Peculiarities of managing the association of homeowners - Purpose, Responsibility, Control
Authors:   Grigol Robakidze University, Barnabishvili Sophio 
Published: June 2022

Although the legal platform for improving the living conditions of the owners of multi-apartment houses, sharing common interests and creating the desired well-being has been in place since 2007, neighborhood law still faces many difficulties and challenges. Prior to the current legal regulation, there was a need for obedience, mutual respect and empathy among the neighbors, and an obligation arose from long ago, which included the housing regulations in the Soviet space and the rights and obligations under the Civil Code. Given that this legal regulation obliges each resident to understand the importance of individual property and common use status and their share of responsibility in the common case, the current case law is rich in disputes over the ownership and use of space managed by landlords. This article: "Features of the management of the homeowners 'association - Purpose, Responsibility, Control", presents the history of the origin and development of homeowners' associations, the preconditions, needs and importance of creating a relevant legislative platform. In addition, the partnership is discussed as a model of cooperation, the scope of responsibilities of members and the chairman, the goals of the union and control mechanisms at both the state and local self-government levels. The author believes that great attention should be paid to the training of chairpersons to take on this responsibility, however, it is necessary to have material support, as such an environment increases competition and the quality of work performed. It should be noted that the article focuses on the organizational aspects of the partnership, its legal regulation and neighborhood relations, where the moral values of the members and the management of individual property are no less important, so as not to infringe on property, restrict and damage the rights of others. Free disposal of property is inadmissible only in accordance with the views of the person, it is necessary to define the area of free action and to understand that the management of individual property should not be harmful to third parties. The author focuses on the basic tools of partnership management, the typology of condominiums and the legal status of members. The article covers the following important issues: a member of the partnership as a necessary data, "forced membership" and its constitutionality, the scope of authority of owner and non-owner members, the legal entity as a member of the partnership, the responsibility of the state as a member of the partnership and the controlling entity. Institution of rightful owner. The article discusses the organizational aspects of a condominium, which includes assessing the authority, role and importance of the convention assembly in the process of confirming ownership of the item and subsequently registering ownership of it. It is assessed whether the number of votes currently in the law is sufficient in the process of disposing of the property, whether the partnership assumes responsibility for its subsequent maintenance, whether there is a further control mechanism. Describes the institution of the chairman of the partnership as a manager and a representative of the neighborhood union. Where the chairman's responsibilities begin and end, whether it is appropriate to end their responsibilities solely by disposing of common space. However, a comparative legal study presented in the article, based on the example of the United States and various European countries, highlights the value of effective management of owners' associations, both legally and practically. The article summarizes the main challenges of the issue, the factors hindering the development of the partnership as a neighborhood union, and the issues of redistribution of responsibilities. Emphasis is placed on the importance of each member's role and function in good faith.