Co-ownership regulation

ANNEX __
CO-OWNERSHIP REGULATION


I. APPLICATION
1. This regulation (the "Regulation") covers the general rules applicable to owners / tenants of apartments erected in the block called "_______", located in Bucharest, Str. ____ No. __, __ Sector ( "Block"), for the proper functioning of the block.
2. Equally, this Regulation details the relationship between owners / tenants (seller / lessor) ___________, Romanian legal person, headquartered in _________________, legally represented by Mr. __________ In as Administrator.
3. The main purpose of the rules established by this Regulation is to maintain the existing level of comfort and quality in the block called "______" signing the contract of sale / rent.
4. Regulation will be mandatory for each registered in the Register of Owners of Land Registry Bucharest - Sector __ ( "Owners") to their legal successors, and for all people who use apartments and / or common spaces or parts of whatever the title under which occupy apartments (tenants comodatar, tolerance, etc.) or during their stay in the block.
5. Also this Regulation shall be fully applicable and binding Owners Association will be established.
6. Regulation concerning both the use of common spaces and buildings, as they are defined in this Regulation.
7. All obligations under the owners will be respected by their family members, tenants, visitors, tolerated, and any other person which uses the building in whole or in part and irrespective of the title under which it utilizes. Responsibility to inform all such persons in connection with obligations to be observed in the block rests entirely with owner / renter. Failure Owners of family members, visitors, toleratilor as well as anyone who uses the property for all or part of the obligations under this Regulation will lead these people patrimonial liability for the damage created in solidarity with the Building Owners respectively.
8. All obligations under this regulation are fully applicable subacquirer Owners, be they of universal or particular. By subacquirer is any person who acquires, against payment or free of charge, through acts inter vivos or succession, rights in virtue of which may be used in whole or in part, a sole proprietorship or part of the common area.
9. This Regulation is an integral part of each Annex and Pre-contract / contract of sale / lease agreement between owners / tenants on the one hand and society Commercial Vitan SRL on the other hand. By signing Pre- agreement / contract of sale / lease, owner / renter declares that it acknowledged the provisions contained in this Regulation as they accept that they will comply fully, including by date of establishment owners Association.
10. Regulation enters into force upon signature Pre- agreement / contract of sale / rent. The applicability of this regulation is not conditional on the establishment of the Association, so that the regulation will take effect regardless of the date on which owners will decide to register the association.

II. DEFINITIONS AND INTERPRETATION
11. Together with the terms defined in the wording of this Regulation, the terms below shall have the following meanings:
        "Association" represents the Bloc Owners Association;
        "Apartment" is living units acquired / rented each of owners / tenants under Title;
        "Building Permit" is no authorization. _____ __ Issued by the City District Bucharest, based on which construction was executed;
        "Block" is the main building consists of a single body, as it is described in the architectural plans of the Building Permit;
        "Access Path" represents existing access roads on land;
         "Management Agreement" means the agreement that ends with / by SC SPATIU COMERCIAL VITAN SRL, Romanian legal person, based, legally represented by Mr. __________, as administrator;
         "The share of property" is held each share of common spaces Owner General under Title;
         "Real" is apartment, undivided share in the common areas of the Bloc, undivided share of common spaces underground and undivided share of land corresponding block of each of the owners;
         "Exclusive property" represents each of apartment owners;
         "General Common Spaces' Interior is common spaces and common areas relating to underground main building;
         "Common spaces Interior": represents those surfaces constructed in the block, through their functionality, use of all owners of apartments within it, and only them, and which, by their nature, will be common property, forced and perpetual all Apartments owners. The common spaces of the block represents the difference between total built area of ​​the Bloc and the total built area of ​​all the apartments located in block and include, without limitation, halls, homes elevators and stairway, except technical spaces that belong totally to the SC SPATIU COMERCIAL VITAN SRL company.
         "Common spaces underground": represents those surfaces constructed of basement which, by their functionality, use of all owners of apartments and only them, and which, by their nature, will be common property, forced and perpetual, all owners of apartments.
        "The spaces of common use" represents land, access roads and common areas General.
        "Garage" is the parking lot located at exterior or interior (basement -1 or -2).
        "Golf" is located at the address field of ________, with cadastral number _____, owned _____________ S.R.L .;
        'Title' is the legal document bilateral authenticated between _______________ SRL on the one hand, and each of the owners, on the other hand, the parties have sent / will send (Contract of sale) ownership of each of properties.
12. All references to land, estate, apartment block and also refers to any part of them.
13. All references to plural and singular include and vice versa.
14. The English version of this Regulation has the same legal value in case of contradictions between the versions, the Romanian version will prevail.

