Article 5. Establishment of the Condominium by the Act of the Owner or Co-Owners of the Land
(1) The condominium is established based on the act of establishment concluded by either the sole owner or all co-owners of the land, and if there is one, of the building located on that land. If there is a surface right over the land, the condominium is established based on the act of establishment concluded by either the sole or all superficiaries.
(2) The act of establishment of the condominium must specify:
a) the name, domicile or registered office of the parties to the act;
b) the address of the condominium, the cadastral number of the land and the cadastral number of the condominium building;
c) the complete and accurate description of each condominium unit and its intended use, the share or, in the case of future or unfinished constructions, the initially planned share pertaining to that unit, and the identity of the owner/owners of each unit;
d) the complete and accurate description of the common parts and their intended use;
e) the complete and accurate description of any principal rights of exclusive use, indicating the special contribution quota of the holders of these rights, and identifying the first holder of each principal right of exclusive use;
f) the complete and accurate description of any accessory rights of exclusive use, indicating the special contribution quota of the holders of these rights, and identifying the first holder of each accessory right of exclusive use;
g) if there are any, all deviations from the principle of proportionality in bearing expenses, including the expenses borne only by certain categories of owners;
h) the right over the land.
(3) The act of establishment may include other provisions related to the condominium if they do not contradict the law.
(4) The act of establishment of the condominium must be concluded in written form, under the penalty of absolute nullity.
(5) Attached to the act of establishment is the design documentation and the construction permit of the condominium building (except in cases where, at the date of the conclusion of the act of establishment, the condominium building is in operation, is registered in the immovable property register, and its description in the act of establishment corresponds with the actual state of the building), as well as, in the case of organizing the owners into an association, the resolution of establishment of the association according to Article 22, signed by the parties to the act of establishment of the condominium.
(6) If the act of establishment of the condominium provides for the association as the legal form of organization of the owners, the parties to the act of establishment shall submit the act of establishment of the condominium both to the cadastral office in whose area of activity the immovable property is located, and to the territorial structure of the state registration body together with the resolution of establishment of the association. The suspension of the examination or rejection, on the grounds provided by legislation, of the request by one of the mentioned bodies entails the suspension of the examination or rejection of the request submitted to the other body. The body that suspended the examination or rejected the request shall inform the other body about this fact.
(7) If at the time of the association’s establishment the components of the condominium are under construction, the association’s activities are suspended until the commissioning of at least one building in the condominium or, if earlier, until the date of convening the first general meeting of the association.