Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian Excerpt GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No.852 On the Procedure of Enforcement of Law of the Republic of Lithuania on Associations of Multi-family Apartment Owners Vilnius, 15 June 1995 Enacting the Law of the Republic of Lithuania on Associations of Multi-family Apartment Owners (Records, 1995, No. 20-449), Resolution No. I-808 ‘On the Enforcement of the Law on Associations of Multi-family Apartment Owners’ approved by the Seimas of the Republic of Lithuania on 23 February 1995, (Records, 1995, No.20-450), the Law ‘On Amendment and Supplement to the Law on Housing of Citizens of the Republic of Lithuania ” (Records, 1995, No. 20-451), the Government of the Republic of Lithuania resolves:

1. To approve the attached: 1.
2. Standard regulations of Associations of Multi-family Apartment House Owners, 1.
3. the form of owners’ list of the house premises and the premises belonging to them; Prime Minister Adolfas Ðleþevièius Minister of Public Administration Reform and Local Authorities, Acting Minister of Construction and Urban Development L. Mindaugas Stankevièius APPROVED by Resolution No.852 of 15 June 1995 of the Government of the Republic of Lithuania On Standard Regulations of Associations of Multi-Family Apartment House Owners General Provisions
4. The association of multi-family apartment house owners (further referred to as association)_________________________________________________________________ (name) ___________________________________________________________________________ shall constitute a method of management of holding property which belongs to the owners in multi-family housing by the right of common ownership. The association shall be established by the owners of multi-family apartments and non-residential premises. The house belonging to the association (houses): ___________________________________________________________________________ (address) ______________________________________________________________________________________________________________________________________________________ The association headquarters _____________________________________ (address)
5. The association shall be a legal person who shall have its seal. It may have accounts with the banks of the Republic of Lithuania and foreign states. The association shall acquire the legal status after the registration of its regulations at the city (region) municipality. The activities of the association shall be regulated by this Law, and other laws, legal acts and the regulation of the association. The association may not be a founder of enterprises.
6. Members of the association shall be owners of multi-family apartment house and non-residential premises.
7. The main tasks of the association are the maintenance, repairs and other management and exploitation of the common house premises, common engineering facilities, common house constructions, and for keeping in order the allotted land plot, discharging common pecuniary liabilities and protecting other common rights and interests. Other tasks of the association shall include: ------------------------------------------------------------------------------------------------------------------ (additional activities of the association) ------------------------------------------------------------------------------------------------------------------ Rights and obligations of the Association
8. The association shall have the right to: 5.
9. engage in the activities of provided for in the regulations; 5.
10. have accounts with banks of the Republic of Lithuania and foreign states; 5.
11. hold and use the property belonging to it and dispose thereof; 5.
12. build or reconstruct in the established manner structures required for needs of the association; 5.
13. manage and utilize communal-use premises, communal-use structures of the house and engineering facilities; 5.
14. obtain credits; 5.
15. unite with other associations or be reorganised into smaller organisations, establish unions of house, apartment owners or join said unions.
16. The association must: 6.
17. maintain and repair houses, their engineering facilities and its territory: 6.
18. comply with the rules and norms of technical maintenance of residential use premises, and fire prevention, sanitary and environmental protection requirements; 6.
19. pay charges and dues established by law, by the appointed date; 6.
20. be liable for their duties.
21. The association shall maintain their house on its own, shall hire workers or conclude contracts with legal and natural persons for the maintenance of the house and the tax calculations of public utilities. Upon taking over the house, the association shall resolve an issue on reconsideration of contracts with house owners and the organisation maintaining the house as well as the conclusion of new agreements of the association. Members of the association, their rights and duties Members of the association are owners of apartments and non-residential premises (further referred to as owners of house premises). Each owner shall be entitled to one vote in the association. If the premises belong to co-owners by the right to partial ownership, they must agree between themselves who shall represent them in the association. The co-owners’ representative in the association shall have one vote. Legal entities (municipalities, enterprises, institutions, organisations) shall be represented by a duly authorised person in the prescribed manner. The owners of the premises of the house shall acquire the rights and duties of the members of the association as of the date of the registration of the regulations of the association or as of the date of the occurrence of the ownership rights to the premises of the house belonging to the association. A natural person who is a member of the association may, in the prescribed manner authorise another person to participate in the activities of the association on his behalf. A request or agreement of the owners of house premises to become a member of the association shall not be necessary.
22. Members of the association shall be registered in the register book, stating the full name, address (the name and address of a legal entity), the grounds for and the date of acquisition of property, the space belonging to a member of the association by the right of ownership and its ratio with the total area of the premises of the house expressed in percentage. The total area of communal use premises shall not be included into this area.
