Termination of the lease agreement now possible only by letter
ARTICLE, October 2021
The new Act Amending the Housing Act, which entered into force on 19 June 2021, also brought an amendment regarding the termination of lease agreements. Now it is no longer necessary to file lawsuits to terminate the lease agreement, the contract can only be terminated by letter. More about this in the article in the newspaper Finance https://www.finance.si/8981218/Odpoved-pogodbe-o-najemu-po-novem-mozna-samo-z-dopisom
Termination of the lease agreement now possible only by letter
ARTICLE, October 2021
The new Act Amending the Housing Act, which entered into force on 19 June 2021, also brought an amendment regarding the termination of lease agreements. Now it is no longer necessary to file lawsuits to terminate the lease agreement, the contract can only be terminated by letter. More about this in the article in the newspaper Finance https://www.finance.si/8981218/Odpoved-pogodbe-o-najemu-po-novem-mozna-samo-z-dopisom
Transfer of ownership of common parts
ARTICLE, June 2021
All floor owners must be involved in the sale of the general common part of the building, which is in condominium ownership. In practice, this causes problems. The article presents what are the possible solutions so that the interests of apartment owners are still protected and that such a deal is feasible in practice. More about this in an article published in the journal Pravna praksa, no. 21-22, 2021, p. 17-19, also available via www.pravnapraksa.si or www.iusinfo.si (paid access)
ENFORCEMENT ON REAL ESTATE IN THE CASE OF A SMALL DEBT
ARTICLE, September 2018
Creditors, even in the case of small debts, should apply for debt enforcement on real estates as well, although this is the home of debtors. You will encourage other competent institutions to come and help debtors. Distress of the debtor can be serious and unimaginable, but the rescue of them should not be transferred to the creditors' shoulders. Read more in the Finance newspaper of 29/08/2018. https://drazbe.finance.si/8937922/Izvrsba-na-nepremicnine-pri-malem-dolgu
BLOCKCHAIN AND REAL ESTATES
ARTICLE, September 2018
The blockchain technology or the technology of block sequencing is one of the most important innovations in the field of information-communication science and will certainly break through into many areas of our lives. In this paper, there are only a few reflections on what an impact will (or could) have on the real estate area, also in Slovenia. Read more in Pravna praksa (Legal Practice Journal) No. 19, February 2018, p. 8-9, also available through www.pravnapraksa.si or www.iusinfo.si (payable access).
Illegal work of the manager
ARTICLE, May 2018
A condominium owner is interested in whether a manager can charge the management of the reserve fund to condominium owners, although he has never submitted a pricelist for the management of the reserve fund. See more in the Pravna praksa (Journal of Legal Practice) No. 22, March 2018, p. 24, also available via http://www.pravnapraksa.si or http://www.iusinfo.si
Identification number of the condominium owners community
ARTICLE, February 2018
The condominium owners community in Slovenia does not have its own identification number – no personal identification number, registration number or tax number. Given that the enforcement of legal and procedural capacity is in practice linked to a particular ID number, consideration should also be given to this.
Learn more in Pravna praksa (Legal Practice) No. 5, February 2018, p. 12, also available through www.pravnapraksa.si or www.iusinfo.si (payable access)
Be mindful about proper spending of the reserve fund resources of condominium owners
ARTICLE, February 2017
Recently there has been much talk in the public about the unwarranted application of reserve funds by apartment building managers. A word of warning should also be given regarding the incorrect use of such resources especially when a reserve fund is used for covering investment costs. You can read more about this in the Finance magazine of 16/2/2017, also available online: https://www.finance.si/8854131 (paid access).
A one-off payment by a condominium owner for paying the costs of façade redressing
ARTICLE, February 2017
Condominium owners in an apartment building wish to order a redressing of the façade. All condominium owners agree with raising a loan by pledging the reserve fund, save for one condominium owner, who wishes to pay for the investment with a one-off payment in cash. In such case, this owner would, in accordance with the Rules on criteria for determining the reserve fund contribution of condominium owners, continue to pay his/her monthly reserve fund contribution. Read more on this in the Legal practice (Pravna praksa) magazine, year 2017, issue no. 2 of 19.1.2017, also available at www.pravnapraksa.si or www.iusinfo.si (paid access).
