LEGE no. 230 230 of 6 July 2007 (* updated *) on the establishment, organization and functioning of the owners ((updated until 11 March 2016 *)
ISSUER
PARLIAMENT
---------- The Romanian Parliament adopts this law + Chapter I General provisions, definitions + Article 1 This law regulates the legal, economic and technical aspects regarding the establishment, organization and functioning of the owners ' associations, as well as the management and exploitation of the housing buildings owned by the one a little 3 natural or legal persons, public or private law, including those who have in their structure and spaces with a destination other than that of dwelling. + Article 2 Under the conditions of art 1, due to the state of forced indivision, the owners have the obligation to take measures on the common rights and obligations on all common property. To this end, owners may associate themselves in owners ' associations with legal personality. + Article 3 For the purposes of this law, the following terms and expressions have the following meanings: a) building-block of dwelling-condominium-real estate consisting of individual properties, defined apartments or spaces with other destination than that of housing, and the common property indivia. Condominium and a section with one or more stairs, within the dwelling building, can be defined, given that the common property can be delimited; ... b) individual property-the apartment or the space with a destination other than that of dwelling, part of a building, intended for housing or other activities, which together with the share of the common property constitutes a unit of real estate. Except for situations for which there are other express provisions in this law or in the association agreement, the ownership of an individual property in a condominium must be considered in the same way as the right of property on other immovable property; ... c) common property-all parts of a condominium that are not apartments or spaces with a destination other than that of dwelling; ... d) common property related to sections or stairs that cannot be delimited-at least one vertical installation that jointly fuels sections or stairs or parts of construction common to sections or stairs, which cannot be defined separately from a physical point of view as a position and surface; ... e) the individual share-share of ownership that accrues to each individual property of the common property and is equal to the ratio between the useful surface of the individual property and the total useful surfaces of all properties individual; ... f) owner of the space, respectively of the apartment-natural or legal person, public or private law, who owns that space, namely apartment, in a condominium; ... g) association of owners-the form of autonomous and non-profit association of most owners in a condominium; ... h) association agreement-the act which consults the decision of the owners to associate; ... i) expenses of the association of owners-expenses or financial obligations of the association that are related to the exploitation, repair or maintenance of the common property, as well as the expenses with the services enjoyed by the owners and which are not individually billed to the individual properties; ... j) contribution rate to the expenses of the owners association-the corresponding amount of the expenses of the association, which each owner is obliged to pay monthly; ... k) attested-the act proving the quality of immovable administrator. ... + Chapter II Establishment and registration of the owners association + Article 4 (1) The Association of Owners aims to manage and manage common property which, in addition to rights, imposes obligations on all owners. ... (2) The consequences of the failure of the organization and functioning measures regarding the administration and management of the common property are in the legal responsibility of all the owners or their representatives, as the case may be. ... + Article 5 (1) The owners ' association shall be established by the written agreement of at least half plus one of the number of the owners of the apartments and premises with a destination other than that of dwelling, within a building. The Agreement shall be entered in a nominal table, the Annex to the Association Agreement. ... (2) In housing buildings with several sections or stairs, owners ' associations can be constituted on each section or scale only if there is no common property related to sections or stairs that cannot be used. delimited. ... (. Where appropriate, the owners ' associations established by the staircases or sections of the building shall, by an annex to the Association Agreement, govern their legal relations with each other. ... + Article 6 (1) 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 general assembly assembly shall be submitted and registered with the local financial body in whose radius Territorial is the building. ... (. The Statute and the Association Agreement shall be drawn up on the basis of this Law. ... (. The Association Agreement shall contain: ... a) address and individualization of individual property, according to the deed; ... b) the name and surname of all owners ... c) description of the property, including: description of the building, structure of the building, number of floors, number of apartments structured in number of rooms, number of spaces with other destination than that of dwelling, land area of the building; ... d) enumeration and description of the parties in the common property; ... e) share of each owner of the common property. ... (4) The Association of Owners acquires legal