Apartment Owners Research Articles

The Analysis of Property Loans Development in Indonesia

The property sector in Indonesia has an essential role in driving the national economy. The bank lending development to the property sector in April 2019 did not show significant growth and stagnant. This study analyzes the growth trend of property loans in Indonesia and estimates the factors that affect the number of housing loans (KPR) and apartment ownership loans (KPA) in Indonesia. The data used in this study are secondary data and time series. The analytical tools used in this research are trend and regression. The results showed that from 2020 to 2025, the property loan growth in Indonesia will still be sluggish. The condition is identified by construction loan which is expected to grow even though the increase is not too significant, real estate loan is still fluctuating, this is because in 2019 there was a decline in real estate loan growth of almost 50 percent from the previous year, and KPA and KPR are estimated to decline even though in nominal terms the number of KPR and KPA increases. The population number variable has a positive and significant effect on the number of KPR and KPA in Indonesia. The more the population, the more the number of KPR and KPA will increase. Meanwhile, the variables of economic growth and inflation in this study did not significantly affect the number of KPR and KPA.

Analysis of consumer preferences for construction and repair of residential buildings and apartments in the context of the COVID-19 pandemic

The article analyzes the dynamics of consumer spending on construction and repair of residential buildings and apartments during the COVID-19 pandemic. In the context of the pandemic the author concludes that the population of our country needs both to invest money and to solve urgent problems related to the implementation of the following plans – to organize the repair of their own apartments or the construction of houses or summer cottages on their land plots. In this regard, it can be concluded that the owners of apartments and houses plan to spend significant funds to achieve this goal. Accordingly, the analysis showed that with the growing demand for the services of construction teams, as well as the significant costs of the population for repairs and building during the pandemic, the volume of expenditures of Russian citizens in the construction industry tends to increase.

A conceptual model identifying apartment owners' attitude formation towards solar photovoltaic (PV) adoption

PurposeThis paper addresses the current lack of solar photovoltaic (PV) adoption by Australian apartment dwellers by proposing a conceptual model that identifies and integrates the factors influencing owners' attitudes towards PV adoption.Design/methodology/approachThe conceptual model, which this paper terms the apartment-based solar adoption (ASA) model, is developed by applying motivation–opportunity–ability (MOA) theory to relevant findings in property development, green energy and strata governance literature.FindingsThe ASA model demonstrates the process by which an apartment-owning consumer may progress from considering solar PV adoption to recommending the action to their strata property's Owners' Committee (OC). It incorporates three motivational drivers (pragmatic considerations, perceived values and perceived social norms), three conditional mediators (location accessibility, resource availability and decision-making conditions) and three requirements from the consumer (actual and perceived knowledge, the ability to participate in decision-making and social connections and status).Research limitations/implicationsThis article contributes originality to research on two counts. Firstly, it provides a conceptual framework of specific relevance to issues concerning solar PV adoption, and secondly, it offers a systematic means for research into strata governance decision-making. Further research is required to develop the means with which to utilise the model prescriptively and measure longitudinal effects, such as ongoing trends in apartment owners' motivations. Further research is also recommended into how the ASA model may be utilised to identify generalisable consumer typologies among apartment owners.Practical implicationsThe ASA model may assist building maintenance providers in developing and marketing solar PV services tailored to apartment residents' requirements and enhance strata managers' ability to inform and guide apartment owners. In turn, property developers would be able to review apartment-based solar projects, measure their increased value and decreased energy costs and incorporate this information when planning future developments.Social implicationsThe ASA model may provide a template for apartment owners and owners' corporations considering solar PV for their property. Public policymakers could also refer to the model to incentivise apartment-based solar PV adoption, whether through designing local information campaigns, developing financial incentives or mitigating identified regulatory barriers. By facilitating solar PV adoption in Australian apartment housing, the model may ensure sustainable post-carbon energy consumption for Australia's housing stock and act as an example for high-density housing development internationally.Originality/valueThe ASA model addresses the many drivers and barriers known to affect solar PV adoption by apartment owners, presenting a framework on which to arrange these factors and outline their causal relationships. This framework may inform strata properties' future solar PV adoption initiatives by incorporating their specific physical characteristics, stakeholder dynamics and institutional structure. It also consolidates and provides generalisability to the concepts established in current literature.

