Legal Publication: Common Parts Management Act
The General Meeting of the Owners approves the costs incurred that have been substantiated with documents.
The law is not explicit on how the costs for Necessary Repairs are born. It seems that these are to be born pro-rata to the Owners’ share in the common parts.
(iv) Necessary Repairs carried out by an Owner
Necessary Repairs carried out by an Owner at his own expense are reimbursed based on a decision of the General Meeting of the Owners.
If such repairs are not reimbursed to Owner in specified hereinabove the Owner is entitled to file a claim against the rest of the Owners who are jointly responsible.
(3) Emergency Repairs
(i) Definition of Term
The term “Emergency Repairs” is defined as the activities needed for prevention of destruction of the building, its constructive elements, common parts, installations or part of them, as well as for removal of considerable damages and deformations leading to danger to the life and health of the Owners, inhabitants and other people, to infliction of environmental damages and damages to the nearby buildings.
The funds needed for Emergency Repairs are immediately released from “Repairs and Renovation Fund” on the basis of a decision of the Managing Board (the Manager).
If the “Repairs and Renovation Fund” does not have funds or the funds are insufficient the Chairman of the Managing Board (or the Manager) immediately convenes the General Meeting of the Owners.
(iii) Intervention of the Mayor
If the General Meeting is not convened or a decision of the General Meeting is not taken the Chairman of the Managing Board (the Manager) and the interested parties inform the Mayor.
The Mayor conducts an inspection and issues an order obligating the Owners to carry out the Repairs.
(4) Consumables and Costs for Current Maintenance of Common Parts
The General Meeting of the Owners decides on the amount of installments that are to be made by the Owners for the purposes of covering the consumables and the costs for Current Maintenance of Common Parts. (Please note that the costs for retaining a doorman are deemed fall into this category.)
The term “consumables” is defined as encompassing the expenses for:
- Elevator and
- Other necessary expensed for maintenance of the common parts.
(ii) Equal bearing of Costs
The costs for consumables and the costs for current Maintenance of Common Parts are born equally in accordance with the number of the Owners and Inhabitants.
(iii) Exempt from Costs
Exempt from payment of the costs for consumables and the costs for current Maintenance of Common Parts are:
- Children up to 6 years of age;
- Inhabitants (e.g. people rending premises) staying less than a month in the building.
(iv) Costs of Consumables in case of Absence
Owner (or Inhabitant) who is absent for more than a month pays only half of costs of the consumables. The absence is to be notified to the Managing Board or the Manager.
(v) Costs of Consumable in case of Activity in the Building
Owners (or inhabitants) who exercise profession or activity requiring more intensive access of people to the building than the customary one pay consumables of up to 5 (five) times the amount.
(vi) Costs of Consumable for Owner Premises that are not Residential
Owners (or inhabitants) having shops, restaurants, production, commercial or other premises of non-residential destination pay consumables of up to 5 (five) times the amount.
(vii) Costs of Consumable for Owners of Animals
Owners (or Inhabitants) breeding animals in the building that need to be taken out for walks pay consumables for each animal as for one Owner.
The amount due by each Owner and Inhabitant is determined by the General Meeting of the Owners.
The costs are contributed by the Owners on a monthly basis.
VI. TECHNICAL PASSPORT OF BUILDINGS
Each building needs to have a Technical Passport issued in compliance with the Zoning Act.
The Chairman of the Managing Board (the Manager) is obligated to keep the Technical Passport.
(3) Terms for Preparation