LAW NO. 145 DIN 1999 FOR THE AMENDMENT AND COMPLETION OF HOUSING LAW 114/1996
1. Article 5 shall be supplemented by paragraphs 3 and 4 with the following content:
"Are exempt from VAT, with the right to deduct it, the construction of dwellings, consolidation and rehabilitation of existing dwellings, realized under the conditions of paragraphs 1 and 2 of this article, of Articles 6 and 7, Articles 20, 50, 55, 62 and 63 as well as the construction, rehabilitation, consolidation and extension of dwellings, except for holiday homes whose financing is provided by credits granted by the National Housing Agency, established on the basis of Law No. 152/1998.
The works on the buildings and the land necessary for the construction of dwellings, with the exception of holiday homes made by the National Housing Agency, are of public utility. "
2. Paragraph 2 of Article 7 shall have the following content:
"The persons in the categories mentioned in letters a) -d) may benefit from a subsidy from the state budget, within the limits of the annual budget provisions, in relation to the average monthly net income per family member, up to 30% of the value of the dwelling calculated at its final value, as well as the payment in monthly installments for a 20-year period of the difference from the final price of the dwelling, after the 10% minimum subsidy and the required minimum advance paid by the contractor, the value of the dwellings calculated at the date of the contract. "
3. Paragraphs 3 and 4 of Article 7 shall be repealed.
4. Article 13 shall be supplemented by the following paragraph 2:
"Unrepartmental or uncontracted dwellings may be sold under the terms of the law."
5. Paragraphs 1 and 5 of Article 20 shall have the following content:
"The House of Savings and Consignments will grant loans to Romanian citizens who are domiciled in Romania for the construction, purchase, rehabilitation and repair of the capital of private homes whose built-up areas do not exceed the limits of Annex 1 for a maximum of 20 years Loans are granted at an interest rate equal to that granted by the House of Savings and Consignments to the Term Deposits of the Population, plus a margin of 5 percentage points, and are subject to:
a) 15%, by the beneficiary of the credit;
b) the difference, up to the total interest rate, including the interest margin, from the state budget, within the limits of the approved annual provisions for this purpose in the budget of the Ministry of Public Works and Territorial Arrangements.
At the deposited warehouse, Savings and Savings House will pay an interest equal to the one for one-year deposits. The deposit will not be refunded before the full repayment of the loan and can be used to repay the last tranches of the loan, within the amount of the deposit made up. "
6. Article 20 shall be supplemented by paragraph 9 with the following wording:
"The provisions of this article may also benefit, in view of the completion of construction works, of persons who have bought, according to the law, dwellings in different stages of construction, located in blocks that were started before 1990 and unfinished."
7. Article 27 shall have the following content:
"Art. 27. - In the case of definitive departure of the domicile by the owner of the lease or his death, as well as in the case of the contract holder, a non-resident, who, without being separated, has not used the dwelling for more than 2 years , without interruption, continuous rental by case:
a) for the benefit of the husband or wife if he resided with the holder;
b) for the benefit of descendants or ascendants, if they have lived with him;
c) for the benefit of other persons who have had the same residence with the holder for at least one year and who have been included in the rental agreement.
In the case of several applications, the benefit of the lease is ordered by court order.
In the absence of persons who can apply for housing, (1), the lease shall be terminated within 30 days from the date of departure of the domicile by the contract holder or from the date of the death or the completion of the 2-year period of uninterrupted use of the dwelling. "
8. Paragraph (b) of paragraph 2 of Article 34 shall have the following content:
"(b) carrying out the formalities necessary for engaging in contracts with service providers for the operation and maintenance of the building, carrying out and monitoring the performance of such contracts;"
9. Paragraph 2 of Article 35 shall have the following content:
"For this purpose, owners can be formed in associations with legal personality."
10. After Article 35, Article 35 is inserted with the following wording:
"Article 35 - The Owners' Association has a property privilege with a priority status on the flats and other spaces owned by its members as well as a privilege on all their movable assets for the amounts owed as a contribution to the common expenses of the building with several apartments and / or spaces with a different destination than the home, after the court fees due to all the creditors in whose interest they were made.
The privilege is registered in the real estate publicity register of the court at the request of the president of the owners' association on the basis of the extracts on the monthly lists of payment of the contribution quotas resulting in the amount due if the claim represents a delay of at least 3 months . The privilege is canceled at the request of the legal representative of the association or the owner, on the basis of the receipt or other document by which the association confirms the payment of the due amount.
