Name of law Law amending and supplementing the law on management of condominium Named Bill WALL of law for condominium management date adopted 13/07/2011 number/year 2011 Official Gazette Decree No 57/180
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 the National Assembly of the HLI 13 July 2011.
Issued in Sofia on 20 July 2011.
The President of the Republic: Georgi Parvanov
Stamped with the State seal.
Minister of Justice: Margarita Popova
LAW
amending and supplementing the law on management of condominium (official SG. 6 of 2009; amend., SG. 15 of 2010 and 8/2011)
§ 1. In art. 1, after the word "owners" a comma and add "users".
§ 2. In art. 2, al. 2, after the words "fits" is added "by the investor in the registry Agency.
§ 3. In art. 3 the words "art. 42, 43 and 44 "are replaced by" article. 30, para. 3, art. 31, para. 1 and art. 32. "
§ 4. In chapter one in the title of section II, after the word "owners" a comma and add "users".
§ 5. In art. 5 make the following amendments and additions:
1. in the title, after the word "owners" a comma and add "users".
2. Create a new para. 2 and al. 3:
, (2) Users in a condominium are entitled under para. 1, item 1 and participate in the management of condominiums, with the exception of decision-making under art. 11, para. 1, item 7 and item 10, the letters "a", "b", "c", "d", "g" and "l", unless otherwise agreed between the owner and the user.
(3) where a between the owner and the user has not otherwise agreed and there is disagreement between them, the owner participates in the vote. "
3. The current paragraph. 2 it al. 4.
§ 6. In art. 6 make the following amendments and additions:
1. in the title, after the word "owners" a comma and add "users".
2. in the Al. 1:
a) in paragraphs 1 and 4, after the word "owners" a comma and add "users";
(b) points 9 and 10) are hereby amended:
9. pay the cost of repair, refurbishment, reconstruction and renovation of the common parts of the building, installation or replacement of common equipment and contributions allocated to fund the repair and renewal ", commensurate with the common parts;
10. pay the costs for the management and maintenance of the common parts of the building; "
in section 12) shall be amended as follows:
12. provide access to your private object or part thereof for carrying out the necessary investigation, measurement, design, construction and installation works relating to maintenance, repair, alteration, reconstruction or renovation of the common parts or other premises and for checking the condition of the installations and of the structural elements of the building; "
(d) in paragraph 16), the words "the book of the owners" are replaced by "the book of the condominium."
3. a new paragraph. 2:
"(2) the users of the individual objects in a condominium shall have the obligations under para. 1, with the exception of those referred to in para. 1, item 9, unless otherwise agreed between the owner and the user. "
4. The current paragraph. 2 it al. 3 and in her words "item 5 and 9 ' shall be replaced by" para. 1, item 9.
§ 7. In art. 7 make the following amendments and additions:
1. in the title, the word "owners" is replaced by "condominium".
2. in the Al. 1 the word "owners" is replaced by "condominium", and the word "water" is replaced by "create, store, and maintain".
3. Paragraph 2 shall be replaced by the following:
"(2) in the book shall be entered:
1. the private object – and built up area;
2. the ideal parts of the object of the common parts of the building (in percent);
3. first, middle and last name of the owner or the user – for individuals and in cases in which the owner or user is a legal person or sole proprietor – the name, TAX ID or unified identification code (UIC);
4. first, middle and last name of the household members who live together with the owner and/or operator;
5. the time during which the persons referred to in paragraph 3 and 4 do not use the standalone site;
6. first, middle and last name of the dwellers, temporarily residing in an object of the self legal basis more than 30 days, the date of registration and the date of derecognition;
7. agreed between the owner and the user rights and obligations concerning the management of the common parts of the building. "
4. Paragraph 3 shall be amended as follows:
"(3) every owner or keeper is required within 15 days of acquisition of ownership or use to inscribe in the condominium the data referred to in para. 2 the change of circumstances, respectively. The occupant entered in the period referred to in the first sentence the data referred to in para. 2, item 6. "
5. in the Al. 4 after the word "food" is added "subject to the requirements of the data protection act".
6. Paragraph 5 shall be repealed.
7. Paragraphs 6 and 7 are amended:
"(6) in a separate section of the field book of each condominium owner, user or occupant entered the voting or for breeding animals that appear in public places, and for dogs – and the number of the Passport vetirinarnomedicinskiâ.
(7) the model of the book of the condominium with instructions on creating, storing and maintaining her shall be approved by the Minister of regional development and public works. "
§ 8. In art. 8, al. 1, after the word "owners" a comma and add "users".
§ 9. In art. 9 the Union "or" is replaced by "and/or".
