PROBLEMS OF LEGAL REGULATION OF THE RIGHT OF PROPERTY BY OWNERS OF RESIDENTIALAND NON-RESIDENTIAL PREMISES OF APARTMENT BUILDINGS IN THE CONTEXT OF MODERN HOUSING REFORM: NORMATIVE LEGALANALISYS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The peculiarities of legal regulation of the right of property by owners of residential and non-residential premises of apartment buildings in the context of modern housing reform and decentralization of power in Ukraine have been identified in the proposed scientific article. The author analyzes the norms of national legislation related to the management of apartment buildings, their maintenance and service. Individual peculiarities of the ways of management of such facilities provided by the legislation of Ukraine have been analyzed, namely: 1) apartment building management by residents, 2) management of apartment buildings by means of creation of condominiums, 3) management of such property by the manager appointed by respective local self-government authority. Their advantages and disadvantages have been analyzed and ways of improving corresponding legal regulations have been offered. The author has also conducted a comparative analysis of the legal norms of domestic and foreign legislation on the management and maintenance of apartment buildings, outlined the main directions of European integration of the national legislation on housing and communal services. Separately the author investigated the peculiarities of the legal status of condominium associations as non-profit organizations, their problems and limitations of operation, namely, the procedure of establishment of condominiums and order of their registration, establishment and operation of condominium management body, record-keeping and accounting in accordance with the law, drafting and approving the budget as the main financial plan of the condominium, drafting and presentation of financial statements, decision-making process, dealing with the property of the condominium, creation of maintenance and reserve funds, the procedure of condominium liquidation, etc. In addition, a number of problems including the determination of type, amount and frequency of payments aimed for the maintenance and management of apartment buildings and their adjoining areas, the problem of calculation of subsidies, balance keeping and storage of technical documentation for the appropriate apartment building have been analyzed, and solutions to some of them have been offered. The role and participation of local authorities in the establishment and operation of respective condominiums, their coordination and financial support; housing development of villages, towns and cities; involvement of managers on a competitive basis have also been identified in the article.
Authors and Affiliations
В. П. Дьордяй, Д. М. Бєлов
Keywords
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