Law 13 Of 1981 Housing Cooperative Societies Act

Original Language Title: القانون 13 لعام 1981 قانون الجمعيات التعاونية السكنية

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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=6611&RID=-1&Last=10058&First=0&CurrentPage=13&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 13 of 1981 housing cooperative societies act President



Based on the Constitution and approved by the people's Council meeting on 10/5/1401 h 15/3/1981.

Issue: the first chapter housing cooperatives and objectives article 1 following expressions mean in application of this law indicated beside each: a Ministry: Ministry of housing and utilities.

Minister: Minister of housing and utilities.

C Assembly: housing cooperative society.

D General Union: the General Federation of Syrian Arabic Republic housing cooperation.

Cooperative housing Federation Union.

And the housing cooperative sector: Joint Assembly Assembly, Union, Union General.

Article 2 aim associations: a housing construction and supplies and restitution to members at cost and within a cooperative framework.

B contribute to the implementation of the State plan on housing.

Chapter II establishment of associations – membership requirements article 3 a base Assembly at least thirty members agree among themselves and sign a contract for the purpose of incorporation must include in particular the Assembly name and the purpose of its founding and founder's names and a summary of personal identities and selected homes.

B contract with the founders shall submit a reasoned request for approval to the EU's General Federation together with the economic and social justifications and transmit the General Union demand to the Ministry stating his opinion.

Both the Union and the Union and the Ministry decision on the request within thirty days from the date of registration in the respective divan.

If the application is authorized by Assembly decision of the Minister publishes in the Official Gazette, gaining personality.

C If the outstanding Union or Federation in demand within the period mentioned in the preceding paragraph, the founders raise request to General Union or to the Ministry directly, as the case may be.

If the Ministry rejected the request or didn't decide within this period the founding right appeal within thirty days before the appeal court in the county where the Assembly required, separate civil court of appeal in the appeal in accordance with the provisions of paragraph (e) of article 36.

D the Minister determines by Decree number of associations in each province as needed.

Article 4 the Assembly working area is within the administrative boundaries of a city or town or village that does not exceed the limits of conservatism.

Associations that excludes Damascus governorate status of this requirement and allowed to direct their activity within the administrative borders of the governorates of Damascus and Syria.

Article 5 requires the founder or demanded membership to become a member in the Association provides the following: a to be Syrian Arabs or the like subject to the provisions of article 8 of this law.

B to have completed 18 years of age if the founder and 15 if an affiliate.

C not to be a member of another Association has the same goals at the country level.

D to be recorded or place of business or residence in an area of the Assembly dated accept affiliation to prove that documents determined by the rules of procedure.

Would not have benefited from a house or a piece of land of any general or any other association having the same goals at the country level.

And to reimburse the value of the shares and the subscription fee within one month from the date of the Board's decision by saying its affiliation or void.

G 1-not to be an owner in the work of the Assembly of dwelling in independence is and minor children together or separately estimated worth in financial services (30) thirty thousand SP estimated value can be modified by a decision of the Minister.

     2 not to be an owner in the work of the Assembly for the part or parts in residential real estate is and minor children together or separately valued financial departments (45) forty five thousand SP and this value can be modified by a decision of the Minister.

H if the Association was established for workers in one of the departments or institutions or public bodies or public sector or craft or profession or occupation, shall not belong to people who do not belong to them.

Article 6 specifies the number of non-members per association with its own rules of procedure and in accordance with nature.

 Article 7 shall be Arabic citizens who are permanent residents in the Syrian Arab Republic Association of associations subject underlay housing for the provisions of the laws in force.

Chapter III general body and Board of Directors-and regulations article 8 General consists of all members, the highest authority in the Assembly and its decisions shall apply to all members.

Article 9 each Member participating in a meeting of the general body has one vote and may not vote by correspondence on behalf of the minor and his guardian or guardian, as the case may be.

B the Agency may vote by proxy on behalf of the single member only.

Article 10 members are invited to attend the General Assembly meeting after informing the Ministry and the Union before 15 days from the date of the meeting.

Article 11 a Board must invite the general body of the annual ordinary meeting held during the four months following the end of the financial year and for the following things: 1 ratification of the annual accounts.