III. BLOCK DESCRIPTION
15. The block of flats is conducted over a total area of ​​more than X m². The regime will be final height of P + 11 + technical floor. X runs in the underground block basements mainly for parking, technical and ALA shelter space (basement 2).
16. Access to block the entrance stairs is from Str. Nerva Traian. All access roads are equipped with closure. Access to the basement is via stairs outdoor / indoor placed inside, with access from the north west of the land. Car banned from the ground floor of the two blocks except in emergency situations and the situation in which it delivers furniture or appliances, the maximum weight of 3.5 tonnes.
17. The strength structure consists of columns, diaphragms and floors of reinforced concrete.
18. vertical circulation node is equipped with one staircase and two lifts serving all levels of the building, including the level / underground levels (parking).
19. Access to the premises is organized as a private territory.

IV. GENERAL RULES
20. Every Landlord / Tenant General will use common spaces and spaces of common use according to their destination, respecting the rights of other owners / tenants and the obligations stipulated by law.
21. Each of owners / tenants will respect the legal rights of others exclusive owners / tenants rights converging in the joint co-ownership and morals.
22. Every Landlord / Tenant understands and accepts the fact that maintaining the quality standard of the building is not only a moral obligation but is a desideratum meant to preserve its commercial value and each of the properties. Consequently, non-compliance obligations under this Regulation may generate the obligation to pay damages.
23. Owners / Tenants of the building to enjoy all the rights recognized by Romanian law. Equally, all owners / tenants will tolerate the inconvenience caused by the works of conservation and maintenance of common spaces and spaces General of common use to the extent that this is done according to legal norms incidents.
24. Each of owners / tenants will take care of maintenance Exclusive Ownership / lease constantly, so be avoided premises of causing some damage to other owners / tenants, or Third Party Administrator. Liability for damage and building works, as it is stipulated in the Romanian Civil Code, will be fully applicable and the owner / renter may invoke failure to Exclusive Ownership / lease as a case of exemption from liability.
25. It is strictly forbidden to introduce and / or storage in the Bloc of chemicals, explosives or pollutants, waste and any materials and / or goods which, by their nature or by a wrong Uses can lead to dangerous situations, thereby jeopardizing life Owners / tenants and / or integrity of the Bloc.
26. It is strictly forbidden to discharge domestic waste in places other than those specifically designated areas.
27. It is forbidden to produce noise that can affect other owners, especially during legal hours of rest.
28. It is forbidden (including the exclusive property / rental) performed these experiments (physical, chemical, etc.).
29. It is forbidden to abandon (including the exclusive property / rental) of any objects that could endanger life and limb Owners / Tenants. It is strictly forbidden to store chemicals of any kind, explosives or pollutants, waste (except storage places specially designated waste), as well as any material and / or goods which, by their nature or by a wrong Usage can lead to dangerous situations, thereby jeopardizing life Owners / tenants and / or integrity of the Bloc.
30. If any part of the common area Generale is damaged, owners will proceed immediately to remedy the corruption that starting repair works without being subject to injury recovery from the guilty.
31. Each owner will bear all costs related to the use, maintenance and preservation of Exclusive Ownership.

V. DESTINATION, AMENDMENT AND APARTMENT LAYOUTS
32. exclusive function of each apartment is mentioned in the title of its related property.
32.1 The ground floor condominium will have commercial space destination. All apartments in the condominium will be used suited for head office / professional.
33. To the extent that property was acquired by a legal entity, the apartment will be treated as an asset.
34. Owners will rent the building to third parties provided that it be used by the lessee to the destination mentioned in the title to the apartments.
35. obligation under pt. 32 will be sent exactly the Owner and will be respected by all persons who acquire in any way (sale, exchange, donation, lease, transfer rights, etc.) the right to use the building.
36. Except for ordinary maintenance, redesign apartment owners will not except by a construction permit issued by the competent authorities and, in any case, will not carry out any work if they contravene legal rules or would could affect the safety and / or aesthetics Bloc, including but not limited to the installation of air conditioning condensate drain generated by them otherwise than indicated Vitan SRL Commercial company representatives.
37. Any damage caused Exclusive Ownership common area or due to redevelopment or modifications made in terms of this chapter, shall be imputed to the guilty person's production, even if the works were carried out under a construction permit.
38. By the completion and final acceptance of the building (including interior and exterior) Vitan SRL Commercial company will be able to execute construction works necessary in order to complete the building as he considers necessary for the duration of 12 hours / day starting at 07.00 . After completion of the works, except for urgent work, without which the apartment may suffer damage, the refurbishing works and maintenance will be carried out only between the hours stipulated by law for such activities, to the extent that they involve a noise level that would may disturb neighbors.
39. Maintenance and Landscaping apartments will be done by qualified personnel and in strict compliance with the law.
40. It is forbidden to change the exterior architecture of the apartments, both within and outside its bloc. Owners / Tenants can make changes only to have the written consent of the Owners Association and of all competent bodies in accordance with the law.
41. It is forbidden to increase, possession or access inside the Bloc of dangerous animals (eg dogs fighting or whose breed is recognized as violence), poisonous or uncontrollable.
42. It is prohibited placing any promotional materials (banners, mashes, neon signs, etc.) to windows or exterior walls of the apartment.


