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Bulgarian Regulations on Condominium Management, Order and Supervision
Last update: 2008-08-22 04:49:05
I. General Dispositions
Article 1. (Amended, Izvestiya No. 14/1957) (1) (Amended, SG No. 87/2002) When using parts of a building to which he has title any inhabitant of a floor or part thereof shall be obligated not to do or allow anything that may place the building at risk of fire or considerable damage.
(2) (Amended, SG No. 87/2002) That inhabitant may not, without the agreement of the general meeting, engage in activity that may create for the inhabitants of the other premises larger than usual inconvenience.
(3) (Amended, SG No. 87/2002) Upon using own parts of the condominium building an inhabitant shall be obligated to abide by good morals.
Article 2. (1) (Amended, SG No. 87/2002) Each holder of title shall be entitled to reconstruct own parts (individual units) of the building without changing or occupying premises, spaces or parts thereof intended for common usage and without endangering the bearing capacity of the building structure and the fire safety and safe use of said building.
(2) (Repealed, SG No. 87/2002).
(3) (Amended, SG No. 76/1978, SG No. 87/2002) Changes and reconstructions of the buildings or parts thereof shall be made in accordance with the provisions of the Spatial Development Act.
Article 3. (1) (Amended, Izvestiya No. 14/1957, renumbered from Article 3; amended, SG No. 87/2002). Each inhabitant shall be entitled to use the common areas of the building according to their purpose, providing that inhabitant does not thereby hinder the other inhabitants in using them or does not encroach upon their title to use their separate premises. He/she shall be obligated to provide access in own premises for investigation, design, measurement or building and erection works related to improvements, repairs or changes of common areas or premises of others in the cases provided by a law.
(2) (Amended, SG No. 87/2002) One or more title holders shall be entitled to use common areas of the building on the basis of a decision of the general meeting under conditions and a procedure established by the [relevant] Rules of Internal Organization and Procedure;
II. General Meeting
Article 4. (Amended, Izvestiya No. 14/1957) (1) (Amended, SG No. 76/1978, No. 87/2002) The General Meeting of owners shall be entitled to:
1. adopt Rules of Internal Organization and Procedure
2. elect a management board or a manager for a period of two years;
3. elect a supervisory board of no less than three members for a period of three years in the case of condominium with more than 15 housing units, ateliers, garages, shops or other sites to which different owners have title;
4. determine monthly cash contributions for covering the costs of management and maintenance of common areas of the building and for other general costs;
5. determine the amount of monthly cash contributions for unforeseen costs related to repair of accidents or damages of installations, equipment, systems or other common areas of the building, as well as the manner in which the collected funds shall be kept;
6. adopt an annual plan for repairs in the building;
7. by end-January each year adopt an annual budget of maintenance fees and costs for the management and maintenance of the common areas and shared use;
8. distribute the total costs for lighting, water supply, heating, maintenance, cleaning and other of the common areas and by individual consumers in the case of absence of measurement devices in pursuance to the statutory instruments;
9. adopt decisions for rental or gratuitous use of premises, spaces or parts thereof that are common areas of the building;
10. determine the manner of storage of collected cash and shall authorize a person or person that shall have the right to operate therewith;
11. pass a decision for reconstructions and remodelling in the common areas of the building and. determines the necessary costs therefore;
12. authorize the management board or the manager to decide on their own concerning the execution of necessary minor repairs or costs;
13. adopt decisions on eviction from building of owner of floor or part of floor in pursuance to Article 45 of the Ownership Act.
14. pass decisions in the cases required by imperative provisions of acting statutory instruments pertaining to heating and water supply, sanitary and hygiene standards and other activities in the condominium;
15. resolve all other matters that have not been commissioned for resolution by the management board or the manager.
(2) (Amended, SG No. 87/2002) The general meeting shall pass decisions providing at least three-fourths of the title holders are present. The decisions shall be passed with a majority of the votes of title holders attending the meeting.
(3) (New, Izvestiya No. 32/1957) In case the necessary number of persons fail to attend at first call, the meeting shall be adjourned for one hour later, with the same agenda, and shall be deemed legal without regard of the number of persons attending.
(4) (Renumbered from Paragraph (3), Izvestiya No. 32/1957) The general meeting may not refuse making of costs necessary for the maintenance or restoration of common areas of the building.
