Currently, the regulatory framework relating to housing include: Housing Law no. 114/1996, republished, with subsequent modifications, law regulating social, economic, technical and legal aspects of housing construction and management of rental housing, and Law no. 230/2007 regarding the organization and operation of homeowners associations, which regulates the legal, economic and technical on the establishment, organization and functioning of owners associations and the administration and operation of residential buildings owned by at least 3 individuals or legal entities, including those who have in their structure spaces with another destination than that of dwelling. The provisions of Law no. 230/2007 refers only to property of type of block of flats.
In the context of diversity of the types of condominiums, it was necessary to redefine the concept of condominium so as to establish the necessary legal framework to protect the rights of all owners who, in addition to individual properties, own common parts of the building.
Through this Law Project is established the legal establishment of all condominiums. The general objectives of the adoption of this Law Project are:
- Efficient management of housing, whether block-dwelling buildings, dwellings located in residential courtyards or residential buildings;
- A better structure of governing bodies of homeowners associations;
- Clarifying the responsibilities and incompatibilities of the members of the governing bodies of the homeowners associations;
- Establish the rules of conduct of the condominium and use of property;
- Clarifying and streamline the relationship between public authorities and associations.
The Law on the establishment, organization and functioning of homeowners associations and condominiums administration regulates the legal, economic and technical provisions concerning: a) the establishment, organization and functioning of the condominiums owners associations; b) administration, maintenance and use of buildings or groups of buildings which have in their structure housing condominiums and spaces with another destination than that of dwelling, owned by at least 3 individuals or legal entities, each having in ownership a individual property and an undivided share in the common property.
This Law Project proposes a new approach to the management of collective housing, the law being also applicable to all buildings with multiple dwellings or a space with individual properties where there are common properties; multi-storey buildings or to some sections with one or more stairs of the building where it can be defined the common property; residential complex consisting of houses and / or buildings with other destination, placed in isolation, enumeration or coupled, were there are common properties and individual properties; to any other property that have in their component land, design and / or shared services, parcels of land, built / un built, subject to the right of the common property.
By the Law Project it is also regulated the procedure of establishment and registration of owners’ associations, condominium rules, tenants associations, as well as the rights and obligations of owners, the use of individual property and common parts, cessation methods of common use for common parts of the condominium, organization and operation of homeowners associations, the administration of condominiums. There are also expressly regulated the provisions concerning revenues and expenditures of the owners association and contracting and invoicing arrangements for public utilities services in condominiums.
If the Law Project is approved, it will enter into force within 60 days after publication in the Official Gazette and will repeal Law No. 230/2007 regarding the organization and operation of homeowners associations, published in the Official Gazette, Part I, no. 490 of 23 July 2007.