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LAW OF THE REPUBLIC OF MOLDOVA

of July 14, 2022 No. 187

About condominium

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Regulation subject

(This law regulates 1):

a) the property relations in condominium;

b) consolidation of owners in condominium in association;

c) other legal relationship connected with the relations provided in Items and) and b).

(2) This law also regulates the simplified transition mechanism:

a) some existing real estate units in the property mode in condominium provided by this law; and

b) owners of some existing real estate units in the organizational forms provided by this law.

(3) This law is applied to all condominiums, irrespective of the residential or uninhabited building or units in condominium, behind the exceptions established by this law.

(4) Provisions of this law are applied as appropriate in case the owner of the building or unit has to the parcel of land of condominium only the right of superficies or other stipulated by the legislation right.

Article 2. Legislation on condominium

The legislation on condominium belongs to the civil legislation and the Civil code No. 1107/2002, other regulations in the field includes this law, the Law on housing No. 75/2015,.

Article 3. Basic concepts

For the purposes of this law the following concepts mean:

the administrator of association (further also - the administrator) - person designated as executive body of association who in sense of Article 177 of the Civil code No. 1107/2002 represents association in the relations with the third parties and carries out other powers established by the charter and this law;

general meeting of association (further also - general meeting) - the authorized body of association consisting of all owners in condominium which powers are established according to this law;

Owners' Association in condominium (further also - association) - the legal entity of private law created in form of business of association for the purpose of management of condominium which part only owners in condominium are;

condominium - complex which form the parcel of land with one or, according to Article 10, several buildings with units which are available in them - objects of exclusive right of ownership, and general parts - the objects of the right of common property intended for use of several owners or their servicing;

condominium of residential appointment - condominium into which one or several units of residential appointment enter;

council of association (further also - council) - collegiate organ of association which powers are established according to this law;

share - the share in the right of common property falling on each owner in condominium and equal to the relation of total area of unit to the amount of total areas of all units in condominium;

contribution - the corresponding amount from expenses of association which each owner in condominium shall pay (monthly etc.) according to provisions of this law;

the right of common property - the forced and termless right of common ownership of owners in condominium concerning general parts;

the property right in condominium - exclusive right of ownership per unit of together with respective share of participation in the right of common property which in total belong to the same owner in condominium;

fund of repair and development (further also - fund) - the fund with particular legal regime created, which is under authority and used by association according to this law;

business entity of condominium (further also - business entity) - the physical person or legal entity appointed according to this law (other than association) which shall render economic services, and also services in management of condominium in amount and on the conditions specified in the service provision agreement on economic activity;

general parts - the parcel of land and parts of the building in condominium which are not units and intended for use of all owners in condominium or some of them, and also other property which according to the law or the deed of foundation of condominium is intended for general use by all owners in condominium or some of them;

platform E-condominium - the information system "Government Platform of Informing and Participation in Management of Condominiums" (E-condominium) which is under authority of the Agency of electronic control which provides submission of information and communication according to the procedure, stipulated in Article 65;

the chairman of the board (further also - the chairman) - the physical person designated in this quality by general meeting or council (according to the charter) which directs work of council of association. The chairman of the board can be appointed also as the administrator;

the owner in condominium (further also - the owner) - physical person or legal entity, the state or administrative and territorial unit, being owners of the property right in condominium;

regulations of condominium - the internal document containing set of rules of conduct of owners in condominium and other subjects aimed at providing procedure and proper functioning of condominium which determine procedure for use of general parts, and also containing cumulative punishments which can be applied by association in case of violations;

services - the execution of any sort delivered for a fee, such as supply with water, natural gas, other goods, works or rendering of services;

the mediated services - services, including municipal, such as heat supply, sanitary servicing, water supply, the sewerage, purification of waste and storm waters which owners and owners of units, but which, depending on specific situation in condominium, for the technical or legal reasons shall be provided indirectly through association based on the contract with the supplier use or can use and on which the conclusion of individual contracts with owners or owners of units or drawing of individual accounts is impossible;

the parcel of land of condominium - the parcel of land in the established borders on which the condominium building, and the adjacent parcel of land necessary for servicing of owners in condominium and proper operation of the building constituting common ownership of all owners in condominium is located. If owners of general parts have on the parcel of land of condominium only rights of superficies or other stipulated by the legislation right, this right to the parcel of land enters general parts, and available in this law of the reference to the parcel of land are considered as references to the appropriate right to the parcel of land;

unit - housing, the isolated uninhabited room or the parking space in the building if they answer stipulated by the legislation conditions which are constructed or shall be built, registered at separate cadastral number in the real estate register and being object of exclusive right of ownership of the owner in condominium.

