Article 44. The Association’s Administrator

(1) The association’s administrator may exercise, on behalf of the association, the responsibilities provided by this law from the date of their registration in the state register of legal persons.
(2) Notwithstanding the provisions of paragraph (1), by way of the resolution of appointment, the general meeting may grant the person designated as the association’s administrator certain powers and responsibilities with effect from the date of adoption of the said resolution. In this case, Article 201 and Article 374 paragraph (6) of the Civil Code No. 1107/2002 shall apply.
(3) The association’s administrator exercises the following responsibilities:
a) manages the association within the limits of their responsibilities;
b) represents the association in relations with natural and legal persons (including condominium owners), public authorities, judicial bodies, and other persons and authorities; concludes contracts within the limits of their responsibilities (personally or through a representative/mandate);
c) manages the extrajudicial and judicial claims brought against the association or regarding the common parts. The administrator is not entitled to acknowledge legal actions brought by a third party regarding the common parts of the condominium without approval by a resolution of the general meeting;
d) ensures the implementation of resolutions of the general meeting and of the council;
e) provides members of other bodies of the association with any information and documents necessary for the performance of their duties;
f) ensures the execution of the annual budget approved by the general meeting;
g) manages the financial resources collected from owners, including the fund, as well as other resources generated from other activities, deposited into the association’s bank account, within the limits of their responsibilities;
h) exercises control over banking operations, the submission of financial, tax, and statistical reports, and monitors secretarial work;
i) ensures the maintenance of the association’s accounting records, as well as the association’s registers;
j) prepares the draft budget for the next year and presents it by November 30 of each year for review and approval by the general meeting. The annual budget project must indicate and explain each budget item for which there are discrepancies between the administrator and the council. The general meeting reviews and approves the budget for the next year by December 31 of the preceding year. If the general meeting does not approve an annual budget for a particular financial year, the annual budget in force in the previous year is applied in that financial year with a total reduction of 5%;
k) maintains and updates the list of condominium owners; keeps the minutes of the association’s bodies; issues copies and excerpts from these;
l) ensures the collection of debts owed by owners or other persons to the association; ensures the defense of the association’s legitimate rights and interests in court and in other ways;
m) issues, at the owner’s request, a certificate stating the absence of debts to the fund and the contribution share;
n) hires, dismisses the association’s employees, and issues other orders in accordance with labor legislation;
o) gives instructions and issues mandatory orders to the association’s employees;
p) applies the sanctions provided by the condominium regulation;
q) ensures the organization of operation and repair of the common parts;
r) ensures the performance of the energy audit of the condominium buildings and obtaining the energy performance certificate;
s) permits and supervises the installation by suppliers of the networks necessary for providing electronic communication services to the owners;
t) verifies the works performed by natural and legal persons contracted for the maintenance and repair of the building and engineering infrastructure, as well as the infrastructure on the condominium land;
u) maintains and ensures the up-to-date completion of the technical book of the building for each building in the condominium, as well as ensures the preservation of other documents concerning the association’s activity;
v) prepares and updates the association’s summary sheet annually;
w) examines petitions received from owners and maintains the register of petitions;
x) exercises other responsibilities provided by this law or by the association’s charter.
(4) The association’s administrator may be revoked by the general meeting at any time, with or without cause. Concurrent with the revocation, the general meeting elects a new association’s administrator. If the general meeting revokes the association’s administrator and does not concurrently elect a new one, or if the association’s administrator has resigned, passed away, or is unable to perform their function for other reasons for a maximum of 3 consecutive months, their function is performed by a member of the council (if a council is established), designated by a resolution of the council, until the election of a new administrator.
(5) If the association’s administrator resigns from their function under the conditions of Article 171 of Law No. 220/2007 regarding the state registration of legal persons and individual entrepreneurs, the requirement from Law No. 220/2007 regarding the payment of the fee before the registration of the deletion of the association’s administrator does not apply. After the deletion of the association’s administrator under the conditions of Article 171 of Law No. 220/2007 concerning the state registration of legal persons and individual entrepreneurs, the state registration authority sends the association the invoice for the payment of the fee, which must be paid by the association within 5 days. The provisions of Article 942 of the Civil Code No. 1107/2002 apply in case of delayed payment.
(6) The administrator may request the general meeting to approve an amount, which cannot be greater than the size of their gross remuneration for one month, to ensure their participation or that of another person employed by the association in training, continuous formation, and other activities to develop skills related to condominium relations.
(7) The administrator is not bound to personally represent the association in complex extrajudicial claims or in legal proceedings. In these cases, the administrator may retain lawyers provided that their services do not exceed the rates recommended by the Bar Association and that the legal assistance agreement stipulates that the lawyer is bound to seek full recovery of the legal costs borne by the association.
(8) In addition to the provisions of Article 75 of the Civil Procedure Code No. 225/2003, the association may be represented in court by a member of the council or the audit committee if they have a law degree and are authorized by the administrator or by a resolution of the general meeting.