Article 88. Establishment of the Condominium in Buildings Put into Operation Before the Entry into Force of this Chapter

(1) Upon the entry into force of this Chapter, the land, the building put into operation before the entry into force of this chapter, and isolated rooms within the building registered with a distinct cadastral number are declared condominiums by virtue of this law. This rule does not apply if there are no isolated rooms with a distinct cadastral number registered within the building.

(2) Upon the entry into force of this Chapter, the common parts of the condominium declared under paragraph (1) are deemed transfered, free of charge, into the shared ownership of the unit owners, except for constructions and lands owned by the state or administrative-territorial units, in respect of which there is a lease, concession, or superficies contract.

(3) Entries in the register of immovable property regarding the landowner (chapter A) of the condominium declared under paragraph (1) will be removed, and the entry “condominium” will be made.

(4) Entries in the register of immovable property regarding the building owner (chapter B) of the condominium declared under paragraph (1) will be removed, and the entry “condominium” will be made.

(5) If a person was registered before the entry into force of this Chapter as the owner of the building of the condominium declared under paragraph (1), and the building has isolated rooms that are not registered with a distinct cadastral number, such person is entitled, without the consent of the unit owners, to register isolated rooms with a distinct cadastral number and their property rights over them according to the legislation on the cadastre of immovable property. If the building is co-owned, ownership over the newly registered isolated rooms is recorded according to the contract between the co-owners of the building. From the date of this registration of isolated rooms, they will constitute units in the condominium.

(6) Before the registration of isolated rooms with a distinct cadastral number according to paragraph (5), the following rules apply:
a) the person mentioned in paragraph (5) is deemed to hold a share in the condominium based on the surface area of all isolated rooms in that building that are not registered with a distinct cadastral number;
b) the provisions of paragraph (4) do not apply, entries in the register of immovable property regarding the building owner (Chapter B) of the condominium declared under paragraph (1) are maintained, and the entry “incomplete condominium” is added.

(7) If a person indicated in paragraph (5) is the state or administrative-territorial unit, and the building of the condominium declared under paragraph (1) is residential, the right to register an isolated room with a distinct cadastral number expires one year from the entry into force of this Chapter. Isolated rooms that have not been registered with a distinct cadastral number within 3 years are deemed, from the expiry of this period, as common parts of the condominium.

(8) The provisions of this article apply regardless of whether the owners of the isolated rooms are organized in an association or cooperative of any kind or are not so organized.

(9) The provisions of this Chapter applicable to residential buildings apply even if the building has are some non-residential units.