Raid attack on condominiums: how to regain control and defend your rights

After a raider attack, the first hours are crucial: the speed of the reaction determines whether illegal actions can be stopped and violations properly recorded. In parallel with the administrative procedure, it is also worth acting in court. In this case, a lawyer can become a key figure: he helps to properly draw up documents, prepare statements, claims and appeals to the police to open criminal proceedings.

Actions in the first three days after a raider attack on an condominium

After a raider attack, the first hours are crucial: the speed of the reaction determines whether illegal actions can be stopped and violations properly recorded. Below is a sequence of steps that should be taken within the first 72 hours after the seizure. They allow you to minimize the consequences of the attack and create a solid evidence base for further protection of the condominium’s rights in court.

1. Check the changes in the Unified State Register. Immediately receive a current extract to find out what data has been changed in the register.
2. Notify the bank and counterparties in writing that there have been no official changes in the condominium’s management, and ask to temporarily “freeze” all actions on the accounts — payments, signatures, card changes.
3. Block access to the CEP. If the CEP keys or files have disappeared, contact the company that issued them with a request to block or reissue the keys.
4. Cancel the powers of attorney that the attackers could have used.
5. Collect all the evidence. Minutes, bulletins, messages, video recordings of meetings, correspondence – everything that can confirm your lawful activities.

The collected evidence will become the legal basis for further protection, and operational actions help slow down the activity of the raiders and prepare to restore control over the condominium.

Appealing registration actions at the Ministry of Justice of Ukraine

The so-called administrative track or complaint to the Ministry of Justice is another effective lever of influence on raiders. You can file a complaint with the central office of the Ministry of Justice or with the territorial department, depending on who carried out the illegal registration action. The complaint should demand:

• to cancel the illegal entry in the Unified State Register;
• to restore the previous information about the management and data of the condominium association;
• to hold the registrar accountable for disciplinary action.

In order for your complaint to have legal force and be considered without delay, the document must be drawn up as clearly and concisely as possible. Be sure to indicate the following data in it:

• full details of the condominium association and contact details;
• a description of the registration action that you are appealing (number, date of registration, name of the entity that carried it out);
• a clear description of the violations – forgery of documents, lack of quorum, violation of the charter, false signatures or powers of attorney;
• specific requirements – cancel the entry, consider the evidence, check the original documents on the basis of which the changes were made to the register.

The complaint is usually accompanied by the charter of the condominium association, meeting minutes, powers of attorney, video recordings, extracts from the register “before” and “after”, as well as evidence of improper notification of co-owners. The complaint can be filed in person, by mail or electronically (if technically possible).

Judicial protection of the condominium after raider intervention

In parallel with the administrative procedure, it is worth acting in court. In this case, a lawyer can become a key figure: he helps to correctly draw up documents, prepare applications, lawsuits and appeals to the police for the opening of criminal proceedings.

Administrative lawsuit

An administrative lawsuit is filed in order to cancel the illegal actions of the registrar or notary and restore the previous information in the Unified State Register. It is best to apply to the district administrative court at the location of the defendant (registrar, notary or registration authority). Together with the lawsuit, it is advisable to file two petitions:

• on securing evidence – requesting materials from the registration case;
• on prohibiting registration actions regarding the condominium until the dispute is resolved.

Such actions allow you to quickly block further manipulations with the register.

Claim to invalidate decisions of meetings or boards

Such a claim is filed in cases where forged documents have become the basis for changes in management. Usually, the dispute is considered by the regional commercial court at the location of the defendant or by agreement of the parties. The claim should demand the return of seals, documents or other property if they were stolen or illegally seized.

Statement to the police

Contact the police and file a statement on the fact of forgery of documents, misappropriation of property or unauthorized interference in information systems. Ask to conduct urgent investigative actions, in particular: seizure of documents from the registrar, recordings from surveillance cameras, interrogation of witnesses. In any case, it is important to ensure the preservation of the evidence base: apply to the court to request the materials of the registration case and prohibit the introduction of new changes until the end of the consideration.

How can a lawyer help if a raider attack on an condominium has already taken place

After a raider takes over an condominium, a lawyer literally becomes a “crisis manager” who coordinates actions, helps to respond quickly and restore legality. When protecting a condominium from raiding, a lawyer carries out the following procedures:

• assessing the situation and recording violations. The lawyer checks what changes have occurred in the Unified State Register, analyzes the documents on the basis of which the illegal registration was carried out, and helps to correctly record evidence.
• preparing a complaint to the Ministry of Justice. The lawyer forms a clear, legally verified complaint to the Ministry of Justice with a demand to cancel the illegal registration actions, return the legal management of the condominium and hold the registrar accountable. The lawyer knows the requirements for the complaint form, so the prepared document has a better chance of being quickly considered without returns and delays.
• formulation and filing of an administrative lawsuit. If the raiders used the illegal actions of the registrar or notary, the lawyer prepares an administrative lawsuit to cancel them. He can also file a petition to recover the registration case and prohibit new actions in the register until the dispute is resolved.
• judicial protection of the decisions of the condominium association. In cases where the raiders forged documents or meeting minutes, the lawyer helps to file a lawsuit to declare them invalid.
• legal support for an appeal to the police. The lawyer draws up a statement of the crime with a detailed description of the raiders’ actions, a list of violated articles of the Criminal Code and a reference to evidence. He monitors that the proceedings are opened and ensures that the case is not “lost” in the system.
• protection of interests at all stages. After the opening of a court or administrative case, the lawyer represents the condominium association, participates in meetings, files objections, appeals, and monitors the implementation of decisions.

Raider attacks on condominium associations are a fairly common phenomenon. In the event of such a situation, it is worth immediately seeking help from lawyers specializing in raiding cases. Specialists will promptly assess the risks, determine further steps, and help protect the rights and interests of co-owners.