Apartment Ownership Act

Original Language Title: Dzīvokļa īpašuma likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/221382

The Saeima has adopted and the President promulgated the following laws: the apartment property Act Chapter I apartment property article 1. The task of the Law the law is to define the status of property, housing the apartment owner's rights, duties and responsibilities, as well as apartment owners togetherness competence and decision-making procedures.
2. article. Apartment property and its composition (1) the property is residential dwelling house legally separate independent real estate.
(2) apartment property as the case community consists of separate property and the joint ownership of the fractions. Apartment property constituting the separate estate and shared ownership of legal thought are indivisible.
(3) in respect of the property, in so far as the housing is not regulated by this law, the provisions of the Civil Code apply. 927. The Civil Code article on apartment property apply to the restrictions provided for in this Act.
3. article. Separate estate (1) Separate estate is a residential house in būvniecisk sealed and isolated functional area or areas, as the apartment, not residential premises or the artist's workshop highlighted building cadastral trying.
(2) Separate property elements are: 1) the room or space within the existing group of constructive non-load-bearing, the load nožogojoš and finishing elements (including the internal partitions, ceilings, floors and walls, doors);
2) inženiertīkl and utilities to shared ownership riser;
3) services elements (including kitchen equipment, ventilation equipment, toilet, shower and bath equipment), which owned the existing residential home part elements can function independently;
4) separate property defining Windows and doors.
(3) Separate property in addition to the composition can also be outside the space or spaces in the existing group and its associated utility room and functional inadequacy or parts thereof that are not functionally related to shared ownership of the existing residential home or other separate property.
4. article. In the joint ownership of (1) existing share joint ownership includes: 1) residential home and the outdoors (Gallery, balcony, balconies, patio) in external containment structures (including walls, architectural elements, roof, sharing rooms, Windows and doors, including door), internal load bearing construction (including the load-bearing walls and columns, as well as individual property containment wall), intermediate floors (including heat and sound insulation layers), shared facilities (including loft , stairwell, cellar), as well as the Uptown service utilities systems, equipment and other residential home service related functionally indivisible elements that do not belong to a separate property (including property within certain existing heating elements if the functional depends on shared ownership of existing utilities);
2) dwelling outbuildings and structures, with the exception of article 3 of this law referred to in the third subparagraph;
3) land on which the House if it does not belong to another person.
(2) the ownership of part of the Civil Code applies Article 1067-1072. 1068. The civil code, the provisions of the first paragraph shall apply to the extent that this law, article 17 of the sixth, seventh, eighth, and ninth, unless otherwise defined in this part.
5. article. Shared ownership fractions (1) apartment property in joint ownership within the suspected part is separate property, relative to the total area of all of the separate living house property in total area.
(2) a change to separate the property common area, also changes accordingly in each apartment property in joint ownership of fractions, except the third part of this article in a specific case.
(3) the second paragraph of this article shall not apply to cases where a separate property the total area changes occurred, making the reconstruction, renovation or restoration of a separate property.
6. article. Apartment property and establishment (1) apartment property can be created by law, the judgment of the Court of Justice, deals, including probate, or home owner's decision. Apartment property breaks a in accordance with the provisions of the law on land registry record Uptown with its inadequacy, among the peoples of Europe, fostering structures and land.
(2) the apartment property is set to the recording it in the land.
7. article. Apartment sunset apartment property property is terminated, if it was destroyed or converted into other property at the law, the Court's decision, including the decision of the owners of the apartments or wills.
Chapter II the apartment owner, his rights, duties and responsibilities article 8. (1) the owner of the apartment the apartment owner is the person who obtained the apartment property and property rights strengthened in the land.
(2) to the land registry for registration of property housing the apartment property: all this law refers to the rules governing the apartment owner's rights, duties and responsibilities, with the exception of statutory rights that the apartment property obtained after acquiring the property in the land register.
9. article. The apartment's owner's right to the apartment owner with respect to the apartment property is complete can right, including the right to: 1) control and use the apartment property, obtain from it, use it at the discretion of property propagation and generally use it in any way, as long as the owner of the housing without prejudice to laws and in so far as this does not disturb the other apartment owners;
2) dispose of, including the gifted, residential property;
3) to pledge or otherwise encumber the rights apartment property;
4) put the apartment property in the use of other persons;
5 iemitin the apartment ownership) family members and other persons;
6) to participate in the management of a private home;
7) use the existing joint ownership part, so far as restrictions on does not set this law adopted in the decision of the owner of the apartment community.
10. article. Obligations of the owner of the apartment the apartment owner is obliged: 1) to participate in the management of a private home;
2) to cover the residential home costs of administering this Act, in accordance with the procedure laid down in article 13;
3) pay for services received, which are related to the use of the apartment property (for example, heating, cold water, sewage, household garbage);
4) pay on housing property applied taxes;
5) to pay the rent for the land use, if the House is located on land belonging to another person;
6) gently treat the joint ownership part, to comply with the terms of use, as well as specific legislation on health, fire safety and other requirements, in order to avoid infringing other people's safety and health, environmental quality, and ensuring that the rules and comply with the requirements of the person who iemitināt in his apartment;
7) enable apartment owner or Manager of venture professionals authorized to take possession of the apartment steps required with residential home into communication, building structures, and other elements of installation and normal functioning, as well as to ensure the possibility of tracing the individual property;
8) to meet the owner of the apartment community decisions.
