How to get rid of the housing department?





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30.11.2010 07:40
Today, as the owners of apartments and condominiums, reasonable and nelenivye citizens began to actively refuse ZhEKov poor service, hiring a discretionary private organizations to serve their homes. How does it really work?

Through the creation of SDMX - organizations condominiums, which transmit the maintenance of their houses his chosen companies and monitor the implementation of rights and obligations of the parties.

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Status and activity is regulated by the same name AJOAH Act. According to Clause 1, Article 8 hours. 1 Zu "On the unification of owners of apartment house, AJOAH - a legal entity created by the owners to facilitate the use of their own assets and management, maintenance and use of an undivided and common property.

The main activities of the association is to implement the features that ensure the implementation of the rights of owners of premises in the possession and use of common property of members of the association, the proper maintenance of the house and the local area, promotion of members of the association in obtaining housing and other services of good quality at reasonable prices and the performance of their liabilities associated with the activities of the association. The union is responsible for its obligations to the union funds and property on its behalf to acquire property and moral rights and duties, acts as a plaintiff or defendant in court (where it is on the side of tenants).

How to create AJOAH

To create SDMX initiative group consisting of at least three owners of apartments or non-residential premises shall convene a constituent assembly. Not later than 14 days prior to the constituent assembly of all its members under the signature or the recommended letter must be notified of the date, place and time of the meeting and agenda. The decision to create AJOAH considered adopted if at a meeting attended by more than 50% of homeowners and voted for him for at least two thirds of those present. At the first meeting adopted the Charter of the organization.

After the decision to establish AJOAH need to register in the executive committees of local government. SDMX is created upon issuance of certificate of state registration. Execution and registration of all documents are free of charge.

The supreme governing body of the general meeting of residents to the exclusive jurisdiction of which belong to the approval of the charter, amend it, the election of board members, the decision on the use of objects that are in common ownership; approval estimates AJOAH balance and the annual report, the definition of contributions and payments to members of a condominium, deciding on the reconstruction and repair of houses or the construction of commercial buildings, determination of restrictions on the use of objects that are in common ownership; decision to lease facilities that are in common ownership, approval of agreements on the establishment of societies, or about participation in them.

For the current activity AJOAH elected board. It is the executive body of the condominium and is accountable to the General Meeting, which shall govern the election and recall of board members, their quantitative composition and timing of the election. To oversee the financial activity of government at general meetings of the members elected AJOAH Audit Commission (internal auditor) or a decision on bringing the auditor.

AJOAH after the acquisition of legal status can take on its own balance sheet the entire housing complex, in agreement with the previous owner to leave it balansoderzhatelem entire housing complex or a part thereof, to conclude a contract with any legal entity whose charter provides for such activities, to transfer him to the balance of the total housing complex or a part thereof.

Control over the quality of housing services

To paraphrase an aphorism of French writer Jules Renard, you can make an unambiguous conclusion: the SDMX as a member or consuming services housing department to pay for public services is still needed. Only here in the condominium, this process looks a lot more organically and more correct. And monitor expenditure of funds will be easier.

After registering a condominium opens your bank account on which you will receive the rent from all its members. These funds may be disbursed solely at the discretion of the building`s residents. Subsidies and benefits that are allocated to Ukrainian citizens from the state budget, saved and transferred to the account AJOAH since its inception. State subsidies for the maintenance and servicing of privatized buildings as the law is not repealed.

Which organization will serve the house, solves the general meeting of residents: it is possible to conclude an agreement with private enterprises on domestic service housing can be any ZhEKom. With organizations that supply gas, water and heat, are engaged in garbage removal, AJOAH to direct contracts.

If technically possible for every apartment metering of water, heat, gas, electricity and other services to owners of residential and commercial premises can transfer funds directly to companies and organizations that provide these services, or according to the agreement - at the expense of SDMX for the accumulation and next conversion. In the absence of marked technical ability is required ruler at the expense of balansoderzhatelya obschedomovye install metering devices.

If the condo board itself performs the functions of the manager, then under contract with providers of public services, it can be a collective customer (subscriber) of such services. In this case AJOAH fully responsible for the timely payment of its use in fact members of the public services.

Owners of apartments, rooms are not equipped with meters, are obliged to conclude a contract on maintenance and utilities of the manager, even if they are not members of SDMX. Failure to do this, or failure to pay accounts are not allowed. Such actions are a violation of the rights of other members of SDMX and the basis for going to court to collect the debt involuntarily.

Author: Anna Vojvodina, "Judicial Law Gazette
Content tags: Tips on Real Estate
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