The Ombudsman proposes changes to the Condominium Management Act
Fine for neighbors who do not want to pay the monthly fees for management and maintenance, as well as for urgent and necessary repairs to the entrance.
This is one of the proposals of the ombudsman Diana Kovacheva for changes in the Condominium Management Law (ZUES),
She sent a letter to the Minister of Regional Development and Public Works, Petya Avramova, with six recommendations for changes that, in her opinion, will solve the problems in the relations of those living in condominiums. The recommendations were prompted by the many complaints about scandals at entrances and misunderstandings between neighbors when funds need to be collected or urgent repairs carried out.
The Ombudsman suggests:
- Defining management costs – these are the costs of remuneration of management and control bodies and distinguishing them from
The definition of a management charge will encourage and support the activities of condominium managers and stimulate the proper management of condominium buildings.
- Refinement of the provision of Art. 51 of ZUES. In the current regulation, the possibility of some owners who do not occupy their homes being exempted from the management and maintenance fee is regulated, which leads to tension in the condominium and creates a condition for unfair distribution of costs.
In this sense, it is good to consider the possibility that when allocating the maintenance costs of the common parts, the same should be owed by the owners regardless of the habitability of their individual objects, given the costs of subscriptions and services in the building, which are paid continuously.
- Simplifying the quorums for conducting and making decisions at the general meeting of owners. This is necessary in view of the growing number of unoccupied dwellings in buildings and disinterested owners who do not attend general meetings in condominium buildings.
- A change related to the expansion of the powers of the general assembly is especially necessary when an owner in a condominium building does not want to pay the monthly fees for management and maintenance, as well as for urgent and necessary repairs.
- Regulation of professional condominium management activities and the creation of a registration regime for companies performing management and maintenance activities of condominium buildings.
In this way, uniform standards will be introduced for this activity, as well as state control over their activity will be regulated.
- Increasing the rights and obligations of local authorities in the control of the implementation of the law. In my work, I am constantly faced with problems of citizens, where the basic principle of the law - "self-regulation" is not feasible.
In many cases, the owners cannot come to a clear decision and manage the condominium properly. This leads to heightened tension among those living in condominiums.
In these cases, they need the local authorities to act as arbiters of the problems that arise between them.
The deadline for providing ideas for change was April 15, 2019, but so far no draft has been published for public consultation.
December 23, 2019