Legal Publication: Common Parts Management Act



The only exception to the above rule applies in cases where the Association of Owners is a beneficiary of funding by the EU or the Bulgarian Budget for purposes of renovation of the building.

Note:

It seems to us that the entire concept Association of Owner as a separate legal entity engaged in the management of the common parts is conceived by the lawmakers with the main purpose of allowing Owners to apply for EU or State funding. Prima facie there seems to be no distinct advantage of the Owner forming an Association to the Owners acting through a General Meeting of the Owners.

(5) Governing Bodies of the Association of Owners 

The governing bodies of the Association of Owners are

– The General Meeting of the Owners;

– The Managing Board (the Manager);

– Controlling Board (the Controller);

(6) Quorum / Convocation / Competences / Majority – Governing Bodies of the Association

The rules and procedures concerning the functioning of the governing bodies of the Association are almost identical to the rules and procedures of the General Meeting of the Owners.

(Please see for more detailed description Section (A) above” GENERAL MEETING OF OWNERS”).

III. REGISTRATION OF BUILDINGS WITH COMMON PARTS 

(1) Public Register 

The Municipal Administration keeps a public register of the buildings (or separate entrances in such buildings) having common parts which are located on its territory.

The Register contains information about the building or separate entrance in the building with common parts – address; floors and other individualizing characteristics.

(2) Free of Charge 

The registration and the access to the data in the Register is free of charge.

IV. BOOK OF OWNERS

(1) Contents 

The Book of Owners contains the three names of the Owner, the members of his/her family and the inhabitants, as well as description of the property and the initial date of inhabitation.

(2) Inscription of Owners (Inhabitants) 

The inscription is made within 15 days from acquisition of the property and in respect of inhabitants within 15 days of the initial date of inhabitation.

(3) Access 

Access to the Book of Owners is given to:

  • The Managing Board (the Manager);
  • The Controlling Board (the Controller);
  • Owner in respect of his/her own data;
  • The bodies of the Interior Ministry;
  • The bodies of the Ministry of Regional Development and Public Works;
  • The Mayor;
  • The National Veterinary Agency.

(4) Addendum to the Book of Owner – Animals 

The animals belonging to the Owners are inscribed in an addendum to the Book of Owners.

(5) Sample 

Sample of the Book of Owners shall be adopted by the Minister of Regional Development and Public Works.

V. REPAIRS; RENOVATION AND MAINTENANCE OF COMMON PARTS

(1) General Rules  

(i) Decision

The General Meeting of the Owners (or the General Meeting of the Association) is competent to take a decision on Repairs, Renovation, Reconstruction and Restructuring.

(ii) Costs

The costs for Repairs, Renovation, Reconstruction and Restructuring are born pro-rata to the Owners’ share in the common parts.

(iii) “Repairs and Renovation Fund”

The General Meeting of the Owners creates and maintains “Repairs and Renovation Fund”.

The cash in “Repairs and Renovation Fund” is kept at a bank account open in the name of the Chairman of Managing Board (Manager) or in a bank account of the Association.

(2) Necessary Repairs 

(i) Definition of Term 

The term “Necessary Repairs” is defined as the activities needed to render the building, the common parts, installations or parts of them in accordance with the normative requirements for technical adequacy of the building and installations, including the roof with a view to removing the impediments and inconveniences for normal usage of the building and separate objects in it.

(ii) Decision 

The funds needed for Necessary Repairs are immediately released on the basis of a decision of the Managing Board (the Manager).