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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Law No. 145 of 27 July 1999 amending and completing Law No. home 114/1996, published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 439 of 9 September 1999, the Romanian Parliament adopts this law.


Housing Law article 1 No. 114/1996, republished in the Official Gazette of Romania, part I, no. 393 of 31 December 1997, as amended by Emergency Ordinance of Government No. 44/1998, changed and completed as follows: 1. Article 5 shall be supplemented by paragraphs 3 and 4 with the following content: "are exempt from the T.V.A., deduction, housing, strengthening and rehabilitating existing housing, made under the terms of paragraph 1. 1 and 2 of this article, of article 23. 6 and 7, article 6. 20, 50, 55, 62 and article. 63, and the construction of rehabilitation, consolidation and expansion of housing, with the exception of holiday houses whose funding is accomplished through credits granted National Housing Agency, established on the basis of law No. 152/1998.
Work on the buildings and land required for the construction of housing, with the exception of holiday houses made by National Agency for Dwellings, are in the public interest. "
2. Paragraph 2 of article 7 shall read as follows: "the people in the categories referred to. a)-d) are eligible for a subsidy from the State budget, within the limits of the annual budget provisions, in relation to the average net monthly income per family member, up to 30% of the final value of the home, as well as payment in monthly installments, for a period of 20 years, the difference compared to the final price of housing After you have dropped the subsidy and the advance of the compulsory minimum 10% paid by the contractor, of the value calculated on the date housing commitment. "
3. paragraphs 3 and 4 of article 7 shall be repealed.
4. Article 13 (2) shall be supplemented with the following content: "Houses retained or uncommitted until completion may be sold under any legal provision."
5. In paragraphs 1 and 5 of article 20 shall read as follows: "the House of savings and credits will be given Consemnaţiuni individuals of Romanian citizenship, residing in Romania, for the construction, purchase, renovation and repair of housing capital personal property, whose surfaces are not constructed as contained in the annex. 1, a maximum of 20 years. Loans are granted with an interest equal to that given to home savings and term deposits at Consemnaţiuni, plus a margin of 5 percentage points and it supports: a) 15% by the beneficiary of the credit;
  

b) difference, up to the total level of interest, including the interest of the State budget, subject to the provisions of the approved annual budget with this destination in the Ministry of public works and town and country planning.
  

..
The deposit formed, and there will a Consemnaţiuni interest equal to the amount charged for term deposits of one year Deposit will not be refunded prior to full repayment of the loan and can be used for the repayment of the last installments of the loan, within the limits of the amount of the deposit. "
6. Article 20 shall be supplemented with paragraph 9 with the following content: "the provisions of this article may qualify for the completion of construction works, and people who have bought housing law, contained in the various stages of implementation in blocks started before 1990 and unfinished."
7. Article 27(2) shall read as follows: Art. 27.-in the case of leaving the final residence of the holder of the lease or of its death, and in the case of the holder of the contract, the non-resident person, who without being detached, has never used the House for more than two years without interruption, letting go as appropriate: (a) the spouse's benefit) or of the spouse, if you lived with the holder;
  

b) for the benefit of the ascendants or descendants, if they resided with him/her;
  

(c) for the benefit of other persons) who had the same home with holder for at least one year and who were included in the lease.
  

