The formation and development of legislation on the management of an apartment building is considered. The stages of formation, development and improvement of the legislation in the field of apartment building management are singled out and characterized. The existence of two forms of societies is stated: housing-building and housing-renting: the first ones were created for the purpose of struggle against housing crisis by development of housing construction, the second ones – for the purpose of household use of households by the population. The study proposes to distinguish two aspects of apartment building management, in particular: management – as a set of measures for maintenance and servicing of the building and management – as a way to exercise ownership of premises owned by co-owners of apartment buildings. It is proposed to define the concept of apartment building management as a kind of authority of co-owners of the house to use it. It was found that the concept of «management» defined in the Law of Ukraine «On the peculiarities of the exercise of property rights in an apartment building» is narrower than the definition given in Art. 1029 of the Civil Code of Ukraine. The concept of an apartment building management agreement is defined, which is one of the legislative mechanisms for regulating private legal relations arising from the implementation of joint ownership, based on the principles of equality, autonomy of will and property independence of the parties, and its subject is a service which according to the part 1 of Art. 177 of the Civil Code of Ukraine is defined as one of the objects of civil rights. The main features of the apartment building management agreement are highlighted. The expediency of recognizing an apartment building management agreement as a type of property management agreement is substantiated in view of the presence of a number of common features of these contractual constructions. It is offered to characterize the contract of management of the apartment house as: synalagmatic (mutual), bilateral, paid, consensual, the main contract concluded by the agreement of the parties. The peculiarities of the legal regime of an apartment building as an object of real estate are highlighted. It is established that the understanding of an apartment building as an object of an apartment building management agreement is narrower than the understanding of it as a real estate object, given the focus of the manager's actions to provide management services exclusively on the common property of the apartment building. It is established that in the obligatory legal relations generated by the apartment building management agreement, the subject composition is characterized by the presence of two parties to the agreement – the manager and co-owners of the apartment building, who, due to the bilateral nature of the agreement, perform both debtor and creditor functions. A set of basic prerequisites for a legal entity or individual to acquire the status of an apartment building manager has been identified. It is substantiated that the acquisition by a person of the right of ownership of an apartment or non-residential premises is a precondition for the emergence of a special legal status – the status of a co-owner of an apartment building. The notion of «apartment owner», which can be a natural person, legal entity, territorial community and state, and «apartment dweller», which can be only a natural person who uses a house, apartment, other living space for permanent or temporary residence in them. The classification criteria for the division of the rights of the parties to the apartment building management agreement into groups are proposed. The procedure for concluding of the studied agreement is analyzed and the constituent elements of the mode of execution of the apartment building management contract are singled out. It is established that at the conclusion of the contract of management of the apartment house the stage of organizational relations plays an important role, considering principles of equality of participants of legal relations, streamlining of legal relations in the course of own initiative. The mechanism of civil liability of the parties under the apartment building management agreement has been established, which consists in the need to establish in each case a causal link between the breach of contract and the damage caused. Recommendations and additions to the current legislation have been developed, which will contribute to the improvement of the apartment building management agreement and its law enforcement practice.
