Act No. 311 / 2013 Coll.
Act on the transfer of property rights to units and family houses of certain housing cooperatives and on the amendment of certain laws
Valid
Law
Effective from 01.01.2014
311
THE LAW
of 12 September 2013
on the transfer of ownership of units and family houses of certain housing cooperatives and on the amendment of certain laws
Parliament has decided on this law of the Czech Republic:
TRANSFERS OF OWN RIGHTS TO SINGLE AND GROUP FAMILY HOUSEHOLDS OF CERTAIN CIVIL SPECIES
SUBJECT MATTER OF THE ADJUSTMENT
This law regulates certain conditions
(a) the free transfer of ownership of units or group family houses owned by housing cooperatives, formed before 1 January 1992, or of housing cooperatives which are their legal successors (hereinafter referred to as "transferring cooperative"), to the ownership of authorised members under this Act, where such transfer takes place on the basis of a decision of the transferring cooperative established after the date of entry into force of this Act and are units established in houses built with the assistance of the State, provided under the legislation on financial, credit and other assistance to cooperative housing construction, issued between 26 May 1959 and 31 December 19921) (hereinafter referred to as "cooperative building legislation") or group family houses acquired under those laws; and
(b) the transfer of ownership rights to units owned by other persons (hereinafter referred to as "the transferring owner"), to the ownership of the eligible members under this Act, where such transfer takes place on the basis of a decision by the transferring owner made after the date of entry into force of this Act, if the units arising from the apartments, or including the units built by the housing cooperatives referred to in point (a), with the assistance of the State under the legislation on cooperative housing construction as a superstructure or construction into existing buildings of other owners, without the building being the object of the joint ownership of the housing cooperative and the original owner of the building, in the form of the statutory measure of the Bureau and the federal assembly of the building, where the building is linked to those buildings under Law No 42 / 1992 Coll.
This law further regulates
(a) the rights and obligations relating to loans granted under the cooperative housing law in the relationship between the transferring cooperative and the State-represented bank responsible for carrying out the banking activities related to the management, management and recovery of claims arising from such loans (hereinafter referred to as "the bank responsible for managing the loans") arising from the transfer of ownership rights to units or group family houses pursuant to Article 1 (a);
(b) the rights and obligations relating to loans granted under cooperative housing law in relation to the relationship between the housing cooperative and the bank responsible for managing the loans resulting from the transfer of ownership to the units referred to in § 1 (b);
(c) cases in which the transferring cooperative is obliged to repay State contributions granted under the cooperative housing legislation;
(d) the service of an apartment constructed by a superstructure or built-in pursuant to Paragraph 1 (b), if the lessee ceases to be a member of the housing cooperative;
(e) the cases where the transferring cooperative and cooperative formed before 1 January 1992 or its legal successor whose activity is the construction and administration of the garage for its members are obliged to transfer the land, obtained free of charge pursuant to § 60a of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its performance in legal relations, as amended by Act No. 229 / 2001 Coll., Act No. 202 / 2002 Coll. and Act No. 22 / 2006 Coll. or pursuant to § 60a of Act No. 219 / 2000 Coll., as amended, (hereinafter referred to as "Act on the property of the State"), in the transfer of ownership to the unit, group family house or garage without charge.
INDIVIDUAL AND GROUP FAMILY HOUSE TRANSFERRED FROM THE OWNERSHIP OF THE TRANSFER
Invalidity of transfer of the unit and group house and settlement of the member's equity in the cooperative
(1) The transfer of ownership rights to the unit or to the group family home from the transferring cooperative to the eligible member under this Act shall be free of charge; This is without prejudice to the obligation of the authorised member to pay the transfer costs associated with the transfer to the transferring cooperative.
(2) The participation of an authorised member in the transferring cooperative, referred to as a member's share under the cooperative housing law, in which the member or his legal predecessor participated in the financing of the construction of a house with transferred units or a group family house (hereinafter referred to as the "member's share"), is settled on the date on which that member has acquired ownership of the unit or group family house. This also applies to the basic Member State contribution if it was also a source of financing for construction; in that case, membership of the transferring cooperative shall cease if the member does not pay a basic member contribution of the amount determined by the statutes no later than 30 days after the acquisition of the ownership of the transferred unit.