§ 10. In art. 11 the following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) point 6 shall be repealed;
(b)) in item 10:
AA) in (c), the words "which shall be entered in a public register" shall be deleted;
BB) in the letter "e" after the word "owner" a comma and add "user";
BB) point (g) shall be replaced by the following:
"(g)), where this is provided for in the regulations in connection with water supply, electricity supply, gas-supply, heat-supply, sanitary-hygiene standards and the provision of other services;"
yy) letter "k" is repealed;
DD) are letters "l" and "m":
"l) accession of the building to the warmth and gazosnabditelnata network and for the termination of the heat-supply and gas supply in a condominium;
m) other matters relating to the management of the common parts; "
in section 12) shall be amended as follows:
12. may adopt a decision for management of the common parts to obtain:
a) for carrying out the necessary credits or instant repair;
b) credits for making useful costs;
c) grants and subsidies; "
(d)) that shall be 15:
"15. may decide not to elect supervisory board or controller."
2. in the Al. 4 after the word "owners" a comma and add "users and residents."
§ 11. In art. 12 make the following amendments and additions:
1. Paragraph 4 is replaced by the following:
"(4) where the Management Board (the Manager) does not convene a general meeting within the period under paragraph 1. 3, the General Assembly shall be convened by the owners in al. 2 in accordance with the procedure laid down in this law. "
2. a new paragraph. 5: "(5) the general meeting may be convened by any owner or keeper in urgent cases or where more than one year has elapsed since the last general meeting conducted."
3. The current paragraph. 5 it al. 6 and in the second sentence, the words ' shall be convened under the conditions and by the order of al. 3 and 4 "shall be replaced by ' may be called by any owner or user.
§ 12. In art. 13 the following modifications are made:
1. Paragraphs 1 to 5 shall be amended as:
(1) the general meeting shall be convened by invitation, signed by the persons who convened the general meeting, which shall be placed in a conspicuous public place and at the entrance of the building not later than 7 days prior to the meeting date, and in urgent cases – not later than 24 hours. The date and time must be noted on the invitation of the persons who convened the general meeting, which shall be drawn up.
(2) the Owner or user who doesn't use their private object or will be absent more than one month, notify the Manager or the Chairman of the Management Board, stating the email address to be sent invitations for the convening of the General Assembly, as well as a phone number.
(3) the notification under paragraph 1. 2 for the conduct of the general meeting may be made by oral notification of the contents of the invitation, which shall be certified by the signature of the persons who convened the general meeting or by sending an invitation to address, including via email, if any are specified.
(4) where a person referred to in paragraph 1. 2 is not indicated or e-mail address to which to send invitations for convening the general meeting, as well as a phone number, it is considered to be notified of the convening of the General Assembly pursuant to para. 1.
(5) where a private entity is a municipal or State property, the Mayor of the municipality, or the authority to whom it has been granted on the property management, notified in writing to the data referred to in para. 2 the Manager or the Chairman of the Management Board. In this case the provisions of paragraphs 1 and 2. 3 and 4. "
2. Paragraph 6 is hereby repealed.
3. in the Al. 8 item 1 is repealed.
§ 13. In art. 14 the following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
(1) the owner or keeper, who could not participate in the general meeting may authorize an adult member of your household, which is inscribed in the book of the condominium, or another owner, to represent him. The authorisation may be made orally in the same or the previous session of the General Assembly, which shall be recorded in the minutes of the meeting or in writing. "
2. Paragraph 3 shall be amended as follows:
"(3) the Owner or keeper may authorize in writing another person to represent him, with a notary certified signature or an attorney with written power of attorney."
3. in the Al. 4 after the word "owners" is added "and/or users.
§ 14. In art. 15 the following amendments and supplements: 1. Al. 1, after the word "owned" a comma and add "except in the cases under art. 17, al. 2, item 1 – 4.
2. paragraph 2 is replaced by the following:
"(2) If the meeting cannot be held in the time specified in the invitation due to a lack of quorum in the Al. 1, the meeting shall be postponed for one hour, place on a scheduled agenda and is considered legal if it presented no less than 33 percent common parts from the common areas of the condominium. "
3. a para. 3:
"(3) where, in the cases referred to in para. 2 missing the required quorum, the meeting shall be held on the next day, and if it is a weekend or a public holiday, the next working day, at the hour and the place referred to in the invitation under art. 13, para. 1 for the convening of the General Assembly. In the absence of the quorum required under para. 1, the meeting shall be held on the scheduled agenda and is considered legally as ideal parts from the common areas of the condominium to be presented. "
§ 15. In art. 16 is made the following changes and additions:
1. Paragraph 7 shall be amended as follows:
(7) the Chairman of the Management Board (the Manager) within the time limit referred to in paragraph 1. 6 place in a conspicuous public place and at the entrance of the building information for the preparation of the Protocol. For placement of the notice shall be drawn up by the Chairman of the Management Board (the Manager) and an owner, tenant or occupant stating the date, time and location of the placement of the message. A copy of the minutes shall be made available to owners, users or occupants upon request. "
2. Paragraph 8 shall be repealed.
3. in the Al. 9, after the word "owner" a comma and add "user" and the words "and the message was delivered by sticking to the outer door of the private entity" shall be deleted.
