On yesterday’s meeting of the VRU Committee on construction, city planning, housing service and regional politics most members, besides the people’s deputy Yurii Odarchenko, supported the Bill No.8474 in the wording, discussed with the public. In February the bill is to be put to the vote in the Verkhovna Rada.
CN OPORA is sure that the bill is not ideal, because it doesn’t settle all problem issues of the functioning and newly created Condominiums. Besides that, other problems may appear in the course of its realization. Ukraine has many laws which don’t work. In particular, the issue of access to the information about co-owners is still unsolved, the registration of Condominiums is still paid, relations between Condominiums and providers of water and heating is not clear. Apparently, something was "lost on the way”, and something is still need to be regulated through the other legislative acts.
Nevertheless, this bill regulates issues which could be differently interpreted causing many obstacles for Condominiums in different cities. Now:
1. The owners of residential and non-residential premises in an apartment house have equal rights and responsibilities (Article 382 of the Civil code of Ukraine).
2. The forced division of owners in the apartment building with created Condominium on competent “members” and not competent “not members” was nullified with removing the category of membership in Condominium (Article 9 of the Law of Ukraine “On Condominiums”).
3. A land under the apartment house belongs to a property, which by the law, without any further formal actions, is recognized as a common property of the owners of premises in an apartment house (Article 382 of the Civil code of Ukraine, Article 42 of the Land code of Ukraine).
4. A term “balance keeping” is substituted by more appropriate term “building management” (Article 11 of the Law of Ukraine “On Condominiums”).
5. The issue of self-sustaining maintenance of the building by the association and supporting relationships with producers and performers of housing and communal services (Article 22 of he Law of Ukraine “On Condominiums”).
6. Condominiums will pay for cold and hot water, heat and electricity, gas, communal services and maintenance services for buildings by prices (tariffs) set for the population (Article 22 of the Law of Ukraine “On Condominiums”).
7. Privileges and subsidies for housing and communal services will be applied to contributions (payments) of co-owners which are paid to Condominiums (Article 22 of the Law of Ukraine “On Condominiums”).
WE hope that this bill will be adopted by people's deputies in this wording and the President will sign it. At the same time, from Monday (13 February) OPORA starts preparation of new amendments to the legislative acts that would solve problems, unconsidered by the bill No.8474.