Production system of apartment house as an enterprise

The specific problems of apartment building management in Ukraine, which arose as a result of housing privatization using the approaches of civil rather than commercial law, are considered. The recognition of the apartment as real estate, the organization of house management through the voluntary creation of condominiums in the form of a public organization; absence of land and house as real estate in the account of the subject of ownership and management are criticized. The analysis of the literature showed the need for a profound rethinking of ways to improve home management. 
 The purpose of the article is to consider an apartment building as a primary object of ownership and as a production system, an economic and not public organization, enterprise. The methodological approach in substantiating the ways to solve the problem and in formulating conclusions is to compare these alternatives of joint ownership with the use of the provisions of system analysis, models and organizational and legal forms of enterprises. 
 It is shown that in the housing sector as a production subsystem of the sphere of social production, and in it - in the multi-apartment housing stock as a subsystem, the house is their element. Home management is mostly organized by apartment owners as a joint household or condominium. However, a modern apartment building in a business environment is a complex production system that has all the functional features of a business organization-enterprise, and the ownership structure can function most effectively on a corporate model in the form of a joint stock company.
 Conclusions on the incapacity of the current model of ownership and management of an apartment building, the need to improve the model of condominiums as a subject of management of the object - a condominium; formation of a new segment of corporate-owned houses in joint households are formulated.

Susvojina etažnih vlasnika na parceli na kojoj je zgrada izgrađena

The focus of this paper rests on the right of apartment owners on the land on which the building is built and the land that serves to its regular use. The paper aims at identifying the 1) type of that right; 2) over which land that right streches, and, eventually, 3) which legal rules are relevant for that right. The answers to these questions require a systematic interpretation of solutions from several legal sources, most notably the Law on Foundations of Property Law Relations, the Law on Housing and Maintenance of Apartment Buildings and the Law on Planning and Construction. With regard to the legal regime of that right, the paper concludes that special rules establish numerous deviations from the general regime that, in the absence of special rules, would otherwise be applicable to it. Deviations are detected with regard to the: 1) authority to dispose of the share in the ownership right over that land; 2) management of that land; 3) dissolution of the co-ownership community that exists among apartment owners in relation to that land, and 4) covering of costs incurred by the use and maintenance of that land. Theoretical considerations have been supplemented by an analysis of a case from a recent domestic jurisprudence that underlines a practical dimension of the elaborated subject matter.

Pravo etažnih vlasnika na zemljištu na kome se zgrada nalazi u kontekstu pretvaranja prava korišćenja u pravo svojine na građevinskom zemljištu

Initially the paper recalls that the apartment/condominium ownership is a complex legal construct, which, as a special form of ownership, is the legal institute of modern age. Thereupon, the reasons underlying its legal recognition and widespread use have been indicated, taking into account its deviations from the general ownership regime. Complexity of the apartment/condominium ownership stems from its specific object. Namely, three components of this legal construct: the right on the separate unite of the building (which could be in the the exclusive ownership, co-ownership or in joint ownership), the right on the joint parts of the building (in joint ownership of apartment owners), and the right on the land on which the building is located (in co-ownership of apartment owners), should be normatively shaped and systematically coordinated. Special attention has been paid to the right on the land, from the viewpoint of its peculiarity during the development of a legal system in Serbia after the World War II. The process of conversion, i.e. transformation of the right of use into the right of ownership in Serbia has begun in 2009 by entering into force of the still applicable Planning and Building Act. Evolution of the regulation of the rights of apartment/condominium owners on the land on which the building was erected (including the land which serves for its regular use), from 2009 to 2020, has been examined in detail in the light of its adequacy and capacity to contribute to the (re)establishing of the legal unity of the immovable property, as well as to the prevention of contentious situations.