§ 16. In art. 17 the following amendments and supplements shall be made:
1. In paragraph 8. 2: a) point 1 shall be amended as follows:
"1. for taking action to upgrade and extension, establishing a right of use or right of construction and to change the purpose of the common parts – with 100 percent common parts of public areas;"
b) point 2 is amended as follows:
"2. for the removal from the premises of the owner or keeper by the procedure of art. 45 of the law of property for a specified period, but not longer than three years – with a majority of not less than 75 percent of ideal parts of common parts remaining after deduction of the ideal parts of owner or operator; owner or operator to whom the decision relates, not vote; for removal of the tenant, a decision shall be taken by a majority of not less than 75 percent of ideal parts of common parts; "
in point 3) shall be replaced by the following:
"3. to carry out useful cost and to obtain credits – by a majority of not less than 75 percent common parts of public areas;"
(d)) shall be t. 4-6:
' 4. for remission of financial obligations, as well as for deferring or rescheduling of implementation – by a majority of not less than 75 percent common parts of common parts;
5. in order to carry out the renovation, major repairs and for the absorption of funds from the European Union funds and/or from the State or municipal budget, grants and subsidies and/or own funds or other financing sources-by a majority of not less than 67 percent common parts of common parts;
6. placement of advertising or technical facilities of the building, on the accession of the building to the warmth, water supply, power supply and gazosnabditelnata network and for the termination of the heat-supply and gas supply in the condominium – by a majority of not less than 67 percent common parts of public areas; ".
2. Create a new para. 4 and al. 5 and 6:
"(4) where in the documents for the ownership of private objects in buildings in condominium are not referred to the ideal parts of the common parts of the building, for the purposes of this Act the perfect parts for each private entity is determined as the ratio between the sum of the area of the private object and storerooms, which is allocated to the object divided by the sum of the area of all private sites and assigned storage areas as the number is converted to a percentage.
(5) in accordance with para. 4 determine the perfect parts of common areas on the basis of the data submitted by the owners or the information under art. 23, para. 1, item 10 where:
1. the sum of the percentages of perfect parts to owners in the common parts of the building is not equal to 100;
2. the management is carried out in every separate entrance, and the sum of the percentages of the ideal parts of the owners of the common areas in the input is not equal to 100.
(6) the designated common parts in accordance with para. 4 and 5 shall be adopted by decision of the General Assembly by the majority not less than two-thirds of private entities in the building or the entrance. The General Assembly may refuse to approve the designated common parts only if a mistake in calculation. "
3. The current paragraph. 4 it al. 7 and shall be amended as follows:
(7) the General Assembly with a majority of more than 50 percent of ideal parts of common parts can solve the following decisions to be taken by a majority of more than half the number of stand-alone objects:
1. adoption, amendment of the internal regulations;
2. Select and release the members of the Management Board (the Manager) and teller;
3. Select and release the members of the Supervisory Board (the monitor);
4. determining the amount of cash contributions to the costs of managing and maintaining the common parts of the building;
5. the creation of conditions for access to the condominium of disabled people;
6. use of the common parts of the building and its surrounding area in case of disputes, as well as to respect the internal order and sanitary-hygienic norms. "
§ 17. In art. 19 the following amendments and supplements shall be made:
1. Paragraph 5 shall be amended as follows:
"(5) the members of the Management Board may be owners and users. As a member of the Governing Council (Governor) can be selected and designated by the owner who lives in the building and is entered in the book of the condominium, and the person designated by the Member representing the legal entity or sole trader, when independent sites are the property of a legal person or sole traders. "
2. in the Al. 7, after the word "(the Manager)" there shall be added "and teller".
3. a para. 8:
(8) The decision of the general meeting taken by a majority of over 50 percent common parts from the common areas of the condominium powers or part of them to the Management Board (the Manager) may be awarded to individuals who are not owners. The contract of assignment is concluded by a person authorized by the General Assembly. "
§ 18. In art. 20, after the word "owner" shall be inserted "or user".
§ 19. In art. Al 21. 3 is repealed.
§ 20. In art. 23 is made the following changes and additions:
1. In paragraph 8. 1:
a) in paragraph 3, after the words "the plans of the building" is added "ekzekutivnite" and drawings;
b) point 6 is replaced by the following:
6. create, store, and maintain a book of condominium under art. 7; "
in paragraph 7) shall be replaced by the following:
7. notify the municipal administration for the circumstances under art. 46 (b) and (c) changes in them; "
d) create a new item 8 and item 9, 10 and 11:
"8. notify in a timely manner, by the order of art. 13, para. 1, the owners, users and tenants upon receipt of written notification from the operational company when the heat load of the building is reduced below 50 percent;
9. provide information for the entries in the book of dogs condominium of the regional food safety Directorate and the municipality within 30 days of the entry in the book of the condominium;
10. has the right to obtain information from the Agency of Geodesy, cartography and cadastre of the municipality or to the area of the private object and storage premises allocated to it;
11. determine the perfect parts in accordance with art. 17, al. 4 and 5 on the basis of the data submitted by the owners and/or the information under item 10. ";
(e)) the current item 8 becomes item 12.
