Uptown Management Law

Original Language Title: Dzīvojamo māju pārvaldīšanas likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/193573

The Saeima has adopted and the President promulgated the following laws: law on the administration of houses in article 1. The terms used in the law, the law is applied in the following terms: 1) residential house-building, which put into operation and in accordance with the cadastral Affairs determine is a residential house (also housing estate House), including servicing the building (construction), the land on which they are situated, if the land with residential houses form a single real estate or include residential housing estate forming composition, or a building that is put into operation and in accordance with the cadastral Affairs determine is a residential house it belong to buildings (structures) and the associated land;
2) residential home owners, residential home owner or possessor of the residential home. Residential home owner is also an apartment property owner (hereinafter referred to as the apartment owner);
3) residential home manager-residential home owner or Manager;
4) assigned Manager — according to the requirements of this law for the municipality appointed residential home manager, which performs certain actions to manage in this House until its owner provides the administration of the House legislation set in order;
5) Manager and incapacitated minors-the natural or legal person on the basis of the contract to manage a residential home owner asked management activities;
6)-ground is linked to the land on which the property of another person in an existing building, which put into operation and in accordance with the cadastral Affairs determine is a residential house, and is the owner of the building to use.
2. article. The purpose of the law and order (1) the objective of this law is: 1) to provide residential service and maintenance (physical conservation throughout their lifetime) according to legislative requirements;
2) to promote the improvement of houses throughout their lifetime;
3) provide any residential home management continuity;
4) to save and develop the residential environment object aesthetic value, and with it the aesthetic value of the environment concerned;
5) Uptown during operation to prevent the public and environmental safety risks;
6) improve residential qualification of persons engaged in the management, to improve the management and effectiveness of the Organization of work.
(2) the law shall determine the Uptown management principles, management of the houses of the persons involved in the relationship, rights, duties and responsibilities, as well as national and local competence in this area.
3. article. The scope of the law, the law applies to all Uptown management regardless of who is the owner of the House, except in the cases provided by law.
4. article. Residential home management principles management principles in a private home are: 1) the continuity of management provides residential home use (quality) throughout its life saving;
2) as optimal management of working methods, including the choice of the optimal management of the residential home building spending in relation to residential home owner's solvency;
3) content and the services provided by a managed quality residential home use (quality) throughout its life saving;
4) individual safety or health violation is not permissible management process;
5) environmental conservation and improvement of the quality assurance management process.
5. article. Residential home Manager (1) residential home management (including residential home management decision making, business closings) is a residential home owner's responsibility.
(2) residential home management decisions housing estate House is taken in the apartment property.
6. article. Residential home manager action (1) residential home management include: 1) mandatory management activities to be carried out;
2) other management activities.
(2) mandatory management activities to be carried out are the following: 1) residential home maintenance (physical store) (maintenance) according to the requirements of the laws: a) residential home maintenance, b) sanitary heating, cold water and sewerage, as well as household waste, c) residential home, the equipment and communications monitoring, maintenance and routine repair, d) residential home environment object requirements for enforcement, e) residential home energy efficiency with the minimum requirements set for enforcement;
2) management planning, organizing, and monitoring, including: (a) the management of the work plan), including maintenance of the measures necessary for the preparation of the plan, a, b), where the annual budget preparation, project c) financial records of the Organization;
3) residential home things (Home Affairs) carriage;
4) agreement on use of the land associated with the closure of the land owner;
5) provision of information to the State and local authorities.
(3) other management activities are activities relating to the administration of the House and are carried out according to a residential home owner's will and financial solvency. These include the residential home improvement and development, and of the measures required for this purpose, the preparation of the long-term plan.
(4) the owner of the website Viendzīvokļ is not bound by the second paragraph of this article, paragraph 2.
(5) the Cabinet of Ministers issued the rules on the second paragraph of article 1, point "a", "c" and "e" are compulsorily referred the remaining residential home management activities, as well as on the procedures are planned and organized with residential home renovation and reconstruction.
7. article. Residential home costs of managing residential home management expenses (hereinafter management expenses) is based on the decision of the owner of the House, be sure to: 1) this law article 6, second paragraph, the following mandatory action management actions necessary expenditure (compulsory expenditure);
2 article 6 of this law) in the third subparagraph of the abovementioned management operations expenditure (hereinafter other residential home management related costs);
3) consideration for the management, if residential home management contract.
8. article. Home Affairs (1) home getting used for any thing Uptown.
