LEGAL SUPERVISION OF CONDOMINIUMS
CONDOMINIUM, GENERAL MEETING, CHARTER DOCUMENT, COMMON REPRESENTATIVE, OOR, INVITATION
Legal supervision of condominiums is carried out by the notary having jurisdiction over the location of the condominium. Conflicts of interest arise if the municipality is involved as a condominium c-owner, manager, or joint representative.
Under the procedure it is reviewed whether the documents, operation and decisions of the condominium comply with laws and regulations. Legal supervision does not cover cases in which judicial or official proceedings are called for, nor can economic or expediency considerations be examined.
ADMINISTRATION PROCESS
- Submission of an application (an application may only be submitted by a condominium owner or his/her proxy, or by the joint representative or the chairman of the management committee);
- A decision on initiating a legal supervision procedure is made within 30 days; conducting the procedure, if applicable;
- A call for the restoration of legality within 60 days if the condominium is found to be in breach of the law
- Within 30 days after the unsuccessful expiration of the deadline, the notary may file a lawsuit against the condominium or its common representative. The court may annul the decision of the general meeting if it is found to be illegal or in conflict with the charter document and OOR and, if necessary, order the adoption of a new resolution or convene the general meeting, or authorise the notary or the audit committee to do so. The court may impose a fine on the joint representative or on the chairman of the management committee.
Required documents
- Written notification
- joint representative/chairman of the management committee: extract from the minutes of the general meeting containing the resolution on electing the joint representative/chairman;
- owner: a title deed not older than 30 days proving the owner’s title ownership (no need to authenticate);
- power of attorney in case of an authorised representative (according to the rules of the Civil Code),
- documents substantiating the infringement (if available).
To be attached along with the notification, depending on the identity of the notifier:
Payment information
Free of charge and duties.