Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The administration and use of a common area of real estate and of a special benefit shall be in force as laid down in this Act.
This Act does not apply to the (37/1991) Of the Common Forest. This law shall not apply to the administration and use of any other common area or special benefit in so far as it is expressly provided for. (14.07.2000/686)
For the purposes of this Act, the common area refers to two or more areas within the meaning of the law.
A specific benefit is the right of two or more of the property to be used jointly in the territory of the other property, whether in the form of revenge, fishing or other land or water. Such a right of use, which is aimed at a common area but is not based on the ownership of the common area, is also considered to be a special benefit. The same applies to the fishing rights not belonging to the owner in the territory of the courtship. (14.07.2000/686)
Shareholders of a common area or of a special benefit are owners of real estate. The shareholders form a subcaste. In the fisheries sector (186/1982) The fishing condition referred to in Article 1 (1) shall apply to a sub-caste under this law. When the shareholders have several owners, they shall be considered together as the owner of this law. The joint owner of the share property shall be subject to the provisions relating to the shareholder only if so provided below. (22/2011/915)
Where, in addition to the owner, in addition to the owner, others have a right to fish, they shall be considered to constitute, together with the owner, a special interest group in which the shareholdings are determined according to the right to fish.
It is the responsibility of the participating Member State to provide for the management of the common area or of the common interest and the management of other matters relating to the region or benefits.
For the purpose of the operation of the sub-committee, the rules may be approved and adopted by the participating Member State ( Organised sub-group ). (22/2011/915)
Payments may be made to the shareholders for the use or management of a common area or of a common interest or for other necessary expenditure incurred by the participating Member State in order to make payments on the basis of the size of each shareholder's share or the rest of the share decided by the participating member. Fact.
The parish shall bear and be responsible for matters relating to the common area or the common specific benefit and may obtain the rights of their names and make commitments in order to carry out their duties under this Law.
The shareholders of the common area are not personally responsible for the members' obligations.
The shareholders'decision-making power is to be used by the shareholders' meeting. The statutes may stipulate that the decision-making powers shall be exercised by the representatives of the shareholders rather than the meeting of the shareholders.
Notwithstanding the provisions of paragraph 1, the shareholders may, mutatis mutandis, decide on a matter relating to the sub-caste if all the shareholders are in agreement.
At the meeting of the participating Member State, each shareholder has the right to vote. However, when the Chair of the meeting is elected and the voting list is adopted, one vote shall be taken at each meeting. Other decisions at the meeting may also be taken if the participants unanimously agreed. (22/2011/915)
For the joint-owned property, the voting rights shall be exercised jointly by the arriving co-owners. If the co-owners are not in agreement on the matter under discussion, each joint owner shall have only the voting rights corresponding to the proportion of his own.
Where a shareholder has given up the full share of his property in a common area or a common specific benefit, the beneficiary shall, on the basis of the share of the holding, acquire the shareholder's speech at the meeting of the shareholder of the shareholder, after the holding of the holding. Has moved on to him. If only part of the share referred to above has been given by the partner, the transferee shall, on the basis of the contribution he has acquired, be given a share of the shareholder's speech at the meeting of the shareholder of the shareholder, after he or she has been transferred or ordered by the real estate agent. In the form of a property belonging to the property, or in the form of a holding. However, the transferor and the transferee may agree on an earlier date for the transfer of power. (14.07.2000/686)
A meeting of the organised subcommittee shall be convened by the Management Board or the contractor.
A meeting of the organised sub-board shall be convened if the shareholders, representing at least one tenth of the total shares, are required to do so in writing.
A meeting of the non-organized subcommittee shall be convened by one of the partners. He shall also carry out other tasks relating to the organisation of the meeting.
If a partner does not wish to arrange for the convening and other organisation of a meeting of the non-organised sub-member state, he may ask the Land Measurement Agency to order an official of the Earth Measurement Agency, whose task is to: Carrying out the delivery of the property, ensuring that the meeting is convened and organised in the manner indicated by the shareholder. The performance of the tasks referred to in this paragraph shall be charged to the State in accordance with the provisions of the State Payment Act (150/1992) Provides. (13/03/98)
The shareholders' meeting shall be informed by a letter sent to all shareholders or by any other means of evidence. The call for meetings may also be made in such a way that the meeting is made up in one or more locations in a publicly dispersed newspaper, and shall be communicated by means of an envelope to the shareholders of the other municipalities whose address is known.
If two or more owners are jointly owned by each shareholder, a letter of invitation shall be sent to one of the co-owners. However, the letter of invitation shall be sent to all the joint owners who request the dispatch and to provide their addresses for that purpose.
