New obligations for co-ownership in buildings - Pr/law, penalties for those who do not respect building maintenance rules
Soon, new rules are expected to be established regarding the administration and maintenance of facilities in condominiums in buildings such as palaces, complexes and others. The draft law published for public consultation foresees punitive measures in case of non-fulfillment of legal obligations related to the administration and maintenance of facilities.
The new rules come as a result of the non-implementation of the existing law of 2009 in practice. Apart from the Municipality of Tirana that has managed to create a functional structure to support the implementation of this legislation, all other municipalities in the country have had a variety of problems and disputes in the way the objects in the condominium are administered.
Each co-owner pays an administration fee, i.e. there is a monthly obligation to cover the costs of administration and maintenance of the building. The fee includes the cost of services and maintenance for common areas such as stairs, elevators, lighting and others. Co-owners also have a quota to determine the extent of each owner's participation in joint expenses and decision-making processes.
Regarding the role that the municipalities will have, the latter will keep a card, or co-ownership register, with detailed information about the main characteristics of the property and the way of its administration.
In a building, the owners share responsibility for the maintenance of the common property. Therefore, in the event that an owner or someone acting on his behalf (such as a tenant or contractor) causes damage to these spaces, this owner is responsible for repairing the damage caused. Damages may include damage to common networks such as plumbing or electrical. Also, it is planned to create a reserve fund, in order to be used in case of emergencies.
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