The owners’ association. Opening the insolvency proceedings. Admissibility

LITIGII CU PROFESIONIŞTI

Abstract

According to Article 2 letter d) and Article 3 of Law no. 196/2018, the purpose of establishing the owners' association is to maintain the legal personality of this subject of law, for the entire period necessary for the administration of a condominium, if the requirement is met that its component areas belong to different owners. The owners 'association does not have any economic purpose or to earn income, since it is established on a non-profit basis, but aims only the legal, coherent exercise of the property right over the owners' goods, areas under exclusive property and common areas. 
The fact that the association also has pecuniary obligations (expenses regarding the operation, repair, maintenance, modernization, rehabilitation of the common property, as 
well as the expenses with the services that the owners benefit from and that are not invoiced to them individually), does not justify the applicability of the insolvency procedure on this subject of law, in the context in which the purpose of its establishment is 
not professional, much less economic, but it is related to the existence of the condominium, respectively to ensure the possibility of exercising the owners' rights.