On Tuesday 17 January 2012, in Housing department of Chernivtsi city council was held a conference with heads of Condominiums (Condominium homeowners association) on problem issues concerning creation and functioning of condominiums. On the conference representatives were presented an extract from the Protocol decision of the Cabinet Ministers’ of 14 December 2011, which considered a resolution of Second National Condominium Forum in Lviv. The most important – representatives of Condominiums were asked to provide their propositions (which were not included to the protocol decision of the Cabinet of Ministers) concerning numerous problem issues of Condominiums’ activity. All these propositions were gathered and sent to the Cabinet of Ministers of Ukraine. Here are some of them:
• To legitimate a right of Condominiums to automatically become owners of public premises that are not owned by anyone (were not transferred to the balance of anybody; previous owner was eliminated and there is no his legal successor, etc.)
• To determine by the law, that Condominiums shall be first included to the title lists for a major overhaul of housing, before Home building societies (HBS) and Home building cooperatives (HBC).
• To oblige builders of apartment houses to put elevators into service by themselves, and not to shift these responsibilities to Condominium associations.
• To legally determine duties and responsibilities of developers for timely and qualitative elimination of defects in the construction of houses after putting into operation.
• To give the heads of the boards of Condominiums, HBS, HBC a right to give permissions for building alterations which do not affect the load-bearing walls and structures.
• To simplify the procedure of privatization of land under the buildings of a certain category and surrounding areas and receiving State acts on the ownership on land share.
• To create conditions for market relations in the field of public housing and communal services (the availability of at least two heat, electricity and water supply companies) to be able to choose one of them, which provides higher quality and cheaper services.
Such conferences, according to the paragraph 14 of the Cabinet of Ministers’ Protocol decision, should have been held in all regions of Ukraine.
Main decisions, taken on a conference of the Cabinet of Ministers and consolidated by its Protocol decision No.92 from 14 December 2011:
• To elaborate and present until 1 May 2012 drafts of standard agreements on providing housing and communal services between producers and performers of such services, and Condominiums.
• To consider the expediency of extension the Law of Ukraine “On the protection of personal data” on Condominiums and Home building cooperatives.
• To develop until 1 September 2012 a mechanism of providing concessional loans for energy efficiency measures and major overhaul for Condominiums.
• To coordinate own acts till 1 February 2012 and include Condominiums to the category of consumers "population".
• To present until 1 February 2012 propositions to the Cabinet of Ministers concerning regulation of problem issues of operation, registration, technical supervision and major repairs of elevators on a legislative level.
• To take instant measures on suspension of charge for territorial State Tax Services (STS) ecological taxes, fees for special use of water on Condominiums.
• To elaborate till 15 February 2012 issues related to providing Condominiums a right to receive information about co-owners of all residential and non-residential premises in the building.
Detailed information:
Kostynian Mykola
coordinator of housing programs in Chernivtsi office of CN OPORA
+38 095 910 44 91