Article 79. Right to Establish an Association of Owners from a Single Condominium

(1) At any time, the community of owners from a condominium who are members of an association with multiple condominiums may pass a resolution to establish an association of condominium owners for their own condominium as per Article 22.

(2) From the date of registration of the new association, by virtue of this law, all owners from that condominium cease to be members of the association with multiple condominiums and become members of the new association. However, each retains liability towards the association with multiple condominiums for their own obligations incurred before the establishment of the new association.

(3) The new association is subject to the provisions of this law.

(4) The new association is entitled to request from the association with multiple condominiums (and the owners in the condominium remaining in it) the division in kind of the common parts (including portions of land) to the extent that they are intended for the use of the condominium belonging to the members of the new association. The division contract is approved by the general assembly of the two associations involved. In the absence of a division contract, the provisions of the Civil Code regarding judicial division apply.

(5) The judgment ruling on the action to divide the common parts of one association against another association is enforceable against all owners in the condominium who are members of these associations.