Act No. 163 / 2020 Coll.
Act amending Act No. 89 / 2012 Coll., Civil Code, as amended, and other related laws
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Law
Effective from 01.07.2020
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01.07.2020
15.04.2020
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163
THE LAW
of 18 March 2020
amending Act No. 89 / 2012 Coll., Civil Code, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Civil Code
Act No. 89 / 2012 Coll., Civil Code, as amended by Act No. 460 / 2016 Coll., Act No. 303 / 2017 Coll., Act No. 111 / 2018 Coll., Act No. 171 / 2018 Coll. and Act No. 33 / 2020 Coll., is amended as follows:
1.§ 1124 and 1125 read:
(1) Where co-ownership was based on a death or other legal fact such that the co-owners could not influence their rights and obligations from the outset and if one of the co-owners transfers his share, the other co-owners shall have a right of pre-ownership for a period of six months from the date of the co-ownership, unless the co-owner transfers the share to another co-owner or to his spouse, siblings or relatives in a direct line. If the co-owners do not agree on how the right to pre-purchase is exercised, they shall have the right to redeem the share in proportion to the size of the shares.
(2) The co-owners shall be entitled to pre-purchase even if one of the co-owners transfers the share free of charge; then the co-owners have the right to redeem the share at the usual price. This also applies in other cases of legal pre-purchase law.
(1) If the co-ownership of an agricultural plant was created by a death or other legal fact, in such a way that the co-owners could not influence their rights and obligations from the outset and if one of the co-owners transfers its share, the other co-owners have a right to pre-purchase the share; the right to pre-purchase shall also apply to the inheritance. If the co-owners or co-heirs do not agree on how the right to purchase is exercised, they shall have the right to redeem the share in proportion to the size of the shares.
(2) Where a joint owner transfers his share to a person who would be his heir under the provisions on the legal sequence of heirs or to another joint owner, paragraph 1 shall not apply. This shall also apply if the co-owner of the right to purchase has surrendered in writing. '
2. Paragraph 1166 (2) is deleted.
Paragraph 3 shall become paragraph 2.
3. Paragraph 1169, including the title, reads:
Amendment of the declaration
(1) Unit owners may amend the declaration. The change of declaration shall require the written consent of the owner of the unit whose rights and obligations are affected by the change. Where the unit is burdened, the written consent of the person entitled under the right in rem shall also be required if the change affects his rights and obligations. The approval of a majority of the votes of all unit owners shall be required for the effective amendment of the declaration, unless the amendment affects the rights and obligations of all unit owners.
(2) In order to amend the declaration, the consent of a majority of the votes of all unit owners shall be sufficient if the amendment concerns:
(a) common parts which do not alter the size of the share in the common parts, if not the parts in the exclusive use of the owner of the unit,
(b) the purpose of the use of the apartment at the request of the owner; or
(c) rules governing the management of the house and the land and use of the common parts, if they are specified in the declaration.
(3) Paragraph 1209 shall apply mutatis mutandis to review the decision to amend the declaration. '.
4. In Article 1170 (2), the word "a 'shall be added at the end of point (b), at the end of point (c), the word" a' shall be replaced by a dot and point (d) shall be deleted.
5. In Paragraph 1172 (2), the words "and their transfers' are deleted.
6. Paragraph 1175 (2) reads as follows:
"(2) The owner of the unit manages his apartment as required by safe condition and good look of the house; However, if the common part within the apartment and the common part which serves the owner of the unit for exclusive use is carried out and paid only for maintenance and minor repairs. ';
7. In Section 1176, "and for 'is replaced by" and land a';
8.
The owner of the unit shall, without undue delay, notify the person responsible for the administration of the house and the land (hereinafter referred to as "the person responsible for the administration of the house ') of his name, address, name and address of the person who left the apartment for a non-transitional period and the number of persons who will have a household in the apartment. This shall also apply in the event of a change in these data.'
9. In Paragraph 1178, the following paragraph 1 is added:
"(1) The person responsible for house management shall keep a list of the owners of the units and persons to whom the owner has left the apartment for use, to the extent provided for in Section 1177. '.
The current text becomes paragraph 2.
10. In Paragraph 1178 (2), the word "address' is replaced by" residence 'and the words "tenant in the house' are replaced by the words" person who has left the apartment for use '.