23. A membership in the association shall terminate when the member loses his right of ownership to all residential and non-residential premises held by him in the association. Upon selling the premises held by him or upon transferring them in any other way, as well as upon his death the person who has acquired or inherited said premises shall become a member of the association. If members of the association were in arrears to the association and their is no possibility to recover said arrears from them, such arrears shall be cleared by the successors of the members removed from the association.
24. A member of the association shall have the right: 11.
25. to attend meetings of the members of the association, to elect and be elected to the Association Board and auditing commission, to submit proposals on issues related to the activities of the association; 11.
26. to work in the association under employment contract; 11.
27. to obtain information related to the activities of the association, its economic condition, assets, resources of public utilities and taxes of house operation; 11.
28. to replan and alter the premises belonging to him by the right of ownership.
29. A member of the association must: 12.
30. observe the regulations of the association: 12.
31. fulfill the obligations of the association of the association and resolutions of the Association Board and the bodies of control; 12.
32. participate in the activities of the association; 12.
33. protect and take care of the property belonging to the association; 12.
34. make established payments and pay taxes; 12.
35. ensure that persons who utilize the premises should comply with the regulations of the association and the internal rules of the house; 12.
36. allow to repair the communal-use engineering facilities that are located on their premises, check the readings of measuring devices; 12.
37. refrain from causing damage to other premises, communal-use premises or communal use-engineering facilities, when replanning, restructuring or repairing the premises belonging to him; 12.
38. in the event of mortgaging, selling or transferring the premises as a gift or otherwise, notify the association (manager) and meet his obligations to the association. Property and funds of the association
39. The property of the association shall consist of the residential or non-residential premises, purchased or acquired in any other manner, and other material assets.
40. Association funds shall consist of: 14.
41. targeted contributions (for operation, repair); 14.
42. contributions relative to the activities of the association; 14.
43. income received from the disposal of the property of the association for management of communal-use premises; 14.
44. aid provided by the state, municipalities, and natural or legal persons, charity as well.
45. Communal-use premises of a multi-family apartment house, its communal-use engineering facilities, communal-use structures shall belong to all owners of the house by the right of common partial ownership. The share of each owner in the common ownership shall be proportionate to the total area of premises held by him by the right of ownership. **Member contribution for the repair of the communal-use property shall be established by multiplying the total amount of expenditure by the ratio of the total area of premises belonging to the owner by the right of ownership and the total area of residential and non-residential premises, in case the meeting of the association members decides otherwise. Members of the association may make non-cash (property) contribution, the procedure for the assessment of which shall be established by the meeting of the association members.
46. The procedure of disposing the association funds shall be established by the meeting of association members.
47. The business year of the association shall commence on 1 January and end on 31 December. Bodies of association management
48. Bodies of association management shall be meeting of the association members and the board or manager of the association.
49. The meeting of the association members may determine the quotas of representation , elect its authorised representatives, call a meeting of authorised representatives instead of a general meeting and delegate to it a part or all of its rights.
50. Resolutions of the meeting of the association members and of the association board (manager) on the issues within their competence shall be binding to all members of the association. Meeting of the association members
51. The supreme body of the association management shall be the meeting of the association members which shall have the right to: 21.
52. amend and supplement the regulations of the association taking into account the model regulations; 21.
53. elect and remove from office the board or the manager and the auditing commission or the auditor; 21.
54. decide on the employment contracts with the board members (manager); determine the amount and procedure of their remuneration for their work (the corrections of Resolution No.147 of 29 January, 1996); 21.
55. evaluate the activities of the association members, the annual report and the conclusion presented by the auditing commission (auditor) concerning the financial activities of the association; 21.
56. determine the number of the staff and the procedure of remuneration for their work; 21.
57. determine the amount of targeted contributions and contributions related to the activities of the association, the procedure of payment and use thereof; 21.
58. establish the procedure of payment by the owners of residential use and non-residential use premises for the maintenance of the building and public utilities; 21.
59. adopt decision concerning the disputed issues of membership in the association; 21.
60. resolve issues concerning the disposal of the property and funds of the association; 21.
61. if necessary, invite experts for examining the financial activities; 21.
62. set the internal regulations in apartment house of the association; 21.
63. decide on the issues as regards the joining the unions by the association of withdrawal therefrom as well as issues concerning the reorganisation of the association; 21.
