Question 1

What should I do if neighbors flooded my apartment and refuse to compensate for the damage?

Accepted Answer

- **Document the incident:** Immediately contact representatives of the local maintenance office (ZHEK), HOA, or property management company to shut off the water supply.
- **Draft a Water Damage Act (Flooding Report):** This is a mandatory legal document specifying the root cause of the leak and itemizing the damage. It must be signed by representatives of the building manager/operator, the affected party, and, preferably, the liable party or witnesses.
- **Assess the damages:** Order an official forensic structural and technical assessment to determine the exact cost of repairs.
- **File a lawsuit:** Initiate court proceedings to recover material and moral damages based on the Water Damage Act and the expert appraisal report.

Question 2

Is an HOA liable for flooding caused by defective common utility networks?

Accepted Answer

**Yes, it is.** The HOA is legally responsible for the maintenance and proper technical condition of the common property of the building (water supply risers, sewage systems, the roof, etc.). If the failure occurred on a section of the network located _before_ the first shut-off valve inside the apartment (which marks the boundary of the HOA's area of responsibility), the association is obligated to compensate for the damages.

> **Important:** The critical step is documenting the incident by having a committee draft a Flooding Act that clearly states the cause and identifies the liable entity.

Question 3

How can I legally evict an individual who does not reside in the property and fails to pay for utilities?

Accepted Answer

**Exclusively through court proceedings.** If the individual is a family member or a former family member of the property owner and has been absent from the apartment for more than 1 year without valid reasons, they can be judicially declared to have lost the right to use the residential premises.

- **Action plan:** Draft non-residence acts (signed by neighbors or the HOA), gather receipts proving non-payment, and file a statement of claim with the court. Once the court rules in your favor, the individual can be removed from the residential registry.

Question 4

Can an individual be evicted from an apartment without being provided alternative housing?

Accepted Answer

**Yes, but only under strictly defined statutory circumstances and solely via a court order.** This applies if the individual:

- Systematically destroys or damages the residential premises.
- Uses the apartment for purposes other than residential use.
- Creates impossible conditions for cohabitation through their behavior, and prior preventive measures have failed.
- Is a former owner whose property was sold at auction or foreclosed upon under a mortgage.

Question 5

How do I challenge unlawfully increased tariffs imposed by a management company or an HOA?

Accepted Answer

The method of legal defense depends on who manages the building:

- **In an HOA:** The amount of maintenance contributions is approved _strictly_ by a resolution of the general meeting of co-owners. If the board or the chairperson increased the tariff unilaterally, it is unlawful. Such a decision must be challenged in court.
- **In a Property Management Company:** Any tariff adjustment must strictly comply with the terms of the service agreement. If the company raised prices unilaterally without grounds, you must submit a written claim. If rejected, a complaint should be lodged with the State Service of Ukraine for Food Safety and Consumer Protection, or a lawsuit filed in court.

Question 6

What should I do if the HOA charges debts that I do not agree with?

Accepted Answer

- **Written Demand:** Submit a written application to the HOA board requesting a detailed itemization of the charges and a financial reconciliation statement.
- **Formal Objection:** Serve an official claim-objection, attaching copies of payment receipts that substantiate your position.
- **Judicial Control:** If the HOA ignores your arguments and obtains a summary court order (_sudovyi nakaz_), you have 15 days from the date of receipt to file a petition to set aside this order. Consequently, the HOA will only be able to pursue the alleged debt through standard adversarial litigation, where you can fully present your defense.

Question 7

Can I withhold utility payments if the services provided are of substandard quality?

Accepted Answer

You cannot unilaterally cease payments, as this will lead to the accumulation of debt and late fees (_penalties_). Reducing or waiving payments is only possible by officially documenting the violation:

- Summon a representative of the service provider to draft a **Claim-Act**.
- If the representative fails to appear within the statutory timeframe, the act can be drawn up in free-form and signed by you and at least two neighbors.
- Based on this act, the provider is legally required to recalculate the cost of services for the entire duration of their substandard quality.

Question 8

How can I protect myself against the unlawful disconnection of electricity or gas?

Accepted Answer

- **Verification of Procedure:** A utility provider has the right to disconnect services for non-payment only after giving prior written notice (the notice period varies from 10 to 30 days depending on the service type).
- **Protocol of Action:** If the disconnection occurred without notice, during an ongoing court dispute over the charges, or if you reside in territories protected by specific state moratoria (e.g., front-line zones), document this fact immediately (via an HOA act or by calling the police). Promptly file a complaint with the National Energy and Utilities Regulatory Commission (NEURC) and an injunction/lawsuit in court to restore supply and claim damages.

Question 9

What should I do if my residential registration application is rejected?

Accepted Answer

- **Demand Written Proof:** The registration authority (Administrative Services Centre — CNAP) is legally required to issue an official written decision stating the exact statutory grounds for the refusal.
- **Rectify the Grounds:** If the refusal stems from missing documentation (e.g., lack of consent from one of the property co-owners or the absence of an up-to-date military registration document), complete the application package and reapply.
- **Judicial Recourse:** If the refusal is manifestly groundless, it can be appealed to a higher administrative authority (e.g., the State Migration Service) or challenged in court.