In the case of multiple applications, the benefit of the lease shall be ordered by the Court.
In the absence of the persons who may apply for housing, according to para. 1, the lease shall be terminated within 30 days of the date of leaving the place of residence of the holder of the contract or from the date of death or the expiry of two years of non-use for an uninterrupted flat. "
8. In point (b) of paragraph 2) of article 34 shall read as follows: "(b)) the necessary formalities in employment contracts with service providers for the operation and maintenance of the building, carrying out and follow-up of these contracts;"
9. Paragraph 2 of article 35 shall read as follows: "to this end the owners can be founded in associations with legal personality."
10. After article 35 article 35 ^ insert with the following contents: 1 ". 35 ^ 1. -Association of owners has a privilege on the immovable with a priority ranking of the apartments and other spaces, owned by its members, as well as a privilege over all movables, for sums due by way of contribution to the common expenses of the building with several apartments and/or spaces with another destination than that of housing, after legal costs owed to all creditors in interest were made.
The privilege shall be entered in the register of register of the Court of Justice, at the request of the President of the Association of owners, based on extracts from monthly payment of quotas of contribution which shows the amount payable, if the claim represents a disconnected for at least 3 months. The privilege is at the request of the legal representative, radiant Association or owner, based on the receipts or other signed up through that Association confirming payment of the amount due.
Real estate advertising operations regarding 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: "having access to social housing, with a view to hiring, families or individuals with a net average monthly income in the past 12 months, with at least 20 per cent below the level of the monthly net income per family member or, where appropriate, by the person, established under the provisions of art. 8 para. 2. "12. In subparagraph (d)) of article 48 shall read as follows: "(d)), as a tenant, another housing from the State housing stock."
13. In article 56, paragraph 2 shall be supplemented with the following content: "Houses of necessity may be established on a temporary basis free as social housing fund."
14. In paragraphs 2 and 3 of article 58 shall read as follows: "the official Residences of the persons referred to in paragraph 1. (1) is considered by the Government and are put at their disposal, together with related facilities during the period of tenure, directed Autonomous lt; Lt; The administration of the patrimony of the State Protocol gt; gt;.
List of buildings with official residence, destination and other housing conditions and protocol on which they must meet, including the equipment and comfort, will be established by decision of the Government. "
15. Article 59 shall be supplemented by paragraphs 4 and 5 with the following content: "Houses of the protocol shall be placed only in buildings with low numbers of apartments intended for this utility.
The housing areas of the protocol will be at least 30% higher than those laid down in the annex. 1, which forms an integral part of this law. "
16. Article 62 is supplemented with paragraph 4 with the following content: "Houses made under the provisions of Ordinance No. 19/1994, for which there have been issued and no distributions have been precontracte or buying-selling contracts until their completion, can be broken down and contracted under the conditions laid down in article 21. 7 and 10. "
17. Article 69 shall read as follows: Art. 69.-Owners of buildings with several privately owned housing or mixed, constituted into associations of lodgers according to law No. 5/1973 concerning the management of the housing stock and the regulation of relations between landlords and tenants, is reorganized as the associations of owners, in accordance with the framework regulation of the associations of owners, contained in the annex. 2 which is an integral part of this law.
Pending the establishment and functioning of the land register offices, registering property to establish associations of owners shall be made in the records of the offices of transcripţiuni and inscriptiuni estate of the judges.
Until the date of acquiring legal personality of the owners, tenants associations established according to the State Council Decree No. 387/1977 approving the statute governing the Organization and functioning of the tenants Association operates on the basis of their own statutes and of the provisions of this law. "
18. Article 70 shall be repealed.
19. (a)) and i) of article 3 of the annex. 2 shall read as follows: ") block housing-building condominium means immovable property of which some parts are represented by individual properties from apartments or spaces with another destination than that of housing, and the rest of the Township-run indiviză.
Through assimilation, can be defined and a condominium unit with one or more of the building's stairs, the conditions under which it can delineate property.