(5) (Renumbered from Paragraph (4), Izvestiya No. 32/1957; amended, SG No. 87/2002) The Rules of Internal Organization and Procedure shall determine:
1. the bodies of condominium management;
2. the principles and procedure of budget compilation;
3. the conditions and procedure of leasing or permitting gratuitous use of premises, spaces or parts thereof that constitute common areas of the building;
4. rules related to the usage and maintenance of the building and the hygiene therein and around it with the provision of safety and peace of the inhabitants thereof;
5. sanctions for systematic non-participation in meetings of the general meeting, as well as for other violations of the Rules;
6. other requirements related to instructions of the local authorities.
Article 5. (Amended, Izvestiya No. 14/1957) (1) (Amended, SG No. 76/1978) In case other inhabitants inhabit the building on individual legal grounds the general meeting, with the participation of title holders and the other inhabitants on individual legal grounds, shall resolve the issues pertaining to property interests of the former and the latter, as well as matters pertaining to the use, hygiene and maintenance of the common areas, preservation of internal order in the building and good coexistence between the inhabitants.
(2) (Amended, SG No. 73/1979, repealed, SG No. 87/2002).
(3) (Supplemented, Izvestiya No. 32/1957; amended, SG No. 76/1978, No. 87/2002) The general meeting referred to in Paragraph (1) may pass decisions in case of the presence of more than half of the title holders and the other inhabitants on individual legal grounds. The decisions shall be passed with a majority of the votes of those attending the meeting. Article 4 (3) shall also apply to these meetings.
(4) (Amended, SG No. 76/1978; repealed, SG No. 87/2002).
(5) (Amended, Izvestiya No. 32/1957; SG No. 76/1978; repealed, SG No. 87/2002).
Article 6. (1) (Amended and supplemented, Izvestiya No. 16/1952, amended, Izvestiya No. 14/1957; SG No. 76/1978) The general meeting shall be convened by the manager or the management board.
(2) (Amended, SG No. 73/1979; No. 87/2002) The general meeting may also be convened at the request of one-fifth of the title holders (Article 4) or the title holders and other inhabitants (Article 5). Should the manager or management board fail to convene the general meeting within seven days following a request to that end, it shall be convened by the persons that have requested the convention thereof.
Article 7. (1) (Amended, Izvestiya No. 14/1957; SG No. 76/1978) The general meeting shall be convened by personal invitations, which shall be delivered at least three days before the meeting and, in emergency cases, at least 24 hours prior to said meeting.
(2) The absent shall be considered invited when the invitation has been attached to the front door of the dwelling, atelier, garage, etc. within the time-limits referred to in the previous paragraph. The persons who live in another nucleated settlement shall be invited by a person of their own choice living in the condominium or, where such a person has not been named, they shall be invited under the procedure for absent persons.
(3) Co-owners shall be invited by delivery of the invitation to one of them who shall be obligated to notify the others. When none of the co-owners inhabits the condominium they shall be obligated to name a person living therein through whom the invitations and notifications shall be delivered. In case they fail to do so they shall be invited under the procedure indicated in the previous paragraph.
(4) The invitation shall state the agenda. The agenda shall include any issue the deliberation of which an owner or another inhabitant has requested in writing from the manager or the management board prior to the issuance of the invitation.
Article 7a. (New, SG No. 76/1978) (1) The owner of one or more independent units (dwelling, atelier, garage, etc.) shall have one vote in the general meeting. Co-owners shall have one vote together. In the case of marital co-ownership the spouses shall have one vote together. The right to vote shall be exercised by the co-owner, spouse or representative thereof attending the meeting.
(2) The other inhabitants in an individual dwelling unit, atelier, garage, etc. shall have one vote.
Article 8. (1) (Amended, Izvestiya No. 14/1957; SG No. 87/2002) All repairs, improvements and instances of redesign in the common areas and on the common facilities shall be made only by decision of the general meeting of the condominium.
(2) (Amended, SG No. 87/2002) The costs for maintenance or restoration of common areas in the condominium for which there is a decision of the general meeting shall be distributed among the owners in proportion with their share in the common areas of the condominium.
(3) Costs that are beneficial but are not necessary shall be made in pursuance to a decision of the general meeting passed with a majority of three-fourths of the members attending the meeting.
(4) In case in the course of the year the need arises of making costs that have not been calculated in the budget the general meeting shall enter the necessary supplements therein.
