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Law No. 145 Of 27 July 1999 Amending And Completing Law No. Home 114/1996

Original Language Title:  LEGE nr. 145 din 27 iulie 1999 pentru modificarea şi completarea Legii locuinţei nr. 114/1996

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LEGE no. 145 145 of 27 July 1999 to amend and supplement the Housing Law no. 114/1996
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 439 439 of 9 September 1999



The Romanian Parliament adopts this law + Article 1 Home Law no. 114/1996, republished in the Official Gazette of Romania, Part I, no. 393 of December 31, 1997, with the amendments made by Government Emergency Ordinance no. 44/1998, amend and supplement as follows: 1. Article 5 shall be supplemented by paragraphs 3 and 4 with the following contents: " They are exempt from T.V.A., with the right to deduct it, the construction of housing, the consolidation and rehabilitation of existing homes, realized under the conditions of par. 1 1 and 2 of this article, of art. 6 6 and 7, art. 20 20, 50, 55, 62 and art. 63, as well as the construction of the rehabilitation, consolidation and extension of housing, except for the holiday houses whose funding is carried out through credits granted by the National Housing Agency, established under Law no. 152/1998 152/1998. The works on the buildings and land necessary for the construction of housing, except for the holiday houses made through the National Housing Agency, are of public utility. " 2. Paragraph 2 of Article 7 shall read as follows: " Persons from the categories mentioned in lett. a)-d) may benefit from a subsidy from the state budget, within the limits of the annual budgetary provisions, in relation to the average monthly net income per family member, up to 30% of the value of the dwelling calculated at its final value, as well as of payment in monthly installments, for 20 years, of the difference from the final price of the home, after the subsidy has decreased and the mandatory minimum advance of 10% paid by the contractor, from the value of the dwellings calculated at the date of contracting. " 3 paragraphs 3 and 4 of Article 7 shall be repealed. 4. Article 13 shall be supplemented by paragraph 2 with the following contents: "Undistributed or uncontracted dwellings until completion can be sold under the legal provisions." 5. paragraphs 1 and 5 of Article 20 shall read as follows: " The House of Savings and Consemnations will grant loans to individuals of Romanian citizenship, domiciled in Romania, for the construction, purchase, rehabilitation and repair of the capital of personal property, whose built areas do not exceed the limits contained in Annex no. 1, for a maximum of 20 years. The loans are granted with an interest equal to that granted by the House of Savings and Consemnations to the term deposits of the population, plus a margin of 5 percentage points and shall be borne: a) 15%, by the credit beneficiary; b) the difference, up to the total level of interest, including the interest margin, from the state budget, within the limits of the provisions approved annually with this destination in the budget of the Ministry of Public Works and Spatial Planning. .......................................................................... At the constituted warehouse, the House of Savings and Consemnations will bonus an interest equal to that incurred for the one-year term deposits. The deposit will not be returned before the full repayment of the credit and can be used for the refund of the last tranches of the loan, within the limits of the amount of the deposit constituted. " 6. Article 20 shall be supplemented by paragraph 9 as follows: " The provisions of this article may benefit, in order to terminate the construction works, also the persons who bought, according to the law, dwellings in different stages of execution, located in blocks started before 1990 and unfinished. " 7. Article 27 shall read as follows: "" Art. 27. -In case of final leave of residence by the holder of the lease or death, as well as in the case of the contract holder, non-resident, who, without being posted, has not used the home for more than 2 years, without interruption, the rental continues, as applicable: a) for the benefit of the spouse, if he lived with the holder; b) for the benefit of the descendants or the ascendants, if they have lived with him; c) for the benefit of other persons who have had the same domicile with the holder for at least one year and who have been entered in the lease. In the case of several applications, the benefit of the lease is ordered by court decision. In the absence of people who can request housing, according to para. 1, the lease shall cease within 30 days from the date of leaving the domicile by the holder of the contract or from the date of registration of the death or from the fulfillment of the 2-year term of uninterrupted non-use of the home. " 8 8. The letter b) of paragraph 2 of Article 34 shall read as follows: " b) to carry out the necessary formalities in the employment of contracts with service providers for the operation and maintenance of the building, to carry out and pursue the 9. Paragraph 2 of Article 35 shall read as follows: "For this purpose the owners may be constituted in associations with legal personality." 