LEGAL STATUS OF HOUSING COOPERATIVE SOCIETY IN THE FIELD OF HOUSING MANAGEMENT

Abstract

The article examines the housing cooperative as an entity that provides maintenance and management of the house. The right of housing cooperatives to manage cooperative buildings is substantiated.It is determined that the purpose of creating a housing cooperative is to meet the housing needs of individuals and / or legal entities in the construction or reconstruction of an apartment building through joint participation at its own expense, its subsequent maintenance and management of the house and adjacent territory.An analysis of current legislation on the activities of cooperatives in the market of housing and housing and communal services, which reveals the presence of significant gaps and contradictions. To eliminate this problem, the priority is to adopt the Housing Code of Ukraine, which would correspond to today’s realities and reflect a number of features in the regulation of housing relations, in particular, the management of housing, which are not specified in the Civil Code of Ukraine.The housing cooperatives will have a number of legal problems: the issue of ownership of apartments in a housing cooperative, land ownership, the right of a housing cooperative to complete the house. or build a new one (which will be lost when changing the organizational and legal form), it will soon be reorganized into associationsIt is noted that the lack of a clear position of the legislator, which would provide an opportunity to determine the place of housing cooperatives in the system of ownership in an apartment building, gives rise to distort the content of relations on the management of common property.It is concluded that it is necessary to improve the legislation governing the forms of management of an apartment building by including housing and housing cooperatives in the list of entities to which co-owners may delegate management functions.