2. in the Al. 2 the words "provide for the introduction of any owner or occupant upon request" shall be replaced by "made by the order of art. 16, al. 7. "
3. Al are created. 3-6:
"(3) the Chairman of the Board (the Manager) represents the owners and users to perform all actions in connection with the ordinary management of the condominium. For actions under the Constitution of a right of use, construction, upgrading, extension or change of status of common parts he represents owners, if authorized by the General Assembly.
(4) the President of the Governing Council (the Manager) is before the Court condominium owners in the claims brought against them in connection with the common parts, and in actions brought against the owner, user or occupant who does not fulfil the decision of the General Assembly or its obligations under this Act. The claims against third persons in relation to the common parts, the Chairman of the Board (the Manager) represents the owners, if authorized by the General Assembly.
(5) every owner may participate in the case which the Manager represents the owners.
(6) in the selection of new Managing Board (Manager) the stored documents, as well as cash, bank accounts and cards are passed to the Protocol, which shall be signed by the members of the previous Board of Directors (Manager), the members of the newly elected Board of Directors (Manager), the Chairman of the Supervisory Board (the monitor) and from teller. "
§ 21. In art. 24 is made the following changes and additions:
1. Paragraph 1 shall be amended as follows:
' (1) by decision of the general meeting may be elected Supervisory Board (Controller) for a period of two years. "
2. in the Al. 5, second sentence, after the word "owners" is added "and users".
3. Paragraph 7 shall be amended as follows:
(7) a member of the Supervisory Board, controller or Treasurer may be the owner or a user who is not a spouse, a member of the household is not in de facto marital cohabitation relationship, in a straight line, collateral relatives to the second degree by marriage and up to the first degree with other members of the Supervisory Board, as well as with members of the Board or the Manager. "
4. in the Al. 9, after the word "owner" a comma and add "user".
5. a para. 10:
"(10) For members of the Supervisory Board (Controller) or Treasurer may be selected and designated by the owner, persons who live in the building and are entered in the book of condominium in compliance with the requirements of paragraphs 1 and 2. 7. "
§ 22. Article 25 shall be amended as follows:
"The creation of an Association of creat-removal
Art. 25. (1) for the absorption of funds from the European Union funds and/or from the State or municipal budget, grants and subsidies and/or use of own resources for the purpose of repair and renewal of buildings in condominium owners can establish an association. The Association is a legal person established in accordance with this law.
(2) the Association may carry out other activities related to the management of the common areas of the condominium, including to absorb funds from other sources of funding, other than those referred to in paragraph 1. 1. (3) for the creation of the Association shall convene a constituent Assembly to owners of independent sites in the building in the condominium. The Association is created by business owners, representing no less than 67 percent common parts from the common areas of the condominium.
(4) Owners Association can be set up for one or more than one entrance to the building. In this case the Association is created by business owners, representing no less than 67 percent common parts from ideal parts of the owners of the common areas in the input (the inputs). When the sum of the percentages of the ideal parts of the owners of the common areas in the input (ins) is not equal to 100, the provisions of art. 17, al. 5 and 6.
(5) the Association is created only for the purposes of this Act and shall be entered in the register under art. 44, para. 1 the location of the building into a condominium. The Association shall be entered in a register and VAT NO.
(6) When during the year the Association operates only under para. 1 or does not carry on business, not applied to the accounting Act.
(7) the resources of the Al. 1 and 2 shall be implemented after the decision of the general meeting of the Association, and when the Association members not all owners of independent sites or building entrance, the decision shall be submitted for adoption by the General Assembly and to the owners by the procedure of art. 33, para. 4. "
§ 23. In art. 26 al. 2 shall be amended as follows:
"(2) the constituent Assembly convened by invitation, which is placed in a prominent and public space on the entrance to the building by the procedure of art. 13. "
§ 24. In art. 27 the following amendments and supplements shall be made:
1. In paragraph 8. 1, the words "all the owners" are replaced by "owners, representing no less than 67 percent common parts of common areas of condominiums, where the Association is created for a separate entrance-owners, representing no less than 67 percent common parts of the common parts of the entrance".
2. in the Al. 3 the word "owners" shall be replaced by "the common parts of the total parts under para. 1. "
3. in the Al. 4, paragraph 2 establishes the second sentence: "the name of the Association shall contain the name of the settlement, full administrative address and in cities with the Metropolitan Division, the name of the Association contains the name of the area."
