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Monday, 05 June 2017 13:15

Amendments to the Law on Residential Properties

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From 1 January 2017, amendments from 17 November 2016 to the Law on Residential Properties (hereinafter - the Law) has entered into force. In addition to the apartment owner's duties already defined in the Law, the apartment owner has the following duties:

- to respect the specification of restrictions for the right of use made by the community of apartment owners (Section 10, Paragraph one, Clause 9);

- after alienating the residential property, to inform the beneficiary about the obligations that are not fulfilled by the apartment owner relating to the use of residential property (Section 10, Paragraph one, Clause 10);

- to submit the proof of the apartment ownership to the residential house administrator or the person that in accordance with the management contract keeps the file of the residential house (Section 10, Paragraph one, Clause 11);

- to make the payments according to Section 10, Paragraph one, Clause 2, 3 and 5 ) for the residential property that has been sold in the auction (to cover the administration expenditure of the residential house in accordance with the procedures specified in Section 13 of this Law; to settle accounts for the received services, which are related to the use of the residential property (for example, heating, cold water, sewerage and removal of household waste); to make lease payments for the use of land, if the residential house is located on land belonging to another person) from the date when the court decision on Auction Act approval has entered into force (Section 10, Paragraph two);

- after alienating the residential property, the parties of the transaction shall immediately inform the residential house administrator by a written notice about the transfer. The beneficiary of the residential property shall submit the proof of the apartment ownership to the residential house administrator or the person that in accordance with the management contract keeps the file of the residential house (Section 10, Paragraph three);

- the apartment owner according to the existing joint property share included in his or her residential property, shall cover the payments of the savings fund on the basis of the decisions made by the community of apartment owners. When making the decisions made by the community of apartment owners, the by the community of apartment owners evaluates the documentation supporting the activities or their cost effectiveness. Payment rules and procedures for use are determined by the community of apartment owners (Article 13, Paragraph 2.1 and Paragraph 2.2);

- decisions made by the community of apartment owners within a reasonable time, but not later than in one month period from the date of its adoption, shall be sent to the residential house administrator (Article 18, Paragraph six).

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