311/2013 Sb.
LAW
of 12 June. September 2013
on the transfer of ownership rights to the units and Group family houses
some housing cooperatives and amending some laws
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
TRANSFERS OF OWNERSHIP RIGHTS TO THE UNITS AND GROUP FAMILY HOUSES
SOME HOUSING COOPERATIVES
TITLE I OF THE
THE SUBJECT OF THE EDIT
§ 1
This law regulates certain conditions
and) not transfer of ownership to the units or group
family houses owned by housing cooperatives, incurred prior to the date
1 January 1992 or housing cooperatives, which are their laws,
successors (hereinafter referred to as "transferring the cooperative"), into the ownership of the authorized
members under this Act, if the conversion occurs on the basis of the
decision transferring the cooperative made after the date of entry into force of
of this Act and as to the unit incurred in houses built with the help of
the State provided under the legislation on the financial, credit and other
help the cooperative housing construction issued in the period from 26. May 1959
until 31 December 2006. ^ 1 December 1992) (hereinafter ' the law on cooperative housing
the construction ") or a group family houses taken by these
legislation, and
(b) the transfer of ownership) of the units owned by other persons
(hereinafter referred to as "transferring the owner"), into the ownership of the authorized members
under this Act, if the conversion occurs on the basis of the
decision transferring the owner made after the date of entry into force of
This Act, in the case of units of apartments, flats, or involving a
that have been built housing associations referred to in point (a)) with the help of
the State, under the law on cooperative housing construction as
superstructures or conversions to other owners of existing buildings, without
the building has become the subject of mutual co-ownership of this housing
and the original owner of the building, with the benefit of this
the housing cooperative was an easement encumbering the building in relation to the
these flats under Act No. 42/1992 Coll., on the adjustment of property relations and
the settlement of property claims in cooperatives, in the wording of the legal measures
the Bureau of the Federal Assembly no 297/1992 Coll. (hereinafter referred to as "the law
on the transformation of cooperatives ").
§ 2
This law also regulates the
and) the rights and obligations related to the loans granted under the legislation of
the provisions of the cooperative housing construction in the relationship between transmitting
cooperative and the State represented by the Bank authorized to exercise Bank
activities related to the Administration, management and inkasováním receivables from
These loans (hereinafter referred to as "the Bank responsible for the administration of the loans"),
resulting from the transfer of ownership of the units or group
family houses according to § 1 (b). and)
(b)) the rights and obligations related to the loans granted under the legislation of
the provisions of the cooperative housing construction in the relationship between housing cooperative
and the Bank, who manages the loans that arise when converting
ownership of units pursuant to § 1 (b). (b)),
(c)) cases when transferring the team creates an obligation to return State
contributions under the legislation of cooperative housing
the construction,
(d)) or the Ministry of construction of the superstructure of the apartment built according to § 1 (b).
(b)), if the lessee ceases membership in housing,
e) when transferring the cooperative and cooperative incurred before the date of
on January 1, 1992, or its legal successor, whose business is
construction and management of parking garage for its members, bound to the land, obtained
free of charge under section 60a of the Act No. 219/2000 Coll., on the Czech property
of the Republic and its performance in legal relations, as amended by Act No.
229/2001 Coll., Act No. 202/2002 Coll. and Act No. 22/2006 Coll., or according to the
section 60a of Act No. 219/2000 Coll., as amended, (hereinafter referred to as
"the law of property to the State"), converted in the transfer of ownership of
unit group to the family house or garage free of charge.
TITLE II
UNIT AND GROUP FAMILY HOUSE TRANSFERRED OWNERSHIP OF THE TRANSFERRING
COOPERATIVES
§ 3
Bezúplatnost transfer unit and a group of the family house and settlement
equity member in a team
(1) the transfer of ownership of a unit or group family
House from transferring authorized member of a cooperative under this Act,
It is gratuitous; This is without prejudice to the obligation to pay the authorized Member
transferring the cost of the transfer of the United team.
