Decree No. 371 / 2004 Coll.
Government regulations issuing model statutes for unit owners' communities
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Regulation
Effective from 01.07.2004
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371
GOVERNMENT REGULATION
of 19 May 2004
issuing model statutes for the community of owners of units
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.:
(1) Pending the approval of the articles of association of unit owners (hereinafter referred to as "the Community") or pending the entry into force of the approved articles of association, the legal situation of the Community shall be governed by the Community model statutes set out in the Annex to this Regulation.
(2) If the statutes of the Community, approved by its Assembly, do not contain one of the elements referred to in Section 9 (14) of the Housing Act, the legal situation of the Community in these matters shall be governed by the relevant provisions of the model statutes set out in the Annex to this Regulation.
Decree of the Government No. 322 / 2000 Coll., which issue model statutes of the community of owners of units under the Housing Act, is hereby repealed.
This Regulation shall enter into force on 1 July 2004.
Prime Minister:
PhDr. Špidla v. r.
Minister for Local Development:
JUDr.
Annex to Government Regulation No 371 / 2004 Coll.
Model statutes of the unit owners' community
GENERAL PROVISIONS
Basic provisions
(1) The Community of Owners of Units (hereinafter referred to as "the Community") is a legal person created by 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 the ownership of flats), as amended by Act No. 273 / 1994 Coll., Act No. 451 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 437 / 2003 Coll., Act No. 171 / 2005 Coll., and Act No. 179 / 2005 Coll.
(2) Community members are owners of flats and non-residential premises in the house ("unit"), joint members of the community are joint owners of units, under the conditions laid down in the Housing Act ("Community Member").
(3) The Community, as a legal person, shall be capable of exercising rights and obligations only in matters relating to the administration, operation and repair of the common parts of the house (hereinafter referred to as "the administration of the house ') and the land and in other matters, to the extent and in the manner set out in the Housing Act and these Statutes.
Name and registered office of the Community
(1) The name of the community is the words "Community for the house" together with the name of the house for which the community was established.
(2) The seat of the Community shall be determined by the address where the Communities are based and where the public may meet the community.
SUBJECT MATTER OF COMMUNITY ACTIVITIES
House management and other activities
(1) House management means provision
(a) the operation of the house and the land;
(b) maintenance and repair of common parts of the house;
(c) fire protection of the house, including lightning pipes;
(d) revisions and repairs of the common parts of the technical networks, distribution of electricity, gas, water and waste water, heat and hot water including radiators, air-conditioning, lifts, reception facilities for television and radio signals and electrical communication equipment in the house and other technical equipment according to the equipment of the house;
(e) revisions and repairs of the home boiler room or exchange station to the extent and in a way appropriate to the actual equipment of the house;
(f) chimney inspection and cleaning,
(g) administrative and operational technical activities linked to the management of the house, including the management of the relevant technical and operational documentation of the house;
(h) management of units which are jointly owned by all members of the Community;
(i) other activities which result for the Community from the legislation and technical procedures associated with the administration of the house.
(2) Within the scope of its activities, the Community may negotiate contracts, in particular:
(a) ensuring the supply of services related to the use of units, not for services the supply of which is provided directly by Community members to the supplier;
(b) house insurance,
(c) renting of common parts of the house,
(d) the hiring of units which are jointly owned by all members of the Community.
(3) The Community shall also monitor the performance of contracts concluded by it pursuant to paragraphs 1 and 2 and the application by suppliers of claims for breach of contractual obligations.
(4) In carrying out the tasks under the Housing Act and these Statutes, the Community shall in addition ensure in particular the following activities related to the management of the house and land:
(a) the collection of pre-determined funds from Community members for the costs of house and land management (hereinafter referred to as "house and land management contributions") and, where appropriate, other contributions to the activities referred to in Article IV;
(b) keeping a record of payments made by members of the Community under point (a);
(c) keeping records of costs relating to houses and land and the activities of the Community;
(d) the establishment of an account with the bank and the management of funds;
(e) keeping accounts in accordance with specific legislation;
(f) keeping a list of members of the Community.
(5) The Community shall ensure, either directly or on the basis of contracts concluded by the Community with suppliers, the performance associated with the use of units and common parts of the house (hereinafter referred to as "services'), such as the supply of heat and hot commercial water, electricity, water supply and waste water disposal, cleaning of common areas, the use of lifts, television and radio reception facilities. Within the framework of this activity, the Community shall, in particular:
(a) the collection of compensation for services provided by the Community;
(b) the way in which the prices of services are to be broken down by individual members of the Community, unless the breakdown of the prices of services is provided by a special law or decision of the price authority, and the accounting of advances received by individual members of the Community;
(c) keeping the necessary records relating to the provision of services and their reimbursement, including billing.
