Law Amending And Supplementing The Law On Management Of Condominium

Original Language Title: Закон за изменение и допълнение на Закона за управление на етажната собственост

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15457/

Name of law Law amending and supplementing the law on management of condominium Named Bill a bill amending and supplementing the law on management of condominium acceptance date 17/03/2016 number/year Official Gazette 26/2016 Decree No 73

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on management of condominium, adopted by HLIIÌ National Assembly on 17 March 2016.

Issued in Sofia on 29 March 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

amending and supplementing the law on management of condominium (official SG. 6 of 2009; amend., SG. 15 of 2010 No. 8 and 57 by 2011, issue 82 by 2012, from 2013, 66 and no. 98 of 2014)

§ 1. In art. 6, al. 1 make the following amendments and additions:

1. In paragraph 5, after the words "not engaged" is added "repair," and after the word "it" is added "which lead to deterioration of project indicators of characteristics of construction products, changed/replaced and/or initial input and/or activities".

2. In paragraph 9, after the word "reconstruction" is a comma, the Union "and" shall be deleted and added "overhaul and basically".

3. In paragraph 12, after the word "reconstruction" is a comma, the Union "or" shall be deleted and added "overhaul or fundamental."

4. a new item 17:17. maintain the common parts of the building and its private object in a technical condition, corresponding to the essential requirements of art. 169, para. 1 of the spatial planning act; ".

5. Create is that 18 and 19:

"18. care for the safe operation of all facilities and installations in the building;

19. do not carry out activities in the common parts of the building, including the façade, which violate their integrity and architectural appearance, bearing capacity, the sustainability of the construction structure, fire safety or the safe use of the building; ".

6. Current item 17 becomes n. 20.

§ 2. In art. 7, para. 2, item 3, finally a comma and added, "as for the owner or operator shall indicate and e-mail notification, if it has one.

§ 3. In art. 11, para. 1 make the following amendments and additions:

1. In paragraph 8, the words "to report" shall be deleted.

2. In paragraph 10 (c), "before the word" renewal "is added" major repair and/or principal.

3. a new item 15:

"15. within the statutory time limits for drawing up technical passport shall adopt a decision to award the compilation of a technical passport for the existing buildings and approve the contract with the contractor, adoption of the report on the investigation and the assessments made of the technical characteristics and the accomplishment of the technical passport of the building;".

4. Current item 15 becomes p. 16.

§ 4. In art. 13 the following endorsements are added: 1. Al. 1, second sentence, after the word "time" is added "Paste" and creates a third sentence: "the general meeting can be scheduled to take place at the earliest on the eighth day after the date of entry of the invitation, and in urgent cases – not earlier than 24 hours after putting her."

2. in the Al. 2, 3 and 4 after the word "address" insert "in the country".

§ 5. In art. 15, para. 1, after the words "under art. 17, al. 2, item 1 – 4 "insert" and 7 ".

§ 6. In art. 16 is made the following changes and additions:

1. In paragraph 8. 5, the words "shall be entered in the Protocol" shall be replaced by ' Protocol contains "and after the word" constitute "insert" the number of the private entity, the manner in which persons have voted – "for", "against" or "abstain", their signature and a comma.

2. in the Al. 7 the third sentence shall be replaced by the following: "a copy of the minutes of the conduct of the General Assembly, endorsed with the words" true "and its attachments shall be supplied to the owners, users or occupants, and in the cases under art. 13, para. 2 shall be sent to the e-mail address indicated or in the country. ", and the fourth sentence:" where, in the cases under art. 13, para. 2 the person has not submitted any email or address in the country, to send copies of the minutes, it is considered to be notified with the message. "

§ 7. In art. 17, al. 2 make the following amendments and supplements: 1. In paragraph 5, the words "for update" are replaced by "major update".

2. In paragraph 6, the words "not less than 67" are replaced by "more than 50".

3. point 7 shall be:

' 7. for awarding powers or part of them to the Management Board (the Manager), and for the award of maintenance of the common parts of the building of legal or natural persons who are not owners – with the majority more than 67 percent common parts from the common areas of the condominium. "

§ 8. In art. 19, para. 8 the number "50" is replaced by "67", after the words "natural persons" shall be inserted "or of legal persons", the second sentence shall be replaced by the following: "the agreement is hereby approved with resolution of the general meeting taken by a majority of more than 67 percent common parts from the common areas of the condominium, and is concluded by a person authorized by the General Assembly for a period of up to two years." , and the third and fourth sentences: "a contract concluded for a longer period, it is deemed to be concluded for two years, and a clause providing for automatic renewal of the contract or its conversion into open ended, is considered invalid. The term of the contract the selected natural or legal person has the rights, obligations and responsibility of the Governing Council (the Manager) under this law. "

§ 9. In art. 21 establishes al. 4: "(4) in the emergent condominium Board of Directors selection (Manager) takes place within 6 months from the introduction of the building into operation."

§ 10. In art. 23 the following amendments and supplements: 1. Al. 1:

a) a new item 12:

12. at the request of the owners issued a document for the presence or absence of obligations to condominiums; "

(b) the current item 12) becomes recital 13.

2. in the Al. 2 the first sentence shall be replaced by the following: "the Governing Council (the Manager) is reported annually and at the end of his mandate with a report to the General Assembly."

§ 11. In art. 25 the following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "repair and renewal" are replaced by "major repair and/or principal update".

2. in the Al. 4 after the word "building" or "is inserted for a couple of buildings in condominium, which are executed in a related construction" and the word "everywhere (entrances)" is replaced by "(entrances or buildings)".

3. in the Al. 6 Add "and the law on statistics".

§ 12. In art. 27, al. 6 the words "duplicate" shall be replaced by "one copy".

