership, the rights, and duties of homeowner associations, and the management of condominiums. The WoEigG dates back to 1951, but it was re-enacted in 2007. Now, homeowners are invested with partial legal capacity, which means that the homeowner association represents an entity with rights and duties that may include contracts. The right of ownership is divided in the first article of the WoEigG into homeownership, individual freehold ownership, part ownership, and commonhold ownership.WEB,www.accentro.co.uk/services/real-estate-glossary/glossary/condominium-act-weg-the-law-governing-all-aspects-of-freehold-ownership-in-germany/, Condominium Act (WEG), Real Estate Glossary, Accentro, 2018-07-19,web.archive.org/web/20180719233534/https://www.accentro.co.uk/services/real-estate-glossary/glossary/condominium-act-weg-the-law-governing-all-aspects-of-freehold-ownership-in-germany/, 2018-07-19, dead,

Greece

File:Condominium in Kypseli.jpg|thumb|A condominium in Kypseli, AthensKypseli, AthensIn Greece, condominiums became very popular in the 1960s. It is a building one sees everywhere in Greece, since most of its population lives in big cities.WEB,www.cia.gov/the-world-factbook/field/urbanization/, Field Listing Urbanization, The World Factbook, Central Intelligence Agency, 2021-06-28, They are known as (), literally “multi-residences”.

Hong Kong

In Hong Kong the equivalent to a condominium is a “multi-owner building” or “building in multiple ownership”. These are sometimes part of a private housing estate comprising multiple buildings but often consist of a single building owned in common. The relationships among the parties, including rights of exclusive occupation of flats and parking spaces, are defined by the deed of mutual covenant (“DMC”, analogous to the master deed described above) and the Building Management Ordinance Cap. 344.JOURNAL, Hastings, E.M., Wong, S.K., Walters, Megan, 2006-05-01, CW Ho, Daniel, Governance in a co‐ownership environment: The management of multiple‐ownership property in Hong Kong,www.emerald.com/insight/content/doi/10.1108/02637470610660165/full/html, Property Management, en, 24, 3, 293–308, 10.1108/02637470610660165, 0263-7472,

Hungary

{{More citations needed section|date=November 2022}}(File:Társasház alaprajza (részlet).jpg|thumb|Floor plan of a condo - Andrássy avenue, Budapest)Condominiums are a very common form of real estate ownership in contemporary Hungary, as most state- or municipality-owned apartments were privatized following the end of socialism in Hungary in 1989. Historically, condominiums () were formalized as a legal ownership structure as early as 1924.Condominiums in Hungary are traded and mortgaged on the same market as any free-standing single-family home (; “garden-house“), and are treated much like other forms of real estate. The condominium acts as a non-profit legal entity maintaining the common areas of the property, and is managed by a representative () elected by the owners’ convention. Historically, this representative was one of the owners themselves; in the 21st century, however, the owners’ convention typically hires a professional building manager who does not personally live in the building. Decisions that involve changes to the terms and conditions, or larger common expenses, still need to be approved by the convention, however. Voting power is based on the percentage of property owned.WEB,legislation.mt/eli/bill/1997/12/eng/pdf, LEÄ IÅ»LAZZJONI MALTA, legislation.mt,

India

In India, condominiums are known as “Apartments” or “Apartment Buildings/Complexes” or “Societies” or “Flats”. Each building consists of multiple floors and flats/living units with different configurations. The most common configurations are “1-BHK”, “2-BHK” and “3-BHK” (BHK stands for bedroom-hall-kitchen).WEB, Understanding Cooperative Housing: Types, Features & Benefits - TimesProperty,timesproperty.com/news/post/guide-to-cooperative-housing-societies-blid5158, timesproperty.com, 10 October 2023, The association of homeowners is usually called a Co-operative Housing Society (CHS) or Co-operative Group Housing Society (CGHS), which needs to be registered with the municipal authorities.WEB, Balasubramanian, Harini, Cooperative housing society: Objectives, types and advantages,housing.com/news/cooperative-housing-society-chs/, Housing.com, 10 October 2023,

