draft PROJECT On Support to Apartment Building Management (Concept Paper) 1. Introduction 1.1. The project on Support to Apartment Building Management (hereinafter to be referred to as Project) was prepared based on the provisions and requirements of the RA Law on Apartment Building Management and the Law on Condominium Associations. 1.2. This is a long-term project and provides for a number of supporting measures geared at implementation of mandatory norms of maintenance of apartment buildings, as well as at the formation of managing bodies of apartment buildings and creation of necessary conditions for further development of the sphere. 1.3. Given the socio-economic situation in the country the Project envisages improvement of the housing maintenance and consumption properties and provision of the 'State-market' feedback. 1.4. The Project purpose is to support the managing bodies of apartment building created by the building owners from the State and other extra-budget resources. 2. Analysis of the current situation Housing is the biggest and one of the most important sectors of the RA economy. Housing covers significant fixed assets, including the housing stock with 67 million square meter surface area with estimated value of around USD 6-7 billion. 27 million sq. m. is covered by apartment buildings, 96% of which is privatised and is owned by citizens. The rest is shifted under the disposal of local governments. The economic reforms in the housing sector that took place during the recent years, viz. mass privatisation of apartment buildings, transfer of housing service delivering companies from State to local governments, their reorganization into jsc as a result of denationalisation, have introduced certain changes into the ownership structure of the housing sector. Privatisation of the housing stock required reorganization of its management system. As a result apartment owners or condominium associations were selected as the most effective form of management. The process of condominium formation in Armenia started in 1995 with the RA Government Decree 295 on Approval of the Condominium Charter and the further adoption of the Law on Condominiums. To ensure the proper enforcement of the law a number of decisions were adopted. They were aimed at supporting the process of condominium formation and formation of corresponding managing bodies (about 600) which were called to collect fees from owners to ensure the maintenance of the building. However introduction of the new management model failed to duly promote maintenance of the housing stock and improvement of the services, due to the gaps and flows of the law adopted in 1996, the lack of clear definition of ownership and separation of responsibilities, as well as other subjective and objective factors. One of the objective reasons was the very high cost of economic structure of the housing maintenance which was developed prior to transition to market relations (currently this required great investments to bring the housing to normal technical condition) as well as the lack of any experience in the field of management. 1 As a subjective reason one may state the owners old mentality and their attitude maintenance of the property in common use. Another factor was the lack of any State support guarantees. Considering solution of apartment building problems as a priority and the experience of the past years, new laws were elaborated and adopted in 2002, viz. the Law on Apartment Building Management and the Law on Condominiums. Relevant amendments were made to the Civil Code. The main purpose of the above laws is to improve the housing management system and thus increase the apartment building maintenance level. To ensure effective organization of the apartment building the role of managing bodies, based on market relations, becomes extremely crucial. The outcomes of the current situation analysis make it a key importance supporting and strengthening managing bodies of apartment building. This will enable for the initial phase to better and quicker integrate into the newly developed economic relations. 3. The Goal of the Project The goal of the Project is to provide State support to apartment buildings in order to strengthen the managing bodies. This will enable improving the quality of building maintenance and of the delivered services on the one hand and change the mentality and attitude of owners to the building common property on the other hand. 4. Principles of implementation At the expense of State means and other resources support the management of apartment buildings by implementing a number of activities and tasks Monitoring of implemented activities Providing transparency and access to the information on the implemented activities and the outcomes Encouraging participation of needy families in the repair activities of the building Increase of the role of owner's participation in the apartment building management In addition, given the wide variety of problems in the sphere of management, from technical and financial support standpoints, two approaches will be used: Support to owners of the building to found a managing body Strengthening of managing bodies This will enable ensuring better results by working in parallel and addressing problems of apartment building management. 5. Activities to undertake The Project will be implemented in two directions: technical and financial support, in accordance with activities introduced in Annex 1. 