11. At the end of the text § 1179, the words "and to make extracts, copies and copies thereof 'are added.
12. in Paragraph 1180 (1):
"(1) The owner of the unit shall contribute to the management of the house and the land in proportion to its share of the common parts, unless otherwise specified in the declaration, in particular taking into account the nature, size and location of the common part, which serves only one owner of the unit for exclusive use, and the extent to which the owner of the unit is obliged to manage that part on his own account. ';
13. In Article 1181 (1), the words "normally within four months of the end of the accounting period" shall be deleted.
14. Paragraph 1181 (2) is deleted and paragraph 1 is deleted.
15. in Paragraph 1182, the following paragraph 1 is inserted:
"(1) The owner of the unit shall give prior notice to the person responsible for the administration of the house of the building modification within his apartment."
The current text becomes paragraph 2.
16. In Article 1182 (2), the words "access to the apartment to verify that the modifications do not jeopardise, harm or alter the common parts, provided that they have been requested in advance by the person responsible for managing the house 'are replaced by the words" the person responsible for managing the house on the basis of its previous call for verification that the modifications do not jeopardise, harm or alter the common parts, including, where appropriate, access to the apartment'.
17. in Paragraph 1182, the following paragraph 3 is added:
"(3) The owner of the unit shall give prior notice to the person responsible for managing the house business or other activity in the apartment which may lead to a disruption of normal peace and order in the house for a period of no transitional period. '.
18. In the first sentence of Article 1183 (2), the words "units (hereinafter referred to as') 'shall be inserted after the words" owners' associations'.
19.
(1) At the request of the person responsible for the administration of the house, the court may order the sale of the owner's unit which, despite the written warning of the person responsible for the administration of the house, infringes his duties in a manner which significantly limits or prevents the exercise of the rights of the other owners of the units.
(2) The warning referred to in paragraph 1 shall state the reason for its granting, the notice of the possibility of applying for a regulation on the sale of the unit and the invitation to the owner to refrain from the infringement or to remove the consequences of the infringement; a reasonable period shall always be provided to the owner, but not less than 30 days.
(3) A majority of all unit owners shall agree to submit a proposal pursuant to paragraph 1; in determining the majority required to give consent, the owner's vote shall not be taken into account in accordance with paragraph 1. ';
20. In Paragraph 1186 (1), the word "settle 'shall be inserted after the word" settle' and the words "settle on the effective date 'shall be replaced by the words" and advances on transactions linked or related to the use of the apartment'.
21. in Paragraph 1186 (2):
"(2) When transferring ownership rights to the unit, the transferor's debts to the person responsible for managing the house shall be transferred with the unit to the transferor to the person responsible for the administration of the house and land and to the transactions associated with the use of the apartment and advances on such transactions if the transferor had and could have ascertained them. The transferor shall guarantee the person responsible for the administration of the house for debts transferred to the acquirer of the unit. '
22. In Paragraph 1186, the following paragraph 3 is added:
"(3) Where the owner transfers ownership of the unit, he shall provide proof to the transferee by confirming to the transferee the person responsible for the administration of the house what the debts referred to in paragraph 2 are or are not such debts; the certificate shall also be issued to the transferor with the consent of the transferor by the person responsible for managing the house. It shall be considered that the transferee could not identify these debts if he could not identify them from the confirmation of the person responsible for the administration of the house or if he did not issue the certificate without undue delay, although he was requested. '
23. Paragraph 1188 (2) is deleted and paragraph 1 is deleted.
24. In the second sentence of Article 1189 (1), the words "and land 'shall be inserted after the words" House management' and the words "associated with 'shall be inserted after the words" maintenance and repair of common parts'.
25. In the first sentence of Paragraph 1190, the words "and land 'are deleted.
26. § 1191 to 1193, including the title above the title of § 1191, read:
"Governance without the creation of a community of owners
(1) In the absence of a community of owners, the management rules for house and parcel management and use of common parts as specified in the declaration shall apply; Where the Community of Owners has been established and these rules are not specified in the declaration, the rules contained in the Statutes shall apply to the administration.
(2) The provisions of this Act on the Assembly shall apply mutatis mutandis to decisions in matters relating to house and parcel management. The unit owners shall be convened by the administrator. The decision shall require the consent of a majority of the votes of all owners of the units and the consent of a majority of all owners of the units, unless declarations or statutes require a higher number; Paragraph 1209 is not affected.