2 the ratification of Board reports and monitoring.

3 ratification of Auditor's reports.

4 elect the members of the Board of Directors and Audit Committee when appropriate.

One chapter 5 the members of the Assembly in accordance with the rules of procedure.

6. consideration of other issues on the agenda.

B the Governing Council invite the general body of emergency meetings at any time on the request of any of the following: 1.

2 the General Union.

3 the Union.

Four Auditors.

5 to 10 the number of Assembly members with at least thirty.

6 a majority of the number of Board members.

Advocacy should indicate the topics that the General Board.

And don't let the general body meeting by both sides mentioned in items (4 and 5) of this paragraph to discuss any subject was decided by the public body after a year on his quest.

C 1 was true General Assembly meeting in the presence of the absolute majority of the members otherwise postpone to another date within fifteen days.

      2 the second meeting is considered valid if attended by at least 15 or 30 members, whichever is more.

D take decisions by a majority vote of those present in the case of equally likely the side Chair.

Article 12


For each Board administered and represented before others and consists of at least five members elected by the General Board from among its members by secret ballot for a period of two years, renewable.

In the event of vacancy in the membership of one or more members of the Governing Council elected and for whatever reason the alternate shall be elected at the first meeting of the general body completes the alternative term of his predecessor in Board membership.

B board member is required to be members of the Assembly and is available as follows: 1 whenever the age of 25.

2 enjoy civil rights.

3 not sentenced to a criminal penalty or imprisonment in one of the offences against honour or honesty or ethics, unless they have been rehabilitated. 4 steer its obligations to the Association.

5 improve reading and writing.

And may not be combined with membership of the Governing Council and its work.

And not to be employed in the Ministry or one of the lenders.

This requirement excludes assemblies that consist of employees in those agencies and associations.

Article 13 a Board Member may not participate in the voting on the Council if his personal interest in resolution before the vote.

B refrains on any association to hire to perform work or provide services or with any member of the Board of Directors this applies to partners, members of boards of Directors and their relatives up to the fourth degree.

Article 14 Board members granted bonuses by a decision of the public authority in accordance with the provisions of article 17 of this law. Either the provisional directors bonuses is granted by a decision of the Minister.

Article 15 designated Board or his representative, the personnel of the Assembly's work and projects under fixed-term contracts.

Contrary to the laws and regulations in force in any Board is entitled to decide to terminate any association of part time workers. And does not prejudice the right of the worker to receive end-of-service indemnity stipulated in the laws and regulations in force.

Otherwise, the personnel are organized in association with the decision of the Minister as stipulated by the labor law No 91/1959 and its amendments.

Article 16 of the internal system assembly includes the following: 1. work area

2 How to manage their business and business rules.

3 the requirement of affiliation to the Assembly, the duties and rights of members and the terms of their separation and withdrawal and refund their money.

4. the subscription fee and the monthly savings and the first payment.

5 Assembly and sources of financing for projects and administrative expenses and borrowing assets.

6 the number of Board members and competence and way meet and elect its members and represents it in front of others.

7 functions of the plenary and invited her, scheduling rules.

8 select the Assembly's contribution in financing the Union Federation and its members paid annually for this purpose.

9 rules of dissolution and liquidation of their funds and their integration with other association and its all done with no stipulated in this law.

Chapter IV Financial Affairs article 17 of the financial and accounting systems and Assembly contracts covering all aspects of their activity.

Financial regulation contains principles and rules which define the minimum and top head equivalents and Board members full wages and committees formed by the Board of Directors and Compensation Committee meetings.

Article 18 financial year begins in the first of January and ends on the thirty-first of December of each year except for the first financial year starting from the date of publication of the decision of the registration in the register of associations at the Ministry and ending on the thirty-first of December of that year.

Article 19 refrains on board: a use of funds or non-member payments association members.

B ad hoc member claim amounts exceeding monthly contributions only for the purchase of land or constructed for their benefit.

Article 20 when excess spending for non-residential establishments selling Assembly resulting from the projects, this excess imports account Association which is distributed as follows: 1. the legal reserve: 10%.

