Article 22. Establishment of the Association

(1) The association is established based on the establishment resolution, from the date of registration in the state register of legal entities in accordance with Law No. 220/2007 on the state registration of legal entities and individual entrepreneurs.

(2) The resolution to establish the association is adopted in accordance with Article 7 paragraph (2). It must be in written form and contain the list and signatures of the owners or their representatives who adopt the resolution. The charter of the association is attached to the resolution establishing the association and is an integral part of the resolution.

(3) The resolution establishing the association is deemed adopted and is valid if:
a) it is signed by the owners of at least 5 units in the residential-purpose condominium or, if this condominium has less than 10 units, by more than half of the owners from this condominium; or
b) it is signed by more than half of the owners in the condominium that is not a residential-purpose condominium.

(4) Holding a general meeting of the condominium owners is not required for signing the resolution to establish the association according to paragraph (3).

(5) From the date of the association’s registration, all owners in the condominium become members of the association by virtue of Article 21, regardless of whether they have signed the establishment resolution or not.

(6) The name of the association must contain:
a) the words “Condominium Owners’ Association” or their abbreviation – “APC”; and
b) identifying elements established by Government resolution.

(7) An association may transform into a legal entity with another legal form of organization.

(8) An association’s administrator may request the annotation of the association in the register of immovable property in respect of the land and the condominium building.

(9) The competence recognized by this law to the association is not limited by the existence of an annotation in the immovable property register in favor of a third party regarding the land or condominium building. The association has the right to request the rectification of the immovable property register at any time.

(10) The association is a non-commercial (non-profit) legal entity that does not aim to make a profit and distribute it among its members.