CONNECTION OF THE WORLDVIEW EXPECTATIONS OF CITIZENS TO THE HOUSING POLICY OF THE STATE

The development of worldview expectations of citizens is a natural, orderly and inevitable changes in the perception of the subject, to have the right to the object, due to the tendency of constant social transformations. The worldview expectations of citizens for the realization of their right to housing combine the theory of the nature of things, the philosophy of values and the theory of forms of being as phenomenological concepts of law and consist of the legal consciousness of each individual separately and society as a whole. When analysing studies of the worldview expectations of citizens with any state policy, including housing, one should consider the natural duality of each person, which requires an integrated approach to considering the problem of the functioning of interrelated factors, namely: society, the system of legal norms, personality, human internal perception of real and the actual actions of the subjects of the relevant regulations. In modern conditions, the worldview and legal thinking in Ukrainian society is undergoing a process of transformation from a system of socialist perception of mutual obligations to democratic principles of the development of political perception, considering the European integration course of the country, therefore, it is at a transformational stage. Insufficient housing has traditionally been a powerful potential source of dissatisfaction for citizens living in post-Soviet countries. This is largely due to the legacy of the Soviet system when the state provided housing to families based on non-market principles. Another reason is the traditional shortage of housing in the Soviet era. One way or another, the housing affordability situation remains a pressing political issue. People who are dissatisfied with their housing situation are more likely to be critical of the country's government, while home and apartment owners are more susceptible to government support. Among the potential sources of instability in post-Soviet Eurasia, researchers have traditionally paid much more attention to general economic problems and political conflicts. However, the tension created by the unresolved housing issue is a long-term challenge, which is dangerous to ignore. The paternalistic hopes of a large part of the population of Ukraine (as well as the entire post-Soviet space) for the decisive role of the state in providing citizens with housing are still preserved. To some extent, such sentiments are supported by the social orientation of the current Constitution of Ukraine, adopted in this form in 1996 as a political compromise. Nevertheless, the norms of the Basic Law are the norms of direct action. Whether the state creates such conditions in practice can be asked of families who for decades have been almost without advancing in the queues for housing in local authorities.

Possibilities for Doing Business Activities for Housing Associations

The study deals with the issue of the possibility of running a business by a housing association which is rarely discussed in the literature. The specificity of this entity, focusing on the management of common real estate in multi-apartment buildings, makes it seem impossible for the housing community to undertake business activity. Each entity enjoys the right to start a business. Restrictions in this respect cannot be presumed due to the specificity of a given entity. In the current legal status undertaking such an activity for the apartment owners and creditors of the local government community is inadvisable and risky, inter alia, due to the lack of legal regulations regarding the possibility of declaring bankruptcy of a housing community. To ensure the safe economic activity of the housing community, the legislative changes indicated in the article are required.

Result of Law on Construction of Flats which are Granted Ownership Rights Over the Building Use Rights

The study, entitled "The Legal Consequences for the Construction of Flats Which Are Given Ownership Status over Building Use Rights in the City of Semarang" in order to find out and analyze legal protection for apartment owners with ownership rights over building use rights and legal consequences of building flats with ownership rights above the right to build. This study uses an empirical juridical approach, which is a legal research conducted by examining and analyzing existing facts in line with observations in the field. Legal protection of ownershipownership rights to flats above the right to use the building, of course based on evidence of legal certainty obtained by the owner of the apartment unit in the form of a certificate of ownership of the apartment unit. Ownership of one flat is certainly owned by each individual who owns the flat with horizontal and vertical separation principles. The regulation regarding the right to build itself explains that the legal consequence of the expiration of the term of the right to build will result in land falling to the state so that each resident of the apartment with the joint management of the apartment must still pay attention to the period of time for the unit belonging to the apartment. The legal consequence of the construction of a flat above the right to build is that based on the principle of horizontal separation so that there is proof of ownership of the apartment which is explained in the certificate that the ownership rights to the apartment unit are not eliminated provides a certainty of ownership of the apartment. The status of the apartment on the right to build will certainly result in each resident of the apartment paying the cost of extension of the building use right because in this case if the right to use the building ends it will have an impact on the status of the land that is jointly owned in the form of public facilities around the house stacking.