11. article. The apartment's owner's right to reconstruct, to restore or reconstruct the apartment property (1) the owner has the right to Housing without with other apartment owners, but subject to the regulatory requirements, to reconstruct, to restore or reconstruct (retrofit) separate property, as long as it does not affect the beneficial ownership of shares or other housing estate.
(2) the apartment owner is entitled, subject to the requirements of the law, to retrofit some property in norobežojošo Windows and doors without coordination with other apartment owners, unless the owner of the apartment community has decided otherwise.
(3) if the alteration affect individual property in joint ownership part, apartment owner must get the consent of the owner of the apartments of this law of togetherness.
(4) If a separate property alteration affects the other separate estate, apartment owner must get the consent of the owner of the apartment.
12. article. Apartment owner pre-emption (1) disposal of an apartment property, another residential home apartment owners is not pre-emptive and redemption rights, except where the owner of the apartment community of it acted in accordance with the procedure laid down in this Act and the land register checked for the existence of the right of pre-emption.
(2) a pre-emption shall be implemented in accordance with the procedure laid down in the civil code.
13. article. Residential home costs of administration

(1) the owner of the Apartment according to their apartment property in joint ownership fractions for about to the owner of the apartment shall be borne by the community's decision to base the expenditure defined mandatory residential home to management activities, as well as apartment owners determine the remuneration of the Manager of togetherness for the management of a private home if residential home management contract.
(2) the owner of the Apartment according to their apartment property in joint ownership fractions for about to the owner of the apartment shall be borne by the community's decision to base the expenditure defined another residential home management activities, which provides residential home improvement and development, promoting optimal management costs of building them and refers to: 1) owned the existing residential home items, equipment or communications replacement, which reduces home maintenance costs;
2) measures that result in reduced costs for services related to the housing estate.
(3) Accept the decision referred to in the second subparagraph, the apartment owner community assesses the documents justifying the cost effectiveness of operations in accordance with the second paragraph of article 1 and paragraph 2.
14. article. Apartment owner's liability (1) the owner of an apartment for breach of other apartment owners or other persons responsible for legislation, the owner of the apartment community decisions or contracts concluded.
(2) If the owner of the apartment to cover losses not other property, civil procedure law may be directed to the recovery of the housing estate, while displaying the owner of the apartment, she and other members of the family's apartment in the iemitināt property.
(3) the apartment property may be forfeited to the civil procedure law, while displaying the owner of the apartment, she and other members of the family's apartment in the iemitināt property, if the apartment owner, his family member or another person in the apartment property in iemitināt violates the laws and requirements relating to the use of property, dwellings including sanitary and fire protection standards and thus causing injury to other people's safety or health, the quality of the environment.
(4) a claim for the expropriation of apartments in the third part of the cases may bring every apartment owner.
Chapter III apartment owner community article 15. Apartment owners community (1) the owner of the Apartment community is the administrative organ of the residential house, separated housing estate.
(2) the owner of the Apartment community is made up of all the apartments in the residential home owners.
(3) If a residential house in the housing estates owned by one person, it is a statutory housing owner community rights and obligations.
16. article. Apartment owners in the competence of the Community (1) the owner of the Apartment community is entitled to decide any question relating to the joint ownership of the shares. The owner of the apartment community, concluding the contract, may authorize another person to decide among competence, except for in the second paragraph of this article, these issues.
(2) only the owner of the apartment community is entitled to decide on: 1) part of the transformation in joint ownership (increase, decrease);
2) use the existing joint ownership part of the apartment for the owner;
3) apartments owner pre-emptive rights and abolition;
4) mandate going and withdrawal;
5) use rights aprobežojum;
6) part in the joint release of;
7) part in joint ownership management form;
8) some or all of the activities of managing residential home stage manager;
9) residential home management costs and payment arrangements;
10) other matters which the apartment owner community determined to belong to the apartment owners only togetherness.
(3) the owner of the togetherness of the housing decision is binding for every apartment owner, if the votes cast "for" apartment owners representing more than half of the residential house in the housing estates, except in cases where article 17 of this law provides for another decision the necessary number of votes or more require the number of votes determined by the same owners of the apartment community.
(4) the Court, on the basis of the application of the owner of the apartment, apartment owners may find togetherness decision void, if the decision or its adoption procedure is contrary to the provisions of this law. The action may be brought within three months from the date when the person concerned knew, or should have to know about apartment owner togetherness decision but not later than one year from the date of the decision.
Article 17. Apartment owner togetherness decision-making conditions (1) when the owner of the apartment community, each apartment owner has the number of votes the housing property he owned.
(2) If the owner of the apartment one owns more than half of the residential house in the flats, a vote he has 50 percent of the votes from all the votes of the owners of the apartments.