(2) the participation of authorised Member of the cooperative, in transferring
known under the legislation on cooperative housing construction as
Member's share, which is a member or his legal predecessor was involved in
financing the construction of the House with the transferred units or group
family house (hereinafter referred to as the "shares"), is in the relationship between
transferring and authorized member of the team settled on the date when this
the acquired unit or group into the ownership of the family house. This is true
even the basic member deposit, if source of financing was also
construction; in this case, the lapses in membership transferring to the cooperative,
If a member fails to pay the basic member deposit in the amount specified statutes
not later than 30 days from the date of acquiring title to the transferred
unit.
§ 4
The unit transferred from the ownership transferring to the creditor of the cooperative
a member of the
(1) in a House with apartments and nebytovými areas, in which acquired ownership
the right at least to one unit of the transferee before the date of entry into force of
of the civil code, the unit pursuant to section 1 (b). and) means a unit
According to Act No. 72/1994 Coll., to regulate certain co-ownership
relationships to buildings and some ownership to apartments and non-residential
spaces and added some laws (the law on the ownership of apartments), in
as amended, which is flat, garage, Atelier or
non-residential space on the basis of the decision on the change of use of buildings from
the apartment, a garage or Studio. With the transfer of ownership to the unit
passes a co-ownership share in the common parts of the House and transferring
the cooperative is required to convert even a co-ownership share in the property, if
its owner. The size of the co-ownership shall be governed by the mutual
the ratio of the size of the floor space of the units to the total floor area
all of the units in the House.
(2) in a House with apartments and nebytovými areas, in which it was not before the date of
the entry into force of the civil code is transferred the property right or to
a single unit, the unit transferred under section 1 (b). and) means the
the unit as a matter of immovable pursuant to the provisions of the Civil Code of
the stock of joint ownership, which includes next to the apartment, garage, Studio,
or a non-residential area, referred to in paragraph 1, also a co-ownership
share of the common parts of the real things; the common part of the immovable
things is also a land, if the cooperative is transferring its owner.
(3) If a commercial space in the House, which is a unit under the law on
ownership of the flats or it includes unit as the immovable thing according to the
of the civil code, which was created on the basis of the decision to change the use of the
the construction of a common area of the House, converts this unit on the basis of
the contract transferring the cooperative units in the transfer referred to in paragraph 1, or
2 to share joint ownership the eligible members. The size of the
co-ownership is governed by the relative size of the floor
desktop units to the total floor area of all units in the House,
taking account of the non-residential floor area
space.
§ 5
Transferring the cooperative as the owner of an apartment house or
the House has retained the units to your property free of charge
a plot of land or a co-ownership share on the land under the law of property
the State will convert at the same time with the unit according to the section 4, paragraph 4. 1 or as part of the
the unit pursuant to section 4, paragraph 4. 2 authorized member free of charge
a co-ownership share on this land. The size of the transferred
co-ownership corresponds to the unit conversion pursuant to section 4, paragraph 4.
1 the size of the co-ownership share of the common parts of the House according to the
law on ownership, the transfer of units pursuant to section 4, paragraph 4. 2
the size of the co-ownership share of the common parts of the real things.
§ 6
The Group transferred ownership of the family house of the transferring of the cooperative
authorized Member
(1) if the cooperative is not transferring the owner of the land on which it is
Group family house built, converting the property right separately
for each group the family house, together with its accessories, and
basic technical equipment, which is owned by the transferring
cooperatives, and garages, if taken together with the Group family
the House.
(2) if the cooperative Is transferring the owner of land on which the group is
family house built, converting the ownership right to the land
including construction, which is a part of this land.