Unit transferred from ownership of the transferring cooperative to the eligible member
(1) In a house with apartments and non-residential premises in which the transferee has acquired ownership of at least one unit before the date of entry into force of the Civil Code, the unit referred to in § 1 (a) is the unit under Act No. 72 / 1994 Coll., which regulates certain co-ownership relations with buildings and certain ownership relationships with apartments and non-residential premises and complements certain laws (the Housing Act), as amended, which is an apartment, garage, atelier or non-residential space based on a decision to change the use of the building from the apartment, garage or atelier. With the transfer of ownership to the unit, the joint ownership of the joint parts of the house is transferred and the transferring cooperative is obliged to transfer the joint ownership of the property, if its owner is the owner. The size of the co-ownership share is determined by the reciprocal ratio of the size of the floor area of the units to the total floor area of all units in the house.
(2) In a house with apartments and non-residential premises in which neither ownership law nor a single unit has been transferred before the date of entry into force of the Civil Code, the unit transferred pursuant to Paragraph 1 (a) shall also mean a unit as a immovable property under the provisions of the Civil Housing Code, which includes, in addition to the apartment, garage, studio or non-residential premises referred to in paragraph 1, a joint ownership interest in the common parts of the immovable property; the joint part of the real estate is also land where the transferring cooperative is its owner.
(3) If there is a non-residential space in the house, which is a unit under the Housing Act or includes it as a immovable property under the Civil Code, which was created by a decision to change the use of the building from the common premises of the house, the transferring cooperative shall, under the contract, transfer the unit when transferring units under paragraph 1 or 2 to the joint ownership of the authorised members. The size of the co-ownership share shall be determined by the reciprocal ratio of the size of the floor area of the units to the total floor area of all units in the house, excluding the floor area of the transferred non-residential space.
The transferring cooperative which, as the owner of the housing house or of the untransferred units in the house, has acquired free of charge land or co-ownership interest in the land under the State Property Act, shall transfer, at the same time as the unit under Paragraph 4 (1) or as part of the unit under Section 4 (2) to the eligible member, a joint ownership interest in that land free of charge. The size of the transferred co-ownership interest corresponds to the size of the joint ownership interest in the joint parts of the house under the Housing Act, to the size of the joint ownership interest in the joint parts of the real estate, in the transfer of the unit under Article 4 (2).
Group family home transferred from ownership of the transferring cooperative to the eligible member
(1) If the transferring cooperative is not the owner of the land on which the group family house is built, the ownership right shall be transferred separately to each group family house together with its accessories and basic technical equipment owned by the transferring cooperative, as well as the garage, if it was acquired with the group family house.
(2) If the transferring cooperative is the owner of the land on which the group family house is built, the property rights to that land shall be transferred, including the building which forms part of that land.
(3) Together with the transfer of the property right to the immovable property referred to in paragraph 1 or 2, it shall be transferred from the ownership of the transferring cooperative to the additional ownership of the joint ownership of the joint accessories of group family houses and their common basic technical equipment. The size of the joint ownership share for individual family houses shall be determined by the number of such houses with common accessories, possibly connected to common basic technical equipment.
If the transferring cooperative, as owner of the transferred family house, its accessories or garage, has acquired property free of charge under the State Property Act, it shall transfer the property at the same time as the group family house, its accessories or the garage to the eligible member free of charge. This shall also apply mutatis mutandis to a cooperative whose business is the construction and management of garages for its members incurred before 1 January 1992 or its legal successor, if it is the owner of the garage and transfers its ownership to a natural person.
Authorised member for transfer of a unit or group family home from ownership of the transferring cooperative
(1) For the purposes of transferring ownership rights to a unit under this Act, a natural person - a member of a transferring cooperative whose rental relationship to an apartment, garage, studio or non-residential space which is transferred as a unit under Paragraph 4 (1), or which includes a transferred unit pursuant to Paragraph 4 (2), arose after the payment of a member's share to that member or his legal predecessor.
