The Crisis of Legitimacy for Wartime Condominium Associations
During the full-scale war, the legitimacy of decisions made by condominium owner associations (OSBBs) has become a critical issue. The mass departure of many co-owners abroad has paralyzed the ability to make strategic decisions about building maintenance, as a quorum is often impossible to achieve. The introduction of qualified electronic signatures (QES) has emerged as a potential solution to keep these associations functioning, though it demands that building managers acquire skills akin to an IT consultant. This situation highlights a broader challenge of maintaining civic infrastructure during a national crisis.
The Critical Need for Owner Participation
Association rules require a majority of 50% plus one vote to pass any decision. As Olha Rublova notes, many absentee owners adopt a passive stance, stating:
“I’ve left, I’m not using the apartment, don’t bother me.”However, obligations such as property taxes, utility fees for building upkeep, and the duty to participate in association affairs remain fully in force.
“An apartment is not just an asset that appreciates; it is also a responsibility,”she emphasizes.
While electronic signatures could streamline engagement with owners abroad, Rublova points out the immense practical difficulty. Locating someone in, say, Germany, reaching them via messenger, explaining the voting issue, and persuading them to spend time on the digital signing process is a huge task.
“If we fail to secure that 50% plus one vote because people are ‘in their own bubble,’ the building becomes paralyzed,”she adds. This paralysis prevents the approval of budgets, necessary fee adjustments, or participation in energy efficiency programs, leading to the gradual degradation of the building's infrastructure.
An OSBB functions as a school of democracy, where co-owners learn to find compromises, even with neighbors they may not personally like.
“If you cannot reach an agreement at the level of your own building, how do you expect to build a country?”Rublova concludes, underlining the importance of collective action for ensuring homes remain functional amid contemporary challenges.
The predicament facing these associations underscores the urgent need to adapt organizational processes to new realities, particularly through digitalization. With many people forced to leave their homes due to the war, maintaining effective housing management is crucial. Adopting qualified electronic signatures may be a necessary step to ensure all co-owners can participate in decision-making, which directly impacts the quality of life for those who remain in Ukraine.