Abstract

The analysis concerns practical problems occurring in the case of the management of joint real property (real properties) in the event that there are several (or several hundred) plots of land built up with single-family houses, while the access roads to them, recreational areas and, more broadly speaking, so-called common areas, are co-owned in fractional parts by owners of real properties developed with houses. Housing estates of this type have been and still are very popular, but numerous problems related to the maintenance of common property may in practice have a very negative impact on their functioning. As long as there are no disputes between the owners of individual properties located on the estate and concerning common properties, the situation seems simple. However, when such disputes do arise, often the only solution is appointment of a court administrator - however, such a solution is not satisfactory.
The problems presented in the study as regards management of such a housing estate provide grounds for postulating the need for legal regulation. Currently - in the absence of specific provisions - the provisions of the Civil Code on co-ownership apply to management of common real property located on a housing estate. However, this is definitely not a sufficient solution - since this regulation is intended to refer to temporary situations. Meanwhile, the functioning of a housing estate is planned for many years and there is no room for or practical possibility of leaving the co-ownership of the common property used by the owners of real properties located in the housing estate.