4. in the Al. 5 after the word "unanimously" shall be inserted "of all owners in al. 1 "and after the word" owners "is added" under para. 1. "
5. in the Al. 6 the word "owners" is replaced by "articles of Association".
§ 25. In art. 28 the following modifications are made:
1. In paragraph 8. 1 item 2 is amended as follows:
"2. the objects of the Association, in accordance with art. 25, para. 1 or 2 and the period for which it is established; ".
2. paragraph 2 is replaced by the following:
"(2) where the Association has a scope of activity under art. 25, para. 1, it shall be established for an indefinite period. "
§ 26. In art. 29, para. 1, the words "or District Council ' shall be deleted.
§ 27. In art. 30 the following modifications are made:
1. In paragraph 8. 2 the words "the European Union or the State budget" shall be replaced by ' the European Union and/or from the State or municipal budget, grants and subsidies, or own resources '.
2. in the Al. 3:
a) in the first sentence, the words "or no later than one year from their termination due to unforeseen circumstances" shall be replaced by the words "but not earlier than 5 years from completion";
(b) in the second sentence) the words "and then ends and the Association" shall be deleted.
§ 28. In art. 32 the following modifications are made:
1. In paragraph 8. 1 the words "owners of independent sites in condominium" are replaced by "articles of Association".
2. in the Al. 2 the word "owners" is replaced by "articles of Association".
§ 29. In art. 33 following amendments and supplements shall be made:
1. In paragraph 8. 2: a) point 1 shall be amended as follows:
"1. for taking action to upgrade and extension, establishing a right of use or right of construction and to change the purpose of the common parts – all members of the Association;"
b) point 2 is amended as follows:
"2. for the removal from the premises of the owner or keeper by the procedure of art. 45 of the law of property for a specified period, but not longer than three years – with a majority of not less than 75 per cent of the common parts of the Association remaining after deduction of the ideal parts of owner or operator; owner or operator to whom the decision relates, not vote; for removal of the tenant, a decision shall be taken by a majority of not less than 75 per cent of the common parts of the Association; "
in point 3) shall be replaced by the following:
"3. to carry out useful cost and to obtain credits – by a majority of not less than 75 per cent of the common parts of the Association;"
(d)) shall be t. 4-6:
' 4. for remission of financial obligations, as well as for deferring or rescheduling of implementation – by a majority of not less than 75 per cent of the common parts of the Association;
5. in order to carry out the renovation, major repairs and for the absorption of funds from the European Union funds and/or from the State or municipal budget, grants and subsidies, own funds or other financing sources, as well as for termination of the Association – by a majority of not less than 67% of the common parts of the Association;
6. placement of advertising or technical facilities of the building, on the accession of the building to the warmth, water supply, power supply and gazosnabditelnata network and for the termination of the heat-supply and gas supply in the condominium – by a majority of not less than 67 percent common parts of public areas; ".
2. in the Al. 3 the words "from the common areas of the condominium" are replaced by "of the owners of the Association".
3. Paragraph 4 is replaced by the following:
"(4) the decisions of the Association shall be submitted for adoption by the General Assembly of the owners, when they relate to matters of competence of the general meeting of the owners are not members of the Association and all owners of independent sites or building entrance. The Management Board (the Manager) of the Association shall convene a general meeting of owners in accordance with section II of this chapter. In this case, the members of the Association participate in the general meeting of owners or determine representative who voted with title equal to the ideal parts with which the decision was taken in the Association. "
4. a para. 5:
"(5) where the Association is formed by all owners of independent sites or building entrance, there is a general meeting of the Association and the powers of the general meeting of the owners."
§ 30. In art. 34 following amendments and supplements shall be made:
1. In paragraph 8. 2:
a) points 3, 4, 5 and 6 are repealed;
b) point 8 is replaced by the following:
8. an application for registration in a register BULSTAT within 7 days after receipt of the certificate of registration of the Association under art. 46A, al. 1; ".
2. Paragraph 5 shall be amended as follows:
"(5) a member of the Governing Council (Manager) can be selected or proposed owner by owner a person who lives in the building and is entered in the book of the condominium. When independent sites are the property of a legal person or sole proprietors, the article can be chosen by them as proposed. "
3. in the Al. 7, after the word "(the Manager)" there shall be added "and teller".
4. Paragraph 8 shall be repealed.
5. Al are created. 9, 10 and 11:
(9) The decision of the general meeting of the Association of owners and the powers of the Governing Council (the Manager), the Supervisory Board (the monitor) and the cashier can be assigned to the Management Board (the Manager), the Supervisory Board (the monitor) and Treasurer of the Association.
(10) The decision of the general meeting of the Association, adopted by a majority of more than 50 percent of the common parts of the Association, the powers of the Board (the Manager) may be awarded to individuals who are not owners. The contract of assignment is concluded by an authorised by the general meeting of the Association person.