(6) The Community shall provide activities related to the operation of the common parts of the house, in particular technical installations serving natural or legal persons other than Community members, including the conclusion of associated contracts.
(7) Furthermore, in the context of activities carried out within the scope of the Community Housing Act, it provides in particular:
(a) the timely enforcement of the obligations imposed on members of the Community to do so by the competent Community authority;
(b) proper management of its property and of the funds provided by the owners of the units;
(c) the fulfilment of other obligations relating to the subject matter of the Community's activities under specific legislation.
Changes to common parts of the house
The Community shall, with the agreement of all members of the Community, provide for changes in the purpose of the use of the construction and the change of the construction, unless otherwise specified. Construction works consisting of the modernisation, reconstruction and repair of the common parts of the house, which do not alter 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, shall be provided by the Community with the agreement of at least a quarter of the majority of all members of the Community.
Provision of house management and other activities under contract with the administrator
(1) In accordance with the declaration by the owner of the building about the person responsible for the management of the house (hereinafter referred to as "the administrator"), or in accordance with the resolution by the assembly of owners of units (hereinafter referred to as "the assembly") concerning the provisions of the administrator, the Community may provide operational, technical, administrative and similar activities related to the management of the house and the land and other activities, or any of those activities, by contract with the AIFM, which may be a natural or legal person.
(2) The contract with the administrator shall contain:
(a) the definition of the activities to be carried out by the AIFM;
(b) determining how the management of house and land management contributions and the funds provided to cover services, including their records;
(c) an obligation on the AIFM to submit contracts concluded by it or to amend them in advance for the approval of the Community institution responsible under these Statutes, where the AIFM has been authorised by the Community to conclude them;
(d) the obligation of the AIFM to submit to the Assembly once a year a report on the activities of the AIFM, in particular on the financial management, the state of the funds of each owner of the unit and the state of the common parts of the house, as well as other relevant facts;
(e) the obligation of the administrator to report to the Assembly on his or her activities before the end of his or her activity and to forward to the Committee or the authorised owner any written material relating to the administration of the house and his or her activity;
(f) other formalities laid down by the Assembly.
(3) Changes in the person of the AIFM or changes in the content of the contract with the AIFM shall be approved by the Assembly.
(4) The conclusion of a contract with the administrator referred to in paragraphs 1 to 3 shall not affect the exclusive decision-making powers of the Community institutions under the Housing Act and these Statutes.
COMMUNITY INSTITUTIONS
Common provisions
(1) The Community institutions are:
(a) the assembly,
(b) a Community committee (hereinafter referred to as the Committee) or a member of the Community responsible for the function of the Committee (hereinafter referred to as the authorised owner), unless elected by the Committee,
(c) the inspection committee or the auditor, if the assembly so decides.
(2) The authorities referred to in paragraph 1 (b) and (c) are the elected authorities of the Community. Only a natural person who is a member or a common member of that Community or an authorised representative of a legal person - a member of the Community, may be a member of a elected Community institution or an elected body of that Community, shall be eligible for legal action on the date of the election.
(3) At the same time, a member of an elected Community institution cannot be one whose relative in a series of direct, sibling or spouse is a member of an elected Community institution. Membership in one elected Community body shall be incompatible with membership in another elected Community body.
(4) The obligation to perform an elected function in a Community institution shall be a liability of a personal nature and a member of the elected Community body may not be represented in the performance of his duties.
(5) The term of office of the members of the elected bodies of the Communities shall be five years; begin with the date of election and end with the expiry of the term of office. Membership of the elected body shall also end with resignation, revocation or termination of Community membership.
(6) A member of the elected Community institution may be re-elected.
(7) A member of the elected Community institution may be removed from office by the Assembly before the expiry of his term of office.
(8) A member of the elected Community institution may resign before the expiry of his term of office. The withdrawal shall be notified in writing to the Community institution of which it is a member. His duties shall end on the date on which that institution has discussed the withdrawal at its meeting, but no later than 30 days after the date of receipt of the notification of withdrawal. The authorised owner shall notify the assembly in writing of his resignation. The effects of his resignation shall take place on the day following the next meeting of the Assembly, but no later than 60 days after the date of receipt of the notification of resignation.
