Government Decree No 322 / 2000 Coll.
Government regulations issuing model statutes for unit owners' communities under the Housing Act
Valid
Regulation
Effective from 25.09.2000
Text versions:
25.09.2000
322
GOVERNMENT REGULATION
of 23 August 2000
issuing model statutes for unit owners' community under the Housing Act
The Government mandates pursuant to § 9 (10) of Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (Law on Housing), as amended by Act No. 103 / 2000 Coll.:
Pending the approval of the statutes of the Community of Owners of Units, its legal status shall be governed by the model statutes set out in the Annex to this Regulation.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Zeman v. r.
Minister for Local Development:
Ing. Lachnit, CSc.
Annex to Government Decree No 322 / 2000 Coll.
Model statutes of the unit owners' community
The Community of Owners of Units (hereinafter referred to as "the Community") is a legal person established under Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (the Law on Housing), as amended by Act No. 273 / 1994 Coll., the found by the Constitutional Court No. 280 / 1996 Coll., Act No. 97 / 1999 Coll. and Act No. 103 / 2000 Coll., hereinafter referred to as "the Law." Unless the Community adopts other statutes, it shall be governed by such model statutes.
Subject matter
1. The purpose of the Community's activities is to manage, operate and repair the common parts of the house, defined in the manner laid down in the Act (hereinafter referred to as "house management ') and to ensure other activities linked to the operation of the house.
2. The house administration means:
(a) ensuring the operation of houses and land, including technical installations and common parts of technical networks, in such a way that the common parts of the house are operable and serve for their proper use and for the proper use of apartments and non-residential premises in the house;
(b) ensuring repair and reconstruction of common parts of the house, including emergency maintenance;
(c) the provision of fire protection for the house and its revision and repair;
(d) the provision of revisions and repairs to gas distribution, electricity distribution, vertical and horizontal water and waste water distribution, heat and hot water distribution and the operation of central heating radiators, air conditioning, lifts, common television and radio antennas and other systems for reception and distribution of television and radio signals, electrical communication equipment in the house and lightning pipelines;
(e) ensuring revisions and repairs of the home boiler room or exchange station;
(f) the provision of chimney inspections and cleaning,
(g) the performance of other obligations where they result or result from special legislation on the owners of the units in connection with their co-ownership to the common parts of the house;
(h) the provision of administrative and operational technical work related to house management and the management of the relevant technical and operational documentation for the house;
(i) the collection of contributions from the owners of the units to the costs associated with the management of the common parts of the house and land and, where applicable, other contributions, if they are collected from decisions of the owners of the units,
(j) ensuring that account is taken of payments made by owners of units for the costs associated with the management of the common parts of the house and land and, where appropriate, of other means collected from decisions taken by owners of units;
(k) keeping records of the costs incurred in providing house management;
(l) keeping an overview of all other costs relating to the house and land;
(m) the establishment of an account with the bank and the management of the funds of the owners of the units, entrusted by the Communities to cover the costs associated with the administration and operation of the common parts of the house, with the obligation of authorised persons to dispose of them with the care of the proper manager of the foreign property and under instructions approved by the owners of the units,
n) keeping house accounts according to Act No. 563 / 1991 Coll., on Accounting, as amended, with separate accounting for individual units (apartments and non-residential premises) and monitoring of costs and revenues in the relevant accounting year.
3. Under the mandate of all owners of the units, the Community shall ensure the insurance of the house.
4. The Community shall, under the authority of the owners of the units:
(a) services provided with the use of apartments and non-residential areas and common parts of the house (hereinafter referred to as "services"), except those provided directly by unit owners from the supplier (e.g. the supply of electricity or gas to individual apartments and non-residential areas);
(b) the supply of electricity and water and, where appropriate, gas and waste water for the common parts of the house;
(c) the supply of water and the disposal of waste water per unit;
(d) the supply of heat and hot utility water from a central source located in the house or, where appropriate, from a supplier of heat from a source located outside the house;
(e) other obligations which result for the owners of the units and, where appropriate, for the Community, from specific legislation.
5. Furthermore, Community action may be taken where the Community provides services
(a) the collection of advances for services from unit owners;
(b) keeping the necessary records of payments made by unit owners for advance payments for services;
(c) the establishment of an account with the bank and the management of funds entrusted to the owners of the units in the form of advance payments for services;
(d) accounting for advance payments for services for individual owners of units;
(e) the operation of technical facilities in a house which also serves other bodies, with the obligation of persons entrusted with their service, to dispose with them, with the care of a proper trustee and under instructions approved by the assembly of unit owners.
6. The Community is entitled to negotiate a pledge contract with the unit, including the relevant joint ownership interest in the common parts of the house, to secure claims arising from a loan granted at the cost of the management of the house, with the agreement of the owner of the unit.