(3) Together with the transfer of ownership of immovable things referred to in paragraph
1 or 2 is transferred from the ownership transferring to the cooperatives than indicated accessory
co-ownership of a co-ownership share in the common accessories
Group family houses and their common basic technical
equipment. The size of the co-ownership share for each group
houses shall be determined by the number of these houses with the common
Accessories, possibly connected to common basic technical
equipment.
section 7 of the
If the transferring took the cooperative as the owner of the transferred group
the family home, its accessories or garage into your ownership
a plot of land free of charge, under the law on State property, converts at the same time
Group family house, its accessories or authorized garage
Member free of charge this land. This applies, mutatis mutandis, for the cooperative,
the subject of activity is the construction and management of parking garage for its members
incurred before the date 1. January 1992 or his successor in title, if the
the owner of the garage and transferred its ownership of a natural person.
§ 8
True to convert the units or a group of the family house of the
transferring ownership of the cooperative
(1) for the purposes of the legitimate member of the transfer of ownership to
drive under this Act, means the natural person-member of the transferring
cooperatives, whose lease to the apartment, garage, Studio or to
nebytovému space, that are transferred as a unit pursuant to section 4, paragraph 4.
1, or that includes the unit referred to in section 4, paragraph 4. 2, was created after the
the repayment of the Member share of the team by that Member or its legal
the predecessor.
(2) for the purposes of the legitimate member of the transfer of ownership to
Group family house and land plot pursuant to section 6 and 7 means a natural
person-member of the transferring of the cooperative, which transferred the lease to
Group family house after repayment of the Member share of the cooperative
This member or his legal predecessor.
(3) Authorized Member also means, if the conditions provided for in
paragraphs 1 and 2, the spouses jointly, if are joint members
the transferring of the cooperative.
§ 9
Contract on transfer of ownership to the unit or to the Group
family house
(1) the part of the contract on the transfer of ownership to the unit or
Group family house under this Act is the understanding on commitment
authorised Member of the team to pay the ceding amount that corresponds to the
outstanding loans granted by this team under Accessories
legislation on cooperative housing construction, or other
outstanding loans, in the amount of load on the drive to be converted
or group family house. The ownership right to drive or to
Group family house can be converted to the settlement of this commitment.
(2) the part of the contract on the transfer of ownership to the unit or
Group family house is also the arrangement on mutual settlement
the resources of the rent for the financing of the repair and maintenance of buildings,
where appropriate, the House and the drive, and the drive to be converted in order to be
the balances of the funds raised through the income of the housing economy
attributable to that unit. Mutual settlement means
settlement as unspent balances, so the settlement of arrears of
party purchaser of the unit. In the case of transfer of units, converts
transferring unused resources for cooperative settlement of a person
responsible for the administration of the House, for the purpose of contributions to the administration of the House and the land.
Ownership of the drive can be converted to the settlement of these
commitments.
The obligations of the transferring of the cooperative and responsible for the administration of the loan
§ 10
(1) When Transferring the cooperative is required to transfer ownership of a
unit or group family house under this Act apply
the funds obtained under section 9 (2). 1 in the half-year from
eligible members on the repayment of the loan granted under the legislation of
about cooperative housing construction to an extraordinary instalment on the loan with a
Accessories, namely in the amount of attributable to units or
Group family houses.
(2) an extraordinary instalment referred to in paragraph 1 shall be reimbursed by the transferring cooperative
the Bank responsible for the loans, along with the regular installment loan
attributable to the same half with which the transferred units
special instalment relates.
(3) the Bank responsible for the administration of the loans issue ceding team confirmation
the repayment of the corresponding part of the extraordinary installment loan, together with the
by specifying that the transferred units, this installment loan concerned;
Bank certificate is annexed to the proposal on ownership rights to
drive to the land registry.
(4) the Bank responsible for the administration of the loans repayment issues the certificate of the corresponding
part of the loan, also in the case when the whole part of the loan is attributable to
that the unit or group family house was repaid before
in connection with the transfer of ownership of an authorized Member, or in the
the case, which has already repaid the entire loan with accessories relating
real things, in which are located the transferred units.