10. Article 35 shall be inserted after Article 35 with the following contents: "" Art. 35 35 ^ 1. -The owners association has a priority real estate privilege on apartments and other premises, property of its members, as well as a privilege on all their movable property, for amounts due by way of title. contribution to the common expenses of the building with several apartments and/or spaces with a destination other than that of dwelling, after the costs due to all creditors in the interest of which they were made. The privilege is entered in the real estate advertising register of the court, at the request of the president of the owners association, based on the extracts on the monthly payment lists of the contribution quotas resulting from the amount due, if the claim represents a backlog of at least 3 months. The privilege is radiated at the request of the legal representative of the association or the owner, based on the receipt or another inscribed by which the association confirms the payment of the amount Real estate advertising operations relating to the privilege referred to in paragraph 1 and 2 shall be exempt from stamp duty. ' 11. Paragraph 1 of Article 42 shall read as follows: " They have access to the social housing, in order to rent, families or people with an average net monthly income, made in the last 12 months, at least 20% below the level of monthly net income per family member or, as the case may be, per person, established according to Art. 8 8 para. 2 2. " 12 12. The letter d) of Article 48 shall read as follows: "d) hold, as a tenant, another dwelling from the state housing stock." 13. Article 56 shall be supplemented by paragraph 2 with the following contents: "Housing of free necessity can be temporarily constituted as a social housing fund." 14. paragraphs 2 and 3 of Article 58 shall read as follows: " Official residences of persons referred to in par. (1) shall be assigned by the Government and shall be made available to them, together with the related facilities, during the exercise of the function, by the Regia Autonomous lt; lt; State Protocol Heritage Administration gt; gt;. The list of buildings with official residence destination, as well as the other protocol dwellings and the conditions that they must meet, including those of endowment and comfort, shall be established by Government decision. " 15. Article 59 shall be supplemented by paragraphs 4 and 5 with the following contents: " The protocol dwellings are located only in buildings with low number of apartments intended for this use. The areas of the protocol housing will be at least 30% higher than those set out in Annex no. 1, which forms an integral part of this law. " 16. Article 62 shall be supplemented by paragraph 4 with the following contents: " Housing made according to the provisions of Government Ordinance no. 19/1994, for which no repartitions have been issued and no pre-contracts or sales contracts have been concluded until their completion, can be distributed and contracted under the conditions provided in art. 7 7 and 10. " 17. Article 69 shall read as follows: "" Art. 69. -The owners in the buildings with several dwellings in private or mixed property, constituted in housing associations according to Law no. 5/1973 on the administration of the housing stock and the regulation of the relations between the owners and tenants, shall be reorganized into the owners 'associations, in accordance with the Framework Regulation of the owners' associations, contained in Annex no. 2 which forms an integral part of this law. Until the establishment and operation of the land registry offices, the registration of the property in order to constitute the owners ' associations is made in the advertising registers at the transcripts offices and real estate inscriptions in judges. Until the date of acquisition of the legal personality of the association of owners, the associations of tenants constituted according to Decree of the State Council no. 387/1977 for the approval of the Statute on the organization and functioning of the association of residents shall operate on the basis of their own status and the provisions of this Law 18. Article 70 shall be repealed. 19 19. Letters a) and i) of Article 3 of Annex no. 2 2 will have the following contents: " a) by block of dwellings-building-condominium is understood a real estate of which some parts are individual properties, represented from apartments or spaces with other destination than that of dwelling, and the rest, common property indivia. By assimilation, condominium and a section can be defined, with one or more stairs, within the living building, given that the common property can be delimited. The real estate is not a condominium unless the individual share of the common property lies with the owners and cannot be separated from the property on the apartments or premises with a destination other than that of the dwelling; " .......................................................................... "" i) by common expenses shall be understood the expenses or financial obligations of the association, which are related to the operation, repair or maintenance of the common property or which cannot be registered on each individual property. " 20. Articles 4 and 5 of Annex no. 2 2 will have the following contents: "" Art. 4. -The owners ' association is established on the basis of the decision of at least half plus one of the number of owners of apartments and premises with a destination other than that of dwelling, within a building. In residential buildings with several sections or stairs can be constituted owners ' associations on each section or staircase, if the common property related to the section or staircase can be delimited and if it is possible to allocate common expenses on sections or stairs. Article 5. -The application for the acquisition of the legal personality of the association of owners, together with the statute, the association agreement and the minutes of the constituent assembly shall be registered with the local financial body in whose territorial area lies the building. The association of owners acquires legal personality based on the conclusion of the judge delegated to the local financial body by the president of the court in whose territorial constituency the building is located. The conclusion is given without citing the parties and is enforceable. The conclusion is subject to appeal within 5 days of communication. The appeal shall be adjudicated with the citation of 21. Paragraph 1 of Article 6 and Article 7 of Annex no. 2 2 is repealed. 