Savytskyi A. Legal regulation of civil relations in the field of management and maintenance of apartment building co-owners associations (condominiums)

Dissertation for the degree of Doctor of Philosophy in specialty 081 "Law". - National University "Odessa Law Academy", Odessa, 2022. The dissertation is the first in Ukrainian legal science comprehensive research into civil legal relations that arise in the sphere of management and maintenance of apartment building co-owners association (hereinafter – condominium). The study established that the relationships that arise with regard to condominiums are mostly of private law character. It has been proposed to categorize them according to different criteria taking into account the subjective composition, content, and subject of such legal relations. It has been primarily proposed to divide them into internal and external. The internal legal relations are the ones that arise: between/among the co-owners as to establishment of a condominium, determination of the management model thereof, and the use and disposal of co-owners’ joint property in this association. Such relations can in turn be divided into two further categories: those dealing with the creation of a condominium and the management thereof. The difference is that in the former case there is not a condominium as an independent subject of legal relations, the main parties to such relations are the subjects of ownership rights on residential and non-residential premises in houses, whereas in the latter category of internal legal relations condominiums act as independent participants.It has been substantiated that the relations that emerge in the field of apartment building management, in particular due to the formation of condominiums, have a public and private law nature. Public legal relations arise with regard to the management and implementation of state policy in housing and communal services, social policy, benefits and subsidies for housing and communal services, legal and organizational support for apartment buildings, condominiums, managers etc. Civil legal relations that arise in the sphere of apartment building management due to the creation of condominiums can be divided into two groups: organizational legal relations dealing with the establishment of condominiums; civil legal relations regarding the activity, management and maintenance of condominiums. Civil legal relations with regard to condominiums include: property and non-property relations (similar to corporate ones aimed at implementation of the rights of co-owners); organizational relations (which include those dealing with the management of condominiums); contractual, and securityrelations.