Community institutions
1. the Community institutions shall be:
(a) the assembly of the owners of the units in the house ("the assembly"),
(b) a Community Committee (hereinafter referred to as the Committee). If no committee is elected, the owner of the unit to which the assembly shall delegate the duties of the committee (hereinafter referred to as the "authorised owner ').
2. The Committee and the authorised owner shall elect and withdraw the Assembly. Only the owner of the unit in the house may be a member of the Committee or the authorised owner.
3. Community institutions shall vote in public. The Assembly may decide to hold a secret vote, in particular as regards the election of members of the Committee or of the authorised owner. A secret choice may be proposed by a committee or by the authorised owner, unless it is their first choice.
4. The term of office of the members of the Committee and the authorised owner shall be 2 years and shall begin on the date of their election. At its first meeting, the Committee shall elect a President and a Vice-President. The first meeting of the Committee shall be convened by its oldest member, who shall also manage its meetings until the President is elected.
5. Only persons over 18 may be elected as members of the Committee or authorised owner.
6. A member of the community may be elected only to one institution.
7. The members of the Committee and the authorised owner may be remunerated for the performance of their duties; its size shall be approved by the Assembly.
8. A notarial record to which approved Community statutes are attached must be drawn up at the meeting of the assembly to which the Community institutions are elected and approved or amended.
9. A member of the Committee and the authorised owner may be re-elected.
10. A member of the Committee and the authorised owner may be dismissed by the Assembly during the term of office if he or she seriously or repeatedly infringes the obligations arising out of the activity of the elected Community institution, or if he or she is unequivocally dormant for at least six months.
11. A member of the Committee and the authorised owner may resign during his term of office. The resignation shall be notified in writing by a member of the Committee to the Community institution of which he is a member. The withdrawal shall be effective from the date on which it was taken into account by the Committee. If the Committee fails to take note of the resignation within 30 days of the date of receipt of the member's notification of resignation, the member of his resignation shall cease his / her duties on the 30th day following receipt of the resignation notice. The authorised owner shall announce his resignation to the Assembly.
12. The Assembly shall make a new choice for a member of the Committee or the authorised owner who has resigned or has been withdrawn within 60 days of the termination of their duties.
13. The Assembly may decide to set up a Audit Committee. Paragraphs 2 to 7 and 9 to 12 shall apply to the establishment and election of members.
Assembly
1. The assembly is the highest body of the community.
2. The exclusive competence of the Assembly shall be to decide:
(a) matters which are the content of the declaration of the owner of the building pursuant to Article 4 of the Act;
(b) approval or amendment of the statutes;
(c) the conclusion of a pledge contract with units with the consent of the owners of the units;
(d) the change in the purpose of the use of the building, the change in the construction as well as the substantial changes to the common parts of the house;
(e) deciding on the amount of contributions from owners of units to the costs associated with the administration of the common parts of the house, or other, where applicable, where such contributions are collected from the owners' decisions;
(f) the setting of the remuneration of members of the Committee and the authorised owner.
3. The assembly shall be convened at least once in a calendar year by the committee or by the authorised owner; the assembly must also be convened at the initiative of the owners of the units having at least one quarter of the votes. If the committee or the authorised owner does not fulfil the obligation to convene a meeting, it may be convened by the owners of the units having at least one quarter of the votes. The elected member shall then head the meeting of this Assembly.
4. If the committee or the authorised owner is not elected, the assembly shall be convened by the owner whose co-ownership of the common parts of the house is at least one half, otherwise by the owners of the units which became members of the Community on the date of its establishment.
5. The assembly shall be convened by the members of the Community in writing at least 15 days before the assembly meeting. The invitation shall include the date and hour, place and agenda of the meeting of the Assembly. The invitation shall be accompanied by supporting documents on the most important points of the meeting of the Assembly or by information on where a member of the Community may become acquainted with such documents.
6. The meetings of the Assembly shall be organised and managed by the Chairman of the Committee or a member of the Committee to whom the Board has been entrusted or by the authorised owner. The documents for the meetings of the Assembly shall be prepared by the Committee or by the authorised owner.
7. The Assembly shall be capable of a quorum if the owners of the units with a majority of the votes are present; an absolute majority of the votes of the owners present are needed for the adoption of the resolution.
8. The size of the joint ownership shares of unit owners in the common parts of the house is decisive when voting; The co-owners of the unit shall have one vote. In the event of a tie, or if the necessary majority or agreement is not reached, the vote shall be re-voted after further clarification of the problem. If this revote results in an equality of votes, or if the necessary majority or agreement is not reached, the court shall decide on a proposal from any owner of the unit. If there is an important matter, the overvoted owner of the unit may ask the court to rule on it (Paragraph 11 (3) of the Act).