The invitation shall be duly submitted when the letters referred to above have been posted and the notice published at least 14 days before the meeting.
The statutes of the organised subcommittee may stipulate that the meeting shall be communicated to the shareholders in any other reliable manner.
Only the issues mentioned in the notice of the meeting may be decided at the meeting of the shareholders.
The meeting shall be chaired by the person elected by the meeting.
A minutes shall be drawn up for the meeting, signed by the President and by at least one of them at the meeting.
Following the election of the President, a list shall be drawn up, indicating the shareholders present and the buildings they own and the size of their holdings (voting list). The voting list will be approved if the majority of the shareholders present support it.
At the shareholders' meeting, the shareholder may be represented by his agent. Save as otherwise provided in the statutes, no one shall be allowed to vote with a vote of more than thirty per cent of the common voting rights of the shareholders present. (14.07.2000/686)
The decision of the meeting shall be deemed to be the opinion of the majority of the votes cast. In the event of a tie, the opinion of the majority shall be determined by the main figure. If the votes are also equal, the result of the vote shall be the outcome of the vote by the President if he is a shareholder. If the President is not a shareholder, or when it is an election, the ticket shall be settled.
The decision of the subcommittee shall require that the decision should be supported by at least two thirds of the votes on the voting list and at least one third of the votes cast, if the decision is:
(1) for a period longer than five years for the sale or lease of a common area or of a common interest or part thereof;
(2) permanent modification of the intended use of the common area;
(3) amendment of the statutes of the subcommittee;
4) the inclusion of debt;
(5) the imposition of a fee to be paid by the shareholders;
(6) the adoption of an agreement on the integration of common areas or the integration of an area forming part of a common area;
(7) the allocation of shares units of the shareholders in a different way;
(8) the delegation of fishing activities to a fishing area; or
(9) the use of a common water area in any other way than by each partner or by the person legally using his fishing rights to fish in the water.
(14.07.2000/686)The decision referred to in Article 15 (2) (1) and (6) shall be submitted to the Court if any of the shareholders present in the meeting so require. The decision must be confirmed if it has been carried out in accordance with the law and does not cause financial damage to a shareholder who has not supported the decision. (14.07.2000/686)
The submission of a case may be brought before a court only after the expiry of the period referred to in Article 23 (1). Submission and the above action shall be taken together.
If the decision referred to in Article 15 (2) (2) concerns the conversion of a common area to a common forestry law (109/2003) (1), the decision shall be subject to confirmation by the forest centre concerned. The decision shall be established if the area is suitable for the pursuit of forestry as a common forest. The decision to establish a decision may only be settled after the expiry of the period referred to in Article 23 (1) in order to bring an action or a decision rejecting the decision to annul the decision by the Court of Justice Legal force. (14.2.2003/110)
At the Assembly's meeting, the representative shall exercise the voting rights in accordance with the sum of the sum of the members of the shareholders it represents.
The representative shall not be authorised to act as an agent at a meeting.
The assembly, convening and decision of the Assembly shall otherwise apply mutatis mutandis, as provided for in the Assembly and its decisions.
The statutes of the organised subcommittee shall state:
(1) the name and address of the sub-assembly and the common area or common interest belonging to the sub-fund;
2) the composition and duration of the treatment;
3) who has the right to write the name of the sub-caste;
(4) when the constituent meeting of the sub-board is to be held and the matters dealt with;
(5) the criteria for the fees to be charged to the shareholders;
(6) how to organise the management and financial control of the sub-member state;
(7) the financial year, which may not exceed four years, subject to Article 32b (2), and when the financial statements must be made; (14.07.2000/686)
(8) how to convene a meeting of the sub-board and other communications to the shareholders; and
(9) other elements necessary for the management of the affairs of the subcaste.
If, according to the statutes of the subcommittee, the decision-making power is exercised by a representative rather than a meeting of shareholders, the rules shall specify the number and duration of the representatives and their alternates and the way in which they are elected.
The statutes and the amendment of the rules shall be subject to the approval of the Regional Administrative Agency and shall enter into force once the decision to confirm the validity of the decision has been taken. The Regional Administrative Agency shall lay down rules if they are in accordance with the law and do not damage the shareholder. (31.1.2014/99)
The task of the department shall be to prepare and implement the decisions of the subcommittee and to carry out other practical activities.
The Management Committee shall exercise the authority of the sub-caste in the courts and other authorities and shall otherwise represent the sub-committee.
