Edit Issues Related To Housing Co

Original Language Title: úprava záležitostí souvisejících s bytovým spoluvlastnictvím

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80867&nr=366~2F2013~20Sb.&ft=txt

366/Sb.



GOVERNMENT REGULATION



of 30 March 2004. October 2013



about the regulation of certain housing-related issues

co



Government decrees for the implementation of Act No. 513/91 Coll., the civil code:



PART THE FIRST



GENERAL PROVISIONS



§ 1



The subject of the edit



(1) this regulation establishes



and the method of calculating floor area) apartment in the unit,



(b)) part of the immovable property, which are common,



(c)) details on activities relating to the management of House and land.



(2) the provisions of this regulation concerning the apartment also applies to non-residential

space.



PART TWO



THE METHOD OF CALCULATION OF THE FLOOR AREA



§ 2



3-d border of the apartment



For the purposes of the calculation of the floor area is flat, as a space-separated

part of the House, bounded by the inner surfaces of the exterior walls of this space

a separate part of the House, floor, ceiling or roof structures, and fills

the holes in the walls of the building surrounding the apartment; Similarly, this applies to

the border of the rooms that are as part of the apartment are located off the main

living space.



§ 3



How to calculate the floor area of the flat is in the drive



(1) the floor space of the apartment in the unit form the footprint of all

the rooms of the apartment including the ground plan of the area of all the vertical load-bearing and

non-load bearing structures inside the apartment, such as walls, columns, pillars,

chimneys and similar vertical structures. Footprint is defined

the internal face of enclosing a flat vertical structures including their

surface finishing. Does the floor area also covered

built-in objects such as cabinets, in particular within the walls of the apartment, bath and

other plumbing fixtures in the inner area of the apartment.



(2) the floor surface of the twin floor apartment located in two or more

floors of the staircase inside the apartment consists of the US footprint of all

rooms calculated in the manner prescribed in paragraph 1 and the area only

the lower projection of the staircase.



(3) in the case of an apartment with the Gallery, which is the upper space of an apartment linked to the

the lower area of the staircase, the floor area of the Gallery included

as the floor area of the room, if podchodná the height of this space

reaches at least 230 cm, although it is not completely closed construction all

walls; does the area at the bottom of the room, if at least

the same podchodnou the height and area of the projection of the bottom of the stairs. If

the conditions are not met, the minimum height of passage conventions, only

the lower area of the room.



(4) the calculated floor area apartment referred to in paragraphs 1 to 3 shall be given in m2

, and is quoted to one decimal place, so that the 1/500 m2 and more

rounds a number up, to less than five setinám m2 shall be disregarded.



PART THREE



THE COMMON PART OF IMMOVABLE PROPERTY



§ 4



Common parts of immovable property may be in addition to the land on which the House is

built, also a parcel of functionally related to the operation and administration of the House and

with the use of the units, on which, in particular, paved areas,

front yards, parking lots, courtyards or on which are located the tiny

the building, in particular wastewater treatment, septic system, transformer stations, House

boiler house and other buildings, which are necessary to ensure the operation and

the administration of the House.



The common parts of the House



§ 5



(1) the common parts of the House, as the parts essential for the maintenance of the House

including its main structures and its shape and appearance, as well as for

maintaining the dwelling of another unit owner, and other

to use the apartment unit owner under section 1160 para. 2 of the code of

code, are particularly



and) horizontal and vertical support structure, including the foundations of the House, the perimeter

the walls of the House,



(b)) roof including fills the output holes, isolation, lightning conductors, trays,

rain gutters and downspouts of outdoor or indoor,



(c)) as the building chimneys at its building, including

the inset was acquired along with the chimney, excluding additional installed

chimney taken with the consent of the person responsible for the management of

the House of the individual owners of the units to which they are that heat

appliances for these owners and forming a technological unit

as a fl ue gas path of the heat of the appliance,



d) porch, stairs, entrances and entrance door into the House, the façade, staircase,

filling construction openings of the corridor, the main vertical structure (including window

shutters),



e) showcase (display) on the extent to which is located in the plane

the perimeter walls of the House, including the external glass and blinds shop that is

always the exclusive use of the owner of the drive, in addition to the parts shop

entering from the inner surface of the perimeter wall to the inside space

the room,



(f)), balconies, loggias, patios, atriums, even if they are only accessible

from the apartment, the door of balconies, loggias and terraces; These common components are

accessible only from the apartment, are always the exclusive use of the owner of the

the appropriate drive,



g) House boiler rooms, room heat exchange (transfer) stations, including

all the technical equipment and components, if they are not in the possession of other

of the person,



h) lifts in the common parts, including evacuation and fire of the lifts,

autovýtahů and autoplošin, the exterior fire escape,



I) soil, mandlovny, laundries, drying rooms, kočárkárny, kolárny, basement

cubicles and rooms located in the common parts of the House, which

are not defined as an apartment or a part of the apartment,



j) pools, the spaces in which they are located a parking space if

are not included in the unit.