9. In order to adopt the resolution of the Assembly on matters which are the content of the declaration of the owner of the building referred to in point 2 (a), on approval or amendment of the statutes referred to in point 2 (b) and on the conclusion of pledge contracts with units with the agreement of the owners of the respective units referred to in point 2 (c), a three-quarter majority of the votes of the members of the units present shall be required.
10. In order to adopt a resolution on the change in the purpose of the use of the construction, on the change of the construction as well as on the substantial changes concerning the common parts of the house, the consent of all owners of the units is required.
11. If only three unit owners are members of the Community, the consent of all unit owners is needed to adopt the resolution.
12. Minutes shall be taken from the meetings of the Assembly, which shall include:
(a) the date and place of the assembly;
(b) the resolutions adopted,
(c) the results of the vote;
(d) the members' objections to the decisions of the Community which have requested their registration;
(e) the name of the joint owners of the unit who voted as joint member.
13. The annex to the minutes of the meetings of the Assembly shall consist of the supporting documents submitted for the points under consideration.
Committee
1. The Committee shall be a statutory and executive body of the Community. The Committee shall be at least three members.
2. The Committee shall elect a chairman and a deputy chairman from among its members.
3. The Chair of the Committee or the Committee shall act on the outside of the Committee in writing. Where a written form is required for legal action, the signature of the President and another member of the Committee shall be necessary.
4. The election of the members of the Committee shall require that the members of the teams with a majority of the votes are present at the meeting of the Assembly. A member of the Committee shall be elected if he votes for an absolute majority of the votes of all the owners. The size of the joint ownership shares of unit owners in the common parts of the house is decisive when voting.
5. The Committee shall decide, in so far as matters are not within the exclusive competence of the Assembly, or where decisions have not been made in certain matters. The Committee shall implement the resolutions of the Assembly and shall be responsible for its activities. The Committee shall meet as necessary but at least four times a year. The Committee shall be convened by its chairman or by a member of the Committee in writing.
6. If the Committee is not convened by the Chair within the agreed time limits, the Vice-President may do so. If the Vice-President is not elected, the meetings of the Committee may be convened by two other members.
The Committee shall in particular:
(a) act in matters of house administration which are not under the exclusive competence of the assembly or where the assembly has not reserved them;
(b) convene the Assembly, prepare the documents for its deliberations and manage and organise the meetings;
(c) decide on the amount of the advance payments for individual services and on the manner in which the remuneration for individual services is to be allocated to individual owners, unless the breakdown of payments for services is provided by a special legislation, such as rent from an apartment and payment for transactions provided with the use of an apartment;
(d) be responsible for keeping the accounts and drawing up the accounts and submitting them to the Assembly for approval;
(e) be responsible for keeping documents (keeping records of membership), records of the assembly, resolutions, etc.,
(f) negotiate agreements on the execution of works, the supply of services, checks their quality and pays for the supply of services carried out;
(g) shall take measures to ensure that the debts of the owners of the units are paid in respect of the expenditure related to the management, maintenance and repair of the common parts of the house or, where applicable, the house as a whole and the service advances;
(h) it has the right to invite the owners of the units to lodge an advance payment on their debts on the Community account, until the owner of the unit liable for the services has paid their debts, in order to avoid the insolvency of the Community and to ensure that the supply of services is not interrupted.
8. Minutes shall be taken from the Committee's deliberations, which shall include:
(a) the date and place of the meeting;
(b) the resolutions adopted,
(c) the results of the votes of the members of the Committee;
(d) the objections of the members of the Committee to the decision of the Committee who have requested their registration.
9. A member of the Committee shall be responsible for the damage caused by the breach of his legal obligation. Responsibilities shall be waived by a member of the Committee if he proves that he has not caused the damage. Responsibilities shall also be waived if the member of the committee has not agreed to the decision of the committee which has caused the damage to the community and has his or her disagreement recorded in the minutes of the committee's deliberations which took the decision.
Authorised owner
1. The authorised owner shall be the statutory body of the Community, unless the committee is elected. The entrusted owner shall carry out tasks within the scope of point 7 of Article IV.
2. The authorised owner may be the owner of the unit (s) chosen by the assembly; Article IV (4) shall apply mutatis mutandis to the validity of its election.
3. The signature of the authorised owner shall be sufficient for a written act.
4. The authorised owner shall be liable for any damage caused by the infringement of his legal obligation. Responsibility shall be waived by the authorised owner if he proves that he has not caused the damage.
Establishment of membership, registration of members of the Community
1. The members of the Community shall become natural and legal persons who have acquired ownership of the units in the house, either on the date of the formation of the Community or on the date of acquisition of ownership of the unit.
2. Membership of the Community shall be established and terminated at the same time as the transfer or transfer of ownership of the unit. The joint owners of the units shall be joint members of the Community.
