In functioning of the condominiums, and especially – condominium associations, there is a question sooner or later on regulation of relations with providers of telecommunication services. The providers use common property of the multi-apartment buildings to place their equipment, they connect this equipment to the internal building power networks, use common property otherwise. Proper legal basis is necessary for such actions.



The right to use someone else’s property may rely on different grounds and may include a variety of content. Accordingly, there are different ways to ensure the legal basis for the use of the common property of the multi-apartment building by “outsiders”.

In the case of the providers of telecommunication services, it is important to note that the use of common property is restricted and non-inclusive. I.e., the use of the common property of the multi-apartment building by the provider does not exclude access to this property either for the co-owners, or for other providers. For example, weak-current cable shafts are often used by several providers. Of all legal grounds for the use of common property envisaged by civil legislation, servitude (right to use someone else’s property) suits best.

Statistically, an average condominium has today several contracts on acquiring servitude with different providers. These contracts are usually concluded according to the forms offered by the providers themselves, and they differ in content and key conditions. The draft contracts offered by the providers are often focused on the subject of entrepreneurial activities, without taking into account the specificities of functioning of the condominiums as non-profit organizations, and they contain provisions that are not very beneficial for the condominiums.

Also, there have been frequent are cases when a condominium that performs a renovation or modernization of common property (including the energy efficiency measures) faces a problem in the form of the chaotically located networks and equipment of the operators, which impedes the renovation/modernization. Negotiations and the search for the mechanism of influence on the operators can take months, while the works necessary for the building are not being performed in the meanwhile.

It should be noted that a condominium as a representative of co-owners should identify the terms of work for the providers in the building, and should offer its unified version of the contract to all providers.

In order to help the condominiums in resolving this task, we have developed a sample contract on servitude, and we hereby offer it to you. Our sample was designed with the incorporation of practical experience of our partner condominiums from different regions across Ukraine. It is by no means a dogma or example, it is rather a “concentration” of key provisions which may be supplemented in the course of negotiations of a specific condominium with a specific provider. Please note that the proposed sample does not contain separate sections “Rights and Obligations of the Parties”. Instead, it has the section “Servitude Contents” where these rights and obligations are accumulated in their interrelations.

The basis for the conclusion of a servitude contract is a decision made by the condominium general meeting. According to the legislation in effect, the meeting is authorized to decide on acquiring servitude with respect to common property in a multi-apartment building in favor of a legal entity or natural person. The meeting also delegates the relevant powers to the board. We hereby offer sample general meeting minutes for two different situations. One is for the regulation of relations with the providers of telecommunication services already present in the building; the other – for servitude in favor of a new subject.

We hope that the proposed sample documents will help in correctly formalizing the co-owners’ decision on servitude, and the sample contract will become a starting point for negotiations between the condominiums and providers. And the condominiums will be able to allocate funds received from servitude payments to the renovation fund, and to spend these funds for the implementation of energy efficiency measures.

Sample servitude contract

Sample minutes of the general condominium meeting of a multi-apartment building  (old provider)

Sample minutes of the general condominium meeting of a multi-apartment building  (new provider)