The Saeima1 has adopted
and the President has proclaimed the following Law:
Law On Residential Properties
Chapter I
Residential Property
Section 1. Purpose of the Law
The purpose of this Law is to prescribe the status of a
residential property, the rights, duties and accountability of an
apartment owner, as well as the competence and decision-making
procedures of the community of apartment owners.
Section 2. Residential Property and
the Composition Thereof
(1) A residential property is an independent immovable
property which has been legally partitioned in a residential
house.
(2) A residential property as a whole shall consist of an
individual property and the relevant undivided share of the joint
property. The individual property and the undivided share of the
joint property included in the apartment property shall be
legally inseparable.
(3) In relation to the residential property, insofar as it is
not regulated by this Law, the norms of the Civil Law shall be
applicable. The provisions of Section 927 of the Civil Law shall
be applied to residential properties with the restrictions
provided for in this Law.
Section 3. Individual Property
(1) An individual property shall be structurally and
functionally enclosed premises or a group of premises in a
residential house, which have been marked as an apartment,
non-residential premises or artist's workshop on the cadastral
survey file.
(2) Elements of an individual property shall be:
1) the structural non-load bearing, enclosing and finishing
elements of the premises or a group of premises (including
internal partitions, ceilings, floor and wall finishes,
doors);
2) engineering networks and engineering communications to the
vertical connecting pipe of the joint property;
3) engineering equipment components (including kitchen
facilities, ventilation installations, toilet, shower and bath
facilities), without which the elements of the existing share of
the joint property residential house can function independently;
and
4) enclosing windows and doors of the individual property.
(3) In addition the composition of an individual property may
include auxiliary premises located outside premises or a group of
premises and functionally associated therewith and auxiliary
structures or their parts, which are not functionally associated
with the existing share of the joint property residential house
or another individual property.
Section 4. Existing Joint Property
Share
(1) An existing joint property share shall include the
following:
1) external enclosing structures (including walls,
architectural elements, the roof, windows and doors of premises
for common use, also exterior doors) of the residential house and
external premises thereof (galleries, balconies, loggias,
terraces), internal load bearing constructions (including
supporting walls and columns, as well as separate enclosing walls
of the property), intermediate coverings (including heat and
sound insulation layers), premises for common use (including
attics, stairwells and cellars), as well as the engineering
communication systems, devices servicing the residential house
and other indivisible elements functionally associated with the
exploitation of the residential house, which do not belong to an
individual property (including the heating elements within the
boundaries of the individual property, if their functional
activity depends on the existing engineering communications of
the joint property);
2) the auxiliary buildings and structures belonging to the
residential house, except those referred to in Section 3,
Paragraph three of this Law; and
3) the land parcel, on which the relevant residential house is
situated, if it does not belong to another person.
(2) Sections 1067 - 1072 of the Civil Law shall be applied to
the existing joint property share. The requirements of Section
1068, Paragraph one of the Civil Law shall be applied insofar as
not specified otherwise in Section 17, Paragraphs six, seven,
eight and nine of this Law.
Section 5. Amount of the Undivided
Share of the Joint Property
(1) The undivided share of the joint property contained within
the residential property shall be the total area of the
individual property in proportion to the total area of all
individual properties existing in the residential house.
(2) Upon alteration of the total area of an individual
property, the undivided shares of the joint property included in
each residential property shall also be amended accordingly,
except the case referred to in Paragraph three of this
Section.
(3) The provisions of Paragraph two of this Section shall not
be applicable in cases when the alterations to the total area of
an individual property have resulted, performing reconstruction,
renovation or restoration within the boundaries of the individual
property.
Section 6. Establishment and
Founding of a Residential Property
(1) A residential property may be established on the basis of
law, a court judgment or transaction, including a will, or a
decision of the house owner. The residential property shall be
established by dividing a residential house entered in the Land
Register in accordance with the provisions of this Law together
with the auxiliary buildings, structures and land belonging
thereto.
(2) A residential property shall be established upon the
recording thereof in the Land Register.
Section 7. Expiration of a
Residential Property
A residential property shall expire, if it has been destroyed
or is being altered into a different property on the basis of
law, a court judgment, transaction, including a decision of
apartment owners or a will.
Chapter II
Apartment Owner, His or Her Rights, Duties and
Accountability
Section 8. Apartment Owner
(1) An apartment owner shall be a person who has acquired a
residential property and has recorded ownership rights in the
Land Register.
(2) Until the registration of a residential property in the
Land Register, all norms of this Law that determine the rights,
duties and accountability of a residential property owner shall
apply to the residential property acquirer, except such rights
specified in law, which the residential property acquirer
acquires after registration of the residential property in the
Land Register.
