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Building management Property management is the art of managing the property in order to preserve and increase its value. The real estate includes the building and land adjacent to the building.
For easier communication with the laity in legal terminology, in practice, the term refers to the buildings and land that belongs to it. Legal term management of each co-owner's right to decide on all the things of which he co-owned, along with the other owners. Building Management linking technology, economics, finance and law. Direct participants in the management are co-owners and manager. The owners care and are responsible for their own property, and executive tasks entrusted to the manager about it as a subcontractor.
Law on Ownership and Other Real Rights provides that every building must have a manager that is registered for that activity. Manager manages the building, it maintains, collects requirements for the building and performing all other tasks entrusted by the co-owners. Co-owners are, by law, in a kind of community - co-ownership of the community. In this the community, among other things, must take care of the property in its entirety (including the common parts and devices, etc.). Revenue source that provides and grants co-ownership community care for her property is reserves. But other than a base for quality management and quality required awareness of the existence and enforcement of property rights and obligations that flow from it. The basic rules of conduct joint owners and other users of real estate (tenants, lessees) are given in the house rules, and the basic agreement regulating relations between the co-owners of the "Međuvlasnički" contract. Core documents of managing of buildings Legal basis of management's Law on Ownership and Other Property Rights, laying the framework for relations between the co-owners. If in a building there are three or more co-owners, co-owners of property, then the building must have a manager. This Act, under the regulations (decrees, etc.) also stipulates that it must pay a minimum of 1.53 kn/m2 per month in common requirement of the building. From the common fund of the building are required by law to pay the costs, as well as other necessary and desirable works. The Law on Ownership and other real rights derive two main contracts: "Međuvlasnički" contract which accounts for the "List of the co-owners with established co-owned shares, which is the basis for determining the amount of maintenance costs" (the list of co-signing this contract is signed) and "List of common parts and machine building" that meets the manager when picking the building management. This agreement regulates the relationship between co-owners on the management and use of buildings, and in particular: - the size of the co-ownership of the building - the conditions and manner of building management - detailed information about the person who will manage the building (hereinafter referred to as joint manager / manager) and scope tasks to be performed by that person - the establishment, terms and method of collection and disposal of common fund - the name and address of the co-owners authorized for representation to the controller of the co-owners, or any third party (hereinafter referred to as the representative of the co-owners) and the extent of his powers - conditions and manner of use of common areas, including the flat intended for the superintendent, and equipment and land belonging to a particular property - other issues related to the management and use of the building on the mutual relations co-owners who are not defined in this Agreement, general and specific rules on the management of joint ownership matters of the law and other regulations relevant rules. Contract about managing building which belong goods "Building Maintenance Program" for the year in which the contract is signed and the "record of the transfer of common parts and machine building." These agreement governing relations between the co-owner and manager of the building, in particular:
The questions that are not defined in this Agreement shall apply appropriate rules of order, the Law on Ownership and other real rights and other propisa.Ugovor the building management is signed by a representative of the co-owners. Preceded the signing of the contract, which is valid if it is signed by owners of more than 50% of the building ie if ga their signature verification (sign) a majority owner, or simply said - 51% of the total area of particular parts of the building, which is defined by the Act.
Ownership of the buildinglasništvo Building owners are either individual owners or co-owners of the property. Property is land and what is connected to it is relatively permanently connected, and located in the level below or above ground level. Fully furnished in a co-ownership relationship exists when the property is to identify precisely who owns which part of the building. Specifically, when you find out who owns which particular part of the building, which is common. In order to achieve this in a proprietary building. The term is synonymous storey owner owner in a separate part of the property. Specific part of the property, for example: home, business premises or garage. The common part of the property, for example: the roof, staircase, elevator.
