By owning an apartment, you automatically become a co-owner of a common apartment building. So it’s up to vs what dm will look like and in what condition it will be. Therefore, it is good to know how the ownership is decided in the community and what you need to do to ensure that the community has a valid elected committee.
Mr. Ji owns a quiet apartment in one Ostrava panel. He is satisfied with the housing, no one knows him and the main horse could be reconstructed according to his ideas. He is aware that even on the bad, as he gave repairs will be done in the house, so all the meetings, more precisely, the collected property. Although they are usually quite stormy, but that’s probably the case when there is an apartment in the house 92 and it is necessary to agree on the revitalization of the house and its financing.
In November last year, a collective ownership took place, to which a new committee was added, because two current members resigned from their position. The invitation to the next meeting was also used for the bag, the selection was invalid. One of the reasons for the invalidity of the election is the fact that the elected members of the committee were not present at the meeting. In the meantime, the current chairwoman also resigned, so the community is owned without a committee.
When the committee choice is valid and when not
“I don’t understand at all, the choice was invalid for them and they didn’t say it right for them at the meeting,” wondered Mr. Ji. “In addition, I learned that until the new committee is validly elected, it will be decided by the administrator of the house, ie the company we pay for the first management of the house and for running the ethnicity,” he adds. “But I don’t like it at all for someone who doesn’t have anything in the house to decide,” says the owner of the apartment.
“Even the statutes of the specific community do not require that the elected candidates for the committee be present at the meeting,” said lawyer Pavel Nastis. Of course, the general principle of every choice is that a candidate must agree to his choice, no one can be elected to office against his will. “I believe that this candidate will be influenced by the elected candidate and the added one, the so-called implicit one, ie by taking up his position,” added the lawyer. The illness of the candidate alone should therefore definitely not be a reason for the invalidity of the election.
When voting, the owner decides
In this case, the problem is elsewhere. The highest body of the community is, of course, the collective owner. To put it simply, only the assembled property can decide on the election of the committee, changes to the statutes, repairs to the house, simply about all the things that concern the house. In order to be able to assemble at all, it must be present to the owners of units who have more than half of their votes.
But beware! In the case of property associations, the votes are not hidden according to the sweat of the people or the sweat of the apartment, the votes are hidden according to the size of the co-owners on the common sides of the house. Simplified, the owner of a typical room apartment has a “vt” voice, not the owner of the studio. And if more than half of most owners are not present at the meeting, the meeting is not resilient and basically cannot decide on it at all.
In addition, in the case of election of the committee, the consent of half of all votes must be reached, ie not only the votes of those present, but also the votes of all co-owners. “The consent of more than half of all owners was not reached on the specific collection of property, and therefore the choice is invalid,” the lawyer explained.
When the full function of the committee is founding members
And who will decide until the new election is valid? Here, too, it is necessary to follow the statutes. “It certainly does not follow from the statutes that in such a case the function of the committee should be performed by the administrator of the house,” said the lawyer.
If the members of the committee were not validly elected, then according to the statutes the function of the committee is performed only by the associations of unit owners, its co-ownership on the common walls of the house is more than half, otherwise members of the communities that became them on the day
In this particular house, however, there is no one who has more than half of the co-ownership on the common roofs of the house. “It means that the function of the committee is now fully performed by all founding members of the community,” said Nastis.
As he adds, the founding members are those who participated in the constitutional assembly of unit owners and at the time of this assembly were the owners of the unit’s flats in the concrete house. The list of these founding lines is a system file that verifies the course of the constitutive assembly.
- The form of living in flats in personal ownership is the only form of living regulated in a special law, namely in the Act on the ownership of flats. 72/1994 Sb.
- The basic first regulation for the activities of the communities are the statutes, usually approved at the founding meeting of the ownership of the community. However, the articles of association must be in accordance with the law and must be approved by a quarter of a fifth of the present property.
- You can state the apartment in your personal ownership, whatever to dispose of it, reconstruct it without the consent of other owners, sell it and rent it for rent, in case of heating you can put it in a mortgage. The apartment is also a bite of ddictv.
- Evening repairs in the apartment yourself, pay for yourself. What is to go in your ownership and what belongs to the common house, find out in the owner’s statement, what is the document stored in the real estate cadastre.
- In addition to owning the flats of the unit, you also become a co-owner of the common house and you are obliged to take care of the house.
- In the case of a privately owned apartment, I do not pay it, but you are obliged to contribute to the costs associated with the administration of the house and land. If the maturity of the contribution is legally determined by the committee, this power can be reserved by the joint owner, in which case it is decided by more than half of all owners.
- The highest body of the community is the collected property, according to the law it must take place at least once a year.
- You can also submit your own collection, you need the support of other owners so that the total number represents at least one quarter of all votes.
- In order for the assembly to be usable, more than half of most unit owners must be present.
- Votes are not asked according to the sweat of people or the sweat of the apartment, the votes are sweaty according to the size of the co-owners on the common walls of the house.
- In the case of election of the committee only, the consent of half of all votes is required, ie not only the votes of those present, but also the votes of all owners.
- In the event of a change in the articles of association, the consent of the three owners present at the meeting is required.
- When deciding on the modernization, reconstruction, construction rights and repairs of the common house, the consent of a quarter of most owners is required.
- Take part in the accumulated property in your own right, realize that it is a matter of running the whole house, and therefore of your pension.
Do you have a privately owned apartment?
The vote is over
they voted in
ter March 19, 2013. The poll was closed.