Article 8a. (New, Izvestiya No. 14/1957, repealed, SG No. 87/2002).
Article 9. (Amended, Izvestiya No. 14/1957) (1) (Amended, SG Nos. 76/1978, 73/1979, 87/2002) The costs for lighting, water, maintenance, cleaning, etc. of the common areas of the condominium shall be distributed according to the number of inhabitants who use them for no less than a month.
(2) (Amended, SG No. 87/2002) In the case of availability of measuring and control devices for heating power for the individual consumers, the heating power they have consumed shall be paid in accordance with the readings.
(3) (Amended, SG No. 87/2002) In the case of buildings in which there are shops, restaurants, cafes, workshops, offices or other similar establishments, the heating power consumed thereby shall be determined by the readings of the measuring and control devices mounted therein. In the case of lack of such devices, heating power consumption in these sites shall be calculated in proportion to the heated air space or by the power of the heating units in the respective properties in pursuance to acting statutory instruments. The remaining quantity of heating power shall be distributed between the various consumers, calculated per cubic meter heated air space or in accordance with the readings of the measuring and control devices mounted therein.
(4) (Amended, SG No. 87/2002) The costs for a janitor (salary, work clothing and rent of occupied premise), as well as for cleaning and maintenance of the areas for common use shall be distributed equally in accordance to the number of inhabitants. These costs shall not be paid by children aged below 3, including the temporarily residing ones that have lived in the buildings no less than one month, and children aged between 3 and 6 years inclusive shall pay 50 per cent of the sum determined for the other inhabitants.
(5) (Amended, SG No. 87/2002) Persons practicing a profession or engaged in activity in the condominium that are associated with access of alien persons more frequent than the usual shall participate in the distribution of the costs for lighting, cleaning and maintenance of the common areas, as well as for janitor to a five-fold amount (as for five inhabitants).
(6) (New, Izvestiya No. 32/1957) The costs referred to in Littera "a" of Paragraph (1) (for lighting), and in Paragraph (4) (for janitor, cleaning and maintenance of the common areas) shall be paid by the title holders or the lessees of shops, restaurants, production and other premises that are not used for housing needs, in accordance with the value of the premises (Article 40 of the Ownership Act ), and between the owners or lessees of one and the same such premise - in accordance with the area used thereby.
(7) (New, SG No. 76/1978, amended, SG No. 87/2002) The costs for using and maintenance of lift installations shall be distributed according to the number of inhabitants without the children aged below three. The general meeting may decide that the distribution of these costs be made in another manner, as well as to waive these some of the inhabitants of the lower floors.
(8) (Amended, SG No. 87/2002) Dog owners shall participate additionally in the costs for cleaning the common areas, paying for each dog as much as for one member of the family, but no less than BGN 1.0.
(9) (Amended, SG No. 87/2002) The general meeting may pass a decision for remission or temporary assistance from the budget for owners in financial difficulty concerning the whole or part of the sum they have to pay to cover approved costs.
(10) (Amended, SG No. 87/2002) By a decision of the general meeting the title holders may participate with materials and/or labour in works on the maintenance and restoration of common areas of the building, the value thereof being deducted from the sum they owe.
Article 9a. (New, Izvestiya No. 14/1957) (1) Floors or parts thereof in a separate block of flats with a separate entrance and other separate common areas may form a separate condominium in spite of being attached by common walls or of having a common yard with other floors, parts thereof or other condominiums.
(2) (Amended, SG No. 76/1978) A separate condominium in these cases shall be established by a decision of the general meeting of title holders and other inhabitants living in the separate block of flats on independent legal grounds (as the case may be).
(3) A decision may be passed in case at least three-fourths of the title holders and lessees are present. The decision shall be passed by a simple majority.
Article 9b. (New, Izvestiya No. 14/1957, amended, SG No. 76/1978) In the case of maintenance and restoration of common areas between separate blocks of flats that form separate condominiums (such as common walls, common roof, common yard, etc.), a decision shall be passed by the general meetings of title holders in the separate condominiums (Article 4) that shall also provide for the sums necessary to that end.
Article 10. (Amended, SG No. 76/1978) (1) The decisions of the general meeting shall be executed within the time limits determined thereby and, in case such time limits have not been determined, within seven days following the written invitation.
