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The Latest Amendment Of The Act On Management Of Apartment Ownership - August 2011

 

Either, to remind readers:
- the GA determines the size of the installments, payable by each owner, habitant and user, to cover for this type of costs;
- Owners, habitants and users who exercise a profession or activity in their units and do not have a separate entrance to them, are obliged to pay up to five times the size of the above installment. The exact size is determined again by the GA, only the amended Act provides for a minimum of three times the general installment.
- pets are counted as one habitant.

Calling and conducting of the General Assembly (GA):
The changes in this section are designated to simplify the procedure for calling a GA and in principal we welcome them. The previous regulation did not provide as many different ways of calling an owner lawfully and at the same time the procedure was too clumsy with all the sealing of invitations, certifying receipts, witnesses.

Calling a General Assembly
Like before, the GA is usually called by the Management Council (Manager) or the Controlling Council (Controller). Like before, the calling may be initiated by owners representing at least 20% of the common areas. But now, if the manager fails to call a GA by their request, they will not have to refer to the mayor of the municipality, but will be entitled to call it themselves. What a relief!
An important amendment is the right of every owner or user to call a GA in urgent cases or when a GA has not been conducted for more than a year.

According to the new regulation, the main way of announcing the calling of a GA is not personally to every owner. The initiators (be it the Management Council, the Controlling Council or a group of owners) may only seal one invitation on a visible spot at the entrance of the building. They have to do so at least 7 days in advance (it was 3 days before) or no later than 24 hours prior to the meeting in urgent cases. Like before, the invitation must announce the agenda, the date, hour and place of conducting.

Personal calling of owners or users is only provided as a subsidiary option for owners or users who are absent for more than one month from their property and have informed the managing bodies in written about this fact, leaving an address, a telephone number and an e-mail address for calling. Such owner or user will be deemed lawfully invited if he is orally informed (this means by telephone) of the content of the invitation or receives the invitation by e-mail or to the postal address left. A missing owner who has not left an e-mail address, a postal address and a telephone number, will be deemed lawfully called through the sealing of the invitation on the front entrance of the building.

The above regulation would have been very appropriate had it not posed the requirement for absent owners to present a postal address, an e-mail address and (not or) a telephone number altogether and had it not given the option to choose any of the means of calling. While sending an invitation by e-mail or through registered post can be tracked and proven relatively easily, a telephone call is almost impossible to prove, which provides a good precondition for unconscious recording of calling which has not actually taken place.

Apart from this defect, the idea of introducing all these options for calling is very good - it will save the managing bodies the multiple sealing of invitations and knocking on the doors of owners, the dragging of witnesses to certify every refusal or absence, the composition of a protocol for absence or refusal or two receipts for each successful delivery. On the other hand owners are given the opportunity, but also transferred the responsibility to participate more actively in the upkeep of the common areas. If they are absent and don't leave their coordinates, that will be at their cost, they will still be bound by the decisions of a lawfully called GA they have missed.

Another appropriate change is the abolishment of the prohibition to call a GA within the period 15 July - 15 September. For holiday complexes at the sea-side this will provide a better chance for owners, resting in their properties to combine the pleasant with the useful.