Real estate advertising operations related to the privilege provided in paragraph 1 and 2 are exempt from stamp duty. "
11. Paragraph 1 of Article 42 shall have the following content:
"They have access to the social housing for rent, families or persons with a net monthly average income, achieved in the last 12 months, at least 20% below the net monthly income per family member or, as the case may be, per person in accordance with the provisions of Article 8, paragraph 2. "
12. The letter d) of article 48 shall have the following content:
"d) they own as a tenant another house in the state housing stock."
13. Article 56 shall be supplemented by the following paragraph 2:
"Free housing can be temporary as a social housing fund."
14. Paragraphs 2 and 3 of Article 58 shall have the following content:
"The official residences of persons referred to in paragraph (1) shall be allocated by the Government and shall be made available, together with the related facilities, during the period of office, by the Autonomous Administration of the State Protocol Patrimony Administration.
The list of buildings for official residence as well as other protocol dwellings and the conditions they have to meet, including those of endowment and comfort, shall be established by Government decision. "
15. Article 59 shall be supplemented by paragraphs 4 and 5 with the following wording:
"The protocol dwellings shall be located only in buildings with reduced number of apartments intended for such use.
The surfaces of the protocol dwellings shall be at least 30% higher than those provided in annex no. 1, which is an integral part of this law. "
16. Article 62 shall be supplemented by paragraph 4 with the following wording:
"The dwellings made under the provisions of the Government Ordinance no. 19/1994, for which no repartitions have been issued and no pre-contracts or sale-purchase contracts have been concluded until their completion, can be distributed and contracted in the conditions stipulated in art. 7 and 10. "
17. Article 69 shall have the following content:
"Art. 69. - The owners of the multi-dwelling buildings in private or mixed ownership, established in tenant associations according to Law No. 5/1973 on the management of the housing stock and the regulation of the relations between the owners and the tenants, are reorganized into associations of owners, in accordance with the Framework Regulation of the owners' associations, contained in Annex 2 which is an integral part of this law.
Until the establishment and operation of Land Book Offices, the registration of the property in order to form associations of owners is done in the advertising registers of the transcription offices and real estate inscriptions of the judges.
Until the date of acquisition of the legal personality of the owners' association, the associations of tenants constituted according to the Decree of the State Council no. 387/1977 approving the Statute on the organization and functioning of the tenants' association shall operate on the basis of its own statute and the provisions of this law. "
18. Article 70 is repealed.
19. The letters a) and i) of Article 3 of Annex no. 2 will have the following content:
"a) By block of flats-building-condominium is understood a real estate property of which some parts are individual properties, represented by apartments or spaces with a different destination than that of the dwelling, and the rest, common property indivize.
By assimilation, a condominium and a section with one or several stairs can be defined within the residential building, in the conditions in which the common property can be delimited.
Real estate is not a condominium unless the common ownership share belongs to the owners and can not be separated from the ownership of flats or premises other than home;
"i)" common expenses "means the costs or financial obligations of the association which are related to the exploitation, repair or maintenance of the common property or which can not be recorded on each individual property."
20. Articles 4 and 5 of Annex no. 2 will have the following content:
"Art. 4. - The owners' association is constituted on the basis of the decision of at least half plus one of the number of the owners of the flats and the spaces with a different destination than the one of a building.
In residential buildings with multiple sections or stairs, owners' associations may be formed on each section or scale, if the common property belonging to the section or staircase can be delimited and if it is possible to allocate common expenses on sections or stairs.
Art. 5. - The application for the acquisition of the legal personality of the owners' association, together with the statutes, the association agreement and the minutes of the constituent assembly, shall be registered with the local financial body in whose territory the building is located.
The owners' association acquires legal personality based on the conclusion of the judge delegated to the local financial organ by the president of the court in whose territorial jurisdiction the building is located.
The conclusion is made without the parties quoting and is enforceable.
Conclusion is subject to appeal within 5 days of communication. The appeal is to be judged by the parties' summons. "
21. Paragraph 1 of Article 6 and Article 7 of Annex II. 2 is abrogated.
22. Article 8 of Annex no. 2 will have the following content:
"Art. 8. - The Association Agreement must contain mentions regarding: the name, surname and residence of the owners, the individualization of the property according to the title of the property."
