§ 15 Law on ownership of apartments and office space in the context of different application and interpretation problems of practice related to the performance of voluntary auctions as the most effective means of enforcement of arrears.
(I HONOUR. The authorized body on a motion for the auction)
Introduction: In a series of short articles to help you to the most pressing practical problems associated with the pledge form of voluntary auction to the proposal from the owners of apartments and office space. Articles are based on the own knowledge, so in the end you will always find recommendations how to prevent them.
Sharing of apartments and office space is an important area, where the legislature provides a reasonably secure claims statutory lien. Receivables, arising out of actions relating to the house, common parts of the house, common facilities and home accessories, or made by the owner of the apartment or office space in the house, burden on community property owners, or. directly to property owners, if the community does not establish. Payment of these claims are required to perform under the specified ratio of owners of apartments and office space. If part owners failed to comply properly and timely, so could lead to a halting of supplies for the entire apartment house, which would affect all users, regardless of. In order to ensure the claims of owners of flats, who finance their contributions and supplies for the, who fail to comply properly and timely, there is a statutory lien for an apartment or office space in the building for the benefit of the Community; if the community does not establish, there is a statutory lien in favor of other owners of apartments and office space.
In the case of exercise a lien on the home or commercial space in the house, managed by the community, the pledgee under the legal wording of the Community owners as a legal entity, while in the performance management administrators are to all other owners of apartments and office space in the house. Thus, the claim shall recover the Community, which is also entitled to enforce the obligations of owners of flats and business premises under this Act in its own name. Correct, however pledgee should be all owners of apartments and office space, similarly as enshrined in the performance management administrator, because the community is like a person as trustee, which administers and manages the property owners, including claims administration.
Differences writing such lien in the land may in practice result in insurmountable problémy.Pri changing forms of, when establishing a community or. conversely, shall lapse if, is necessary to make a formal change of written information related to legal lien in the land, to avoid complications when the ownership or to prevent damage to the owners, limiting the possibility of enforcement of their claims against defaulters.
We recommend, that every community, which was set up additional, Thus, not simultaneously with the transfer of housing to private ownership, checked written fact sheets on the property binding to homes, which took over management, and unless they have registered a lien in favor of the Community, to promptly filed a motion to amend its registration. In our opinion, By definition, that pledgee should be exclusively the owners of apartments and office space in the house, which include a claim secured by a lien, and regardless of the form of administration in the house.
Only owners of apartments and office space are therefore entitled to bring the proposal to implement a voluntary auction. They are in the position of pledgees and decide by qualified majority vote of all owners of a lawful lien arising under § 15 ODS. 1 Housing Code. Into force comprehensive amendment to the ownership of dwellings 2007 flats for sale at auction was not subject to the consent of other owners of apartments and office space, and thus can be carried out overnight from a debt to a particular dwelling subject to the lien. In practice, it often happened, the owner of the apartment came on his only refuge often due to non-payment of debt, which could be a negligible amount compared to the value of his apartment. The current legislation gives the opportunity and obligation to decide the fate of defaulters absolute majority of all other owners of apartments in the building, thereby eliminated the fear of undue interference with property rights. (collective condemnation)