(2) In case an obligated person fails to pay within the time limits referred to in the previous paragraph the sum that is that person's share pursuant to the decision or budget adopted by the general meeting, the manager or the chair of the management board may acquire a writ of execution concerning that sum.
(3) The writ of execution shall be issued by the regional judge on the basis of a written application, accompanied by a copy of the decision or the budget attested by the manager or the chair of the management board.
(4) Appeal of the claim pursuant to the writ of execution may be made by the procedure provided by the Code of Civil Procedure for appeal of writs of execution issued on the basis of non-judicial writs.
Article 11. (Amended, Izvestiya No. 14/1957) (1) (Amended, SG No. 87/2002) The general meeting shall pass decisions in the case of disputes related to the use of common areas of the building and the keeping of internal order.
(2) (Amended, SG No. 87/2002) For violations of these Regulations, the Rules of Internal Organization and Procedure referred to in Article 4, Item I of Paragraph (1), or of decisions of the general meeting, the general meeting may delegate to the management board or the manager the right to impose on the accountable persons - title holders, lessees or users - a fine in favour of the condominium between BGN 1.0 and not more than BGN 60.
(3) (Amended, SG No. 87/2002).
(4) (Amended, SG No. 87/2002).
Article 12. (1) The decisions of the general meeting shall be liable to anticipatory execution. The writ of execution shall be issued in the name of the manager or the chair of the management board by the regional judge on the basis of a written application accompanied by a copy of the minutes of the general meeting.
(2) The decisions of the general meeting for eviction of title holder from inhabiting the property shall not be liable to anticipatory execution. Issuance of a writ of execution concerning these decisions shall be preceded by submission of the forewarning addressed to the title holder in pursuance to Article 45 (2) of the Ownership Act.
Article 13. (1) A repeal of the decision of the general meeting may be request by anyone who has taken part in the meeting and whose disagreement has been recorded in the minutes, or by anyone who has not taken part in the meeting but is entitled to participate, as well as by anyone that bases his/her claim on irregularities involving the convention of the general meeting or the agenda.
(2) (Amended, SG No. 76/1978) The application shall be filed with the regional court within seven days following the day of decision-making and, for the persons who have not received an invitation for the meeting, following the day of reception of the summons for voluntary execution or of being notified.
(3) The court may decree suspension of the execution of the general meeting decision.
Article 14. (1) As regards the application for repeal of a decision of the general meeting the manager or the chair of the management board shall represent the other title holders on the case. All documents shall be handed to the said person who shall be obligated to duly notify the other title holders of reception thereof. The general meeting may also appoint another title holder to conduct the case. Each title holder shall also be entitled to participate in the case.
Article 15. (1) (New, SG No. 76/1978) The court shall repeal decisions of the general meeting in the case where they are illegal.
(2) (Amended, Izvestiya No. 14/1957, renumbered from Paragraph (1), SG No. 76/1978) Upon passing a judgement on the case the court shall be obligated to coordinate the common interests of the inhabitants with their individual rights and interests.
(3) (Amended, Izvestiya No. 14/1957, renumbered from Paragraph (2), SG No. 76/1978) When the court repeals the decision of the general meeting it shall also be entitled to prescribe the measures it deems necessary and to permit the applicant to carry them out in the name of all title holders.
(4) (Renumbered from Paragraph (3), SG No. 76/1978) By a judgement of the court the lessee of premises in a condominium that does not comply with the ordinances on the procedure and management of the condominium may be evicted from the leased premises at the request of the manager of the management board in pursuance to Article 235 of the Obligations and Contracts Act.
III. Management
Article 16. (Repealed, Izvestiya No. 14/1957).
Article 17. (1) The election of a new manager or management board shall occur within two weeks following the expiry of the term of office or the date of substitution thereof.
(2) (Amended, SG No. 87/2002) In case the necessary majority is not achieved upon voting, the vote shall be repeated. In this case the person (persons) who has (have) received the largest number of votes shall be considered elected.
(3) (Repealed, Izvestiya No. 14/1957; amended, SG Nos. 76/1978, 73/1979, renumbered from Paragraph (4), amended, SG No. 87/2002) In case the general meeting for election of a new management board or a new manager is not convened within the time limit referred to in Paragraph (1), it shall be convened by the management board or the manager upon the request of one-fifth of the title holders or of the title holders and the lessees. Should these fail to convene the meeting within seven days following the request, said meeting shall be convened by the persons who have requested its convention.