(2) home in case the information contained in these sections to be: 1) residential home key documents-real estate law formal residential home (residential property) cadastral thing attached to determine the land boundary plan and the contract for the associated land use;
2) residential home owner (owners), the national residential home possessor, apartment owners (list);
3) technical documentation — residential home technical passport (plans, diagrams), project documentation, energopas and energoplān, the home of technical survey findings, etc.;
4) with residential home management related documents — residential home management contract the apartment owners associations, created a corporation or cooperative society statute or between the residential home of the management contract, a residential home owner (owners) the decisions taken, including the approval of the owners of housing decisions on management actions applicable contracts, management of workplans, budgets, reports, etc. (3) home thing is stored at a residential home owner, but if the House has several owners — at the Manager, if management contract provides otherwise.
(4) Home Affairs taking and escalation procedures established by the Cabinet of Ministers.
9. article. Residential home owner's responsibility for the administration of the House, including article 6 of this law the provisions of the second paragraph of the failure or improper performance of the residential home owner is liable in accordance with the procedure prescribed by law.
10. article. Residential home management task order Manager (1) residential home management activities or this law, laid down in article 6 activities of managing residential home owner can order Manager (hereinafter management task).
(2) residential home owner asks the Manager to manage the task of writing the concluding with their residential home management contract (hereinafter management contract). The owners of the apartment management contract concluded in accordance with the decision of the general meeting of the owners of the apartment, which was adopted the law on apartment property.
(3) asking Manager management task, a residential home owner's responsibility to ensure this task required funding.
(4) The management of contractual management task manager may receive remuneration (hereinafter referred to as the consideration for management).

11. article. Management contract terms (1) the legal relations of the Administration, in so far as they are not governed by this law, the provisions of the civil code are applicable on a mandate contract.
(2) the management agreement shall indicate at least the following information and conditions are: 1) the parties;
2) its residential home address, which is the task of the Administration;
3) Manager asked to manage the required actions according to this law, the second paragraph of article 6;
4) Manager asked the other according to the residential home owner will manage the activities to be carried out pursuant to article 6 of this law, third paragraph;
5) time limits and procedures, providing an overview of the management task, including the review of the management of financial resources;
6) the order in which Manager provides information on residential home owner;
7) questions that residential home owner appointed a Manager to make decisions for him, to contract for him, as well as to make payments and receive payments, represent the residential home owner in court;
8) with the task of managing the associated management costs, the amount of the determination and payment arrangements, with a separate indication of: (a) the question of compulsory expenditure), the determination and payment arrangements, b) with the administration of the House, including the living-home improvement and development expenditure, the determination and payment arrangements, c) for the administration of remuneration for, if the parties agree, as such, as well as the remuneration and payment arrangements;
9) the rules governing the administration of the House of the provision of related information to national and municipal authorities;
pārpilnvarojum, 10) if the parties agree on the task of managing the allure;
management contract amendment 11) and termination procedures;
12) of the management contract, the obligations and the procedure for the transfer of the case to the conclusion of the contract, amendment or termination of the case;
13) management contract expires;
14) Manager responsibility and joining the moment.
(3) a model agreement developed in the management of the Ministry of economy.
12. article. Of the management contract and the obligations in case of transfer (1) of the management contract, and transferable according to the transfer-acceptance Act. This Act is the management an integral part of the contract.
(2) by its Manager, the task of managing the residential home is the responsibility of the owner of the month, if management otherwise provided in the contract, to ensure the management task required recordkeeping, including: 1) Home Affairs or its individual documents;
2) residential home owner's decisions on matters relating to management;
3) other things under the management agreement.
(3) the expiry of the legal relations of the Administration, the Manager is obliged during the month if management otherwise provided in the contract, with the adoption of the Act of transfer — to transfer residential home owner: 1) in accordance with the second paragraph of this article he released records;
2) revenue and expenditure account for the transfer-acceptance Act specified day;
3) unspent savings (property, financial assets, including cash, etc.) to transfer — date of signing of the Act of adoption;
4) management for residential home owner means the resulting property and possession or use of the Manager of the transferred property;
5) to management the basic task for the residential home owner's obligations;
6) other liabilities and things under the management agreement.
13. article. Residential home manager's professional qualifications (1) the manager shall be entitled to perform management tasks in the apartment house has acquired a residential home to manage the necessary professional training and at least the fourth level of professional qualification certificate, except in the cases provided for in this article. If the Manager is a legal person, residential home managing the necessary professional training and at least the fourth level of professional qualification certificate requires that an employee of the legal person, who carries out the management contract management tasks assigned to the House.
(2) if the apartment building total area exceeding 1500 square meters, residential home managing the necessary professional training and at least a third the level of professional qualification certificate needed: 1) to the owner, who manages himself owned Uptown;
2) owner that authorized to perform management activities other residential home owners to civil law in accordance with the procedure laid down in the agreement concluded between the Foundation;
3) owner built residential home management company or employee of the society, as well as the management company or a member of the society, who performed the operation and even the management is a residential home owner.