(2) For the purposes of the transfer of ownership of a family house and land referred to in § 6 and 7, a legal member of the transferring cooperative whose lease to the transferred family house arose after the payment of a member's share to that member or his legal predecessor.
(3) An authorised member shall also mean, where the conditions laid down in paragraphs 1 and 2 are met, joint spouses if they are joint members of the transferring cooperative.
Contract for the transfer of ownership to a unit or to a group family home
(1) The transfer of ownership rights to an entity or a group family house under this Act shall include an agreement on the obligation of the authorised member to pay the transferring cooperative an amount corresponding to outstanding loans with the facilities provided to that cooperative under the law on cooperative housing or other outstanding loans, as applicable, to the amount attributable to the transferred unit or group family house. The ownership of the unit or group family home may be transferred only after settlement of the obligation.
(2) The transfer of ownership rights to the unit or group family home shall also include an arrangement for the mutual settlement of rental funds intended to finance the repair and maintenance of the building or, where applicable, the house and the unit corresponding to the transferred unit and the balances of the assets arising from the profit of the housing holding belonging to the transferred unit. Mutual settlement means the settlement of both outstanding balances and the settlement of arrears by the acquirer of the unit. If the transfer of the unit is sought, the transferring cooperative shall transfer unspent funds to the person responsible for house management for the purpose of house and parcel management contributions. The ownership of the unit may be transferred only after these liabilities have been settled.
Obligations of the transferring cooperative and the bank responsible for managing the loan
(1) The transferring cooperative shall, when transferring ownership to a unit or to a group family house under this Act, use the funds acquired under Paragraph 9 (1) in the relevant half of the year from the eligible members on a loan payment granted under the cooperative housing legislation to make an exceptional repayment of the credit with the facilities, at the rate corresponding to the transferred units or family houses.
(2) The exceptional payment referred to in paragraph 1 shall be paid by the transferring cooperative to the bank in charge of the management of the loans together with the regular repayment of the loan corresponding to the same half-year with the designation of the units to which the exceptional payment relates.
(3) The bank responsible for managing the loans shall issue a confirmation to the transferring cooperative of the repayment of the corresponding part of the loan by an exceptional instalment, together with the identification of the units to which the loan was transferred; the confirmation of the bank is annexed to the application for the transfer of ownership of the unit to the property register.
(4) The bank responsible for the management of the loans will issue a confirmation of repayment of the corresponding part of the loan also where the entire part of the loan relating to the transferred unit or group family home has been repaid before the transfer to the ownership of the eligible member or where the entire loan has already been repaid with the real estate component in which the transferred units are located.
(1) If there is no transfer of ownership over all units in the house covered by the loan granted to the transferring cooperative under the cooperative housing law, and the cooperative has repaid part of the loan with the assets belonging to the units transferred so far, the bank responsible for managing the loans with the transferring cooperative shall conclude a credit agreement supplement.
(2) The addition to the credit agreement referred to in paragraph 1 shall be subject to the retention of the outstanding part of the loan belonging to units not yet transferred in the house of the transferring cooperative; for the retained part of the loan, the conditions under which the credit assistance to cooperative housing was granted under the cooperative housing legislation apply mutatis mutandis.
The transferring cooperative to which the loan is retained pursuant to Paragraph 11 shall be required to insure the non-transferred units covered by the loan in such a way as to maintain the existing scope of the house insurance corresponding to the non-transferred units.
Liability
(1) In order to secure the loans left by the bank in charge of the management of the loans to the transferring cooperative pursuant to Article 11, the lien of the non-transferred units to which outstanding loans relate is bound.
(2) The lien referred to in paragraph 1 attests to the Czech Republic. The Ministry of Finance shall be responsible for the exercise of this right.
Paragraph 11 to 13 shall apply mutatis mutandis if the transfer of ownership to all group family houses covered by the loan granted to the transferring housing cooperative under the cooperative housing legislation does not take place.