Chapter II the property Mode in condominium

Article 4. Foundations of organization of condominium

The condominium is established:

a) based on the deed of foundation of condominium according to this Chapter; or

b) on other special bases provided by Chapters VI and VII of this law or the Law on the inventory of real estate No. 1543/1998.

Article 5. Organization of condominium act of the owner or joint owners of the parcel of land

(1) the Condominium is established based on the deed of foundation concluded by the single owner or all joint owners of the parcel of land and if is available, the building located on this parcel of land. If concerning the parcel of land there is right of superficies, the condominium is established based on the deed of foundation concluded by the only thing or all superficiaries.

(The Deed of foundation of condominium shall include 2):

a) names or names, residential addresses or locations of the parties of the act;

b) address of condominium, cadastral number of the parcel of land and cadastral number of the building of condominium;

c) the complete and exact description of each of units in condominium, its appointment, share or, in case of the future or construction in progress, the shares which are originally planned for the corresponding unit, specifying of owners/owners of each unit;

d) complete and exact description of general parts and their appointment;

e) the complete and exact description of basic rights of exclusive use, mark about special contribution of owners of such rights and specifying of the first owner of each basic rights of exclusive use;

f) the complete and exact description of the accessory rights of exclusive use, mark about special contribution of owners of such rights and specifying of the first owner of each ancillary power of exclusive use;

g) in the presence - all departures from pro-rata rule in execution of expenses, including expenses which incur only certain categories of owners;

h) right to the parcel of land.

(3) the Deed of foundation may contain also other provisions which are not contradicting the law relating to condominium.

(4) the Deed of foundation of condominium consists in writing under the threat of negligibility.

(5) the project documentation and the permission for construction of the building of condominium are attached To the deed of foundation (except for case when on the date of creation of the deed of foundation the building of condominium is put into operation, is registered in the real estate register and its description in the deed of foundation corresponds to actual state of the building), and also - in case of consolidation of owners in association - the decision on creation of association according to Article 22, signed by the parties of the deed of foundation of condominium.

(6) If the deed of foundation of condominium as form of business of consolidation of owners provides association, the parties of the deed of foundation represent the deed of foundation of condominium as to cadastral body for the location of real estate, and to territorial structure of body of state registration together with the decision on creation of association. Suspension of consideration of the application or its variation on the bases provided by the law attracts with one of the specified bodies suspension of consideration or variation of the application submitted to other body. The body which suspended consideration or rejected the statement notifies on it other body.

(7) If at the time of organization of association components of condominium are at construction stage, activities of association stop before date of delivery in operation of at least one building in condominium or before date of convocation of the first general meeting of association depending on what will come earlier.

Article 6. Registration of condominium in the real estate register

(1) the Condominium is considered founded from the date of entering of records into the real estate register based on the deed of foundation or on other bases provided by the law.

(2) the Exclusive right of ownership for units and the right of common property arise owing to their registration in the real estate register on the conditions provided by the Law on the inventory of real estate No. 1543/1998.

(3) the Building which construction is planned units and shares corresponding to them are registered in the real estate register marked "future property" according to the deed of foundation of condominium, the project documentation and the construction license.

Article 7. Consolidation of owners in condominium

(1) According to conditions of this law owners in condominium unite in association.

(2) the Decision on creation of association is made, depending on circumstances:

a) at stage of organization of condominium according to Article 5; or

b) at transformation stage from other form of business according to Article 87.