The statutes may stipulate that the Administrative Board may, instead of a meeting of the subcommittee, exercise decision-making powers in a matter of minor importance within the meaning of the statutes. (14.07.2000/686)
Unless otherwise specified in the statutes, there shall be a quorum when the Chairperson and at least half of the other members or their alternates shall be present.
The decision will be the opinion which the majority has supported or, if the votes go equally, the opinion to which the President is united.
Each member of the Management Committee shall have a personal reserve. The Management Committee shall elect a Chairperson and a Deputy Chairperson from among its members.
The shareholders' meeting may exempt a member or alternate from his/her term of office during his/her term of office and shall elect a new member or alternate member for the remainder of his term of office. If a member or alternate member of the Board of Management resiges or is permanently prevented from performing his duties, he shall be replaced for the remainder of his term of office.
The statutes of the sub-member state may stipulate that the shareholder shall have one or more offices, not only of the municipality or of the municipality. The contractor has to have an alternate.
If the shareholder has more than one supplier, the division of labour between them shall be laid down in the statutes of the participating Member State. If the shareholder has a caretaker instead of the municipality, the premises shall be valid, as provided for in Article 19 of the Management Board.
The provisions of Article 21 (2) shall apply mutatis mutandis and shall apply to the trustee.
A shareholder who considers that the decision of the sub-assembly, of a representative or of a municipality has not been born in the legal order or is otherwise contrary to the law or rules, is entitled to lodge a complaint against the Land In the district court within 60 days of the decision. However, in the event of a review pursuant to Article 23a, the shareholder shall have the right to bring an action against the Land court in the district court within 30 days of the notification of the decision to lodge a complaint. The right to lodge a claim is not a shareholder who, at the meeting, has contributed to the decision by giving it its support. (22/2011/915)
Where a decision has been taken, the court or tribunal may, before a final decision is taken, authorise the execution of the decision immediately if there is a specific reason for it and the enforcement does not render the appeal useless.
Notwithstanding the provisions of Article 23, a shareholder whose right to a decision shall be subject to a decision by an organised or representative body may, subject to a decision not to be subject to a decision, require the meeting of a member of the holding or a representative to rectify the decision by: , that the decision has not been established in the legal order or is contrary to the rules of the law, of the regulation or of the subsystem or violates his or her right.
The adjustment requirement shall be made within 21 days of the date of the decision. Within 30 days of the date on which the request for correction is made, the Administrative Board of the Organised Subcommittee shall convene a meeting of shareholders or representatives to examine the objection or decide, in the same time, that the request for an adjustment shall not be made available to the Or the Assembly of the Representatives. The Court of Appeal also has the right, within the same period, to settle an objection to a decision taken by the Municipality.
If an adjustment is not carried out, the applicant may criticise the decision by bringing an action against the Land court in the district court within 30 days of the notification of the decision to lodge a complaint.
The decision referred to in Article 16 (3) and Article 18 (3) shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Provides. The competent administrative court is the one in whose jurisdiction the main part of the common area is located. In addition, in the case of the decision referred to in Article 18 (3), the competent authority is the administrative court whose operative part of the tachograph is the main part of the territory of the buildings to which the common interest belongs.
An appeal to the decision of the administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.
If an unorganised shareholder has taken a trial, the shareholder is obliged to contribute to the costs of the proceedings at most by the amount corresponding to him as a shareholder in the proceedings. The advantage.
Where the participating Member State decides that a common area or a common specific benefit for a particular benefit is not initiated or not initiated, or unless the shareholder is otherwise responsible for the common area or common In the case of a particular benefit, court or other authority, the shareholder may, however, pursue an action or otherwise supervise the interests of the shareholder. What is to be won in the proceedings before or otherwise before the court or other authority shall be for the benefit of the fraternity. The other shareholders shall be obliged to contribute to the costs incurred in connection with the trial or the interests of the shareholder, up to a maximum of the amount corresponding to the benefit of the proceedings or of the exercise of the interest. (14.07.2000/686)
Notwithstanding Article 24, the shareholder shall have the right to exercise his or her share of the right to speak at his own expense, without prejudice to Article 24, in the case where the shareholder is a party to a court or other authority.
Where the participating Member State is organised, the summons or other declaration shall be deemed to have been submitted to the participating Member State when it has been notified to any member of the treatment or premises.
An organisation which is not organised may be challenged Article 14 of Chapter 11 of the Court of Justice In accordance with paragraph 1.
Unless otherwise specified elsewhere, the notification may be communicated to the non-organised subcommittee in accordance with the procedure for service of the challenge.
