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Maintenance of condominiums

  1. Legal and administrative support for the creation and registration of condominiums
  2. Formation of the register of co-owners of an apartment building
  3. Development condominium statute, tariff structure, the act of reception and transmission on the balance sheet
  4. Legal support of the general meetings of members (owners) house
  5. Debate on the obligation to transfer the house to balance condominiums
  6. About collecting arguments in favor of condominiums mandatory contributions from members
  7. Legal audit of chairman of the board of separate condominiums
  8. Coordination of land acquisition of territory condominiums
Since July 2016, revolutionary changes in the legislation on housing and communal services have come into effect. Now if in a multi-unit residential building the co-owners did not choose the form of management through the establishment of an association, such a manager on a competitive basis will be appointed by local executive committees. The truth is to create an association in the future there is all the time, but to change the appointed private company, as the manager of your house is no longer there. For example, in the Kiev region in the first half of 2016 210 OSMD were registered, which is 4 times more than for the whole previous year. We have considerable experience in legal support for the creation of OSMD (more than ten associations). It is necessary to take into account a number of practical nuances in the creation of OSMD. The initiative group on creation should consist of owners of apartments and non-residential premises with a number of three people. The larger the initiative group, the easier it will be to bear the operating costs of the creation. First of all, it is necessary to obtain an up-to-date and legally correct register of co-owners in a multi-apartment building. Part of the list is formed by our lawyers from the register of real estate rights (in respect of objects registered after 2013), and the rest by means of an official request to the archives of the local BTI. According to this list, preliminary surveys are conducted to determine the presence of co-owners in the home that are positively inclined to such changes, and most importantly have in aggregate more than half the area of ​​the total area of ​​apartments and premises of the whole house. The decision on these issues is made only by the owners, even if there are several of them for one apartment. We advise you to choose the chairman of the board and hire, on the basis of labor relations, the executing director, who will deal with the current management and report to the chairman. It is at this stage that the majority of initiative groups are stuck. Since no one wants to take responsibility for themselves, deal with current issues of house management, especially on volunteer terms. If the initiative group offers its neighbors a candidate for the position of the future chairman of the board from among the residents who will meet the following criteria – authority, recognition and honesty, then most likely gets enough votes to register the OSMD. Experience shows that in the future, after the creation of the association, it would be more appropriate to employ the executive director. The hired worker can quickly and fully decide the issue of choosing organizations that will provide services for house maintenance, monitor the technical condition, introduce energy-efficient home maintenance measures, keep records of payment of contributions and their expenses, savings and many others. That is, daily to conduct routine work and receive for it wages from the general budget of the OSMD.

At the constituent assembly it is legally correct to resolve the issues on the agenda, including: on the establishment of the association, the definition of its address and name, the election of the chairman of the board and members, the auditor, and to approve the charter in the drafted version. Our lawyers know how to correctly write out all the articles of the statute so that in the future there was an opportunity to protect the interests of each member of the association while at the same time determining an effective mechanism for controlling the chairman of the board in financial matters. When drafting the charter of the OSMD, it is worthwhile to pay attention to the possibility to limit the powers of the chairman of the board on the disposal of property of the association and conclusion of contracts for significant amounts of funds. In the charter it is important to determine the method of voting, the procedure for convening and holding general meetings subsequent to the constituent assembly. It is important to simplify the procedure for convening and holding the next meeting as much as possible, at the same time to exclude the possibility of falsification of voting results. Legislation provides an opportunity to choose several options: one square meter – one vote or one owner – one vote. And it will not be superfluous to establish a special method of voting for owners who individually own apartments and non-residential premises more than 50% of the total area of ​​the house. Experience shows that the next meeting after the creation of the association should solve the most important issues – setting the tariff and its structure, determining the management organization (the company that will perform the individual services for the association, the key terms of the contract with it, the amount of expenses). We draw attention to the fact that in houses with a good technical condition and a large number of bona fide payers, it is not so easy to oblige the former housing administration or a private firm to transfer the house and technical documentation to the newly created association. Qualified lawyers know how to get the former balance-holder to fulfill his duty to transfer the house from balance to balance. As practice shows, in most cases, a three-month period for the commission of these actions by the Housing Administration is not observed. Lawyers will help to legally correctly point out all the shortcomings and unfulfilled work on keeping the engineering networks and elevator equipment in proper condition.

Since the approval of the members of the tariff association at the general meeting, owners of residential and non-residential premises have a duty to pay it. The structure of the tariff and the cost for each component is determined by the co-owners individually in each house. The tariff for non-residential premises is slightly larger than for apartments. We draw attention to the fact that the activity of the association is unprofitable, and the legal entity is subject to entering into the register of non-profit organizations. The association should not pay profit tax, because it was created by the co-owners to meet personal needs for the maintenance and maintenance of their own housing and communal services. Each co-owner is obliged to timely pay fees according to the tariff set by the meeting and in accordance with the size of the proper area. There is an erroneous opinion that the obligation to pay contributions arises only after the conclusion of the agreement with the association. Our jurisprudence on disputes over the collection of debts from the owner of property in favor of the association shows otherwise, but, as you know, property requires. Pensioners, low-income and owners of apartments with a special status do not lose benefits and subsidies when creating an association. Those living for the accrual of subsidies should apply to the Labor and Social Protection Department at the place of registration. In houses with OSMD, the size of such discounts is approved by the meeting within the limits set by the local government. The funds are compensated to the association through subventions from the state budget to local budgets. The issue of membership of individuals does not affect the duty to pay for services. That is, if the majority, with observance of the law and the charter of the association, made the appropriate decisions, they must be carried out by all the owners. Subscriber service of OSMD by our lawyer company will ensure effective pre-trial and judicial decisions on collection of arrears of compulsory payments, entrusting all non-payers with all legal expenses, including legal aid to a lawyer, and as a result will save money in comparison with the content of a full-time lawyer.

If there is any doubt about the efficiency, rationality and the targeted use of common assets or common assets of the association, a group of co-owners can apply to our specialists to order a legal audit of the activities of the OSMD and a specific chairman of the management board. In carrying out such a legal mandate, one must understand that any member of the association has the right to familiarize himself with the minutes of general meetings and make extracts from them, to receive written information on the activities of the association upon appropriate requests. The chairman of the management board of the association must provide all the financial statements for familiarization with the written request of the co-owner. Thus, the co-owners do not have a restriction in access to bank statements, concluded contracts, certificates of work performed and goods invoices. The lawyers of our company know how to document the official violations of the chairman of the board, and, if necessary, will prepare the necessary appeals and evidence to the bodies of the national police in order to bring officials to justice.

We provide services related to the coordination of the land allocation of the adjacent territory in favor of the OSMD. Taking into account the norms of the Land Code, each association has the right to receive free of charge the land plot necessary for maintenance and maintenance of the apartment building. The issue of land allocation is important for co-owners for several reasons. Firstly, when registering a land plot, the size of the land payment is reduced, which is usually included in the amount when determining the aggregate tariff; secondly, the definition of the boundaries of a properly designed area will allow to be a full-fledged master on it, that is, to equip the fence, the system of automatic passes of cars, improve the amenities and others; thirdly, the registration in the state land cadastre of the right of association to the site will relieve the local government of the opportunity to make reckless decisions on the disposal of the adjacent territories, which means that no other house or structure will appear to your house, entrepreneurs will not establish a small architectural form for you the entrance.