A PURCHASE AT A PUBLIC AUCTION IS NOT ALWAYS FAVOURABLE FOR THE MORTGAGE CREDITOR
ARTICLE, November 2016
The creditor whose receivable is mortgage backed may usually be paid from the proceeds from the sale of the mortgaged property. The law stipulates that the creditor may buy the real property themselves? Caution is advised here as the law stipulates that the preferential receivables are paid first, even though the mortgage creditor is entered as the first creditor. Find out more in the article published in the Finance newspaper, 11 November 2016, p. 12. Also available online at: http://www.finance.si/8851120/Nakup-na-javni-drazbi-za-hipotekarnega-upnika-ni-vedno-ugoden-nakup (paid access).
INVESTMENTS AND THE USE OF FUNDS OF THE RESERVE FUND
ARTICLE, June 2016
When making the investment the building manager may not “distribute” the funds collected in the reserve fund among all condominium owners, including those who have not made payments to the reserve fund (thereby covering their parts of obligations). Although the reserve fund represents a common asset of condominium owners, the shares within it are specified. Read more on this in the Legal practise magazine, year 2016, issue 25-26, p. 19, also available at www.pravna or www.iusinfo.si (paid access).
WRITE-OFF OF RECEIVABLES FROM THE RESERVE FUND
ARTICLE, June 2016
May the building manager write off the receivable payable to the reserve fund which it failed to collect from the condominium owner? You can read all about when and under what conditions can this be done, in the Legal practise magazine, year 2016, issue 19, p. 21, also available online at www.pravnapraksa.si or www.iusinfo.si (paid access).
COLLECTION OF DEFAULTED PAYMENTS PAYABLE TO THE RESERVE FUND IN THE CASE OF PERSONAL BANKRUPTCY
ARTICLE, May 2016
Bankruptcy was initiated against a condominium owner. The building manager registered a receivable which was not paid. What is left for the condominium owner? Read more on this in the Legal practise magazine, April 2016, issue 18, p. 19, also available at www.pravnapraksa.si or www.iusinfo.si (paid access).
LIABILITY OF THE NEW OWNER FOR THE DEBTS OF THE PREVIOUS OWNER
ARTICLE, March 2016
Is the new owner of an apartment in an apartment building who bought the apartment from the previous owner, liable for the expenses related to the apartment which the previous owner has not settled? You can read more on this in the Legal practise magazine, March 2016, issue 12-13, p. 25, also available at www.pravnapraksa.si or www.iusinfo.si (paid access).
Empty apartment and costs
ARTICLE, December 2015
Even though the apartment is empty and the current owner is unknown, referring to this there arise the costs incurred, and the manager shall be liable to charge and also collect them. More about this in Pravna praksa No. 45-46, p. 27, November 2015, accessible also at www.pravnapraksa.si or www.iusinfo.si (payable access).
Lease of common premises
ARTICLE, October 2015
In leasing common premises, especially when there is about a business building, there are in practice quite a few problems. Learn how to overcome them in Pravna praksa No. 29-30, p. 27, October 2015, accessible also at www.pravnapraksa.si or www.iusinfo.si (payable access).
Register title to floor ownership in case of an investor termination
ARTICLE, July 2015
In practice, the problems exist when in a multiple dwelling or business buildings the investor is registered as the co-owner, but it no longer exists. How in this case to establish the floor ownership?
More in Pravna praksa No. 28, p. 18, July 2015, accessible also at www.pravnapraksa.si or www.iusinfo.si (payable access).
Association of floor owners as a client in proceedings
ARTICLE, January 2015
Current legislation does not recognise any special status to the floor owners Association. In order to protect the interests and (co-)ownership rights of floor owners, there should be allowed that this Association can participate in the proceedings before the courts - that can sue and be sued. Until the system regulation of this issue, its participation in the specific litigations can be allowed by the institute of granted legal standing pursuant to the provisions of Article 76/3 of the CPA.
More on this in the article "Can the Association of floor owners be a party in proceedings?" Pravosodni bilten, 2015, vol. 36, [No.] 2, pp. 11-23.