Some residents of cottage towns of Kyiv region were left alone with their problems relating to communications in cottage settlements. Sergey Borisov hardly imagine buying in 2008, the house that he would have to do Autonomous Sewerage and install the generator. Land plots were sold with a contract for construction of residential houses and summarizing of communications.
Representing a significant part of owners of cottages, the Chairman of the cooperative believes that the situation, when the communication must be purchased, the fault of the people themselves: "When buying houses nobody paid attention to the order of financing of construction in the contract. Speech on the transition of ownership of the communication was not there. Later, when it became clear, many connected lawyers, but none of them went with this lawsuit in court. Cooperative members all understand that, сбросились, made their way up the lighting."
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It would seem, organized the
Manor on the legal swamp building in the cottage village is just a way to provide private houses a modern infrastructure, which is often outside the city has a big problem. In fact, conflicts around communications have become a systemic problem of cottage settlements. Cases when the developer starts to swing right, since all communications are kept in the property, in the Kiev region a lot. The law does not oblige developers to sell a part of communication residents of cottage settlement.
And this is happening in the regions. In some villages there is no gas, water and electricity. The scheme is similar. Had bought a plot under the cottage village, plot размежевали and sold in parts, in the property of the developer left the land under roads and communications.
The principle of shared ownership in respect of common property enshrined in law only for apartment houses, cottage settlements does not apply.
All that remains residents to try to reduce the price for services (and reduce their list), imposed on a management company for collective negotiations or enter into an alternative contracts with service providers. The challenge is to make the activities of the criminal code of economically unviable, the lawyers say.
Better house in the village
Thus, in the absence of legal regulation particularities of infrastructure management is determined by the terms of the contracts, the content of permits for construction. "Error that people make when buying a cottage not reflect on who will own the infrastructure after the completion of the construction of the village",- specifies a lawyer Dmitry Eremin.
Moreover, you do not just pay attention to presence of points of communications, and demand that they were there, adds Timothy Ermak. "It can be issued by specifying certain points in the contract of sale cottage or to conclude a separate contract, the main thing - make the relationship with the developer in this part of the transparent, then always in the event of a conflict than to go to court or Prosecutor's office",- says the lawyer.
According to Ermak, for the owners of the buildings will be better, if the communication is originally designed and built from the name of a newly created for this purpose, garden Association (ARTICLE) or dacha community, where as members can be taken newly made owners of cottages. Then from the point of view of the current legislation of communication will belong to them, and therefore, be in the shared ownership of its members.
As a rule, are created consumer cooperatives. Buyers bought not only the house and land, but also a share in a co-op, this share accounted for a share in the right of ownership of objects of common use. And after the completion of the construction of the owners of the houses on their own to decide questions of management of the cooperative.