A társasházi jog változásainak hatása a társasházi közösségekre

Polgár Zoltán: A társasházi jog változásainak hatása a társasházi közösségekre.

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Abstract

Condominiums are known in many parts of the world and their regulations are constantly evolving. The history of condominiums in Hungary dates back to the beginning of the 19th century. The legal background for the constructions was set out in the Hungarian act XII of 1924 on Condominium Property. Living in a condominium was significantly influenced the appearance of the administrative committees as well as the lack of legal regulation that there was no judicial oversight over condominiums, for which was not solved until 2015. The subject of my scientific research is the issue of the legal regulation of condominiums, including the ones with influence on the decision-making of condominium communities. The purpose of this paper is to present the changes of the law of condominium right since 1924, and the impact of changes on the condominium culture. Dr. György Matuz dealt with15 the historical overview in 2005; however, the legal environment has undergone significant changes since then, thus reviewing and updating the data of the 2005 research is timely. The relevance of this topic is ensured that condominium management and joint representation work affect a significant proportion of the population. From the point of this topic, the condominium is basically a legal relationship within the area of civil law; 16 hence the provisions of the Hungarian act CXXXIII of 2003 on Condominiums (Tht.) shall be applied in a harmonized manner with the Civil Code. In this study, examining the decision-making body of the condominium, we saw that it is the General Assembly, where all shareholders can cast their votes based to the proportion of held ownership. From this research, we have come to know that property relations are contained in the founding document; in all other matters, either the General Assembly decides, or defines the relations among the owners and limits its own power in the Organizational and Operational Rules (SzMSz). It has become clear that SzMSz is not needed in order to establish a condominium, but it is necessary for its lawful operation.17 These rules are formed by the condominium community, thus the form of these rules may, in theory, be the same as the number of existing condominiums. There are so many solutions to a given question or issue as many condominiums exist, since the law does not define a formal requirement, it only defines criteria regarding the content. The diversity of condominium operational rules and the varied management can have different impact on owners and residents, thus many condominium cultures can emerge from authoritarian leadership to assertive decision-making. I examined the impact of the law on culture, according to the milestones set by the legal changes. I consider the constant strengthening of self-determination as the greatest strength of condominium development. Self-determination, in my view, culminated in the creation of the SzMSz, when the owners of various condominiums defined the internal rules for themselves. The internal rules, in my opinion, reflect the culture of condominiums, as they also show the values of ownership. I believe, the condominium policies also show the ways of dispute settlement. The further evolution of condominium regulation will hopefully bring transparency to the condominiums so that the management of those will become known, which is hoped to be a benchmark and will further strengthen the owners’ self-determination.

Item Type: Conference or Workshop Item
Other title: The impact of changes of condominium law on condominium communities
Journal or Publication Title: Jog és kultúra
Date: 2018
Volume: 9
ISSN: 2063-3807
ISBN: 978-963-306-624-9
Page Range: pp. 129-136
Series Name: Szegedi Jogász Doktorandusz Konferenciák
Language: Hungarian, English
Place of Publication: Szeged
Event Title: Jog és kultúra (2018) (Szeged)
Related URLs: http://acta.bibl.u-szeged.hu/74893/
Uncontrolled Keywords: Társasházak - Magyarország - jogi szabályozás
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.05. Law
Date Deposited: 2022. Mar. 26. 11:48
Last Modified: 2023. Dec. 05. 11:25
URI: http://acta.bibl.u-szeged.hu/id/eprint/75020

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