Last verified: 2026-08-13. Facts below are limited to public records, official government summaries, published marina materials and Montenegrin statute. Private contract terms are framed only as documents you must obtain — never as asserted content.
You were shown a waterfront apartment, townhouse or Chedi-linked residence in Marina Village at Luštica Bay — often with a promenade walk to the marina, a “homeowner berth” conversation, and hotel-amenity language. Foreign buyers routinely collapse three legal objects into one word: “marina living.” Under Montenegrin property law those objects usually split: (1) a condominium unit on land, (2) community / town obligations, and (3) a time-limited contractual right to use a berth sitting under a state lease of land and aquatorium.
This page is an independent Luštica Bay Marina Village legal guide for buyers comparing freehold apartments with marina-berth packages. It does not tell you whether to buy. It lists the questions you should be able to answer — from public registers and from documents the counterparty can produce — before a notarial signature on a Montenegrin immovable-property transfer.
RoNa Legal acts for buyers. We take no commission from the developer, the seller or the agency. Nothing that follows is a market opinion on Marina Village as a destination. Centrale, Horizon and The Peaks are separate neighbourhood subjects (see our Centrale master-plan DD).
Search intents this guide answers
Buyers landing on Marina Village pages usually need one of four legal answers — not a lifestyle brochure:
- Title path — Is the apartment registrable condominium stock (list nepokretnosti + upotrebna dozvola)?
- Berth path — Is any yacht berth a separate lease/licence, and is it assignable on resale?
- Operator / lender path — What happens to berth users if marina contractual rights are pledged or the operator changes?
- Overlay path — Do Chedi / hotel / rental rules restrict personal use after you “own” the unit?
If your file cannot answer all four from documents, you do not yet have a complete Marina Village DD package.
Legal identity card — Marina Village and the marina stack
| Field | Publicly verified data (as of 2026-08-13) |
|---|---|
| Project company | Luštica Development AD Podgorica — “Project Company” under the Lease and Construction Agreement with the Government of Montenegro and the Municipality of Tivat (official MIA summary). |
| Head lease framework | Agreement signed 23.10.2009; effective 10.12.2013; leased land 6,923,260 m² (MIA summary). Obtain the instrument — secondary summaries are not the contract. |
| Programme (agreement summary) | Includes residential units, hotels, two marinas with berths, golf, conference and year-round community facilities (MIA). |
| Marina Village role | Flagship / first neighbourhood — waterfront promenade, marina, The Chedi Luštica Bay. |
| Hotel + marina opening | August 2018: The Chedi (111 units) and a marina with 115 berths officially opened; beach operational July 2018 (MIA). |
| Marina capacity (published) | Official/developer materials: 115 berths, vessels up to ~45 m; expansion narrative toward 176 slips. Treat as published capacity — not as proof you own a named berth. |
| Built-stock snapshot (MIA) | Official progress counts for Marina Village villas, row houses, apartment buildings and mixed-use — plus ongoing construction. Useful for phase context; not a substitute for your list nepokretnosti. |
| Orascom / State shareholding | Early ~90/10 narrative; Feb 2024 press reports CRPS update to Orascom 87.71% / State 12.24%. Re-pull a current CRPS extract. |
| Berth legal character (default hypothesis to test) | Berths marketed for short- to long-term booking with homeowner rates sit on leased land / aquatorium under the head lease — typically contractual use rights, not cadastral freehold of seabed. Demand the instrument. |
| Building permit / use permit | Per building. Ask for građevinska dozvola and upotrebna dozvola for the exact residential building (and separately for any berth-related facility if relevant). |
| Upotrebna dozvola | Critical row — verify for your residential building. Marina opening photos are not your apartment’s use permit. |
| Sale model | Market materials describe substantial handover / sold inventory in Marina Village plus residual construction. Resale checklist ≠ off-plan checklist. |
| Condominium (etažna svojina) | Law on Property Relations (Sl. list CG 19/2009) Član 161 et seq. Confirm separate unit + share of common parts. |
Sources: Ministry of Internal Affairs (MIA) English page summarising the Lease and Construction Agreement (posted 06.06.2024); lusticabay.com marina FAQ / marina brochure; Investitor.me (10.02.2024) shareholding press; Day 5 Centrale ledger for corporate continuity. Apartment parcel numbers and named berth contract IDs were not published as a buyer-ready schedule — buyer-request.
