Den 1.januar 2018 trådte den nye eierseksjonsloven  i kraft. Loven erstatter tidligere eierseksjonslov av 1997, og innebærer på mange punkter en videreføring av denne. Den nye loven innfører likevel flere materielle og språklige endringer, og tar særlig sikte på å styrke hensynet til forbrukerne.

Det følger av overgangsreglene i lovens § 67 at avtaler eller bestemmelser som er i strid med den nye loven, opphører å gjelde senest ett år etter at loven trer i kraft. Dette medfører at sameiets vedtekter og husordensregler må endres senest innen 1.januar 2019 dersom de er i strid med lovens bestemmelser. Vi anbefaler alle eierseksjonssameier å gjennomgå vedtekter og husordensregler grundig i god tid.

Det kan også være en fordel å foreta en språklig revisjon av vedtekter og husordensregler, slik at begrepene som brukes samsvarer med lovens terminologi. I dette innlegget gir vi en kort oversikt over praktisk viktige endringer i loven.

Den nye eierseksjonsloven viser til plan -og bygningsloven på flere punkter, og innfører blant annet et vilkår om at seksjonering til bolig bare kan skje dersom søkeren kan dokumentere at seksjoner angitt i søknaden er lovlig etablerte boenheter slik plan- og bygningsloven definerer dette.

Noen praktiske endringer i ny eierseksjonslov

  • Leier av bolig på tidspunktet for seksjonering hadde etter den tidligere eierseksjonsloven en rett til å kjøpe boligen. Denne kjøperetten er fjernet i den nye loven.
  • Sameier med bruksrett til bolig gis rett til å kreve seksjonering ved å fremsette krav om seksjonering til tingretten. Den tidligere eierseksjonsloven krevde flertallsvedtak for slike beslutninger.
  • Loven inneholder nye regler om vedlikeholdsplikt og erstatning ved forsømt vedlikehold. Lovens §§ 32 og 33 inneholder en regulering av henholdsvis seksjonseieren og sameiets plikt til å vedlikeholde bruksenheten. Videre følger regler om seksjonseiers og sameiets erstatningsansvar ved manglende vedlikehold i §§ 34-36.
  • Det gis nye regler om parkering og andre tiltak for seksjonseiere med nedsatt funksjonsevne i § 26. Sameiet må i sine vedtekter sikre at parkeringsplasser som etter plan -og bygningsloven skal brukes av personer med nedsatt funksjonsevne, gjøres tilgjengelig for disse.
  • Etter lovens § 25, første ledd kan en seksjonseier med samtykke fra styret anlegge ladepunkt for elbil og ladbare hybrider i tilknytning til en parkeringsplass seksjonen disponerer. Styret kan bare nekte å samtykke til å anlegge slikt ladepunkt dersom det foreligger saklig grunn.
  • En eller flere seksjonseiere i sameiet kan nå få vedtektsfestet enerett til å bruke deler av fellesarealene i inntil 30 år. Dette følger av lovens § 25, femte ledd.
  • I lovens § 50 innføres flertallskrav for særlige bomiljøtiltak som går ut over vanlig forvaltning.
  • For tiltak som medfører økonomisk ansvar eller utlegg på mindre enn fem prosent av årlige felleskostnader kreves vanlig flertall, mens tiltak som medfører økonomisk ansvar eller utlegg på mer enn fem prosent krever minst to tredjedeler av avgitte stemmer på årsmøtet.
  • Dersom tiltaket medfører samlet økonomisk ansvar eller utlegg for enkelte seksjonseiere på mer enn halvparten av folketrygdens grunnbeløp på det tidspunktet tiltaket besluttes, kan tiltaket bare gjennomføres dersom seksjonseierne uttrykkelig sier seg enige i at tiltaket skal gjennomføres.
  • Loven innebærer en forenkling av regnskap -og revisjonsreglene. Etter § 65 første ledd skal sameier med 21 eller flere seksjoner ha én eller flere statsautoriserte eller registrerte revisorer. Sameier med 20 eller færre seksjoner kan ved årsmøtet vedta at sameiet skal ha en revisor valgt av årsmøtet.

For en gjennomgang av sameiets vedtekter, ta kontakt med advokatfullmektig Evelinde Mellem Iden på epost: emi@tsadv.no/ tlf +47 902 62 575 eller advokat  Line Gjerstad Tjelflaat på epost: lgt@tsadv.no/ telefon + 47 474 45 132.

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