Housing Code: obvious shortcomings and hidden threats

03.03.2011 10:04
Articles about real estate | Housing Code: obvious shortcomings and hidden threats The Verkhovna Rada sent a draft of the new Housing Code for revision. And, according to the speaker Volodymyr Lytvyn, as soon as his deputies will not be considered. What is the bill did not accept the people's representatives and experts?

The authors of the bill assert that Ukraine has long needed a new code. We still live by obsolete Housing Code 80-ies. And although the categorical opponents of the changes say the existing legislative framework is enough to regulate the entire housing sector, the majority of experts are inclined to think that the new document needs. But not in the wording, which is today, writes UBR.

SDMX will create a voluntary-compulsory


Now AJOAH remains about 15% of the country's housing stock. The Government plans to 2014 to bring this figure up to 60%. In particular, it is proposed to replenish the ranks of SDMX for the mandatory creation of SDMX in new buildings. This paper is the Housing Code has sparked much controversy.

In MinZhKH sure that the apartment owners themselves have to care about their welfare. Therefore, and provided in the bill the following condition: if within three months after commissioning of flats and tenants have not created AJOAH own, for them it is obliged to make the developer. In this case the local authority forms the Supervisory Board for a temporary home management as part of its representatives, representatives of the developer and owners of the house organ of self-selection for further management company. Although theoretically the bill and provides that if the tenants will create AJOAH or other entity, they will be able to re-elect the company, but in practice, such conditions will only help create raider AJOAH and choosing the "right" rulers. It is unlikely that the developer just give tidbit. Even those experts who are always talking about the benefits of creating AJOAH, against the fact that it happened forcibly.

Firstly, not every house there is a responsible person who would be responsible leader. However, here the government has pledged to help. If you are wanting to lead AJOAH was not there - will be sent to the field of building university graduates, to train specialists in employment centers and several universities. But even if AJOAH and there is an ambitious man who will lead it, then there is every chance that he would be incompetent. And then the house, for example, may be unprepared for the cold season.

"According to statistics, even in areas of Ukraine most of the houses that were on the way to create AJOAH not be ready for the heating season. This can be seen from the documents," - says Vice President of Legal Affairs, Housing associations, private investors, Alexander Cherniavsky.

"Studying the experience of housing stock across the Ukraine, we can say that most of the creators AJOAH simply does not know what to do next with them. No people, no training, no understanding of what services ZhEKov are seasonal in nature and they have something stand. There must be a certain quality, it is necessary to conduct the necessary technical documentation. As a result - many AJOAH be simply abandoned, "- says the Deputy Director General for Financial and Economic Affairs, Housing and Communal Union of Ukraine Olga Lisovenko

Supporters of the project claim that the automatic creation of SDMX - a normal European practice. If a person buys a home in Europe - it is a priori becomes a member of any association or community. The same scheme, experts say, Europe is trying to impose on us as well. The EU argues is that is easier to work with unions than with individuals. In addition, they have more responsibility and it financially easier to provide whole house energy-saving technologies.

"The same story with the imposition of international organizations was also in Russia, but today we see this in Ukraine - the lobbying rules need to create OSBB in each individual house. No alternative: Every home should create a legal entity. The foreign market is primarily interested in creating a new market in the emergence of a new entity on the market in the form of SDMX in each house, which can provide some demand for goods - on the counters, the materials, "- explains the head of the Ukrainian association of regional employers 'utilities' Oleg Adamov.

How to prevent the creation of SDMX raider?


Shortcomings of existing legislation led to the fact that in Ukraine began to massively build raider AJOAH. The new Housing Code of the duplicate error. Thus, the association of owners of apartment house created "by the decision of the general meeting of owners (owners) of apartment house, initiated by two or more owners of residential and nonresidential facilities, adopted by a majority vote of all owners of residential and commercial premises in an apartment house."

And the most common scheme is a raider AJOAH is this: when the house was commissioned, the developer produces legal documents only a few loyal to his people. They register the union. Further, it AJOAH hires a management company that is a subsidiary company of the developer. And then give the other title documents of homeowners. By law, all right, because at that time AJOAH created most of the owners, even if there were only 3 people. Then the board AJOAH may prescribe in the statute, for example, rule that to become a member of the association, new tenants have to pay a tidy sum. For example, several tens or hundreds of thousands of UAH. This makes entry into AJOAH virtually impossible. Meanwhile, the management company can install any utility rates, to make a lease, roofs, local area, etc. To combat such AJOAH extremely difficult, because all of the law.

Save it from raiders AJOAH could rule in Zhilschnom code that, when the number of owners is increasing, the union can not exist if there are less than half the owners of the area, experts say, for example, in Russia create analogues of our AJOAH - Homeowners Association (HOA). And according to Russian law, if the HOA is present less than 50% of owners, the law requires the elimination of the Partnership.

