Court dismisses case against Kherson City Council by co-owners' association

An attempt by the co-owners of a building in the center of Kherson to advance the enforcement of a court decision was stalled on a technicality. The court in Odesa refused to consider the application due to violations of procedural requirements.

This is evidenced by the ruling of the Economic Court of Odesa Region.

The court refused to consider the application of Tavrichanka, 12, a condominium association that tried to correct errors in the enforcement documents in the case of disputed non-residential premises in the center of Kherson.

This is a long-running legal conflict over a group of non-residential premises with an area of 40.2 square meters on Ushakova Avenue. Back in 2021, the condominiums went to court to cancel the registration of the Kherson City Council's ownership of these premises and to declare the mayor's order transferring them to the balance sheet of Kherson Petroenergo illegal.

Initially, the Kherson Regional Commercial Court dismissed the claim. However, in February 2023, the Southwestern Economic Court of Appeal overturned this decision and fully sided with the co-owners. The appeal recognized the registration of the city council's ownership as illegal, canceled the relevant mayoral order, and ordered the defendants to reimburse the condominium for legal fees.

At the end of December 2025, Tavrichanka 12 condominium applied to the court to correct the errors in these enforcement documents. However, the court concluded that the application was filed in violation of the requirements of the Commercial Procedure Code.

In particular, the condominium association as a legal entity did not register an electronic cabinet in the Electronic Court system, although such registration is mandatory after the amendments to the legislation. In addition, the applicants did not provide evidence that copies of the application were sent to other parties to the case - the city council and the utility company.

In these circumstances, the court ruled to return the application of the condominium without consideration. At the same time, the court did not assess the merits of the co-owners' claims and did not overturn previous decisions in the case - it was only about procedural violations in the filing of the application. The condominium has the right to appeal the decision or re-apply to the court after the identified deficiencies have been eliminated.

The Department of Communal Property of the Odesa City Council also filed a lawsuit with the Economic Court of Odesa Oblast against the wife of the former head of the Kherson MBA, Inna Mrochko. The city council is asking to terminate the lease agreement for the basement on Bazarna Street, which the businesswoman has been renting since April 2019 - under her maiden name.

Анна Бальчінос