In brief
A multi-unit building in Romania is managed by an owners' association (asociație de proprietari) under Law 196/2018, which collects monthly maintenance charges and a contribution to a repair fund. Under Article 33 of the law, the notary signs the sale of an apartment only against a certificate from the association on the status of debts, valid for 30 days, and an existing debt passes to the buyer only if the buyer has expressly agreed to it. Therefore the certificate, the land register extract and the association's minutes are checked before signing.
Key takeaways
- 1Law 196/2018 applies to a multi-unit building with at least three units, and the association is run by a general assembly, an executive committee, a president, an auditor and a certified administrator.
- 2The notary signs only against a numbered and dated certificate from the association, valid for 30 days, signed by the administrator and the president (Article 33).
- 3If there is a debt, the sale is signed only when the buyer expressly agrees to take it on. A sale without these conditions may be annulled (Article 33(4)).
- 4The association has a statutory mortgage on an apartment with unpaid maintenance charges, which is registered in the land register and removed within 10 days of payment (Article 80).
- 5Late payment penalties are limited to 0.2% per day, only after 30 days, and in total no more than the debt itself (Article 77).
Anyone who buys an apartment in Israel knows the building committee mainly as a monthly payment. In Romania, the equivalent body is an owners' association (asociație de proprietari), and it has a much stronger legal standing: it can register a mortgage on the apartment of an owner who has not paid, and the notary will not sign a sale without a certificate from it. In other words, the apartment's financial position towards the building is part of the transaction.
This guide deals with three questions every buyer of an apartment in Romania should ask: who manages the building, which of the seller's debts may pass to you and how to prevent this, and how much it costs to live in the building each month.
When does the owners' associations law apply to the apartment you are buying?
Law 196/2018 governs the management of multi-unit buildings with at least three units. Many of its rules, on the repair fund, the allocation of expenses and the sale, assume that an association exists. Even where there is no association, the law does not waive the check on a sale: the seller must give a declaration and present proof of payment before the notary.
The notary signs only against a numbered and dated certificate from the association, valid for 30 days, signed by the administrator and the president (Article 33).
Who makes the decisions in the building?
| Body | Role | Articles of Law 196/2018 |
|---|---|---|
| The general assembly | All the owners. Elects and dismisses the office holders, approves the statute, the budget and decisions on repairs | 45, 53 |
| The executive committee | Manages the association between assemblies, proposes the annual repair fund and appoints the administrator | 45, 63, 71 |
| The president | Represents the association, signs its documents and must respond to an owner's written complaint within 10 days | 45, 57 |
| The auditor (cenzor) or audit committee | Checks the accounts | 45 |
| The administrator (administrator) | A person or a company. Responsible for technical maintenance, bookkeeping and the cash. Must hold a certificate from the mayor and a criminal record free of economic offences | 63, 64 |
Two details useful to a buyer: the administrator's certificate must be posted on the building's notice board (Article 64(8)), and decisions of the assembly that contravene the law or the statute, or that harm the owners' interests, can be challenged in court (Article 52).
Do the seller's debts to the association pass to you?
Not by surprise. Article 33 of the law is built so that the debt, if it exists, appears on paper before signing. These are the stages:
- The seller proves payment. The seller must show that the maintenance charges to the association and the utility bills have been paid to date.
- The association issues a certificate. The certificate is numbered, dated, valid for 30 days, signed by the administrator and the president and bears the association's stamp. It states that everything has been paid, or how much is still owed.
- If there is no functioning association. Where there is no association, or it has no president and administrator, the seller gives a declaration that is included in the deed and presents the latest bill, no older than two months, with proof of payment.
- If there is a debt. The notary signs only if the buyer expressly agrees to take on all the seller's debts to the association and to the utility providers.
- If the check was skipped. A sale signed without these conditions may be annulled (Article 33(4)).
In addition, the seller must hand the buyer the documents affecting the rights and obligations attached to the apartment, including the energy performance certificate (Article 33(5)).
A debt to the association can appear as an amount in the association's certificate, as a clause in the deed in which the buyer takes on the debt, or as a statutory mortgage in the land register extract. Read all three. If the debt appears in any of them, the price and the payment should reflect it.
What happens when an apartment owner does not pay?
