Establishment of owners’ association
The establishment of owners’ associations, as well as their organization and operation, are governed by Law on the establishment, organization, and functioning of the owners’ associations. According to the aforementioned framework law, the owners’ association is a non-profit and autonomous association of most owners in a condominium. By condominium is meant real estate that is made up of several individual properties – apartments or spaces with a destination other than that of dwellings – as well as common indivisible property.
Owners’ associations have legal personality and are set up to administer and manage the common property that assumes rights for all owners. Thus, the owners’ association is the legal form by which the interests of the owners of a condominium are represented.
The owners’ association may be established by a written agreement of at least half plus one of the total number of owners of apartments and other premises other than the dwelling of a particular building.
With regard to buildings that have several sections or stairs, it is possible to set up an association of owners for each building.
The owners will give their consent to the establishment of the owners ‘association at a constituent assembly and the consent of the owners regarding the establishment of the owners’ association shall be recorded in minutes of the general assembly.
The statutes of the owners’ association will also be drafted at the general assembly.
The request for legal ownership of the owners’ association, the statutes, the association agreement and the minutes of the general assembly shall be filed and registered with the local financial authority within the territorial area of the building.
The necessary documents for drawing up the file on the establishment of an owners’ association are:
- the association agreement;
The Association Agreement must contain:
- address and individualization of an individual property;
- name and surname of the owners;
- property description;
- enumeration and description of parts that are in common ownership;
- the share of the common property belonging to each owner;
- the status of the association, the constitutive act;
- the minutes of the assembly of the owners’ association;
- application for registration with the territorial financial administration.
The Owners’ Association acquires legal personality by the conclusion of the Delegated Judge, which is subject only to the appeal and is given without the parties being summoned.
Under the aforementioned framework law, subsequent registration in the owners’ association of a landlord who was not present at the general assembly and who did not give his consent in this respect is made at the written request of the owners of the association. The owner in question will ask to be part of the owners’ association by signing an addendum to the association agreement without further formalities being required.
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