Question 10

How do I separate a utility billing account between family members?

Accepted Answer

The separation of a utility account is possible provided that the residential property is held under tenancy-in-common (where the specific share of each owner is explicitly defined in percentages or fractions).

- **By Mutual Consent:** All co-owners jointly apply to the utility providers with their titles and identity documents to re-register and sign separate service agreements.
- **Via Court:** If a conflict exists among family members or if the property is held in joint tenancy (shares are undivided), the separation of accounts and determination of payment liabilities are executed exclusively on the basis of a court judgment.

Question 11

What rights does a tenant have in the event of a conflict with the landlord?

Accepted Answer

Tenant rights are robustly protected by the active lease agreement and the Civil Code of Ukraine:

- **Inviolability of the Home:** The landlord has no legal right to enter the apartment without prior notice and consent from the tenant, let alone unlawfully evict the tenant or change the door locks.
- **Stability of Terms:** The landlord cannot unilaterally alter the rent amount or the lease term unless such a right is explicitly stipulated in the contract.
- **Eviction Notice Periods:** Early termination of the lease at the landlord's initiative (provided the tenant has committed no breaches) requires a 3-month prior notice, unless a different period is specified in the contract. Any forced eviction is strictly prohibited without a court order.

Question 12

How do I challenge a resolution of the HOA general meeting if I did not participate in it?

Accepted Answer

The fact that you did not cast a vote does not waive your right to challenge the resolution if it violates your legal rights (e.g., imposes unlawful financial obligations on you).

- **Grounds:** Violations of convocation procedures (failing to notify you in writing 14 days prior to the meeting), lack of a quorum, improper counting of votes, or voting on matters not included in the published agenda.
- **Procedure:** You must file a lawsuit in court seeking to declare the resolutions of the general meeting null and void.
- **Statute of Limitations:** The limitation period is 1 year from the day you discovered (or should have discovered) the adoption of the contested resolution.

Question 13

How do I apply for a housing subsidy if I have outstanding utility debts?

Accepted Answer

If you have an overdue debt exceeding 680 UAH that has remained unpaid for over 3 months, the subsidy will be denied. However, there are three legal pathways to resolve this:

- **Clearance:** Fully settle the outstanding debt and provide proof of payment.
- **Restructuring:** Enter into a debt installment/restructuring agreement with the service providers. A copy of this agreement must be attached to your subsidy application.
- **Judicial Dispute:** If you contest the debt, challenge it in court. A court order initiating legal proceedings serves as a valid legal ground to grant the subsidy for the duration of the litigation.

Question 14

Can I regularize an unauthorized (unlawful) apartment redevelopment?

Accepted Answer

**Yes, provided that the alterations did not affect the load-bearing structures of the building, the common engineering networks, or the building's facade.**

- _Non-load-bearing modifications (simple redevelopment):_ It is sufficient to commission a new technical passport from a Bureau of Technical Inventory (BTI), where an engineer records the current layout, followed by updating the data in the State Register of Property Rights.
- _Structural alterations or expanding wet areas (bathrooms) over living quarters:_ This process requires drafting an architectural project, conducting a structural engineering assessment, obtaining a permit from the State Inspectorate for Architecture and Urban Development (DIAM), and commissioning the object. In complex scenarios, regularization must be pursued through court.

Question 15

What happens during the initial consultation and what documents should I bring?

Accepted Answer

The initial consultation consists of a thorough legal analysis of your issue by an attorney. We examine the facts, identify the governing statutory provisions, evaluate litigation prospects, and formulate a step-by-step action plan.

**What you need to bring:**
- Passport and Tax Identification Number (TIN).
- All documents pertinent to your case (agreements, acts, payment receipts, title deeds, formal correspondence from institutions or executive bodies).
- Court summonses, orders, or statements of claim (if judicial proceedings have already been initiated).
- It is highly recommended to prepare a brief written timeline of events—this significantly saves time and enables the attorney to grasp the core of the matter immediately.

Service	Price
Oral Consultation	Free
Express Analysis of the Situation / Case Documents	From $25
Written Legal Opinion / Consultation	From $30
Attorney's Request (to HOA, management company, or public utility)	From $35
Drafting a Formal Claim to the Liable Party (flooding, debts, tariffs)	From $45
Drafting an Application for Registration / Cancellation of Residence	From $45
Lodging a Complaint with Local Authorities or Regulatory Bodies	From $60
Challenging a Resolution of the HOA General Meeting	From $75
Drafting a Statement of Claim in a Housing Dispute	From $120
Legal Representation in the Court of First Instance (housing dispute)	From $270
Filing an Appeal in a Housing Case	From $150
Legal Representation in the Court of Appeal	From $300
Filing a Cassation Appeal with the Supreme Court	From $270
Legal Representation before the Supreme Court	From $390
Petition for Review Based on Newly Discovered Circumstances	From $150

Housing and Utility Law

How we handle your case

Free consultation and assessment

Contract signing and start of work

Preparation and strategy development

Representation and outcome

Practice areas (categories)

Pricing

FAQ

Let's discuss your case