The Association of Co- Owners of an Apartment Building (OSMD) ( Ukrainian: Ob'vdnannya spivvlasnikіv Bagatokvartirnogo Budinka (OSBB) ) is a legal entity created to represent the common interests of the co-owners. This is a non-profit organization created by the owners of apartments and / or non-residential premises of an apartment building for the joint use, maintenance and management of their house and the adjoining territory.
According to the norms of the Law of Ukraine No. 417-VIII “On the Peculiarities of the Exercise of the Right of Ownership in an Apartment Building”, OSMD is one of the forms of managing an apartment building. The creation and operation of OSMD are regulated by the norms of the Law of Ukraine “On the Association of Co-Owners of an Apartment Building”.
After creation, the OSMD becomes the owner of the indivisible joint property - auxiliary and common premises, the house adjoining territory (if it was allocated), roofs, attics, basements, etc. The OSMD has all the rights of a legal entity, including the conclusion of business contracts. But the restrictions are established by law - it is forbidden to divide or isolate certain parts of the joint property belonging to the OSMD, co-owners cannot receive dividends or other payments at the expense of the association. The mode of use of joint property, including leasing, must be developed and approved at a meeting of co-owners. Also, the meeting of tenants decides who will service the house, what will be the contributions for its maintenance (rent), how to spend money - repair, modernize, change.
OSMD carries out management functions and does not become the owner of the house as a whole - owners of apartments and non-residential premises remain co-owners of the house.
Content
- 1 Creation of OSMD
- 2 Transfer of property
- 3 Statistics
- 4 notes
- 5 See also
- 6 References
Creating an OSMD
On July 1, 2016, Law No. 417-VIII “On the Peculiarities of the Exercise of the Right of Ownership in an Apartment Building” came into force, according to which, if the co-owners of the apartment building do not create associations of co-owners and decide on a different form of management of the apartment building, to manage such a house A management company will be appointed on a competitive basis.
OSMD can be created only by the owners of apartments and non-residential premises in an apartment building (apartment buildings). Only one association can be created in one apartment building. One OSMD can combine two or more apartment buildings, united by a common house territory, elements of improvement, equipment, engineering infrastructure. In new buildings, OSMD can be created after state registration of ownership of more than half of the apartments and non-residential premises in such a house.
The decision to create an OSMD is considered adopted if more than half of the total number of all co-owners of the house voted for it. Subsequent decisions of the OSMD, including on the amount of payment for utilities, apply to all co-owners of the house without exception, even if they did not become a member of the OSMD.
Property Transfer
After the state registration of the OSMD within 3 months (based on part 18 of article 6 of the Law of Ukraine “On the association of co-owners of an apartment building”), the previous balance holder is required to transfer the apartment building itself, as well as contracts, technical documentation for the house and communications to the association for maintenance.
In the absence of documentation, the previous balance-holder of the apartment building or the person who carried out the management of the apartment building, within six months from the date of state registration of the association, restores it at its own expense. In the event that the former balance holder shies away from fulfilling his duties and refuses to perform actions aimed at transferring the house and documentation, the Association applies to the Economic Court with a request to take the necessary actions.
The OSMD must independently conclude agreements for power supply (necessary for the activities of the Association and for lighting common areas, house territory, entrances, etc.), garbage collection, cleaning of common areas, house area of entrances, etc.
The main financial document in the OSMD is the estimate, which is drawn up for a year and adopted at the annual general meeting by a majority of the members of the OSMD.
Statistics
- In Ukraine, there are about 27.5 thousand OSMD [1]
- As of July 2017, in Kiev, there are 2 thousand OSMD [2]
Notes
See also
HOA
Links
- Law: About ob'єdnanny spіvvlasnikіv bagatokvartirnogo budinka , zakon.rada.gov.ua (Retrieved April 21, 2010)
- Law: On special rights to power in a baguette apartment
- On the National Program for the Reform and Development of Housing and Communal Services for 2004-2010 (inaccessible link) , zakon.nau.ua (Retrieved April 21, 2010)
- OSMD-inform
- Your OSMD