Iran

Iranian government has begun supporting villas and opposing apartment building concerned by people’s manner.WEB, معاون رئیس جمهور در امور زنان: چهار امتیاز ویژه برای ازدواج دهه شصتی‌ها ارائه می‌شود,www.irna.ir/news/85148912/%D9%85%D8%B9%D8%A7%D9%88%D9%86-%D8%B1%D8%A6%DB%8C%D8%B3-%D8%AC%D9%85%D9%87%D9%88%D8%B1-%D8%AF%D8%B1-%D8%A7%D9%85%D9%88%D8%B1-%D8%B2%D9%86%D8%A7%D9%86-%DA%86%D9%87%D8%A7%D8%B1-%D8%A7%D9%85%D8%AA%DB%8C%D8%A7%D8%B2-%D9%88%DB%8C%DA%98%D9%87-%D8%A8%D8%B1%D8%A7%DB%8C-%D8%A7%D8%B2%D8%AF%D9%88%D8%A7%D8%AC-%D8%AF%D9%87%D9%87, www.irna.ir, fa,

Israel

In Israel, condominiums (known “בתים משותפים”, “shared houses” or “cooperative houses“) are a common form of home ownership. Public housing has historically been organized as subsidized purchases and mortgages in government-constructed condominiums.WEB,www.peopleil.org/details.aspx?itemID=7464, הבית הקבלני המשותף בישראל, 9 February 2017,www.peopleil.org/details.aspx?itemID=7464," title="web.archive.org/web/20170211155221www.peopleil.org/details.aspx?itemID=7464,">web.archive.org/web/20170211155221www.peopleil.org/details.aspx?itemID=7464, 2017-02-11, dead,

Italy

In Italy, the condominium (“Condominio”) is governed by law, last reformed in 2012. Co-ownership of the common parts of the buildings (such as the stairs, main walls, facades, roof, and courtyards) is mandatory: a landlord can not give up the right to common parts for not paying the costs. Each owner’s quota in the condominium is expressed in thousandths (“millesimi”) of the whole; these are used to determine majorities in owners’ assemblies (“assemblee condominiali”).NEWS,www.condominionews.com/2016/01/italiancondominium.html, Italian’s condominiums, Condominio News - Il Condominio a Portata di Mano, 21 January 2016,

The Netherlands

See housing cooperative under owners association.

Norway

{{unreferenced section| date = January 2013}}Condominiums (Norwegian Eierseksjon) was formally introduced in 1983. Approximately 19% of Norwegian homes are condominiums, as approximately 50% of the owner-occupied flats and duplexes, approximately 30% of the rowhouses, and 2.5% of the detached houses are organized as condominiums.

Pakistan

{{unreferenced section| date = March 2016}}The title “Condominiums” is not used in Pakistan rather they are called “Flats” for average-style buildings while “Complexes” for sophisticated and larger buildings. The minimum number of floors for a building to be classified as “Flats” is four, with a requirement for having at least one elevator or lift for buildings upwards of four floors. Almost all have a separate room called the “Drawing Room”, used for guest entertainment purposes. However, its use as a TV room and dining room is common. Another unique feature is the balcony or “terrace”, which is standard for all flats.

Philippines

In the Philippines, condominiums are classified into three types: low-rise, mid-rise, and high-rise. Condos have a special type of ownership title called a CCT - condominium certificate of title. Condominiums usually have amenities, like swimming pools, owned parking, a clubhouse, and a building for administration.WEB, Mercado, Caren, A Guide to Residential Spaces in the Philippines (Part 1),kmcmaggroup.com/blog/2014/2/28/a-guide-to-residential-spaces-in-the-philippines/, kmcmaggroup.com/, KMC MAG Group, Sep 17, 2014, July 8, 2014,kmcmaggroup.com/blog/2014/2/28/a-guide-to-residential-spaces-in-the-philippines/," title="web.archive.org/web/20140708183312kmcmaggroup.com/blog/2014/2/28/a-guide-to-residential-spaces-in-the-philippines/,">web.archive.org/web/20140708183312kmcmaggroup.com/blog/2014/2/28/a-guide-to-residential-spaces-in-the-philippines/, dead,

Russia

{{unreferenced section|date=November 2022}}Initially, the concept of a condominium was introduced by the Federal Law “On the Fundamentals of the Federal Housing Policy” No. 4218-1 dated December 24, 1992: “Condominium is an association of owners of residential premises in apartment buildings with the establishment of conditions for joint ownership and use of inter-apartment stairs, elevators, corridors, roofs, technical basements, non-apartment engineering equipment, adjacent territory, and other common areas.

