We propose to everyone interested in Condominiums to sign open appeal on the bill No.8474 “On making amendments to some laws on condominiums”. Please be free to join the initiative, support, and post on behalf of your organizations! Don't be indiferrent!
To the Chairman of the Verkhovna Rada of Ukraine Mr. Volodymyr Lytvyn
and People’s deputies of Ukraine
23 February 2012 the draft Law of Ukraine No.8474 "On making amendments to some laws of Ukraine on Condominiums”, elaborated according to the Instruction of the President of Ukraine of 13.10.2010 No.1-1/2427, paragraph on improvement of the regulatory framework concerning creation and functioning of condominiums, and approved by VRU Committee on construction, city planning, housing service and regional politics, was groundlessly withdrawn from consideration of the Verkhovna Rada of Ukraine for the second time. In 7 July 2011 this bill was set as principle one. During eight months, disregard the regulation of the Verkhovna Rada certain people’s deputies tried to distort the bill No.8474 by introducing norms which don’t promote the development of Condominiums. We, representatives of civic associations and Condominiums, are extremely concerned about postponement of adopting vitally important law for Condominiums. In order to prevent distortion of the draft Law of Ukraine No.8474 "On making amendments to some laws of Ukraine on Condominiums”, we propose you a wording of the bill, which doesn’t contradict the regulation of the Verkhovna Rada of Ukraine and gives possibility to solve main problems of Condominiums. Condominiums have been waiting for abolition of these obstacles for more than one year. 7 September 2010 during the roundtable in the Ministry of housing a document “Ways of solving problems of Condominiums’ establishment and functioning” was elaborated, and supported by more than 800 Condominiums and their associations – participants of the Condominium Forum.
- 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).
- 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”).
- 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).
- A term “balance maintenance” is substituted by more appropriate term “building management” (Article 11 of the Law of Ukraine “On Condominiums”).
- The issue of self-sustaining maintenance of the building by the association and supporting relationships with producers and performers of housing and communal services is settled. (Article 22 of the Law of Ukraine "On Condominiums")
- 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”).
- 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”).
The inaction in solving Condominium issues brings discredit on the idea of their creation and destroys existing ones.
A comparative table to the bill No.8474 with propositions of the public concerning its last edition.