§ 11
(1) in the absence of a transfer of ownership rights to all units in the House,
covered by credit granted by the law ceding the team
the provisions of the cooperative housing construction, and the cooperative has paid part of the loan with a
accessories per unit has not yet converted, closes Bank
responsible for the administration of the loans with transferring credit cooperative, a supplement to the
the Treaty.
(2) the subject of the addendum to the credit agreement in accordance with paragraph 1 is leaving
the outstanding portion of the loan is attributable to not yet transformed units in the House
transferring the team; for the ponechanou part of the loan shall apply mutatis mutandis
the conditions under which a credit assistance to cooperative housing construction
granted under the law on cooperative housing construction.
§ 12
The cooperative, which is transferring the loan according to section 11 of the left, is obliged to
to insure an unconverted units covered by this loan relates to
retained the existing scope of the insurance of the House corresponding to nepřevedeným
the units.
section 13
The lien
(1) to ensure the loans held by the Bank responsible for the administration of loans
ceding the cooperative under section 11 is binding the lien on the retained
the units in which the outstanding loans.
(2) a lien referred to in paragraph 1, evidenced by the Czech Republic. For the performance of
This law is the competent Ministry of finance.
§ 14
The provisions of § 11 to 13 shall apply mutatis mutandis, if no conversion
ownership rights to all Group family houses, which relates to the
credit provided by the ceding apartment cooperative under the legislation
about cooperative housing construction.
TITLE III
THE TRANSFER OF OWNERSHIP TO THE UNIT INCURRED FROM THE APARTMENT OR INVOLVING APARTMENT
CONSTRUCTION OF SUPERSTRUCTURE CONSTRUCTED OR
§ 15
The decision about the transfer of ownership to the unit incurred from the apartment or
covering apartment built superstructure or during the conversion
ownership of a legitimate member of the drive of the apartment or
covering apartment built housing cooperative superstructure or construction
According to § 1 (b). (b) transferring the owner); When converting
ownership rights to this drive is transferring the owner shall be obliged to
proceed according to § 18 paragraph. 1.
section 16 of the
The unit resulting from the apartment or flat built superstructure or involving
the fitting of
(1) in a House with apartments and nebytovými areas, in which the acquired right of ownership
at least one unit of the transferee before the date of entry into force of
of the civil code, the unit transferred under section 1 (b). (b)) means the
the unit according to the law on ownership of apartments, which is flat. With the transfer of
ownership to the unit passes a co-ownership share in the
the common parts of the House, and transferring the owner is obliged to convert and
a co-ownership share in the land, if its owner. The size of the
co-ownership is governed by the relative size of the floor
desktop units to the total floor area of all units in the House.
(2) in a House with apartments and nebytovými areas, in which it was not before the date of
the entry into force of the civil code is transferred the property right or to
a single unit, the unit transferred under section 1 (b). (b)) means the
the unit as a matter of immovable pursuant to the provisions of the Civil Code of
the stock of joint ownership, which includes the apartment.
§ 17
True for the acquisition of ownership to the unit incurred from the apartment
or involving an apartment built superstructure or construction
(1) a member Entitled to the acquisition of the ownership of a unit referred to
in section 8 is a natural person who is a member of the housing cooperative referred to in §
1 (a). and), which is the tenant of the apartment, to which REM burden in
the benefit of this housing cooperative under section 28 d of the law on the transformation of the
cooperatives, if its a lease relationship arose after the repayment of the Member
share this apartment cooperative or its legal predecessors of this
the Member or his legal predecessor.
(2) a member are also Eligible if they met the conditions referred to in
paragraph 1, the spouses jointly, if are joint members of the household
the cooperative referred to in paragraph 1.
section 18
The transfer of ownership to the unit incurred from the apartment or involving apartment
built during the authorised Member of the superstructure or and the demise of the factual
the burden of
(1) if the transfer of ownership of a unit referred to in section 16 of the
authorized member pursuant to section 17, it is transferring the owner shall be obliged to transfer
Housing Association to recognize the legitimate of the easement under section 28 of the Act
on the transformation of cooperatives, which was provided on the construction loan
under the law on cooperative housing construction. This team
It is a legitimate member of the obligation to pay the amount corresponding to the treating outstanding
the loan, with facilities in the amount of attributable to that unit.