personality on the basis of the conclusion of the delegated judge-appointed to the local financial body by the President of the Court in whose territorial constituency the building is located. ... (5) The conclusion shall be without summoning the parties and shall be enforceable. ... (6) The conclusion is subject only to the call, within 5 days of communication. The appeal is adjudicated with citation ... -------- Alin. ((6) of art. 6 6 has been amended by art. 66 of LAW no. 76 76 of 24 May 2012 , published in MONITORUL OFFICIAL no. 365 365 of 30 May 2012. + Article 7 The subsequent enrolment in the owners ' association of the owners who were not present at the general assembly assembly is made at their written request, without further formalities. + Article 8 (1) The agreement of at least 2/3 of the number of owners of the owners association is required for the modification or completion of the association agreement. ... ((2) Any modification or completion shall be registered at the court which issued the closing court, without further ado. ... + Chapter III Rights and obligations of owners + Article 9 The owners of the owners 'association have the right to participate, with the right to vote, at the general meeting of the owners, to register their candidacy, to run, to choose and to be elected in the organizational structure of the owners' association. In order to benefit from the right to be elected, the person concerned must have full exercise capacity. + Article 10 (1) The owners have the right to know all aspects related to the activity of the association and have access, upon request, to any document of the association. ... (2) At the written request of the owner, the chairman and administrator of the owners ' association are required to issue in writing a certificate presenting the statement of expenses on maintenance, broken down on the basic duty and penalties, as well as the method of calculating penalties. ... ---------- Alin. ((2) of art. 10 10 was introduced by art. unique from LAW no. 277 277 of 12 November 2015 , published in MONITORUL OFFICIAL no. 847 847 of 15 November 2015. + Article 11 (1) The owner may make improvements or changes to his individual property, in compliance with the legal provisions relating to the authorization by the local public authority of constructive changes, without endangering the integrity structural of the building or other individual properties. ... (2) The owner cannot change the appearance or destination of the common property without first obtaining the acceptance from the owners association. ... + Article 12 The walls between the apartments or the adjacent spaces, which are not part of the building's resistance structure and the common property, can be relocated by the agreement between the owners of the respective apartments or premises, based on the authorization of modification of construction, issued by the local public authority and with the notification of the association. The walls between apartments or spaces and the common property that are not part of the building's resistance structure can be relocated only by amending the association agreement, based on the decision of the majority of the owners and the authorization of modification of the construction, issued by the local public authority. + Article 13 *) The proceeds from the exploitation of the common property belong to the owners These revenues feed the owners association's special funds for repairs and investments with respect to the common property and do not pay to the owners. The list of these revenues, as well as their related expenses are presented semi-annually in a report displayed at the owners ' association notice. ------------- Article 13 has been amended by art. I of LAW no. 175 175 of 16 July 2010 , published in MONITORUL OFFICIAL no. 502 502 of 20 July 2010. + Article 14 The owner is obliged to maintain his individual property, apartment or space with a destination other than that of dwelling, in good condition, at his own expense. No owner may infringe, affect or prejudice the common or individual ownership of the other owners in the condominium. + Article 15 With a 5-day notice, the owner is obliged to accept access to his apartment in the space or a delegate of the association, when it is necessary to inspect, repair or replace elements of the common property, to which you can only have access from that apartment or space. Except for emergency cases, when access can be made without notice. + Article 16 (1) The owners are obliged to take measures to strengthen or modernize the building, for thermal rehabilitation and energy efficiency, according to the legal provisions. Regardless of the nature of the interventions, it will be considered to maintain the harmonious and unitary aspect of the entire building. ... (2) In buildings affected by earthquakes, the owners are required to urgently take measures for consolidation, with the support of the local or central public authority. ... + Article 17 If the owner of an apartment or space or any other person acting on his behalf causes damage to any part of the common property or to another apartment or space, that owner or that person has the obligation to repair the damage or pay the expenses for the repair works. + Article 18 In cases where in housing buildings one of the owners or tenants prevents, in good science and in any form, the normal use of the living building, creating damage to the other owners or tenants, as the case may be, the owners or their legal representative may request the court to determine the measures for normal use of the building, as well as the payment of damages. + Article 