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Power-of-attorney

What is a Power of Attorney?

 

A future power of attorney is a legal document that ensures that a selected person (proxy) can act on your behalf if you lose the ability to make decisions yourself at some point in the future. This may be due to illness, dementia or other conditions that affect you mentally or physically.

 

A future power of attorney is therefore a very important document that ensures your future security and peace of mind.

 

Be sure to set one up in good time and get it registered correctly to avoid future worries.

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Buying an Owner-Occupied Apartment

When purchasing an owner-occupied apartment, the Owner-Occupied Apartment Act (Ejerlejlighedsloven) serves as the fundamental legal framework for all current and prospective apartment owners. This law regulates various aspects of apartment ownership, from property division to the rights and obligations of owners and owners' associations. Below is an overview of the most important elements of the law:

1. Owners' Association (Ejerforeningen)

The owners' association is a mandatory community comprising all apartment owners within a building. Its purpose is to manage shared concerns, including the maintenance of common areas and administration of the property.

  • Membership: All apartment owners are automatically members of the owners' association.

  • General Meetings: Major decisions are made at general meetings, where all owners have voting rights.

  • Maintenance: The owners' association is responsible for maintaining common areas, such as stairwells, roofs, facades, and shared grounds.

2. Rights and Obligations

As an apartment owner, you share ownership of the property’s land and common areas with other owners. The law ensures that decisions made by the owners' association are fair and do not grant certain owners undue advantages at the expense of others.

  • Property Rights: All owners have a proportional share of the land and common areas.

  • Decision-Making: Decisions are made democratically at general meetings.

  • Fair Distribution: The law safeguards a balanced distribution of rights and responsibilities among all owners.

3. What Do Apartment Ownership Costs Cover, and Why Are They Necessary?

Owning an apartment involves recurring expenses tied to the property's operation and maintenance. These ownership costs cover critical areas to ensure the property remains functional, safe, and compliant with legal requirements.

What Ownership Costs Cover:

  • Property Tax: A mandatory tax based on the property’s land value, collected by the municipality. It contributes to public expenses, such as roads and infrastructure.

  • Common Expenses to the Owners' Association: These fund the maintenance of shared areas (e.g., stairwells, roofs, facades, and green spaces) and often include insurance and operational costs like electricity and heating for shared facilities.

  • Property Insurance: Protects the property against damage from fire, storms, and other unforeseen events.

  • Maintenance Contributions: A reserve fund managed by the owners' association to cover future maintenance projects.

  • Additional Expenses: These may include fees for waste management, water drainage, pest control, and contributions for shared services like internet or cable connections.

Why Are Ownership Costs Necessary?

These expenses are essential to ensure the property and its shared facilities remain in good condition. Regular maintenance helps preserve the property’s value, while neglect can lead to significant deterioration and disputes among owners. Ownership costs also fulfill mandatory obligations, such as property tax, which is required by law.

 

4. The Standard Statutes (Normalvedtægt)

The Standard Statutes set forth by the Minister for Housing govern the operations of the owners' association and the collective responsibilities of apartment owners. These statutes can only be deviated from through valid decisions registered with the property registry (tinglysning).

  • Regulation: The statutes outline rules regarding general meetings, board responsibilities, voting procedures, and maintenance responsibilities.

  • Deviation: Changes to the standard statutes require registered decisions made by the owners' association.

5. Penalties and Exclusion

The owners' association has the authority to impose penalties for gross negligence or repeated breaches of obligations. In severe cases, an owner may even be excluded from the association.

  • Penalties: Fines can be imposed for failure to fulfill obligations.

  • Exclusion: In extreme cases of gross misconduct, an owner may be excluded from the association.

Why Choose Jurateam as Your Legal Advisor?

Navigating the complexities of apartment ownership and the legal requirements can be challenging. At Jurateam, we offer expert guidance tailored to your needs. Our deep knowledge of property law and experience in real estate transactions make us the ideal partner for ensuring clarity, security, and success in your property purchase.

What We Offer:

  • Expertise: Comprehensive knowledge of the Owner-Occupied Apartment Act and property law.

  • Experience: Extensive experience in advising clients on real estate transactions.

  • Insightful Guidance: Our advice is grounded in careful analysis, legal insight, and a deep understanding of the property market.

  • Holistic Approach: We combine legal expertise with financial acumen and a focus on positive client outcomes.

Let Jurateam help you navigate the legal aspects of apartment ownership and protect your interests throughout the process. With our assistance, you can feel confident and secure in your real estate decisions.

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Jurateam har professionel ansvarsforsikring hos

TPH Specialty ApS,

Strandagervej 11,

2900 Hellerup.

​Tlf. 50 55 10 60

kira@jurateam.com

cvr.nr. 26668956

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