It is worth knowing the association's tools as a buyer too, because they explain why an old debt does not disappear:
| Stage | What the law provides | Article |
|---|---|---|
| Late payment penalty | Only after 30 days from the due date, up to 0.2% per day, and never more than the debt itself | 77(1) |
| Notice | The administrator notifies the owner in writing and informs the president and the committee | 78(1) |
| Lawsuit | After more than 60 days from the due date, or 90 days from publication of the payment list, without a court fee | 78(2), 78(3) |
| Statutory mortgage | On the apartment, for unpaid maintenance charges. Registered in the land register at the president's request | 80(1), 80(3) |
| Removal | Once the debt has been paid, the president must remove the mortgage within 10 days | 80(4) |
The implication for the buyer: if the extract shows a mortgage in favour of the association, require that the debt be paid and the mortgage removed as part of the transaction, or that the amount be deducted from the price in an orderly way in the deed.
How much does it cost to live in the building: what does the “maintenance” payment include?
Each month the association publishes a payment list called întreținere (maintenance). It allocates the running expenses among the apartments according to the methods in Article 75:
- Per person: expenses that depend on the number of people living or working in each unit.
- By consumption: water, hot water and heating, according to meters or cost allocators, where billing goes through the association.
- By share in the common property: repairs and maintenance of the roof, facade, stairs and systems, according to the usable area of each apartment.
- By recipients of the service: services used only by some of the owners.
The law preserves a fair allocation. An apartment owner is not exempt because they do not use part of the common property (Article 75(4)), and decisions of the assembly that contradict the allocation rules are void (Article 75(3)). The only exception: the assembly may exempt ground-floor and first-floor apartments from the lift's electricity (Article 75(5)). The amount must be paid within 30 days at most from the date the list is published (Article 77(2)).
What is the difference between the repair fund and the working capital fund?
- The repair fund (fond de reparații). The owners approve it every year, and it is collected in advance in equal monthly instalments. It may be used only for strengthening the building, thermal insulation, improving the architecture and surroundings, and repairing and improving the common property (Article 71(2)). Income from the common property, such as rent for a common area, also goes into it and is not distributed to the owners (Article 70).
- The working capital fund (fond de rulment). An amount covering one month of running expenses, which each apartment owner pays in advance (Article 72(1), 72(3)). On a sale it is refunded to the seller, unless the sale contract provides otherwise (Article 72(5)).
A low balance in the repair fund of an old building, alongside major works in the minutes, may hint at a special levy in the future. In Bucharest buildings classified in seismic risk categories, this question is particularly important.
Checklist before buying an apartment in a multi-unit building
- Ask the seller for the association's certificate already at the negotiation stage, not only on the day of signing, and compare it with the last three payment lists.
- Order a current extract from the land register and look for a statutory mortgage in favour of the association.
- Ask for the minutes of the last general assembly and the annual budget: planned works, the repair fund balance and a renovation loan, if any.
- Check who the administrator is, and that their certificate is posted on the notice board.
- Ask what the monthly payment includes: heating and hot water through the association, or direct billing by the provider.
- Set out in the contract who refunds the working capital fund to the seller and who pays the current month.
What should you do before signing?
Before submitting a final offer, you should have in hand the association's certificate, a current extract, the latest minutes and the budget. They tell you how much the building will cost you, and what it may ask of you later. We accompany Israeli buyers through this review together with licensed lawyers and notaries in Romania, who draw up the deed and carry out the registration in the land register under local law.
This article is general information, current as of October 2026, and is not legal advice for a specific case. Each association's statute and decisions add rules of their own. Before a purchase, it is advisable for a local lawyer to check the documents of the specific building and apartment.
Frequently asked questions
Can the seller's debts to the building association in Romania pass to me?
Only if they appear on paper and you agree to them. Under Article 33 of Law 196/2018, the notary needs a certificate from the association on any debt, and if there is a debt the sale is signed only with the buyer's express consent to take it on. In addition, the association can register a statutory mortgage that appears in the extract.
How long is the association's certificate for the sale of an apartment valid?
30 days. The certificate must be numbered and dated, signed by the administrator and the president and bear the association's stamp.
What are “maintenance” charges in Romania?
The owners' association's monthly payment list: each apartment's share of the running expenses, per person, by meters or by share in the common property, plus the contribution to the repair fund. Payment is due within 30 days at most from the date of publication.
How much may the association charge as a late payment penalty?
Up to 0.2% per day, only after 30 days from the due date, and total penalties may not exceed the debt itself (Article 77 of Law 196/2018).
What happens to the working capital fund when an apartment is sold?
Under Article 72(5), it is refunded to the seller, unless the sale contract provides otherwise. It is therefore advisable to state in the contract whether the buyer pays it to the seller.
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The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.