Real Slovenia: Condominium vs Ideal Share Ownership
02/03/2008
There are two types of ownership when it comes to multiple-unit buildings:
- Condominium (sectional title, etažna lastnina);
- Ideal share (idealni delež).
Condominium implies ownership of an individual part of the building and co-ownership of common areas where:
- An individual part of the building must be an individual functional unit fit for standalone use, e.g. an apartment or office (other, separate facilities can belong to such an individual part, e.g. a shed or a garage); and
- Common areas are other parts of the building intended for joint use by the sectional title holders and the land on which the building stands, or even other real estate.
Ideal share: If condominium/sectional title is not established, the owners of the various parts of the multiple-unit building are entered in the land register as owners of a(n ideal) share of the entire property.
As long as the ideal share refers to (and is defined as such in the sales contract) a physically separate area (e.g. an apartment, ground floor of a house, etc.), it is a title equal to condominium. You can, for example, mortgage the property, although banks much prefer condominium.
One of the differences is in that in case of ideal-share property, the owners of other ideal shares (co-owners of sorts) have the right of pre-emption. Example: If you own an apartment that is not entered in the land register as condominium and would like to sell it, you have to first offer it for sale to all other owners in the building and cannot sell it to a third party under more favourable conditions than waived by the other (co)owners.
Chris Moran said,
February 3, 2008 @ 12:34 pm
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Chris Moran
Dr. Filomena » Real Slovenia: Pre-emptive Right in Real Estate said,
February 3, 2008 @ 1:12 pm
[…] Other condominium / sectional title holders if there are two or more owners and fewer than six individual parts (Art. 124) Click here for an explanation of condominium owner (sectional title holder) […]
Global Voices Online » Slovenia: Real Estate said,
February 5, 2008 @ 12:54 am
[…] Filomena writes about Slovenia's real estate and other business issues – here, here, here and here. Share […]
Prieur du Plessis said,
February 14, 2008 @ 9:15 am
Excellent post explaining a concept people are generally not very familiar with in clear terms.
One of the disadvantages of “ideal share” is that it could result in the property being unmanaged. It is therefore important that the owners of the ideal shares should establish a committee to take care of maintenance and other issues in a formalised manner. Or, failing that, appoint a professional person to fulfil the function.
afesomu said,
August 5, 2011 @ 10:47 am
one ideal that two unknown can be in one equation
Khadijah Mercardo said,
April 30, 2013 @ 6:20 am
In a townhouse complex, multiple physical houses are combined into a single architectural building. Each unit owner owns an identified plot of land and the building affixed to it, but that building is physically part of a larger building that spans lots. There is a continuous roof and foundation and a single wall divides adjacent townhouses. If there is an apartment below not owned by owner of townhouse it is not a townhouse just a bi-level apartment, condominium. Legally, this is very similar to detached houses, but because of the intertwining of interests in the single architectural building, a homeowner’s association is required.*:
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