Community or association of owners
1. Does your national law envisage that the owners of the apartments are organised in any type of association or community to take decisions about common interests in the building or block which their apartments belong to?
The owners decide how to manage the common parts through their association. This is an autonomous and nonprofit entity, consisting of the majority of owners from condominium.
Owners’ association aims the administration and management of common property, which, in addition to rights, imposes obligations on all owners.
2. In this case, does Law this association have a legal personality?
In accordance with Romanian legislation regarding the organization and functioning of owners’ association, this entity has legal personality, but it cannot own real rights.
Nevertheless the owners’ association can bring a lawsuit against those proprietors who haven’t paid for common expenses, even requesting attachment of their apartments for these debts.
3. Otherwise, are these matters dealt with under the ordinary regime for co-ownership, or are there special features in these cases?
Given the above mentions, it is clear that the activity of owners’ association is not subject to ordinary co-ownership regime. It has a distinct regulation established by a special law.