Case Summary

The law firm Sententia achieved an interim—but critically important—victory before the appellate court in case No. 355/1782/14‑ц, concerning the protection of the rights of the condominium association “Yaroslaviv Val 28” to basement premises of a residential building that were unlawfully removed from common ownership.

The subject of the dispute is a non‑residential premises of 193.7 sq. m., located in the basement of a multi‑apartment building in central Kyiv. This space houses the building’s key utility systems, including heating, water supply, and sewage nodes. As a technical facility, it is essential for the functioning of the entire building.

In 2014, LLC “Profi Real Group,” directly affiliated with lawyers connected to one of Kyiv’s largest law firms—“Alekseev, Boyarchukov & Partners”—gained control over this premises by using a sham settlement agreement that violated the rights of the building’s co‑owners and was based on a forged certificate of ownership.

Despite facing a well‑resourced and legally sophisticated opponent, attorney Oleksii Kiiko initiated an appellate challenge and proved that the court‑approved settlement agreement was unlawful because:

the technical premises constitute common property of all co‑owners;

the condominium association was not involved in signing the settlement agreement, despite its direct impact on the rights of the co‑owners.

The Kyiv Court of Appeal overturned the decision of the first‑instance court and remanded the case for a new trial, expressly recognizing the arguments presented by attorney Oleksii Kiiko as well‑founded and decisive for the outcome of the case. It was the attorney’s legal reasoning—not the formal position of the condominium association—that formed the basis of the court’s ruling.

If your condominium association or housing cooperative is also facing unlawful actions by fraudsters who illegally obtain ownership rights to basements, technical facilities, or other common property, contact the Sententia Law Firm.

We are not afraid of powerful opponents. We know how to win.