The Land Consolidation Court may impose orders on condominium associations

The case concerned the jurisdiction of the Land Consolidation Court in relation to condominium associations.

The role of the Land Consolidation Court is to facilitate the efficient and appropriate use of real property. Among other things, it may establish arrangements between owners for the shared use of outdoor areas, such as common roads, playgrounds or parking areas.

The issue in the case was whether the Land Consolidation Court could order a condominium association to construct an outdoor staircase leading to a common garden, following a request from one of the unit owners. The Land Consolidation Act contains several provisions referring to condominium associations. Such associations are, however, not mentioned in section 3‑9 on joint measures, which was the relevant provision in this case. The question was whether this means that section 3‑9 does not apply to condominium associations.

The Supreme Court held unanimously that the Land Consolidation Court has jurisdiction to order condominium associations to carry out joint measures, such as constructing an outdoor staircase as in this case. The Court noted that section 3‑9 is worded in general terms and does not distinguish between different types of property or ownership structures. Excluding such properties from the scheme for joint solutions would also lead to undesirable consequences. There are no weighty considerations that justify interpreting the provision in that manner.

The judgment clarifies the jurisdiction of the Land Consolidation Court to issue orders to condominium associations concerning joint measures under section 3‑9 of the Land Consolidation Act.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: Land consolidation

Key paragraphs: 27, 46–51

Justices: Falkanger, Thyness, Sivertsen, Vang, Steen