Kazachenok O.P. The Management of Common Property by Owners of Commercial Real Estate
Kazachenok Olesya Pavlovna
Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law, Volgograd State University, Base Department of Southern Scientific Center of the Russian Academy of Sciences (SSC RAS)
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article deals with the issue of managing the common property by owners of commercial real estate. This issue is urgent in the conditions of increasing the investment attractiveness of our country. The author reveals the gaps in acting legislation which does not contain specific norms of managing the common property for commercial facilities.
The article provides a detailed analysis of the judicial practice of general jurisdiction courts and arbitration courts on resolution of disputes between the owners of commercial real estate. Most courts converge to a common position that in this case the standard norms of legal relations indicated in the Housing Code of the Russian Federation should be applied. The author gives suggestions to supplement the Civil Code of the Russian Federation by amendments and additions to the chapter on consolidating the rights to manage common property by its owners. Besides, the author describes the procedure for convening and holding of the general meeting of owners of commercial real estate, as well as gaps in corresponding legislation, which is applied in practice by owners as a measure of impact, and often the actual capture of non-residential premises that are part of a single commercial building.
Key words: management, common property, commercial property, the common share ownership, the General meeting of the owners, appealing against the decisions of the General meeting.
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