Immovable property is not a condominium unless the share indiviză property owners and township is the responsibility cannot be separated from the ownership of the apartment or premises to another destination than that of residence; "
"i) through common expenses means expenses or financial obligations of the Association, which are linked to the operation, repair or maintenance of common property or that cannot be recorded on each individual property."
20. Articles 4 and 5 of the annex. 2 shall read as follows: "Art. 4.-Owners Association shall be formed on the basis of the judgment of at least half plus one of the votes of the owners of the apartments and spaces with another destination than that of residence within a building.
In buildings with multiple sections or ladders can be founded associations of owners on each section or staircase in part, if the corresponding ladder section or Township can be separated and if possible apportionment of costs of the common parts or stairwells.
Art. 5.-the application for the acquisition of legal personality of the owners, along with its status, the Association Agreement and the minutes of the constituent Assembly shall be recorded in the local financial authorities whose territory is situated the building.
The Association acquires legal personality owners on the basis of the conclusion of the judge delegate to local financial organ by the President of the Court in whose territorial jurisdiction, the property is located.
The conclusion is given without summoning the parties and is enforceable.
Completion is subject to appeal within 5 days of receipt. The appeal judge is summoning the parties. "
21. Paragraph 1 of article 6 and article 7 of the annex. 2 is repealed.
22. Article 8 of the annex. 2 shall read as follows: Art. 8.-the Association Agreement must contain indication: surname, given name and domicile of the owners, property specification according to the title. "
23. Article 10 of the annex. 2 shall read as follows: Art. 10.-Establishment of the share of the costs of repair parts to the common property of each owner within condominiului shall be made in proportion to the share in the property of the commune of related individual property. Expenditure for payment of services relating to individual condominium properties, and which may not be recorded on each of them or for services related to the operation and maintenance of the common property shall be distributed in accordance with the standards and norms referred to in common their billing and/or in accordance with clauses in contracts concluded with suppliers of such services. "
24. Article 11 of the annex. 2 shall read as follows: Art. 11.-in the case of the premises of the apartments with more than one owner, the reports of joint ownership will be regulated according to the common law. "
25. Article 12 of the annex. 2 shall read as follows: Art. 12.-the Association Agreement and the Statute may be amended under the same conditions laid down for the establishment of the Association.
The amendments referred to in paragraph 1. 1 shall be entered in the conditions laid down for acquiring legal personality. "
26. Article 13 of the annex. 2 shall read as follows: Art. 13.-subsequent entry into the Association of owners of property owners who were not present at the constituent Assembly is done at their request without further ADO. "
27. In paragraph 3 of article 21 of the annex. 2 shall read as follows: "For special circumstances, the meeting of the Association may be called at any time by the Executive Committee, or by the members of the Association who hold a total of at least 20% of the shares of ownership."
28. Article 22 of annex 4. 2 shall read as follows: Art. 22.-the Association of owners may adopt resolutions if the majority of members are present in person or by representative.
If the quorum is not met, the Assembly will be suspended and reconvocata.
The reconvocata, if there is evidence that all members of the Association of owners were summoned, the decisions may be adopted by a majority vote of the members present.
General Assembly of the Association of owners on proper maintenance and operation of the residential building are mandatory and for owners of the same building that are not members of the Association. "
29. the introductory paragraph of Formula 1 of article 23 of annex 4. 2 shall read as follows: Art. 23. Adoption of decisions-Association of owners will have regard to the following: "30. Paragraph 2 of article 23 of annex 4. 2 shall read as follows: "decisions of the Association of owners will be taken by a majority vote of the members of the Association present at the sessions of the Assembly."
31. In article 24 of annex 4. 2, letters b-e) and (h))-j) will read as follows: "(b)) and release from Office employs one person managing the property or on other officials or employees for administering and building the proper officials; the staff necessary for the proper gospodariri of the parties and of the commune of buildings use may be employed by individual contract of employment or by the civil Convention;

c) Act or legal claims on their own behalf or on behalf of the members, owners of buildings related interests;
  

d) conclude contracts and assumes obligations on his own behalf or on behalf of members, in the interests of the owners related to building;
  

e) governs the use, maintenance, repair, replacement and modification parts common property;
  

..

h) ensure completion of technical book construction;
  

I) ensure survey of construction throughout its existence;
  

j) exercise other powers which have been conferred by the Association Agreement or through associated owners vote. "
  

32. Article 25 of annex 4. 2 shall read as follows: Art. 25.-If a decision made by the owners Association is contrary to the law or the agreement of association or is likely to cause considerable damage to the interests of property owners, they can attack in such a judgment, within 60 days of its adoption. Shareholders in legal proceedings should not interrupt execute judgment than where the Court has its suspension. "
33. Article 27 of the annex. 2 shall read as follows: Art. 27.-President of the Association of owners representing the Association in carrying out contracts and assumes obligations on its behalf. He represents the Association of owners against a third party, including the actions initiated by the Association against an owner or a tenant who has not fulfilled its obligations towards the Association or in processes initiated by an owner who challenge a decision made by the Association of owners. "
34. After article 31 in annex 4. 2 Insert article 31 ^ 1 with the following content: "Art. 31 ^ 1. -The provisions of this regulation relating to the framework is applied to owners and owners of the premises with other use than that of the House, located in buildings intended for housing. "


Housing Law article 2 No. 114/1996, republished in the Official Gazette of Romania, part I, no. 393 of 31 December 1997, as amended and supplemented, including those brought by this law, will be republished in the Official Gazette of Romania, part I, posing corresponding numbering texts.
This law was adopted by the Chamber of deputies at its meeting on 28 June 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, PAULA IVANESCU this law was adopted by the Senate at its meeting on 30 June 1999, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. NICHOLAS, PRESIDENT of the SENATE ULM SADR--