ОСНОВНІ МЕХАНІЗМИ СТВОРЕННЯ Й ДЕРЖАВНОЇ РЕЄСТРАЦІЇ ОБ’ЄДНАНЬ СПІВВЛАСНИКІВ БАГАТОКВАРТИРНИХ БУДИНКІВ

Abstract

The article has been updated the importance and prospects of the state program for the creation of condominium associations and state support for their activities, the legal justification for the creation and functioning of such associations at the stage of creation, attention is paid to legal conflicts. It is noted the importance of the work of the initiative group in convening and holding constituent meetings, the purpose of which is to make a decision on the creation of an condominium associations and approval of its charter, as well as the emphasis is placed on the normative and legal consolidation of the actions of the initiative group. It is revealed a requirement regarding the need to find out on what grounds the residents of an condominium associations hold their residential and/or non-residential premises: on the basis of joint co-ownership rights or on the rights of joint partial ownership, which is important when voting and making decisions at constituent meetings. Considered questions regarding the voting procedure at the founding meeting and it is justified that in order to respect the rights and interests of the, condominium it is advisable to take into account their votes according to the size of the areas occupied by the co-owners according to their residential and/or non-residential premises and make the necessary decisions accordingly. Analyzed the issue of representation for the right to participate and vote from a condominium at the founding meeting and it was clarified that such representation has no legal support. It was found, that there is no legal provision for familiarizing the participants of the constituent assembly with the draft charter of the association of condominium associations. The corresponding procedure exists in the legal field only for making changes to the already existing statute. Particular attention is paid on the form and content of the minutes of meetings of the association of condominium associations, on the importance of drafting the constituent documents submitted to the state registration of the condominium associations as a legal entity under private law, and on certain aspects of legal responsibility for the submission of knowingly false information.