TRANSFER OF OWN RIGHTS TO THE SINGLE EXCHANGE FROM THE HOUSE OR INCLUDING THE BEING EXISTED BY THE INSTALLATION OR CONSTRUCTION
Decision on the transfer of ownership of the unit arising from the apartment or involving an apartment built up by a superstructure or installation
The transfer of ownership rights to the authorised member of the unit arising from the apartment or including an apartment built by the housing cooperative shall be decided by the transfer owner in accordance with § 1 (b); when transferring ownership of this unit, the transferring owner shall comply with Paragraph 18 (1).
Unit formed from an apartment or comprising an apartment constructed by superstructure or superstructure
(1) In a house with apartments and non-residential premises in which the transferee acquired ownership of at least one unit before the date of entry into force of the Civil Code, the unit transferred pursuant to Paragraph 1 (b) shall be the unit under the Housing Act which is the dwelling. With the transfer of ownership to the unit, the joint ownership of the joint parts of the house is transferred and the transferring owner is obliged to transfer the joint ownership of the property, if the owner is the owner. The size of the co-ownership share is determined by the reciprocal ratio of the size of the floor area of the units to the total floor area of all units in the house.
(2) In a house with apartments and non-residential premises in which neither ownership law nor a single unit has been transferred before the date of entry into force of the Civil Code, the unit transferred pursuant to § 1 (b) shall be considered as a real estate item under the provisions of the Civil Housing Code, which includes an apartment.
Authorised member for acquisition of ownership of the unit from the apartment or including an apartment built up by superstructure or construction
(1) An authorised member for the acquisition of ownership of the unit referred to in § 8 is a natural person who is a member of the housing cooperative referred to in § 1 (a), who is a tenant of an apartment to which the burden of material burden for the benefit of that housing cooperative is attached under § 28d of the Cooperative Transformation Act, if his rental relationship arose after the payment of a member's share to that housing cooperative or its legal predecessor by that member or his legal predecessor.
(2) Where the conditions referred to in paragraph 1 are met, the members of the approved family shall also be married together if they are joint members of the housing cooperative referred to in paragraph 1.
Transfer of ownership rights to the unit arising from the apartment or including an apartment built up by the superstructure or installation to the authorized member and the demise of the material burden
(1) If the transfer of ownership of the unit referred to in § 16 is to be made to an authorised member pursuant to § 17, the transferring owner shall be obliged to notify the housing cooperative, entitled from the material burden under § 28d of the Cooperative Transformation Act, to which a loan has been granted for such construction under the cooperative housing legislation. This cooperative shall have the right to pay the amount corresponding to the outstanding loan with the facilities corresponding to the amount of the transferred unit.
(2) The provisions of paragraphs 9 to 13 shall apply mutatis mutandis in cases relating to the terms of the contract, the relations between the cooperative entitled to carry in kind and the beneficiary as well as between the cooperative entitled to carry in kind and the bank entrusted with the management of the loans.
(3) The transfer of ownership to the unit referred to in paragraphs 1 and 2 shall put an end to the material burden on the apartment incurred in favour of the housing cooperative pursuant to Article 28d of the Cooperative Transformation Act; If some of the units referred to in Section 16 are not transferred in the house, the burden of matter shall cease to exist within the scope of the unit transferred.
EXTENSION AND EMPLOYMENT
The creation of the service of an apartment built by a superstructure or built-in for the benefit of a tenant whose membership of a housing cooperative has ceased
(1) If, after the date of entry into force of this Act, without the legal successor of the housing cooperative referred to in Article 1 (a), for the benefit of which a material burden has been incurred pursuant to Article 28d of the Law on the transformation of cooperatives linked to the building in relation to the apartment resulting from the extension or incorporation into the existing building of another owner, or if the membership of the tenant of such an apartment in the housing cooperative ceases to exist on that date, the material burden created for the benefit of the housing cooperative with the current establishment of the service of the apartment in favour of the previous tenant. The service of the flat shall be the date of the termination of the housing cooperative or the date of the termination of the membership of the cooperative, but first after the conditions laid down in paragraph 2 have been met. The service of the apartment passes to the same extent to any subsequent legal successor of the previous tenant.
