Condominiums: no solution for the problems

If all problems of Condominiums could be solved as actively and efficiently as was held yesterday’s (25 January 2012) roundtable ”Regulating problem issues, determined by the Protocol decision No.92 of the extended meeting of the Government 14 December 2011” in the Ministry of regional development, construction and housing and communal services of Ukraine, then all necessary legislative amendments would be made long time ago, and all officials which put spokes in wheels of organized co-owners would be punished. It’s still not clear why, not looking at the public statements of the Prime Minister M. Azarov and Minister A.Blyzniuk concerning the necessity of support and assistance in creation of Condominiums, and yesterday’s assertions of representatives of central executive bodies concerning successful accomplishment of joint actions, determined by the Protocol decision No.92 of the Cabinet of Ministers conference of 14 December 2011, the situation of Condominiums hasn’t changed.

The situation is unclear concerning a still unsigned by the Minister letter, clarifying the status of Condominiums.

The situation is unclear concerning a still unsigned by the Minister letter, clarifying the status of Condominiums.

Until 20 January 2012 the Ministry of regions should have presented an agreed position and accept, that CONDOMINIUM IS NOT AN EXECUTOR of housing and communal services, and doesn’t provide “services”, thus, requirements for necessary agreement / approval of local government contributions on housing services for Condominiums and HBSs is unlawful. However yesterday, on the roundtable A.Blyzniuk assured that this letter shall be signed the same day.
The question of providing co-owners information from a Register of ownership proprietary rights to real property is still open, since all owners of apartments in the building should be informed when creating a Condominium. However, it seems that the Ministry of Justice is not very concerned about the fate of Condominiums and implementation of the Government protocol. It refers to the unaccomplished regulatory framework and absence of grounds for giving initiative group information about co-owners. It’s worth to mention that the Ministry of Justice itself didn’t approve making amendments to the Law of Ukraine "On Condominiums" to provide such possibility for co-owners. At the same time, in the majority of countries the Register of ownership proprietary rights is open information. The issue on the expediency of extension the Law of Ukraine “On the protection of personal data” on Condominiums and Home building cooperatives is also unsolved.
The only positive change is that the National Electricity Regulatory Commission (NERC) brought its own acts in conformity with the Law of Ukraine “On Condominium Associations” and included Condominiums to the category of consumers "population".
Civic activists and representatives of the Ministry of regional development on the roundtable discussed problem issues of the draft Law No.8474 by comments of the Chief Legal Department of the Ukrainian Parliament. However, on 8 February 2012 was planned an examination of this draft law by VRU Committee on construction, city planning, housing service and regional politics. The most astonishing is the fact that on 21 December 2011 VRU Committee on construction, city planning, housing service and regional politics UNAMNIOUSLY approved the Law No.8474 " On making amendments to some laws on condominiums” in a wording agreed with the public. We could almost celebrate the victory, but on the very nex day (22 December) appeared “crushing” conclusion of the Legal Department on the text that does not coincide with the one approved by the Committee. Over one night was changed formulation of two Articles of the bill, what provoked “collision” and “debate” in the bill itself. It became the formal "pretext" for a negative conclusion of the Chief Legal Department of the VR. Participants of the roundtable once again elaborated basic conceptual positions and decided to defend the bill together when presenting it to people’s deputies.
Till officials make amendments and carry papers with the suggestions from one room to another, losing on the way some of them, Condominiums are still alone facing all the problems, despite very promising statements of their support.