Organization

Property management is an activity focused on preserving and increasing the value of real estate. Real estate always represents the most valuable part of an individual’s and community’s assets, and such activities must be carried out with the utmost care due to their impact on residential safety and comfort, as well as their influence on the real estate market. Indeed, apartments and commercial spaces in well-managed buildings will have a higher market value than those in neglected and poorly maintained properties.

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Property Manager

The rights and obligations of the property manager are defined by the Law on Ownership and Other Property Rights, as well as more specifically by the Management Agreement. Co-owners may authorize the manager by the Agreement to perform the following tasks on their behalf and for their account:

  • organize regular maintenance of common areas and equipment in their structural and functional condition (the list of common areas and equipment is determined by the co-ownership agreement)
  • conduct periodic and annual inspections of the property and prepare reports
  • determine the amount of the common reserve fund contribution for each co-owner
  • organize the collection of the common reserve fund, including enforcement collection
  • manage the funds of the common reserve contributed by co-owners to cover the maintenance costs of common areas and equipment in accordance with the annual program
  • inform co-owners in an appropriate manner about completed tasks
  • provide each co-owner with an accurate account of operations for the previous calendar year and make the supporting documents available for review in an appropriate manner
  • insure common areas and equipment against risks according to the annual program
  • represent co-owners in proceedings before courts and other authorities

Additionally, the Property Manager is obliged to organize repairs for urgent failures and provide 24-hour on-call service on weekdays, weekends, and holidays.

Co-Owner Representative

The co-owner representative is one of the co-owners, chosen by the other co-owners under the Co-Ownership Agreement to represent them towards the Property Manager and third parties (of course, with their consent).

The powers and responsibilities of the representative, as well as any liability towards co-owners, should be determined by the Co-Ownership Agreement, since the Law on Ownership and Other Property Rights does not contain such provisions.

The co-owner representative is entitled to compensation for their work, with the amount determined by the co-owners.

The co-owner representative is authorized to:

  • enter into a property management agreement with the property manager
  • enter into a loan or credit agreement to cover extraordinary expenses up to the amount that can be repaid from the reserve fund based on Articles 86 and 87 of the Law on Ownership and Other Property Rights
  • enter into an agreement for the management and use of common areas and equipment used jointly with co-owners of other buildings (roof, gutters, facade, boiler room)
  • represent co-owners to the property manager and third parties in matters concerning common areas and equipment not entrusted to the property manager
  • organize the collection of common expenses
  • participate in selecting contractors for works carried out by the property manager
  • certify work orders as confirmation of completed tasks
  • ensure compliance with house rules and proper use of common spaces and land serving the building
  • regularly inform co-owners of all significant issues related to management, and at least once a year submit a written report of their activities to all co-owners

The co-owner representative acts as a link between the building co-owners and the property manager. The representative is essential for the manager’s work when carrying out and executing all necessary tasks and obligations for the building. The property manager is accountable to the co-owners through the representative. A good relationship between the co-owner representative and the property manager is a prerequisite for effective cooperation.

Buildings without a representative, according to the Law on Ownership and Other Property Rights, must have a property manager, and such buildings are managed under so-called “forced administration” appointed by the local government.

Reserve Fund

According to the Law on Ownership and Other Property Rights, Article 90, the common reserve fund is defined as a purpose-bound common asset of all co-owners of a property, intended to cover the costs of maintenance and improvement of the property, as well as to repay a loan taken to cover these costs. The reserve fund consists of monetary contributions paid monthly by co-owners based on a decision made by the majority of co-ownership shares in accordance with the Annual Management Plan and Program. If such a decision is absent, the fund is determined based on a decision made by the court at the request of a co-owner, taking into account the expected expenses and the financial situation of all co-owners.

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The collection of the reserve fund is organized and managed by the property manager into the building’s bank account, and it is allocated according to the needs in accordance with the mentioned plan and program.

The minimum amount of the reserve fund that co-owners are required to pay into the building’s common reserve account is defined by Article 380, paragraph 2 of the Law on Ownership and Other Property Rights and corresponds to 0.54% of the value of the individual co-ownership share per year, while the maximum amount of the reserve fund is limited by Article 380, paragraph 3 of the Law to an amount equal to 10% of the property’s value.

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Legal Obligations

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Building Insurance

According to the Law on Ownership and Other Property Rights, every building must be appropriately insured. Insurance is carried out in accordance with the Insurance Act. Co-owners may insure the building beyond the minimum required coverage.

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Fire Protection

The Fire Protection Act stipulates that every building must have appropriate fire protection. This is further regulated by the Rulebook on the selection and installation of fire extinguishers.

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Chimney Services

Chimney services are prescribed by the Rulebook on Chimney Services and are carried out accordingly.

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Rodent and Insect Control

Carried out in accordance with the Public Health Act, sanitary regulations, and the Law on Ownership and Other Property Rights.

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Regular Monthly Elevator Service

All elevators are subject to regular monthly service in accordance with the Rulebook on Technical Inspection of Elevators for Vertical Transport of People and Goods.

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Annual Elevator Inspection

The annual inspection is conducted by the Institute for Quality Testing, according to the Rulebook on Technical Inspection of Elevators for Vertical Transport of People and Goods. After the inspection, the institute issues a Certificate of Elevator Compliance, without which the elevator cannot be put into operation.

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Manager’s Fee

For the work performed, the property manager is entitled to a fee, which is paid from the reserve fund in accordance with the Management Agreement.

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