Yesterday, 15 March the Verkhovna Rada of Ukraine adopted the Law “On making amendments to some laws of Ukraine on Condominiums” (No.8474). This decision supported 235 out of 418 deputies registered in the session hall.
The law introduced amendments to the Land Code and the Law “On Condominiums” aimed on improvement of procedure for Condominium creation and functioning.
The Law contains Article 42 of the Land Code in the following wording:
“1. A land of state or communal ownership on which are situated residential buildings and adjoining constructions, buildings within the surrounding territory are given to entities which manage these buildings."
2. In case a condominium is created in multi-apartment building, a land under the apartment building adjoining constructions, buildings and the surrounding area is passed into ownership or permanent use of condominium by the petition of supreme governing body of association.
In case a condominium is created in multi-apartment building, a land under the apartment building adjoining constructions, buildings and the surrounding area is passed into ownership or permanent use of condominium by the petition of supreme governing body of association
3. The procedure for using land under apartment residential buildings, adjoining constructions, buildings and the surrounding area is determined by the supreme governing body of condominium.
4. Size and configuration of land under apartment residential buildings, adjoining constructions, buildings and the surrounding area is determined on the basis of the land management documentation.
The law provides, that “common property in an apartment building (hereinafter – common property) – is undivided part of apartment building, which contains a part of auxiliary premises, elements of construction, technical equipment of such house and common property inside and outside of the building.”
The document also says, that “the surrounding area – is the area around the apartment building or complex of apartment buildings, determined on the grounds of urban planning and is designed for maintenance of an apartment building and adjoining constructions.
The law determines, that “obligatory contributions (payments) of co-owners – costs on maintenance and repairs of common property, which list and sizes as well as order of their payment are determined by the statute of Condominiums through decision of the general meeting.”
According to the Law “co-owners of multi-apartment building (hereinafter – co-owners) – are owners of residential and non-residential premises of an apartment building and co-owners of common property of the apartment building.”
The Law also provides, that “condominium may be created only by owners of residential and non-residential premises of an apartment building (apartment buildings).”
The document provides, that “constituent assemblies of the association in newly-build apartment houses shall be convened after receiving title documents by most owners of residential and non-residential premises.
According to the law, a building is under Condominium management after state registration.
The local government body shall pass Condominium all technical documentation on Condominium during three months.
The law also provides: “a procedure of common shared property management by apartment building owners may be changed any time in accordance with the law.”
Final text of the law, prepared by CN OPORA and partner organizations.