(2) the common parts of the House are always spatially perimeter walls

enclosing the apartment even though that it is a non-loadbearing vertical construction,

all the supporting vertical structure inside the apartment, such as, in particular, the walls,

columns and pillars, always with the exception of surface treatments, such as internal

plaster, paint and coatings, if any, on the walls, wallpaper, wood or other

linings, coffered ceilings, and similar internal linings in walls or ceilings,

and on the design of built-in cabinets in the walls.



(3) floors are common parts of the House, with the exception of floor coverings in the

the apartment and everything that is associated with the laying or establishment and with the function of

the appropriate type of flooring, along with the normal

sound insulation and thermal insulation, is a part of the floor

coverings and does not interfere with the common parts of the House.



§ 6



The common parts of the House are further



and from the number of connections) or from the central leadership for the supply of

energy, water, waste water disposal, if they are not in the possession of

suppliers, domestic waste water pipe to the outlet (device) for the

connecting pipes of sewage from the apartment, house pipes for drainage

rain water,



b) Powerline to the residential circuit breakers for electricity meter,



c) gas installations to the closure for the apartment,



(d)) hot and cold water distribution systems including riser shafts, whether

the main vertical distributions, or branch from them to poměrovým gauges for

apartment, or to obstruct for the apartment, if they are not installed in the gauge for the

each of the apartments, including those measuring instruments or closures; This does not apply

wiring inside the apartment, including taps,



e) in the case of central heating, the entire system of heat distribution systems, including

divorces in the apartment, radiators and other heaters, including

thermostatic valves and equipment used to cost breakdown on

heating; part of distribution located in the apartment, radiators, radiator

the valves are the exclusive use of the owner of the drive as a common

parts,



f) fire-fighting equipment, emergency lighting, including UPS,

lighting of common parts



g) all equipment air conditioning to involvement in the apartment, if it has been

taken as a joint; It does not apply to the device of air conditioning,

If the owner takes the unit; Similarly, this applies to all types of

ventilation,



h) distribution systems and tv signal and data networks to

involvement in the apartment,



I) distribution of the phone, home of the Bell, the artistic decoration of the Interior equipment and

the common parts of the House, the entrance gate, gate, gates, and other

accessories of the House, which is essential to the operation of the House and to use the

units and in terms of its nature is intended for this purpose.



PART FOUR



DETAILS ON THE ACTIVITIES RELATING TO THE MANAGEMENT OF HOUSE AND LAND



Activities relating to the management of House and land



§ 7



Activities relating to the administration of the House and land from the point of view of operational and

technical means in particular



and) operation, maintenance, repair, building modifications and other changes in the common

parts of the House, including changes leading to a change in the purpose of their use; refers to

It's also all the technical equipment of the House, such as common parts,

the common parts of the reserved for the exclusive use of the owner of the unit,

If, in the Declaration or the statutes of the community of owners of units

It is not an activity belonging to the owner of the unit under the management of this

common parts at its own expense,



(b) revision of technical networks) common technical equipment of the House,

fire-fighting equipment, lightning conductors, energy distribution systems including heat,

hot water, drinking water, and telecommunications equipment, and other

common device according to the technical equipment of the House,



(c) land and maintenance) maintenance of access roads on the property,




(d)) exercise of the right of entry to the flat in case the owner of the unit

modifies your apartment building, including the option to request, in justified

cases, the submission of construction documentation, provided that the other

the legislation required, to verify that the construction work

do not threaten, not harming, or does not change the common parts of the House.



§ 8



Activities relating to the administration of the House and land from the point of view of administrative

activities means in particular



and all administrative,) ensuring administrative and operationally technical

activities, including the management of the relevant technical and operational documentation

the House, the retention of documentation work corresponding to its actual

According to other laws, předpisů1), and the provision of other

activities that arise for the person responsible for the administration of the House and land

from other legislation,



(b) the determination and collection) of designated funds from the

unit owners as advances for contributions to the administration of the House and land,

the payment of advances on determination of prices for services and their billing and settlement,



c) accounting, processing and submission of tax returns, the proper

management of financial resources, the maintenance of a list of the members of the community

unit owners,



(d)) the application and enforcement of obligations to individual owners

the drives that store them other legislation or resulting from

the statutes of the community of owners of units and of the resolution of the Assembly

unit owners in compliance with other legal provisions and the

the statutes of the community of owners of units



e) activities relating to the provision of common parts and technical

devices that are used to persons other than the owners of units in the House,

including the negotiation of the relevant agreements,



f) activities relating to the application of the protection of the rights of owners of

units.



§ 9



If the owner does not comply with the obligation to maintain the apartment units, as required

safe status of the House, and right there is a danger that corruption occurs

another apartment, is responsible for the management of the House shall be entitled to take measures

to remedy the situation, even if it isn't a threat to friendly status

the House as a whole. The right of the owner of the unit, take measures to remedy this

shall not be affected.