Institutional reforms and issues around the Apartment Ownership Law concerning the rebuilding of condominiums

Institutional reforms and issues around the Apartment Ownership Law concerning the rebuilding of condominiums

Beijing Resident’s Preferences of Ecosystem Services of Urban Forests

This paper aims to investigate the Beijing resident’s preferences over various options of urban forest management strategies. The literature investigation and expert Delphi method were conducted to classify the ecosystem services of urban forests into six categories: (1) fresh water provision, (2) noise reduction, (3) moderation of extreme events, (4) air quality regulation, (5) species diversity and wildlife habitat, and (6) recreation and spiritual experience. To elicit the relative preferences to ecosystem service (hereafter referred to as ES) of Beijing residents, we employed the choice experiment method. The data were collected by interviews with questionnaires conducted in October 2017, and a total of 483 valid questionnaires were analyzed. The subjects of this experiment were residents older than 19 years old who have lived in Beijing for more than 1 year and have visited any one of the urban forests located in Beijing more than once during 2016. The results were as follows: Firstly, the air quality regulation ES was considered as the most important service for Beijing residents in terms of their choices of urban forest. In addition, Beijing residents regarded the fresh water provision ES as the second most important ES. Beijing residents were willing to pay up to 1.84% of the average monthly income of Chinese households annually to expand urban forest ecosystems in order to improve air quality. Secondly, apartment owners were willing to pay more municipality tax for forest ESs than residents who did not own an apartment. Thirdly, residents were more willing to pay for urban forest ESs as their income increases. The results indicated that Beijing residents were willing to pay more tax in support of urban forestry for air quality improvement. This research suggests that urban environmental policy makers in Beijing should pay more attention to the regulation function of forests (especially improving air quality) when designing and managing urban forests.

Selective rescaling, inequality and popular growth coalitions: The case of the Israeli national plan for earthquake preparedness

What happens when a government decides to up-zone an entire country and give apartment owners nationwide incentives to upgrade their homes? Can such a plan benefit everyone? What happens when it does not? We discuss these questions by analyzing TAMA 38, a nationwide statutory plan approved in Israel in 2005. With this plan, the central government encourages apartment owners of older buildings (built before 1980) to make them earthquake-ready by giving them options to add floors and space, and to cooperate with developers who will renovate the properties. The plan is a strictly entrepreneurial undertaking that depends entirely on land values and private market actors. At the same time, to expedite the implementation of the policy, the central government performed a bold scalar jump, bypassing both local and district planning levels and allowing owners to acquire building permits regardless of local plans, conditions, and regulations. We discuss this plan in light of the literature on rescaling in planning. Scholars show that following decades of growing neoliberal decentralization, various central governments are now advocating a variety of centralized-decentralized policies that bypass local decision-making and/or strategically blur national, district, and local planning scales. As in the case of TAMA 38, such methods perpetuate the neoliberal dependence on market agents, and prioritize specific actors, places and projects. By analyzing the implementation of this policy, we show how such methods create uneven development and power conflicts between actors from different planning tiers. Ultimately, we demonstrate that regardless of nationwide goals of earthquake preparedness, planners focus on central locations and affluent actors, while meaningful questions about equality and scale are sidestepped and ultimately forgotten.

Analysis of Defects in Residential Buildings Reported during the Warranty Period

The aim of the article is to present the results of preliminary research of the defects in residential buildings occurring during the warranty period. Due to the small amount of data, the research results cannot be generalized but allow for the formulation of research hypotheses that will be verified in future studies. The data collected included reports of defects in three multifamily residential buildings constructed by the developer in one of the big cities in Poland, which were then examined. For the examination of defects, statistical analysis was used, which revealed that more than half of the reports contained reasonable defects. The results of the preliminary research also indicate that, on the one hand, owners are very active in making warranty claims in the first three months from the date of commissioning, and, on the other hand, with time, the percentage of reasonable defects increases. In terms of the significance of defects, the largest percentage was significant defects. The results showed little activity on the part of property managers in the initial phase of the operation of the buildings, which is the opposite of that of apartment owners. Reports of faults in windows and door joinery, moisture, scratches on walls, and in the area of balconies and terraces are characterized by a relatively low number of cases reported in the first half of the year after the building is commissioned and a gradual increase in the subsequent warranty period. On the other hand, reports related to electrical installation defects are most frequent in the initial period of the warranty, but, with time, their number decreases.