The legal proceedings of the AIFM shall entitle the owners of the units to be jointly and severally bound; However, if they are involved in legal proceedings in a matter falling within the competence of the Assembly, they shall be entitled and bound only if their consent is given under Paragraph 1191 (2).
(1) The first administrator is designated in the declaration. The choice of a new administrator shall be made in accordance with Paragraph 1191 (2). The administrator may be withdrawn only with the current selection of the new administrator.
(2) If a unit owner has more than half of the share of the common parts at the time of the formation of the units, it is the majority owner who is always the administrator. If the AIFM ceases to be a majority owner, unit owners may choose a new administrator.
(3) If there is an important reason for this, the court, acting on a proposal from one of the owners of the controller's unit, which is the majority owner, shall withdraw and appoint a new administrator; This applies also to the court appointed administrator. The court appointed by the administrator may propose that the court withdraw it if it proves that it cannot be reasonably required by the administrator to remain. If the court-dismissed administrator ceases to be the majority owner, the owners of the units shall elect a new administrator without undue delay. The moment of the election of the new administrator shall cease to be the court appointed by the administrator. ';
27. In Paragraph 1195, the following paragraph 2 is inserted after paragraph 1:
"(2) The rights and obligations arising from the obligations relating to the management of the house and the land arising before the establishment of the owner's community, from which the owners of the units are authorised and jointly and severally bound, shall be transferred to the owner's community on the date of the establishment of the owner's community. The Community of owners shall, without undue delay after its establishment, notify all creditors and debtors who are entitled and liable for such claims and debts that the ownership community has been established. The owners of the units shall be jointly and severally liable for the payment of the debt, unless the creditor has agreed without undue delay to guarantee the owners of the units under Paragraph 1194 (2). '
Paragraph 2 shall become paragraph 3.
28. In Paragraph 1195, the following paragraph 4 is added:
"(4) The Community of owners, which has been created after the transfer of units of ownership of a legal entity pursuant to Paragraph 1188 to the ownership of its members, may take over, accede to, or secure a debt from the loan granted to that legal entity for the repair, maintenance or construction of the house, if all its members so agree; the consent must be in writing with an officially certified signature. If there is an important reason for doing so and if a member is to be treated fairly, the ownercommunity may propose to the court that a declaration of the will of a member who has not agreed to take over, accede or secure such debt be replaced by a judicial decision. '
29. At the end of the text of § 1197, the words "unless it is a case referred to in § 1195 (4) 'are added.
30. In Paragraph 1198 (1), the words "in-house 'are inserted after the words" in-house' and the words "three are owned by three different owners, not later than after the establishment of the title to the first transferred unit 'are replaced by the words" four are owned by four different owners'.
31. in the first sentence of Article 1198 (2), the words "the additional unit transferred" shall be replaced by the words "the unit transferred to the next owner" and the second sentence shall be deleted;
32. in Paragraph 1200 (1):
"(1) The Community of owners shall be constituted by the approval of the Statutes; the ownership community may also be established by a single owner of all units. For the approval of the Statutes, their adoption shall be required at the constituent meeting by a majority of all owners of the units or by the agreement of all owners of the units on their content; Paragraph 1209 is not affected. ';
33.In Article 1200 (2) (c), the words' and the manner in which they are applied 'shall be deleted.
34. In Paragraph 1200 (2), the comma at the end of point (f) is replaced by a dot and point (g) is deleted.
35. in Paragraph 1200 (3):
"(3) The information referred to in paragraph 2 (e) may be omitted from the statutes following the establishment of the community of owners; the statutes may entrust this Decision to the statutory authority. This Decision shall not be considered a decision amending the Statutes. ';
36. In Paragraph 1200, paragraphs 4 and 5 are added:
"(4) The decision setting up a meeting on the adoption of the Statutes shall be certified by a authentic instrument containing the approved text of the Statutes. The statutes require the form of an authentic instrument if the community of owners is established by the adoption of the statutes by all owners of the units. Where the Community of Owners is established by a single owner of all units, the statutes shall not require the form of an authentic instrument.
(5) When amending the statutes, the form of the authentic instrument shall not be required. ';
37.