The rights and obligations of owners - co-owner Co-owners are required to participate in the management, the person who will perform the duties of a trustee and establish a common requirement. Co-owners decide on all matters concerning the common parts of the building and equipment in accordance with the provisions of the Law on Ownership and other real rights, regulations and međuvlasničkog contract. Co-owners manage building the decision to the ordinary and extraordinary management activities in accordance with Međuvlasničkim contract, property laws and other property rights and other regulations. Decisions about taking ordinary and extraordinary management business co made in writing. In the framework of regular management business owners make decisions about:
Decisions on taking regular management tasks are considered passed when they speak out for stockholders together hold the majority of the co-ownership of parts. For decisions on taking extraordinary management tasks require the consent of all co-owners. Exceptionally, for improvement of the undertaking may decide by majority vote the co-owners who together own the majority of the co-ownership of parts, if they are going to bear the cost, or if these costs are funded from reserves, as this does not jeopardize the ability to reserve the regular maintenance needs have been met, and if for improvement of will not go too much to the detriment of nadglasanih owners. Common parts and devices, or a representative apartment and land used for building co-owners will be used under the conditions and in the manner that will be determined in the contract. Co-owners have agreed to establish a special property of the estate or converted condominium acquired by previous legislation in having a separate part of the property under the new system contained in the Law on Ownership and other real rights, and agree that in order to take all the necessary actions under the rules of the profession, including in particular a study of an internship.
Manager The law stipulates that every apartment building must have a signed a management contract with one of the authorized manager. In the event that such an agreement has not been concluded, the local administration will appoint compulsory or interim manager to manage the building up to the conclusion of the regular administration. Business interests, rights and obligations of the administrator is regulated by the ownership and other real rights and further, contract management as follows. Co-owner manager to authorize on their behalf and for them to perform the following tasks:
The manager is required to arrange for service failures and urgent nature:
For the execution of these tasks, the manager will arrange attendance all day, including weekends, public holidays and days off. The manager at the request and with the consent of all co-owners engage in periodic maintenance of the building, which will be regulated by a special agreement, which will establish and adequate compensation to the manager. Co-owners can special contract the manager on their behalf and for their account and perform other tasks related to the ownership of the building.
A representative of the co-owners Each building has a representative appointed by the other co-owners, elected and mandated to represent. A representative of the building is the person who takes care of the building (the buzzing of failures, emergencies, small repairs, change of ownership, etc.) and is in constant contact with the manager. For your work shall be entitled to compensation. The compensation amount co-opt. A representative of the building is a very important person, because he is the first and the right person in the negotiations on a possible contract administration of building. When presenting offers important building is the first representative to access the building. Authorized representative of the co-owners:
A representative of the co-owners shall:
A representative of the co-owners can not make decisions on behalf of the joint owners. For his work, the representative of the co-owners, co-owners fits. A representative of the co-owners will sign an agreement with the manager of the building management on behalf of the joint owners. A representative of the co-owners is a connection between the building and the co-owner and manager. A representative of the co-owners is essential for a manager when it comes to implementation and execution of all the works and duties of the building. The manager for the co-owners of their work through an answer. A good relationship between the representatives of the co-owners and managers, is a prerequisite of good cooperation.
Reserves Reserve building fund had co-owners of the building from which the salary legally obligatory, necessary and other building maintenance and improvements to buildings. Payment into the reserve is a legal requirement owners. To co-owners had the option of maintaining the building and pay the costs (emergency, minor repairs, cleaning, staircase lighting, elevators, etc.) will be charged reserves. Every owner of a specific part of a month salary requirement. The decision on the amount of reserves per square meter made co-owners, and it can not be less than 1.53 kn/m2, which is the legal minimum. Height requirements are determined for each apartment separately to the total floor area. Billing requirements organizes and collects reserve manager in the bank account of buildings, and it distributes as necessary in accordance with the decision suvlasnika.Iz reserves required to be settled, and the building cost of regular and periodic maintenance of common parts and devices. Expenses paid in the Act and the Regulation of the Government. Co-owners may decide to pay the costs and other costs related to the maintenance of the common parts of the building and equipment Basic management and maintenance costs: - building insurance: under the ownership and other real rights every building must be adequately secured. Insurance must be done in accordance with the Insurance Act. Co-owners can insure a building and in greater volume than prescribed. Management company M-LLC carried insurance against fire and other hazards, water outflow from water and sewage pipes, responsibilities of the property, and optionally the co-owners and other group insurance offered by insurance companies. - fire protection: Law on Fire Protection provides that every building must be adequate fire protection. That area of the Ordinance stipulates the election and set fire extinguishers. - chimney sweep service:
prescribed by the Regulations on dimnjačarskoj and services and implemented.
- certification (examination and inspection and repair) installation -certification covers: - lightning protection installation
- installation of gas
- installation of electricity
This certification is made in accordance with the technical and other regulations and obligations that are co-owners can not refuse. Are performed periodically according to the regulations, and they are determined by the accuracy and shortcomings that must be rectified. - benefits manager:
for his work done, the manager has the right to compensation to be paid from the reserve. |
