Legal Publication: Common Parts Management Act
- Initiative for convocation
The General Meeting is convened by
– The Managing Board (the Manager);
– Controlling Board (the Controller);
– Owners having at least 20% of the ideal parts. In this case the Owners request the Managing Board/Manager to convene the General Meeting. In case of failure on the part of the Managing Board/Manager to convene the Meeting, the Owners may request the Mayor of the Municipality to do so.
In the case of a newly constructed block of flats the General Meeting has to be convened within 6 (six) months of the date of formation of the common parts. The first Meeting is convened by Owners having at least 20% of the ideal parts.
- Procedure for convocation
The Meeting is convoked by an invitation delivered at least 3 (three) days prior to the Meeting. The delivery of the invitation is evidenced by a receipt signed in duplicate.
The Law provides also a procedure for delivery of the invitation in the case the Owner is absent or refuses to accept it.
The invitation states: the agenda, the date, the hour and place of the Meeting.
- Excluded Dates
The Meeting cannot be convened and held:
– in the period from July 15th until September 15th;
– in the official holidays;
– in the days declared by the Council of Ministers as holidays.
- Restrictions on Representation
One person may represent maximum 3 (three) Owners.
The General Meeting of the Owners may be held provided Owners having at least 67% of the ideal parts are present.
It is important to mention that in the lack of quorum the Meeting is adjourned for 1 (one) hour and then is legitimately held irrespective of the represented ideal parts.
The General Meeting of the Owner cannot take decisions on issues outside the agenda except in cases of emergency.
The decisions are documented in a protocol.