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Condominium Law

Law no. 187 dated 14 July 2022, published in Monitorul Oficial al Republicii Moldova no. 238-244 dated 29 July 2022.

Under Article 103 of the law, it entered into force on 29 January 2023, except for:

  • Chapter VII, which entered into force on 29 July 2023; and
  • Article 34 (9) și (10), Article 36 (2)–(7) and (10), and Article 39 (1)–(3). These entered into force on the date of publication, i.e. 29 July 2022 and apply to all general meetings of condominium associations conducted on 29 July 2022 or later.

See here the curated text of the Informative Note to the Draft Condominium Law, which helps in understanding the new regulation.

Chapter I
GENERAL PROVISIONS

Article 1. Scope eng
Article 2. Laws governing Condominium eng
Article 3. Principal Definitions eng

 

Chapter II
REGIME OF CONDOMINIUM OWNERSHIP

Article 4. Grounds for Establishment of a Condominium eng
Article 5. Establishment of a Condominium by an Act of the Owner or Owners of the Land eng
Article 6. Registration of the Condominium in the Registry of Immovable Property eng
Article 7. Organization of Condominium Owners eng
Article 8. Amendment of the Act of Establishment of the Condominium eng
Article 9. Termination of the Condominium eng
Article 10. Components of the Condominium eng
Article 11. Common Parts eng
Article 12. The Share eng
Article 13. Condominium Ownership eng
Article 14. Principal Right of Exclusive Use eng
Article 15. Accessory Right of Exclusive Use eng
Article 16. Construction of the Condominium Building and Other Works eng
Article 17. Rights of an Owner eng
Article 18. Obligations of an Owner eng
Article 19. Remedy of Violations eng
Article 20. Total or Partial Destruction of the Condominium Building eng

 

Chapter III
CONDOMINIUM OWNERS’ ASSOCIATION

Section 1
General Provisions

Article 21. Organization of All Owners of a Condominium in a Single Association eng
Article 22. Establishment of an Association eng
Article 23. Charter of the Association eng
Article 24. The Association and the Owner as Consumers eng
Article 25. Membership in the Association eng
Article 26. Subrogation by the New Owner eng
Article 27. The Obligation to Inform the New Owner eng
Article 28. The Purpose and Civil Capacity of the Association eng
Article 29. The Condominium Regulation and Other Regulations eng
Article 30. Nullity of the Provisions of the Charter and Regulations eng
Article 31. Use of Electronic Communication Means eng

Section 2
Bodies of the Association

Article 32. Governing and supervisory bodies of the association eng
Article 33. The participation of owners in the association’s bodies eng
Article 34. The General Meeting and its Authority eng [paragraphs (9) and (10) entered into force on 29 July 2022, as per Article 103 of the law]
Article 35. Convocation of the General Meeting and Notice eng
Article 36. Conduct of the General Meeting eng [paragraphs (2)-(7) and (10) entered into force on 29 July 2022, as per Article 103 of the law]
Article 37. The Vote Required for Passing Resolutions eng
Article 38. The Voting Rights of the Owner eng
Article 39. The Minutes of the General Meeting and Communication of Resolutions [paragraphs (1)-(3) entered into force on 29 July 2022, as per Article 103 of the law] eng
Article 40. Conduct of the General Meeting by Correspondence eng
Article 41. Conduct of the General Meeting in a Mixed Form eng
Article 42. Void and Voidable Resolutions of the General Meeting eng
Article 43. The Meeting with Special Interest eng
Article 44. The Association’s Administrator eng
Article 45. The Obligation to Ensure Emergency Interventions eng
Article 46. The Association’s Council eng
Article 47. The Audit Committee (Auditor) eng

Section 3
Allocation of Expenses and Contracting Intermediated Services

Article 48. The Owner’s Obligation to Pay the Contribution Share eng
Article 49. The Association’s Contracting of Intermediated Services and Liability for Their Payment eng
Article 50. The Right to Disconnect and Expense Allocation eng
Article 51. Claim of Undue Payments eng
Article 52. Allocation of Legal Expenses in Disputes Between An Owner and the Association eng