The meeting of the non-organised sub-board or all the shareholders may, by decision, authorise the representative of one or more shareholders or other persons to receive and bring to the sub-county subparagraphs 2 and 3. Of the European Union.
A common area or a common specific benefit may be foreclosed on the debt of the participating Member State. The exit shall be subject to the foreclerosis laid down for the forecluse and sale of immovable property.
A decision of the meeting of a meeting of shareholders shall not confer any undue advantage on any shareholder or other shareholder, at the expense of the shareholders or shareholders.
A shareholder shall have the right, unless otherwise decided by the shareholder or otherwise provided in the statutes of the shareholder, to use the common area in the light of its intended use, taking advantage of the fact that it does not prevent other Shareholders in a similar way from using the area. If, for the purposes of the use of the territory of all shareholders, it is not possible to take advantage of the region's needs to a similar extent, the use of the territory shall be arranged in proportion to the proportions agreed or decided by the sub-committee.
Subject to the decision, rules or other law of the Subcommittee, the consent of the shareholder may be obtained without the consent of the other shareholders or the permission of the participating Member State to exploit the common area in a different way or to take advantage of the territory of the region , in cases where it does not cause any harm or disturbance to the other shareholders or to prevent them in a similar manner from using the territory in proportion to their participation.
Where a measure is required for a measure referred to in paragraphs 1 or 2, or a measure is required by another law, the shareholder shall have the right to initiate the authorisation.
In the absence of a meeting of the members of the Board or of the assembly which, in accordance with the rules or decisions adopted at the meeting, is to be convened during the prescribed period, the shareholder or Member of the representative shall have the right to submit an invitation to the At the expense. The same shall apply to the convening of a meeting which has been requested in accordance with Article 9 (2), unless the invitation has been submitted within three weeks of the request for the meeting to be submitted to the treatment or premises.
If a shareholder is required to inform the meeting or to make a request referred to in Article 10 (2), or for any other reason, he has had to put his own funds in order to deal with the matter, he shall have the right to reimbursement. From the sub-state.
If a shareholder has manifestly wrongly convened a meeting of the Land Assembly, the costs of the meeting shall be borne by him.
The member of the court, the contractor and the member of staff of the member state shall be liable for the damage which he or she has committed intentionally or negligently to the sub-caste. The same shall apply to this law or to the rules of the Bundesgarrison by breaking the damage caused to the member of the participating Member State.
As regards the settlement of damages and the distribution of liability between two or more liable parties, the (412/1974) Chapters 2 and 6 Provides.
The compensation for damage caused to the sub-caste may also be brought before the court of the Land of the Subcommittee.
The sub-fund may acquire a share of the share property in a common area or a common benefit. The share acquired shall be connected to the participating buildings in proportion to the proportion of the contract in force in accordance with the provisions of the (554/1995) The transfer of the share or benefit from one property to another. The transfer may be carried out even if one of the shareholders is located in another municipality.
The Equity Board may acquire ownership of the common area of the property or destination. The integration of the property and the sector into the common area is laid down in Chapter 13 of the property formation law. (22/2011/915)
Where the share of a common area or of a special benefit is organised in the manner provided for by this law, the remuneration for the common area or for a single specific benefit shall be paid to the sub-fund.
The compensation referred to in paragraph 1 shall be paid to the shareholders of the non-organised members if the shareholders are known and the compensation is significant. However, the compensation shall be paid to an unorganised sub-member if the compensation is minor, or the amount of the compensation for the settlement of the share of the share of the payments or the cost of the payment is obviously high. If the Land has not taken a decision on how the compensation is to be paid, the compensation shall be deposited with the regional administrative office. If the deposited compensation is not raised within 14 days, the regional administrative office shall deposit the amount of the compensation to the bank to account for that purpose and the deposit shall be carried out in accordance with the provisions of: On deposit in the form of payment or exemption from other performance law (19,1931) Provides. (22/2011/915)
The compensation shall be paid to the sub-fund after the members of the participating Member State, organised or at their meeting, have decided to withdraw the compensation and to appoint an agent for the performance of the task. Before the compensation has been paid to the sub-fund, the regional administrative office shall pay the share of the remuneration of the non-organised member state if the shareholder presents a reliable explanation of the amount. (22/2011/915)
If the compensation paid to the sub-fund is distributed to the shareholders, each partner shall be personally responsible for the return of the funds it has raised with interest, in the event that the funds are made on the basis of a commitment, a judgment or any other equivalent Return to the payer or to whom his or her rights have been transferred. Such a fee shall be charged to the shareholder in the same order as the shareholder.