(9) The Assembly may elect alternates of the members of the elected bodies of the Communities in a number equal to or less than the number of elected members of the institution, together with their ranking. The alternate shall take the seat of a member of the institution whose duties have ceased before the expiry of the term of office. The provisions of paragraphs 3 and 4 shall apply mutatis mutandis to alternate members. The provisions on alternates of the members of the elected authorities shall not apply to the authorised owner.
(10) The Community institutions vote in public. The Assembly may, by an absolute majority of the members present, decide to vote on a matter by secret ballot. In that case, it shall at the same time lay down the procedure for secret voting.
(11) If the assembly does not agree to the choice of the Community institutions or if they are not elected, they shall be held by a member of the Community whose joint ownership of the common parts of the house shall be at least one half, otherwise members of the Community who have become such members on the date of its establishment. The same shall apply if the statutory authority is unable to perform its duties on the grounds that the number of members of the Committee has fallen below 3 members or if the owner is not in charge.
Assembly
(1) The highest body of the Community is the assembly of members of the Community.
(2) The Assembly shall elect and withdraw members of the Committee or the authorised owner; elect and withdraw members of the Audit Board or of the auditor, if they decide to establish them.
(3) The exclusive competence of the Assembly is to decide on:
(a) changes in matters which are the content of the declaration of the owner of the building pursuant to Article 4 of the Housing Act;
(b) approval or amendment of the statutes;
(c) the conclusion of a pledge contract with the consent of a member of the Community who is its owner to secure claims arising from a loan granted at the cost of house administration;
(d) a change in the purpose of the use of the building, a change in the construction as well as in the modernisation, reconstruction, modifications and repairs of the common parts of the house;
(e) clearance of accounts, submitted by the Committee or by the authorised owner, together with a report on the management of the Community and the administration of the house; where the management of the house and its related activities are carried out by the AIFM in accordance with Article V, the AIFM shall also submit the report to the extent and in the manner specified in the contract;
(f) the amount of the contributions of the members of the Community to the management of the house and land and, where appropriate, the amount and manner of payment of additional contributions to the activities referred to in Article IV;
(g) the amount of the advance payment for services, where the decision-making in this case is not entrusted to the Committee or to the authorised owner by a resolution of the Assembly;
(h) the manner in which the prices of services are to be allocated to individual members of the Community, unless it is provided for by a specific law or decision of the price authority;
(i) the enforcement of the obligations imposed on members of the Communities by the competent Community authority under the Housing Act and under these Statutes, provided that they do not delegate that activity to the Committee or the entrusted owner;
(j) a change in the person of the AIFM or a change in the content of the contract with the AIFM;
(k) the acquisition of immovable property, apartments or non-residential premises for purposes which are the subject of Community activities under the Housing Law, the property disposition of such items (transfer, donation, encumbrance of other persons's rights, liability of such items, etc.); The same applies to other rights and other property values, as well as to movable goods, if their purchase price is higher than the amount determined by the order of the assembly, otherwise an amount greater than CZK 50,000 per case,
(l) determination of the remuneration of members of the Committee or of the authorised owner;
(m) distribution of any profit from the Community's economy;
(n) rules for the use of common parts of the house;
(o) the approval of the Community budget,
(p) other Community matters, where provided for in the Housing Act, or the Assembly reserves them to decide.
(4) The Assembly shall meet at least once a year. They shall be convened by the committee or by the authorised owner. If the committee or the authorised owner is not elected, the assembly shall be convened by the person who acts as Community institutions. The convener shall also prepare the documents for the meeting of the Assembly.
(5) The Assembly shall also be convened if it so requests, with the draft agenda being indicated, by at least a number of members of the Community who have at least one quarter of all votes within 30 days of the receipt of the request.
(6) If the convener referred to in paragraph 4 fails to fulfil the obligation to convene the assembly referred to in paragraph 4 or 5, the assembly shall be entitled to convene members of the community whose number of votes shall be at least one quarter of all votes.
(7) The assembly shall be convened by a written invitation which shall be delivered to all members of the community and at the same time shall be posted in the house on the community's home statement.
(8) The written invitation shall be delivered and at the same time posted at least 15 days before the date of the assembly. The invitation shall indicate in particular the date, hour, venue and agenda of the meeting. In addition, the invitation shall specify where Community members may familiarise themselves with the supporting documents for the most important points of the meeting, unless such supporting documents are attached to the invitation.
