Association of Floor Owners

The other option that the law provides for the form of condominium management is the Owners' Association. It is a legal entity. A constituent meeting of all owners in the condominium is convened for its establishment. The biggest advantage of this form of government is that it can be applied for different projects.

 

What is the order of convening a constituent assembly and conducting it?

Each owner may request the convening of a constituent assembly and propose a draft agreement establishing the association. The constituent assembly shall be convened by an invitation made at least 7 days before the date of the meeting. The invitation shall contain the agenda, the place, the date and time of the invitation. The draft agreement on the establishment of the association shall also apply to the invitation. The Constituent Assembly shall be held if present in person or through a representative, owners representing not less than 67 percent of the common parts of the condominium. The Constituent Assembly adopts a decision on the establishment of the Association; defines its name; accepts an agreement on its creation; elects management bodies: a board of directors (manager) and a supervisory board (supervisor); may determine the life of the association. The minutes of the constituent assembly and the agreement for the establishment of the association shall be drawn up in a single copy and signed by all the owners or their representatives.

 

Registration of the association

The Chairperson of the Management Board within 14 days of the holding of the Management Board shall submit to the respective municipal or regional administration a request for the registration of the Association in a public register, accompanied by a list of the owners participating in the Association; a copy of the minutes of the constituent meeting and of the accepted agreement certified with the inscription "True to the original" by the chairman of the board of directors (the manager) as well as notarized specimens of the signatures of the persons representing the association. No fees are collected for registration and access to the data in the register. In the case of data entry, the mayor of the municipality or area or a person empowered by him / her shall verify that the data are subject to entry. When the Authority finds that the data provided does not meet the requirements of the law, it shall instruct the Governing Board (Manager) to remedy the deficiencies or inaccuracies within 7 days. When these are not remedied in time, the mayor of the municipality or area shall issue a motivated refusal to enter.