How does the gated residential complex arise?


How does the gated residential complex arise?

 
With the adoption of the Condominium Ownership Act (LCAA) for the first time in the Bulgarian legislation the residential complex of closed type was settled:
 
"Special regime of management of the common parts
 
 The management of the common parts of condominiums built in a gated residential complex is regulated by a written contract with a notary certification of the signatures between the investor and the owners of independent sites.
 
 The contract is entered into the lot of each individual object and is opposed to its subsequent acquirers. "
 
The two-sentence laconic arrangement of the institute in question raised a number of practical issues that initially faced investors and buyers of stand-alone buildings in condominiums (their lawyers and legal counselors), subsequently the notaries and very soon - and the courts ...
 
Perhaps the legislator's idea of ​​proposing such a short legal framework is related to the contractual nature of this "special regime" of condominium management (and those emerging within the latter inter-neighbor relations). However, there are several important issues that should receive a clear legislative response.
 
One of them is the question "How does the residential complex come from?"
 
It is possible to adopt two permissions:
 
 to accept that the closed-type residential complex arises under the law (ex lege) in the presence of the preconditions laid down by the legislator (as the legal regime of condominium ownership) or that the closed-type residential complex is constituted by explicit declaration of will by persons designated by the law, made in a form provided for by the law (conclusion of the contract under Article 2, paragraph 1 of the AAUA).
 
Which of them is adopted by the Bulgarian legislator?
 
In order to answer this question, the legal definition of a closed-type residential complex should be considered and the elements included in it should be analyzed. Paragraph 1, item 3 of the DS of the SSA defines the residential complex of closed type as:
 
"Complex, separated as a separate regulated landed property, in which condominiums and other facilities serving the owners and occupiers were built, subject to controlled access requirements for outsiders."
 
Several key features can be distinguished in the so-called definition:
 
- the existence of a regulated landed property. This property provides the unity of the complex. Buildings in condominiums and other service facilities should be built within its spatial boundaries. Condominiums located in different landed properties do not have the degree of separation required by law to allow their management as a closed-type residential complex;
 
- the existence of several condominiums. The second feature of the gated residential complex is related to the existence of several built buildings, each of which has a condominium property regime. Although not explicitly mentioned in the text of the legal definition, the separate sites in these buildings should have residential purposes. This follows from the very name of the institute - residential complexes of closed type. According to the current text of the legal definition, a gated residential complex can not arise when in a regulated land plot several separate and stand-alone buildings are built, owned either by exclusive property or as joint ownership by different persons - a case marked as horizontal condominium ownership. It does not fall into the content of the definition and the hypothesis in which the condominium building is only one;
 
- the existence of other sites serving the owners and occupants. The availability of service facilities in the landed property is provided in paragraph 1, point 3 of the ADR of the LSA as a cumulative requirement, along with the requirement for the existence of several independent buildings in condominium ownership. These objects have a special purpose and serve the use of the independent objects located in the buildings in a condominium ownership mode. They can be separate buildings, facilities, playgrounds, gardens, recreation areas, swimming pools, etc. Their use may be related to the provision of additional services to the residents of the gated residential complex (retail outlets) or to provide its management (administrative objects);
 
- the introduction of controlled access requirements for outsiders. Although the legal definition restricts the rules of controlled access to outsiders only, they should also apply to residents of the complex insofar as they also have to use the designated entry and exit points of the complex to comply with the procedures for identification, pass, etc.
 
 
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How does the gated residential complex arise? How does the gated residential complex arise?