Article 95. Particularities of Lands Owned by the State or Administrative-Territorial Units

(1) If, at the date of entry into force of this Chapter, the land is owned by the state or an administrative-territorial unit and its area exceeds by more than 10% the ground surface area of all buildings in that condominium, Articles 88 and 89 apply with the following exceptions:
a) the land does not form part of the condominium, and the entry provided for in Article 88 paragraph (3) is not made. The relationships between the condominium owners and the landowner are governed by the provisions on the legal right of superficies, as laid down in Law No. 1125/2002 for the implementation of the Civil Code or other applicable regulations;
b) within 5 years from the entry into force of this Chapter, the landowner is obligated, at its own expense, to initiate and complete the immovable property formation procedure under the conditions of Law No. 354/2004 on the Formation of Immovable Property, for the formation of the condominium land. The condominium land will include the land area on which the condominium building is situated and the necessary adjoining land area for the proper service and operation of the building, in accordance with the legislation and urban planning documentation and, if available, with the construction documentation and contracts concluded between the landowner and the condominium owners;
c) from the date of the formation of the condominium land as per subparagraph b), it ceases to be the property of the person or persons indicated in paragraph (1) of this Article and becomes the shared ownership of the condominium owners, and the entry provided for in Article 88 paragraph (3) is to be made.

(2) Any condominium owner and the association may request the landowner to fulfill the obligations provided for in paragraph (1).

(3) The landowner, through its authorities competent to initiate and complete the formation procedure provided for in paragraph (1) subparagraph b), will communicate the decision of formation to the condominium owners by displaying a copy of the decision on the notice board and transmitting a copy of the decision to the association’s bodies, if established. The cadastral office within whose activity area the immovable property is located may register the decision of the immovable property formation not earlier than one month from its communication in the established manner, according to the written confirmation of the public authority.

(4) Any condominium owner and the association may challenge in the common courts the decision on the formation of the property if the plan of the condominium land does not meet the requirements of paragraph (1) subparagraph b) and may request the court to appropriately modify the boundaries of the condominium land by virtue of a judgment.