Continuing the topic of condominium co-owners’ rights, today we will discuss the governing bodies, their duties and powers, the possibility of supervising their activities, and the participation of co-owners in management matters.
The Condominium Act clearly defines which bodies are responsible for specific matters, how they report, and how they interact with the General Meeting of Co-Owners.
Condominium Manager.
The manager may be either an individual or a legal entity (management company), which appoints an individual to act as manager.
The appointed person must meet the following requirements:
- at least 25 years of age.
- not declared bankrupt.
- legally competent.
- not previously dismissed for misconduct.
- no criminal conviction, except for negligent offences or minor infractions.
- not removed from the position of manager for corruption or immoral conduct.
- no outstanding condominium fee arrears.
Powers and duties of the manager.
- act in accordance with the objectives and rules of the condominium, as well as resolutions of the General Meeting and the Committee.
- take measures to ensure building safety.
- maintain order within the condominium premises.
- represent the condominium juristic person.
- keep records of income and expenses, and publish a report on the notice board within 15 days after the end of each month.
- file court claims against co-owners whose payments are overdue for more than 6 months.
- perform other duties required by law.
Important: co-owners with overdue payments must pay a penalty of 12% per annum on the outstanding amount, unless otherwise provided in the rules.
The manager is appointed by the General Meeting of Co-Owners by majority vote representing not less than 25% of all voting rights.
The appointment must be registered with the Land Department within 30 days.
Condominium Committee.
The Committee is formed at the General Meeting and consists of 3 to 9 members.
The term of office is 2 years, with no more than two consecutive terms permitted.
Committee members may include:
- a co-owner or spouse of a co-owner.
- a guardian, in the case of an incapacitated or minor co-owner.
- a representative of a legal entity that is a co-owner.
Powers and duties of the Committee.
- supervise the activities of the condominium juristic person.
- appoint an acting manager if the main manager is absent for more than 7 days.
- hold Committee meetings at least once every 6 months.
- perform other duties prescribed by law.
How to protect your interests.
To fully understand the management structure of your condominium, it is important to review its internal regulations.
These rules must not contradict the law or infringe the rights of co-owners.
Alexandra Agapitova.
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