Singapore

{{unreferenced section| date = January 2013}}File:Condos and the Singapore Flyer by the Kallang River.jpg|thumb|A condominium complex in Singapore next to the Kallang RiverKallang RiverIn Singapore and Malaysia, “Condo” or “Condominium” are terms used for housing buildings with some special luxury features like security guards, swimming pools, or tennis courts.In Singapore, most houses without such features are built by the governmental Housing Development Board (HDB), and such HDB units can be possessed for rent or individually bought from the government. Condominiums and HDB flats make up the overwhelming majority of available residential housing in the country.WEB,www.singstat.gov.sg/find-data/search-by-theme/households/households/latest-data, Singapore Department of Statistics, Household Data, www.singstat.gov.sg,

South Africa

In South Africa, condominiums are known as “Sectional Title” properties and are governed by the Sectional Titles Act No. 95 of 1986.WEB, SECTIONAL TITLES ACT NO. 95 OF 1986,csg.dla.gov.za/act95_86.htm, Chief Surveyor General of the South African Government, 8 February 2013, Town-house complexes and many apartment blocks typically have this form of title.{{citation needed|date=November 2022}} The owners of the complex constitute the Body Corporate, and the Body Corporate elects a group of Trustees to manage the day-to-day management of the complex, who often hire a company specialising in complex management, known as a Managing Agent. {{citation needed|date=November 2022}}

Spain

In Spain, condominiums are known as “comunidad de propietarios” (legal term) and “comunidad de vecinos” (popular term), and are governed by the Ley de Propiedad Horizontal (L.P.H.) which significantly extends the Spanish Civil Code.BOOK, Guía práctica: Comunidades de propietarios
, Condominiums: The Practical Guide
,www.madrid.es/UnidadesDescentralizadas/UrbanismoyVivienda/Vivienda/GuiaComPropietarios/guiacomprop.pdf
, Oficina de Información de Vivienda
, Ayuntamiento de Madrid
, es
, 2012
, 7
, Las comunidades de bienes se regulan por las normas contenidas en el Código Civil, en tanto que la comunidad de propietarios encuentra su regulación en la Ley de Propiedad Horizontal., L.P.H. became the law in 1960 and more than half of the Spanish population live in condominiums.BOOK
, Comunidad de Propietarios: Las Nuevas Leyes de Propiedad Horizontal y de Multipropiedad
, Condominiums: The New Laws of the Horizontal Property and Timeshare
, Marcos Aurelio Casado Martín
, EDOCUSA
, Madrid
, es
, 1999
, 84-86939-17-8
, According to INE, there are almost 840,000 condominiums in Spain which comprise around 9 million habitat buildings.NEWS, Cómo conseguir el certificado energético, de la A a la G
,economia.elpais.com/economia/2013/05/30/vivienda/1369923662_063438.html
, Juana Viúdez
, El País
, es
, 4 June 2013
, 29 August 2013
, Teniendo en cuenta que, según los últimos datos del INE, en España hay en torno a 840.000 comunidades de propietarios en casi nueve millones de edificios de viviendas, ese gasto global asciende a unos 5.040 millones de euros.
,

