The procedure for the creation and operation of Associations of co-owners of apartment buildings (hereinafter referred to as "Condominiums", "Associations") in Ukraine is regulated by the Law "On Association of Co-owners of Apartment Buildings" and the Law "On Peculiarities of Exercising Ownership Rights in Apartment Buildings".

It is about the fact that for the effective use of their common property by the residents of the building, its proper maintenance and use, the latter can create a condominium.

An association can be created only by owners of apartments and non-residential premises in an apartment building (apartment buildings). Constituent meetings of the association in newly built multi-apartment buildings can be held after the state registration of the ownership of more than half of the apartments and non-residential premises in such a building.

Since its creation, only owners of apartments and non-residential premises can be members of the initiative group (and, accordingly, participate in the constitutive meetings of condominiums).

 

!  We draw your attention, if we are talking about a newly built house - in this case, these meetings can be held after the state registration of the ownership of more than half (50% or more) of the apartments and non-residential premises of the building. 

 It is also important to note that the management of an apartment building is carried out by its co-owners. By decision of the co-owners, all or part of the functions of managing an apartment building can be transferred to the manager or all functions to the association of co-owners of an apartment building (association of associations of co-owners of an apartment building).

It is possible to cite many advantages of creating a condominium, describe the procedure for convening its constituent assembly, examine the rights and obligations of co-owners and the condominium itself, or the procedure for deciding on the amount of contributions and payments of co-owners, the procedure for managing and using common property. We will not focus your attention on this, since this is exclusively the work of a professional specialist, but we will list 6 stages of creating a condominium that will give you an understanding of what and what needs to be done in case you want to do this procedure yourself:

 

1) convening of an initiative group (of at least 3 owners of apartments or non-residential premises.

To do this, each owner needs to send a written notice (under receipt or by registered mail with a notice of delivery) - no later than 14 days before the date of the meeting.

At this stage, it is also advisable to prepare a draft charter of the condominium for consideration at the founding meeting. 

 

! In accordance with part 1. Article 7 of the Law "On the Association of Co-Owners of an Apartment Building", the charter of the condominium is drawn up in accordance with the standard charter, the content of which is approved by the Ministry of Regional Development, Construction and Housing and Communal Services Order No. 238 of 23.09.2015.

 

2) holding the founding meeting (provided that more than 50% of the co-owners have passed the procedure of state registration of ownership of apartments or non-residential premises of the building).

 

For successful state registration of the Association's charter, we recommend including the following issues in the agenda of the constituent meeting: 

 

   1. On the election of the chairman and secretary of the constituent assembly;

   2. About the creation of the Association, determination of its name and location;

   3. On consideration and approval of the Statute of the Association;

   4. On the election of the Chairman of the board, members of the board of the condominium and the auditor.

   5. About the authorization of the representative of the constituent assembly for the state

      registration of condominiums. 

 

At the founding meeting, each co-owner of an apartment/non-residential building has 1 vote.

The decision is considered adopted if more than half of the total number of all co-owners voted for it.

  

3) state registration of the Association as a legal entity.

necessary documents:

1) the protocol of the founding meeting - in 3 copies;

2) condominium charter - in 2 original copies (+2 notarized copies for opening a bank and tax account);

3) list of participants present at the founding meeting;

4) registration application.

4) inclusion of condominiums in the Register of non-profit institutions and organizations.

for this, you need to submit an application form 1-RN and a copy of the founding documents (excerpts from the UDR, charter) to the local tax office that registered the Association.

 

5) production of a seal;

 

6) opening a bank account.        

 

Call us and the lawyers of our company will provide you with clear advice on the procedure for creating a condominium, as well as prepare all the necessary documents and conduct their state registration.