(2) The lessee in question, in respect of which the service of the flat is to be incurred pursuant to paragraph 1, is obliged to pay the housing cooperative an amount corresponding to the outstanding loan with its accessories. Paragraph 9 to 12 shall apply mutatis mutandis.
(3) The establishment of the service of the apartment in favour of the existing tenant of the apartment referred to in paragraph 1 shall cease to give rise to the right of reimbursement of the member's share by which the lessee or his legal predecessor participated in the building of another owner under the legislation on cooperative housing in order to finance the apartment built by the superstructure or built-in. The right to return the basic member contribution by which the lessee or his legal predecessor participated in the building of another owner pursuant to the law on cooperative housing construction in order to finance an apartment built by a superstructure or a built-up building shall also cease to exist in the service of the apartment for the benefit of the existing lessee in accordance with paragraph 1.
Termination of the service of an apartment built in the form of superstructure and construction
The service of an apartment established for the benefit of a tenant pursuant to Section 19 shall cease to exist on the day on which the lessee acquires the right of ownership of the unit arising from or involving that apartment.
OBLIGATIONS TO RETURN STATE CONTRIBUTIONS GRANTED BY STATES TO THE SEPARATE INSTALLATION
(1) If the transferring cooperative transfers ownership rights to a unit in a house built with the assistance of the State under the cooperative housing legislation to a person other than a beneficiary, it shall be obliged to reimburse the State for the contributions to the transferred unit, with the exception of the amounts granted to cover the increased costs of the difficult creation of the building, the costs associated with the acquisition of basic technical equipment and other equipment caused by the general need and the additional costs not exceeding the standard of housing which were not caused by the cooperative's requirements. The amount of the contributions payable to the cooperative shall be reduced by 1% per year starting from the year of the building approval.
(2) If the transferring cooperative transfers ownership rights to a group family home built with the assistance of the State under the cooperative housing legislation to a person other than a beneficiary, it shall be obliged to repay to the State the contributions granted to the construction of the house and its accessories, with the exception of the amounts granted to cover the costs incurred by exceptional conditions of incorporation, the construction of profiling, the construction of other equipment resulting from the general needs and costs of basic technical equipment owned by the cooperative. The amount of the contributions payable to the cooperative shall be reduced by 1% per year starting from the year of the building approval.
(3) The obligation to repay contributions of the amount referred to in paragraphs 1 and 2 shall be imposed on the transferring cooperative even if it transfers the unit referred to in paragraph 1 or the group family house referred to in paragraph 2 not free of charge.
(4) The obligation to pay back to the State contributions equivalent to those referred to in paragraphs 1 and 2 shall also be imposed on the transferring cooperative if it ceases to be the owner of a house acquired under the legislation on cooperative housing or units in that house by any means other than the transfer of units to the ownership of eligible members or the destruction of a house; This also applies in the event of the disappearance of the material burden arising under Section 28d of the Cooperative Transformation Act.
(1) When transferring ownership of the unit referred to in § 16 to the ownership of a person other than the authorised member, the transferring owner shall inform the housing cooperative entitled to the burden of claim under § 28d of the Cooperative Transformation Act to which a loan has been granted for such construction under the cooperative housing legislation.
(2) The acquirer of the unit is obliged to pay to the housing cooperative entitled to the material burden under § 28d of the Cooperative Transformation Act an amount corresponding to the outstanding loan with an amount equal to the amount of the transferred unit and the amount of the State contribution granted to the cooperative under the cooperative housing law, equal to the amount payable to the transferred unit calculated in accordance with § 21 (1).
(3) The housing cooperative entitled from the material burden under Section 28d of the Cooperative Transformation Act is required to pay the loan and return to the State the amount of the State contribution equal to the transferred unit.
(4) The ownership of the unit referred to in § 16 may be transferred to a person other than the authorised member only after the fulfilment of the obligation of that person towards the housing cooperative referred to in paragraph 2 and the obligations of the housing cooperative towards the State pursuant to paragraph 3.