Section 4
Repair and Development Fund

Article 53. Establishment of the Repair and Development Fund eng
Article 54. Contribution to the Fund eng
Article 55. Fund Resources eng
Article 56. Protection of the Bank Account Designated for the Fund eng

Section 5
Mechanisms of Financial Resilience of the Association

Article 57. Financially Vulnerable Owners eng
Article 58. Collection of Debts Owed to the Association eng
Article 59. Simplification of Debt Collection from Owners to the Association. Powers of the Authorized Person eng
Article 60. The Association’s Lien eng
Article 61. Insurance of Common Property in the Condominium eng

Section 6
Transparency of Information

Article 62. Transparency of Contact Data eng
Article 63. Transparency of Association Documents eng
Article 64. The Association’s Summary Sheet eng
Article 65. The e-Condominium Platform eng
Article 66. Owner’s Right to Information eng
Article 67. External Audit of the Association eng
Article 68. Owner’s Obligation to Provide Information
Article 69. Right of Other Persons to Information eng

Section 7
Interventions to the Common Parts and to the Unit

Article 70. Right to Propose Modernizations of the Condominium eng
Article 71. Modernization Assumed by Owners eng
Article 72. Interventions and Works by the Owner eng
Article 73. Works of Common Interest Affecting an Owner eng
Article 74. Generating Electricity from Renewable Sources eng
Article 75. Intervention on a Unit in Case of Danger eng
Article 76. Removal of Foreign Objects eng

Section 8
Special Rules of Associations with Several Condominiums

Article 77. Scope of Application eng
Article 78. Organization of Owners in a Condominium of an Association with Multiple Condominiums eng
Article 79. Right to Establish an Association of Owners from a Single Condominium eng

 

Chapter IV
MANAGEMENT SERVICES OF THE MANAGER

Article 80. Contracting Condominium Administration Services eng
Article 81. Appointment and Revocation of the Manager eng
Article 82. Manager’s Obligations eng
Article 83. Property Management Contract eng

 

Chapter V
COMPETENCE OF PUBLIC AUTHORITIES

Article 84. Transparency of the Association eng
Article 85. Oversight of the Activities of the Association and the Manager eng

 

Chapter VI
TRANSITORY PROVISIONS ENTERING INTO FORCE 6 MONTHS AFTER THE PUBLICATION OF THIS LAW

Article 86. Transitional Provisions for Existing Associations of Condominium Co-owners eng
Article 87. Transformation of Associations of Privatized Housing Owners, Housing Cooperatives, and Housing Construction Cooperatives eng

 

Chapter VII
TRANSITORY PROVISIONS ENTERING INTO FORCE 12 MONTHS AFTER THE PUBLICATION OF THIS LAW

[enters into force on 29 July 2023, as per Article 103 of the law]

Article 88. Establishment of the Condominium in Buildings Put into Operation Before the Entry into Force of this Chapter eng
Article 89. Establishment of the Condominium in Buildings Put into Operation After the Entry into Force of this Chapter eng
Article 90. Particularities of Lands and Buildings with a Non-Residential Purpose of Central and Local Public Administration Authorities eng
Article 91. Condominium Owners’ Right to Extend the Land Area eng
Article 92. Assignment to the Public Domain of Common Use Spaces Related to Condominiums eng
Article 93. Protection of Third-Party Owners’ Rights eng
Article 94. Protection of Holders of Contractual Rights of Use eng
Article 95. Particularities of Lands Owned by the State or Administrative-Territorial Units eng
Article 96. Delimitation of Ownership over Immovable Property eng
Article 97. Particularities of Privately Owned Lands eng
Article 98. Particularities of Lands with Multiple Condominiums eng
Article 99. Extension of Previous Encumbrances and Prohibitions eng
Article 100. Making of Registrations and Notations</a eng>
Article 101. Provisional Shares and Definitive Determination of Shares in the Condominium eng
Article 102. Act of Establishing the Condominium Declared by this Law eng

Chapter VIII
FINAL PROVISIONS

Article 103. Entry into Force eng
Article 104. Certain Implementation Provisions of this Law by the Government and Local Public Authorities eng
Article 105. Modification of Related Normative Acts eng