19 In the case of premises, respectively of apartments with more than one owner, co-ownership relationships will be regulated according to the common law. + Article 20 (1) Owners who dispose of their apartments or spaces with a destination other than that of dwelling are obliged as to the preparation of forms of alienation to prove the up-to-date payment of contribution rates to the expenses of the association Owners. ... (2) Public Notaries will not authenticate the acts of estrangement without a certificate from the association of owners, which will represent proof of payment of the contribution quotas to the expenses of the owners association, issued in original under the signature of the president and the administrator of the owners 'association, specifying their name and surname, and the stamp of the owners' association. The acts of alienation concluded with non-compliance with this obligation are void of law. ... (3) In case of debts to the owners ' association, the alienation of the property can be made only if a clause regarding the takeover of debts by the buyer is entered into the contract. ... + Chapter IV Organization and operation of the owners association + Article 21 (1) At the general meeting of establishment of the owners association, the owners will choose from those present an executive committee, consisting of the owners association president and a censor or a committee of censors, and will decide the number of members and the duration of their mandates. If among the owners association members you cannot choose a censor or the censor committee, then the general meeting of the owners members of the owners association will mandate the executive committee for hiring an outside censor the association of owners, natural or legal person, on the basis of contract or service convention. ... (2) The censor or members of the censor committee must have at least secondary education and may submit, if the general meeting of the association of owners so decides, in a bank account of the owners association, a sufficient guarantee and indestulating, on the basis of a contract of guarantee concluded in this regard. The amount of the guarantee may not be less than the annual average of the total monthly expenditure of the association ... (3) The chairman of the owners ' association is either the candidate who will obtain the highest number of votes at the election of the members of the executive committee, or any other member of the executive committee elected by his will and majority of the the general meeting. The President, in particular circumstances, may temporarily appoint among the members of the Executive Board a Vice-President to whom he may delegate his duties ... + Article 22 (1) The deposit of the guarantee referred to in art. 21 21 para. ((2) may not have in any way the amount deposited as a guarantee nor the related interest, until after the cumulative fulfilment of the following conditions: approval of the discharge on the previous financial year by the general meeting of the members of the association of owners, as well as the termination of the effects of 21. ... (2) If it is found by the representatives of the owners association or by the owners themselves minuses in management, the association can order an amount of money equal to the amount of the minor in management, directly from the bank account mentioned in art. 21 21 para. (2), with the written, express, previous approval of the general meeting, without the need for the consent of the depositor of the guarantee. ... + Article 23 (1) After the general meeting of establishment of the association of owners will take place at least once a year, in the first quarter, a general meeting of the owners members of the association. Responsibility for the non-compliance of at least one general meeting of the owners belongs to the members of the executive committee, including the owners ' association president. ... (2) The general assembly is made up of all the owners members of the owners association. ... (3) The ordinary general meeting shall be convened either by the chairman of the owners ' association or by the executive committee. ... (4) For special or maximum emergency situations, the extraordinary general meetings of the association may be convened at any time by the executive committee or by at least 20% of the number of owners members of the owners association. ... (5) The owners must be notified, by display in visible place or on the basis of nominally convener table, on any general meeting of the owners association, at least 7 days before the set date, including on the agenda of the general meeting. The announced agenda can be completed by decision of the general assembly. ... + Article 24 (1) The General Assembly may adopt decisions, if the majority of the owners of the owners association (half plus one) are present personally or by legal representative. ... (. If at the first convocation the quorum required by half plus one is not met, the general meeting shall be suspended and reconvened within a maximum of 10 days from the date of the first convocation. ... (3) At the reconvened general meeting, if there is proof that all members of the association of owners have been summoned, the decisions may be adopted, regardless of the number of members present, by the vote of their majority. ... (4) The decisions of the general meeting of the association of owners are also mandatory for the owners of the condominium who were not present at the general meeting, as well as for the owners who are not members of the owners association. ... + Article 25 (1) For the adoption of decisions in the