On the Procedure for Using the Common Property of the Owners of Immovable Things

This study is devoted to the analysis of the concept and composition of the common property of the owners of immovable things, as well as the established practice of using parts of the common property by individual owners in their own interests. The article examines the legal nature of the right to use common property. Based on the analysis of research by scientists and judicial practice, the author concludes that it is possible to provide a part of the common property for individual use by individual owners only if an appropriate decision is made by the general meeting of real estate owners, including for a fee. Such a decision can be either common to an indefinite circle of tenants or loan recipients, with the transfer of rights to conclude a lease agreement (loan) of a part of the common property to members of the board of the real estate owners association or the council of an apartment building, with the establishment of the procedure for determining rent, or specific for each tenant. As a guarantee of respect for the equal right of use by each co-owner of common property, it is proposed to supplement the Civil Code of the Russian Federation with a norm imposing an obligation on a management organization, a homeowners’ association, a housing cooperative or other specialized consumer cooperative to take measures to eliminate violations of the use of common property, including by filing a corresponding lawsuit in court. The article also analyzes the illegality of long-term parking of vehicles of owners of real estate premises on the land plot on which the building is located. A proposal has been developed for the owners of real estate objects to determine the deadlines for parking vehicles at a general meeting of such owners.