For several weeks now, our attention has been focused on the residential village "Green Cape" in Kryzhanivka. It all started with the fact that the rupture of the collector led to flooding of residential buildings with sewer drains. During the accident, it turned out that the collector was "homeless", and the cooperative, which serves the housing estate, approached the solution of the problem extremely inefficiently.
Further - more. Digging deeper, we learned that the managing cooperative, ignoring the legislation, owns all roads and roads of the village (and all communications under them), and at any moment can block the passage, prohibiting people from approaching their homes!
Thanks to the local residents, who constantly shared with us fresh information about the non-public side of the activity of the "Green Cape" cooperative, new questions appeared, to which there were no answers. It turned out that it was enough to pull one string a little, as a whole tangle of problems opened up in front of us.
One of the vivid examples of the behind-the-scenes life of the "Green Cape" turned out to be the situation with the construction of a multi-apartment residential building of the Palais Royal residential complex right on the roadway that was supposed to connect Marselska Street with Mykolaivska Road. This section, by the way, is clearly indicated in the general plan of the settlement as a road that provides a direct connection between two districts of the village of Kotovskyi: between the city of Odesa and Fontanskaya OTG.
But that's half the battle. It is important that the construction started on the plot, which is mortgaged by the bank. The developer, according to all the rules, had to get permission from the mortgage holder, that is, from the bank, for construction. Especially considering that the land was intended for individual residential construction, i.e. a private house, and not for the construction of a multi-apartment four-story building.
Naturally, the developer was unable to acquire ownership of his new building, because he built it without the appropriate permit. Therefore, he turned to the court, and somehow achieved recognition of the ownership of the built object. Then, on the basis of this decision, he conducted registration of ownership rights for buyers who bought apartments in this building.
However, the prosecutor's office quickly appealed the court decision, pointing to numerous violations: from non-compliance with building regulations and non-targeted use of the land plot to non-compliance with DABC and other regulatory bodies. The result was predictable - the decision on ownership was annulled.
Now the residents of the building have found themselves in a rather difficult situation: they no longer have legal grounds for residence, and can neither sell their apartments nor exchange them, and they themselves live there on a bird's-eye basis.
But the most important thing is that the plot itself, on which the house was built, no longer belongs to the "Zelenyi Mys" cooperative, but to the bank.
So, if tomorrow the financial organization cancels the ownership rights of citizens to apartments, demolishes these houses or blocks the access of residents to their apartments, then the law will not be violated in any way, because people are now actually staying there with the rights of temporary residents, and the house is officially recognized as a self-build, illegally erected object.
By the way, this residential complex consists of two supposedly separate buildings, built even on different land plots, but above, at the level of the upper floors, connected by an arch, thus forming one living space. This arch creates the appearance of a passage, but the presence of barriers makes passage through the residential complex impossible for Odessa residents and residents of the suburbs, which essentially deprives citizens of a section of the road.
In addition, the problems are aggravated by the financial difficulties of the "Green Cape" cooperative, which is unlikely to be able to return the money. to their investors who invested in the purchase of apartments.
We would like to add that there has been a long-standing conflict between the developer and residents regarding the use of land plots, which was considered by the Supreme Economic Court of Ukraine (case 916/1422/16). The court found deficiencies in the work of the Kryzhaniv village council to the detriment of the residents' interests and material rights.
Now, according to the results of the work of the special commission of the Fontansk OTG, which conducted an act of surveying the land plot, the Fontansk Rural Council intends to terminate the land lease agreement dated January 19, 2005 and the additional agreement to it dated September 23, 2022, concluded between Kryzhanivska ( Fontanska) Council and LLC "SVT-Co".
Moreover, as we managed to find out, even the parking spaces that were purchased from the cooperative are now under threat. Investors paid $10 to $12 for a parking space with lifetime tenure, but those contracts can be canceled at any moment if the bank decides to collect the co-op's debts for the land. This means that the residents of "Green Cape" are in limbo - people can lose their money, and every day of living there is like walking on thin ice.
At the same time, this problem is only one of the many that we encountered while dealing with the situation, which means that soon our readers will learn more about the affairs of the cooperative...
