The Slovenian legal order does not recognize to the community of floor owners neither the legal capacity nor the capacity to sue. The community of floor owners thus remains only a community of natural and/or legal persons which are effectively connected and as such holders of rights and obligations. Therefore a legal lacuna exists which causes that the legal position of the floor owner is not adequately protected, as is shown in this article by the examples of case-law. It would be reasonable to recognize to the community of floor owners partial legal capacity and capacity to sue, according to such approach in Germany. Legal capacity of floor owners would be limited to the transactions of the management of the pieces of assets that are joint property of individual floor owners or property of the community of floor owners.