Act on Joint Ventures (GGU) - Purpose (GGU)

1. The joint enterprise is a public-law corporation for the implementation and maintenance of joint projects.

2. Special provisions remain reserved.

1. Members are the owners of properties on which a legally binding obligation to join or contribute is imposed.

2. The competent municipal authority notes the membership in the land register, unless a maintenance obligation for the same work is already noted.

3. Co-owners or joint owners count as one member. They appoint a common representative.

1. The joint enterprise is established by order of the competent municipal authority when the majority of voters have adopted the statutes and appointed the commissions.

2. If no majority is achieved, the competent municipal authority establishes the joint enterprise if it is in the public interest.

1. The competent municipal authority shall dissolve the joint enterprise when the tasks have been completed or are otherwise undertaken.

2. Any surplus of assets is to be transferred to the new maintenance provider. A surplus of liabilities may be apportioned in the cost allocation procedure.

1. The statutes regulate the organization as well as the rights and duties of bodies and members.

2. They require the approval of the competent municipal authority.

1. Bodies are

a) the Owners' Assembly;

b) the Management Commission;

c) the Auditing Commission.

2. Joint enterprises with more than 300 members may provide for a Delegates' Assembly in the statutes.

3. Commissions have three to seven members. The competent municipal authority may delegate one member to each of the commissions.

1. If no commissions are appointed, the competent municipal authority shall act.

1. The Owners' Assembly

a) elects the members of the commissions, the president of the management commission, and the delegates for a term of four years;

b) decides on statutes;

c) approves commission reports and accounts;

d) grants loans.

2. It performs additional tasks as assigned by the statutes.

3. Each member has one vote, unless otherwise provided by the statutes.

1. The administrative commission convenes the owners' assembly at least every four years.

2. The statutes may provide for a written resolution in place of the owners' assembly.

3. One third of the members may, at any time, request the convening of the owners' assembly or a written resolution for the decision-making on a matter within its competence, stating the subject matter. The statutes may reduce this proportion to as low as one twentieth.

1. The delegates' assembly exercises the powers of the owners' assembly conferred upon it by the statutes.

2. The provision of this law regarding the convening of the owners' assembly is applied accordingly.

1. The Administrative Commission conducts the business and represents the joint enterprise externally.

1. The Audit Committee reviews the accounting and business activities of the Administrative Commission for the benefit of the Assembly of Owners or Delegates.

1. The competent municipal authority has supervision over the joint enterprise.

1. In inter-municipal joint enterprises, a supervisory commission assumes the responsibilities of the competent municipal authority.

2. It consists of at least three members delegated from the councils of the participating municipalities.

3. If the councils of the participating municipalities cannot agree on the composition of the supervisory commission, the competent department shall determine it.

1. Orders and decisions of the bodies may be appealed to the competent municipal authority.

2. In all other respects, legal protection is governed by the Administrative Procedures Act of May 16, 1965.

1. Real associations may continue to exist, but new ones can no longer be formed.

2. If disputes arise and the real association cannot be dissolved without replacement, the competent municipal authority ensures that a collective enterprise is established.

1. Joint enterprises under the Municipal Act of August 23, 1979, and land improvement cooperatives are subject to this law.

2. They must amend their statutes within five years from the commencement of implementation of this law.

1. The government determines the commencement of the enforcement of this law.