(9) The meetings of the Assembly shall be managed by the chairman (Vice-President) of the Committee or by a designated member of the Committee or by the authorised owner; in the case of a meeting, the second sentence of paragraph 4 or paragraph 6, the meeting shall be chaired by a member of the Community authorised by that convened.
(10) The Assembly shall be capable of a quorum if members of the community who have the majority are present. An absolute majority of the members of the Community present shall be required for the adoption of the resolution, unless otherwise provided in the law or the statutes.
(11) The size of the joint ownership of members of the community in the common parts of the house is decisive when voting; members of the community who are joint owners of the unit shall have one vote together.
(12) In the event of a tie, or if the necessary majority or agreement is not reached, the court shall decide on a proposal from any member of the community. If there is an important matter, the overvoted member of the Community may ask the court to rule on it. The right must be exercised in court within 6 months of the date of the decision, otherwise the right shall cease.
(13) A three-quarter majority of the members of the Community present shall be required to adopt a resolution on:
(a) approval or amendment of the statutes;
(b) a change in the declaration of the owner of the building pursuant to Section 4 of the Housing Act;
(c) the conclusion of a pledge contract with units referred to in paragraph 3 (c);
(d) how the price of services is to be broken down into individual owners;
(e) distribution of profit from the Community's economy.
(14) In order to adopt a resolution on a change in the purpose of the use of the construction and a change in the construction, the consent of all members of the Community shall be required, unless otherwise specified. In the case of construction works consisting of modernisation, reconstruction and repairs of common parts of the house, which do not alter the interior layout of the house and at the same time the size of the joint ownership shares in the common parts of the house, the consent of at least a quarter of the majority of all members of the Community is sufficient.
(15) The election of members of the Committee or the authorised owner shall require the consent of an absolute majority of all members of the Community.
(16) If only 3 members are a community, the approval of all members of the community is always required for the adoption of a resolution by the Assembly.
(17) Minutes shall be taken of the meetings of the assembly, the appointment of which shall be the responsibility of the convened party. The minutes shall contain the necessary data demonstrating the capacity of the assembly to act and to quorum, as well as data on the conduct of the negotiations, the full text of the resolutions adopted and the results of the elections, where elections have been held. The annex to the minutes shall consist in particular of the documents present with their signatures and the supporting documents submitted for each item under consideration.
(18) The minutes shall be signed by the President and the stenographer. Minutes, including written documents for the meeting, shall be kept with the Chairman of the Committee or the authorised owner.
(19) The provisions of paragraphs 17 and 18 shall apply mutatis mutandis to the minutes of the deliberations of the Committee and the Audit Committee.
Committee
(1) The Committee is the executive body of the Community. It directs and organises the normal activities of the Community and decides on matters relating to the administration of the House and the subject matter of the Community's activities, with the exception of those which, under the Housing Act and these Statutes, are within the exclusive competence of the Assembly, or are reserved for a decision by the Assembly.
(2) The Committee is the statutory body of the Community. The Board shall be responsible for its activities. The chairman shall act externally on behalf of the Committee. In the absence of the President, the Vice-President shall represent him. Where a written act is taken by a committee, it shall be signed by or on behalf of the chairman by the Vice-President and by another member of the committee. If the President signs with the Vice-President, the signature of the Vice-President shall be deemed to be the signature of another member of the Committee.
(3) The members of the Committee shall be elected and removed by the Assembly. The Committee shall elect the President and the Vice-President from among its members and remove them from office.
(4) The Chairman of the Committee shall organise, convene and manage the activities of the Committee, organise the normal activities of the Community.
(5) The Committee shall hold its meetings as necessary but at least once a quarter.
(6) The Committee shall be at least three members. Each member of the Committee shall have one vote.
(7) The Committee shall be able to vote if an absolute majority of its members are present. An absolute majority of the members of the committee present shall be required to adopt the resolution. If a member of the Committee so requests, his disagreement with the resolution adopted shall be expressly entered in the minutes and, where appropriate, the reasons for the disagreement.
(8) The liability of a member of the Committee for the damage caused by the breach of legal obligation in the performance of his duties shall be governed by the provisions of the Civil Code.
