of November 29, 2001 No. 2866-III
About associations of co-owners of the apartment house
This Law determines legal and organizational basis of creation, functioning, reorganization and liquidation of associations of owners of residential and non-residential premises of the apartment house, protection of their rights and accomplishment of obligations by general content of the apartment house.
In this Law the terms below are used in such value:
association of associations of co-owners of the apartment house (further - association) - the legal entity created for representation of common interests of associations of co-owners of apartment houses;
consolidation of co-owners of the apartment house (further - consolidation) - the legal entity created by owners of apartments and/or non-residential premises of the apartment house for assistance to use of their own property and management, content and use of common property;
the co-owner's representative - physical person or legal entity which based on the agreement or the law has the right to represent the interests of the co-owner;
co-owners of the apartment house (further - co-owners) - owners of apartments and non-residential premises in the apartment house.
Other terms are used in the value given in the Civil code of Ukraine, the laws of Ukraine "About features of implementation of the property right in the apartment house" and "About housing and communal services".
This Law regulates:
procedure for creation, registration, reorganization, activities and liquidation of associations, associations;
The relations of persons of law of property on use and the order of common property of co-owners in consolidation;
relations between associations and associations;
relations between associations, associations and public authorities and local government bodies;
relations between associations and business entities.
Consolidation is created for providing and protection of the rights of co-owners and observance of their obligations, proper maintenance and use of common property, ensuring timely receipt of funds for payment of all payments, stipulated by the legislation and statutory documents.
Consolidation is created as not entrepreneurial society for implementation of the functions determined by the law. The procedure for receipt and use of means of consolidation is determined by this Law and other laws of Ukraine.
In one apartment house only one consolidation can be created. Owners of apartments and non-residential premises in two and more apartment houses united by the general house adjoining territory, improvement elements, the equipment, engineering infrastructure can create one consolidation.
The main activities of consolidation consist in implementation of the functions providing realization of the rights of co-owners to ownership and use of common property of co-owners, proper maintenance of the apartment house and the house adjoining territory, assistance of co-owners in receipt of housing-and-municipal and other services of proper quality at reasonable prices and accomplishment with them of the obligations, connected with consolidation activities.
Economic ensuring activities of consolidation can be performed by own forces of consolidation (by self-sufficiency) or by involvement on a contract basis of subjects of managing.
Consolidation is the non-profitable organization and profit earning for its distribution between co-owners does not pursue the aim.
Consolidation answers for the obligations means and property of consolidation, on its own behalf acquires the property and non-property rights and obligations, appears the claimant and the defendant in court. Consolidation does not bear responsibility according to obligations of co-owners.
The property of consolidation is formed from:
the property transferred to it by co-owners to the possession;
the gained income;
other property acquired on the bases which are not forbidden by the law.
The property acquired by consolidation at the expense of fees and payments of co-owners is their joint property.
Housing cooperatives can be reorganized into associations.
Reorganization happens according to the decision of general meeting. According to the charter (provision) of cooperative the meeting can make the decision on reorganization of cooperative in consolidation. From the moment of adoption of this decision the specified meeting is considered the constituent assembly of consolidation and further is held according to requirements of this Law.
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