general meeting of the association of owners, the following shall be considered: ... a) each owner has the right to a vote for his property; ... b) for decisions on the establishment of investment funds for consolidation, rehabilitation and modernization, the vote of each owner has a share equal to the share of the common property; ... c) the owner may be represented in the general meeting by a member of the family or by another representative who has a written power of attorney and signed by the owner on whose behalf they vote; ... d) a member of the owners ' association may represent one or more absentee members, if they present the power of attorney signed by the owners on whose behalf they vote; ... e) in the case of a paritarian vote, the vote of the president's association of owners ... (2) The decisions of the general meetings shall be taken with the vote of the majority of the members of the association of owners present at the general meeting convened or reconvened, as the In the own status of the owners ' association may be provided other conditions, but not less than half plus one of the votes of those present at the general meeting convened or reconvened. ... (3) In exceptional circumstances, the decisions may be taken by the written consent of the majority of the owners of a staircase or a block, members of the association of owners, for problems aimed directly at them, on a nominal table basis. ... (4) The decisions of the general meetings shall be recorded in the register of minutes of the association of owners, shall be signed by all the members of the executive committee and shall be communicated, in writing, to all the owners. ... + Article 26 If a decision of the general assembly is contrary to the law, the status or association agreement of the association of owners or is likely to cause damage to the interests of the owners, they may appeal that judgment, within 45 days after its adoption *). Acting in the judiciary shall not interrupt the enforcement of the judgment unless the court orders its suspension. Note ... ---------- By CONSTITUTIONAL COURT DECISION no. 670 670 of 18 May 2011 , published in MONITORUL OFFICIAL no. 421 421 of 16 June 2011, the exception of unconstitutionality of the provisions art. 26 26 of Law no. 230/2007 on the establishment, organization and functioning of the owners ' associations, finding that the phrase "since its adoption" is unconstitutional. Under art. 147 147 para. (1) of the CONSTITUTION OF ROMANIA republished in the OFFICIAL GAZETTE no. 767 of October 31, 2003 the provisions of the laws and ordinances in force, as well as those in the regulations, found to be unconstitutional, cease their legal effects 45 days after the publication of the Constitutional Court's decision if, in this interval, the Parliament or the Government, as the case may be, do not agree with the provisions of the Constitution. During this period, the provisions found to be unconstitutional are suspended by law. In conclusion, between June 16, 2011 and July 31, 2011, the provisions invoked above were suspended by law, ending its legal effects on August 1, 2011, as the legislator did not intervene to amend the contested provisions. ---------- + Article 27 The general meeting of the owners of the owners association has the following tasks: a) elect and revoke from office the chairman, members of the executive committee and the censor or members of the censor committee of the owners association; ... b) adopt, amend or revoke judgments; ... c) adopt and amend revenue and expenditure budgets; ... d) mandate the executive committee represented by the chairman of the association of owners for the employment and dismissal of the person who serves as real estate administrator or other employees or suppliers, for the purpose of administration and good building officials; ... e) exercise other powers conferred on it by the statute, by the association agreement or by the vote of the associated owners. ... + Article 28 (1) The owners ' association may intermedia services between suppliers and consumer owners, in particular with regard to public utility services, on the basis of service contracts or individual supply contracts. For the individual supply contracts, the rights and obligations with respect to the service provided belong, on the one hand, to the supplier and the other party, to the owner. ... (2) For the recovery of debits with regard to public utility services, the service provider will act against the owners of the restantiers. ... (3) The intermediation service from the owners ' association consists in: distribution of invoices to the owners through the monthly payment list, collection and payment of the amounts representing the value of the invoiced consumption, notification of the supplier with look at the debtors. ... + Article 29 ((1) Except for the duties reserved exclusively for owners with regard to individual properties, apartments or premises with a destination other than that of dwelling, the executive committee represents the association of owners in the administration and Building operation ... (. The Executive Board may employ specialised personnel for the performance of their duties. ... + Article 30 (1) The executive committee, represented by the chairman of the owners association, has the following tasks ... a) carries out the decisions of the general meeting and aims to comply with the legal provisions, the statute and the association agreement of the association of owners; ... b) issue, if applicable, written decisions on rules for carrying out decisions of general meetings and for compliance with legal provisions, status