Товарищества собственников жилья управление совместным домовладением новости месяца

History.

Property owners partnership “Ochag” was organized by the Construction Organization (the project owner of the construction of the apartment building) on April 03, 2003. Registration of the Property Owners Partnership “Ochag” as a legal entity was performed before the completion of construction of the dwelling house in accordance with legislation norms.

In May 2003 after the completion of construction of the house, the initiative group of investors of construction (owners of apartments) organized the first general meeting (minutes No.1 of 13/05/2003) and has elected the administration of the partnership and the chairman of administration of the partnership. The Charter was also approved, corresponding to the Standard Charter (the Standard Charter is approved by the government of the Republic of Belarus).

Although the state commission has acknowledged the dwelling house as a completed construction, there were numerous arrearages of housing, some of the engineering services were absent. For example, there was no gas supply. The main activity of the administration of the partnership was the detection of such arrearages of housing, correspondence with state authorities and with the developer of the house, participation in the work of commissions and organizations during construction works (minutes of general meeting No.2 of 17/06/2003, No. 3 of 28/08/2003 and No.4 of 06/10/2003).

As a result of a 2-year hard work of the administration it was possible to force the developer of the house according to the pre-trial procedure to complete construction works at the amount of approximately 200 000$, and also to pay compensations to dozens of members of the partnership (minutes of the general meeting No.5 of 11/05/2005).

But that was not the end of the conflict with the developer of the house, because in August 2005 the developer has registered at the state agency of Minsk city the ownership right in an isolated room with the area of 450 m² (technical floor with engineering services at the upper floor of the central part of the building).

The developer intended to reconstruct this technical room for office spaces. As far as these actions violated the rights and legitimate interests of the members of the partnership, and in our opinion, the registration process was performed with breach of the Law on registration and of the Law on Cooperative House Ownership, the general meeting of the members of the Property owners partnership “Ochag” was convened. The meeting has delegated the right of administration of the Property owners partnership “Ochag” to submit a statement of claim to the economic court of Minsk city concerning the cancellation of registration of establishment of an isolated room by the developer of the house. The administration has been delegated the right to retain a lawyer (minutes of the general meeting No. 7 of 25/08/2005).

The partnership has developed the advocatory strategy for the case concerning the return of the common property of cooperative house ownership. Collective appeals of members of the partnership have been prepared and sent to authorities, mass media. Upon request of the Property owners partnership “Ochag” the Committee for Property has carried out investigations and has detected violations during performance of technical inventarization of disputable room.

The developer of the house has written application to the prosecutor’s office for the initiation of the criminal case against chairman of the Property owners partnership “Ochag” for arrogation and hindrance from using the immovable property.

The Property owners partnership “Ochag” has lost cases at the economic court of Minsk city and at the appeals instance of the economic court of Minsk city, where the respondent was the State Agency for Immovable Property Registration. Nevertheless in the beginning of 2006 the Cassational Collegiate of the Higher Economic Court of the Republic of Belarus in accordance with the complaint of the Property owners partnership “Ochag” has cancelled the judgement of the court of the first instance, and the case has been presented for reconsideration. The reconsideration of the case at the economic court of Minsk city has also finished not in favour of the Property owners partnership “Ochag”. And only appellation authority consisting of three judges of higher qualificiation, after having performed the visiting session with inspection of the room, and in accordance with application of the Property owners partnership “Ochag” having heard the evidence of technical experts, have cancelled the registration of establishment of the isolated room.

The Cassational Collegiate of the Higher Economic Court (according to the claim of the developer) has acknowledged the judgement of the appellation authority as legitimate.

The General Prosecutor’s Office of the Republic of Belarus refused to render the protest concerning this case.

Totally within the period of two years 20 court session have been performed in relation to this case. The cost of the common property of Cooperative House Ownership which was returned as a result of well-organized actions of the Property owners partnership “Ochag” amounts to 1 million $ (minutes of the general meeting No.9 of 30/01/2007).

( In the ofice TS "Oshag")

The Property owners partnership “Ochag” also takes active part in the social activities.

Participation in TV programs:

- 2003. Channels ONT “Contours” and STV “News” about the conflict of the partnership with the developer;

- 2004 The 1^st National Program “Nota Bene” about property owners partnerships.

- 2004 ONT talk show “Vybor” (Choice) about shared construction of housing;

- 2005 STV “24 Hours” about improvement of the precinct by members of the Property owners partnership “Ochag”;

- 2006 The 1^st National “Nota Bene” about the procedure of acceptance of dwelling houses and dwelling apartments by the owners of apartments;

- 2006 The 1^st National “Panorama” about the round table conference in the editorial of the newspaper “Belarus Today”;

- 2006 STV about the best improvement of the precinct of Minsk city (Property owners partnership “Ochag”).

