Yesterday, 15 March, the Verkhovna Rada of Ukraine adopted the Law “On making amendments to some laws of Ukraine on Condominiums” (No.8474). Deputies declined the most “harmful” for Condominiums amendments and adopted a number of norms which will ease a life of Condominium residents, and that may be considered as an achievement of civic activists.
“A text of the law was changed many times in the process of its preparation despite regulations of the Verkhovna Rada; there were at least two different variants of the bill during a voting in the session hall, and a content of informational notification on VRU site does not comply with shorthand notes of the meeting and voting records. That’s why there is every reason for concern about preservation of a text, supported by people’s deputies,” – said the leader of housing programs of the CN OPORA Tetiana Boiko on the press conference in the UNIAN information agency.
A head of Condominium Association “Zhyto-Myr” Ihor Skoropad is convenced, that adoption of the bill 8474 – is a significant step forward, which should not be the last. The head mentioned the following positive principles, regulated in a new Law:
1. Concerning membership in Condominiums. Everybody, besides own apartment or premises, currently have a virtual share of common property and everybody should participate in its maintenance, instead of covering oneself by an opportunity to claim: “I’m not a member of your Condominium and don’t accept your statute, so I’m not going to pay any of your membership fees.” The new Law regulates it and establishes as an obligation.
2. It's determined that Condominium manages the building from the moment of its state registration. Unfortunately, in some Condominiums the building is not passed from the previous balance-keeper for years what may be taken as granted.
3. The Condominium has a right to be a customer of repairs and receive funds from state and local budgets. Housing services were sole customers and managers of budget costs before.
4. According to this law, for fees and payments determined by general meeting of Condominium will be given preferences and subsidies for certain categories of citizens. There was an abnormal situation before, when even regardless the old effective law “On Condominiums”, social protection authorities demanded that condominiums approved tariffs in executive committees. Thus, executive committee set up a tariff on building maintenance which, according to the official inspecting calculations, was “well-grounded”.
Dmytro Levytskyi, a jurist in the Institute of Local Development added: “It’s essentially important, that the bill regulates a number of technical, but actually very important issues of Condominium activity. For example, the bill determines order of voting on general meetings, and conditions for written inquiry of co-owners. These issues were regulated before only by an substatutory act – a Typical statute, approved by order of the State Committee of Housing of Ukraine. In general, the bill makes Condominium less dependent on requirements of regulatory legal acts, and on the willingness or unwillingness of certain officials to promote the activities of associations. Condominiums receive a significant legislative argumentation in many existing controversial situations. For example, the bill provides and guaranties a right of Condominium to choose executors of housing and communal services, contains more precise regulations on giving a land into the ownership or permanent use of a Condominium etc. This – is an important feature of the bill.”
The event was held within the project of the Civil Network OPORA “Reforming housing and communal services through transferring surrounding area to Condominium ownership” with assistance of the program "Civil Society and Appropriate Administration" of the Renaissance international foundation.