297/1992 Sb.



LEGAL MEASURES



the Bureau of the Federal Assembly



of 20 December. in May 1992,



supplementing Act No. 42/1992 Coll., on the adjustment of property relations and

the settlement of property claims in the cooperatives, and amending and supplementing Act No.

52/1966 Coll., on personal ownership for flats, as amended by Act No. 30/1978

Coll. and Act No. 509/1991 Coll.



Change: 72/1994 Coll.



The Bureau of the Federal Assembly of the Czech and Slovak Federal

The Republic is decided according to the article. paragraph 58. 3 of the Constitutional Act No. 143/1968

Coll. on the Czechoslovak Federation, on the legal measures:



Article. (I)



Act No. 42/1992 Coll., on the adjustment of property relations and the settlement of

property entitlements in cooperatives, shall be added as follows:



Under section 28 shall be classified to section 28a to 28 d are inserted:



"§ 28a



(1) the right of members of housing cooperatives challenge housing association, pursuant to section 24 of the

the conclusion of the contract on the transfer of ownership of an apartment or nebytovému space

(garage and Studio) have members of housing cooperatives, whose lease

relationship to the apartment or nebytovému space was created after the repayment of the Member

the proportion of such members, or their predecessors on the basis of law or

other facts set out by law. ^ 1)



(2) in the absence of a transfer of all the flats and non-residential premises to members of the

housing cooperatives who are tenants of residential and non-residential premises in the

the House, which relates to the loan granted by the Bank, and pay to the cooperative

Bank loan corresponding to the converted flats and non-residential premises closes

the Bank with the cooperative within two months of the amendment to the credit agreement, whose

the subject will be leaving the outstanding portion of the loan, attributable to the

an unconverted garage apartments and studios team. The other conditions for

the provision of credit provided for in the credit agreement does not change. Financial

the funds paid for the transferred members of cooperative apartments and non-residential

spaces will take cooperative bank at the next installment of the loan.



(3) cooperative and the owners of flats and non-residential premises are required before

the conclusion of the Appendix referred to in paragraph 2 to insure the dwelling house, so that in the

the summary was retained at least the existing range of house insurance.



(4) For loans kept pursuant to paragraph 2 shall apply mutatis mutandis to the provisions of

Special rules on the payment of the financial damage to the Bank. ^ 2)

specific ^ 3) of the obligations of the cooperative to return State posts

does not apply.



(5) transfer of a cooperative apartment claims the return of the Member

the share.



section 28b



(1) to ensure the loans granted by the Bank in accordance with the cooperative apartment

specific ^ 3) on the construction of flats and non-residential premises and on the

more extensive repairs and the construction of a residential house is formed on 1 July.

in July 1992 the bank liens. The lien is binding on real estate

cooperative loans.



(2) the provisions of paragraph 1 shall apply mutatis mutandis to loans left under section 28a

paragraph. 2.



section 28 c



Part of the contract on the transfer of the apartment or commercial space of the ownership

a housing cooperative is a mutual settlement funds

funding for the repair and maintenance of the House, in order to convert the apartment and

commercial space. Mutual settlement, the settlement as

unspent balances, so arrears.



section 28 d



(1) If a cooperative housing construction, which acquired the flats

was given the financial, credit and other assistance pursuant to the provisions of

financial, credit and other assistance to cooperative housing construction form

Extensions and conversions to existing buildings, without the building became

the subject of the co-ownership share of the cooperative and the original owner

building, establishing the date of effectiveness of this legal measures in favour of

cooperatives, or his successor in title to the building of an easement

According to § 151n et seq.. of the civil code, ^ 4) which further reduces the

the owner of the building, so that the



and lease relations) flats completed superstructure or construction applies

the provisions of the civil code on the lease of a cooperative apartment;



(b)), the cooperative or its legal successors to these flats have rights and

the obligations of the landlord, if there is between them and the owner of the building

otherwise agreed;



(c)) for the determination of rents of those flats are the rules about how

the calculation of the rent in the flats of the building housing cooperatives; ^ 5)



(d) the rent of the flats) applies the tenant or his legal team

the successors; remuneration for the implementation provided with the use of the apartment tenant pays

the owner of the building, where appropriate, to another person.



(2) the assessment of the acquisition of a dwelling or non-residential house in

the rules on the provision of financial, credit and other assistance to cooperative housing

the construction of the superstructure in the form of production is for the purposes of this legal

the measures considered to be compensation for the restrictions of ownership rights through the establishment of

easement. ".



1) Eg. § 460 et seq.. Act No. 40/1964 Coll., the civil code, in the

as amended.



2) section 45 of Act No. 21/1992 Coll., on banks.



3) Eg. section 6 (1). 6 of the Decree of the Federal Ministry of finance,

the Ministry of Finance of the Czech Socialist Republic, Ministry of

of Finance of the Slovak Socialist Republic and Chairman of the State Bank

Czechoslovak No 136/1985 Coll., on financial, credit and other assistance

cooperative and individual housing construction and modernisation of family houses

in personal ownership, as amended by decrees no. 74/1989 Coll. and no 73/1991

SB.



4) Act No. 40/1964 Coll.



5 section 11 et seq.). the proceeds of the Federal Ministry of finance, Ministry of

of Finance of the Czech Republic, the Ministry of Finance of the Slovak Republic and

The Czechoslovak State Bank no. 78/1991 Coll., on conditions for the provision of

financial assistance for cooperative housing.



Article II



cancelled



Article. (III)



Section 26 is repealed law No 42/1992 Coll., on the adjustment of property relations and

the settlement of property claims in the cooperatives.



Article IV



This statutory measure shall take effect on the date of publication.



DUBCEK in r.