Sweden

On 1 May 2009, condominiums (ägarlägenheter) became available for the first time under Swedish law.NEWS,www.thelocal.se/15600/20081111/, Owner-occupied flats coming to Sweden, 11 November 2008, David, Landes, The Local, Of the 14,447 newly built apartments completed in 2009, only six were condominiums. A majority of production, 7,723 units, were apartments in housing cooperatives (bostadsrättslägenheter), the traditional form of owner-occupied apartment housing.PRESS RELEASE, Få ägarlägenheter i nyproduktion, korrigerad 2010-10-26, Statistics Sweden, 6 May 2010,www.scb.se/Pages/PressRelease____292864.aspx, sv, 2010-12-29,www.scb.se/Pages/PressRelease____292864.aspx," title="web.archive.org/web/20101230205702www.scb.se/Pages/PressRelease____292864.aspx,">web.archive.org/web/20101230205702www.scb.se/Pages/PressRelease____292864.aspx, 2010-12-30, dead, As of late 2014, there were 955 condominiums total throughout all of Sweden.WEB,www.lantmateriet.se/globalassets/pressrum/dokument/2015/fastighetsfakta_arsrapport_2014.pdf, Fastighetsfakta årsrapport 2014,

Thailand

Nationwide, as of February 2018, Bangkok represented 58% of Thailand’s new construction condominium market while the other provinces accounted for the remaining 42%.WEB,www2.bot.or.th/statistics/BOTWEBSTAT.aspx?reportID=102&language=ENG, Bank of Thailand (Statistical Data) Property Indicators, 2019-03-19, The unit type has seen steady growth in the Thai market over the previous decades, in contrast to the declining percentage in the traditional detached house.WEB,open_jicareport.jica.go.jp/pdf/1000013801.pdf, National Housing Authority (NHA) Kingdom of Thailand, 2019-03-19, The condo development trend continues nationwide as dozens of projects are in progress in Bangkok,WEB,propertypassbook.com/real-estate/bangkok/, Bangkok Real Estate Pricing, Yields, and Scores, 2019-03-19, several others are underway in the Eastern Economic Corridor provinces of Chon Buri and Rayong, and to the west in Phetchaburi and Prachuap Khiri Khan.