VI. COMMON SPACES AND GENERAL COMMON AREAS OF USE. DESTINATION AND MAINTENANCE
Overview
43. Common spaces will be used jointly by all owners, which support and maintenance costs.
44. General common spaces is common property, and perpetuate forced all owners or will be used jointly by them and the maintenance costs will be borne by all owners. General Common areas are delineated according to architectural plans related Bloc. Commercial Vitan SRL company may modify the general community spaces as they see fit until the final reception of the building.
45. Except Exclusive Properties, all and any assets serving the general community spaces (spaces less technical company owned entirely Commercial Vitan Ltd. are incorporated into them and become fixtures destination.
46. ​​General The owners will use common spaces and spaces of common use only according to their destination, without the exercise of this right to prejudice the rights of other owners, to contravene Romanian legislation or endanger the safety Bloc or persons within it.
47. It is forbidden to use, by anyone, to a certain Common Space General purpose other than that provided or permanent occupation times more than is necessary according to their destination. It is also forbidden to park the car / bike, etc. out of the parking space owned or in use each tenant
48. It is forbidden to extend General Property Exclusive common areas or spaces of common use. Destination using free space in the basement will be decided by the Owners Association and, in any case, will be in accordance with the law.
49. It is forbidden to block common area Generale and / or space for common use by storage or installation of any items in this area.

VII. GENERAL RULES FOR MAINTENANCE OF COMMON AREAS AND AREAS OF COMMON USE
50. General common spaces and spaces of common use will be maintained and cared owner's expense through specialized services contracted Owners Association, after its participation.
51. It is forbidden redevelopment or change common spaces General, except that refurbishments are needed for the maintenance, conservation or improvement thereof, in any case, the works will be approved in advance by the Administrator (and by association, following its establishment) and except for ordinary maintenance will be carried out under a construction permit issued by the competent authorities. No works will be carried out where they might affect the safety and / or architecture Bloc.
52. Any damage caused General common area or exclusive property due to refurbishment or modifications made in terms of this chapter, shall be imputed to the guilty person's production, even if the works were carried out under a construction permit.
53. Owners and users of other common spaces General and spaces of common use are required to adopt any measures needed to repair, maintain the state of safety and ensure full functionality of the Bloc.
54. Owners and users of other common spaces General and common use of space should contribute to repair or, if necessary, strengthen and maintain the state of their safety and allow access to authorized persons accompanied the Administrator / Manager representatives for the repairs to common facilities.
55. The residents will receive the Exclusive Ownership persons performing repairs in common spaces General, to the extent that these fixes can not do outside of Exclusive Ownership.

VIII. COMMON SPACES AND GENERAL EXPENSES WITH THE USE COMMON SPACES

General. Classification of expenditure.
56. All property owners will bear all expenses Bloc regarding the use, maintenance and conservation of the Joint General and spaces of common use.
57. Expenses related to common spaces and spaces of common use General be paid by each Owner / Tenant after the date of receipt minutes of contracted home.
58. Owners will pay the equivalent of all costs of common areas, calculated as required by law.
59. By nature of their expenses borne by property owners in connection with the Bloc owned, are as follows (after the share of each):
(A) costs of common areas General;
(B) expenditure relating to common use spaces;
(C) costs related to sole proprietorships.
60. Depending on the method of calculation and allocation criteria expenses for each property in the block, they will be classified as follows:
(A) expenditure per person;
(B) expenditure on property owned share in Block;
(C) consumption expenditure on technical and otherwise.
61. Listing expenses above is not exhaustive, but illustrative. Consequently, any expense related to joint space Generale and / or spaces of common use not specified in this Regulation and which is not related to a service or Accessories counted, and attributed the Owner shall be borne by all owners in the block in proportion General Property to share.

Calculation and levying property and shares of General Property
62. General Property share is the percentage of the total area owned apartments in total area within the block.
63. The share is the percentage owned property total area of ​​apartments in total area of ​​the block.
64. Supporting expenditures will be made in all cases according to the General and Property Quota Quota property, unless the bear that expense is proportional to the number of people living in an apartment. Cases in which the expense is borne proportionally to the number of people living in an apartment are provided in section limiting. 68 below and can not be extended except by decision of the Association of owners.