A majority of the votes of all unit owners shall be required to amend the statutes prior to the establishment of the Owners' Association unless the statutes require a higher number. ';
38. Sections 1202 and 1203 are deleted.
39. In Section 1206, the following paragraph 3 is added:
"(3) The competence of the assembly shall be exercised by that owner in the sole owner community."
40. In Article 1207, the following paragraph 3 is added:
"(3) If, before sending an invitation to the assembly, the owners of the units referred to in paragraph 1 so request, the statutory authority shall include on the agenda a matter determined by them, provided that a resolution is proposed or justified on such a matter. ';
41.In Article 1208, point (b) is deleted.
Points (c) to (i) shall be renumbered (b) to (h).
42. In Article 1208 (c), the words "budget," shall be inserted after the words "house administration," the words "land management," and the words "house management" shall be inserted after the words "land management."
43. In Article 1208 (d), the words "the amount of advances to be paid, as well as" shall be deleted.
44. in Article 1208 (e), points 2 to 6 are deleted;
Point 7 is renumbered point 2.
45. in Article 1208 (e) (2), the words "joint part construction work" are replaced by the words "common part maintenance or joint part construction work which does not require a change of declaration."
46. in Article 1208 (g), the words "and the decision to amend it, as well as the approval of the contract with that person and the approval of the amendment to the contract in the price or scope of the transaction" shall be replaced by the words "and the decision to amend it."
47. in Article 1208 (h), the word "by law" shall be inserted after the word "designated."
48. In the first sentence of Article 1209 (1), the words "or even the community of owners, if it is the owner of the unit, shall be replaced by the words" propose to the court the matters relating to the administration of the house and land. "
49. In Paragraph 1209, the following paragraph 2 is inserted after paragraph 1:
"(2) The Court of First Instance shall organise the legal situation of the owners of the units at a reasonable discretion. In particular, the Court of First Instance may decide whether the decision is to be taken without reservation, with reservations or against collateral, or not at all. '
Paragraph 2 shall become paragraph 3.
50. The heading above the designation § 1210 is deleted.
51. Paragraph 1210, including the title, reads:
Replacement Assembly
Where the statutes of the alternate assembly are accepted, the alternate assembly shall be able to give a quorum in the presence of the owners of the units who have at least 40% of the total vote. ';
52. The heading "Decision-making outside the sitting 'is inserted above the designation of Section 1211.
53. In Section 1211, the following paragraphs 1 and 2 are added:
"(1) If the convened assembly is not eligible for a resolution, the person authorised to convene the assembly may propose in writing that the owners of the units decide on the same matters outside the meeting. In other cases, a decision may be proposed outside the sitting if the statutes so permit.
(2) Where the law or statutes require the adoption of a decision of the assembly to be certified by a authentic instrument, the application shall take the form of an authentic instrument; in that case, a copy of the authentic instrument on the draft decision shall be sent to the owners of the units. The adoption of the decision shall be certified by a authentic instrument. ';
The current text becomes paragraph 3.
54. In the first sentence of Article 1211 (3), the word 'resolution' is replaced by 'decision'.
55. At the end of § 1212, the sentence "If the law or statutes require the adoption of a decision of the assembly to be certified by a public instrument, the signature of the owner of the unit must be officially verified. '
56. § 1214 reads:
The majority shall be calculated on the total number of votes of all unit owners, unless the law provides that the total number of unit owners shall be counted. ';
57. In the first sentence of Article 1215 (2), the words "or the number of unit owners' shall be inserted after the word" house 'and in the second sentence the words "for contributions to it' shall be replaced by the words" use of common parts'.
58. In the first sentence of Article 1217 (1), Article 1218 (1) and Article 1219, "ownership 'is replaced by" ownership'.
59. In Article 1217 (2), the words "housing 'are replaced by" housing' and the words "housing 'are replaced by" housing'.
60. § 1221 reads:
(1) Unless otherwise provided for in the provisions relating to the community of owners, the provisions relating to the association, in particular the provisions concerning the assembly, meeting and decision-making of the collective bodies, the nullity of the decision or the consequences of its contravention of good manners, shall apply mutatis mutandis. However, neither the provisions concerning the assembly of delegates nor the part-member meetings shall apply.
