The procedure during debt recovery

To download the document recovery here: Recovery procedure (new one from the year 2017, in Czech language)

Of unit owners of a residential building – housing Petržílkova ,
based Praha 5 , Stodůlky , Petržílkova 2705, Postal Code 158 00 ( SVJ )

procedure for the recovery of claims against members of the unit owners ( Owners)

The object of the procedure is debt recovery of Owners, in particular those arising due to:

A. advance payments for services related to the use of units

B. payment of arrears billing these services, which is conducted annually

C. respectively . one-time exceptional contributions of individual members of the Community to fund repairs , which will be used for necessary repairs of the common parts of the house and which are approved by the Assembly Condominium Condominium

The emergence of the first claim

a) an advance payment for services related to the use of units to be paid as prescribed reimbursement of advances, which sends members of the condominium administrator so that for a given month credited on behalf of the condominium No. 2104400753/2700 , the variable symbol , which is the unit number before the slash indicated in the land as a constant symbol 0308 the 15th day of the month .

b ) Payment of arrears billing services by sending billing administrator payable under the Articles of OA (Article XVII , Section 2) within 7 calendar months (ie to 7.31 ) after the billing period to account by the condominium guidelines referred to in point a) .

c ) Pay the one-time exceptional contributions to be paid by the call controller in accordance with the conclusions of the Assembly of the condominium and the procedures described in point a)

The claim arises when members of the Community to pay his obligation within the deadline . After that, the approach to enforcement.

Solution # 2 claims

If the unit owner overpayment occurs during the annual billing services associated with the use of the unit , this overpayment retained and used for partial payment of claims against the condominium .

a) first reminder sent to administrator immediately upon discovery of the debt to the email address of a debtor appear in the transmission unit or communicated to managers in another way . Manager will require the e -mail notification of delivery and read receipts . If it is not possible to electronically deliver the call is sent by post to the address given in units of the debtor in the land and the address of the unit . The address of the unit delivered to the trustee dropping into mailboxes which belong to the unit .

b ) second reminder sent to the administrator in the non-payment of debt , and the 15th day after sending the first reminder . The second reminder is sent by registered mail to the address given in units of the debtor in the land , dropping into mailboxes and even e-mail, if available, e – mail address of the debtor . Manager will require again in the e -mail notification of delivery and read receipts . The reminder states that if the borrower fails to pay within 10 days after receiving the reminder , the debt will be passed on to law enforcement office (AK ) , with the debt will be increased by interest on late payment of legal fees and costs and the recovery of the debt. The reminder will indicate that the unit is placed under lien burden in the form of a preliminary injunction the court to the inability of the owner to drive freely.

c ) Legal enforcement started after the exhaustion of the previous enforcement resources . Manager sends the documents to the committee members for legal enforcement . Any suggestions debtor to settle the proceeds condominium administrator Committee for decision. The decision the Vice Chair of the condominium administrator. Consent to the legal enforcement grants committee condominium . After informed consent Vice Chair of the condominium administrator to forward the relevant documents law firm.

The documents must undoubtedly be identified , including

– Amounts receivable in the current year , indicating the months for which the debt was incurred , the past years, the final amount of the bill
– With the exact specifications of the apartment, including copies already sent reminders.
– Identification of unit owner or . company that is authorized to represent the

Once a month, on the last day of the calendar month, send the administrator the members of the committee and the supervisory board, the current status of debt over CZK 1,000 per unit in a structure: identification of the unit , the owner’s name , the amount of debt and the monthly breakdown of the current year , in previous years, the total amount for each year and state enforcement ( 1st or 2nd notice , for judicial enforcement)

The procedure for recovery of debts was approved at the committee meeting on 7 November 2012 and the condominium is valid and effective from the date of 7 November 2012 .

 Ing.Josef Valchář V.R. and lawyer . Jana Šikulová V.R.

 Committee Chairman and member of the condominium