(3) If the apartment property owned by two or more co-owners, they empowered one person to represent all apartment owners and a vote has one vote.
(4) the owner of the Apartment, empowering another person to represent his interests in housing owners in the sense presented in writing to the authority.
(5) for the adoption of this law, in article 16, the second paragraph of point 1 and 2 of these issues, you need to vote "for" all owners of flats.
(6) for the adoption of this law, in article 16, paragraph 3, second subparagraph of the said establishment, rights of pre-emption is required to vote for all apartment owners. To make a decision about a pre-emptive rights in the land, the deletion tags need to vote "for" the apartment owners who represent more than half of all housing estates.
(7) to the adoption of this law, in article 16, paragraph 4 of the second paragraph of these issues, you need to vote "for" the apartment owners, representing at least two thirds of all housing estates.
(8) for the adoption of this law, in article 16, paragraph 5 of the second part of the questions referred, it is for the water, sewer and public electronic communication network installation, construction or moving, you need to vote "for" the apartment owners who represent more than half of all housing estates. Use rights aprobežojum due to heat, electricity and gas supply and installation of equipment installation, installation, operation and development of the Energy Act and other legislation.
(9) for the adoption of this law, article 16, second paragraph, 6, 7, 8, 9 and 10 in paragraph questions, need to vote "for" the apartment owners who represent more than half of all housing estates.
18. article. Apartment owners in venture decision-making procedures (1) the owner of the Apartment among the decision-making procedures and the type of apartment owners determine the community, subject to the provisions of this law.
(2) the owner of the Apartment community for their competence in questions decisions can be taken in the following way: 1) at a general meeting of the owners of the dwelling (art. 19);
2) without holding a general meeting of the owners of the apartment — in the form of the survey (article 20);
3) otherwise by mutual agreement (art. 21).
(3) any decision of the togetherness of the owners of the apartments have the same legal force does not matter where this referred to in the second subparagraph of article types they accept.
(4) the owner of the Apartment community you can determine which issues to be decided in a general meeting of the owners of the apartments only.
(5) all apartment owners among the decisions expressed in writing.
19. article. A general meeting of the owners of the apartments and procedures (1) the general meeting shall be convened by the owners of the Apartment after one or more apartment owner or Manager of the apartment owners ' initiative of togetherness.
(2) The general meeting of the owners of the apartments not later than one week before the writing or other apartment owner togetherness in the order that each apartment owner. The invitation shall specify the meeting venue, time and agenda.
(3) the general meeting of the owners of the Apartments is valid if it participates in the apartment owners who represent more than half of all housing estates. If the general meeting fails to determine the number of the apartment owners, the general meeting is deemed not to have occurred.
(4) the apartment owners who come to the general meeting of members registered in the registration list.
(5) the general meeting of the owners of the Apartment is the Manager of the general meeting and elected a new Secretary.
(6) the order in which the sasaucam of the general meeting of the owners of the apartments and they form the decisions taken and protocols, determine the owner of the apartment community.
20. article. The apartment owner, togetherness, making decisions without holding a general meeting of the owners of the apartments

(1) the apartment owners have the right to make decisions without holding a general meeting of the owners of the apartment — in the form of a survey, if one of the owners of the apartment community, not that the subject matter be decided only at a general meeting of the owners of the apartments.
(2) where a decision is adopted without holding a general meeting of the owners of the apartment — in the form of a survey Manager or other apartment owner of communion to someone each apartment owner send a written decision on the draft statement of the issues and documents relating to the adoption of the decision, and the period within which the apartment owner in writing can vote "for" or "against" the adoption of the relevant decision. Period may not be less than two weeks after the sending of the draft decision. If the apartment owner is not provided within the time limit set in the written response, considered that he voted against the decision.
(3) the results of the vote for a Manager or other apartment owner of communion to someone prepares a voting protocol and five working days, send them all the apartment owners. Voting protocol specifies: 1) of the draft decision and the date of the transmission housing owners voting deadlines;
2) decisions and the results of the vote;
3) after the request of the owners of different opinions;
4) other significant news on the vote.
(4) if any of the apartment owners so request, the Manager or other apartments owners feeling someone displays the rest of the apartment owners ' vote results.
(5) the order in which the owner of the apartment community takes decisions without holding a general meeting of the owners of the apartments, in the form of a survey determines the apartment owner community.
21. article. The apartment owner, togetherness, otherwise decisions by mutual agreement (1) on the apartment owners ' decision is acceptable to the togetherness of all apartment owners in mutual agreement.
(2) where a residential house in apartments owned by one person, it shall be considered the owner of the apartment community.
Transitional provisions with the entry into force of this Act invalidates the law on apartment property "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1996, nr. 1; 1997, no. 4; 1998; 2001, 23., 24. no no; 2004, nr. 9, 2009 24. no).
The law shall enter into force on January 1, 2011.
The law in the Parliament adopted the 2010 October 28.
President Valdis Zatlers in Riga of the 2010 November 17.