2 benefits of stock: limited 10% interest rate determined by the financial system.

3:3%.

4 General Union: 2%.

5 the balance distributed members listed in the records of the Assembly at the end of the fiscal year by full cash payments, including loan installments.

 

Chapter v preferences – allocation of housing – registration article 21 for each Member Association which gives each member preferences table sequence number by seniority from the date of the Board's decision to accept the affiliation.

Preference may be waived where Member remains Exchange or retain on advantage even received housing.

Article 22 a of every Member in the Association as its priority rights on any project decides its Assembly.

And for every project which entailed subscribers schedule listed by their sequence in the table preferences.

B after the completion of the building plans approved by the competent municipal or public entity, as the case may be, the General cost of the project and determine the estimated value of each House separately. The Board invites subscribers to attend a session or public meetings for assigned housing, each subscriber chooses as his role in the appropriate housing in subscribers table project.

And if the Subscriber to attend after report or did not send a legal agent in choosing housing, designee Board ruled on this mission.

When appropriate, may invite members of the assigned housing by their sequence in the table preferences directly without making the subscription process.

C the Member required when customization: 1 not to have lost any of the conditions (a c e g) of article 5 of this law.

2. the fee shall be the financial obligations in accordance with the financing plan drawn up by the Board and approved by the public authority.

D the Assembly concluded with the Member after allotment contract indicating the Member's custom housing descriptions and signed the contract defines the obligations of the parties.

The mentioned contracts are documented in the Union and send a copy to the Ministry within one week from the date of the document.

E handling public and dedicated people who determines the rules way inviting the general body and the quorum in relation to their project: 1 project financing plan proposal and its style and specs on it and believe its contracts.

2 determine whether the Board has to offer them.

Article 23


A if the final cost of the project had increased or decreased on the estimated cost, the value of housing on the basis of allocation were increased or decreased in the same proportion.

By delivering the dwelling to its custom ready for habitation by owner member is received.

C housing is registered member name in the land register or the temporary register either placed a signal lock on the housing to ensure that Member to implement its financial obligations to the Association and the lender.

D if the Member was delayed by a house or who received houses of Assembly on payment after admonishing you deallocate.

Eliminates registration in the land register or the temporary register upon decision of the Board of Directors as clearing housing by prosecutors.

The Member retains the right to customize subscription and personalization in upcoming projects or the tenant vacated according to his preference.

Governing Council calls for replacement of undeclared and non-member subscribers duly set out in article 22 of this law.

Article 24 a member may not waive housing allotted to him only after the following conditions are met: a tenement to be ready for habitation and a Muslim.

B to be ad hoc member has paid the full value of the home.

C the Licensee undertakes to pay the emerging housing financial obligations after you close the project.

And housing is void of any contravention of the provisions of this article.

 

Chapter vi common associations section 25A every three or more decision bodies after the Ministry's approval to establish a joint association and may not accept individuals among its members.

Defines rules common Assembly resources and its member associations.

B Joint Assembly consists of three representatives from each association elected by public bodies as determined by the Assembly system.

C the Joint Assembly is join or withdraw from the decision of a public authority or enrollment student Assembly and approval by the public authority of the Joint Assembly.

D the Joint Assembly has enjoyed real estate Bank from rights and privileges to collect money incurred on their members.

Article 26 a joint association aims to buy land and processing facilities and buildings of public services and build housing for the benefit of its member associations.

B Joint Assembly in achieving its objectives set forth in the preceding paragraph and with the approval of the Ministry: 1 the construction permit and oversee implementation.

2 purchase of machinery and equipment and the necessary work.

C If the Joint Assembly surplus selling custom services and architectures stays installations of this surplus distributed housing to its member associations each by actual payments in its borders.

Each association member share distribution to the beneficiaries of the draft Joint Assembly by actual payments, including instalments paid.

Article 27 at the end of the Joint Assembly or solve it distributes the proceeds of liquidation funds which each member societies by actual payments in its borders.

Article 28 except as described in this chapter are the Joint Assembly Association in the application of this law.

