Комплексы недвижимости, объединенные общим имуществом

Abstract

The article is a detailed analysis of the legal regulation of property relations in special complexes of immovable things, including shared property. The basis of these complexes is compactly located negotiable immovables with owners. At the same time, the complex also includes immovable property, intended for servicing land plots, buildings and structures that form the basis of the complex. It is noted that the current legislation regulates relations regarding shared property in immovable property complexes of two types: gardening settlements and low-rise residential complexes. The common and the different in legal regime of shared property in these complexes are considered in detail. A distinction is made between shared property and common property. The author draws attention to the fact that there is a third group of immovable property complexes, in which relations regarding common property are not regulated by law at all. The practice of the Constitutional Court of the Russian Federation on this issue is subjected to a detailed critical analysis. Speaking in favour of the need to determine the legal regime of shared property in all immovable property complexes, the author considers it impossible to apply by analogy the law on the shared ownership in buildings for this purpose. As a way to solve the problem, it is proposed to regulate special transactions for the transfer of shared property into fractional ownership of all persons whose individual property is serviced by this property.