Consideraţii privind organizarea și funcționarea Asociațiilor de Proprietari. Paralelă legislativă. Legea nr. 230/2007 – o reală reformă?
Considerations regarding the organizing and functioning of the Associations of Owners. A legislative parallel. Law no. 230/2007 - a real reform?

Summary/Abstract: The passing from state ownership over dwellings, which in the communist period had a quasi-general character, to private ownership has influenced in a direct manner the organizing and functioning of the associative forms constituted in order to exercise the attributes of the forced and perpetual co-ownership right in the buildings with more apartments which had different owners (condominiums). The present study represents a short retrospective over the way in which this “endless transition” was transposed in the legal rule, with important consequences on the juridical regime applicable to the associations of tenants (lessees’ associations) which, from various reasons, did not transform themselves into associations of owners, at least in the respect of two sensitive questions – the remuneration of the managers and of the accountants and the adoption of a own system of penalties for common expenses. The legislative evolution shows an inconsequence in this matter and, nowadays, as it will be explained in the following, it is not excluded the coexistence of these associative forms in order to manage the common parts of a condominium.

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