The organisational component of the State responsible for receiving contributions which are returned pursuant to Sections 21 and 22 is the Ministry of Finance.
SPECIFIC PROVISIONS ON THE EDUCATION OF THE COMMUNITY OF OWNERS
(1) If the housing cooperative referred to in § 24 (1) and (2) of the Housing Act, which was the original owner of the building, or the housing cooperative which is its legal successor, fulfilled the obligations of the trustee pursuant to § 9 of the Housing Act, as amended by 30 June 2000, and its co-ownership in the common parts of the house did not fall to less than one half on the date of entry into force of the Civil Code, the housing cooperative has been the manager of the house and the land since the date of entry into force of that Act; Article 1191 of the Civil Code shall apply mutatis mutandis to administration. Paragraph 1198 of the Civil Code does not apply here.
(2) If, after the date of entry into force of this Act, the joint ownership of the administrator referred to in paragraph 1 in the common parts of the house is reduced to less than one half, the administrator shall convene at the latest 90 days from the date of receipt of the documents proving the reduction of its joint ownership, the assembly of the owners of the units to establish the community of the owners of the units (hereinafter referred to as "the Community '). If not, any unit owner may do so. An application for registration in a public register shall be submitted by the Community statutory body no later than 30 days after the date of establishment of the Community.
(3) A majority of the members of the units present shall be required to decide on the management of the house and land and to approve the statutes of the Community. The Assembly shall be competent to give a quorum in the presence of the owners of the units having a majority of all votes.
(4) The function of the administrator referred to in paragraph 1 shall cease to exist on the date of the establishment of the Community.
(5) Until such time as the Community is established, the owners of the units shall, in accordance with the time limits laid down in paragraph 2, be entitled and be required to act on a common matter in proportion to the size of their joint ownership interests in the common parts of the house. Paragraph 1127 of the Civil Code shall not apply until the creation of a Community, where the establishment of a Community and the submission of an application for the registration of a Community in a public register, at the latest within the time limits laid down in paragraph 2, otherwise only until 90 days from the date on which the administrators arrive at the service of the instruments, showing a reduction of their co-ownership interest in the common parts of the house to less than one half.
TRANSITIONAL PROVISIONS
A cooperative other than a transferring cooperative under this Act which, as owner of a residential house or untransferred units in a house or as owner of a group family house, its accessories or a garage, has acquired, by the date of entry into force of this Act or still after that date, a property or a joint ownership interest in the property under the State Property Act, shall transfer that land or that joint ownership interest in the property to a natural person, to whom it simultaneously transfers the unit or group family house, its accessories or garage. This applies mutatis mutandis to a cooperative whose business is the construction and management of garages for its members, which was not created before 1 January 1992 and is not even the legal successor of a cooperative with that activity established before that date, provided that it is the owner of the garage and transfers its ownership to a natural person.
Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations
Act No. 219 / 2000 Coll., on the property of the Czech Republic and its representation in legal relations, as amended by Act No. 492 / 2000 Coll., Act No. 229 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 501 / 2001 Coll., Act No. 457 / 2002 Coll., Act No. 480 / 2002 Coll., Act No. 140 / 2006 Coll., Act No. 218 / 2004 Coll., Act No. 217 / 2005 Coll., Act No. 359 / 2005 Coll., Act No. 22 / 2006 Coll.
1. In Article 60a (1), the words "formed before 1 January 1992 or the housing cooperative which is its legal successor," shall be inserted after the words "owned by a housing cooperative."
2. in Article 60a (2) (a), the words "referred to in paragraph 1" shall be inserted after the words "housing cooperatives" and the words "this" shall be inserted after the word "built."
3. In Article 60a (2) (b), the words "referred to in paragraph 1 'shall be inserted after the words" owned by a housing cooperative'; the words "formed before 1 January 1992 or their successors in law 'shall be inserted after the words" this';
4. In Article 60a (3), the words "referred to in paragraph 1 'shall be inserted after the words" housing cooperatives'.
5. In Article 60a (4), the words "referred to in paragraph 1 'shall be inserted after the words" the housing cooperatives' and the words "formed before 1 January 1992 or its legal successor 'shall be inserted after the words" the cooperatives'.