Article 18. The positions of manager or member, or chair of the management board, as well as all other positions established by the decision of the general meeting shall be gratuitous in case they are practised by the title holders or lessees, or by members of the families thereof, except in cases where all title holders and lessees agree that it should be paid.
Article 19. No title holder may refuse to execute the office of manager or member of the management board, except in the case of illness, prolonged absence or if said person has been in the management directly prior to that for a period of at least two years.
Article 20. The management board or the manager shall bring into execution the decisions of the general meeting and shall supervise abidance by the inhabitants of the provisions of the laws and the present Regulations and the Rules of Internal Organization and Procedure. They shall execute the budget adopted by the general meeting beyond which they shall be unable to make any expenses whatsoever.
Article 21. (1) The manager or the management board shall be obligated to account for their management before the general meeting called for the election of new manager or management board.
(2) (Repealed, SG No. 76/1978).
Article 22. (1) The manager or management board shall, by a motivated memorandum, impose the fines provided pursuant to the Rules of Internal Organization and Procedure pursuant to Article 11 (2).
(2) The fine shall be collected under the procedure referred to in Article 10.
(3) The memorandum whereby the fine is imposed may be appealed within seven days of notification before the regional judge. The appeal shall not terminate its enforcement except in the cases where the judge decrees otherwise.
(4) The judgement of the regional judge shall not be liable to appeal.
Article 23. (Amended, SG No. 87/2002) The manager or the chair of the management board may take measures for preservation of internal order both as regards the inhabitants and as regards alien persons. In this respect the police authorities shall be obligated to extend the cooperation necessary.
Article 24. (1) With the exception of the cases referred to in Article 22, the acts of the management board, its chair or the manager may be appealed before the general meeting within one week of notification.
(2) Appeals shall be submitted through the chair of the management board or through the manager. These shall not suspend the execution of the appealed act.
Article 24a. (New, SG No. 87/2002) (1) The supervisory board shall control the execution of the budget and the decisions of the general meeting for the correct expenditure of the funds for maintenance and restoration of common areas.
(2) The supervisory board shall have the right to conduct checks of the collected cash and to notify the general meeting in case it establishes violations.
(3) Where a supervisory board has not been elected the general meeting shall appoint the persons among the title holders who shall conduct a check of the cash collected and shall notify the general meeting of the result thereof. IV. Condominium Management
(New Section, SG No. 76/1978)
Articles 25-26. (New, SG No. 76/1978; amended, SG No. 73/1979; repealed, SG No. 21/1991).
Article 27. (Renumbered from Article 25, SG No. 76/1978; repealed, SG No. 87/2002).
SUPPLEMENTARY PROVISIONS
(New, SG No. 87/2002)
§ 1. (Amended, SG No. 87/2002) For the purposes of these Regulations "necessary costs" shall refer to the costs that are exigent in relation to providing the technical fitness of the building and the facilities and installations therein with a view to protecting the health and safety of the inhabitants and citizens.
§ 2. (Amended, SG No. 87/2002) Throughout these Regulations the articles shall be designated with "Article" and in Arabic numerical, the paragraphs - with Arabic numerical in their sequence, in brackets and the items - with Arabic numerical.
TRANSITIONAL AND FINAL PROVISIONS
(New, SG No. 87/2002)
§ 3. (New, SG No. 87/2002) The present Regulations have been issued in pursuance to Article 49 of the Ownership Act.
§ 4. (New, SG No. 87/2002) Instruction on the application of the Regulation shall be issued by the Minister of Justice.
§ 5. (New, SG No. 87/2002) Within three months following the entry into force of the amendments and supplements to the Regulations the Minister of Justice and the Minister of Regional Development and Public Works shall table for consideration by the Council of Ministers a draft decree on the amendment and supplementation of the Sample Rules on the Internal Order and Procedure in housing buildings, approved under Council of Ministers Decree No. 44 of 1978 (promulgated, SG No. 76/1978; amended, SG No. 73/1979).
DECREE No. 44
of the Council of Ministers, dated September 6, 1979,
to Amend and Supplement the Regulations on the Application
of the Lease Relations Act and other Statutory
Instruments of the Council of Ministers
(SG No. 73/1979)
..................................
§ 46. Throughout the Regulations the words "people's court" or "people's judge" shall be substituted for "regional court" or "regional judge"..
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