(3) If the second subparagraph in cases referred to in the residential home owner is a legal person, the following home managing the necessary professional training and at least a third the level of professional qualification certificate required for this employee of the legal person who performs management functions.
(4) proof of professional qualifications don't need home viendzīvokļ Manager, as well as in cases where the total area of the apartment is less than 1500 square meters and can be managed: 1) even a residential home owner;
2) residential home owner, which is mandated to carry out management activities other residential home owners to civil law in accordance with the procedure laid down in the agreement concluded between the Foundation;
3) residential home owners built residential home management company or society.
14. article. Manager competencies (1) Manager in the management of the task assigned, the amount of the maintenance rules and procedures determined by the management contract. Performing management tasks, the Manager is responsible to follow the Uptown management regulatory and other requirements of law, as well as in article 4 of this law, certain residential home management principles.
(2) the Manager is responsible to provide a residential home owner in sight, a clear and full information on residential home owner binding regulations and consequential commitments, for the Manager's obligations arising from the management tasks, as well as at a residential home owner's request, on issues relating to the management of the task.
(3) the Manager is responsible in writing warn a residential home owner the necessary urgent measures to be taken in a private home protection from destruction, collapse or izpostījum, calculate these measures as well as the expected costs.
(4) the Manager is responsible to inform the owners of individual flats of the apartment owner's acts or omissions related to his apartment property and affects or can affect other apartment owners.
(5) the manager shall be entitled to give him the task of managing the necessary financial security.
(6) the owner of the private home savings building manager is not entitled to use: 1) its performance to cover losses;
2) residential home owner does not comply with obligations (debts incurred URu.tml.).
(7) uptown to alienate, pledge or encumber the rights to bring a lawsuit, do the roll, as well as make and receive payments Manager will be permitted only if it is intended to manage the contract.
15. article. Management work plan and report on the performance of the tasks of managing (1) With this statutory management work plan Manager in writing introduces residential home owners not less frequently than once a year.
(2) the Manager is obliged at least once a year, the management procedure laid down in the Treaty, to report in writing to the residential home owner on this statutory Manager to manage the tasks, including the review of the financial manager of the funds and property.
16. article. Manager liability (1) the manager shall be responsible to the owner for a private home to give him the task of managing in accordance with this law, civil law and in the administration of the concluded agreement.
(2) For non-compliance of the law, making the task of managing the manager responsible in the procedure prescribed by law.
(3) in the first and second parts, certain residential home manager responsibility occurs with the management contract.
Article 17. The task of managing the task of managing the allure allure to another person if they provide acceptable management contract.
18. article. Manager of the register

(1) any person who complies with this law Manager requirements and concluded by the management contract with the owner of the House, as well as apartment owners create company or association to which the general meeting of the owners of the housing decision itself manages a residential house, a month from the date of conclusion of the contract of managing the registered manager in the register (hereinafter also-register), submitting a registry officer statutory documents.
(2) the natural or legal person is entitled to register in the register of managers, even if the manager wants to offer services that meet the statutory requirements for the Manager, but has not received the task of managing and administering contracts not concluded.
(3) the Manager is not to be registered in the register of viendzīvokļ Home Manager, as well as the owner of the apartment house, which according to the provisions of this law, even manages to own residential houses with a total area of less than 1500 square meters.
(4) everyone has the right to consult the registry entries and documents submitted to the registry.
(5) taking and updating the registry, the registry submitted documents and their submission deadlines, as well as the registry of officials responsible for bringing down the Cabinet.
19. article. Manager news entered in the register (1) the entry in the register is a manager based on the person's application or a court ruling.
(2) the register shall record the following information: 1) Manager name or name;
2) Manager declared place of residence or registered office;
3) Manager services (transport and other technical services, 24-hour emergency service, etc.);
4) service area;
5) Manager, Manager, employee qualifications;
6) news of the Manager's employee who performs management operations directly in the House;
7) its residential home address where the Manager makes managing tasks, and to the administration of the concluded contract;
8) based news for Manager professional misconduct;
9) mark that Manager registry provided false statements that were the basis for his registration, or registration for the information found not to conform to reality;
10) mark on it that a judgment which has the force of res judicata Manager set ban on Manager professional activity;
11) news of the Manager's termination or liquidation;
12) other information, if it is directly provided by law.
(3) every entry is added to the date of the offence. Entry in the register shall be made on the same day when a decision on this entry.
