DISTRIBUTION OF THE COMMON PROPERTY vs MANAGEMENT OF THE COM-MON PROPERTY (REFLECTIONS ON THE FIELDS OF A COURT ACT)

Abstract The article analyzes various approaches to the concept of managing the common property of apartment building owners in different jurisdictions. The author aims to show that managing the common property does not necessarily lead to its alienation and, consequently, the loss of the title of ownership. On the contrary, there are a number of transactions that, although they involve managing the common property, maintain the regime of common ownership. In this case, the author believes that obtaining consent to manage the common property should not be based on unanimity, but rather on the rules of majority.