Venetska M. V. Problems of the creation of condominiums
Article deals with problems of association of co-owners of apartment buildings. The main attention is paid to the creation of condominiums in new buildings. Considers the legal status of individuals who have made investments in housing construction during the completion of apartment buildings. Investigated the nature of their relationship with construction funds.
The proposithions of the ways of solving the problem of creating condominiums in new buildings were done.
The article, in particular, proved that individuals who finance housing in status is only principals - FFС participants who will claim only the appropriate amount of measurable units assigned to it by the investee have only a property right to demand in property assigned to them investees, according to the principals received from the trustee of property rights in those investee. Therefore, such a person is neither the owners of apartments or materials, they can not exercise full powers of the owner in respect of such property, they (even if there are actual possession and use) can not carry out disposal of the property. Investors are only owners of the funds they transferred the management of the FFС, and only have a claim on the transfer of property invested in their apartments. They can get the complete ownership of housing, or withdraw their property rights to this dwelling, or terminate the contract and return the money paid.
Proved that the optimum solution of the problem lies in making a law on condominiums additions in the form of a separate article on peculiarities of condominiums in new buildings, which should be worded provision that a constituent assembly on the creation of condominiums buildings should take part at least half of the number of persons included in the list of principals who have the right to receive the property assigned to them objects of investment, according to the principals received from the trustee of property rights in those investee. In addition, in view of the provisions of the FFС, whereby after introduction into service of the construction developer notifies the manager and provides data on the actual total area of investees and manager of the FFС, in turn, gives the developer a list of principals who have the right to receive the property assigned to them objects of investment, according to the principals received from the trustee of property rights to these objects investment and notify each trustee of entry into operation of the construction, it seems appropriate law put on duty manager FFС and the сonstituent аssembly. Putting such a duty to steward the FFС is absolutely logical, given, first, that it is a party to the agreement of all persons who have the right to housing in this house, and that he (and perhaps only he) has information about actual location principals - investors and, secondly, that, as a rule, recently almost all contracts of participation in FFС condition included in the commitment of the investor at the end of construction of the house to join the condominiums
Key words: condominium, property.