(11) where the Association is formed by all owners of independent sites or building entrance, the Governing Council (the Manager), the Control Board (the monitor) and the Treasurer of the Association shall carry out the powers of the Board (the Manager), the Supervisory Board (the monitor) and Treasurer of the condominium. "
§ 31. In art. 35 the following modifications are made:
1. In paragraph 8. 4, the words "condominium" are replaced by "the Association".
2. Paragraph 7 shall be amended as follows:
(7) a member of the Supervisory Board (Controller) and Treasurer of the Association may be the owner, who is not a spouse, a member of the household is not in de facto marital cohabitation relationship, in a straight line, collateral relatives to the second degree by marriage and up to the first degree with other members of the Supervisory Board, as well as with members of the Board or the Manager of the Association. By decision of the general meeting of the members of the Supervisory Board (the monitor) may be remunerated. "
3. in the Al. 9, second sentence, the words "or occupant" are deleted.
§ 32. In art. 36 the following modifications are made:
1. In paragraph 8. 1 item 4 shall be amended as follows:
"4. where the share of the common parts falls below the required under art. 25, para. 3 or 4.
2. paragraph 2 is replaced by the following:
"(2) where an approved project for the absorption of funds under art. 25, para. 1, the Association may be terminated by a decision of the General Assembly after the expiry of the warranty terms on the project for the construction and installation work carried out but not earlier than 5 years from completion. "
3. in the Al. the words "or the district" shall be deleted.
4. in the Al. 4, the words "within two months" shall be replaced by "When in association membership of all owners within two months".
§ 33. In art. 38 following amendments and supplements shall be made:
1. In paragraph 8. 1, second sentence, the words ' receipt of a written invitation, awarded by the order of art. 13, para. 2 – 6 "shall be replaced by" their disclosure pursuant to art. 16, al. 7. "
2. in the Al. 2, after the word "owner" a comma and add "user".
3. in the Al. 3, after the word "owner" a comma and add "user or occupant".
§ 34. In art. 40 al. 2 shall be amended as follows:
"(2) the request shall be submitted to the District Court with jurisdiction over the location of the condominium, within 30 days of notification of the decision by the procedure of art. 16, al. 7. "
§ 35. In art. 41 after the word "person" is a comma and add "in accordance with the provisions of art. 23, para. 3 and 4 ".
§ 36. In art. 43, para. 2 the words "the receipt of the written invitation, awarded by the order of art. 13, para. 2 – 6 "shall be replaced by the words" disclosure by the procedure of art. 16, al. 7. "
§ 37. The title of chapter III shall be replaced by the following: "registration and notification mode".
§ 38. In art. the following 44 amendments:
1. Paragraph 1 shall be amended as follows:
(1) owners ' associations entered in the municipality in which the building into a condominium. The municipal administration shall establish and maintain a public register and shall publish on its website the data referred to in para. 3 changes, respectively, within 14 days of entry in the register. "
2. Paragraph 3 shall be amended as follows:
"(3) shall be entered in the register the name of the Association, the address, the period for which it was established, the scope of activities, the common parts of the Association, the name and address of the members of the Management Board (the Manager) and the manner of representation."
3. in the Al. 4 after the word "leading" a comma and add the "access".
§ 39. In art. 45 the following modifications are made:
1. In the title the words "or the district" shall be deleted.
2. paragraph 1 shall be repealed.
3. Paragraph 2 shall be replaced by the following:
"(2) for entry in the register of the owners ' Association of the municipality Mayor or an official authorised by him shall verify that the requirements of this law."
4. in the Al. 3 the words "para. 1 and 2 "shall be replaced by" para. 2 ", the words" or area ' shall be deleted and the word "data" is replaced by "the Association".
5. in the Al. 4, the words "para. 1 "shall be replaced by" para. 2 ", the words" the relevant condominium "are replaced by" the Association of owners "and the number" 7 "is replaced by" 14 ".
6. in the Al. 5 the words ' or area ' shall be deleted and the words "the relevant condominium" are replaced by "the Association of owners."
§ 40. In art. 46, para. 2, the words "or area ' shall be deleted.
§ 41. Art is created. 46A:
"Certificate of registration
Art. 46. (1) after the entry in the register under art. 44 municipal administration shall issue a certificate of registration of the Association, in which shall be entered particulars under art. 44, para. 3.
(2) the model of the certificate referred to in para. 1 is approved by the Minister of regional development and public works. "
§ 42. Art is created. 46 (b):
"The obligation to notify
Art. 46 (b). The Governors or Presidents of boards of buildings or separate entrances in the condominium shall submit within one month of the election notice in municipal or district administrations. The notification shall contain the name, address and phone number of the members of the management board or of the Manager and the address of the building into a condominium, as well as the address for correspondence. "
§ 43. In art. 47 the following modifications are made:
1. the title shall be replaced by the following: "the obligation for submitting the report.
2. paragraph 1 shall be repealed.
