ПОРЯДОК ГОЛОСУВАННЯ ТА ПІДРАХУНКУ ГОЛОСІВ НА ЗБОРАХ ОБ’ЄДНАННЯ СПІВВЛАСНИКІВ БАГАТОКВАРТИРНОГО БУДИНКУ ЯК ОСНОВНИЙ МЕХАНІЗМ ПРИЙНЯТТЯ РІШЕНЬ

Abstract

The article analyzes the voting procedure at meetings of the association of co-owners of an apartment building, researches and determines various options for applying the voting procedure that ensure the rights and interests of co-owners. Attention is drawn to the existence of a legal conflict in the Law of Ukraine "On the Association of Co-Owners of an Apartment Building" regarding the procedure for voting and decision-making based on the results of voting, which concerns both constituent meetings and general meetings of co-owners of the association of apartment building co-owners. Considered various options for co-owners’ ownership of their real estate (residential and/or non-residential premises): joint co-ownership and/or joint partial ownership and, in connection with this, peculiarities of the voting procedure for decision-making at both constituent and general meetings meetings of co-owners. Considered peculiarities of voting when making decisions at meetings of co-owners within different circumstances of ownership of residential and/or non-residential premises. Such circumstances may include the presence of a minor child of a spouse, a person without procedural (civil) legal capacity, or a person without procedural (civil) legal capacity. The important importance is given to the case when, when determining the procedure for voting and decision-making, there must be or lack of agreement in the order of joint joint ownership or joint partial ownership. Considered cases of the need for a power of attorney for the right to vote or make a decision in one way or another. The practical material proved the need not only to vote, but also to make decisions regarding the agenda of co-owners' meetings, not otherwise than taking into account the share of the area of ​​residential and/or non-residential premises of the co-owner in the indicated total area of all co-owners of the entire apartment building. The need for the legislator to introduce changes and additions to the Law of Ukraine "On the association of co-owners of an apartment building" regarding the elimination of discrepancies between the order of voting and decision-making was noted. Attention is focused on the need to be guided by a single agreed rule, namely: to vote and make decisions taking into account the above-mentioned area of the co-owner in the total residential and/or non-residential premises of the entire apartment building. Such a coordinated approach more fully ensures and protects the rights and interests of the co-owner, which is an important goal of creating an association of an apartment building.