(4) the decision on entry in the register, the refusal to make a record or entry in the register of official deferral shall adopt within three working days from the date of application or the date of receipt of the ruling.
(5) the decision on postponement of the entry particulars of defects.
20. article. Manager's removal from the register (1) the manager shall be excluded from the registry if: 1) received the Manager's application;
2) received information about the Manager justified termination or winding up.
(2) the decision on the removal from the registry Manager officer takes five working days from the application or the date of receipt of the ruling.
21. article. The appointment of a designated Manager (1) the appointment of the designated Manager may propose: 1) a person whose rights are infringed in relation to this Act or another with the Uptown management related legislation;
2) institution, the Uptown management regulatory law enforcement supervision.
(2) the administrative area municipality (hereinafter the municipality), making it a statutory function and pursuant to the procedure laid down in this Act, appoint a residential home manager appointed, if residential home: 1) the proprietor does not take management or in a private home is not asked to make a Manager and as a result there is a risk to human life, health, safety, property or the environment (risk);
2 managing it is made) that are hazards.
(3) a municipality is entitled to appoint a residential home manager appointed in accordance with the procedure laid down in this Act, if a residential home owner does not make a residential home or managing is not asked to do Manager and as a result can be hazards to human life, health, safety, property or the environment (hereinafter referred to as a possible threat).
(4) the municipality shall adopt a decision on the appointment of the designated Manager, if the above: 1) found the fact that the House is not performed in this law article 6, second paragraph, the specific actions or to manage any of them and as a result are hazards (the second part of this article), or may be hazards (the third part of this article);
2) residential home owner after this part of the facts referred to in paragraph 1 shall be sent without delay establish a written statement which: (a)) in the second case referred to specified time limit risks as imminent, warning about the appointment of the designated manager not prevention of hazards as well as warning about the possibility of refusing the binding rules for municipal assistance for residential home renovation or restoration, b) referred to in the third subparagraph, in the case specified in the deadline that preventable conditions that can cause hazard, and warning of the possibility of refusing the binding rules for municipal assistance for residential home renovation or restoration;
3) found that the time limit specified in the notice or the circumstances that can cause hazard, not resolved, and the owner does not also initiated measures to overcome it.
(5) the time limit for the prevention of hazards would be not less than three months. The municipality is entitled to: 1) set a shorter time limit for the prevention of hazards based on human life, health, safety, property or the environment;
2) extend the deadline if the owner of the House authorities after the time limit set in the notice of termination shall submit the information and supporting documents for the actions undertaken in order to prevent hazards or conditions which may present risks.
(6) the designated Manager be appointed: 1) in the second case referred to at the time, to avoid the risks referred to in the decision and a residential home owner or his authorized person initiating a residential home management;
2) referred to in the third subparagraph, in the case at the time, to avoid circumstances that can cause hazard, and a residential home owner or his authorized person initiating a residential home.
22. article. Decision on the appointment of the designated Manager (1) decisions of the designated Municipal Manager appointment (also local decision) indicates a hazard or potential hazard elimination period, the start of the day, the Administration Manager responsibilities, the amount of compulsory expenditure and reimbursement procedures managed House, Manager of the remuneration, as well as officials, who monitor the activities of the designated Manager.
(2) the municipality may appeal to the Court. The court filing does not suspend the operation of the decision.
(3) the decision on the appointment of the designated Manager of the municipality shall send to the designated Manager and residential home owner not later than within three working days following its adoption.
23. article. The designated Manager qualification On the designated Manager may appoint a person who corresponds to this law, in article 13, first paragraph, of the rules.
24. article. The designated Manager procedures for the selection of the Person who will perform the duties of the designated Manager, shall choose by applying the law in specific procurement procedures.
25. article. The designated Manager expertise (1) the designated Manager is responsible authorities within the time limit specified in the decision to prevent the living house existing or potential risks and simultaneously make this law article 6, second paragraph, the specific indispensable management activities to be carried out.
(2) article 27 of this law referred to in the third subparagraph of the living house tenants and tenants are obliged to pay the designated Manager of the municipal decision compulsory expenditure according to the space in use for the area, as well as the service charges associated with the use of the space.
(3) the manager shall provide the Designated national and municipal authorities of this law article 28, first paragraph specified with residential home management related information.
(4) the Designated Manager has no right to iemitin managed residential home residential and non-residential premises for new tenants (including tenant families) and the tenant, rent and lease to conclude contracts for space use.
(5) the Designated Manager within their competence, responsible for managing the activities of the non-compliance or improper.

(6) after the expiry of the municipal decision risks or prevention of potential hazard, the seconded Manager shall submit a written report to the municipality of work carried out and the means used.
