Act No. 27 / 1959 Coll.
Law on cooperative housing
Valid
Effective from 26.05.1959
27
Law
of 12 May 1959
on cooperative housing construction
The National Assembly of the Czechoslovak Republic decided on the following Act:
Preliminary provisions
The substantial increase in the development of housing construction implies the widest possible release of financial and material resources and labour, and the widest mass of workers involved in the construction of housing. The use of these possibilities is best ensured by cooperative housing construction organised by building housing cooperatives and managed by national committees.
Establishment and nature of cooperatives
(1) Building housing cooperatives are set up by employees of an undertaking or other socialist organisation (hereinafter referred to as "undertaking") or citizens for the circumference of certain municipalities or places.
(2) The scope and method of cooperative housing is determined by the economic development plan of the region, district or municipality.
(1) Building housing cooperatives ("cooperatives") are folk cooperatives; the cooperative shall be established by the adoption of the statutes establishing the membership meetings, the election of the cooperative's bodies and the approval of its formation by the executive body of the district national committee in whose district the seat of the cooperative is to be held.
(2) The cooperatives are socialist legal persons and are registered in the company register. Members' shares shall not be entered in the register.
Cooperative authorities
(1) Cooperative bodies are members' meetings, board of directors and review committee. The cooperative may also set up other bodies for the performance of the sub-tasks, or establish district management for each part of the scope of the cooperative; the manner in which the cooperative's statutes are established and applied.
(2) In their activities, the cooperative authorities rely on the assistance of the executive bodies of the national committees and of the employees' cooperatives and on the assistance of the undertaking for which the cooperative has established itself.
(1) The President (Vice-President) and another member of the Board shall act on behalf of and sign for the cooperative. In addition, the persons empowered by the Board may act on behalf of the cooperative to the extent of the authorisation granted.
(2) Members of the board of directors or review committee who have caused damage to the cooperative by violating their duties are jointly and severally liable for it.
Cooperative activity and management
(1) The cooperative may only undertake such activities as are consistent with the performance of its tasks in the construction of residential rental houses and in the management and maintenance of cooperative property.
(2) Cooperative housing is financed mainly by members of the cooperative; the State grants a special contribution to cooperatives and the State Bank grants a Czechoslovak adequate loan. The activities of the cooperative are governed by the principles of strict economy. The expenditure of the cooperative must be covered by its revenue.
The basic funds of the cooperative cannot be disposed of or burdened without the approval of the Executive Authority of the District National Committee. The members' shares cannot be stopped or enforced.
Statutes of cooperatives
The details of the establishment of the cooperative, the conditions under which membership of the cooperative, the rights and obligations of the members, the establishment and competence of the bodies of the cooperative and the activities and management of the cooperative shall be acquired and forfeited, shall be governed by the statutes of the cooperative drawn up in accordance with the model statutes approved by the Government. *)
Relationship of cooperatives to national committees
The National Committees and their executive bodies shall provide the cooperatives with continuous and versatile assistance, in particular providing technical assistance for their construction, help them to acquire building land, building materials from local sources, organise their own assistance for the construction, maintenance and management of cooperative housing assets and ensure the widest possible participation of the members of the cooperative in the management and management of the cooperative.
(1) The cooperative housing structure is managed, supervised and operated by the management authority of the district national committee or, under its responsibility, by the management authority of the local national committee. The Executive Authorities shall ensure that cooperative housing is carried out in accordance with the applicable territorial decisions and approved project documentation and that cooperative activities and management are carried out in accordance with the rules and statutes of the cooperative. In their management and supervisory activities, the executive bodies shall in particular use methods of persuasion without replacing the competence and activity of the cooperative bodies.
(2) The Executive Authority of the District and, where appropriate, the Local National Committee shall suspend the enforcement of the resolutions of the Board of Directors or of the Board of Directors, in so far as the rules or statutes of the cooperative are concerned.
(3) If the cooperative carries out residential construction outside the district of the district national committee in which it has its registered office, the cooperative shall provide assistance for the construction and construction of the cooperative, managed by the management body of the district national committee in whose district the construction is carried out.
Advantages for cooperatives and their members
(1) Apartments in the houses of the cooperative are excluded from the allocation right of the national committees.
(2) If membership of the cooperative continues, these apartments of the members of the cooperative or other provisions of Act No. 67 / 1956 Coll., on the Management of Houses do not apply; The Executive Authority of the National Committee cannot therefore issue a discharge order against members of the cooperative, even on grounds of overcapacity of the apartment. The member of the cooperative does not pay the local fee from the cooperative apartment; the exchange of flats in cooperative houses does not require the approval of the Executive Authority of the National Committee.
