The Constitutional Court pronounced a decision by which it declared the mandatory association of owners of condominium apartments constitutional. Under the provisions of the Law on Condominium, the persons who purchase apartments in condominiums after the association of co-owners is set up to become its members immediately after gaining the right of ownership over the apartment (room), IPN reports.
On July 20, the Court held that by the creation of associations of condominium owners, the lawmakers pursued the goal of protecting some of the general interests. The administration and management in good conditions of common property can be ensured only within an associative body. Consequently, the obligation to create associations is not is not a goal in itself, but a way of ensuring the process of maintaining apartment buildings for the common interest of all the co-owners.
Thus, the Court concluded that in particular conditions, the lawmakers can set up special association forms to protect general interests. In essence, the association of condominium co-owners is a specific form of association and is not regulated by the principles governing the freedom of association laid down in Article 41 of the Constitution. Also, the challenged provision does not affect the principle of equality before the law.
The Constitutional Court’s judgment is definitive and takes effect when it is passed, and is also published in the Official Gazette of the Republic of Moldova.