(2) in matters relating to the terms of the Treaty, relations between the cooperative
of easement and a legitimate member as the acquirer and
at the same time, between the team of encumbrances and the Bank responsible for the
the administration of the loans, the provisions of sections 9 to 13.
(3) the transfer of ownership to the unit in accordance with paragraphs 1 and 2 shall cease
easement to the apartment, resulting in favour of housing cooperatives pursuant to section 28 d
the law on the transformation of cooperatives; remain-if some of the units referred to in
section 16 in the House of nepřevedeny, an easement to the extent corresponding to the
converted drive.
TITLE IV
THE EMERGENCE AND DISAPPEARANCE OF THE SERVILITY OF THE APARTMENT BUILT SUPERSTRUCTURE OR CONSTRUCTION
§ 19
The emergence of the servility of the apartment built superstructure construction in favor of or
the tenant, which disappeared in the housing association membership
(1) shall lapse if, after the date of entry into force of this Act without legal
the successor of the housing cooperative society referred to in section 1 (b). and in whose favour)
was an easement under section 28 d of the law on the transformation of cooperatives
stranded on the building in relation to the dwelling or construction of the superstructure of the resulting
into the existing building another owner, or if the tenant membership expires
such an apartment in housing, eliminated this easement
established in favour of the housing cooperatives with the current emergence of servility
apartment in favor of the incumbent. Ministry of dwelling shall
the demise of the housing cooperatives, or on the date of demise of the membership in a cooperative, the first
However, after fulfilling the conditions referred to in paragraph 2. Ministry of dwelling passes in the
the same range on each of the other successor to the earlier
the tenant.
(2) the former tenant, in whose favour the servitude of the apartment
referred to in paragraph 1, shall be obliged to pay an amount to the cooperative apartment, which
corresponds to treating outstanding loan with the accessories. The provisions of sections 9 to 12
shall apply mutatis mutandis.
(3) the emergence of the servility of the apartment in favor of the incumbent of the tenant of the apartment according to the
paragraph 1, entitlement to a refund of the Member's share, which is the tenant
or his legal predecessor was involved under the legislation on
cooperative housing construction on apartment financing built superstructure
construction of the building or to another owner. The emergence of the servility of the flat in the
favor of the incumbent tenant apartment referred to in paragraph 1 shall cease to be entitled to
the return of the base, which is a member of the deposit of the tenant or his legal
the predecessor was involved under the legislation on cooperative housing construction
on the financing or construction of superstructure flat built into the building
another owner.
section 20
The demise of the servility of the apartment built in the form of body and internals
Ministry of dwelling in favor of the tenant under section 19 shall lapse on the date,
When the tenant takes ownership of the unit incurred from this apartment
or involving this apartment.
THE HEAD OF THE
THE OBLIGATION TO RETURN THE STATE CONTRIBUTIONS PROVIDED BY THE STATE ON THE
COOPERATIVE HOUSING
section 21
(1) if the transferring Converts a cooperative ownership right to the drive in the House
built with the help of the State, under the law on cooperative housing
construction on another person than an authorized Member, is obliged to return the State of the
posts per converted unit, with the exception of the amounts
provided to cover the additional costs of distress while setting up the construction, on the
the reimbursement of the costs associated with the acquisition of the basic technical equipment and
another device, evoked a general need for extra costs
nezvyšujících standard of living, which have not been raised requirements
of the cooperative. The amount of contributions that is required to return the team to
reduced by 1% per year starting with the year of approval of the construction.
(2) convert to transferring a cooperative ownership right to a group
the family of the House of vystavěnému with the help of the State, under the law of the
cooperative housing construction to another person than the authorized Member is
required to return the State contributions to the construction of this House and
its accessories with the exception of the amounts provided to cover the costs
thrown by the exceptional conditions, the construction of proluk's,
the construction of another device, evoked a general need and costs
basic technical equipment, which is owned by the cooperative.
