The creation in Ukraine of Association condominiums solves the problem of selecting tenants structure that will continue to provide management services to the building, hiring staff, etc., only in part. To date, only about 24% of the housing stock is managed condominiums and housing cooperatives. Further development is hampered not only condominium complex scheme of registration but also inertia themselves Ukrainian apartment owners. According to experts, so expect a sharp increase in this indicator in the coming years are expected. However, the residential real estate market requires a certain tool for residents to leave the practice of mandatory cooperation with ZhEKom, or management companies, imposed by developers.
Related article: Innovation can reduce costs for buildings up to 50%"At this stage is the development of changes in the leg a management company without creating condominiums. So far, if there is no home owners islation, the purpose of which is to create a mechanism in which residents can choosecreated combining the structure and the legal person, to a serving, the control structure, the consent of one hundred percent of the residents of an apartment building, in practice, it is almost impossible, "- said a partner of the law firm« Backer & McKenzie »Lina Nemchenko.
In this context, partner of the law of "Efficiency Consulting," the chairman of the Committee on Law Ukrainian Real Estate Club Vladislav Kisil said the issues raised in the following way: "The attraction of the management company to service the common property in apartment buildings (common areas, utilities, support structures, ensure the operation of the whole building) "directly" by the apartment owners, in the current environment will inevitably be accompanied by a stalemate. Under current law no consent of the owner of one apartment will block decisions. The problem can be solved by incorporating the mechanism of civil law "democracy co-owners." To make decisions about hiring a management company would be limited by a qualified majority, ie agreement of the two thirds of apartments in the house. "
How to comment on the situation specialists, providing management services to residential, in Ukrainian reality, virtually no profit, due to lack of enforcement of the existing mechanism of payment for utility services. Profitability management companies in the residential sector is currently 12%, but their, the assurances of experts, it is very difficult to make.
As noted by the event moderator, director of "Rustler Property Services", a subsidiary of the Austrian Rustler Gruppe Shelemekh Taras, "The proposed changes in the legislation a mechanism similar scheme operating in Europe. As a rule, the apartment owners to create there a formal association, condominium, no registration of a separate legal entity. However, the decisions of these boards is quite legitimate. If such changes will be adopted at the ministerial level, the new scheme will not only really improve the quality of housing services, but also to be a real breakthrough in the relationship between management companies and apartment owners. "
If the owners will be given a legitimate opportunity to choose a management company without creating a condominium, the decisions on how to change the control structure can be taken by a simple majority at a general meeting residents.
"Company" Rustler Property Services "provides a full range of services for commercial, administrative and technical management of commercial real estate, but in the case of changes in the scheme of work with the owners of apartments, ready to significantly expand its activities in the sector of real estate. A similar experience we have, but that such a scheme already operating in Europe, the most suitable for the effective interaction, and increasing competition in the provision of utility services and, consequently, the quality of such services "- summed up the director of" Rustler Property Services ".
Ukrainian Real Estate Club