Section 9. Rights of an Apartment
Owner
An apartment owner in respect of the residential property has
complete right of control, including the following rights:
1) to possess and use his or her residential property, obtain
benefits therefrom, use it at his or her own discretion for the
propagation of property and generally use it in every way,
insofar as the owner is not restricted by laws and insofar as it
does not create disturbances for other apartment owners;
2) alienate, including give as a gift, a residential
property;
3) to pledge and otherwise burden a residential property with
property rights;
4) transfer a residential property to the use of other
persons;
5) to lodge family members and other persons in a residential
property;
6) participate in the administration of the residential house;
and
7) to use the existing joint property share, insofar as
limitations of use are not specified by decisions taken by the
community of apartment owners in accordance with the procedures
specified in this Law.
Section 10. Duties of an Apartment
Owner
An apartment owner has the following duties:
1) to participate in the administration of the residential
house:
2) to cover the administration expenditure of the residential
house in accordance with the procedures specified in Section 13
of this Law;
3) to settle accounts for the received services, which are
related to the use of the residential property (for example,
heating, cold water, sewerage and removal of household
waste);
4) to pay the taxes applied to the residential property;
5) to make lease payments for the use of land, if the
residential house is located on land belonging to another
person;
6) to treat with care the existing joint property share,
observing the conditions for use thereof, as well as all the
sanitary and fire safety requirements and other requirements
specified in regulatory enactments in order not to cause harm to
the safety and health of other persons, the quality of the
surrounding environment, and to ascertain that these provisions
and conditions are observed by persons lodged in his or her
residential property;
7) to ensure the possibility for specialists authorised by the
community of apartment owners or the administrator to perform
activities in the residential property, which are necessary for
the establishment and normal functioning of communications,
building structures and other elements related to the
exploitation of the residential house, as well as provide the
possibility to inspect an individual property; and
8) to execute the decisions taken by the community of
apartment owners.
Section 11. The Right of an
Apartment Owner to Reconstruct, Renovate or Restore a Residential
Property
(1) An apartment owner has the right to reconstruct, renovate
or restore (hereinafter - rebuild) an individual property,
insofar as it does not affect the existing joint property shares
or other residential properties, without having to co-ordinate
with other apartment owners, but observing the provisions of
regulatory enactments.
(2) An apartment owner has the right, observing the provisions
of regulatory enactments, to rebuild the enclosing windows and
doors of the individual property without co-ordinating with other
apartment owners, if the community of apartment owners has not
decided otherwise.
(3) If the rebuilding of an individual property affects the
existing joint property share, it shall be necessary for the
apartment owner to receive a consent of the community of
apartment owners in accordance with the procedures specified in
this Law.
(4) If the rebuilding of an individual property affects
another individual property, it shall be necessary for the
apartment owner to obtain a consent of the relevant apartment
owner.
Section 12. Right of First Refusal
of Apartment Owners
(1) Upon alienating a residential property, the other
apartment owners of the relevant residential house do not have
the right of first refusal or redemption right, except the cases
where the community of apartment owners has taken a decision
thereon in accordance with the procedures specified in this Law
and an entry has been made in the Land Register regarding the
existence of right of first refusal.
(2) The right of first refusal shall be exercised in
accordance with the procedures specified in the Civil Law.
Section 13. Covering of
Administration Expenditure of a Residential House
(1) An apartment owner, according to the existing joint
property share included in his or her residential property, shall
cover the expenditure specified on the basis of a decision of the
community of apartment owners for the performance of mandatory
administrative activities of the residential house, as well as
the remuneration to the residential house administrator specified
by the community of apartment owners, if such has been provided
for in the residential house administration contract.
(2) An apartment owner, according to the existing joint
property share included in his or her residential property, shall
cover the expenditure specified on the basis of a decision of the
community of apartment owners cover for the performance of other
administrative activities of the residential house, which ensure
improvement and development of the residential house, promote the
formation of optimal administration expenditure thereof, and
apply to:
1) the changing of elements, installations or communications,
which are in the joint property of the residential house, if such
changing results in reduction of the maintenance costs of the
house;
2) measures, which result in reduction of expenditure for
services related to the use of the residential property.
(3) In taking the decision referred to in Paragraph two of
this Section, the community of apartment owners shall evaluate
the documents, which justify the cost-effectiveness of the
relevant activities in compliance with that specified in
Paragraph two, Clauses 1 and 2 of this Section.
Section 14. Accountability of an
Apartment Owner
(1) An apartment owner shall be accountable for the losses
caused to other apartment owners or other persons according to
the procedures specified in regulatory enactments, decisions of
the community of apartment owners or mutually entered into
contracts.
