Преведена на АНГЛИЙСКИ ЕЗИК извадка от ЗУЕС с най-важното около провеждането на Общо събрание и вземане на решения
IMPORTANT - Owners vote with their shares. Each owner owns
a % of common area space in the building represented by a number of shares,
the number depends on the size of the unit, meaning; an owner with a larger
property has more shares than someone with a smaller unit. For decisions to
be legal, owners must vote in accordance with the following rules as per the
Condominium Management Act. 2011 (Bulgarian legislation).
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Definitions:
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1. Condominium: The individual properties and their shared
common areas along with the land upon which they sit
2. Quorum: Is the minimum number of members of a
deliberative assembly
3. Shares: The number of shares you hold can be found on
your Title Deed
4. A.G.M.: An Annual General Meeting held in relation to
the management & maintenance of the building
5. Managing Board: An odd number of members with no less
than 3 owners or users of the building
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Who is in control?
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The owners. They can and are not limited to:
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1. Adopt and amend the rules of the internal order
2. Elect and dismiss members of the Managing board: chairman, treasurer & secretary 3. Adopt an annual budget of revenues and expenditures 4. Approve the annual reports of the Managing board and the control board 5. Determine the amount of cash contributions to fund "Repair and renovation" |
Managing Board (manager):
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The executive authority of the condominium is the managing
board. The managing board (manager) is elected for two years and can include
owners or users in the complex.
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Who can call an AGM?
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Owner
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A General Meeting may be convened by any owner
in an emergency or when there has been more than a year since the last
General Meeting.
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User
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A General Meeting may be convened by any user
of the building in an emergency or when there has been more than a year since
the last General Meeting. A "user" is not a tenant or other person
who simply lives in the apartment, but someone with the formal "Right of
Use" (similar to leasehold in UK, the Right of Use is established by a
notary deed and not lease contract).
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Owners with 20 % of the total shares
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The General Meeting may also be convened at
the written request of owners who have at least 20% shares of the common
areas. The request is addressed to the Managing board, which convene the
general meeting within 10 days of receipt.
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Managing Board (manager)
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Once elected by the owners, the Managing Board
is one of four authorities than can call an AGM or EGM, exclusive of any
request from the owners.
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Control Board (the controller)
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It’s not mandatory to have a controlling board.
It controls the activity of the Managing Board, reporting on their activity
in relation to the decisions made by the owners.
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How do you initiate an AGM?
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Invitation on the door of the building:
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An Annual General Meeting is convened by
invitation. A notice with the date, time and location, signed by the person
who convened the general assembly is placed in a prominent and accessible
place at the entrance of the building no later than 7 days before the meeting
date and in urgent cases, not later than 24 hours.
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Via e-mail or over the phone:
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An owner or user, who is not occupying the
unit for more than one month, should notify the manager or chairman of the
board, stating an e-mail address or a phone number at which they can be
reached for notice of a General Meeting.
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Verbally:
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A verbal notification informing of the content
of the invitation is permitted and such cases are stated at the General
Meeting.
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Who can vote at an AGM?
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An owner or a member of the household:
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An owner or user who can not participate in
the General Meeting may authorize an adult member of his household, which is
written into the list of inhabitants in the condominium, or another owner, to represent him.
The authorization may be made verbally at the present or a previous session
of the General Meeting, which is reflected in the minutes of the meeting or
in writing.
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Proxy - any other person including a solicitor
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An owner or user may authorize in writing
another person to represent him with a notarized signature. One person can
represent no more than three owners and / or users.
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How many individuals are needed?
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Owners with 67% of the total shares
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A General Assembly shall take place at the
designated time and place only if owners or representatives of at least 67
per cent shares of the common areas of condominiums are at present.
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Owners with 33% to 67% of the total shares
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If the meeting can not be held in the
specified time due to lack of quorum, the meeting shall be postponed for one
hour and conducted as per the pre-announced agenda and considered legitimate
only if there are present owners possessing not less than 33% of the shares
of the common areas of condominiums.
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Owners with less than 33% of the total shares
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In the cases of lack of the required quorum as
stated above, the meeting shall be held the following working day, at a time
and place as specified in the invitation for convening the general meeting
and the meeting shall be considered legitimate no matter how many shares of
the common areas of condominiums are present. There are no limitations here.
Under the new provisions and amendments there is no court practice, it's
understood that one person is enough.
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How are decisions made?
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Owners with 100% of the total shares:
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Can take action to make extensions, establish
entitlement or right to build and change the use of common parts.
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Owners with 75% of the total shares:
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Can remove an owner or user from the
building for a specified period not
exceeding three years; obtaining loans ; remission of financial obligations,
as well as postponement or rescheduling of their performance; renewal of a
major repair and absorption of EU or
state funds or municipal budget or
other sources of funding.
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Owners with 67 % of the total shares:
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Can place advertising or technical facilities
of the building for connecting the building to heat, water, electricity and
gas network and terminating the heat and gas in the condominium.
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Owners with 50 % of the REPRESENTED shares:
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Except the above cases, decisions are taken by majority
vote with more than 50 percent (51%) of the represented shares of the
common areas of condominiums. In
extreem cases, when as few as 2 owners turn up for the AGM, one with a studio
and the other with a 1 bedroom apartment (of greater number of shares), they
can vote and adopt "necessary" and urgent needs of the building if
in agreement with each other, or by the owner who holds the greater number of
shares. This includes setting the budget.
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What is discussed?
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Typically:
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1. Elect members of the Managing board:
chairman, treasurer & secretary
2. Define the service requirements
3. Decide the annual budget
4. Decide facility management fee
5. Accept rules for the internal order
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