Namenska poraba sredstev rezervnega sklada v večstanovanjskih hišah v etažni lastnini

slovenian

2014

Inštitut za primerjalno pravo pri Pravni fakulteti v Ljubljani IPP-PF

The question how to ensure the maintenance of the house is one of the most important and sensitive issues of condominium. The maintenance of the house is of essential importance for all condominium owners. Therefore, the Slovenian Law of Property Code has introduced the mandatory obligation to form a special fund for maintenance of the house, the so called Reserve Fund. This obligation was later somehow limited by the Housing Act. The Reserve Fund stands in common property of all condominium owners. It is important that the Reserve Fund is defined as a separate property, dedicated for the special purposes. Condominium owners are not allowed to claim back their payments into the fund and their creditors cannot demand the execution on the owner`s share of the fund for repayment of their claims in relation to him. The assets of the Reserve Funds can be used only for the purposes specified by law. The condominium owners must appoint a house manager, who also manages the assets of the Reserve Fund. The house manager is responsible to the condominium owners.

06.12.2016