Apartment ownership in a Condominium under Georgian Law

Abstract The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.

Perceived quality of built environment, service, satisfaction and value in use, in the context of residential buildings

PurposePost-occupancy evaluation (POE) demonstrates relevance nowadays. Because of the wide competition between construction companies, it is necessary to be assertive, so satisfied clients bring new clients through communication amongst the users. This paper aims to assist a construction company, evaluating apartment owner’s perceptions regarding the built environment, the perceived quality of services, the satisfaction and the value in use, in the context of multifamily buildings.Design/methodology/approachThis paper presents quantitative research of POE, applying confirmatory factor analysis and multiple linear regression. These methods analyse how the attributes behave in each theoretical dimension and evaluate the relationship between the dimensions of the built environment and services including customer satisfaction and value in use.FindingsThe results demonstrate that the constructs associated with management aspects such as service, cause higher levels of satisfaction and, therefore, higher value in use. The results become guidelines for constructors, supporting management and project decision-making.Research limitations/implicationsThis study’s limitation is related to the number of questionnaires applied. The survey was applied to the apartment owners in all five buildings from a constructor, considered as the entire population of the research. For that reason, there were not used a sample. Further studies are required to improve the results, even more, using the present research in a larger sample, seeking a better generalisation. Also, future studies might evaluate other types of constructions and environments.Originality/valueThis paper used marketing constructs related to satisfaction, value in use and service, applied in the construction field of multifamily residential buildings.

Rooftop Autophagy Vertical Monadism in Maputo, Mozambique

Based on recently gathered ethnographical data from Maputo, Mozambique, this article examines the vertical growth of the city. In particular, it focuses on the production of social and physical divides that emerge when the city’s rooftops are being used for habitational purposes. During the last two decades, rooftop spaces in Maputo’s inner-city have increasingly been appropriated for habitational use by owners of the buildings’ apartments. In order to secure a viable subsistence level, owners rent out their apartments and move to small storage rooms on the rooftops. Very few of these rooftops have electricity and water installed and so residents connect to the buildings’ existing but increasingly fragile systems of power cables, water pipes and drain pipes. In many of the city’s apartment buildings, this spatial organization—where apartment owners living on the rooftops are informally attached to the apartment renters through a fragile and leaking system of pipes, tubes and cables—has caused numerous and ongoing conflicts, which constantly threaten to disrupt the volatile social stability of the building. In this article, I introduce the notion of ‘rooftop autophagy’ to capture the dynamics of a critical urban phenomenon, which grows by feeding on itself and, by so doing, generates major urban divides at the heart of the city.

«Chinese» market in the space of a Russian city (the case of Chelyabinsk)

This article is focused on the problem of formation and development of «Chinese markets». Most of the aca-demic texts on the issue are based on materials from the Irkutsk «Shanghai» market. «Chinese markets» of the Ural cities have not been explored. The purpose of this manuscript is to trace the formation and development of ideas about the «Chinese market» among the residents of a large Ural city using the example of Chelyabinsk. The source base includes the author’s personal observations made in the Chinatown area (vicinity of the «Zare-chny Market»), archival documents on migration and trade between China and Chelyabinsk Oblast. In 2019 the author gathered interviews with consumers of the «Chinese» market, apartment owners who rented out housing to the Chinese, and market workers. The Chelyabinsk and all-Russian press are important sources for studying public opinion regarding the «Chinese» markets. The complexity of the study object resulted in the use of a com-plex of methods. These are free informal interviews with city dwellers, included observation in the «Chinese mar-ket», analysis of press content and discourse. Our study of perception of the «Chinese market» showed a lot in common between the emergence of «Chinese markets», and, most importantly, the reaction of the host commu-nity in Chelyabinsk and Siberian cities to this process. In the media discourse and in the mass consciousness of the townspeople, ideas about the «Chinese market» created an image of a «Chinatown» and a large number of Chinese migrants. Around the market, a complex of perceptions of threats has been formed (crime, tax evasion, low-quality goods, etc.). The Chinese market has formed complex networks of social relations between traders and consumers, the host society and migrants. The term of «Chinese market» has incorporated a large number of meanings that are understandable without additional explanation: from organization of urban space to a set of markers that determine social status. Today, the «Chinese market» is the image of the «East» for citizens, where different ethnic groups, borders, and cultures are intertwined.