6. in Article 60a (5) (a), the words "referred to in paragraph 1" shall be inserted after the words "owned by a housing cooperative."
7. In Article 60a (5) (b), the words "referred to in paragraph 1 'shall be inserted after the words" in the building owned by the housing cooperative'; the words "referred to in paragraph 1 'shall be inserted after the words" owned by the housing cooperative' shall be inserted after the words "referred to in paragraph 1 ';
8. In Article 60a (5) (d), the words "referred to in paragraph 1 'shall be inserted after the words" housing cooperatives'.
9. In Paragraph 60a, the following paragraph 6 is inserted after paragraph 5:
"(6) The relevant organisational body shall transfer the joint ownership of the land to the extent appropriate to the joint ownership of the joint parts established under Section 1161 of the Civil Code to the ownership of the land free of charge.
(a) a natural person who is the owner of the unit pursuant to Article 4 (2) of Act No 311 / 2013 Coll., on the transfer of ownership rights to units and group family houses of certain housing cooperatives and on the amendment of certain laws,
(b) natural persons who have become the owner of the unit referred to in point (a) following the transfer or transfer of ownership of that unit; or
(c) housing cooperatives referred to in paragraph 1, if the cooperative has remained the owner of the untransferred units referred to in point (a) and the cooperative is subject to the obligation set out in Section 5 of Act No 311 / 2013 Coll. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
10. In Paragraph 60a (7), "1 to 5 'is replaced by" 1 to 6';
11. in Article 60a (8), the words "or 6" shall be inserted after the words "paragraph 5" and the words "or 6" shall be inserted after the words "paragraph 5";
Transitional provisions
(1) If a housing cooperative, a cooperative whose business is the construction and management of a garage for its members, or a natural person, has acquired the right to a free contractual transfer of land or co-ownership interest to land pursuant to § 60a of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its performance in legal relations, as effective before the date of entry into force of this Act, the provisions of the existing legislation shall continue to apply and § 60a of Act No. 219 / 2000 Coll., as effective from the date of entry into force of this Act, shall not apply. According to existing legislation, the limitation period for the application of this law is also assessed and the effects of the limitation period until the date of entry into force of this law remain.
(2) Where a cooperative established before 1 January 1992 or a cooperative established before 1 January 1992 or a cooperative established before 1 January 1992, or a cooperative established before 1 January 1992 or its legal successor whose activity is the construction and management of a garage for its members, or a natural person referred to in paragraph 1, does not apply to the transfer of the property for the first time, and that cooperative, cooperative or natural person, fulfils the conditions for the acquisition of the right of free contractual transfer of the land or co-ownership of the land pursuant to Article 60a of Law 219 / 2000 Coll., as effective before the date of entry into force of the law, the legal guardian of those persons, the conditions for the free contractual transfer of the land or co-ownership of the land pursuant to Article 60a law of Law 219 / 2000 Coll., in effect from the date of the date of application of the limitation of the term of the term of limitation and the term of limitation of the law, the law, the law was already fulfilled of the law.
Amendment of the law regulating certain user relations to the property of the Czech Republic
In Article 1 (2) of Act No. 1 / 2007 Coll., which regulates certain usage relations to the property of the Czech Republic, the words "or the provisions of Section 60a of Act No. 219 / 2000 Coll., as amended," are inserted after the words "and Act No. 22 / 2006 Coll.,".
EFFECTIVE
This Law shall enter into force on 1 January 2014.
Zeman v. r.
Rusnok v. r.
1) For example, Decree No. 137 / 1968 Coll., on Financial, Credit and Other Assistance to Cooperative and Individual Housing Construction, as amended by Decree No. 14 / 1969 Coll., Decree No. 160 / 1976 Coll., on Financial and Credit Assistance to Cooperative and Individual Housing Construction, as amended by Decree No. 172 / 1980 Coll.
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Regulation Information
| Citation | Act No 311 / 2013 Coll., on the transfer of property rights to units and group family houses of certain housing cooperatives and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.10.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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