The cadastre responded after seven months

The Administration for Cadastre and State Property (UKDI) accepted the request of the Municipality of Tivat and registered the burden of noting the existence of a court dispute on the new large residential and commercial building on Seljanovo, the construction of which is nearing completion in a joint venture between the Municipality and a local businessman. By Gag Arsić and three private individuals who, together with the Municipality, are co-owners of the plot on which Arsić built a building with a total area of ​​more than 13.000 square meters.

"It is allowed to record the dispute before the Basic Court in Kotor on behalf of the Municipality of Tivat, represented by the Directorate for Property and Legal Affairs, Department for the Protection of Property and Legal Interests, against the defendants Andra Saulacic, Antonije Ilić, Erne Gal Djula and Rad Arsić for the purpose of determining the nullity of the contract in the 'G' list of the immovable property list number 2843 KO Tivat, on cadastral plot 51/1, entered in the 'B' list of the Municipality of Tivat in the scope of 1/1 property and 15724 joint use, Saulačič B. Andro..., Ilić B. Antonija.... and Gal Đ. Erne ... in the scope of 3/24 co-use", it is stated in the decision of the UKDI - Regional Unit Tivat, which "Vijesti" had access to.

Although the Basic Court in Kotor, before which the Municipality is conducting a dispute against Arsić and three co-owners of a large plot of 5.740 square meters in an attractive location on Seljanovo where Arsić built a new building, issued a certificate on this dispute on November 25 last year, and the Directorate for Property and Legal Interests of the Municipality submitted a request to record the burden of the litigation on December 7, the Administration made a decision through its regional unit in Tivat only on July 20 of this year about placing burdens.

This means that in the meantime, for almost seven months, Arsić and the other co-owners of the space were able to sell or rent real estate - apartments and business premises in the new building to third parties, and that real estate was not burdened with the existence of a legal dispute that the Municipality, as the majority owner of the land on which the building was built, is conducting against its partners.

Local administration of the mayor Željko Komnenović in February of last year, due to a controversial job, she filed a criminal complaint with the Special State Prosecutor's Office, which was then headed by Milivoje Katnic, against the former President of the Municipality Siniše Kusovac due to the suspicion that in doing business with local businessman Rado Gago Arsić and Andro Saulačić from Kotor, he caused millions of damages to the Municipality.

It is about the joint construction of a large residential and business building in an attractive location on Seljanov, which was started by the former mayor of Tivat with Saulačić back in 2007. Dragan Kankaraš, which were continued later by the DPS-led administration of Tivat and in which a local businessman close to that party, Arsić, later joined as the main investor.

In the report filed by the Municipality against Kusovac, the former President of the Municipality is accused of having committed the criminal offense of abuse of office by signing or giving consent and authorization to the legal representative of the local administration GS to sign the annexes to the contract on the joint construction of the disputed building on Seljanova, which caused the Municipality of Tivat to suffer great material damage during the distribution of the built space among the partners in this business.

In the application, it is written that Kusovac "by exceeding his official position and failing to perform his official duties, at the same time enabled others to obtain material benefits." The application recalls the genesis of the work initiated 15 years ago by the then mayor of Tivat, Kankaraš, to start construction on a plot of land with a total area of ​​5.740 square meters, the majority owner of which is the Municipality of Tivat with a five-eighth share in the ideal part. One-eighth of the land each belongs to Andrija Saulačić from Kotor, Antonija Ilić from Risno and Erne Gal from Ljubljana, and all of them, including the Municipality of Tivat, at one time authorized Sulačić to represent them in the joint search for an investor with whom, in partnership, they would build a large business-residential facility foreseen by the DUP in this attractive location, right next to the Jadranska magistral in Seljanov.

According to the initial contracts with Saulacic, i.e. Arsic, the Municipality of Tivat was supposed to receive 30 percent of the total surface area in the newly built facility for its five-eighths of wages and the release of investors from the obligation to pay utilities that amounted to hundreds of thousands of euros. However, after the controversial annexes to the contract approved by Kusovac were signed in the meantime, in the end, in the building with a gross construction area of ​​13.332 square meters, the net area of ​​only 6.942 square meters was shared among the business partners. From that, in the end, in percentages, the building was divided in such a way that the Municipality of Tivat received only 18,5 percent, Saulačić 8,44 percent, while Arsić eventually received 72,81 percent of the new building.

In addition to the criminal report for abuse of official position against the former mayor, last fall, the Municipality initiated a lawsuit before the Basic Court to determine the nullity of the contract with the co-owners of the land and the investor Arsić, which were subsequently changed to its detriment. However, the Administration for Cadastre and State Property waited more than seven months to officially place the burden of litigation on the newly built property.