Activities of condominiums

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We have a condominium in our building. Can the condominium be reimbursed for roof repair costs?

27.12.2023 12:50 446

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Photo of lorina200215 Lorina Fedan

According to Article 23 of the Law of Ukraine "On Association of Co-Owners of Apartment Buildings", "Contributions for maintenance and repair of premises or other jointly owned property shall be determined by the association's charter and/or the decision of the general meeting". That is, the decision to reimburse funds for roof repair must be made by a decision of the general meeting.

Thus, according to this Law, the decision of the general meeting, adopted in accordance with the statute, is binding for all co-owners. So, in particular, the exclusive competence of the general meeting of co-owners includes:

  • approval of the association's charter, making changes to it;

  • election of association board members;

  • questions about the use of common property;

  • approval of the estimate, the balance sheet of the association and the annual report;

  • preliminary (prior to their conclusion) approval of the terms of contracts concluded for an amount exceeding that specified in the association's charter, contracts whose subject is securities, property rights or joint property of co-owners or part of them;

  • determining the order of payment, the list and amounts of contributions and payments of co-owners;

  • making a decision on the reconstruction and repair of an apartment building or on the construction of farm buildings;

  • determining the amount of financial and other incentives for the chairman and members of the board;

  • determination of restrictions on the use of common property;

  • electing and recalling the manager, approving and changing the terms of the contract with the manager, making a decision to transfer the functions of managing the common property of the apartment building in whole or in part to the association;

  • making decisions on the establishment of other legal entities or participation in partnerships.

Therefore, the reimbursement of costs for roof repair should be decided by the general meetings of the co-owners. Depending on the decision of these fees, the funds will be refunded or not refunded. Therefore, the person who repaired the roof needs to submit an application to the condominium association for reimbursement for the roof repair.

27.12.2023 12:53

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