Why Marina Village DD is not “just another Luštica apartment”
Search traffic for this neighbourhood clusters around three intents: Can I buy here?, Does the apartment include a berth?, and What happens if the marina operator or lender changes? The legal answers diverge.
Structural risk 1 — Freehold unit vs marina berth right (morsko dobro / aquatorium)
Montenegrin coastal marinas typically sit where morsko dobro / state aquatorium and land lease regimes meet private condominium title. Under the Law on Maritime Domain (Zakon o morskom dobru — original Sl. list RCG 14/92 with later CG amendments referenced in coastal-management instruments), maritime domain is a state property regime. Commercial use runs through concession / lease structures — not through ordinary freehold title of the kind buyers import from common-law marina markets.
A signed SPA for a Marina Village apartment does not automatically convey a transferable berth freehold of seabed or pontoon.
What can happen. Marketing says “walk from home to your yacht.” The berth is a renewable licence, sub-lease or membership under Luštica Development’s head-lease rights over land and aquatorium. On resale the berth does not assign, or assigns only with marina consent and a fee schedule you never modelled.
How you detect it in public records and documents. Separate instruments: (a) list nepokretnosti for the apartment; (b) written berth agreement identifying berth number, term, fee, assignment and termination; (c) confirmation how that berth sits under the 2009/2013 lease stack summarised by MIA. Ask whether any berth right is annotated on the cadastre or only contractual.
Contract response. Identify the berth instrument by type. Require assignment mechanics on apartment resale. Refuse silent “included” language without a transferable document. For parallel marina-village framing on the northern Boka shore, see our Porto Montenegro apartment DD. For branded-residence overlays elsewhere in Tivat, compare the checklist method in our Regent Pool Club guide — different brand, same “logo ≠ seller / logo ≠ berth title” discipline.
Structural risk 2 — Homeowner “privileged berth rates” are not title
Developer marina materials advertise booking options and privileged rates for homeowners.
What can happen. You assume a perpetual appurtenance. The privilege is a pricing policy that can change with marina rules, operator change or pledge enforcement.
How you detect it. Demand the current marina rules, the homeowner rate schedule, and whether the privilege is contractual for your unit class or discretionary.
Contract response. If berth access is material to price, lock the right in a durable instrument — or price the apartment as residential only.
Structural risk 3 — Marina rights as lender collateral
Public business press reports Luštica Development seeking government approval to pledge contractual rights over the marina and waterfront promenade (reports reference cadastral parcel 117/2 in Radovići) as loan collateral — explicitly not a mortgage of state land ownership.
What can happen. A berth user’s counterparty chain becomes a bank-enforcement scenario. Access, sub-leasing and marina operations may be reorganised while your apartment freehold remains intact.
How you detect it. Ask whether marina-user rights are currently encumbered; request disclosure of pledges affecting berth contracts; read assignment/termination clauses for lender step-in.
Contract response. Disclosure + comfort on continuity of berth contracts; walk-away if berth economics drove the purchase and continuity is unproven.
Structural risk 4 — Resale-heavy stock vs residual construction
Official MIA progress narrative and broker packages describe large Marina Village handover volumes alongside ongoing buildings. Your checklist must match the actual sale path.
What can happen. Off-plan payment security tools are skipped on a resale that still carries unpaid community arrears, litigation annotations or incomplete etažiranje paperwork. Or a “last units” off-plan sale is treated like finished stock.
How you detect it. List nepokretnosti first. If seller ≠ Luštica Development AD, run a full resale chain. If developer stock remains, map permits and payment security as in our Synchro / prepayment security guide patterns — project-agnostic.
Contract response. Path-specific conditions precedent. No mixed checklist.
Structural risk 5 — Chedi Residences and hotel-service overlays
The Chedi anchors Marina Village. Some units are marketed with hotel-linked residence branding or service access.
What can happen. Freehold plus operational restrictions, furnishing standards, rental-programme rules or amenity licences that terminate when the hotel operator changes.
How you detect it. Ask whether hotel/brand agreements are mandatory for your unit class. Demand every related contract before notarial signing.
Contract response. Written carve-out for personal use if needed; successor clauses on resale. No yield analysis appears here — this firm does not publish return estimates.
Structural risk 6 — Promenade, beach and town-fee layering
Etažna svojina under Član 161 ZSPO links the unit to common parts. A marina village adds promenade, beach-club and town rules that may be licences, not appurtenances.
