LEGAL NEED TO RENEW THE OPERATION OF THE APPOINTED MANAGER INSTITUTE IN THE “LAW ON ADMINISTRATION OF RESIDENTIAL HOUSES”

Abstract

The institute of residential houses appointed administrator existed in Latvia till the moment when the Parliament of the Latvian Republic on 19 December, 2013, in the 3rd reading made a decision to completely exclude such institute from the law. These changes took effect on 15th of January 2014 and for almost two years the institute of residential houses appointed administrator does not exist. The appointment of such an administrator was envisaged in the case when owners were not able to manage their property properly thus creating the threat for a human life. The appointment could have been initiated by persons, whose rights were violated, or by an institution which competency it was to supervise the fulfi llment of governmental regulations and the order which controlled the process of residential houses management. Because these duties are handled by municipalities, they have rights to appoint for such a house an administrator. The objective of residential houses appointed administrator was to eliminate the existing or possible threat for the house by a certain date and to maintain management in the order specifi ed by the Law jn Administration of Residential Houses. The owners or apartments and/or tenants had to compensate all loss associated with repair and house management. The cancellation of the residential house appointed administrator institution was related to the fact that this institution had not been properly applied thus not practical from the legislator’s point of view. However, the problems related to the demolition of houses or prevention of such actions have not been resolved and are still of immediate interest. The goal of this paper was to examine the need to resume the operation of the institution of the residential house appointed administrator, and make relevant conclusions. The author of the paper compares different opinion on the subject.