§ 10



(1) For the purposes of the administration of the House and land is the person responsible for the administration of the House and

the land is entitled to negotiate contracts relating, in particular,



and related activities) with the administration of the House and land,



(b) the supply of services) associated with the use of common parts and

associated with the use of units, unless the services whose supply's

the owners of the units provide the vendor directly,



(c)) Insurance House,



(d)) of the lease of common parts of the House and



e) ensure the operation of selected technical facilities associated with the

the use of common parts of the House and with the use of units that are not

the person responsible for the administration of the House and land is to operate, such as permissions

are the front boiler houses, heat exchanger (pass-through) station, diesel generators and

similar to a reserved technical equipment.



(2) the person responsible for the administration of the House and grounds and oversees the implementation

contracts and shall recover claims arising from violation of the obligations of the other Contracting

party.



§ 11



The person responsible for the administration of the House and land is entitled to, determine if the

Assembly of the unit owners, close or change a contract with a person

to provide some of the House and land management activities.



§ 12



For the purposes of the layout of the contributions in the same amount to each unit according to §

1180 para. 2 of the civil code, the rewards of the person who manages the House,

Administrator remuneration in the House, where there is community of owners

units; the remuneration of members of the organs of the person who manages the House, means

the remuneration of members of the elected bodies of the community of owners of units.



Some of the other activities of the community of owners of units in the management of the House

and land



section 13 of the



(1) in the scope of the statutory authority of the owners of the units is

making a decision on the acquisition, disposal or sale of goods, the load

the acquisition price has reached in a calendar year, the total amounts $ 10,000,

on deciding on the disposal or sale of goods, the load

net book value in the calendar year does not exceed in the aggregate $ 10,000; It

does not apply if the statutes of the community of owners of units will determine something

another.



(2) in the scope of the statutory authority of the owners of the units is

deciding to repair or construction of common parts of the real estate property

things do not outweigh the costs in individual cases, the amount of $ 1,000

on average, each unit; This limit does not apply, if the

repair caused by accidents in the common areas, or if the articles of Association

owners of units determined by something else.



§ 14



(1) the acquisition, disposal or a load of immovable property owned by the

condominiums, or other handling can

Assembly of the unit owners to give prior consent only in the case

with regard to the acquisition of immovable property for the purposes of the administration of the House and grounds;

decisions in this matter the statutory body of the community

It is not for unit owners.



(2) The negotiation of credit and the conclusion of the Treaty on the establishment of a lien for

the unit, if the unit owner in written form with the conclusion of

the pledge contract agreed, is entitled to the Assembly of the unit owners

give consent only for purposes of administering the House and land, primarily for repair,

adjustments to common parts or changes to the building, whose implementation was

approved by order of the Assembly of unit owners.



The management of condominiums in the management of House and land



§ 15



The budget for the calendar year, in accordance with rules specified in

the articles of Association, approves the Assembly of the unit owners, which also

approve the results of its implementation in the context of the approval of the report on the management

owners associations.



section 16 of the



(1) the Income of owners of units in particular are



and the owners of units) contributions to the management of the House and land under section 1180

of the civil code,



b) default interest received from the owners of the units due to delays with

payments of contributions to the management of the House and land under section 1180 of the civil

code,



c) default interest received from the owners of the units due to delays with

payments for the performance of associated or related to the use of units pursuant to §

1181 of the civil code, including the arrears of their billing, and

the fine for failure to meet the obligations of the owner of the drive in accordance with § 13 para. 1

Act No. 67/2013 Coll., to regulate certain issues relating to the

by carrying out transactions associated with the use of flats and non-residential premises in the

House with apartments,



(d)) interest on deposits in bank accounts of owners of units



(e)), penalty interest and contractual penalties paid by third parties

for violation of the obligations of the treaties negotiated by the community of owners

units,



f) indemnity on insurance contracts negotiated by the community

unit owners concerning the common parts and the bonuses for the

the favourable claim performance and



g) revenue arising from the management of the property of the community of owners

units.



(2) the Income of owners of units are not income deriving from

management of the common parts, and even if they are covered by the

bank account owners associations; in particular, these

the revenue of the



and the rent of the lease) of common parts of the House,



b) default interest paid due to the delay of tenants of these common

part of the rent payments and repayments for the implementation associated with the use of

These common parts including the arrears of their billing and



c) revenue from third parties arising from the operation of technical equipment in the

the House for these people.



§ 17



The definition of some of the costs of administrative activities



Similar cost custom administrative activity referred to in section paragraph 1180. 2

of the Civil Code shall mean, in particular,



and the cost of the establishment,) leadership and the canceling of the bank accounts of the community

unit owners,



(b)) and Bill the cost of the breakdown of performance associated with the use

units, including the implementation of reading values from the ration consumption gauges

of water and of the equipment to the cost breakdown on the heat,



(c) the acquisition cost of the assets) used for their own administrative activity

for example, a computer, including software equipment and its depreciation,



d) costs Office of the person responsible for the administration of the House and land,

for example, equipment, Office supplies, electricity, if the

individually measured, postage, and



e) costs associated with the provision of legal services related to the management

the House and grounds.



PART FIVE



The EFFECTIVENESS of the



section 18



This Regulation shall enter into force on 1 January 2000. January 2014.



Prime Minister:



Samantha r in r.



Minister of industry and trade:



Cieńciała in r.