Article 86. Transitional Provisions for Existing Associations of Condominium Co-owners

(1) From the date of entry into force of this law, associations of condominium co-owners established before its entry into force are deemed associations of condominium owners and are subject to the regime provided by this law. The charters or other founding documents, as well as the regulations of these associations, apply to the extent that they do not contradict this law. Resolutions of the association’s bodies establishing payment obligations for condominium owners, adopted before the entry into force of this law, continue to be binding for 12 months from the entry into force of this law, even if they are not in conformity with this law. After this period, the association’s resolutions apply only to the extent that they do not contradict the requirements of this law.

(2) Paragraph (1) constitutes a ground for the ex-officio registration of the change in the legal form of organization and the full and abbreviated name of the association in the state register of legal entities. The change is registered without publication in the Monitorul Oficial al Republicii Moldova and without payment of a registration fee.

(3) If an association of condominium co-owners established before the entry into force of this law is entered in the register of immovable property as the owner of the building (chapter B), its data will be removed and the entry “condominium” will be made.

(4) If the charters of the associations laid down in paragraph (1) contain provisions that, according to this law, are not included in the charter, but are included in the act establishing the condominium or condominium regulations, these provisions of the charter retain their validity to the extent that they do not contradict the provisions of this law.

(5) Article 25 paragraphs (5) and (6) second sentence of the Law on Public Communal Services No. 1402/2002 do not apply to condominium owners and associations from the date of entry into force of this law.

(6) Within 12 months from the date of entry into force of this law, associations managing residential condominiums and intermediated service providers are to renegotiate contracts for intermediated services, which must comply with the provisions of this law. The provider is bound to conclude the contract with the association within one month of meeting the requirements of the law.

(7) From the date of entry into force of this law, contracts for intermediated services concluded before the entry into force of this law and which have not been renegotiated according to paragraph (6) apply to the extent that they do not contradict the provisions of this law. From the same date, Article 49 applies to such contracts.

(8) From the date of entry into force of this law, the president of the association or another person registered as the association’s administrator in the state register of legal entities is deemed the association’s administrator for the purposes of this law.

(9) The bodies of associations appointed before the entry into force of this law will continue their mandate under the terms and conditions of this law.

(10) A condominium declaration drawn up and registered before the entry into force of this law is deemed an act establishing the condominium for the purpose of applying this law. Owners in a condominium formed before the entry into force of this law may conclude an act establishing the condominium subject to Article 5 paragraphs (2)-(5) and Article 8. The conclusion of an act to establish a condominium is required in order to amend the information regarding the condominium provided in Article 5 paragraph (2).

(11) Within 12 months from the date of entry into force of this law, the association of condominium co-owners established before its entry into force will establish the repair and development fund provided in Article 53 paragraph (1).

(12) Legal actions provided for in Article 19 may be brought even if the violation was committed before the entry into force of this law and regardless of the person who committed it, provided that the effects of the violation continue to exist on the date the action is brought.