United States

The first condominium law passed in the United States was in the Commonwealth of Puerto Rico in 1958.Poliakoff, G: Law of Condominium Operations, §1.2. 2009. In 1960, the first condominium in the continental U.S. was built in Salt Lake City, Utah. The legal concept had spread to the U.S. from Europe via the Caribbean (Puerto Rico and Cuba) but throughout the 1960s it was widely and erroneously reported that the concept had arisen in the U.S. directly based on a Roman model. In fact, the concept of an estate in the air was antithetical to Roman law, and there is no evidence of an ancient Roman condominio.JOURNAL, Natelson, Robert, Comments on the Historiography of Condominium: The Myth of Roman Origin, City of Oklahoma Law Review, 1987, 12, 1,constitution.i2i.org/files/2010/09/Comments-on-the-Historiography-of-Condominium-The-Myth-of-Roman-Origin.pdf, 12 Feb 2014,
missing image!
- 400SGreenLoft.jpg -
The interior of a loft condominium in Chicago’s west side, US
Section 234 of the Housing Act of 1961 allowed the Federal Housing Administration to insure mortgages on condominiums, leading to a vast increase in the funds available for condominiums, and to condominium laws in every state by 1969.JOURNAL, Kerr, William, Condominium - Statutory Implementation, St. John’s Law Review, 2013, 38, 1,scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=4266&context=lawreview, 27 July 2014, Since then, the term ‘condominium’, or ‘condo’ for short, has become a household word in the U.S.BOOK, Encyclopedia of the City, Caves, R. W., Routledge, 2004, 140, Many Americans’ first widespread awareness of condominium life came not from its largest cities but from South Florida, where developers had imported the condominium concept from Puerto Rico and used it to sell thousands of inexpensive homes to retirees arriving flush with cash from the urban northern U.S.WEB, Information Report No. 159,www.planning.org/pas/at60/pdf/report159.pdf, American Society of Planning Officials, 27 July 2014, June 1962,web.archive.org/web/20130909234758/https://www.planning.org/pas/at60/pdf/report159.pdf, 9 September 2013, dead, dmy-all, The primary attraction to this type of ownership is the ability to obtain affordable housing in a highly desirable area that typically is beyond economic reach. Additionally, such properties benefit from having restrictions that maintain and enhance value, providing control over blight that plagues some neighborhoods.WEB, Carter, Charles, Marcus, Allen, Pets, Politics, and Condominium Prices,www.petsincondos.org/PetsAndCondoPrices.pdf, 27 July 2014,www.petsincondos.org/PetsAndCondoPrices.pdf," title="web.archive.org/web/20140727115523www.petsincondos.org/PetsAndCondoPrices.pdf,">web.archive.org/web/20140727115523www.petsincondos.org/PetsAndCondoPrices.pdf, 27 July 2014, dead, dmy-all, Over the past several decades, the residential condominium industry has been booming in some metropolitan areas, such as Miami, San Francisco, Seattle, Boston, Chicago, Austin, Los Angeles, and New York City. However, in recent years, supply within the condo industry has caught up with demand, and sales have slowed.NEWS, Clarke, Katherine, Sales slow at high-end condos as pricey pads grow plentiful around city,www.nydailynews.com/life-style/real-estate/occupy-w-57th-st-article-1.1827613, 27 July 2014, New York Daily News, 13 June 2014, It is now in a slowdown phase.WEB, Reality Check: US Home Resales Firm Feb Vs Jan, Drop y/y,imarketnews.com/?q=node/27899, iMarketNews, {{Dead link|date=August 2018 |bot=InternetArchiveBot |fix-attempted=yes }}An alternative form of ownership, popular in parts of the U.S. but found also in other common law jurisdictions, is housing cooperative, also known as “company share” or “co-op”. A Housing Cooperative is where the building has an associated legal company and ownership of shares gives the right to a lease for the residence of a unit.WEB, Cheung, Maria, The Art of Wooing a Co-op/Condo Board, 6 May 2014,www.pulversthompson.com/real-estate-blog/art-wooing-co-opcondo-board/, 27 July 2014, Another form is ground rent (solarium) in which a single landlord retains ownership of the land (solum) but leases the surface rights (superficies) which renew in perpetuity or over a very long term.WEB, Understanding Ground Rent in Maryland,www.peoples-law.org/understanding-ground-rent-maryland, The People’s Law Library of Maryland, 27 July 2014, This is comparable to a civil-law emphyteusis, except that emphyteusis shifts the duties of up-keep and making improvements onto the renter.WEB, What is EMPHYTEUSIS?,thelawdictionary.org/emphyteusis/, The Law Dictationary, 9 November 2011, 27 July 2014, In the U.S., there are several different styles of condominium complexes. For example, a garden condominium complex consists of low-rise buildings built with landscaped grounds surrounding them. A townhouse condominium complex consists of multi-floor semi-detached homes. In condominium townhouses, the purchaser owns only the interior, while the building itself is owned by a condominium corporation.WEB, Condominium vs. Townhouse,realvaluations.com/CONDOMINIUM%20VS.%20TOWNHOUSE-.pdf, 27 July 2014, The corporation is jointly owned by all the owners and charges them fees for general maintenance and major repairs. Freehold townhouses are exclusively owned, without any condominium aspects. In the U.S., this type of ownership is called fee simple.WEB, Bruce, John, Review of Tenure Terminology,www.minds.wisconsin.edu/bitstream/handle/1793/22013/73_tb1.pdf, University of Wisconsin, 27 July 2014, Image:WilshireRegent.jpg|The Wilshire Regent condominiums in Los Angeles, California, U.S.Image:aqualbview.jpg|Aqua waterfront condominiums in Long Beach, California, U.S.Image:1224DearbornChicago.jpg|A historic mansion converted into condominiums in Chicago, U.S.Image:Endeavour Luxury Condominiums on Clear Lake.jpg|Endeavour Luxury Condominiums on Clear Lake, near Galveston BayNew York’s Condominium Act was passed in 1964. The first condominium building was the St. Tropez Condominium in Manhattan, built in 1965.WEB,www.habitatmag.com/tags/view/geotags/New+York+City/Manhattan/Upper+East+Side/St.+Tropez+Condominium/340+E.+64th+Street, 340 E. 64th Street - Habitat Magazine, www.habitatmag.com,

See also

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References

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External links

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