(2) Where the law provides for the powers of owners of units in respect of housing co-ownership, it may also be exercised by their decision taken at the assembly. "
61. In § 2239, the words "to an arrangement imposing an obligation on the lessee to pay the lessor a contractual fine, nor 'are deleted.
62. Sections 2240 and 2241 are deleted, including the title.
63. The heading under Section 2254 reads: "Security and contractual penalty."
64. In Article 2254 (1), the words "or, in the event of a breach of those obligations, the words" to be 'shall be deleted and the words "to be higher than' shall be replaced by the words" and the right to pay the contractual fine in summary '.
Transitional provisions
1. If the owners of the units have deviated from Section 1180 of Act No. 89 / 2012 Coll., as effective before the date of entry into force of this Act, by the provisions governing the ratio of the contribution to the administration of the house and land, that arrangement shall be considered as part of the declaration from the date of entry into force of this Act.
2. The founder of the Owners' Association, which was the administrator of the House and Land before the date of entry into force of this Act pursuant to § 1202 of Act No. 89 / 2012 Coll., as effective before the date of entry into force of the Act, shall, from the date of entry into force of this Act, manage the House and Land under § 1191 to 1193 of Act No. 89 / 2012 Coll., as effective from the date of entry into force of the Act. However, the Assembly shall be eligible for a quorum in the presence of a majority of all owners of the units and the presence of owners of the units who have a majority of all votes and for the adoption of a decision, the approval of a majority of the votes of the members of the units present shall be required and the approval of the majority of the owners of the units present, unless the declarations or statutes require a number of higher.
3. The application for registration of the community of owners shall be submitted to the public register no later than 60 days after the date on which the founder of the community of owners who was the administrator of the house and the land pursuant to Article 1202 of Act No. 89 / 2012 Coll., as effective before the date on which the law takes effect, loses most of the votes.
4. If the seller has an obligation to offer the case to the buyer for purchase before the date of entry into force of the law, the pre-purchase right of the seller shall continue after the date of entry into force of the law.
Amendment to the Commercial Corporation Act
Act No. 90 / 2012 Coll., on Companies and Cooperatives (Commercial Corporation Act), as amended by Act No. 458 / 2016 Coll. and Act No. 33 / 2020 Coll., is amended as follows:
1. In Article 9 (1), the word "company 'is replaced by the words" commercial corporation'.
2. Paragraph 9 (3) is deleted.
3. In Article 553 (d), the words "their repayment 'are replaced by the words" for the purpose of fulfilling the deposit obligation of the basic Member State or, where applicable, the entry deposit'.
4. In Paragraph 554 (1), the word "z 'is replaced by" law or'.
5. The heading "Establishment of a cooperative at a constituent meeting 'is inserted above the designation of § 555.
6. § 555 reads:
(1) The constituent meeting of the cooperative (hereinafter referred to as the "constituent meeting") shall be convened by the convened party, who shall submit to the interested parties the draft statutes and decisions necessary to establish the cooperative.
(2) The opening meetings after the adoption of the Statutes shall elect members of the elected bodies of the cooperative, approve the depositor and determine how the basic member contribution and, where appropriate, the entry deposit are to be met. "
7. Paragraph 556 (1) reads as follows:
"(1) At the constituent meeting, the candidate who expressed his willingness to become a member of the cooperative may vote by submitting a written application no later than the opening of the constituent meeting, and the caller did not reject his application (hereinafter referred to as the" interested party '). Other persons may be present only with the consent of the convener, unless the constituent meeting decides otherwise.'.
8.
The constituent meeting shall be managed by the convener or the person authorised by him.
(1) Each candidate shall have 1 vote at the constituent meeting. Statutes are always voted in public.
(2) The opening meeting shall be capable of a quorum with the participation of the majority of the candidates; the resolution shall be adopted by a majority of the votes present.
(1) An applicant who has not voted in favour of the statutes may withdraw his application immediately after the results of the vote have been notified, otherwise this right shall cease to exist. Withdrawal of the application shall be indicated in the authentic instrument certifying the conduct of the constituent meeting.
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Regulation Information
| Citation | Act No. 163 / 2020 Coll., amending Act No. 89 / 2012 Coll., Civil Code, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.2020 |
|---|---|
| Effective from | 01.07.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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