Article 8. Modification of the deed of foundation of condominium

(1) the Deed of foundation of condominium can be changed only by the statement of modification which is drawn up by owners who possess two thirds of shares in condominium provided that the planned changes do not contradict the legislation on quality in construction and do not change architectural furniture is essential. According to the procedure of exception if for date of the conclusion of the deed of foundation of condominium the structure has the status of future property, final shares are registered in the real estate register based on the act of modification of the deed of foundation of the condominium concluded by the subject providing construction, the building constituted based on documents on acceptance.

(2) the Act of modification begins to be effective concerning all owners from the moment of modification of the real estate register. The act of modification cannot diminish the rights of the owners who did not imprison him, except for reduction of share owing to creation of new units, abolition or change of the existing units.

Article 9. Abolition of condominium

The condominium is abolished:

a) in case all units became property of one owner, - according to its statement according to the legislation on forming of real estate units;

b) under the threat of negligibility, based on the prepared technical documentation and the written agreement signed between all owners in condominium which the rights of exclusive property stop and or the mode of common ownership on all objects of property forming condominium, or all objects of property forming condominium it is set share in nature according to the legislation;

c) in case of death or accidental destruction of the building, - using Article 20 conditions.

Article 10. Components of condominium

In the form of condominium can be organized:

a) the parcel of land with one building or with several buildings in which there are units in number of two or more and general parts;

b) the parcel of land with the housing estate formed by several individual apartment houses and/or buildings of other appointment, separate, townhouses or duplexes in which there are units and general parts;

c) any other buildings as a part of which there are units which are in ownership according to exclusive right of ownership and also the parcel of land, constructions and/or services which are object of the right of common ownership.

Article 11. General parts

(1) General parts are:

a) consisting both from built up, and from the vacant areas the parcel of land in the established borders on which the building and extensions to it are located and which depending on nature or purpose of the building provides access to the building, its proper exploitation and servicing of owners. Differentiation of borders of this parcel of land is performed according to the legislation and documentation on town planning, with observance of regulations of the minimum area necessary for living areas (the rest area, the playground, parking spaces etc.);

b) the building with all extensions, elements of the general equipment, including the parts of its infrastructure crossing units and general parts;

c) the base, passes, ladders and staircases, corridors, external walls and partitions between the rooms which are in property, and/or rooms public and the cellar intended for general use, flues, halls, networks of drinking water supply and hot water service for economic needs, sewer networks, power networks, networks of electronic communications, networks warm and gas supply from connection distributing/point to distribution Item to units which are in exclusive property, the storm drains, lightning rods, collective antennas, attics and cellars intended for general use, boxes, laundries, dryers, elevators, on-door speakerphones (the part of installation which is in common property), water storage tanks, own boiler room of the building, refuse chute, the strengthening design, facades, roof, terraces;

d) other rooms in the building which are not belonging only to owners and intended for satisfaction of social needs of owners including the rooms intended for rest, cultural development, exercises and sport, children's playgrounds;

e) the yards, gardens and sidings located in borders of the parcel of land of condominium.

(2) Items of differentiation of internal networks and installations in condominium and public networks and installations are:

1) in network of water supply - exit from the measuring equipment (counter) installed in the cellar / on the technical floor of the apartment apartment house it agrees to the notification on connection issued by the operator of service;

2) in sewer network - sewer well of accession to public network in the direction of discharge of sewage;

3) in network of centralized heat supply - the last shutters of the third and fourth valve from strut node, namely:

a) in case of the individual thermal Item (ITP) which is on balance of the supplier - external wall of the building of ITP at the exit of thermal networks;

b) in case of the individual thermal Item (ITP) which is on balance of the consumer - external wall of the apartment apartment house;

c) in case of apartment apartment houses with nodes of struts - the last shutters of the third and fourth valve;

d) in case of apartment apartment houses with nodes of management - gates after giving node;

e) in case of apartment apartment houses without cellar - external wall of the apartment house.

(3) in case of destruction or demolition of the building the parcel of land on which the building was located including the parcel of land intended for operation of critical infrastructure of the building and infrastructure facilities of the territory remains to owners on the right of common ownership according to shares at the time of destruction or demolition. Joint owners continue to own, use and dispose of this parcel of land according to the legislation.

(4) the parcels of land or constructions, Next to condominium, acquired by association based on the decision of general meeting also become general parts even if as the owner in the real estate register the association is specified.

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