 

Chapter VII article 29 Union Federation to associations within each province to be among a Union for cooperation in keeping these General Federation of unions in the Syrian Arabic Republic housing cooperation.

Each of the Union and the Union legal personality and administrative and financial autonomy within the provisions of this law.

B associations that are established after the unions and the General Federation bound ruled.

C General Union at the level of provincial Union Republic on the following tasks: 1 advocacy collaboration and cooperative spirit and broadcast promotion Association and by various means including regular releases.

2. participation in cooperative housing policy in the country and work to implement their own thing.

3 the General plan for the housing cooperative sector in the country and tracking their implementation in line with the State plan in this area.

4 develop action plans and determine the responsibility of associations in the field of implementation.

5. defend the interests of the Association and guide them in managing their work.

6 common problems afflicting the housing cooperative sector and seek to find appropriate solutions with the competent authorities.

7. participation in the preparation of draft laws and regulations concerning cooperative housing sector.

8 audit associations where appropriate.

9 record includes the number of Association and each association member names and general condition.

10 the proposed abolition of any decision taken by public bodies and the governing bodies Association deemed contrary to the laws, regulations and principles of cooperation.

11 proposal of internal systems, financial, accounting and contracts for the Association.

12 secure all types of standard prints for the housing cooperative sector.

13 training courses for the boards of the associations and societies and common agreement between the Union and the Union on the basis of central planning and decentralized execution.

14 annual report housing cooperative movement.

15. participation in conferences and international Arabic housing cooperative mutual relations and experiences and delegations and visits.

16 to encourage Arab cooperation movement for housing and advancement.

Article 30 a EU Conference consists of one or more representative of all common Association that no more than three as determined by the rules of procedure of the Union elected by the plenary Assembly for two years.

B the General Conference consists of the Union of: 1 members of the Executive Bureau of the General Federation.

2 all members federations.

3 number of members-Union congresses of each Union is determined by the rules of procedure of the General Federation to increase the number of representatives of any of the unions (15). They are elected the integral with the election of the members of the Executive Office of the Union for the same duration.

C for each of the Union and the Union Executive's Office outlining his powers in their respective rules of procedure and composed as follows: 1 in the Union: Executive Office consists of 5-7 members elected by the Conference from among its members.

2 in the Union: the Executive Office comprises of 7-9 members elected by the Conference from among its members.

3 may not be combined with membership of the EU's Executive Office, General Union.

Article 31


The EU's Executive Office is a general set of rules of procedure for both the Union and the Union, without prejudice to the provisions of this law and other laws and presented to the General Conference for approval and published by the Minister's decision.

B sets out the rules for both the Union and the Union how funded by associations and his relationship with her and the work of its functional commissions and administrative system and its rewards and all is in keeping with the powers granted to the General Conference under this Act.

C General body are invited during the first half of the fifth month of the year is also inviting the general body of the Union during the first half of the sixth month of the year.

D apply to Union and Union associations provisions, without prejudice to the provisions of this law. And where a label Executive Office replaced the Board of Directors and general body shop Conference label.

Article 32 of the agreement with the Minister on the proposal of the competent Minister General Union to unload one or more members of the Executive Committee members and the Executive Office of the General Union of workers in the State or the public sector or the Subscriber. And be full time for two years renewable duration time is the actual services.

B full time paid in accordance with the provisions of the preceding paragraph shall receive and compensations from the Union or the Union, as the case may be.

 

Chapter VIII surveillance article 33 a Department supervision and control of the housing cooperation sector, including access to its work and verify compliance with laws and regulations in force.

B cost of Ministry staff to attend meetings of public bodies and determine their Ministry within the law. It also determines the compensation to which they are entitled to meet their attendance at these meetings and the relevant Assembly and such compensation is not subject to the limit set forth in Legislative Decree No 167 of 1963, as amended.

Article 34 a Association audited at least once a year or more expensive Auditor General body of Chartered Accountants and determine the fare and may not delegate this task to the Governing Council.

This audit includes examining the books, accounts, documents and Assembly stripped her locker and warehouses and the adoption of its budget.

B the Board of Directors of each association view these reports to the plenary.