23. Article 10 of Annex no. 2 will have the following content:
"Article 10. - The determination of the share of the common property repair costs of each condominium owner is made in proportion to the share of the common property of the individual property. The costs incurred for the payment of services related to the individual properties in the condominium and which can not be recorded on each of them or for services related to the operation and maintenance of the common property shall be distributed in accordance with the norms and norms envisaged for their joint invoicing and / or according to the clauses stipulated in the contracts concluded with the respective suppliers services."
24. Article 11 of the Annex. 2 will have the following content:
"Art. 11. - In the case of spaces or apartments with more than one owner, the co-ownership relations shall be governed by common law."
25. Article 12 of Annex no. 2 will have the following content:
"Article 12. - The Association Agreement and the Statute may be amended under the same conditions as for the establishment of the Association.
The modifications provided in paragraph 1 shall be registered under the conditions laid down for the acquisition of legal personality. "
26. Article 13 of Annex no. 2 will have the following content:
"Article 13 - Subsequent registration in the owners 'owners' association of the owners who have not been present at the constituent assembly shall be made at their request without further formalities."
27. Paragraph 3 of Article 21 of Annex no. 2 will have the following content:
"For special situations, the Association meeting may be summoned at any time by the Executive Committee or by members of the Association who hold at least 20% of the ownership interest."
28. Article 22 of Annex no. 2 will have the following content:
"Art. 22. - The owners' association may take decisions if the majority of the members are present in person or by a representative.
If the quorum is not met, the assembly will be suspended and reconvened.
At the reconvened assembly, if there is proof that all members of the owners' association have been convoked, the decisions may be adopted by the majority vote of the members present.
The decisions of the general meeting of the owners' association on the proper maintenance and operation of the dwelling are mandatory for owners in the same building who are not members of the association. "
29. The introductory wording of paragraph 1 of Article 23 of Schedule A. 2 will have the following content:
"Art. 23. - For the adoption of decisions of the owners' association, the following shall be considered:"
30. Paragraph 2 of Article 23 of Annex no. 2 will have the following content:
"The decisions of the owners' association will be taken by the vote of the majority of the members of the association present at the meeting."
31. In Article 24 of Annex no. 2, letters b) -e) and h) -j) shall have the following content:
"b) employs and relieves from the position of the person managing the property or of the other employees or employees, for the administration and proper functioning of the building; the personnel necessary for the good management of the parts and the common use of the buildings can be hired by an individual contract work or civil convention;
c) acts or sues in court, in his own name or on behalf of the associated owners, the interests related to the building;
d) concludes contracts and assumes obligations in its own name or on behalf of the associated owners, in the interests related to the building;
e) regulate the use, maintenance, repair, replacement and modification of the common property parts;
h) ensure the completion of the technical book of the building;
i) ensure the tracking of the construction behavior over time, throughout its existence;
j) exercise other attributions conferred to it by the Association Agreement or by the vote of the Associated Owners. "
32. Article 25 of Annex no. 2 will have the following content:
"Art. 25. - If a decision of the owners' association is contrary to the law or the association agreement or is likely to cause considerable damage to the interests of the owners, they may appeal against that decision within 60 days of its adoption. Action in court must not interrupt the execution of the judgment unless the court orders its suspension. "
33. Article 27 of Annex no. 2 will have the following content:
"Art. 27. - The president of the owners 'association represents the association in carrying out the contracts and assumes obligations on its behalf. It represents the owners' association against a third party, including the actions initiated by the association against an owner or tenant who has not fulfilled its obligations to the association or to the proceedings initiated by an owner challenging a decision of the owners' association. "
34. After Article 31 of Annex no. 2 Article 31 is inserted with the following wording:
"Article 31 - The provisions of this Framework Regulation relating to apartment owners shall also apply to owners of non-residential premises other than residential premises located in dwelling buildings."
Art. II. - House Law no. 114/1996, republished in the Official Gazette of Romania, Part I, no. 393 of December 31, 1997, with subsequent modifications and completions, including those brought by this law, shall be republished in the Official Gazette of Romania, Part I, giving the corresponding numbering to the texts.
This law was adopted by the Chamber of Deputies in the meeting of June 28, 1999, in compliance with the provisions of art. 74 par. (1) of the Romanian Constitution.
This reproduction is consistent with the original.