The amount of contributions that is required to return the team, shall be reduced by 1%
per year starting with the year of approval of the construction.
(3) the obligation to return the State of contributions referred to in paragraphs 1 and 2
the team is formed by the ceding even when converts a unit referred to in
paragraph 1 or a group family house referred to in paragraph 2 is not
free of charge.
(4) the obligation to return the State of contributions referred to in paragraphs 1 and 2
the team also produces the ceding, ceases to be the owner of the
the House acquired under the legislation of the cooperative housing construction
or units in this House other than the transfer of units to the
the ownership of the authorized members or the destruction of the House; This also applies in the case of
the demise of the easement arising under section 28 d of the law on the transformation of the
cooperatives.
section 22
(1) when the transfer of ownership of a unit referred to in section 16 of the
the ownership of a person other than an authorized participant is transferring the owner
obliged to inform the housing association authorized the transfer of the easement
under section 28 d of the law on the transformation of cooperatives, which was provided on this
the construction loan in accordance with the legislation on cooperative housing construction.
(2) the purchaser of the unit is obligated to the creditor of the cooperative apartment
easement under section 28 d of the law on the transformation of cooperatives to pay
treating outstanding loan amount corresponding with the accessories of
attributable to that unit and the amount of the public contribution
the cooperative provided under the legislation on cooperative housing
the construction of the load on the drive to be converted, calculated in accordance with section
21. 1.
(3) housing association justified from the easement under section 28 of the Act on
the transformation of cooperatives is obliged to reimburse the loan and return the State to the amount
the State contribution in the amount of attributable to that unit.
(4) the right of ownership to the unit referred to in section 16 can be converted into
the ownership of a person other than an authorized participant only after the fulfilment of the
the obligations of the person against the apartment cooperative referred to in paragraph 2 and
obligations of housing cooperatives to the State in accordance with paragraph 3.
section 23
The organizational component of the State relating to adoption allowances, which are
return under section 21 and 22, the Ministry of finance.
TITLE VI OF THE
SPECIFIC PROVISIONS ON THE CREATION OF THE COMMUNITY OF OWNERS
section 24
(1) If a cooperative housing referred to in section 24, paragraph. 1 and 2 of the law on
ownership of the flats, which was the original owner of the building or apartment
the cooperative, which is its legal successor, performed the duties of the administrator
under section 9 of the Act on ownership as effective to 30. June 2000
and his co-ownership share of the common parts of the House are not reduced to
date of entry into force of the civil code in less than one half, it is
Housing Association from the date of entry into force of this Act, the administrator of the House and
the plot; the administration shall apply mutatis mutandis to the provisions of section 1191 to 1193
of the civil code. The provisions of the Civil Code section 1198 is here
does not apply.
(2) If, after the date of entry into force of this law co-ownership
share the Administrator referred to in paragraph 1 of the common parts of the House on the less
than one half shall convene not later than the administrator, within 90 days from the date when the
will receive title deeds to reduce its co-ownership
share, the Assembly of the unit owners to the establishment of the community
owners of units (hereinafter referred to as "the community"). If they do it, so can
make any owner of the unit. For registration to the public
the statutory body of the Community register shall submit not later than 30 days
from the date of the founding of the community.
(3) the approval of the statutes of the community requires the consent of an absolute
the majority of the votes of the owners of the units present at the Assembly of the owners
units; the provisions of § 1200 paragraph. 1 the second sentence of the civil code, the
does not apply.
(4) the functions of the Administrator referred to in paragraph 1 shall cease on the date of
the community.
