Knowledge Sharing on Management and Financing of Energy Efficiency in Multiapartment

Transcription

1 Knowledge Sharing on Management and Financing of Energy Efficiency in Multiapartment Buildings: Updating UNECE Guidelines on Condominiums 16 May 2018 Yerevan, Armenia C. Kat Grimsley, PhD cantab

2 Document Development HISTORY Importance of transformation of the housing sector in all countries in transition Privatization of multi-flat housing stock discussions and development of Guidelines and issue paper Management practices Policy and role of government Social issues and unintended outcomes

3 Issues EXAMPLE QUESTIONS: The large-scale privatization of housing in the countries in transition represents similar challenges. Does it require similar solutions in all the countries concerned? As private ownership of multi-flat housing is now the dominant form of housing tenure in the countries in transition, can the experience on policy issues and related solutions from the West be of any use? How? Is there a real conflict between the right to freedom of organization and compulsory membership of an association of condominium owners? If so, how can the functioning of condominiums be secured if compulsory membership is not accepted?

4 Original Document CONTENT 2002/2003 drafting Focus: Countries in Transition Historically appropriate Weighted towards condominium structure References to older documents 1996 UNECE Land Administration Guidelines No Glossary

5 Original Document Preface Introduction Chapter I. PRIVATE OWNERSHIP IN MULTI-UNIT CONDOMINIUMS A. Some basic definitions B. Condominium ownership Chapter II. NATIONAL FRAMEWORK CONDITIONS FOR CONDOMINIUMS A. Condominium ownership in a national housing strategy B. Legal framework C. Institutional framework Chapter III. MUNICIPAL FRAMEWORK CONDITIONS FOR THE EFFECTIVE OPERATION OF CONDOMINIUMS A. Condominium ownership in municipal housing policy B. Establishing and supporting owners associations Chapter IV. OWNERS ASSOCIATIONS STATUTES AND ORGANIZATION A. Statutes and agreements B. Organization of an owners association C. Meetings D. Establishing an owners association Chapter V. OWNERS ASSOCIATIONS MANAGEMENT AND OPERATION A. Management of a jointly owned property B. Financial management C. Operations, maintenance and repairs

6 Rationale for an Update KEY DRIVERS: Increasing importance of Condominium Management for all countries Need for expanded scope Integration of legislation, building management, and financing mechanisms Challenges posed by evolution of the gig economy (e.g. AirBnB) Need to incorporate new technologies (e.g. for energy efficiency) Need to train professionals (e.g. condominium managers) Account for the influence of new international guiding documents

7 Process for Updating The document is undergoing multiple levels of scrutiny and revision: Consultations with experts from multiple states In-put from unique subject matter experts (e.g. AirBnB) Multiple rounds of drafting and content review Review by industry organizations Review by Committee board members

8 New Issues EXAMPLE QUESTIONS: How can a Condominium Association address the challenges of non-owner occupied units, including short term rentals, empty second-homes, and abandoned units? Does the state have a role in regulating these scenarios? How can retrofits of older stock focus on energy efficiency? What financing mechanisms are available and what is the role of the state in supporting them? How are non-payments of maintenance fees regulated and should there be legal mechanisms for enforcement? How does this impact vulnerable groups?

9 Document Comparison ORIGINAL 2002/2003 drafting Focus: Countries in Transition Historically appropriate Weighted towards condominium structure References to older documents 1996 UNECE Land Administration Guidelines No Glossary UPDATED 2018 drafting Focus: Region-wide Update existing content Streamline / Reorder Integrate current international guidance Sustainable Development Goals Geneva UN Charter on Affordable Housing Address modern challenges AirB&B Energy efficiency Affordability Update reference documents Add Glossary

10 Updated Document Preface Introduction Glossary of Terms Chapter I. Chapter II. BACKGROUND ON PRIVATE OWNERSHIP IN MULTI-UNIT CONDOMINIUMS CONDOMINIUM LEGISTLATION A. National 1) National Institutional Framework to Support Condominiums 2) National Laws on condominium ownership of housing B. Municipal Chapter III. MANAGEMENT A. Condominium Agreement B. Structure and Functions of the Owners Association C. Meetings 1) Annual general meeting of owners 2) Unit Owners meetings 3) Board Meetings D. Management of a jointly owned property 1) The manager s responsibilities 2) Contracting to hire a professional manager 3) Financial management 4) Operations, maintenance and repairs Chapter IV. NON-OWNER OCCUPANCY Chapter V. FINANCING FOR CONDOMINIUM PROJECTS

11 Role of State Agencies State agency role in establishing sustainable multi-apartment building stock : Work with UNECE for clarification on state-specific circumstances Present and support document recommendations to legislative bodies Participate in education and enforcement as necessary

12 Questions? C. Kat Grimsley, PhD cantab Director, MS Real Estate Development George Mason University