Article 98. Particularities of Lands with Multiple Condominiums

(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 on the land are situated two or more residential buildings which, separately, meet the definition of a condominium (especially if the buildings are owned by different individuals and/or legal entities other than the state or administrative-territorial unit), Articles 88 and 89 apply with the following exceptions:
a) the land and residential building do not form a condominium, and the entry provided for in Article 88 paragraphs (3) and (4) is not made;
b) within one year from the entry into force of this Chapter, the landowner, consulting the co-owners of the residential buildings, is obligated, at their 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 each condominium land. The condominium land will include the land on which the condominium building is situated and the necessary adjoining land for the proper service and operation of the building, in accordance with the legislation and urban planning documentation, as well as, if available, with the construction documentation and contracts concluded between the landowner and the building owner, as well as contracts concluded between the building owner and the condominium owners;
c) from the date of the formation of the condominium land as per subparagraph b) of this paragraph, the land and residential buildings cease to be the property of the person or persons mentioned and become the shared ownership of the condominium owners, and the entry provided for in Article 88 paragraphs (3) and (4) is to be made.

(2) The person or persons whose ownership has ceased under paragraph (1) subparagraph c) are entitled to receive compensation from the condominium owners for the transferred property only in cases and under the conditions provided by the contracts concluded before the entry into force of this Chapter, as well as in cases where this would be required according to international conventions to which the Republic of Moldova is a party.

(3) Any condominium owner, any building owner, and the association may request the landowner and the other building owners to fulfill the obligations provided for in paragraph (1).

(4) The landowner, through its authorities competent to initiate and complete the formation procedure, will communicate the decision on the formation of the immovable property provided for in paragraph (1) subparagraph b) 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.

(5) Any condominium owner, any building owner, and the association may challenge in the common courts the decision on the formation of the immovable 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. The decision on the formation of the immovable property may not be challenged after the expiration of one year from the date of registration in the register of immovable property of the formation of the condominium land.