of September 5, 2018 No. 712
About approval of Rules of provision of service in management of the apartment house and the Standard agreement about provision of service in management of the apartment house
Cabinet of Ministers of Ukraine decides:
1. Approve such which are applied:
2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.
3. This resolution becomes effective from the date of, its publication following behind day, except Item paragraph two 11, of Items 51, of 53 - 65 Rules of provision of service in management of the apartment house approved by this resolution which become effective since May 1, 2019.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 5, 2018 No. 712
1. These Rules determine procedure for provision of service in control of the apartment house (further - service in management) which is exercised managing based on the service provision agreement on management of the apartment house (further - the agreement of management) concluded according to the Laws of Ukraine "About features of implementation of the property right in the apartment house" and "About housing and communal services".
Action of these Rules does not extend to the relations arising between joint owners and also between co-owners and consolidation of co-owners of the apartment house during requirements satisfaction of co-owners by self-sufficiency according to article 22 of the Law of Ukraine "About associations of co-owners of the apartment house".
2. The terms used in these rules are used in the value given in the Laws of Ukraine "About housing and communal services", "About features of implementation of the property right in the apartment house" and "About associations of co-owners of the apartment house".
3. In case when the agreement of management provides obligation of the managing director to sign the insurance contract of the responsibility for the harm done to common property, the rights and legitimate interests of co-owners owing to non-execution or improper execution by the managing director of the obligations, the managing director shall sign such agreement within one month after the conclusion of the agreement of management (or modification of it) term on the duration of the agreement of management at least and timely to prolong it by the conclusion new.
Acceptance of the apartment house in management
4. The managing director not later than within 20 days from coming into force of the agreement of management performs survey of technical condition of the apartment house and its house adjoining territory about what draws up the relevant statement. The authorized person of co-owners, and in case of agreement signature by the authorized person of local government body - representatives of relevant organ of local self-government can take part in such survey. The copy of the relevant act is transferred to the authorized person of co-owners.
5. During the term determined by the agreement of management, the authorized person of co-owners or the previous managing director transfer to the managing director the available technical documentation to the house according to the list determined by the Ministry of Regional Development and also technical documentation on the house adjoining parcel of land.
6. If the agreement of management is signed by the authorized person of local government body with the managing director elected by results of tender, such authorized person transfers or provides transfer to the managing director of the customer of construction or the contractor who rendered services in content of houses and constructions and the house adjoining territories to the house to the conclusion of the agreement of management, copy of technical documentation on the house according to the list determined by the Ministry of Regional Development.
7. Acceptance - transfer of technical documentation on the house is confirmed by the relevant act.
In case of transfer of technical documentation on the house from the previous managing director person authorized by owners participates in signing of the delivery-acceptance certificate of such documentation and receives its copy together with copies of the corresponding technical documentation.
8. In case of assignment by joint owners of obligation on production (recovery) of missing documentation on the managing director such expenses are refunded by co-owners according to the procedure and on conditions which are approved by the managing director and co-owners.
Procedure for provision of service in management
9. The service in management includes:
content of common property of the apartment house, in particular cleaning of intra house rooms and the house adjoining territory, accomplishment of sanitary works, servicing of intra house systems (except servicing of the intra house systems used for provision of the corresponding utility in case of the conclusion of individual agreements on provision of such service under the terms of which servicing of such systems is performed by the contractor), content of elevators, etc.;
purchase of electrical energy for ensuring functioning of common property of the apartment house;
running repair of common property of the apartment house.
10. During provision of service in management the managing director provides performance of works and services in content and repair of common property of the apartment house and the house adjoining territory entering expense budgets on content of the house and the house adjoining territory (further - the estimate), taking into account the obligatory list of works and services which affirms the Ministry of Regional Development, and with observance:
the established standards, standard rates, regulations, procedures and rules concerning quality of housing and communal services;
quality requirements, including on frequency of accomplishment (rendering) of such works (services) determined by the agreement of management.
11. If it is determined by the agreement of management, the managing director performs servicing, running repair of intra house systems of heat supply, water supply, water disposal and supply of hot water, maintenance and running repair of intra house utility power systems and gas supply at the expense of means of co-owners.
If during the term of the agreement managements co-owners made the decision on the conclusion of the individual agreement on utility provision which provides content, servicing and running repair by the contractor of utility of the intra house systems of the apartment house providing deliveries of the corresponding utility corresponding changes regarding reduction of the estimate are made to the agreement of management of the apartment house.
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