and association agreement, as well as other decisions concerning the activity of the owners association; ... c) prepare the draft revenue and expenditure budget and prepare the general meetings; ... d) regulate the use, maintenance, repair, replacement and modification of the parts of the common property, including the consumption of the common property; ... e) prepare or propose plans for measures and activities and pursue their implementation; ... f) supervises the conduct of all activities within the owners ' association, in particular the situation of monthly receipts and payments; ... g) for the purpose and activities of the association of owners, hire and dismiss, conclude and terminate contracts; ... h) assumes obligations, in his own name or on behalf of the owners members of the association of owners, on the interests related to the building; ... i) initiate or defend in processes, in its own name or on behalf of the owners members of the owners association, the interests related to the building; ... j) establishes the own system of penalties of the owners association for the arrears displayed on the payment list regarding the expenses of the owners ' association, according to the legal provisions; ... k) endorses the owners ' association documents; ... l) ensure the up-to-date completion of the technical book of construction; ... m) ensure the pursuit of the behavior in time of construction, for the duration of its existence; ... n) manage exceptional and crisis situations; ... o) exercise other powers conferred on him by the decisions of the general assembly. ... (2) The meetings of the executive committee shall be legally met if half plus one of its members are present. The meetings of the executive committee can be convened by the president of the association of owners or half plus one of its members. ... ((. The decisions of the Executive Board shall be recorded in the Executive Board's register of decisions. ... + Article 31 (1) The chairman of the association of owners represents the association in the performance of contracts and assumes obligations on its behalf He represents the association of owners in relations with third parties, including in the actions initiated by the association against an owner who has not fulfilled his obligations to the association or in the processes initiated by an owner challenging a ruling of the owners ' general meeting. ... (2) The chairman of the owners ' association supervises and pursues the application of the decisions of the general meeting, compliance with the provisions of the statute and the association agreement, and the application of the decisions situation, may propose to the executive committee or general meeting, as the case may be, measures against those who do not comply with the rules, regulations, decisions and decisions of the owners association, according to the legal and statutory ... + Article 32 (1) The chairman of the association of owners or members of the executive committee may be remunerated on the basis of a contract of mandate, according to the decision of the general meeting of the owners, on the date of adoption of ... (2) For the non-performance of their duties, the members of the executive committee, including the chairman of the owners ' association, shall respond personally or jointly, as appropriate, to the law and to the owners for damages and damages caused the owners deliberately. ... + Article 33 (1) The Censor or the censor committee of the association of owners has, mainly, the following tasks: ... a) verify the legality of documents and documents, decisions, decisions, rules and regulations; ... b) verify the implementation of the revenue and expenditure budget; ... c) check the financial-accounting management; ... d) at least once a year, he prepares and presents to the general assembly reports on his activity and on the management of the association of owners, proposing measures. ... (2) The elected censor or censors of the association of owners may be remunerated on the basis of a mandate contract, according to the decision of the general meeting of the owners, on the date of adoption of the annual revenue and expenditure ... (3) For the non-performance of their duties, the censor or censors of the association of owners respond personally or jointly to the law and the owners, for damages and damages caused to the owners deliberately. ... + Article 34 (1) The management, maintenance, investments and repairs on the common property are the responsibility of the owners association. ... (2) The Association of Owners employs natural persons attested for the position of administrator or concludes contracts with specialized legal entities and authorized for the realization, respectively the provision of services necessary for the administration, maintenance, investments and repairs on common property. ... + Chapter V Administration in the homeowners association + Article 35 (1) For the management activity that includes technical, accounting and cashier management activities, the owners association may hire either natural persons attested for the position of immovable administrator or may conclude a contract of administration with specialized and authorized legal entities, which have as their object of activity only the field of associations of owners or who have as main activity the administration of buildings on the basis of tariffs or contract. The real estate managers shall be properly applied the provisions of art. 21 21 para. ((2) and art. 22. ... (2) Individuals may be employed by the conclusion of an individual employment contract, according to those established by