A notary signs the sale of a flat only with the association's certificate on debts, valid 30 days, signed by the administrator and president (Law 196/2018, Art. 33).
The association may charge at most 0.2% a day, only after 30 days from the due date, and total penalties may not exceed the debt (Art. 77).
The association has a legal mortgage on a flat with arrears. Once paid, the president must remove it within 10 days (Art. 80).
Owners' associations in Romania: the short answer
When you buy an apartment in Romania, you also join the building. Under Law 196/2018, a condominium of at least three units is run through an owners' association (asociație de proprietari). Its general assembly elects a president, an executive committee and an auditor, and it hires an administrator who must hold a certificate issued by the mayor.
Every month the association posts a payment list, known as întreținere: your share of the building's running costs, plus contributions to a compulsory repair fund. The law gives the association strong tools to collect. It has a legal mortgage over each flat for unpaid contributions, and a notary will not sign the sale of a flat without a certificate from the association showing what the seller owes. If there is a debt, the sale goes ahead only if the buyer expressly takes it over.
In plain words: the building's books are part of the flat you are buying. Read them before you sign.
For the wider picture of buying a flat, prices, cities and the process, see our guide to buying an apartment in Romania. For villa communities, where the same law can apply, see gated community fees.
Who runs the building
| Body | Role | Article |
|---|---|---|
| General assembly | All owner members. Elects and removes the president, committee and auditor, adopts the statute, the budget and decisions on repairs | Art. 45, 53 |
| Executive committee | Runs the association between assemblies; proposes the yearly repair fund; appoints the administrator under the assembly's mandate | Art. 45, 63, 71 |
| President | Represents the association, signs its documents, must answer owners' written complaints within 10 days | Art. 45, 57 |
| Auditor (cenzor) or audit committee | Checks the accounts | Art. 45 |
| Administrator | A person or a specialised company; handles technical upkeep, accounting and cash. Must hold a certificate issued by the mayor and a clean criminal record for economic offences | Art. 63, 64 |
Decisions of the assembly that break the law or the statute, or harm owners' interests, can be challenged in court (Art. 52).
What you pay every month
The monthly list splits costs by method, set out in Article 75:
| Type of cost | How it is split | What it covers |
|---|---|---|
| Per person | By the number of people living or working in each unit | Costs that depend on how many people use the building |
| Individual consumption | By meters or heat-cost allocators | Water, hot water, heating where billed through the association |
| Per share of common property | By each flat's share, based on its usable area | Repairs and upkeep of roof, façade, stairs, installations |
| Per beneficiary | Individual services of some owners, managed through the association | Services only some owners use |
| Technical consumers and other | By technical consumers, or other costs | As set out in the law and the statute |
Two rules protect the fairness of the split. No owner is exempt because they do not use part of the common property (Art. 75(4)). And assembly decisions that break the legal rules on splitting costs are void (Art. 75(3)). One exception: the assembly may exempt ground-floor and first-floor flats from the lift's electricity (Art. 75(5)).
Payment terms. Contributions posted on the monthly list are due within at most 30 calendar days of posting (Art. 77(2)).
Two funds every association must have
The repair fund (fond de reparații). Owners must approve a yearly repair fund, collected in advance in equal monthly instalments. It may be used only for strengthening the building, thermal rehabilitation, improving its architecture and environment, and repairing or improving common property (Art. 71(2)). Income from common property, such as rent for a common space, also goes only into the repair fund and is not paid to owners (Art. 70).
The building's books are part of the flat you are buying. Read them before you sign.
The working-capital fund (fond de rulment). Enough to cover one month of the building's running costs, paid in advance by each owner (Art. 72(1), (3)). When you sell, it is returned to you, unless the sale contract says otherwise (Art. 72(5)). Agree in the contract whether the buyer refunds it to the seller.
For buildings in Bucharest's seismic risk classes, the size of the repair fund says a lot about how ready the owners are. See earthquake risk in Bucharest.