(9) The Committee as a Community executive body in particular:
(a) ensure Community matters concerning the management of houses and land and other activities of the Community under the Housing Act and these Statutes, in so far as matters falling within the competence of the Assembly are not concerned; ensure compliance with the Assembly resolution and be accountable for its activities;
(b) decide to conclude contracts in respect of the subject matter of the Community's activities, in particular to ensure repairs, house insurance and supply of services related to the use of the units;
(c) be responsible for keeping the accounts and drawing up the accounts and submitting the tax returns, where that obligation results from legislation;
(d) prepare the documents for the meetings of the Assembly, convene the Assembly, submit a report on the management of the Community, a report on the management of the home and the land and on other activities of the Community, containing in particular basic data on the corrections made and planned, maintenance and mandatory revisions, including information on the use and status of the house and land management contributions;
(e) submit for consideration and approval the accounts and the written documents to be discussed by the Assembly;
(f) ensure proper keeping of Community documents;
(g) communicate to each member of the Community, according to the resolution of the Assembly, the amount of the contributions to the costs of house and land management and the amount of the advances for service,
(h) ensure that advance payments are charged for services and settlement of arrears or overpayments;
(i) ensure the timely execution of Community obligations arising from contracts and other obligations and obligations towards third parties and the timely application of Community claims.
(10) In particular, the Committee as a statutory body of the Community
(a) in accordance with the Housing Act, these Statutes and the resolutions of the Assembly, they shall act on behalf of the Community on an external basis in respect of the subject matter of the activity, in particular also conclude contracts;
(b) ensure control of the quality of supplies, services and other transactions under concluded contracts and take the necessary legal or other measures against suppliers to remedy the deficiencies identified or to compensate for the damage suffered;
(c) enforce, on behalf of the Community, the obligations imposed on members of the Community;
(d) comply with the obligations under the Housing Act in relation to the Community register maintained by the competent court designated by the special regulation for the management of the Commercial Register.
Authorised owner
(1) The entrusted owner shall act as the executive and statutory body of the Community.
(2) The authorised owner shall act and sign on behalf of the Community.
(3) The authorised owner shall be elected by the Assembly in the same way as the Committee.
(4) The entrusted owner shall exercise the powers and carry out the tasks to the extent that it otherwise falls within the competence of the Housing Act and these Statutes of the Committee.
(5) The authorised owner is responsible for the breach of his duties as a member of the Committee.
Audit commission, auditor
(1) The Audit Board shall be a Community inspection body which is competent to monitor the activities of the Community and to discuss complaints from its members about the activities of the Community or its institutions. The Audit Board or its authorised member shall be entitled to consult the accounting and other Community documents and to require the Committee or the authorised owner to provide the necessary information for his or her control activities. The Audit Committee shall only be responsible for the assembly and shall be independent of the other Community institutions.
(2) The Audit Board shall be at least three members and shall be elected by the Assembly in the same way as the Committee is elected. The Supervisory Board shall elect its chairman from among its members, who shall convene and manage the meetings of the Board.
(3) In particular, within its scope, the Audit Commission
(a) checks that the Community and its authorities operate in accordance with the Housing Act and with these Statutes;
(b) express its views on the proper accounts of the Community and on the report of the committee to be discussed at the meeting of the Assembly;
(c) report to the Assembly on the results of its inspection activities;
(d) may report to the Committee or to the authorised owner any deficiencies identified in its control activities, including proposals for measures, including deadlines for their removal;
(e) participate in the Committee's deliberations through its representative.
(4) The provisions of paragraphs 1 to 3 shall apply where the Assembly decides to set up a monitoring committee [Article VI (1) (c)]. In a community with a number of members of less than 10, the Assembly may decide to elect a auditor instead of a monitoring committee. The Revizor shall have the responsibility of the Audit Committee.
Negotiation of other persons on behalf of the Community
(1) The Assembly may decide to carry out certain activities for the Community on the basis of a contract of employment, an agreement on work or an agreement on work.
(2) The classification and definition of the legal acts which the staff member is entitled to take as a community in the context of the employment relationship referred to in paragraph 1 must be approved by the Assembly.
(3) The contract negotiated in accordance with paragraph 1 must contain a precise definition of the staff member's capacity to act as a community.
(4) The competence referred to in paragraphs 1 and 2, or part thereof, may be delegated by its resolution to the Committee or to the authorised owner.
Specific decision-making in the Community
In cases where the consent of all members of the Community is needed under the Housing Act (Sections 11 (5) and 13 (3)), this consent may also be expressed by individual members of the Community outside the meeting of the Assembly in writing on one or more documents containing a designation of the matter on which the consent is issued, the date and signatures of the members of the Communities.
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Regulation Information
| Citation | Government Regulation No 371 / 2004 Coll. |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.06.2004 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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