64. resolve issues related to the association activities entrusted to the board provided this is requested by the board. Meetings of the association members shall be called by the board (manager) in accordance with the procedure established in the regulations but not less frequently than once per year. A meeting must also be called if requested by the auditing commission (auditor) or no less than 1/4 of the association members (authorised representatives). The members shall be notified in writing of the forthcoming meeting and its agenda shall be announced at the same time. A meeting of the association members shall be considered lawful if attended by no less that half of the association members and the meeting of authorised representatives - if attended by no less than 2/3 of the authorised representatives. In the event that the required number of members fail to attend the meeting, a repeat meeting may be called within two weeks, which shall be lawful if attended by no less than 1/4 of the members of 1/2 of the authorised representatives. The resolutions of the meeting shall be lawful if voted in favour of by more than a half of the attending association members (authorised representatives). The Board of the Association and the Manager
65. The board of the association or the manager shall be the managing body of the association, directing the activities of the association in the period between the meetings of the association members (authorised representatives). The Board shall be elected of no less than three board members for a period not exceeding three years. The number of terms of office of the board shall not be limited (Corrections of Resolution No.147 of 29 January, 1996).
66. Meetings of the association board members shall be lawful if attended by no less than 2/3 of the board members. The resolutions of the board shall be lawful if voted in favour by more than a half of the board members participating in the meeting.
67. The association board members shall elect the chairperson of the board who shall organise the work of the board, represent the board and association. The board or the manager of the association shall be subordinate to the body which elects them and perform all the functions assigned to them.
68. The board or manager of the association shall: 27.
69. implement the resolutions of the meeting; 27.
70. organise maintenance of the house and its engineering facilities, and the territory. 27.
71. conclude contracts and other transactions on behalf of the association, announce invitations for bids for the performance of contract works of larger scale; 27.
72. employ and discharge employees; 27.5 draw up plans of the association, build up its budget, prepare reports and other documents related to the activities of the association: 27.
73. organise record keeping and maintenance of accounts; 27.
74. when the building is maintained only with the own effort of the association, determine the expenditure of labour of the association members and their family members as well as the procedure for crediting the expenditure against the contributions; 27.
75. dispose, in accordance with the documents adopted at the meeting of the association members (authorised representatives), of the association funds kept in its bank account; 27.
76. to conclude credit agreements upon the decision passed by the members of the association; 27.
77. be responsible for the economic and financial activities of the association; 27.
78. resolve other issues. Inspection of the Activities of the Association and the Settlement of Disputes
79. The activities of the association shall be inspected by the auditing commission (auditor), the number of the members of which shall be established and which shall be elected for the period not exceeding 3 years, by the meeting of the members of the association. The members of the Association Board and persons which are related to the members of the Board (manager) by close kinship or marriage may not serve on the auditing commission (auditor).
80. Having received justified information about the shortcomings of the activities of the Board (or its manager), the auditing commission (auditor) shall have the right to inspect the activities of the Board (or its manager) at any time. If the violations are determined, the material shall be submitted to the general meeting for consideration.
81. At the close of a business year, the auditing commission (auditor) shall conduct a thorough inspection of the activities, provide its evaluation and submit audit findings concerning the financial activities of the association. The Board (or its manager) must present to the auditing commission (auditor) explanations and necessary documents.
82. State institutions shall be entitled to inspect the activities of the association in accordance with the established procedure.
83. Disputes arising between the association and the members of the association and other legal entities or natural persons, shall be settled by court.
84. Owners' arrears with maintenance costs and public utilities shall be recovered according to the procedure established by the laws of the Republic of Lithuania. The Reorganisation and Liquidation of the Association
85. The association, following the resolution of the meeting, may merge with other association (other associations) or split up into smaller associations provided each of them may act in a separate house (houses). The regulations of the reorganised association shall be registered with the municipality board in accordance with the established procedure. Upon the reorganisation of the association, its rights and obligations shall pass over to the reorganised association (associations) from the date of the registration of its (their) regulations.
86. The activities of the association shall terminate when the house of the association is demolished or removed.
87. The association may be liquidated if the decreased number of its members is less than the minimum number established by laws, or by the decision of the court if its activities do not comply with the laws.
88. The Board of the Association (manager) shall use the existing property and funds of the association primarily for the settlement of accounts with the hired employees, then for the payment of debts to the creditors. The remaining funds and property shall be distributed among the former members of the association pro rata to their contributions. ____________________________ APPROVED by Resolution No. 852 of 15 July 1995 of the Government of the Republic of Lithuania The form of owners’ list of the house _____________________________ premises (address) and premises belonging to them The second name of the owner (the name of a legal person and address) address Premises space status ( residential, non-residential premises) The acquisition date of property and purpose Comments Head of the office for the territorial inventory making, planning and services (Signature) (Name, second name) _________________________