When owners do not pay
| Step | Rule | Article |
|---|---|---|
| Penalties | The association may set its own penalties: at most 0.2% a day, only after 30 days from the due date, and never more than the debt itself | Art. 77(1) |
| Notice | The administrator notifies the owner in writing and informs the president and committee | Art. 78(1) |
| Court | The association may sue after more than 60 days from the due date, or 90 days from posting the list; no court fee | Art. 78(2), (3) |
| Legal mortgage | The association has a legal mortgage over the flat for unpaid contributions, registered in the land register at the president's request | Art. 80(1), (3) |
| Removal | Once the debt is paid, the president must remove the mortgage within 10 days | Art. 80(4) |
How the debt follows the flat
Article 33 is the rule every buyer should know:
- The seller must prove payment up to date of contributions to the association and of utilities.
- The notary signs only with a certificate from the association, numbered, dated, valid for 30 calendar days, signed by the administrator and the president, with the association's stamp. It states that contributions are paid, or the amount still owed.
- If there is no association, or it has no president and administrator, the seller gives a sworn statement, mentioned in the deed, and shows the last invoice, not older than 2 months, with proof of payment.
- If there are debts, the notary signs only if the buyer expressly accepts to take over all the seller's debts to the association and to the utility providers.
- A sale signed without these conditions can be annulled (Art. 33(4)).
- The seller hands over the documents that affect the flat's rights and obligations, including the energy performance certificate (Art. 33(5)).
So the debt does not follow the flat by surprise. It follows it on paper: as a figure in the certificate, as a clause you accept in the deed, or as a legal mortgage on the land register extract. Your job is to read all three.
Checklist before buying a flat
- Ask the seller for the association certificate early, not only on signing day, and compare it with the last three monthly lists.
- Read the land register extract for a legal mortgage in favour of the association. See the land register extract.
- Ask to see the last general assembly minutes and the yearly budget: planned works, the repair fund balance and any loan for rehabilitation.
- Check who the administrator is and that the certificate is posted on the notice board, as the law requires (Art. 64(8)).
- Ask what the monthly list includes: heating and hot water through the association, or billed directly.
- Agree in the contract who refunds the working-capital fund and who pays the current month.
- Have your own lawyer read the certificate and the draft deed. See choosing a lawyer for your purchase.
Frequently asked questions
Is an owners' association compulsory in Romania?
Law 196/2018 governs associations in condominiums of at least three units, and many of its rules, on the repair fund, costs and sales, assume one exists. Where there is no association, the law still requires the seller to give a sworn statement and proof of payment at the notary.
What is întreținere in Romania?
The monthly payment list of the owners' association: each flat's share of the building's running costs, split by people, by meters or by share of common property, plus the repair fund instalment. It is due within at most 30 days of being posted.
Can I inherit the seller's debts to the association?
Only on paper you can see. The notary needs a certificate from the association stating any debt. If there is one, the sale is signed only if you expressly accept to take it over. The association can also register a legal mortgage on the flat, visible on the land register extract.
How much can the association charge as late penalties?
At most 0.2% a day, only after 30 days from the due date, and the total penalty can never exceed the debt it is applied to (Law 196/2018, Art. 77).
What is the repair fund used for?
Only for strengthening the building, thermal rehabilitation, improving its architecture and environment, and repairing or improving common property. Owners must approve it every year, and it is collected in equal monthly instalments.
The bottom line
In a Romanian apartment building, the association is the landlord of everything outside your front door. The law gives it strong tools, and it gives the buyer clear protection: a certificate, a notary's check and the land register.
Before you sign, ask for the certificate, the minutes and the budget. They tell you what the building will cost you, and what it might ask of you.
If you want to go through a building's papers before an offer, book a 30-minute call with me.
Moti Azulay, Compass Group Romania
Sources: Law 196/2018 on owners' associations and the administration of condominiums, consolidated form (legislatie.just.ro), Art. 1, 33, 45, 52, 53, 57, 63, 64, 70 to 72, 75, 77, 78 and 80
This article is for general information only and is not legal advice. The rules are correct as of 22 October 2026. Each association's statute and decisions add their own rules; consult an independent lawyer before you buy.
Now you know more.
This article is general information, not legal, tax or financial advice. Consult local professionals before any transaction.