(3) The cooperative may not cancel the lease with a member of the cooperative if its membership continues. A member of a cooperative may, for serious reasons, in particular on transfer to a place of work in another place or in justified family cases, transfer his rights to another person who will be accepted as a member of the cooperative with the consent of the Board of Directors.
(1) If a member of a cooperative dies, his family members who are heirs are entitled to receive one of them as a member. The benefits referred to in Article 11 (2) shall apply to the flat of the deceased member of the cooperative in the cooperative house, even until the application for a family member or another person has been accepted, who has entered into the lease by the death of the member of the cooperative; However, the benefits shall cease if the application has not been filed within two months of the final termination of the succession proceedings. The rental ratio of other persons who have entered into the lease relationship with the death of a member of the cooperative (§ 393 (1) o.s.) shall cease on the date of the membership of the person who was admitted to the post of deceased member.
(2) The family members are the spouse, relatives in the direct generation (even from the ovaries) and siblings.
(3) The inheritance of the deceased member is entitled to pay the residual value of the member's share. The inheritance shares of the spouse, children and parents in the residual value of the member's member's share of the deceased shall be exempt from the notarial inheritance fee if one of these heirs has become a member of the cooperative to the place of the deceased. The remaining value of the member holding may be transferred to the heir who became a member of the cooperative, with the agreement of the other heirs.
(4) The cooperatives are exempt from the payment of pension tax on cooperatives and other organisations. Cooperative housing houses are exempt from home tax.
Merging of cooperatives
The Cooperatives may be merged without liquidation by means of a resolution of their membership meetings with the approval of the Executive Authority of the District National Committee. The merger decision shall specify the date of the merger. The day of the merger shall become members of the cooperative taken over by the members of the cooperative of the recipient.
Repeal of the cooperative
(1) The cooperative is hereby repealed.
(a) by a resolution of a member meeting requiring the approval of the Executive Authority of the District National Committee; or
(b) the execution of all assets of the cooperative.
(2) Following the cancellation of the cooperative by a resolution of the member meeting, the arrangement of the cooperative's assets (liquidation) must be carried out.
Transposition
(1) The liquidation shall be carried out by the liquidators elected by the member meeting and, where appropriate, by the management authority of the District National Committee; that authority may, for serious reasons, withdraw liquidators and establish new liquidators. The task of liquidators is to complete the negotiations that are in progress, to satisfy the creditors of the cooperative and to return the remaining value of the members' shares.
(2) The liquidators shall draw up a balance sheet at the start of their operations. If it implies that the assets of the cooperative are not sufficient even after the members have fulfilled their obligation to settle the cooperative's liabilities, the liquidators shall submit a proposal for the execution of the cooperative's assets and inform the management authority of the District National Committee accordingly.
(3) The residual value of the members' shares may not be recovered until all the creditors of the cooperative have paid or secured their claims. The assets remaining after the payment of all the cooperative's liabilities, the repayment of the members' shares and the payment of the liquidation expenses shall be borne by the State.
(4) At the end of the liquidation, the liquidators shall report to the management authority of the District National Committee and propose the deletion of the cooperative from the company register.
Final provisions
(1) The Minister of Finance will provide for the financing and lending of housing and the financial management of building housing cooperatives.
(2) The Minister of Finance is hereby authorised to regulate the financing and lending of housing of single agricultural cooperatives.
Construction housing cooperatives established under this Act are not covered by Act No. 53 / 1954 Coll., on folk cooperatives and on cooperative organisations.
This Law shall take effect from the date of its publication; it shall be carried out by all members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Bark v. r.
Shimonek v. r.
Jankovcová v. r.
Dr Acid v. r.
Plojhar v. r.
Dr Nobility v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Colonel General Lomský v. r.
Machachová v. r.
Dr Non-edible v. r.
Polack v. r.
Strougal v. r.
Uher v. r.
Lamb
Jonah v. r.
Dr Kahuda v. r.
Reitmajer v. r.
Dr Skoda v. r.
Dr Hlasák v. r.
Potato
ge. Black v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
ge. Púčik v. r.
*) The model statutes of the building housing cooperative of employees and building housing cooperative of citizens are published in an amount of 40 Official Journal of 26 May 1959.
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Regulation Information
| Citation | Act No. 27 / 1959 Coll., on cooperative housing construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.05.1959 |
|---|---|
| Effective from | 26.05.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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