Management of Multi-Apartment Building: Manager Selection
This page is devoted to the functioning under the new law of those condominiums the co-owners of which have not established condominiums yet, and thus cannot use the benefits of condominiums, but are willing to select the building manager themselves in order to avoid the appointment of the manager by the local self-government bodies. More details about the changes envisaged by the Law of Ukraine “On the Specifics of Exercising Ownership Right in a Multi-Apartment Building” can be found on our web site.
Article 10of the Law of Ukraine “On the Specifics of Exercising Ownership Right in a Multi-Apartment Building” regulates in detail the procedure for adopting decisions by the co-owners of a multi-apartment building. But it should be noted that part 7 of Article 10 of the aforesaid Law envisages the compilation of the minutes of the co-owners meeting according to the form approved by a central executive power body which forms the state housing policy. This formof the minutes is already approved by the Ministry of Regional Development, Construction and Housing and Communal Services (Minregion).
Below, we present an example of how to fill out the minutes of a co-owners meeting in a multi-apartment building (and written question sheets to it) regarding the selection of a multi-apartment building manager pursuant to the Law of Ukraine “On the Specifics of Exercising Ownership Right in a Multi-Apartment Building”).
From the time of the enactment of the Law of Ukraine “On the Specifics of Exercising Ownership Right in a Multi-Apartment Building”, many co-owners of multi-apartment buildings have already expressed their willingness to select the manager independently. But it should be noted that the Law of Ukraine “On Housing and Communal Services” has not been brought into compliance with the Law of Ukraine “On the Specifics of Exercising Ownership Right in a Multi-Apartment Building” and defines differently the contents of the manager’s services and powers. The Verkhovna Rada of Ukraine is considering a new version of the Law of Ukraine “On Housing and Communal Services”. Therefore, the co-owners willing to conclude a contract with the manager must take into account that after enactment of the new version of the Law of Ukraine “On Housing and Communal Services” the contract, most probably, will have to be reviewed and brought into compliance with it.
That said, this does not deny the right of the co-owners to simply identify the manager right now – and to get back to the conclusion of a contract with the manager later, after the adoption of the necessary changes in legislation. This approach is applicable for those co-owners who hurry to make their selection independently in order to avoid the appointment of the manager by the local self-government bodies. They can select the manager right now, and identify the manager simultaneously as the provider of maintenance services for the buildings, structures and building territories pursuant to the version of the Law of Ukraine “On Housing and Communal Services” in effect.
In the attached materials, we have envisaged two packages of documents:
1) minutes of the co-owners meeting and written questioning sheets to it for identifying the provider of services on maintenance of the buildings, structures and building territories (and also manager of the multi-apartment building from 07.01.2016) pursuant to the effective version of the Law of Ukraine “On Housing and Communal Services” and the Law of Ukraine “On the Specifics of Exercising Ownership Right in a Multi-Apartment Building”;
2) minutes of the co-owners meeting and written question sheets to it for selecting the manager pursuant to the new version of the Law of Ukraine “On Housing and Communal Services” (after its adoption) that will be coordinated with the Law of Ukraine “On the Specifics of Exercising Ownership Right in a Multi-Apartment Building”.
To make it easier for you to input data based on our example, we have highlighted all of the variable data in blue font.
For filling out the minutes and written question sheets, we have created an example with a hypothetical 10-apartment building and its co-owners. Information on them is in a separate file. We hope that this will help you understand the minutes.
Please note that in our hypothetical example, one of the co-owners – the territorial community – did not send a representative to the statutory meeting and did not identify the person authorized to sign the written question sheet on its behalf. Therefore, after the deadline for conducting the written questioning, our hypothetical minutes will be compiled without the results of a vote on behalf of the territorial community.