(5) until the formation of the community in the manner and within the time limits referred to in paragraph 2
are the owners of the units authorized and obliged to legal negotiations
relating to the common things in proportion to the size of their
ownership of the common parts of the House. The provisions of § 1127
of the Civil Code shall not apply to the creation of the community, if there is
the establishment of the community and of the application for registration of the community to
the public register at the latest within the time limits laid down in paragraph 2,
otherwise, only until the expiry of 90 days from the date when they will be delivered to the administrator
documents, confirming the reduction of its share of the co-ownership
the common parts of the House to less than one-quarter.
TITLE VII
THE TRANSITIONAL PROVISIONS OF THE
§ 25
Other than transferring the cooperative housing association under this Act,
that, as the owner of an apartment house or retained in the House units
or as the owner of a group of the family house, its accessories or
the garage has until the date of entry into force of this law, or even after this
the date takes into its ownership or co-ownership of land free of charge
the proportion of the land under the law of property to the State, converts the specified parcel
or a co-ownership share in the land free of charge to a natural person,
whose ownership at the same time converts the unit or group family
the House, its accessories or garage. This applies, mutatis mutandis, for the cooperative,
the subject of activity is the construction and management of parking garage for its members,
which existed before 1 January 2006. in January 1992, and is neither a successor
the cooperative with this subject of activity of the arising prior to that date, if
is the owner of the garage and transferred its ownership of a natural person.
PART THE SECOND
Amendment of the Act on property in the Czech Republic and its performance in the legal
relations
section 26
Act No. 219/2000 Coll., on the Czech Republic and its performance in
legal relations, as amended by Act No. 492/2000 Coll., the Act No. 229/2001
Coll., Act No. 320/2001 Coll., Act No. 501/2001 Coll., Act No. 202/2002
Coll., Act No. 280/2002 Coll., the finding of the Constitutional Court, declared under no.
476/2002 Coll., Act No. 88/2003 Coll., Act No. 356/2003 Coll., Act No.
480/2003 Coll., Act No. 41/2004 Coll., Act No. 218/2004 Coll., Act No.
217/2005 Coll., Act No. 359/2005 Coll., Act No. 22/2006 Coll., Act No.
140/2006 Coll., Act No. 342/2006 Coll., Act No. 296/2007 Coll., Act No.
139/2008 Coll., Act No. 274/2008 Coll., Act No. 457/2008 Coll., Act No.
153/2009 Coll., Act No. 227/2009 Coll., Act No. 457/2011 Coll., Act No.
18/2012 Coll., Act No. 239/2012 Coll., Act No. 407/2012 Coll. and Act No.
503/2012 Coll., is hereby amended as follows:
1. In section 60a paragraph. 1, after the words "owned by housing cooperatives"
the words "arising before the date 1. January 1992 or housing
the cooperative, which is its legal successor, ".
2. In section 60a paragraph. 2 (a). and), after the words "housing cooperatives" shall be
the words "referred to in paragraph 1" and the word "built" with the following Word
"this".
3. In section 60a paragraph. 2 (a). (b)), for the words "owned by the housing
cooperatives ", the words" referred to in paragraph 1, "after the word" members "
shall be inserted the word "this" and the word "cooperatives" shall be inserted after the words
"incurred before 1 January 2006. January 1992 or their successors in title ".
4. In section 60a paragraph. 3, after the words "housing cooperatives" shall be inserted after
"referred to in paragraph 1".
5. In section 60a paragraph. 4, after the words "housing cooperatives" shall be inserted after
"referred to in paragraph 1" and after the words "where appropriate, cooperative"
the words "arising before the date 1. January 1992 or his successor in title ".
6. In section 60a paragraph. 5 (a). and) the words "from the ownership of housing
cooperatives ", the words" referred to in paragraph 1 ".
7. In section 60a paragraph. 5 (a). (b)), for the words "housing cooperative"
the words "referred to in paragraph 1", for the words "on a building owned by the
housing cooperatives "shall be inserted after the words" referred to in paragraph 1 "and
the words "has been in the ownership of the housing cooperatives" shall be inserted after the words
"referred to in paragraph 1".