3. The names of the members of the Community on its formation are set out in the Annex to these Statutes. The list of members shall be kept and kept up to date in the Community membership book.
Rights and obligations of a member of the Community
1. A member of the Community shall have the right in particular to:
(a) to participate in all Community activities;
(b) to participate in the decision-making process of the assembly,
(c) to choose and be elected to the Community institutions if they fulfil the conditions laid down;
(d) submit proposals to improve Community action;
(e) receive a bill for contributions to the expenditure related to house management and advances for services rendered on behalf of the Community;
(f) consult all documents relating to the Community's activities and request their cargo to obtain copies, copies or extracts of such documents.
2. A member of the Community shall in particular:
(a) comply with the statutes and the resolutions of the Community institutions;
(b) comply with the legislation, decisions of the Community institutions and the instructions of the manufacturer or the technical equipment manager when using common parts of the house, land and common facilities;
(c) without delay draw the attention of the Committee or the authorised owner to the defects arising from the common parts of the house, as well as to the conduct of other persons and other factors detrimental to the common parts of the house, and to the ability and ability to act against such damage, including action to prevent damage,
(d) to pay the specified allowances for house management expenses and the fixed allowances for the repair, reconstruction and modernisation of the house, in proportion to the size of the joint ownership interest in the common parts of the house, unless the written agreement of all owners of the units determines otherwise;
(e) to pay the advance payment provided for in respect of services and arrears resulting from billing;
(f) enable, at the prior invitation to enter the unit, persons responsible for checking, repairing and correcting the other units and the house as a whole;
(g) to remove from its cargo any defects or damage caused by the owner of the unit himself or by those using the unit on other units or common parts of the house, or by tenants or lodgers and members of their household;
(h) abstain from any action which interferes with the rights of other members of the Community and significantly restrict or prevent the exercise of their rights;
(i) allow the installation and maintenance of heat and water measuring equipment in the unit and allow the reading of the measured values;
(j) notify without undue delay the Committee or the authorised owner of the acquisition of ownership of the unit,
(k) to notify the Committee or the authorised owner of changes in the number of members of his household, household of the tenant or the lodger, within 30 days of the date on which the change took place.
3. Adjustments to change the appearance of the house may be made by a member of the Community only with the consent of all members of the community. Adjustments to change the internal layout of the house and at the same time the size of the joint ownership shares in the common parts of the house may only be made by a member of the Community under a construction contract concluded with all members of the community.
Termination of Community membership
1. Membership in the Community shall cease
(a) death of a member of the community - natural persons;
(b) transfer or transfer of ownership of the unit;
(c) the disappearance of a member of the community - legal persons,
(d) by the demise of a unit owned by a member of the community.
2. The joint membership of joint owners shall also cease if, as a result of the death or demise of the units, only one owner of the unit remains of the joint owners.
Reimbursement of house management costs and reimbursement of services
1. The contributions and advances referred to in Article VII (2) (d) and (e) shall be paid by members of the Community on a monthly basis in the amounts and dates fixed by the Assembly, on behalf of the Community, unless otherwise provided for by the Assembly.
2. The accounting of advances referred to in Article VII (2) (d) shall be decided once a year by the Assembly.
3. The outstanding balance on advances on house management, reconstruction and modernisation shall not be settled with individual members of the community and shall be transferred to the following year unless the Assembly decides otherwise.
4. Advances for the reimbursement of the services referred to in Article VII (2) (e) shall be charged once a year by the Committee or by the authorised owner no later than 90 days after the end of the accounting period provided for in the special legislation. The settlement of overpayments and arrears shall take place no later than 30 days after the settlement of the advances.
Community management
1. The Community shall manage the funds entrusted to the owners of the units, which the members of the Community shall lay down for the costs associated with the management of the common parts of the house and land and the advance payment for services.
2. The Community may, with the agreement of an absolute majority of all members of the Community, entrust another person (administrator) with the provision of the activity referred to in point 1.
3. The Community keeps accounts according to Act No. 563 / 1991 Coll., on Accounting, as amended.
4. Any profit from the management of the Community may be distributed among the members of the Community after the clearance of accounts by agreement of all the members of the Community; the profits shall be distributed according to the size of the joint ownership shares of the members of the Community in the common parts of the house and land. Tax matters shall be treated in accordance with specific legislation.
5. The members of the Community shall be liable for the commitments of the Community linked to the management of the Community in proportion to the size of the joint ownership shares in the common parts of the house.
Termination of the Community
The Community shall cease to exist in the event of the termination of the house and in the cases referred to in paragraphs 6 and 7 of Section 5 of the Act.
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Regulation Information
| Citation | Decree of the Government No. 322 / 2000 Coll. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.2000 |
|---|---|
| Effective from | 25.09.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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