1. Are statutes governing a condominium subject to registration or not?
Usually, the statutes establish specific internal rules for residential complexes and they do not contain clauses to be entered in the Land Registry (LR).
If the statutes would include clauses regarding restrictions, prohibitions or real rights of the owners, they should be subject to the rules of the common law in the Land Registry matter.
2. Which statute clauses would you emphasise or consider more relevant?
Some possible examples:
- The assignment of common parts (as washing and drying spaces) in exclusive use to certain co-owners with the other co-owners’ consent;
- The establishment of a preemption right.
3. In your LR system, if there was a statute clause or provision contrary to Law, should Land Registrars refuse registration thereof? If yes, provide an example. If not, explain briefly the reasons.
Generally, the registrar will reject the application for registration if the legal act is absolute null or it does not meet specific conditions established by the regulations in force.
- A clause according to which an owner can modify the common parts without the other co-owners’ consent;
- A contractual provision which establishes prohibitions of selling for the proprietors, during the first landlord’s lifetime.
4. Formal publicity of statutes: What is the procedure to get LR information about statutes? How do interested parties look at the statute?
In accordance with the Romanian Civil Code any person, without being held to justify an interest, can investigate any land book and other documents with which it completes.
Upon request, there are issued excerpts, certificates or certified copies of the original land books, plans or documents, with the proof of legal fees payment.
By exception, the documents which formed the basis of performing entries in the land book may be consulted by any interested person, under the law on personal data processing and free movement of such data.
5. Particularly: if interested parties asked for LR information about an apartment, would information about condominium statutes also provided?
The information about an apartment by means of excerpts does not include the content of the statutes. The registrations from the land book are presented briefly, in a standardized, pre-established form.
The land book excerpt is a public document showing the active registrations at the time of its preparation. Given the effect of opposability, the entries in the land book are made at the request of interested persons. Consequently, updating the information in the land book depends on the requests for registration.
In order to obtain detailed information, copies of the documents may be required.