Those apartment owners who do not pay the utilities will not be able to transfer their property. According to a bill, which is being discussed in Parliament, in order to transfer a property located in a jointly owned building, a certificate from the management committee is required that the common expenses have been paid. The measure is strict, but it is estimated that it will put an end to the phenomenon that is observed, of some not paying utilities at the expense of the other owners.
The certificate and/or certificate of payment of common expenses issued will constitute prima facie proof and will be accepted by public authorities, in particular for the purpose of alienation (sale) of the unit.
However, defaulters who do not intend to sell their residential units will also suffer repercussions, since according to a provision of the bill, the management committee is entitled to "impose penalties on owners for non-payment of common expenses related to access or passage through common areas, for the repair of which the owners did not contribute".
It is noted that based on the bill, every communally owned building must have a management committee for the regulation and management of its affairs. In a provision of the bill, reference is also made to the remuneration of the management committee, the amount of which is determined by a decision of the owners of the units at their general assembly. The fee is an expense for the coverage of which the owners must contribute as an amount of common expenses.
The management committee may also impose a fine on the owner who refuses or neglects to pay the corresponding common expenses or expenses. In case the owner of the unit has his unit leased and does not pay the amount owed, the lessee (tenant) may pay the amount owed by the owner of the unit to the management committee and then deduct the amount paid from the rent due to the owner of the unit.
Based on the promoted legislation, the management committee may establish and maintain a fund and an account in a licensed credit institution from the common expenses contributions of the owners (owners) of the units that are decided from time to time during the general or extraordinary general meeting.
At its discretion it can use them:
>> For the management costs and for the control, operation, management and management of the common property as well as for the payment of insurance premiums.
>> For repairs, renovations, energy upgrades and maintenance of the common-owned building and for the execution or fulfilment of any of its competences, duties or obligations.
>> Establishes and maintains a fixed amount as a reserve fund from the contributions of common expenses of the owners of the units for the purposes of repairs or maintenance of the jointly owned building. The amount imposed on an owner cannot be less than 20% of the contribution amount of the common expenses of each owner.
>> Following a decision of 75% of the owners by the general or extraordinary general meeting, it determines and imposes any other amount (beyond that provided for in article 20) as a contribution by the owners of the units for the needs of the jointly owned building.
>> Collects the specified amounts, by imposing a contribution on the owners.
>> Enters into a loan agreement for the purpose of repairing, renovating, upgrading energy or even maintaining the jointly owned building following a decision of the general assembly of 75% of the co-owners in the jointly owned property.
>> Following a relevant order of the Court, he regains temporary possession of a part of a space or unit located in the communal building, where the owner does not respond to the immediate repair of the damage caused by that part or unit or has abandoned it for the purpose of carrying out the repairs or maintenance that are reasonably necessary.
>> Recover by lawsuit, or following a settlement agreement by virtue of mediation, from the owners any amount of money spent by the management committee on repairs or works carried out by it or at its discretion, for the purpose of complying with any notice, order of a competent administrative body, Court, Mediation, Authority or person in relation to a part of the building that includes the unit of that owner.
>> Issues a certificate of payment of common expenses for the purposes of transfer, lease or alienation of the unit from the owner.
>> Where the effective maintenance or management of the common areas of the common building is required, the management committee has the right to carry out repairs or maintenance in a part or unit of the common building, when such repairs are reasonably necessary to ensure the safe and effective occupation or the peaceful enjoyment of the possession of any unit or units of the common building.
What else does it provide for the owners?
The Management Committee shall not carry out repairs or maintenance in accordance with subsection unless:
(a) He has taken all reasonable steps to request by e-mail notice and/or posting on the door of his unit from the owner who was responsible for carrying out such repairs or maintenance to do so.
(b) Provided him with a reasonable time to carry out the repairs or maintenance.
(c) Obtained a relevant decree by which it regains temporary possession of a part or unit for the purpose of carrying out repairs or maintenance.
Any notification or service to any natural or legal person by the management committee shall be made by registered mail or by e-mail or by virtue of service by a judicial or private trustee and/or by posting it on the jointly owned building and/or on the door of the unit located on it.
According to the bill, any decision of the owners made will be binding on every owner, whether he was an owner at the time of the decision or became an owner after it. Each owner may inspect the decision register within a reasonable time.
The proportion of each owner's share in the costs will be determined based on the area of each unit and does not include any remaining unused development rights.
The management committees established in each communally owned building will be controlled by the Registration and Supervision Service of the Management Committees of Communal Buildings, which will be the relevant Provincial Self-Government Organization (EOA).
