Risks and legal situations
Owners' association (SVJ)
In Czech: SVJ - společenství vlastníků jednotek
An owners' association (SVJ, společenství vlastníků jednotek) is a legal entity that flat owners set up to manage the building and its land. It must be formed in a building with at least five units, at least four of them owned by four different owners.
Also called: SVJ, homeowners' association, owners' association, společenství vlastníků
What it means
When you buy a flat in personal ownership (osobní vlastnictví), you are not buying just the flat. A unit (jednotka) comprises the flat as a spatially separate part of the building plus a share in the common parts of the property, such as the roof, staircase, facade or land (§ 1159 of the Civil Code, občanský zákoník).
The owners look after the common parts together through an owners' association, the společenství vlastníků jednotek, or SVJ for short. It is a legal entity formed to manage the building and its land (§ 1194). Membership is tied to owning a unit.
How it works in the Czech Republic
Unit owners must form an SVJ in a building with at least five units, at least four of which belong to four different owners (§ 1198). The SVJ is governed by its articles (stanovy); the assembly of owners (shromáždění) decides important matters and a statutory body, such as a committee (výbor), handles day-to-day management.
Owners contribute to the management of the building and land, usually through monthly payments into a repair fund (fond oprav), and also pay advances for services (zálohy na služby). The SVJ approves the contributions, so they may change over time, for example before a planned renovation.
An SVJ may also have its own obligations, such as a loan for insulation or a new lift, repaid from the owners' contributions. For a buyer, the SVJ's finances and plans are therefore as important as the condition of the flat itself.
Practical example
For example, a buyer considering a 2+kk flat in a panel block gets the SVJ articles, minutes of the last two assemblies and a confirmation that the seller owes the SVJ nothing. The minutes show the building plans to replace its risers and the repair fund contribution is to rise, say from CZK 20 to CZK 30 per square metre (illustrative figures only). The buyer factors this into the budget and the price negotiation.
What to watch out for
- Ask for the SVJ articles and the minutes of recent assemblies.
- Ask for the SVJ's confirmation that the seller owes nothing in contributions or advances.
- Find out whether the SVJ is repaying a loan or planning a major repair, and how that affects contributions.
- Ask about the balance of the repair fund and who manages the building.
- Check which parts of the building are common and which belong to the flat, such as a balcony or cellar.
Frequently asked questions
Does every building have to have an SVJ?
No. The duty applies to buildings with at least five units, at least four of which belong to four different owners (§ 1198 of the Civil Code).
Do I become an SVJ member when I buy a flat?
Yes. Membership is tied to owning a unit in a building where an SVJ exists.
How is an SVJ different from a housing cooperative?
In an SVJ each member owns their unit. In a cooperative (bytové družstvo) the cooperative owns the building, and a member holds a cooperative share with the lease of a flat.
Sources
Laws and official pages this text is based on (in Czech).
- Občanský zákoník - Bytové spoluvlastnictví, obecná ustanovení (§ 1158-1162) - mesec.cz (Internet Info)
- Občanský zákoník - Společenství vlastníků - mesec.cz (Internet Info)
- Zákon o obchodních korporacích - Díl 2 Bytové družstvo - businesscenter.podnikatel.cz (Internet Info)