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Prijatelji sajta

Galerije i muzeji

How to establish a tenants assembly PDF Print Email

In order to exercise the rights of current and capital maintenance of common property in a residential building and its immediate surroundings (roof, basement, common areas, elevators, stairways, halls, terraces, facades, water, sewer and electrical installations, sidewalks, gardens, etc.), owners of apartments, office space and occupancy right holders need to establish a tenants assembly.
To hold an inaugural session of the assembly, it is necessary to establish an initiative committee (consisting of at least one member) to set the conditions for keeping the constitutive session of the assembly.
In order to hold the constituent session of the assembly, initiative committee should collect basic information about:

  1. total number of apartments in the building,
  2. total number of office space units in the building,
  3. total number of other areas in the building (this can be done after the assembly is established),
  4. the ownership structure of residential, office and other areas in the building,
  5. the nature and structure of common property in the building (this can be done after the assembly is established),
  6. the legislation governing the housing issues (act, regulations, decisions).
  7. owners of residential, office space and other areas (their full name, personal number, address, telephone, e-mail ...)

Based on the collected data, the committee will determine total number of assembly members; prepare the agenda and proposals for the working body, the proposals for general acts and decisions of the tenants assembly.
It is often considered that the assembly can be established simply by the gathering of majority of tenants, without meeting the requirements given above, but decisions of such assemblies are easily rebuttable in any court of law and are practically illegal.
In order to hold a session of the assembly, it is necessary to provide the presence of the majority of the assembly members or their representatives, authorized to participate by the absent members. It is desirable for the constituent session to be attended by all members (and if this is not possible, it is preferable that after the constituent session, a document should be written up in which all members of the assembly will express their approval or opposition to the documents adopted, in writing, regardless whether these documents were previously adopted by acclamation (raising hands) of the majority of those present).

Decisions related to the maintenance of the building shall be approved by a majority vote.
Decisions related to the capital maintenance shall be approved by a consent of the members who own more than half the total area of apartments and other special parts of the building.

Rulebook of Procedure defines the rules of the assembly and this act, upon the proposal of the initiative committee should be the first item on the assembly’s agenda together with the election of working groups.
The working bodies of the assembly are:
1. Verification commission (composed of three members who shall ascertain the identity and validity of the assembly members),
2. Executive council (president, representative of the initiative committee, minute taker),
3. The election commission (three members).
Session of the assembly may also be attended by invited experts that might give the assembly their professional or legal interpretation of certain agenda items.

In addition to preparing proposals for the working bodies of the assembly, the initiative committee shall prepare drafts of the general acts, such as statute of the tenants' assembly, rules and regulations on financial management, catalogue of the common property of the assembly, the program of work for the next period and so on.
Following the adoption of general acts and required decisions, the tenants' assembly should elect the authorized persons (executive committee and supervisory committee).
The executive committee (president of the assembly, deputy President and secretary of the assembly) during the four-year mandate shall implement the decisions and look after the entire assets of the assembly.
The main bodies of the assembly are president and deputy president, without which assembly cannot work and exists.
Supervisory Committee (three members) shall, during the four-year term, oversee the work of the executive committee in accordance with general acts of the assembly, legislation and regulations.

The assembly may in its acts establish the basic principles of transparency of its bodies.


REGISTRATION OF THE ASSEMBLY

Residential building as a legal person has its own account and seal.

The president represents the building in legal transactions with third parties, the administrative and judicial bodies.

REGULATIONS:

Law on the maintenance of residential buildings ("Official Gazette of the Republic of Serbia", no. 44/95, 46/98, 1/01)
The decision on the House Rules in residential buildings from 10.07.1996, amended 21.04.2002
Regulation on maintenance of residential buildings ("Official Gazette of the Republic of Serbia", no. 43/93)