3. Paragraph 2 shall be replaced by the following:
"(2) the Mayor of the municipality or region on a yearly basis by the end of March for the preceding year shall submit a report to the Minister of regional development and public works for the submitted notifications of condominium under art. 46 (b). The Mayor of the municipality shall submit a monthly report to the Minister of regional development and public works for the data entered in the register under art. 44 associations containing the information referred to in art. 44, para. 3. "
§ 44. In art. 48 following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
(1) the repair, renovation, reconstruction and realignment of the common parts or replacement of common plants and equipment is carried out by decision of the general meeting of the owners. "
2. in the Al. the words "or of the Association" shall be deleted.
3. Paragraph 6 is replaced by the following:
(6) every owner can perform with own resources, materials and/or labor required repair of the common areas of the building without a decision of the general meeting. The costs incurred by the owner on his behalf, by a decision of the general meeting shall be refunded or offset by contributions payable by him under art. 50 after the presentation of documents certifying the payment. "
4. in the Al. 7 the comma after the word "owners" and the words "which shall be jointly and severally responsible for their recovery ' shall be deleted.
5. in the Al. 8 the word "current" is deleted, then the word "owners" a comma and add "users".
§ 45. In art. 50 the following modifications are made:
1. In paragraph 8. 2 paragraph 1 shall be replaced by the following:
"1. the monthly contributions from owners in an amount to be determined by decision of the General Assembly in accordance with the ideal parts of individual owners in common areas of condominiums, but not less than one percent of the minimum wage for the country."
2. in the Al. 3 the word "cash" shall be deleted.
§ 46. In art. 51 following amendments and supplements shall be made: 1. the title shall be replaced by the following: "Costs for management and maintenance of the common areas of the condominium."
2. in the Al. 1 the words "Consumable costs and costs for ongoing maintenance for ' shall be replaced by ' the costs of managing and maintaining" and after the word "owners" a comma and add "users".
3. Paragraph 2 shall be replaced by the following:
"(2) No costs shall be payable under paragraph 1. 1 for children under 6 years of age, as well as the owner, keeper and resident residing in condominium not more than 30 days within a calendar year. "
4. Paragraph 3 shall be amended as follows:
"(3) the general meeting, by a majority of more than 50 percent of ideal parts of common parts can solve the owner, user or occupant who is absent for more than 30 days within a calendar year to pay for the time of absence, 50 percent of the cost of management and maintenance under para. 1. For the absence must be notified in writing the President of the Governing Council (General Manager). "
5. Paragraphs 5 and 6 shall be read with the following adaptations:
"(5) the Owner, user or occupant who exercise a profession or carry on business in a private condominium object associated with the access to outside parties pays the costs of the management and maintenance of the common parts in the amount of three times to five times, determined by the decision of the General Assembly.
(6) the Owner, user or occupant under para. 5 pay the expenses for the management and maintenance of the common parts of the building in size under para. 1, when their private objects is provided for separate entrance. "
6. in the Al. 7, after the word "owners" a comma and add "users", the words "expenses" shall be replaced by ' costs for electricity, water, heating, cleaning of the common parts and the subscription service.
§ 47. In art. 55 the following endorsements are added:
1. In paragraph 8. 1, after the word "owner" a comma and add "user".
2. in the Al. 2, after the word "owner" a comma and add "user" and after the words "other" owners "is added and/or users.
§ 48. In art. 56 Al is created. 3:
"(3) the Chairman of the Management Board (ceo), who does not file a notice in the county or district administrations under art. 46 (b) is punishable by a fine of 50 to 400 LV. "
§ 49. Art is created. 56A:
"Art. 56. Failure of art. 44, para. 1 or under art. 47, para. 2 Mayor of municipality or area is punishable by a fine of 100 to 500 LEVs. "
§ 50. In art. 57 following amendments and supplements shall be made:
1. In paragraph 8. 1, second sentence, after the word "owners" is added "and/or users ' and the words ' laid down by decision of the General Assembly" shall be deleted.
2. in the Al. 2, second sentence, after the words "owners" is added "and/or users ' and the words ' laid down by decision of the General Assembly" shall be deleted.
3. in the Al. 4, the words "the Act for establishment of the infringement issue ' shall be replaced by" the Act for establishment of the infringement shall be drawn up.
4. a new para. 5:
"(5) the acts for which the infringement is established under art. 56 (a) shall be drawn up by officials from the district administration, appointed by the Governor, and the penal provisions shall be issued by the Governor or by the officer authorized by him. "
5. The current paragraph. 5 it al. 6.
§ 51. In § 1 of the supplementary provision the following amendments and additions:
1. In paragraph 5, after the word "owners" is added "or" users.
2. a new item 6:
"6." Users "are persons or entities that have the right to use property on foreign experts, a private entity in building condominium."
