Legal Publication: Common Parts Management Act



(v) Adoption of Decisions  

The following majority is needed for adoption of decisions.

  • Unanimous  

To adopt decisions for building additional floors, adjacent parts, establishment of right to use and establishment of building right.

  • 75% of the Ideal Parts Represented at the Meeting 

To adopt a decision to expel an owner under the procedure set out under Article 45 of the Property Act.  The owner to be expelled is not entitled to vote.

  • 67% of the Ideal Parts Represented at the Meeting 

To adopt a decision to carry out renovation or capital repairs.

  • 50% of the Ideal Parts Represented at the Meeting 

To adopt any other decisions.

(2) Managing Board (Manager) 

(i) Executive Organ

The Managing Board (Manager) is the executive organ managing the common parts.

(ii) Term 

The term of office is up to 2 (two) years.

(iii) Members 

The Managing Board has odd number of members (not less than three).

(iv) Miscellaneous

  • The members of the Managing Board (the Manager) may be paid remuneration is such is the decision of the General Meeting of the Owners.
  • On Owner can refuse to be elected as a member of the Managing Board (Manager) only in the cases of long-term physical impossibility due to sickness or long-term absence in the respective year, as well as if proposed for repeated term in office.
  • A meeting of the Managing Board is conducted at least once every three months.
  • The decisions of the Managing Board are taken by simple majority.
  • The decisions of the Managing Board are documented in a protocol.

(3) Controlling Board (Controller) 

  • The functions of the Controlling Board (Controller) are to control the activities of the Managing Board in respect of fulfillment of the budget and the decisions of the General Meeting on spending of the funds (e.g. checking of the petty cash at least once a year and reporting to the General Meeting of the Owners).
  • The members are elected by the General Meeting of the Owners.
  • The term of office is up to 2 (two) years.
  • The Managing Board has odd number of members (not less than three).

(B) ASSOCIATION OF OWNERS 

(1) Separate Legal Entity 

The Association of Owners is a separate legal entity having as a scope of activity the management of the common parts.

(2) Constituent Meeting – Unanimous Decision for Constitution 

At the constituent meeting all of the Owners have to unanimously decide to form an Association of Owners.

(3) Registration 

The Association of Owners is registered with Municipal Administration within 14 (fourteen) days of the constituent meeting.

The register is public.

(4) Membership in Association  

The membership in the Association of Owners follows ownership i.e. if the title over a separate object is transferred to a new Owner, the latter will become member of the Association of Owners by law.