What can happen. Access you assumed was “with the apartment” is fee-based or revocable; extraordinary works assessments follow marina or promenade CAPEX.
How you detect it. Building rules + master-community / owners rules + 24-month service-charge history for a comparable unit.
Contract response. Notice and voting thresholds; clear split of building vs marina/town costs.
Structural risk 7 — Title is registration — Član 84 ZSPO
Član 84 of the Law on Property Relations: ownership of immovables acquired by legal transaction is completed by registration in the real-estate cadastre (or another manner provided by law). A berth booking confirmation is not a cadastral ownership deed.
Concrete experience — the lawful method
No anecdotal claim about “buyers who suffered at Marina Village” appears here.
Public-record method. Pull list nepokretnosti for the apartment. Pull current CRPS for the SPA counterparty. Read encumbrances. For berths, obtain the written instrument and ask how it sits under the head lease summarised by MIA.
Official-summary method. Use the MIA lease-agreement page as a map of what to request (parties, leased area, marina programme, 2018 Chedi + 115-berth opening, Marina Village progress counts) — then obtain primary documents from the counterparty and competent authorities. Do not treat the HTML summary as a substitute for the signed lease text or for your berth contract.
Court-judgment method. Where a published decision clarifies maritime-domain use rights, berth assignment or condominium cost allocation, cite the decision number and date. No published decision is being attributed to Luštica Bay Marina Village in this article because none was verified in this Sprint 0 pass for attribution. Typified pattern (no project name attached). A recurring Montenegrin marina-village pattern is: the buyer focuses on the yacht walk; the SPA conveys only the apartment; the berth is a separate, terminable right under a state lease; a later financing pledge over marina contractual rights surprises the berth user; community fees rise with waterfront CAPEX. Apply that typology yourself. It is not an allegation against a named developer.
Pre-signature checklist (15 items)
- Who is the seller on the apartment folio? — Certified list nepokretnosti. — Stop if seller ≠ registered owner.
- Is the SPA counterparty Luštica Development AD or a resale seller? — CRPS + SPA parties. — Brand names are not parties.
- Current Orascom / State shareholding on the extract? — Fresh CRPS. — 2024 press is not the extract.
- Confirm neighbourhood = Marina Village (not Centrale / Horizon / The Peaks). — SPA object clause. — Campus maps are not cadastral objects.
- Upotrebna dozvola for this residential building? — Decision / number. — Marina opening ≠ apartment use permit.
- Etažiranje complete? — Cadastre unit ID. — Parent-parcel-only = unfinished condominium status.
- Mortgage / litigation annotation on the apartment? — Encumbrance sheet. — Oral “clean” is worthless.
- Is a berth included — and in which instrument? — Separate written berth contract. — Silence means assume no transferable berth right.
- Berth type: lease, licence, membership, sub-concession? — Instrument heading + term. — “My berth” language without type is incomplete.
- Does the berth sit under the 2009/2013 head lease / aquatorium stack? — Counterparty confirmation + lease references. — Rights that die with a head lease are not freehold.
- Assignment of berth on apartment resale? — Assignment / consent clauses. — Non-assignable berths discount your exit.
- Any pledge / encumbrance over marina contractual rights affecting users? — Disclosure request. — Continuity risk if berth drove the price.
- Chedi / hotel / rental-pool overlays mandatory? — Unit-class schedule + agreements. — Mis-specified personal-use deals fail later.
- Community / promenade / beach access instruments and fee path? — Rules + fee history. — Brochure access is not an appurtenance.
- Notarial form and clausula intabulandi for the apartment? — Draft glavni ugovor. — Private reservations do not transfer title (reservation / pre-SPA; kapara rules).
Where RoNa sits
We conduct this review; our fee does not depend on whether the transaction completes. We take no commission from the seller, the developer or the agency — so nothing in our engagement structure requires us to produce a “buy this unit” outcome.
Next step
Send the reservation or SPA draft, list nepokretnosti, any berth agreement, marina rules and hotel/residence overlays. Document review — response within 48 hours. Start from /en/services/real-estate-investment.
Related legal guides: Luštica Bay Centrale master-plan DD · Porto Montenegro berth vs freehold framing · Boka Place off-plan checklist · Synchro SPV / prepayment security · Residence through property.