Points of view on the possibility of concluding a mandate agreement for the performance of the activities of the owners' associations and its effects

• Author: Andreea Stoican
• Pages: 159-166

POINTS OF VIEW ON THE POSSIBILITY OF CONCLUDING A MANDATE

AGREEMENT FOR THE PERFORMANCE OF THE ACTIVITIES OF THE OWNERS’

ASSOCIATIONS AND ITS EFFECTS

PhD Student Andreea STOICAN

1

Abstract

Law no. 230 of July 6th, 2007 on the set up, organization a nd opera tion of the owners' a ssociations, as well

as its enforcement guidelines of December 19th, 2007 for the implementation of Law no. 230/2007, although they

seem quite broadly regulated, they are not clear enough, not even to this moment of implementation, regarding some

issues emerging in practice, generating a mbiguities in the application of t heir provisions especially rega rding the

assessment of the manner of remuneration of the persons carr ying out activities in those associations. Or , even more

since the entering into effect of the new Civil Code in October 2011, ther e is the issue of finding and understanding

which the best solutions ar e for the owners' associa tions regarding the remunera tion received by their members, as

well as the consequences of concluding a certain type of agreement over another.

Keywords: owners’ association, chairman, executive committee, mandate agreement, remuneration.

JEL Classification: K12

Foreword

An owners' association is a type of association regulated by Law no. 230 of July 6th,

2007

2

and by the Enforcement Guideline of December 19th, 2007 for the implementation of Law

no. 230/2007

3

, which has its own autonomy, own method of set up and organization and it

represents the common interests of the owners of a condominium.

Thus, the owners’ association is a non-profit legal entity, which has as main activity the

administration and management of the common property which entails certain rights and

obligations for all the owners.

4

The current legislation in this area, although it seems broadly regulated, it is not clear

enough, not even to this moment of implementation, regarding some issues emerging in practice,

generating ambiguities in the application of its provisions especially regarding the assessment of

the manner of remuneration of the persons carrying out activities in those associations.

Considering the fact that as of October 2011 the new Civil Code entered into effect, there is the

pressing need to understand, which the best solutions are for the owners' associations regarding

the remuneration received by their members, as well as, the consequences of concluding a certain

type of agreement over another.

Thus, this paper aims to highlight the possibility, but especially the importance, of

concluding a mandate agreement for the performance of the activities of the owners’ associations,

and shall analyze the following aspects:

1. General overview of the manner of set-up of the owners’ association;

2. The possibility of concluding of a mandate agreement within the owners’ associations;

1

Andreea Stoican, Bucharest University of Economic Studies, andreeastoican@yahoo.co.uk

2

Published in the Romanian Official Journal no. 490 of July 23rd, 2007 and amended by Law n o. 175/2010, published in the

Romanian Official Journal no. 502 of July 20th, 2010

3

Published in the Romanian Official Journal no. 43 of January 18th, 2008

4

Vasile Moroşan, Raul Moroşan, Asociaia de proprietari. Ghid practic. Legea 230/2007. Norme privind organizarea şi

funcionarea asociaiilor de proprietari. Legea locuinei. Reabilitarea termic. Fiscalitate. Contabilitate. Jurispruden, Nicora-

Moroşan Publishing House, Bucharest, 2010, p. 155