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Universul Juridic magazin

The privilege of the house owners’ association and the manner in which the amounts obtained from enforcement are distributed, when there is a concurrence between this privilege and the real estate mortgages

The privilege of the house owners’ association goes ahead the real estate mortgage; therefore, all the claims of the house owners’ association should be paid at this rank (the claim resulting from the utility, penalties, court fees and enforcement fees not being in the common interest of the creditors). The registration date of the privilege in the land book is not relevant. The registration of the privilege of the house owners’ association shall not confer the rank of this privilege; however, it only preserves it. Therefore, the fact that both the real estate mortgage of another creditor, as well as the writ of enforcement issued by the judicial bailiff is registered in the land book of the respective estate on the issue date of the request of the association has no relevance on the rank of the privilege of the house owners’ association. The prior registration of a mortgage may be opposed against a house owners’ association only in relation to the claims by way of utility expenses that are older than more than 3 months prior to the registration of the mortgage.