Dear Mr. President!
Dear Prime Minister!
Dear people deputies!
We turn to you with an open statement about the unacceptability of the Housing code draft, which had its first reading in the Verkhovna Rada of Ukraine.
During the open session of the Parliamentary Committee on Construction, Urban Development, Housing and Regional Policy that was held on May 18 at the Ministry of Regional Development, Construction, Housing and Communal Services of Ukraine, the people’s deputies, representatives of central executive bodies and public experts have expressed a lot of comments on the draft law.
We must admit that the draft of the Housing Code, which is unnecessary for Ukraine, taking into account that it contains only duplication of existing laws (which was said by the chairman Volodymyr Rybak: "I don’t need it, just as those criticizing it. But it is necessary to adopt it. "- quote), is in itself a threat to the economic independence of the Ukrainian people.
We consider it necessary to inform you about it and urge not to accept the bill.
The Draft of the Housing Code contains a violation of property rights to own, use and dispose of the property.
In particular, there are conditions under which any owner can be removed from managing his own property, which is the common property in the apartment house, only because the owner has no "investment potential" (Part 1 of Art. 152). The document stated that the management of apartment buildings and its surrounding territory by the owner (owners) is possible only on condition that they "meet the requirements of a service provider."
The condominiums will be arbitrarily pushed from the scope of their apartment house. They will be deprived of the the right to manage their property, and to choose the best performer of the management of building on a competitive basis.
Instead, the draft of the Housing Code provides for "imposing" a steward from the outside. Moreover, even without the written execution - it just requires the publication in a newspaper.
There is no reason to believe that forcibly imposed companies, capturing the market of utility services, will improve their quality.
In fact, the ownership of housing property will cease to be full, because people (even those who come to the condominium association) will not be able to dispose of it.
Given that service of managers will be provided on a fee basis, we can assume that over time the owners without investment potential will accumulate such amount of debt to the manager that they lose their own homes for debts. Thus, the economic conditions are created to deprive owners of their property and transforming the nation of self-sufficient home owners, which is now Ukrainians, to the nation of tenants.
In addition, the adoption of this document will create opportunities for "raider" capture of the buildings.
The Code entitles the developer to create condominiums (Part 2 of Art. 59). In addition, these powers are given to a customer even if the co-owners held a general meeting, but made a decision not to create condominiums.
The contents of Art.59 of the Code are aimed at implementation of opaque, non-competitive conditions in order builders and their affiliated companies got exclusive access to the market management of apartment housing. Owners will be forcibly imposed the management company and their economic rights will be violated.
In connection with the foregoing, OPORA stresses that the Code can not be adopted as is.
In case of adoption of a document that would violate the economic rights of Ukrainian citizens to manage their property, OPORA will be forced to resort to organizing mass protests.