Ukrainians will impose rulers


In addition, the government plans to reform the system and services ZHKG. During the year from the date of entry into force of the new Housing Code of the apartment owners will have to choose a form of providing public services: either

Housing office, who have served previously or private company. Theoretically, owners will own and maintain their home. For example, AJOAH can service your home yourself: hire contractors to enter into direct contracts with the regional gas companies, power companies and so on. Others will have a year to choose a management company that will provide housing services. But the bill includes stringent requirements for a steward. " In particular, they must have sufficient material and technical base, in-house expertise, financial solvency, and also the investment potential. True, officials have promised that the management AJOAH they will have less stringent requirements than private companies.

If within one year from the date of entry into force of the new law the tenants did not choose a way to control it for them will make the local authority. Within 3 months, local authorities will have to hold a competition among willing to provide housing services.

Experts say that because of the new Housing Code, we can repeat the scenario of Russia. There to get a contract for service at home, a private company should win the competition, which carries a single customer Directorate (DES).

"It is not superfluous to give an example of the Russian Federation. There, when actively began to develop this market, the market began to appear a large number of no one not known, obscure and often not very good companies that are focused only on what to collect money from people. And in addition to all the problems that exist in housing, to add even more choice problem, because you can choose from many, but the quality of such a choice the State does not "- said the head of Ukrainian association of regional employers 'utilities' Oleg Adamov

Since the first repair help, for the second - pay yourself


To encourage the Ukrainians to create AJOAH, state and local authorities are even prepared to help with the first post-privatization housing overhaul. In addition, to finance energy saving measures such as insulation. But how effective will this program work - a question. Pull any such costs the state budget? For example, the state and the previously promised to help the newly established AJOAH with the first repair. Officials reports show that hundreds of millions UAH allocated for these purposes. However, the associations wonder: where does the money gone? After obrazhalis to the state for help many, and money no one saw:

"But I can tell you exactly what this program does not work. Why?" We have repeatedly appealed and the city, and in Solomenskiy administration. Under the blueprint received responses about this content: that money, let's say this program is already painted. But who painted, where the sign? Here today we have a rayoneokolo 20 AJOAH. I have not heard from their colleagues or anyone that OSBB allocated some money, "- says the head of Constantine AJOAH Kal'nei

The next time residents of apartment buildings with OSBB will repair your house yourself. To this end condominiums will be obliged to pay a monthly fee. At what one article says that the size of contributions, stockpiling and use will determine the Cabinet, and the money will accumulate in bank accounts in accordance with the Rules of providing management services for housing, approved by the Cabinet, and this money will be used in accordance with legislation. Another article Code states that the apartment owner will have to allocate funds "for capital, or emergency repairs in the amount, manner and within the time stipulated by the contract with the manager." Which of them the result will be to collect the money or it will be two different card payments - is not clear? Besides, experts say, the bill provides only the mechanisms of extortion. And there is no mechanism that would provide for control over the accumulation and use of funds. It turns out that the tenants will pay monthly where some money in the expectation that their home had once been repaired yet.

Reconstruction of the neighborhoods: where to put people?


State promises to help not only with the reconstruction of individual buildings but also entire neighborhoods. This paper is, perhaps, generated the greatest of angry responses. People are afraid that they, for example, can be evicted from the luxury apartment in the downtown to the outskirts. According to estimates by international experts, Ukraine 2 / 3 houses were built in the 60 - 70 years. For example, in the capital to bear, "Khrushchev" in their place build skyscrapers want to start later this year. For example take the Russian experience. In Moscow for three years, was demolished 80% of the "Khrushchev". There did reconstruction quarters of the scheme: by the investor or the state program were building a house, residents were moved there from a nearby old house, the latter demolished, and in its place built a new one. And so the chain. Around the same scheme also offers a new Housing Code of Ukraine. Apartment owners will offer to move either to another shelter "within blocks of complex reconstruction of old housing stock, or within adjacent districts (districts)."

True, the government has pledged to resettle the residents are not too far away and give the apartment is not smaller in size.

"These people get into apartments in new buildings by about a factor of 1:3 at the expense of new corridors, toilets and bathrooms. Because, according to our standards, this is no one builds and can not build. Therefore, a person receives a fully landscaped, trimmed flat" - promised to ex-Minister of Regional Development and Construction Vladimir Yatsuba.

But, for example, in large metropolitan areas, and hence otselyat able to fairly large distances.

This is only a small fraction of articles of the bill that need improvement. Otherwise, according to many experts, the government will receive a new Maidan.

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Content tags: Legislation Housing
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