It often happens that you have entered into an access agreement to the building to provide telecommunications in it, which agreement provides for the obligation to pay specific payments to housing communities or housing cooperatives. Does this mean that you have no way of interfering with such a contract and you are "condemned" to the necessity of continuous payment regulation despite the fact that the contracts will last for a long period? Not necessarily.
According to art. 30 paragraph 3a mega-set access to real estate to provide telecommunications in the building is free of charge (except for the costs of electricity that powers the operator's equipment and real costs). In my opinion, the wording of art. 30 paragraph 3a of the mega-Act indicates that this provision is mandatory. The above seems to be confirmed by the President of UKE in his position from December 2013, indicating that there are no grounds for demanding remuneration for access to real estate to ensure telecommunications in the building, however, the Courts may assess this provision differently, as he has not been considered so far Higher courts.
Contractual provisions not complying with generally applicable provisions are invalid pursuant to art. 353 (1) in connection from art. 58 § 1 of the Civil Code. Thus, one may attempt to annul the provisions providing for fees for access to real estate to ensure telecommunications in the building.
However, in my opinion, as a precaution, you can also use the procedure specified in art. 23 clause 3 in relation from art. 30 paragraph 5 mega acts and submit an application to the President of UKE for the amendment of the access agreement.
Therefore, the following steps should be taken:
1. submit an application to the owner, administrator or perpetual usufructuary with a position regarding the collection of remuneration and an annex to the contract removing the adverse decision;
2. in the absence of action on the part of the owner, administrator or perpetual usufructuary, submit to the President of UKE an application to change the content of the contract.
