Legal challenges in ensuring regular maintenance and repairs of owner‐occupied apartment blocks
Purpose – The purpose of this paper is to compare different apartment ownership systems and analyze how to enhance the regular maintenance and repair of owner‐occupied apartment buildings. The dwellings themselves are often in fairly good condition, but the common parts (e.g. walls, roofs, stairwells, and technical installations) are often poorly maintained.Design/methodology/approach – Apartment ownership systems in ten European countries (Austria, England, Finland, France, Germany, The Netherlands, Norway, Spain, Sweden and Switzerland) are analyzed, along with Canada, China, Russia, and the USA, and some of the main findings from each country are presented. The material studied is primary legal sources together with the relevant literature.Findings – It seems that there are severe obstacles in the legislation of many countries. Some of these obstacles are: the non‐existence of a proper decision‐making body (e.g. homeowners' association); the wide use of a qualified majority, or even the use of consensu...
3D property rights an analysis of key factors based on international experience
The objectives of this thesis are to establish the fundamental principles in the field of 3D property rights by studying such systems in different countries with a particular focus on management qu ...
Juritecture of the built environment: a different view on legal design for multiple use of land
Purpose – This paper aims to introduce a new view on the role of the lawyer in the process of development and maintenance of the built environment.Design/methodology/approach – For this paper the research consists of listing and analysing legal questions raised by multiple use of land. A multidisciplinary approach is used from a legal point of view and from a planning development point of view.Findings – It is argued that law is not only a way of setting boundaries, but also should be stimulating to the development and maintenance of the built environment. This is what we call “juritecture”. The juritect is a designing lawyer; the legal construction is his responsibility. The juritect should have a role in the design process as early as possible, and he should work together with planners and architects. On the one hand, the work of the juritect seems to be that of a legal craftsman. His toolbox consists of instruments of both property law and contract law. On the other hand, the juritect is a legal schola...