26. article. The abolition of the designated Manager (1) decisions of the designated Manager of the cancellation of the municipality shall adopt, not later than one month after experiencing one of the following conditions: 1) over local government decision in the hazard or potential hazard prevention and risk in the decision or conditions that can cause hazard, avoid;
2) owner submits an application for the transfer of the administration of the House;
3) received the designated Manager was a supervisory official submission for the fact that the Manager does not meet or does not duly fulfil its tasks.
(2) the decision on the abolition of the designated Manager may appeal to the Court. The court filing does not suspend the operation of the decision.
(3) the decision on the abolition of the municipalities designated Manager sends the designated Manager and residential home owner not later than within three working days following its adoption.
27. article. Owner's competence in the designated Manager for the duration of (1) the designated Manager for the duration of the residential home owner is not entitled to perform the management actions that are within the competence of the designated Manager. The designated Manager for the duration of the period of time considered of municipal management in the decision the date of commencement and the date of entry into force of the decision of the local authorities on the designated Manager.
(2) not later than within three working days after the appointment of the designated Manager of the home owner is obliged to transfer them to the designated Manager of the residential home management related documents — Home Affairs as well as his disposable financial resources — and materiāltehnisko relating to the competence of the designated Manager.
(3) living in a House that is not divided into apartment properties, the designated Manager for the duration of the use of the legal relationship between the residential home owners and tenants or tenant is stopped (save area usage rights).
(4) the designated Manager is appointed, the residential home owner is obliged to pay the local authorities: 1) minimum expenditure, with the exception of this law, article 25 of the cases referred to in the second subparagraph;
2) the expenses incurred by the municipality, eliminating the hazards or potential hazards;
3 the designated Manager) remuneration for management.
28. article. With residential home management-related information (1) the State and local authorities regarding the exercise of their functions needed to manage a private home-related information, except for information that is available in the national integrated information system. The information is provided in a residential home owner or Manager, or assigned Manager within their competence.
(2) residential home owner and Manager in matters within their competence, are entitled to obtain from the State and local authorities for the management of a private home information.
1. Transitional provisions this law article 6, second paragraph it is mandatory to carry out under the administration of the activities in respect of the land associated with residential home owner makes until an agreement has been concluded with the owner of the land for the use and maintenance of the land.
2. Residential home use according to article 8 of this law, the requirements of getting used up to 30 June 2011.
3. Apartment house, divided into housing estate, home of the thing deposited with the Manager, if the apartment owners not specified otherwise. Apartment owners have the right to consult the Home Affairs without restrictions.
4. Management contracts in force this law enters into force, but does not meet the provisions of this Act, until 31 December 2011, with harmonisation of the provisions of this law.
5. Until 31 December 2011 management actions (tasks) apartment living in the House is entitled to take any person who acquired the residential home managing the necessary education and at least a third the level of professional qualification certificate, except that the transitional provisions referred to in paragraph 6.
6. Persons who before the entry into force of the law has entered into the Uptown management contracts are entitled to continue to perform in accordance with the Treaty obligations of the Manager admitted, regardless of whether this person meets the qualifications of article 13 of this law, but not longer than until 31 December 2011.
7. before the privatised national or local residential home management rights are transferred to the respective House apartment owner or apartment owner to the public with the mutual agreement of the authorised person, the Manager has the right to housing owner to enter into contracts on behalf of this law, article 6, paragraph 1, second subparagraph "b" referred to in the provision of services, as well as to go to court against the owner of the apartment for that service charges debt collection and administration costs for the corresponding part payment of debt recovery If at least one month in advance before the debtor is notified of the payment of the debt.
8. The Cabinet of Ministers until 2009 December 31 issue: 1) residential home health maintenance;
2) residential home, the equipment and communication survey, maintenance and current repair;
3), rules of procedures are planned and organized with residential home renovation and reconstruction activities;
4) rules on Home Affairs taking and escalation procedures.
9. The Cabinet of Ministers until 30 June 2010 issue rules governing minimum requirements for residential home energy efficiency.
10. The Cabinet of Ministers until 2011 January 1 issued rules on the Manager taking and updating the registry, registry deliverable documents, their submission deadlines, as well as officials responsible for the conduct of the registry.
11. This law, article 6 paragraph 1 of the second paragraph of the "e" in subparagraph shall enter into force on January 1, 2011.
12. Article 18 of this law shall enter into force on January 1, 2012.
The law shall enter into force on January 1, 2010.
The Parliament adopted the law of 4 June 2009.
President Valdis Zatlers in Riga V June 19, 2009, an editorial added: the law shall enter into force by 1 January 2010.