(2) If an apartment owner does not have other property to
cover losses, recovery may be directed against the residential
property in accordance with the procedures specified in the Civil
Procedure Law, concurrently evicting the apartment owner, his or
her family members and other persons lodged in the residential
property.
(3) A residential property may be alienated in accordance with
the procedures specified in the Civil Procedure Law, concurrently
evicting the apartment owner, his or her family members and other
persons lodged in the residential property, if the apartment
owner, a member of his or her family or another person lodged in
the residential property violates the requirements of regulatory
enactments, which apply to the use of the residential property,
including sanitary and fire safety norms, and, thus, causes harm
to the safety and health of other persons, the quality of the
surrounding environment.
(4) A request regarding the alienation of a residential
property in the cases specified in Paragraph three of this
Section may be raised by any apartment owner.
Chapter III
Community of Apartment Owners
Section 15. Status of the Community
of Apartment Owners
(1) The community of apartment owners is the administrative
body of a residential house, which is partitioned into apartment
properties.
(2) The composition of the community of apartment owners shall
include all apartment owners of the residential house.
(3) If the existing apartment properties in the residential
house belong to one person, they have all the rights and duties
of the community of apartment owners provided for in this
Law.
Section 16. Competence of the
Community of Apartment Owners
(1) A community of apartment owners has the right to decide
any matter, which relates to the existing joint property share.
The community of apartment owners, by entering into a relevant
contract, may authorise another person to decide a matter which
is within the competence of the community, except the matters
referred to in Paragraph two of this Section.
(2) Only the community of apartment owners has the right to
take a decision regarding the following:
1) the alteration of the existing joint property share
(increasing, decreasing);
2) the specification of the procedures for the use of the
existing joint property share between apartment owners;
3) the establishment and revoking of the right of first
refusal of apartment owners;
4) the granting and revoking of authorisations;
5) the specification of restrictions for the right of use;
6) the transferring for use of the existing joint property
share;
7) the form of administration of the existing joint property
share;
8) the assigning of individual or all administrative
activities of the residential house to an administrator;
9) the procedures for the determination and payment of the
administration expenditure of the residential house; and
10) other matters, which the community of apartment owners has
specified as such that only fall within the competence of the
community of apartment owners.
(3) A decision of the community of apartment owners shall be
binding for all apartment owners, if apartment owners who
represent more than a half of the residential properties of the
residential house have voted "for", except the cases where
another number of votes necessary for taking of a decision has
been provided for in Section 17 of this Law or a larger necessary
number of votes has been specified by the community of apartment
owners itself.
(4) A court, on the basis of an application by an apartment
owner, may declare a decision taken by the community of apartment
owners as invalid, if the decision or the procedures for taking
thereof are in contradiction with the provisions of this Law. An
action may be brought within three months from the day when the
person concerned became aware, or should have become aware of the
decision of the community of apartment owners, but not later than
one year from the day of taking of the decision.
Section 17. Conditions for
Decision-Making of a Community of Apartment Owners
(1) When taking a decision of a community of apartment owners,
each apartment owner shall have as many votes as there are
apartments in his or her ownership.
(2) If one apartment owner owns more than a half of the
apartments existing in the residential house, when voting he or
she shall have 50 per cent of the votes of all votes of apartment
owners.
(3) If a residential property belongs to two or more joint
owners, they shall authorise one person to represent all
apartment owners and shall have one vote when voting.
(4) An apartment owner, when authorising another person to
represent his or her interests in the community of apartment
owners, shall draw up a written authorisation thereof.
(5) In order to take a decision regarding the matters referred
to in Section 16, Paragraph two, Clauses 1 and 2 of this Law, it
shall be necessary that all apartment owners vote "for".
(6) In order to take a decision regarding the establishment of
the right of first refusal referred to in Section 16, Paragraph
two, Clause 3 of this Law, it shall be necessary that all
apartment owners vote "for". In order to take a decision on
deletion of the entry regarding the right of first refusal from
the Land Register, it shall be necessary that apartment owners
who vote "for" represent more than a half of all apartment
properties.
(7) In order to take a decision on the matters referred to in
Section 16, Paragraph two, Clause 4 of this Law, it shall be
necessary that apartment owners who vote "for" represent at least
two-thirds of all apartment properties.
(8) In order to take a decision on the matters referred to in
Section 16, Paragraph two of this Law, namely, on the
establishment, construction or relocation of the water supply,
sewerage and public electronic communications networks, it shall
be necessary that apartment owners who vote "for" represent more
than a half of all apartment properties. Restrictions to the
right of use in relation to the establishment, installation,
exploitation and development heating, electricity and gas supply
installations and devices shall be determined in accordance with
the procedures specified in the Energy Law and other regulatory
enactments.