Article 35 to the housing cooperative sector contacts informing all resolutions within fifteen days from the date of issuance or considered suspended.

B the Department reasoned decision to suspend or cancel any of these decisions if you found it contrary to the provisions of this law or other laws and regulations within thirty days from the date of registration of these decisions in the Cabinet.

C to the side stop decision or Cancel to challenge this decision before the Court of appeal in the province in which its headquarters within thirty days from the date communicated this decision or consider.

D each Member may appeal against decisions of the Board or public body in accordance with the procedures outlined in paragraph (c).

A separate Court of Appeal appeal expeditiously in a room studying and uninvited liabilities and be her decision.

Article 36 every Association Control Commission composed of three members elected by the general body duly followed in the election of the Board of Directors and for the same duration this elected Council.

Immediately after their election committee selects a Chairman and may not combine membership of the Monitoring Committee and any other work in the Assembly and the surveillance Committee may attend meetings of the Board of Directors and its committees without vote.

Monitoring Committee to verify the matching Board decisions to laws and regulations.

And her Ministry to propose abolishing any decision taken by the Board against the rules and regulations or deemed threatening to the entity and the interests of the Association.

 

Chapter IX dissolution and liquidation article 37 associations a Minister may appoint an interim Board of Directors for the Association of its members representing the Ministry and Union, in the event of a threat to their interests and money at stake, or in the case of the Board for one of the acts referred to in article 41 of this law, after being found by official investigations conducted by the competent authorities.

And the the disbanded Board members and employees of the Assembly should take the initiative to deliver the Provisional Council once set all funds of the Association and its records and books and documents.

B Provisional Governing Council invite the general body to convene within three months from the date of appointment to discuss the agenda and elect a new Board and if no quorum during two consecutive meetings shall be dissolved by a decision of the Minister.

C must include the dissolution of the Assembly appointment of liquidator or more, remunerating and liquidators were considered a responsible Ministry the Minister may isolate them and appoint others.

D to appoint an interim Board or Assembly subject to appeal before the Court of appeal in the work of the Assembly during a period of 30 days from the date of his announcement in a local newspaper if applicable or in one of the capital's newspapers.

Appeals Court decides the appeal in accordance with the provisions of paragraph (e) of article (35) of the Act.

Article 38 on the liquidators must submit to the Ministry and the Union on the results of the liquidation, including the final account.

B Ministry announces in a local newspaper if applicable or in one of the capital's newspapers about the completion of the work and results of the liquidation and final account.

Any member of the Assembly to challenge the results of filtering and final account to the Court of appeal in the work of the Assembly during 30 days from the date the appeal court decides to challenge the study room and without invitation and be her decision.

C entitlement proceedings personal responsibility against the liquidators or against the Board members because the filter work one year following the date of the announcement of the results of the liquidation and final account.

Article 39 is not distributed to the members of money resulting from filtering than their actual value of their shares.

Nor shall lead them any over payment or deposit owed the Association if anything left after this distribution turns to an account in Union County where the headquarters of the refinery.

 

Chapter 10 offences and penalties and proceedings article 40


Without prejudice to the penalties laid down in the legislation in force is liable to imprisonment for up to six months and a fine of up to 2000 for each of the founders and members of boards of Directors, managers and Auditors and liquidators and staff if they commit the following acts: a fake member preferences table and member housing allocation in contravention of the provisions of the law.

B modified construction permit schemes by which selection members for their amendments substantially affect their rights without their consent.

C selling building materials for Assembly despite needed when sold.

D continue the membership of the Governing Council and a monitoring post unless there are compelling reasons or unforeseen circumstances.

Obtain building materials in the name of the Assembly in the Assembly projects for personal profit.

And use of funds in building some more quality housing and price of the materials used in the project without registering a premium in the records of the Association and its limitations.

G receive or pay or compensation or bonuses granted in violation of the law.

H failure to monitor the implementation and use of building materials according to approved specifications for projects that lead to weakening construction and ruptures.

I implement the resolutions of the Board of Directors and general body despite the cancellation.

The falsification of books or records of the Assembly.

