The procedures by which the apartment owner settles for the consumption of hot and cold water are laid down in Cabinet of Ministers Regulation No. 1013 of 9 December 2008 Procedures by which the apartment owner settles for services related to the use of apartment property in a multi-apartment residential house (hereinafter - Regulation No. 1013).
It is clear from paragraph 19 of Regulation No 1013 that if the difference in water consumption between the reading of the total water meter of the house and the water consumption determined in apartment properties with meters is formed, including also the amount of water leaked in accidents and repairs, a recalculation of water consumption shall be performed. Apartment owners shall cover the difference in water consumption in accordance with one of the following types of calculation, which shall be selected by the administrator:
- according to the number of individual properties in the residential house;
- in proportion to the water consumption of the individual property for the last month;
- in proportion to the average water consumption of the individual property for the last three months;
- proportionally to the amount of the presumed share of the joint ownership included in the separate ownership;
- according to the number of persons living (or declared) in a separate property, if there are no non-residential premises and artist's workshops in the residential house, concurrently determining the procedures by which the number of persons living or declared shall be determined and updated, as well as the procedures for determination of the share to be paid, if the manager does not know the number of persons.
Water consumption difference - infographic.
In accordance with Section 16, Paragraph three of the Apartment Property Law, the co-operation decision of apartment owners is binding on every apartment owner. Consequently, the procedures for the performance of the above mentioned calculations shall be applicable until the apartment owners in the general meeting agree on the procedures for the payment of other services received, including distribution of water consumption differences.
Regulation No. 1013 the procedures for distribution of the difference in water consumption laid down in Paragraph 19 of the shall not be applied and the difference in water consumption or part thereof shall be divided among those apartment owners to whom one of the following cases applies (if any in a residential house):
- no information has been submitted regarding the reading of the water consumption meter within the specified time period for at least three consecutive months and no other procedures for reading the readings have been specified;
- the water consumption meter has not been installed, replaced or re-verified and no other procedures for the installation, replacement or re-verification of water consumption meters have been specified in accordance with paragraphs 14.3 or 30.2 of these Regulations;
- the water consumption meter has been installed without complying with the requirements laid down in the laws and regulations regarding unity of measurements or in the decision of the joint or manager of apartment owners;
- it shall not be permitted repeatedly to carry out an inspection of water consumption meters belonging to the individual property if the performance of such inspection has been notified in writing at least one week in advance by sending a notification to the individual property in which the verification of meters is planned;
- in the inspection of water consumption meters it has been determined that the place of attachment of the water consumption meter has not been sealed or sealed in the presence of the manager in accordance with these Regulations or the water consumption meter, its metrological seal (seal), seal of the place of addition has been damaged or arbitrarily replaced or removed, or the operation of the water consumption meter has been affected;
- it is repeatedly not permitted for the manager or another authorised person of the association of apartment owners to perform installation, replacement or re-verification of water consumption meters in the individual property, if it falls within the duties of the manager or another authorised person of the association of apartment owners and such work has been notified in writing at least one week in advance, sending a notification to the relevant individual property;
- case referred to in Paragraph 23 of these Regulations (If the apartment owner does not agree with the verification of the meter when the manager has wished to perform verification of the water consumption meter by his or her own means).
When applying the above mentioned procedures for distributing the difference in water consumption, the maximum quantity of water supplied shall be determined using the following formula:
Wkop. norm = Nper. × Vpers. norm where:
Vkop. norm - maximum amount of water supplied per individual property per month (m3/month);
Nper. - the number of persons actually resident in the individual property determined by the declared persons or apartment owners. The manager shall take into account the information provided regarding the number of persons actually resident if it exceeds the number of persons declared. . If the number of persons actually living is unknown and there are no declared persons, the calculation shall be performed as one person (number);
Vpers. norm - the water consumption norm for one resident per month (person in m3/m), which is specified in the binding regulations of the local government regarding the regulations to be included in the public water management service contract.
If, after the application of this formula, the difference in water consumption is not fully distributed, its balance shall be distributed according to the procedure chosen by the manager.
According to Regulation No.1013:
- Paragraph 27, the apartment owner shall, in accordance with the procedures specified by the administrator, read the water meter readout to the and within the time period each month and hand them over to the administrator for the performance of calculations.
- Paragraph 28 provides that if no person uses the apartment due to absence and the apartment owner cannot submit information regarding the water meter indication, the apartment owner shall inform the administrator thereof in advance.
- Paragraph 29, if the apartment owner has not submitted information regarding the indication of the water meter or has not informed regarding absence in accordance with the procedures referred to in Paragraph 28 of these Regulations, the administrator shall calculate the water consumption for the individual property, taking into account the average water consumption of the particular individual property for the last three months, but not longer than three consecutive months.
- Paragraph 30 of the prescribes if in the calculation of the distribution of water consumption a difference in water consumption greater than 20% is formed for three consecutive months and the relevant submission of the apartment owner has been received, the manager shall:
- the shall, within two months of , ascertain the reasons for the difference in water consumption;
- inform apartment owners in writing regarding the necessary measures to reduce the difference in water consumption.