In Albania, the Ministry of Local Governance has proposed a
new draft law on the administration of co-owned buildings. This legislation
aims to improve the management of shared properties and regulate financial
obligations for apartment owners in residential buildings. The draft,
comprising 53 articles, introduces new measures for payments and penalties for
those who fail to meet their obligations.
What is the administration fee?
According to the draft law, all citizens owning residential
or service units in shared buildings are required to pay a monthly fee for the
administration and maintenance of common areas. This fee is calculated based on
the share of ownership and maintenance costs but can be adjusted depending on
the number of floors and the extent of property use.
Who has to pay?
The law also applies to owners who do not use their
property. They are obliged to contribute equally to those who reside in the property
unless a different decision is made by the co-ownership assembly.
Penalties for non-payment
The draft law establishes a penalty of 30% of the monthly
fee for each month of delay. This measure aims to ensure timely payments and
avoid issues stemming from the lack of funds for building management. If a
co-owner fails to pay for three consecutive months, the co-ownership board has
the right to calculate the overdue amounts and forward them for enforcement
through court-ordered bailiff services.
How is the fee determined?
If the co-ownership assembly cannot agree on the fee, a
reference fee approved by the respective municipal council will apply. The
calculation of this fee is based on guidelines approved by the ministry.
What does the draft law include?
In addition to fees and penalties, the draft addresses other
key issues such as:
·
The rights and responsibilities of unit owners.
·
The election and duties of the administrator and
the co-ownership board.
·
Procedures for registering and cataloging
co-owned units.
This draft law is currently in the public consultation phase
and may undergo changes before approval. Citizens and experts have been invited
to provide their input for its improvement.
This new law aims to establish a fairer and more efficient
system for managing shared buildings, enhancing accountability and awareness
among co-owners. However, practical implementation and public acceptance remain
key challenges for its success.