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Publication date: 09.05.2024
Analysis, consultation, evaluation. legal analysis of the situation, lawyer's consultation, lawyer's consultation, analysis of documents, legal analysis of the situation
Who should pay contributions and payments for the maintenance of an apartment (non-residential premises) in a building where an association of co-owners of an apartment building has been created in the event of the death of the owner and non-acceptance of the inheritance by the heirs
Imagine a situation in which the apartment (or non-residential premises) belonged to the person who died. There are heirs, but they have not accepted (not formalized) the inheritance, the owner is the deceased owner. In such a case, the testator's creditors, in particular the association of co-owners of an apartment building (hereinafter - the condominium) have the right to start the procedure for recognizing the inheritance as dead and subsequently collect the debt from the territorial community.
Condominiums, in accordance with Part 1 of Art. 385 of the Civil Code of Ukraine, according to which "owners of apartments and non-residential premises in an apartment building (houses) to ensure the operation of such building (houses), use of apartments and non-residential premises and management, maintenance and use of the common property of the apartment building (houses) can create an association of co-owners of an apartment building (houses)", is created by owners of apartments and non-residential premises of an apartment building.
In parts of the 6th-8th centuries. 22 of the Law of Ukraine "On the association of co-owners of an apartment building" provides that in order to finance the self-sufficiency of the association, the co-owners pay the appropriate contributions and payments in the amounts established by the general meetings of the association.
Contributions for the maintenance and repair of premises or other jointly owned property are determined by the association's charter and/or the decision of the general meeting.The decisions of the general meetings of condominium co-owners approve the amounts of contributions and payments to be paid monthly (further - contributions).
Among the duties of the co-owner specified in Art. 15 of the Law of Ukraine "On the association of co-owners of an apartment building" there is an obligation to pay due contributions and payments in a timely manner and in full.
A personal account is established for each real estate object, which accumulates information about the current status of paid contributions.
In accordance with Part 3 of Art. 12 of the Law of Ukraine "On Peculiarities of Exercising Ownership Rights in an Apartment Building", non-use by the owner of an apartment or non-residential premises belonging to him or refusal to use common property is not a reason for evading expenses for managing an apartment building.
If, according to the data of the Unified State Register of Property Rights to Immovable Property (hereinafter referred to as the Unified State Register of Property Rights to Immovable Property) the ownership right to the real estate subject to which the arrears for the payment of contributions is not registered, the algorithm of actions may be as follows.
Each co-owner of the House who acquired ownership rights to real estate (apartment, non-residential premises, car space) concluded, as a buyer, with the seller - a certain construction company a standard agreement for the purchase and sale of property rights (hereinafter - a standard agreement).
Such contracts, as a rule, contain a provision according to which "After concluding the contract of sale of the object, independently conclude a contract for operational service with the service organization.The absence of a contract does not exempt the Buyer from the settlement of housing and communal payments from the moment the residential building is transferred to the balance sheet of the operating organization."
As can be seen from the above, a person who is the owner of property rights in a house, in particular, under a contract of sale of property rights, purchased an apartment, but did not register the right of ownership to it in the State Land Registry, regardless of the conclusion of the contract with the condominium, must pay the appropriate contributions and payments .
The owner of the property rights to the apartment is a certain person. If such a person has died, it is necessary to find out who lives (uses) the property. If it appears from the available documents (information) that the person has heirs, it is advisable to write a letter stating the following:
"According to the content of Articles 13 and 41 of the Constitution of Ukraine, ownership not only guarantees rights, but also obligates. the use of property cannot harm a person, rights, freedoms and dignity of citizens, public interests.
As established in Part 4 of Art. 319 of the Civil Code of Ukraine (hereinafter referred to as the Civil Code) Ownership obliges.
According to Art. 322 of the Civil Code The owner is obliged to maintain the property that belongs to him, unless otherwise established by contract or law.
In accordance with Art. 1216 of the Civil Code inheritance is the transfer of rights and obligations (inheritance) from a natural person who died (testator) to other persons (heirs). According to Art. 1218 of the Civil Code, the inheritance includes all rights and obligations that belonged to the testator at the time the inheritance was opened and did not cease due to his death.
Persons who live together with the testator at the time of the opening of the inheritance and did not declare their refusal to inherit are considered to have actually accepted the inheritance (Part 3 of Article 1268 of the Civil Code).The absence of a title document for immovable property (apartment, etc.) and registration of ownership rights to it in the State Register of Deeds does not exempt the owner of property rights to the Apartment, nor the person who inherits these rights, from keeping this property.
If there are no heirs to the property, the inheritance will be considered dead. According to Part 1 of Art. 1277 of the Civil Code in the event of the absence of heirs by will and by law, their removal from the right to inheritance, their refusal to accept inheritance, as well as refusal to accept it, the local self-government body shall be obliged to is obliged to submit to the court an application to recognize the inheritance as dead.
The provisions of Part 4 of Art. 1277 of the Civil Code stipulates that the territorial community, which became the owner of the deceased property, is obliged to satisfy the demands of the testator's creditors, declared in accordance with Article 1231 of this Code. If several territorial communities became the owners of the deceased property, the claims of the testator's creditors are satisfied by the territorial communities in proportion to the value of the deceased property acquired by each of them.
That is, if the property, in particular, an apartment, is not accepted by the heirs, the creditors of the testator, including condominiums, have the right to start the procedure for recognizing the inheritance as dead and subsequently collect the debt from the territorial community.
In order to violate the rights of the heirs of the apartment and to prevent the transfer of ownership of the property to communal ownership (dead inheritance), we ask you to reimburse the condominium association for the debt due to contributions.