LEGAL STATUS OF THE APARTMENT OWNER IN THE MANAGEMENT OF THE RESIDENTIAL HOUSE

This article examines the legal status of the apartment owner in managing the residential house. An apartment property is being studied, which together with other apartment properties forms the joint ownership of the residential house and the apartment owner, who manages the separate apartment property and, together with other apartment owners, forms a community of the residential house, which together decides issues relating to the joint ownership of the residential house. The handling of apartment property to the extent of the legal capacity of the apartment owner and the community of the residential house in relation to the detached apartment property and joint ownership of the residential house will be considered. The rights and obligations of the apartment owner are analyzed. As well as exploring the rights and responsibilities of the residential house manager. And how closely the apartment owner is associated with the residential house manager. In order to fully realize the maintenance of the residential house and the well-being of apartment owners, there must be understanding and receptivity between the residential manager and apartment owners.

POPULATION PARTICIPATION IN THE HOUSE MANAGEMENT PROCESS AND ASSESSMENT OF THE FACTORS AFFECTING IT

The aim of the work is to evaluate the participation of residents in the house management process and the factors influencing it, and develop proposals for improving participation. The problem of research - home management is a primary need of every apartment owner, and it is their duty to take part in this process, however, the public still lacks knowledge and neutral, objective information in house management and administration process. Novelty of the research - identified the main inhibitory factor to citizen participation in the house management process.

A Comparative Analysis of Recent Modifications to Several Legal Regimes for Apartment Co-ownership

On 5 February 2018, the Belgian government submitted a draft bill to the Chamber of Representatives for a Law containing various provisions on civil law and amending the Judicial Code in view of promoting alternative forms of dispute resolution. This bill, referred to hereafter as the ‘Law of 18 June 2018’ was approved by the Belgian Parliament on 7 June 2018 and published in the Belgian Official Gazette on 2 July 2018 (Law containing various provisions on civil law and amending the Judicial Code in view of promoting alternative forms of dispute resolution, 18 June 2018, Belgian Official Gazette, 2 July 2018, p 53455.). The Law of 18 June 2018 has introduced numerous changes to the Belgian Civil Code (BCC), in particular to the section on apartment co-ownership (Arts 577-3 to 577- 14 BCC). Most of these amendments came into force on 1 January 2019 (For the transitional provisions, see Art. 179 Law of 18 June 2018.). In France, the Apartment Ownership Law of 10 July 1965 has also recently been amended by the Law Loi portant Evolution du Logement, de l'Aménagement et du Numérique (ELAN) of 23 November 2018 (Law ‘ELAN’ on the evolution of housing, development and digital technology, 23 November 2018, French Official Gazette, 24 November 2018.). Meanwhile, the French Ministry of Justice has been planning a structural reform of the regime for apartment co-ownership by resolution (‘par ordonnance’) since 2017. As a result, the French government now faces a very complex legislative situation, since in the next few months, it intends to carry out a major reform of the apartment co-ownership regime while at the same time having to amend the existing Apartment Ownership Act in order to implement the ELAN Law (D. TOMASIN, ‘Les dispositions de la loi ELAN relatives à la copropriété’, (1) AJDI 2019, p 40.). Finally, the Dutch apartment legislation has also been subject to some interesting modifications in the last few years, such as the obligation for apartment owners to contribute a fixed amount to the reserve fund (Law amending Book 5 of the Civil Code in connection with improving the functioning of owners’ associations, 29 May 2017, Stb. 2017, p 241.). By no means is this contribution intended as an exhaustive analysis of the recent changes to these three different legislations. The main objective of this publication is to give a general overview of some interesting developments regarding apartment co-ownership legislation in Belgium, France and the Netherlands, using the recent Belgian reform as a starting point for the comparative analysis.