3. Current item 6 becomes item 7 and after the word "owners" a comma and add "users".
4. Current item 7 becomes item 8.
5. Current item 8 becomes item 9 and after the word "owners" is added "users" and a comma.
6. a new item 10:
"10." renewal "are construction works related to the implementation of any of the essential requirements referred to in art. 169, para. 1 and 2 of the law on spatial planning carried out during operation and affect the structural elements of the building, surrounding structures and/or elements of buildings, facilities and/or technical infrastructure elements – heating, ventilation, air-conditioning, electrical, water, sewage and other systems. "
7. The current becomes item 9 and 11 shall be replaced by the following:
"11." management and maintenance costs "are the costs for supplies related to the management, for remuneration of the members of the management and supervisory bodies and the Treasurer, as well as for electricity, water, heating, cleaning, subscription services and other expenses necessary for the management and maintenance of the common parts of the building."
8. Current item 10 becomes 12 and finally added, "normatively are not provided and are beyond the costs of necessary and urgent repair and renovation".
9. Current item 11 shall become item 13 and in her words "corresponding to the requirements of the law" are deleted.
10. Current t. 12 becomes item 14.
11. Current item 13 shall become item 15 and, after the word "owner" a comma and add "user".
12. an item 16:
"16." instant case "is the existence of facts or circumstances that create prerequisites for the demolition of the building or contiguous or adjacent buildings, their structural elements, common areas, plants or parts thereof or for such damage to the building or to adjoining or adjacent buildings, their structural elements, common areas, installations or parts of them, which prevent the normal use of the building or separate objects in it as well as the existence of the facts and circumstances leading to danger to life and health of the owners, occupants and others. "
Transitional and final provisions
§ 52. In the law of property (official, no. 92 from 1951; amend., SG. 12 of 1958, no. 90 of 1960; amend., SG. 99 from 1963, no. 26 and 27 of 1973 No. 54 and 87, 1974, no. 55 of 1978, 36/1979, no. 19 of 1985 No. 14 and 91 since 1988. , PC. 38 of 1989, PCs. 31 of 1990, St. 77 of 1991, PCs. 33 of 1996, PCs. 100 in 1997, PCs. 90 of 1999, St. 34 and 59 since the year 2000, PCs. 32. Since 2005, PCs. 46 and 105, 2006, issue. 24, 59 and 113 of 2007, PC. 54 and 109 from 2008, PCs. 6 of 2009 and PCs. 100 of 2010.) art. 42, 43, 44 and 47 are repealed.
§ 53. In the law on local self-government and local administration (official SG. 77 of 1991; amend., SG. 24, 49 and 65 of 1995, no. 90 of 1996 No. 122 of 1997, no. 33, 130 and 154 1998 67/69 and 1999/26 and 85 in 2000, issue 1 from 2001. , PC. 28, 45 and 119 in 2002, PCs. 69. Since 2003, PCs. 19 and 34 of 2005, St. 30 and 69, 2006, issue. 61 and 63 since 2007, PCs. 54 and 108 of 2008, PCs. 6, 14, 35, 42 and 44 of 2009, PCs. 15 and 97 from 2010 and PC. 9 and 32 by 2011, decision No. 4 of the Constitutional Court by 2011-PCs. 36 by 2011.) in chapter seven establishes the art. 58 (b):
"Art. 58 (b) (1) by decision of the Municipal Council in the municipality may establish a municipal Fund for renovation of multi-family residential buildings.
(2) a decision under paragraph 1. 1 regulate the control and supervision of the Fund, fundraising rules for co-financing of the renovation activities. "
§ 54. The building entrance or condominium, where until the entry into force of this Act is the lead book owners may not be a new book of condominiums.
§ 55. Submission of notifications under art. 46 (b) shall be made within 6 months of the entry into force of this law. Do not submit notifications, when buildings or separate entrances in condominium are entered in the register under art. 44. § 56. (1) the Mayor of the municipality or region empowered official or within one year of the entry into force of this law shall arrange for the General meetings and election of governing bodies in the buildings in condominium are not convened such meetings and are not elected bodies.
(2) the mayor or officer entitled by him shall convene the general meeting referred to in paragraph 1. 1 by invitation, which is placed in a prominent and public space on the entrance of the building into condominiums and is published on the website of the municipality or region.
(3) If the meeting cannot be held due to a lack of the required quorum under art. 15, para. 2, the Mayor of the municipality or region empowered by him or an official determined in 14 days and Treasurer Manager from the list of owners or users, living in condominiums.
(4) failure to carry out the provisions under para. 1-3 the Mayor of the municipality or region shall be punished with fine in extend from 50 to 500 pounds.
(5) the acts establishing the infringements referred to in paragraph 1. 4 shall be drawn up by officials from the district administration, appointed by the Governor, and the penal provisions shall be issued by the Governor or by the officer authorized by him.
§ 57. Registered until the entry into force of this Act shall bring their activities associations in accordance with its requirements within one year of its entry into force.
The law was adopted by 41-Otto National Assembly on July 13, 2011 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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