Homeowners’ association

The formation, organisation and functioning of homeowners’ associations are governed by the law on homeowners’ associations. Under that law, a homeowners’ association is an autonomous non-profit association of the majority of owners in a condominium — a building made up of several individual units (apartments or non-residential spaces) and jointly owned common parts.

Homeowners’ associations have legal personality and are set up to administer and manage the common property, which gives rights to all owners. The association is the legal form through which the interests of the owners in a condominium are represented.

An association may be set up with the written consent of at least half plus one of the owners of apartments and non-residential spaces in the building.

In buildings with several sections or stairwells, a separate association may be set up for each section or stairwell.

The owners give their consent at a founding meeting, and their agreement to set up the association is recorded in the minutes of the founding general meeting.

The association’s statute is also drawn up at the founding meeting.

The application for legal personality, the statute, the association agreement and the minutes of the founding meeting are filed and registered with the local tax authority for the area of the building.

The documents needed for the file are:

• the association agreement, which must contain:
• the address and identification of each individual unit;
• the owners’ names;
• a description of the property;
• a list and description of the common parts;
• each owner’s share of the common property;
• the association’s statute and constitutive act;
• the minutes of the founding meeting;
• the application for registration with the local tax authority.

The association acquires legal personality by a decision of the delegated judge, which may be challenged only by appeal and is given without summoning the parties.

Under the law, an owner who did not attend the founding meeting and did not give consent may join later at the written request of the existing members, by signing an addendum to the association agreement, with no other formalities.