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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 5, 2018 No. 711

About approval of the Procedure for carrying out settlings with co-owners of the apartment house who have debt to consolidation of co-owners of such apartment house, in case of accomplishment of works by them, co-owners, necessary for content of common property

According to part three of article 17 of the Law of Ukraine "About consolidation of co-owners of the apartment house" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for carrying out settlings with co-owners of the apartment house who have debt to consolidation of co-owners of such apartment house in case of accomplishment of works by them, co-owners, necessary for content of common property, which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Prime Minister of Ukraine
V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 5, 2018 , No. 711

Procedure for carrying out settlings with co-owners of the apartment house who have debt to consolidation of co-owners of such apartment house, in case of accomplishment of works by them, co-owners, necessary for content of common property

1. This Procedure determines the mechanism of debt write-off of the co-owner of the apartment house (further - the co-owner) by payment of fees and payments on content, reconstruction, restoration, carrying out routine maintenance and overhaul repairs, technical retrofitting of common property in the apartment house (further - fees and payments) before consolidation of co-owners of the apartment house (further - associations) after accomplishment by such co-owner of the works necessary for content of such property (further - works) which cost does not exceed the amount of debt of such co-owner.

2. Write-off (reduction of the size) of debt of the co-owner by the amount equal to cost of the works performed by it, is performed by board of consolidation according to the powers assigned to it by general meeting.

The board of consolidation according to the statement of the co-owner who has debt on payment of fees and payments or on own initiative signs with the consent of such co-owner with it the contract on performance of works for the amount which is not exceeding outstanding amount. The agreement is signed by the chairman of the board of consolidation and the co-owner who has debt on payment of fees and payments.

3. In the agreement the type, amount of works, their cost and terms of accomplishment, and also condition of acquisition of materials and the equipment, necessary for performance of works, are specified (in case of need). It is provided to each agreement party in one copy of the agreement.

4. After completion of works the statement of the performed works on the form determined by board of consolidation which is signed by the chairman of the board of consolidation and the co-owner who provided accomplishment of the corresponding works is drawn up. In the act of the performed works the work type, their amount and cost is specified.

The statement of the performed works is drawn up in duplicate. It is provided to each agreement party in one copy of the act.

5. The cost of the performed works in full is set off on account of write-off (reduction of the size) of debt on payment of fees and payments of the co-owner.

About offsetting of cost of works on account of write-off (reduction of the size) of debt on payment of fees and payments of the co-owner the chairman of the board of consolidation issues to the co-owner the reference in the form determined by board of consolidation.

In the reference it is specified:

date of creation of the reference;

surname, name, middle name, the address of the co-owner to whom the specified reference is issued;

details of the agreement and act of the performed works;

information on offsetting of cost of the performed works on account of write-off (reduction of the size) of debt on payment of fees and payments with indication of date of such write-off (reduction of the size of debt);

surname, name, middle name of the chairman of the board of consolidation.

The reference is signed by the chairman of the board of consolidation which signature is certified by seal (in case of availability).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 5, 2018 , No. 711

List of resolutions of the Cabinet of Ministers of Ukraine, invalid

1. The resolution of the Cabinet of Ministers of Ukraine of October 11, 2002 No. 1521 "About implementation of the Law of Ukraine "About consolidation of co-owners of the apartment house" (The Official Bulletin of Ukraine, 2002, No. 42, the Art. 1938).

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