Legislative measure of the Bureau of the Federal Assembly No 297 / 1992 Coll.
Legislative measure of the Bureau of the Federal Assembly supplementing Act No. 42 / 1992 Coll., on the Adjustment of Property Relations and Settlement of Property Rights in Cooperatives, and amending and supplementing Act No. 52 / 1966 Coll., on Personal Property to Houses, as amended by Act No. 30 / 1978 Coll. and Act No. 509 / 1991 Coll.
Valid
Effective from 23.06.1992
297
LEGAL MEASURES
Bureau of the Federal Assembly
of 20 May 1992
supplementing Act No. 42 / 1992 Coll., on the Treatment of Property Relations and Settlement of Property Rights in Cooperatives, and amending and supplementing Act No. 52 / 1966 Coll., on Personal Property to Houses, as amended by Act No. 30 / 1978 Coll. and Act No. 509 / 1991 Coll.
The Bureau of the Federal Assembly of the Czech and Slovak Federal Republic has acted pursuant to Article 58 (3) of Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, on the following legal measure:
Act No. 42 / 1992 Coll., on the treatment of property relationships and the settlement of property rights in cooperatives, is added as follows:
Paragraph 28 is replaced by the following:
(1) The right of members of housing cooperatives to invite the housing cooperative pursuant to Article 24 to conclude a contract to transfer ownership to an apartment or non-residential space (garage and studio) shall be exercised by members of housing cooperatives whose rental relationship to an apartment or non-residential space has arisen after payment of a member's share by such members or their legal predecessors or on the basis of other facts laid down by law (1).
(2) If all apartments and non-residential premises are not transferred to members of housing cooperatives who are tenants of residential and non-residential premises in the house covered by the loan granted by the bank, and if the cooperative does not repay the bank with a loan corresponding to the transferred apartments and non-residential premises, the bank and the cooperative shall, within two months, conclude an addendum to the credit agreement to leave the outstanding part of the loan to the non-transferred apartments, garages and studios to the cooperative. The other conditions for granting the credit laid down in the credit agreement are unchanged. The funds paid off by the members of the cooperative for the apartments transferred and the non-residential premises transferred shall be paid off by the cooperative to the bank at the earliest repayment of the loan.
(3) The cooperative and owners of flats and non-residential premises are required to insure the dwelling before the conclusion of the supplement referred to in paragraph 2 in such a way as to preserve in summary at least the current scope of the house insurance.
(4) The provisions of the special rules on the payment of property damage to the bank shall apply mutatis mutandis to loans left under paragraph 2. (2) The provisions of the special legislation3) on the obligation of the cooperative to repay state contributions shall not apply.
(5) The transfer of the cooperative's flat ceases to qualify for a refund of the membership.
(1) In order to secure the loans granted by the bank to the housing cooperative pursuant to the special legislation3) for the construction of flats and non-residential premises, and for the larger repair and construction of the housing house, the bank shall be subject to a lien on 1 July 1992. The lien applies to the real estate of the cooperative that relates to loans.
(2) The provisions of paragraph 1 apply mutatis mutandis to loans retained under Paragraph 28a (2).
Part of the contract for the transfer of an apartment or non-residential space from the ownership of a housing cooperative is the mutual settlement of funds intended to finance the repair and maintenance of the house, which are linked to the transferred apartment and non-residential space. Mutual settlement means settlement of both outstanding balances and arrears.
(1) Where the cooperative housing construction has been furnished with flats for which financial, credit and other assistance has been granted under the rules on financial, credit and other assistance to cooperative housing in the form of superstructures and buildings, without the building being the subject of joint ownership of the cooperative and the original owner of the building, the legal measure in favour of the cooperative or, where applicable, its legal successor to the building, the burden in kind pursuant to § 151n et seq. of the Civil Code, 4), which further limits the owner of the building in such a way that:
(a) the provisions of the Civil Code on the rental of cooperative flat shall apply to the rental of apartments obtained by the superstructure or superstructure;
(b) the cooperative or its successors in title have the rights and obligations of the lessor to these apartments, unless otherwise agreed between them and the owner of the building;
(c) the rules on the method of calculation of rent in housing units of construction housing cooperatives apply for the determination of the rent of these flats; 5)
(d) the rent of these apartments shall be paid by the lessee to the cooperative or its legal successor; payment for the performance provided with the use of the flat shall be paid by the lessee to the owner of the building or to any other person.
(2) The evaluation of the house by the acquisition of an apartment or a non-residential space under the regulations on the provision of financial, credit and other assistance to cooperative housing by means of superstructure and construction is considered as compensation for the purpose of this statutory measure for the limitation of ownership by the establishment of a material burden. '
Act No. 52 / 1966 Coll., on Personal Property to Houses, as amended by Act No. 30 / 1978 Coll. and Act No. 509 / 1991 Coll., is amended as follows:
1. Paragraph 18 (3) shall be deleted.
2. The following Section 25a is inserted after Section 25:
(1) Where, before 1 July 1992, they have been concluded between the owner or, where applicable, the organisation managing the other apartments in the house and the owners of the flats and non-residential premises of a contract for the management and maintenance of the common parts and equipment of the house and, where applicable, of the land, for a fixed annual (monthly) contribution, the owner or, where applicable, the organisation managing the other apartments in the house shall be authorised unilaterally to amend the contribution in order to comply with the provisions of Paragraph 18 (1).
(2) The owner or, as the case may be, the organisation managing the apartments and non-residential premises not yet transferred in the house shall be entitled, as from 1 July 1992, to unilaterally adjust to the owners of flats and non-residential premises the remuneration for the transactions provided with the use of the apartment and non-residential premises pursuant to Article 2 of Act No. 526 / 1990 Coll., on prices. '
Paragraph 26 of Act No. 42 / 1992 Coll., on the modification of property relations and the settlement of property rights in cooperatives is hereby repealed.
This legal measure shall take effect on the date of its publication.
Dubček v. r.
1) E.g. § 460 et seq. of Act No. 40 / 1964 Coll., Civil Code, as amended.
2) § 45 of Act No. 21 / 1992 Coll., on Banks.
3) E.g. Paragraph 6 (6) of the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Socialist Republic, the Ministry of Finance of the Slovak Socialist Republic and the President of the State Bank of Czechoslovak No. 136 / 1985 Coll., on financial, credit and other assistance to cooperative and individual housing construction and modernisation of family houses in personal ownership, as amended by Decree No. 74 / 1989 Coll. and No. 73 / 1991 Coll.
4) Act No. 40 / 1964 Coll.
5) § 11 et seq. of the Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic, the Ministry of Finance of the Slovak Republic and the State Bank of Czechoslovak No. 78 / 1991 Coll., on the conditions for granting financial assistance for cooperative housing construction.
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Regulation Information
| Citation | Legislative measure of the Bureau of the Federal Assembly No. 297 / 1992 Coll., supplementing Act No. 42 / 1992 Coll., on the Adjustment of Property Relations and Settlement of Property Rights in Cooperatives, and amending and supplementing Act No. 52 / 1966 Coll., on Personal Property to Houses, as amended by Act No. 30 / 1978 Coll. and Act No. 509 / 1991 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.1992 |
|---|---|
| Effective from | 23.06.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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