Article 41 a call is established by a public body by a two-thirds majority of those present against the Board or any of its members during his tenure by the Monitoring Committee and without prejudice to the right of any of the members of the Assembly to establish advocacy profile at any time.

B both the President and the members of the Board of directors or any of the members of the Association separated from membership sentence if sentenced for one of the punishable acts in articles 40 and 41 of this law.

Article 42 shall be sentenced to imprisonment of up to a year: a Directors outgoing in Board or separated from the Association in accordance with the provisions of the preceding article and Defund or delayed without justification and funds of the Assembly records on movable and immovable property to their descendants.

1 all who seize dwelling houses of Assembly or any property of the estate, or seize homes for one of the Assembly members is a rapist and tend his hand on the said property or upon the decision of the Board of directors by the prosecution.

      2 Board members who neglect in applying the provisions of this paragraph.

Article 43 Assembly costs and damages awarded to the Association any of mentioned in the article (41) of this Act for one of the acts described in the general body is entitled to the perpetrator.

 

Chapter XI the exemptions of article 44 enjoys giving housing associations and no greater than 130 square metres of residential exemptions: 1 exemptions to the Association under article 3 of Decree Law No 91 of 1958 and other applicable laws.

2 construction permits are exempt from fees for building permits and stamps.

3 exempt from real estate taxes for seven years starting from the first fiscal year following the date of construction license or substitutes.

 

Chapter XII General provisions and transitional article 45 a each member charged when its affiliation to the Association that defines the responsibility of the domicile communicated all correspondence addressed by the Assembly, as they have to inform the Assembly about every change that Habitat in the future.

B the Member must be communicated all the invitations to attend meetings of the plenary or to subscribe to the projects or to attend meetings of the housing allocation either direct written communication with an open postcard sent to his home. And is also similarly each prompt or warning directed to the Member non responding lost their membership in the Association or the right subscription or specialization in a dwelling or received.

If some members report to one of these methods, or claim or invited them warning advertisement published in a local newspaper, that no one in d.c., fifteen days before the deadline.

Either the General Assembly invitation announcement in the newspapers, be of other Assembly members anonymously and published at the same time in addition to the aforementioned usage reported in this paragraph.

Article 46 may dismiss the Assembly records of decision of the Board of Directors, the Member who received the residence and paid full financial obligations towards the Assembly and transmits it to a table.

Article 47 without prejudice to the provisions of this law apply to the housing cooperative sector provisions of law No 91 of 1958, as amended.

Article 48 a beneficiary is entitled to establish an architecture of a project or assist the Board in all matters that are required to implement the project as soon as possible and the specifications that suit them and they elect their representative to the Council Committee. And have a body and its internal system is a Federation or Confederation as a model for and adopted by the Ministry.

B one or more building occupants are entitled to configure a body corporate not subject to registration or publication represents an Administrative Committee determines the rules of procedure which was public and Union model adopted by the Ministry of construction or facilities management lockout function constructions in the region and secure his services.

C consider the decisions of the beneficiaries or occupants and its binding for all members and get the funds to carry out its functions in the same way you get funds.

Article 49 a are not subject to the provisions of this law, summer resort and tourist associations that do not target the ownership of buildings or housing for their members. The supervision due to the Tourism Ministry.

B excluded from the provisions of article 4 of this law, summer resort and tourist projects initiated by the Association before its effective date.

It also excludes from the provisions of article (5) members who subscribed to these projects before the date mentioned, these associations do not benefit from the exemptions provided for in article 45 of this law.

Article 50, without prejudice to the provisions of this law puts the Minister at the suggestion of the General Union of internal accounting and financial regulations and contracts to which each contact the housing cooperative sector.

Article 51 the Minister shall issue the necessary decisions to implement the provisions of this law.

Article 52


Repeal provisions contrary to this law and settle the housing cooperative sector contacts according to the provisions of conditions within a maximum period of six months from the date of its entry into force, without prejudice to the acquired rights of associate members of the Association before its effective date and haven't got any cooperative dwelling.

Article 53 this Act shall be published in the Official Gazette.

Damascus at 5/6/1401 (h) 9/4/1981.



President Hafez Al-Assad