The statutes of the unit owners’ association are the basic document in a residential building. It is worth at least looking at them when you buy or rent a new apartment and if you are directly at the birth of new statutes or their change, then it is necessary to make sure that they contain all the elements provided by law. Which ones are?
The statutes regulate the basic rules and relations between the unit owners and the bodies of the HOA. It is essentially a founding document, so no HOA can exist without statutes. The bylaws are a separate document from the owner’s declaration and the development agreement. However, they must of course be in compliance with them, which must be taken care of.
The previous legislation offered so-called model articles of association of the HOA, which were automatically valid if the HOA was established by law and had not yet approved its own articles of association. However, this option is no longer valid and the HOA can only be established on the basis of the articles of association.
Are you unsure about the bylaws of your unit owners' association?
We will review all your documents and ensure that the bylaws of your homeowners’ association (HOA) or condominium meet the needs of the building and comply with the law. We will check the draft of your statutes or create complete documentation tailored to your needs.
The approval of the statutes establishes the unit owners’ association. A notarial record must be made of the establishment of the association (however, this is no longer required when the statutes are amended). However, the new Civil Code also allows the establishment of an HOA by a single owner of all units. In this case, the statutes do not have to be in the form of a notarial deed. Subsequently, the articles of association are registered in the public register and the date of registration is deemed to be the date of establishment of the owners’ association.
A majority of all unit owners must approve the first bylaws.
The bylaws must be delivered to the registration court together with the application for registration in the public register. An electronic form, preferably in PDF format, is also required. In addition, an invitation (specifying the date and place of the meeting), an attendance list with signatures of the attendees and the minutes of the meeting with the result of the vote on the adoption of the bylaws are sent.
According to the new Civil Code, the mandatory elements of the statutes are at least:
From 2020, they are no longer mandatory parts of the statutes:
Tip: We have covered the rules on house management contributions and the repair fund in our separate blog article.
Recommended elements of the statutes:
The requirements of the contract with the external administrator and the approval of the person of the administrator.
The HOA is the legal entity in charge of the management of the apartment building and the land. In doing so, the law provides for an express prohibition of business. It may not even directly or indirectly participate in the business or other activities of entrepreneurs.
The system of HOA bodies is based on the principle of a pair of mandatory bodies that each HOA must have. The highest body of the HOA is always the assembly. The statutory body may be the committee or the chairman of the HOA, which depends on the will of the owners. Other (voluntary) bodies may also be provided for in the statutes. They can be, for example, an inspection committee, an auditor or a concierge. In practice, however, this is rather uncommon.
The statutes do not represent any immutable dogma. If the need arises to change them (for example, the length of the term of office or the voting method, etc.), they must again be approved by a majority of the unit owners. However, the previous bylaws may specify a higher number of votes for approval of amendments. In such a case, however, there is a risk that certain unit owners will block the amendments on purpose.
If you are interested in what and how the bylaws of your HOA regulate, the easiest way is of course to contact the chairman or one of the committee members. Should it happen that he or she does not communicate with you, or for some reason does not have the bylaws, you can either go to the relevant registry court where the bylaws are kept, or you can consult the documents at www.justice.cz. Here you can click directly to the statutes in electronic form.
The basic difference if you are a freeholder and a co-operative owner is that in the latter case you are not the real owner of the flat. That in this case is the housing association, and so-called “condominium owners” are by law only tenants. However, they cannot be evicted from the lease as with a normal lease.
The by-laws of the housing cooperative must also stipulate under what conditions the right of a member to conclude a lease agreement for a cooperative apartment arises. The bylaws may restrict the cooperative members in the disposal of the flat, for example, prohibiting them from renting out the flat. An HOA cannot restrict apartment owners in such a way.
If owners violate the bylaws, theoretically they can, for example, be fined. However, there are legal disputes about the possibility of fines being set by private parties. If you nevertheless decide to go down this route, you should define exactly what the penalties are, who decides on the imposition of the penalties and the amount of the penalties (which must be proportionate to the offence).
The actual violation of the statutes by the chairman is more relevant within the JVU. If the members of the JVU want to go to court, for example, they need to prove that the chairman acted contrary to the will of the assembly, i.e. that the assembly did not approve his actions (even after the fact) and that the chairman caused damage.
In addition to the established approved house rules, many HOAs have house rules that apply to all residents of the building, regardless of the property relationship to individual units. It may regulate, for example, issues relating to cleaning, night-time quiet, waste sorting, etc. However, its enforcement is not entirely straightforward. If, by not respecting it, the neighbours are at the same time violating a generally binding legal regulation (disturbing the night peace, disturbing the peace or assaulting neighbours), then the police can of course be called. However, if the neighbour is not sorting her waste or cleaning up her dog friend’s puddles, you can take up the matter with her and reproach her, but that is as far as your powers go.
We will review your HOA or housing cooperative bylaws or we will write them up for you from scratch. We will always ensure that they comply with current legislation. Our bylaws are always tailored to the needs of the residents of the building. We can also set up your HOA or housing association on a turnkey basis. We will arrange everything quickly, flawlessly and at pre-determined prices. You can pay only after the service has been provided.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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