This article introduces the readers to the exceptions of the rule that the yard represents a common part in condominiums. The importance of this topic arises from the restrictions posed to the owners of ideal parts of the yard.
The article draws the readers` attention to the following cases in which the yard do not represent a common part:
- Upon a resolution of the general meeting of the condominium for change of its use.
- When the condominium is built on the basis of a right to build.
- When a third party owns ideal parts of the right over the yard, but is not a holder of any property rights over premises in the condominium.
- When there are two buildings in yard and one of them is individual property, and the other is in condominium.
The exceptions listed above provide the owners of yards with buildings in condominiums to transfer their rights freely and grants the validity of these transfers.