The financial assets of the participating Member State shall be deposited in an account opened on behalf of the sub-fund in the bank if the shareholders, whose aggregate shares represent at least 10 % of all shares, are required to do so. The important financial transactions of the member state must be managed through the Bank.
If the participating Member State is not an accounting law (136/1997) , and where the shareholders do not agree unanimously otherwise, the documents, supporting documents and correspondence relating to the revenue and expenditure of the participating Member State shall be kept at least six years from the end of the year during which The financial year has ended, arranged in such a way that the link between the supporting documents and the recordings can be ascertained without difficulty.
A member of a shareholder who carries out such a business or professional activity, on the basis of which the shareholder is responsible for accounting purposes, is subject to the rules laid down in the accounting law.
The shareholder shall have the right to consult the shareholders' accounts and other documents relating to the activities of the participating Member State. The shareholder is entitled to use the assistant and the right to obtain copies of the accounts and other documents. In that case, the shareholder shall be entitled to reimbursement of the costs incurred by the shareholder for the reproduction and transmission costs incurred by the shareholder.
The rules of the subcommittee shall be sent to the Measurement Department and to the Office of the Regional Administrative Board, showing the information referred to in Article 18 (1) (1) and (2). Likewise, the Land Measurement Institute and the Regional Administrative Agency shall be sent information on the Chairperson and the Vice-Chairperson or the Deputy Chairperson of the Administrative Board and of his/her deputy and their addresses.
If the whole of the common area is to be redeemed or distributed between the shareholders' real estate or by means of an outlet or otherwise by a decision of the sub-assembly for the benefit of the shareholders, all the debts of the participating Member State shall be payable, and the sub-caste shall be deemed to: When its debts have been paid off. If all the creditors of the sub-county are not known to the members of the sub-fund, the shareholders shall take a public challenge to the unfamiliar creditors. If the assets of the sub-member are greater than the creditor and the legal relationships between the members of the subcaste, the surplus shall be allocated to them in accordance with the shares of the shares in the shares.
Where the common area in accordance with paragraph 1 has been redeemed, divided or sold, the municipality or contractor or, failing that, one of the shareholders shall notify the Land Measurement Department of the dissolution of the sub-assembly within 45 days of the Debts have been paid. (13/03/98)
Paragraphs 1 and 2 shall apply, mutatis mutandis, to the subdivision of the common area of the common area, where applicable, the share of the common special benefit if the common speciality is divided between the real estate holdings or disbanding.
More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.
This Act shall enter into force on 1 September 1989 and repeal the Act of 9 May 1940 on certain common areas and of the benefits comparable to them. (204/40) With its subsequent modifications.
Before the entry into force of this Act, measures may be taken to implement the law.
Where, prior to the entry into force of this Act, the administration of a common area or of a special benefit has been organised on a permanent basis in accordance with Article 7 of the Act on a number of common areas and comparable benefits, such an area or The shareholders shall constitute the organised sub-group within the meaning of this law. The provisions of this Act shall be governed by the provisions laid down in this Act, subject to the provisions laid down in the Statute.
If, before the entry into force of this Act, the shareholders have agreed on the management of a common area or a common interest, the Agreement shall remain in force.
Where the law or regulation has referred to a law which has instead become a provision of this law, the provision of this law shall apply.
HE 22/89, ltdh. 10/89, svk.m. 59/89This Act shall enter into force on 1 January 2001.
Where, at the time of entry into force of this Act, the shareholders of the common water area are organised, both in the form of a joint venture and as a fishing vessel in accordance with the fishing law, the rules of the sub-area of the Joint Committee shall cease to be valid, and The members of the fishing community shall be subject to the rules of the fishing community until they have been amended to comply with the provisions of the Common Regional Law. However, in so far as the rules are incompatible with the Common Regional Law, common law is observed.
In the case referred to in paragraph 2, the board of directors of the fishing municipality shall continue the management of the sub-assembly of the common water area until the members of the local council are elected.
THEY 198/1999 MmVM 6/2000, EV 70/2000
This Act shall enter into force on 1 March 2003.
THEY 240/2002 , MmVM 13/2002, EV 248/2002
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 October 2011.
THEY 265/2009 , MmVM 28/2010, EV 307/2010
This Act shall enter into force on 1 January 2014.
THEY 68/2013 , MmVM 7/2013, EV 102/2013
The entry into force of this Act shall be regulated by law.
THEY 121/2013 , MmVM 17/2013, EV 186/2013