6. Project financial support The Project will be funded by the State and other non-budget resources. The State resources will be mainly directed at the implementation of the financial support component of the Project, including repair of the common property (roof, staircase, elevator, engineering nets, etc.), installation of meters and other devices. Selection of buildings to be included in the financial support of the Project will be tender-based. The main criteria in selecting the building will be the mandatory financial input of the building owners as well as the number of residents who receive family allowances. 2 The technical support Project will be implemented mainly with the assistance of donor organizations. Based on the results of the Project implementation trends and directions of further development of the apartment building management sphere will be outlined. 3 draft GOVERNMENT OF THE REPUBLIC OF ARMENIA DECREE No September 2002 ON APPROVAL OF THE CONCEPT PROJECT ON SUPPORT TO THE APARTMENT BUILDING MANAGEMENT -------------------------------------------------------------------------------------------------------------------------- Based on the provision of the RA Law on Apartment Building Management and the RA Law on Condominiums the Government of the Republic of Armenia herewith decides to: 1. Approve the concept project on support to apartment building management (see attached) 2. Define, that issues on delivery of support to apartment buildings by bodies of public administration and international organizations shall be coordinated by the Ministry of Urban Development. 3. The Ministry of Urban Development, the Ministry of Finance and Economy shall: a. Suggest delivering support to apartment building management in accordance with provisions of the Project approved by this Decree, when conducting negotiations with foreign states, foreign associations and international organizations b. Undertake necessary measures within the framework of cooperation with the World Bank aimed at preparation of different projects to support apartment building management. 4. The Ministry of Finance and Economy shall: a. When preparing the RA annual State budget drafts, discuss allocation of required financial resources in accordance with provisions of the Project approved by this Decree. 5. The Ministry of Urban Development shall: a. Based on the outcomes of the Project on support to apartment building management and if required, submit to the RA Government recommendations on further development of the apartment building management. b. Jointly with the Ministry of Justice and National Statistical Department within one month, review the need of changes in the current forms of reports in order to reflect the Project implementation process. c. Provide media coverage on regular basis providing information on activities aimed at formation of managing bodies as well as on the results of the process. 4 Annex 1 LIST Of activities ensuring implementation of the concept project on support of apartment building management Type of support I. Technical assistance Activity 1. TA aimed at foundation of managing bodies Preparation of charter documents Preparation of first meetings Registration of managing bodies Preparation of the first budget Preparation and dissemination of a manual on apartment building management and managing bodies Preparation and dissemination of a manual on mandatory norms of maintenance of apartment building common property Media coverage and promotion 2. Training of managing bodies Preparation of training courses Preparation and delivery of accounting training Exchange of experience 3. Support to local governments in performing the inspection of the housing maintenance 4. Support to authorized State bodies in performing the inspection of the housing maintenance Timeframe 2002-2007 2002-2007 2002-2005 2002-2005 Main implementers Ministry of Urban Development Marzpets Yerevan Mayor Ministry of Finance NGOs and donors Ministry of Urban Development Marzpets Yerevan Mayor Ministry of Finance NGOs and donors Ministry of Urban Development Marzpets Yerevan Mayor Ministry of Finance NGOs and donors Ministry of Urban Development Marzpets 5 Yerevan Mayor Ministry of Finance NGOs and donors 5. Improvement of the legal framework Preparation of required by-laws during the implementation of the Project 2002-2005 6. Introduction of housing and utilities allowances as part of the acting system of family allowances 7. Support in organization of service-delivery through managing bodies Organization of tenders Collection of fees Preparation of model contract forms Preparation of business plans 8. Support to NGOs involved in the housing sphere II. Financial assistance 1. Financial assistance to apartment buildings managing bodies Repair of common property (roof, staircases, elevators, engineering structures, etc.) Installation of meters and other measuring devices Activities of thermoinsulation of the building Possibilities to make use of loans and grants 2003-2005 Ministry of Urban Development Ministry of Justice Donors Ministry of Urban Development Ministry of Social Securities, Ministry of Finance and donors 2002-2007 RA Marzpets Yerevan Mayor Ministry of Urban Development Ministry of Finance NGOs and donors 2002-2007 Ministry of Urban Development Ministry of Finance Donors 2002-2007 Ministry of Urban Development Ministry of Finance, Donors 6 2. Support in the process of allocation the land under th building to owners with the right of ownership 2002-2004 Ministry of Urban Development Ministry of Finance State Cadastre Department, donors 7