direct negotiation. ... (3) The candidates for the position of immovable administrator must submit to the executive committee of the owners association the requested documents, professional and material guarantees provided by law and must not have suffered any conviction. ... (. The Executive Board shall adopt decisions on the amount of salaries, allowances and possible premierships which shall be awarded to staff with an individual employment contract, as well as on the amount and arrangements for contracting, in the case of where the administration of the building is provided by legal entities, within the budget of the revenue and expenditure adopted by the general meeting of the owners. ... (5) The Executive Board also decides on the granting of monetary rights to the members of the association of owners who carry out lucrative activities using it, within the budget of the revenue and expenditure adopted by the general meeting the owners. ... + Article 36 The administrator, natural or legal person, mainly has the following tasks: a) the provision of services professionally; ... b) management of material goods and money funds; ... c) to carry out the necessary formalities in the employment of contracts with the service providers for the operation and maintenance of the building, ... d) ensuring knowledge and compliance with the rules on common ownership; ... e) management of the fulfilment of citizens ' obligations in relation to public authorities. Citizens ' obligations are those established, according to the law, by the general assembly of the owners ... f) the fulfillment of any other obligations expressly provided by law. ... g) quarterly information, in writing or by electronic mail, of the owners, members of the owners association, regarding the financial situation comprising all the expenses, income, receipts and payments related to the association of owners, under their own signature and countersigned by the president and the censor of the owners association. ... ---------- Lit. g) art. 36 36 was introduced by art. unique from LAW no. 34 34 of 11 March 2015 published in MONITORUL OFFICIAL no. 172 172 of 12 March 2015. + Article 37 For the works on the common property, the administrator, taking into account the price, the duration of execution and quality, subjects to the analysis, selection of offers and approval to the executive committee of the owners association satisfy the requirements, in order to carry out the works, according to the legislation + Article 38 In order to protect the interests of the owners and the association of owners against the risks related to the management activity in a condominium, the administrators of real estate, natural or legal persons, public or private law, may concludes professional liability insurance policies. Professional liability insurance does not cover the risks of fraud, deception, misappropriation of funds carried out in good science. Persons who do not have the status of immovable administrator cannot conclude professional liability insurance policies. + Article 39 The common property may be used by third parties, natural or legal persons, public law or private law, only with the consent of the majority of the owners of the association and the owners directly affected by the neighbourhood, on the basis of a lease, use or concession contract. + Article 40 The homeowners association is required to take action on improving the building's thermal comfort. + Article 41 Constructive changes and the use for other purposes of parts or building elements of the building, such as: anchoring of advertisements on the walls, suspension of pillars, walls, interior stairs and the like, will only be possible on the basis of the decision of the executive committee, with the consent of the owners directly affected and, as the case may be, on the basis of a technical project drawn up by specialized institutions, verified by an authorized expert, and with the authorization for the execution under the law. + Article 42 The change of housing destination, as well as spaces with a destination other than that of dwelling from the original destination, according to the original project of the building with housing, can be done only with the opinion of the executive committee and with the acceptance the owners directly affected by which they border, horizontally and vertically, the space subject to change. + Article 43 For major work on the operation, maintenance, repair, consolidation, rehabilitation and modernization of the common property, the homeowners association can engage, on behalf of the owners and with their individual signature, bank credits or any other forms of credit, according to the legal provisions. + Article 44 For the risks regarding the common property, the homeowners association, on behalf of the associated owners, can conclude insurance policies. + Chapter VI Expenses of the owners association + Article 45 (1) The tax year of the owners association is the calendar year. ... (2) Before the beginning of the next fiscal year and for each subsequent fiscal year, the executive committee will prepare and present to the owners in the general meeting an annual revenue and expenditure budget, sufficient to cover expenses the owners ' association, including the funds necessary for its organisation and operation ... (3) The owners of the owners association have the obligation to approve an annual repair fund, necessary for the repair and improvement of the common property. The Executive Board will prepare and present to the general meeting the annual amount necessary for the establishment or completion of this fund, which is