(9) In order to take a decision on the matters referred to in
Section 16, Paragraph two, Clauses 6, 7, 8, 9 and 10 of this Law,
it shall be necessary that apartment owners who vote "for"
represent more than a half of all apartment properties.
Section 18. Procedures for
Decision-Making of a Community of Apartment Owners
(1) The procedures and manner of decision-making of a
community of apartment owners shall determined by the community
of apartment owners, observing the provisions of this Law.
(2) The community of apartment owners may take decisions on
the matters within the competence thereof as follows:
1) at a general meeting of apartment owners (Section 19);
2) without convening a general meeting of apartment owners -
by means of a questionnaire (Section 20); or
3) upon mutual agreement of another kind (Section 21).
(3) All decisions of the community of apartment owners shall
have equal legal force regardless of the manner referred to in
Paragraph two of this Section in which they were taken.
(4) The community of apartment owners may specify, which
matters may only be decided at a general meeting of apartment
owners.
(5) All decisions taken by the community of apartment owners
shall be drawn up in writing.
Section 19. Procedures for the
Convening of and Procedural Requirements for a General Meeting of
Apartment Owners
(1) A general meeting of apartment owners shall be convened
upon the initiative of one or more apartment owners or the
administrator in accordance with the procedures specified by
apartment owners.
(2) Every apartment owner shall be invited, in writing or
according to other procedures specified by the community of
apartment owners, to a general meeting of apartment owners not
later than one week prior thereof. The invitation shall include
the place, time and agenda of the general meeting.
(3) A general meeting of apartment owners shall have a quorum,
if apartment owners representing more than half of all
residential properties participate therein. If the specified
number of apartment owners does not attend the general meeting,
the general meeting shall be deemed not to have taken place.
(4) Apartment owners who are in attendance at a general
meeting, shall register in the registration list of members in
attendance.
(5) At a general meeting of apartment owners a chair and a
recorder of minutes for the general meeting shall be elected.
(6) The procedures, by which general meetings of apartment
owners shall be convened and how the decisions taken therein and
minutes shall be drawn up, shall be determined by the community
of apartment owners.
Section 20. Decision-Making of a
Community of Apartment Owners, without Convening a General
Meeting of the Community of Apartment Owners
(1) Apartment owners have the right to take decisions, without
convening a general meeting of apartment owners, - by means of a
questionnaire, if the community of apartment owners has not
specified that the relevant matter shall only be decided at a
general meeting of apartment owners.
(2) If a decision is taken, without convening a general
meeting of apartment owners, - by means of a questionnaire, the
administrator or another person determined by the community of
apartment owners shall, in writing, send each apartment owner the
draft decision on the matter to be decided and the documents,
which are relevant to taking of the decision, as well as indicate
the term, during which an apartment owner may vote "for" or
"against" in writing regarding taking of the decision. The term
shall not be less than two weeks after sending of the draft
decision. If the apartment owner has not replied in writing
within the specified period of time, it shall be considered that
he or she has voted against taking of the decision.
(3) The administrator or another person determined by the
community of apartment owners shall prepare a voting report on
the results of voting and, within five working days, send it to
all apartment owners. The voting report shall indicate the
following:
1) the date when the draft decision was sent and the term
during which the apartment owners had to vote;
2) the decision taken and the voting results of the voting
related thereto;
3) upon the request of apartment owners - the content of
differing opinions; and
4) other significant information regarding the voting.
(4) If any of apartment owners so requests, the administrator
or another person determined by the community of apartment owners
shall provide the voting results of other apartment owners.
(5) The procedures, by which the community of apartment owners
shall take decisions, without convening a general meeting of
apartment owners, - by means of a questionnaire, shall be
determined by the community of apartment owners.
Section 21. Decision-making of a
Community of Apartment Owners by Mutual Agreement of Another
Kind
(1) A mutual agreement between all apartment owners shall be
accepted as the decision of the community of apartment
owners.
(2) If all apartments in a residential house belong to one
person, his or her decision shall be considered as the decision
of the community of apartment owners.
Transitional Provision
With the coming into force of this Law, the Law On Residential
Properties (Latvijas Republikas Saeimas un Ministra Kabineta
Ziņotājs, 1996, No. 1; 1997, No. 4; 1998, No. 23; 2001, No.
24; 2004, No. 9; 2009, No. 24) is repealed.
This Law shall come into force on 1 January 2011.
This Law was adopted by the Saeima on 28 October
2010.
President V. Zatlers
Riga, 21 November 2010
1 The Parliament of the Republic of
Latvia
Translation © 2011 Valsts valodas centrs (State
Language Centre)