Expenses related to common use spaces
65. The following expenses are attributable to common use spaces and will be supported by all owners in the block:
(A) maintenance of access roads;
(B) maintenance, cleaning and proper functioning of equipment, installations;
(C) outdoor lighting;
(D) maintenance, cleaning and function space for storing waste;
(E) material consumption Maid;
(F) expenses related to the consumption of electricity, water, heat metered facilities and equipment serving the common spaces General and losses, metering;
(G) maintenance, repair and replacement of facilities and equipment related tututror sewage system;
(H) all expenses related to salaries, remuneration or payment in any way staff providing services related to maintenance of the building (guard, gardener, maids, mechanics, plumbers, etc.), according to the contract for maintenance and administration.

General expenses related to joint space
66. The following expenses are attributed to General and common spaces will be borne by all owners / tenants:
(A) maintenance, overhaul and repair of elevators
(B) maintenance, repair, replacement columns sewerage, water supply, hot water for heat related common area;
(C) costs related to the consumption of electricity, water and heat metered facilities and equipment serving the common areas of the Bloc;
(D) maintenance and repair lighting systems inside the joint space;
(E) material consumption Maid common areas of the building;
(F) removing garbage;
(G) maintenance and repair of the roof stairway Bloc;
 
(H) all expenses related to salaries, remuneration or payment in any way staff providing services related to maintenance of common spaces General (security, maids, mechanics, plumbers, etc.).
(I) maintenance, repair and function of all spaces, installations and associated equipment in common spaces underground basement and expenses exterminator;
Cases in which the expense is distributed and supports proportional to the number of people living in an apartment.
67. The following expenses and support are distributed proportionally to the number of people living in an apartment:
(A) expenditure for lifting waste and household waste;
(B) electricity consumption for the common spaces General;
(C) the electricity consumption for the operation of lifts (except Owners / Tenants who live downstairs);
(D) electricity consumption expenditure necessary to discharge heat source
(E) expenditure on sanitation;
Expenditure on technical and other resources consumption
69. The following charges are made for usage Flats and must be paid by Landlord / Tenant Administrator, which will re-invoice utility bills:
(A) Expenditure on domestic cold water consumed inside the apartment. These expenses will be calculated according to the meter index each apartment, which will add losses metering;
70. Costs are made for usage Property / Flats and must be paid by the Administrator:
(A) Working capital
71. In order to provide the necessary funds to pay current administrator will determine the amount of the participation of the owners and the establishment of the revolving fund. The revolving fund shall be sized so that it can cover the running costs of the building during a month calenderistice. For starters, setting the amount is by finding and acquiring experience in the field of condominiums equivalent in size and, starting later this determination is performed by equivalence with the amount that was required to cover, block-level, monthly expenditure registered in the expired year, the level of expenditure biggest, increased by the inflation rate. The revolving fund shall be established by next month advance payment for the shares each owner`s, according to the decision of the Administrator. Reunion is monthly working capital by paying the amounts displayed on the pay list.
72. The revolving fund already collected be returned only in situations of change of address or ownership, whether through acts of transfer of right of ownership or use of the building otherwise stipulated.

IX. RELATIONSHIP WITH MANAGER
73. The building will be managed temporarily by SC SPATIU COMERCIAL VITAN SRL or any other company with which SC SPATIU COMERCIAL VITAN SRL contract deal, as required by the market, in both cases with appropriate remuneration market conditions.
74. After the date of constitution of the Association, Contract Administration will transfer the Association, and will produce their effects between the Association and SC SPATIU COMERCIAL VITAN SRL
75. The rights and obligations of the parties involved will be detailed in the Management Agreement. The management contract signed with / by SC SPATIU COMERCIAL VITAN SRL may be terminated by the Association of owners.

X. SANCTIONS
76. Failure to comply with this Regulation shall be the basis for legal action, the Administrator, the Association and / or each Owner / Tenant in part (as appropriate), to recover damages against those responsible and / or ordered to comply.
77. Failure to comply with this Regulation shall result in pecuniary sanctions (damage) whose amount shall be determined by the Association. The amount of damages will be decided by the decision perceived Association or, if it does not constitute within a month of signing the contract of sale / rental, by the Administrator. Damages will be paid Association / Administrator and will be paid into a reserve account available to it / him.
78. If a tenant or other occupant not comply with regulations mentioned, administrator and / or association they will sue the tenant / occupant and the owner of that property jointly.

XI. FINAL PROVISIONS
79. This Regulation took into account the date of drafting legislation, namely: the Civil Code regarding joint ownership forced Law 230/2007 regarding the organization and operation of homeowners associations and GD 1588/2007 approving the Methodological Norms application of Law no. 230/2007 on the establishment, organization and functioning of owners associations.
80. This Regulation is to be completed by the provisions contained in the Statute of the Association and the management contracts concluded with owners.
81. If any provision contained in this regulation will prove contrary to legal norms, that clause will be void and the remaining provisions will remain fully applicable.



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