fed in advance, in equal monthly instalments, provided in the list of payment of the expenses of the association Owners. Payments to repair and improve common property will be made from the repair fund. Owners members of the owners association can also approve other special funds. ... (4) The owners ' association may open one or more accounts at any bank unit, under the law. ... + Article 46 All owners are required to pay monthly, according to the owners association's expenses payment list, in advance or on the basis of invoices issued by suppliers, their contribution share to the expenses of the owners association, including those related to funds from the owners association. + Article 47 The expenses of the owners association are: a) expenditure on the number of persons living or carrying out activities in individual properties; ... b) expenditure on individual consumption; ... c) expenditure on the individual share, depending on the useful area of the individual property; ... d) expenses on beneficiaries, related to the individual services of the owners, but managed financially through the owners ' association; ... e) expenditure on technical consumers; ... f) expenses of a different nature. ... + Article 48 (1) The establishment and distribution of the amount concerning the common property belonging to each owner within the condominium shall be made in proportion to the individual share of the common property. ... (2) The expenses incurred by the association of owners for the payment of public or other utility services, related to the individual properties in the condominium and which are not made individually on each of them, shall be distributed by the same criterion which was the basis for issuing the invoice, in accordance with the provisions of the contract concluded with the supplier of that service. ... + Article 48 ^ 1 The owners 'association, through the care of the president of the association, will display monthly, on view, next to the list of payment of the expenses of the owners' association, the method of calculation as a result of which the monthly payment The method of calculation will contain and will explicitly show all the costs and amounts that form the total payment of the owners, namely the calculation and distribution of these expenses to the owners. ---------- Article 48 ^ 1 has been introduced by item 1 1 of art. unique from LAW no. 17 17 of 4 March 2016 published in MONITORUL OFFICIAL no. 174 174 of 8 March 2016. + Article 49 (1) The owners ' association may establish its own system of penalties for any outstanding amount, displayed on the payment list. Penalties will not be higher than 0.2% for each day of delay and will apply only after a period of 30 days exceeding the deadline set for payment, without the amount of penalties being able to exceed the amount they have applied to. ... (2) The deadline for payment of contribution rates to the expenses of the owners ' association, displayed on the monthly payment list, is a maximum of 20 calendar days. ... (3) The amounts resulting from the application of the late penalties will be subject to the penalty fund of the owners association and will be used only for the payment of penalties imposed on the owners ' association by third parties and for expenses with repairs on common property or other expenditure of an administrative nature. ... + Article 50 (1) The Association of Owners has the right to take legal action on any owner who is guilty of not paying contribution quotas to the expenses of the owners ' association more than 90 days after the deadline. ... (2) The action of the owners association is exempt from stamp duty. ... (3) The sentence given in favour of the association of owners, for the amounts owed by any owner, can be implemented for the coverage of debts by any way allowed by the Code of Civil Procedure. ... + Article 51 (1) The Association of Owners has a senior real estate privilege on apartments and other premises individual properties of condominium owners, as well as a privilege on all their movable property, for the amounts due by way of contribution to the expenses of the association of owners, after the costs due to all creditors in the interest of which they were made. ... (2) The privilege shall be entered in the property advertising register of the court, at the request of the chairman of the association of owners, on the basis of the extracts on the last monthly payment list of the contribution quotas resulting from the amount due by way of Outstanding. The privilege is radiated at the request of the president of the owners ' association or the owner, based on the receipt or another inscribed by which the association confirms the payment of ... (3) Real estate advertising operations regarding the privilege provided in par. ((1) and (2) are exempt from stamp duty. ... + Chapter VII The report between the local and central public administration and the owners associations + Article 52 (1) The local councils of the municipalities, cities, communes and sectors of the city of Bucharest support the activity of the owners ' associations for the realization of their goals and tasks, in accordance with the legal provisions in force. ... (2) Local councils organize within their own apparatus a specialized compartment in support and guidance of owners associations. ... + Article 53 (1) The specialized compartments established within the local public authority guide and support the owners to be constituted in the owners ' associations. ... (2) The local councils of the municipalities, towns, communes and sectors of Bucharest municipality guide and support the owners ' associations