22. Article 8 of Annex no. 2 2 will have the following contents: "" Art. 8. -The Association Agreement must contain particulars concerning: the name, surname and domicile of the owners, the individualisation of the property according to the title. " 23. Article 10 of Annex no. 2 2 will have the following contents: "" Art. 10. -The establishment of the share-parts of the repair expenses of the common property belonging to each owner within the condominium is made proportional to the share of the common property related to the individual property. Expenses incurred for the payment of services related to individual properties in the condominium and which cannot be registered on each of them or for services related to the operation and maintenance of the common property shall be distributed in compliance with the rules and regulations envisaged for their joint invoicing and/or in accordance with the clauses provided for in the contracts concluded with the suppliers of those services. " 24. Article 11 of Annex no. 2 2 will have the following contents: "" Art. 11. -In the case of premises, respectively of apartments with more than one owner, co-ownership relationships will be regulated according to the common law. " 25. Article 12 of Annex no. 2 2 will have the following contents: "" Art. 12. -The Association Agreement and the Statute may be amended under the same conditions as set out in the association The amendments provided in par. 1 1 shall be recorded under the conditions established for the acquisition of legal personality. 26. Article 13 of Annex no. 2 2 will have the following contents: "" Art. 13. -The subsequent enrolment in the owners ' association of the owners who were not present at the establishment meeting shall be made at their request, without further formalities. " 27. Paragraph 3 of Article 21 of Annex no. 2 2 will have the following contents: "For special situations, the meeting of the association can be convened at any time by the executive committee or by members of the association who hold a total of at least 20% of the ownership shares." 28. Article 22 of Annex no. 2 2 will have the following contents: "" Art. 22. -The owners ' association may adopt decisions, if the majority of members are present personally or through the representative If the quorum is not met, the assembly will be suspended and reconvened. At the reconvened meeting, if there is proof that all members of the association of owners were summoned, the decisions can be adopted by the vote of the majority of the members present. The decisions of the general meeting of the association of owners regarding the good maintenance and exploitation of the residential building are also mandatory for the owners in the same building who are not members of the association. 29. Introductory formula of paragraph 1 of Article 23 of Annex no. 2 2 will have the following contents: "" Art. 23. -For the adoption of the decisions of the owners association will be considered the following: " 30. Paragraph 2 of Article 23 of Annex no. 2 2 will have the following contents: " The decisions of the association of owners will be taken with the vote of the majority of the members of the association present 31. Article 24 of Annex no. 2, letters b-e) and h)-j) shall read as follows: " b) employ and issue from office the person who manages the property or the other officials or employees, with a view to the administration and proper functioning of the building; the staff necessary for the proper management of the parts and facilities of the common use of buildings may be employed by an individual employment contract or by civil convention; c) act or support in the judiciary, in its own name or on behalf of the associated owners, the interests related to the d) conclude contracts and assume obligations on their own behalf or on behalf of the associated owners, in the interests related to the building; e) regulates the use, maintenance, repair, replacement and modification of common property parts; .......................................................................... h) ensure the up-to-date completion of the technical book of the construction; i) ensure the pursuit of the behavior in time of construction, for the duration of its existence; j) exercise other powers conferred on it by the association agreement or by the vote of the associated owners. " 32. Article 25 of Annex no. 2 2 will have the following contents: "" Art. 25. -If a decision of the association of owners is contrary to the law or association agreement or is likely to cause considerable damage to the interests of the owners, they may appeal that judgment, within 60 days of its adoption. Legal action must not interrupt the enforcement of the judgment unless the court orders its suspension. " 33. Article 27 of Annex no. 2 2 will have the following contents: "" Art. 27. -The president of the owners association represents the association in the conduct of contracts and assumes obligations on its behalf He represents the homeowners association against a third party, including in the actions initiated by the association against a landlord or tenant who has not fulfilled his obligations to the association or in the processes initiated by an owner challenging a decision of the association of owners. " 34. Article 31 of Annex no. 2 insert Article 31 ^ 1 with the following contents: "" Art. 31 31 ^ 1. -The provisions contained in this framework regulation regarding the owners of apartments shall also apply to the owners of the premises with other use than that of dwelling, located in buildings intended for housing. " + Article 2 Home Law no. 114/1996, republished in the Official Gazette of Romania, Part I, no. 393 of December 31, 1997, with subsequent amendments and completions, including those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts the corresponding numbering. This law was adopted by the Chamber of Deputies at the meeting of June 28, 1999, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. ROOM PRESIDENT DEPUTIES, PAULA IVANESCU This law was adopted by the Senate at the meeting of June 30, 1999, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT, ULM NICOLAE SPINEANU -----