Legal status of association of co-owners of an apartment building as an element of housing and utilities sphere of the city
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
Association of co-owners of an apartment building according to the Economic Code is a nonprofit enterprise, which provides the use of the property and management, using a joint property. As an element of the market economy, namely the sphere of housing and communal services, association of co-owners of an apartment building have certain specific functions, for which the association of co-owners of an apartment building have rights and obligations, because association of co-owners of an apartment building has its own niche within the limits of a common economic legal order. A certain set of communal services are provided by monopolists. That’s why, the level of association’s of co-owners of an apartment building pressure is limited to collective pressure that can occur not on behalf of individual consumers, but from the whole house (in several cases, in the case of association or association of condominiums). However, there is a certain complex of services, which can be provided directly by the decision of the governing bodies of the condominium associations, such as: cleaning, security, elevators, current and overhaul of non-negotiable assets of condominiums, etc. The sphere of housing and communal services of the city is proposed to be understood as a complex of measures aimed at providing housing services to the inhabitants of the city. This understanding of the city’s housing and communal services will help to realize that the main thing is not the subjective approach according to which it is necessary to distinguish economic entities, consumers, state authorities, etc., which carry out their activity in this field of the national economy, but also functional approach, according to which this concept should be disclosed through a certain set of activity. As a member of housing and communal relations, the ACMB acts as a business entity, which usually performs the economic activity, coded 81.10. However, although the ACMB is a non-profit partnership, there is a possibility to declare its bankruptcy, and in the register of court decisions there are 18 decisions. Perhaps, in order to more effectively performance of the functions of condominium associations, they should, as representatives of civil society, be involved in the state-business dialogue. On the one hand, it will promote a more organized representation of the interests of tenants of buildings, but, the formation of the awareness of Association of co-owners of an apartment building is not a substitute for the housing maintenance organization, but as an entity responsible for ensuring the proper provision of its co-owners (clients) with the necessary services.
Authors and Affiliations
С. С. Яценко, А. І. Лига
Keywords
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