for the fulfilment of their local obligations on the common property. ... + Article 54 (1) Individuals who have the status of immovable administrator shall be certified by the mayor, at the proposal of specialized compartments within the local public administration authority, based on a decision of the local council. ... (2) Attestation is aimed at certifying the professional qualities of persons who wish to practice the activity of administration of buildings to the owners ' associations. ... + Article 55 The local councils, with the support of their own apparatus of the county councils, respectively of the General Council of the Municipality of Bucharest, exercise control over the financial-accounting activity within the owners ' associations, ex officio the request of one or more members of the owners association. + Chapter VIII Sanctions + Article 56 (1) The following facts are contraventions: ... a) failure by the owners, by the owners association or by the executive committee of the association of owners of all necessary measures for the repair and maintenance of the building and of the common facilities related (lift, hydrophore, water supply, sewerage, central heating, hot water preparation and distribution facilities, electrical and gas installations, thermal power plants, cremators, waste collection facilities, installations collective antenna, telephony, etc.) throughout their existence; ... b) non-performance of duties by the president, members of the executive committee, censors, immovable administrator; ... c) non-performance by the owner of maintenance, repair or replacement of construction elements and installations in his individual property, if it is likely to harm the other owners; ... d) change by the owner of the destination of the home without the legal permits and approvals; ... e) the modification of the appearance of the common property, as well as of the building elements of the building without the legal approvals and permits; ... f) non-application or non-compliance with the provisions of this law by civil servants and employed personnel of local and central public authorities, including the staff of the regions or companies providing public utility services, if the act has not been committed in such circumstances as to constitute a criminal offence. ... g) non-performance of the duties provided in 48 48 ^ 1. ... ---------- Lit. g) a par. ((1) of art. 56 56 was introduced by section 4.2. 2 2 of art. unique from LAW no. 17 17 of 4 March 2016 published in MONITORUL OFFICIAL no. 174 174 of 8 March 2016. (2) Contraventions provided in par. ((1) shall be sanctioned as follows: ... a) the facts provided in lett. a), b), c) and g) are sanctioned with a fine of 500 lei to 3,000 lei; ... ---------- Lit. a) a par. ((2) of art. 56 56 has been amended by section 4.2 3 3 of art. unique from LAW no. 17 17 of 4 March 2016 published in MONITORUL OFFICIAL no. 174 174 of 8 March 2016. b) the deed provided in lett. d), with a fine of 200 lei per 1,000 lei; ... c) the facts provided in lett. e) and f), with a fine of 2,500 lei to 5,000 lei. ... (3) Sanctions for contraventions provided in par. ((1) lit. a)-e) applies to the individuals found guilty, and the one provided in par. ((1) lit. f) public officials or staff employed by public authorities, including the staff of the regions or companies providing public utility services. ... (4) The finding of contraventions provided by this law, made upon notification of any interested person, as well as the application of appropriate sanctions shall be made by persons empowered by the State Inspectorate of Construction and by Ministry of the Interior and Administrative Reform, mayors or their respective powers. ... + Article 57 Art. 56 regarding the contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter IX Transitional and final provisions + Article 58 (1) Local or central public administration institutions or any other state companies, which own apartments or premises with a destination other than that of dwelling in housing buildings, have the same rights and obligations as any other owner in the condominium and have the obligation to mandate natural or legal persons to collaborate with the owners association. ... (2) Legal reports of the landlord, agreed with the tenant, regardless of the status of the home, as well as non-compliance with contractual obligations by the tenant does not absolve the owner from his obligations to the association of owners provided for in this Law. ... + Article 59 Within 60 days from the date of entry into force of this Law, the Ministry of Interior and Administrative Reform, together with the Ministry of Economy and Finance, Ministry of Labour, Family and Equal Opportunities, Ministry of Transport and The Ministry of Justice will develop and submit to the Government the methodological norms for the implementation of its provisions. + Article 60 This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. + Article 61 The date of entry into force of this Law shall be repealed: art. 35 35 para. 3 3, art. 35 ^ 1, art. 36 36, art. 64 64, art. 69 69 and Annex no. 2 2 of Home Law no. 114/1996 , republished in the Official Gazette of Romania, Part I, no. 393 of 31 December 1997, as amended and supplemented, Government Ordinance no. 85/2001 on the organization and functioning of the owners ' associations, published in the Official Gazette of Romania, Part I, no. 554 of 1 September 2001, approved with amendments by Law no. 234/2002 ,, as well as any other provisions to the contrary. This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 6, 2007. No. 230. 23 23 July 2007 ------