8. In section 60a paragraph. 5 (a). (d)), after the words "housing cooperatives" shall be
the words "referred to in paragraph 1".
9. In section 60a paragraph 5, the following paragraph 6 is added:
"(6) the appropriate organizational component converts the charge, co-ownership
the proportion of land to the extent corresponding to the proportion of the spoluvlastnickému
common parts provided for under section 1161 of the civil code to the
the ownership of the
and) the natural person who is the owner of the unit referred to in section 4, paragraph 4. 2 of the Act
No 311/2013 Coll., on the transfer of ownership rights to the units and group
family houses, some housing cooperatives and amending certain laws,
(b)) of the natural person that is the owner of the unit referred to in point (a))
become on the basis of transfer or gradient property of this unit, or
(c)) of the housing cooperatives referred to in paragraph 1, if the cooperative
It remained the owner of the translated units referred to in subparagraph (a)) and on the
This cooperative is subject to the obligation referred to in section 5 of the Act No. 311/2013
SB. ".
Paragraphs 6 and 7 are renumbered as paragraphs 7 and 8.
10. In section 60a paragraph. 7, the words "1-5" shall be replaced by "1 to 6".
11. In section 60a paragraph. 8, after the words "in paragraph 5", the words "or 6"
and after the words "paragraph 5" shall be inserted the words "or 6".
section 27 of the
Transitional provisions
(1) If a cooperative apartment, a team whose business is
construction and management of parking garage for its members, or a natural person was
the right to the transfer of land or gratuitous contract co-ownership
the proportion of land under section 60a of the Act No. 219/2000 Coll., on the Czech property
of the Republic and its performance in legal relations, in the texts of the effective
before the date of entry into force of this Act, the procedure shall continue to be in accordance with
the existing legislation and section 60a of Act No. 219/2000 Coll., as amended by
effective from the date of entry into force of this law, shall not apply. According to the
the existing legislation is assessed and the limitation period for
the application of this law and the effects of the limitation period relating to the date of acquisition
the effectiveness of this law shall remain in force.
(2) If on a housing association incurred before 1 January 2006. in January 1992, or
the housing cooperative, which is its legal successor, the team incurred
before 1 January 2006. January 1992 or its legal successor, the
activity is the construction and management of parking garage for its members, or to a physical
the person of paragraph 1 does not apply and this housing cooperative, a cooperative, or
a natural person who satisfies the conditions for entitlement to free Contracting
the transfer of land or co-ownership to land under section 60a
Act No. 219/2000 Coll., as amended, effective from the date of entry into force of
This law, but the conditions for contracting this gratuitous transfer
land or co-ownership to land under section 60a of the law No.
219/2000 Coll., as amended effective prior to the date of entry into force of this
the law, already meet the legal predecessor of the listed persons, proceed
According to section 60a of the Act No. 219/2000 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, the limitation period and the effects of the limitation, however,
be assessed continuously from the date when the right to free contract transfer
land or co-ownership to land could be done
for the first time.
PART THE THIRD
Amendment of the Act, to regulate certain relationships to the use of the assets of the Czech
of the Republic of
section 28
In section 1 (1). 2 of Act No. 1/2007 Coll., to regulate certain exploitation
relationship to the property of the Czech Republic, the words "and law No. 22/2006
Coll., ", the words" or of the provisions of § 60a Act No. 219/2000 Coll., on the
as amended, ".
PART THE FOURTH
The EFFECTIVENESS of the
section 29
This law shall enter into force on 1 January 2005. January 2014.
Zeman in r.
Samantha r in r.
1) for example, Decree No. 137/1968 Coll., on financial, credit and other
help the cooperative and individual housing construction, as amended by Decree No.
14/1969 Coll., Decree No. 160/1976 Coll., on financial and credit assistance
cooperative and individual housing construction, as amended by Decree No.
172/1980 Coll., Decree No 136/1985 Coll., on financial, credit and other
help the cooperative and individual housing construction and modernisation of
family houses in personal ownership, as amended.