§ 13. In art. 29, para. 2, item 2 and 3 after the word "certified" is added "culminating in an inscription" true ".

§ 14. In art. 30 is made the following changes and additions:

1. In paragraph 8. 1, after the word "owner" a comma and add "as for the obligations to the Association, become payable prior to the change of ownership, meets the old owner, unless in the change of ownership does not otherwise agreed".

2. in the Al. 2 the words "means of renewal" are replaced by "funds for major repairs and/or principal update".

§ 15. In art. 33, para. 2 make the following amendments and supplements: 1. In paragraph 5, the words "for update" are replaced by "major update".

2. In paragraph 6, the words "not less than 67" are replaced by "more than 50".

3. point 7 shall be:

"7. for the award or any part of them, the powers of the Board (the Manager), and for the award of maintenance of the common parts of the building, the legal or natural persons who are not owners – with the majority more than 67 per cent of the common parts of the Association."

§ 16. In art. 34 following amendments and supplements shall be made:

1. In paragraph 8. 2:

a) a new item 9:

9. at the request of the owners issued a document for the presence or absence of obligations to the Association. "

(b) the current item 9) becomes recital 10.

2. in the Al. 10 the number "50" is replaced by "67", after the words "natural persons" shall be inserted "or of legal persons", the second sentence shall be replaced by the following: "the agreement is hereby approved with resolution of the general meeting of the Association, taken by a majority of more than 67 percent of the common parts of the Association, and shall be concluded by the authorized by the General Assembly of the Association a person for up to two years." , and creates the third sentence: "the term of the contract the selected natural or legal person has the rights, obligations and responsibility of the Governing Council (the Manager) under this law."

§ 17. In art. 40, para. 2 the word "disclosure" is replaced by "receipt".

§ 18. In art. 43, para. 2 the word "disclosure" is replaced by "receipt".

§ 19. The title of chapter III shall be replaced by the following: "registration and notification mode. Control ".

§ 20. In art. 44, para. 3, after the word "names" a comma and add "email".

§ 21. In art. 46 (b) after the word "names" is added "email" and a comma and the words "and address" shall be replaced by "address in the country and a copy of the Protocol for the selection of a Management Board (ceo), certified with the laying of the words" true "and its annexes".

§ 22. The title of chapter IV shall be replaced by the following: "maintenance, repair and renovation of public areas".

§ 23. In art. 48, para. 1, 3 and 4, the word "renewal" is replaced by "renewal" basically.

§ 24. In art. 49 following amendments and supplements shall be made: 1. In para. 4 the first sentence shall be replaced by the following: "the Mayor of the municipality or region empowered by him or an official shall check and issue an order within one month of notification under paragraph 1. 3, which obliges owners to carry out repairs within a specified period of time under para. 1, but no later than three months. "


2. in the Al. 5 the first sentence, add "within three months of the expiry of the period for repair under para. 4. "

§ 25. In art. 51, para. 1 Add "and members of their households regardless of the living".

§ 26. In art. 52 al. 3 is repealed.

§ 27. In chapter four creating art. 54A:

"Providing access

Art. 54. (1) upon decision of a general meeting of owners and/or Association of owners to carry out the activities under art. 6, al. 1, item 12 and refusal of access by the owner to the him a private object the Mayor of the municipality or region empowered by him or an official shall check and issue an order, with which obliges the owner to provide the required access. The order is communicated to the owner and the Chairman of the Management Board (the Manager) and can be appealed to the Administrative Court of the location of the condominium.

(2) the order under paragraph 1. be issued within 1 month after the request by the President of the Governing Council (Governor), accompanied by finding for the uninsured access composed of Governing Council (Governor) and two owners.

(3) the enforcement of the order under paragraph 1. 1 shall take place in accordance with the administrative code.

§ 28. In art. 56 Al are created. 4 and 5:

"(4) the Chairman of the Management Board (ceo), who fails to fulfil its obligations under art. 49, al. 1-3, is punishable by a fine of 500 to 1000 EUR

(5) where a natural person or legal person to whom powers have been assigned to the Board of Directors (Manager) by the order of art. 19, para. 8 and art. 34, para. 10, violates or fails to comply with the obligations that it has under this Act by a Management Board (ceo), if the do not constitute an offence, is punishable by a fine of 800 to 1500 EUR – for an individual, or with a proprietary sanction from 1000 to 2000 BGN. – legal person. "

§ 29. In art. 56 and following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) for the failure of art. 49, para. 4 or 5 the Mayor of the municipality or region is punished with a fine of 300 to 700 LV. "

§ 30. In art. 57 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the word "users" insert "(a) a refusal on the part of the Manager, the Protocol shall be drawn up by the three owners and/or users," and after the word "date" shall be added "or" period and place.

2. in the Al. 2, after the word "(the Manager)" there shall be added "or the Supervisory Board" and the words "monitor and the two owners and/or users" shall be replaced by ' three owners and/or users.

3. in the Al. 3, first sentence, after the word "(the Manager)" there shall be added "or one of the owners involved in drawing it up."

§ 31. In § 1 of the supplementary provision the following amendments and additions:

1. point 10 shall be replaced by the following: "10." Mainly refresh "is basically" Refresh "in the sense of the spatial planning act."

2. In paragraph 12, before the word "renewal" is added "basically".

3. Set up item 17 and 18:

"17." country "is referred to by the owner, tenant or occupant address for correspondence in the Republic of Bulgaria, of which the owner, the operator or the occupant wishes to receive messages. Address in the country may be different from the current or permanent address.

18. "overhaul" is a "major renovation" within the meaning of the law on the territory. "

The law was passed by the National Assembly-43 on 17 March 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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