AV Belous Research of the institute of the condominium in Ukraine

1. Introduction

A condominium, or condo for short, is a form of housing tenure. It is the legal term used in the USA and in most provinces of Canada for a type of joint ownership of real property in which portions of the property are commonly owned and other portions are individually owned. In Australia and the Canadian province of British Columbia, the legal term for this is known as strata title. Colloquially, the term "condo" is often used to refer to the apartment unit itself in place of the term "apartment". This clearly signifies ownership of the property.

Often, it consists of units in a multi-unit dwelling (i.e., an apartment or a development) where the unit is individually owned and the common areas like hallways and recreational facilities are jointly owned by all the unit owners in the building. It is possible, however, for condominiums to consist of single family dwellings: so-called "detached condominiums" where homeowners do not maintain the exteriors of the dwellings, yards, etc. or "site condominiums" where the owner has more control over the exterior appearance. These structures are preferred by some planned neighborhoods and gated communities.

A homeowners association, consisting of all the members, manages the common areas usually through a board of directors elected by the members. The same concept is also used in other countries with different names, such as "unit title", "commonhold" or tenant-owner's association. Another variation of this concept is the "time share". Condominiums may be found in both civil law and common law legal systems. [1]

2. The aim and tasks of the work

The aim and tasks of the work: the improvement of the existing model of the condominium.

Tasks of the work:

- to make a research of the legislative and normative ensuring of the condominium;

- to make a research of an experience of foreign countries on question of the creation condominium;

- to analyse an existing situation of the condominium in the Donetsk rigion in contrast with alternative form of management - ZHKH;

- to develop an advanced model of a condominium in Ukraine;

- to develop an available information resource, describing a model of the condominium in Ukraine.

3. Supposed scientific novelty

This them practically is not researched in our country. The absence of the mass introducing the new form of the management proves it. But our country needs the new form of management of the real estate such as condominium very much. There are a lot of state lows about the condominium, but it difficult for our people and our country to introduce it, because there no enough knowledge about this topic.

That's why we can come to the conclusion, that scientific researching are very necessary and important today to make our life better.

4. Supposed practical value

Supposed practical value is rather big, because the necessity of the new form of the management of the real estate is very big too. All people want to have good conditions of living, but we cann't have the until we'll make a decision to change something. I hope that my work will help all or us to make the right choice.

5. Review existing studies and development

To my point of view it will be better to make a little research of the experience of other countries in this question. So lets see the advantages of renting a condominium in The USA and Canada.

To an unsuspecting tenant, a condominium looks a lot like an apartment unit. Yet tenants moving into a condominium face an environment that's quite unlike a typical apartment building.

Unlike an apartment building, a condominium complex has multiple owners, who own separate areas individually and common areas collectively. Decisions about common areas are made by the homeowners' association (HOA) or its board of directors. Larger complexes typically have a management company, which is hired by the HOA to handle bookkeeping, maintenance contracting and other day-to-day matters. [2]

Although tenants are residents of the condominium complex, they are not entitled to vote at HOA or board of directors meetings because they don't have an ownership interest. The only exception occurs when an owner gives the tenant a power of attorney, which appoints the tenant as the owner's representative to the HOA. That type of arrangement is rare because it gives the tenant some of the owner's legal rights. If the tenant is a relative of the owner, misunderstanding may arise about voting rights. However, the confusion is only superficial because a family relationship is largely irrelevant. The owner retains his or her rights, and the relative is treated like any other tenant. [3]

6. List of the undecided problems

There are a lot of undecided problems in this sphere. The slow transition to housing fund management with the help of condominium in our state proves it.

To my mind, the main problem is an absence one clearly designed mechanism of the decision this question and of course another problem is an absence good people's knowledge in this sphere. With the help of my masters work I'll try to decide this too problems and I'll try to make the procedure of creating a condominium much more easier for people.

7. Planning and reception own result

As a result in future I'm going to create an informational resource (site) with all lows about the condominium in our countries, with an easy mechanism of changing the form of management, with lots of examples of international experience in this sphere. I'm also going to compare an economic position of one of the condominiums in the Donetsk region and one of the GKX in the same region. I'll try to analyse all the results, and put the on the site. I hope that this information will help many people to change their conditions of living and, of course, to improve them.

8. Conclusion

Many years the housing sphere in our country were unprofitable branch of public facilities. The situation hasn't changed. Ukraine needs the new model of the management of the real estate. And such an ideal model exists. It's called a condominium. And I'm sure that in the nearest future all people will have a possibility to live in such complexes and to enjoy all it's advantages.