- 2007 ONT “Contours” about management of animals in the property owners partnerships.

- 2008 ONT talk show “Vybor” (Choice) about the establishment of the conflict-free environment in dwelling houses.

- 2008 The 1^st National talk show “Responsive Move” What is better: partnerships or Housing Maintenance Services.

In 2007 at the general meeting No.10 of September 25, the decision was made concerning the establishment of an initiative group, which would develop the strategy of sustainable development of the Property owners partnership “Ochag” as a part of “local agenda of the 21^st century”.

At present 2 meetings of the initiative group have taken place.

It is planned to approve the developed strategy at the general meeting in the year 2009.

Participation in Publications:

- 06.11.2003 “Trud in Belarus” p. 14 “Build and Shed Tears” about problems in shared construction;

- 29.08.2005 weekly publication “Belarusians and market” “And whose protection?” about the lawsuit of the Property owners partnership “Ochag” with the state agency for registration in favour of the developer of the house of 426 sq.m. of common property;

- 09.12.2005 “Komsomolskaya Pravda in Belarus” “How does the Property owners partnership threaten to the new house dwellers?”

- 25.05.2006 conference hall of the newspaper “Belarus Today” the round table conference.

- 23.12.2006 “Belarus Today” Internet-discussion about alterations in apartments.

- 16.02.2007 weekly publication “Obozrevatel” (Observer) “Why doesn’t house democracy work?”

-30.03.2007 “Life of Polessye” “The house, where we live” about the Property owners partnership “Ochag”.

- 17.05.2007 “Gostinniy Dvor” “To live and to rule” about regional conference of heads of Property owners partnerships in Vitebsk city.

- 31.05.2007 “Narodnaya Gazeta” in the column “Cover story” – “The house which is ruled by the Superintendant” about the Property owners partnership “Ochag”.

- 18.07.2007 “AIF in Belarus” “How to warm the house for free” about the initiative of the Property owners partnership “Ochag” concerning the use of non-traditional energy forms.

- 19.07.2007 weekly publication “Domostroy” – “My precinct” about the best precinct of Minsk city (Property owners partnership “Ochag”) with the advertisement of the next publication on how to create a Property owners partnership in every dwelling house.

- Magazine “Chief Acountant” No.1 2007 “What are commission remunerations for Property owners partnerships?”

- 27.09.2007 Weekly publication “Expressnews” – “Complete Repair according to the order” about the “IWO” experience, Berlin in Belarus

- 08.10.2007 Weekly publication “Expressnews” – “Comfort for Money” about the reform of housing and public utilities and the experience of the Property owners partnership “Ochag”.

The Day of the Yard 2007.

Participation in defence activity:

- initiator of the development and signatures collection under the appeal to the Prime Minister of Belarus concerning alterations to the Housing Code of the Republic of Belarus;

- initiator of the development and signatures collection under the appeal to the House of Representatives of the National Assembly of the Republic of Belarus and to the National Center of law project activity concerning alterations to the projected law “On protection of consumers of communal services”;

- initiator of development and signatures collection under the appeal to the administration of the president of the Republic of Belarus about the adoption of the normative act about the credits at preferential rate (3% per annum) for financing capital repairs and heating renovation of apartment houses;

- initiator of the development and signatures collection to the Ministry of Finances, of Economy, for Taxes and Charges – on development of methodology of accounting in property owners partnerships;

- the precedent was created when the Higher Economic Court of the Republic of Belarus has acknowledged the Property owners partnership “Ochag” as an applicable plaintiff in courts about common property of cooperative house ownership;

- the precedent was created, when the Higher Economic court of the Republic of Belarus has acknowledged the statement of claim of the Property owners partnership “Ochag” to the state agency about the cancellation of registration of the isolated room by the developer of the house – by virtue of article 1 of the Law “On cooperative house ownership”;

- for the first time a legal computer network of data transfer was created in a dwelling house in Minsk city and it was put to technical maintenance by a specialized organization,

- the web-site http:/ochag7.narod.ru is No.1-2 in the Google rating concerning the search of words “Property owners partnerships”

- employees of the Property owners partnership “Ochag” are lecturers of courses of advanced training of managers of dwelling houses of the Institute of Advanced Training of the Belarusian National Technical University of Minsk city (they have taken an active part in the development of the program of advanced training).

Property owners partnership “Ochag” devotes much time to the questions of ecology and environmental protection, to creation of positive environment. In 2005 and 2007 the partnership became the winner of the district competition for the best precinct maintenance and flowering, and in 2006 it was the winner in the city of Minsk.

TS "Ochag" http://ochag7.narod.ru

23 октября 2007 г, ТС "Очаг" http://ochag7.narod.ru

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