Overhaul of the common property of the condominium object

This procedure for capital repairs of the common property of the condominium object was developed in accordance with the Law of the Republic of Kazakhstan "on housing relations" (hereinafter – the Procedure).

The following concepts are used in Order:

depositor of funds for capital repairs of the common property of a condominium object – an Association of owners of the property of an apartment building or a simple partnership of an apartment building that has concluded an agreement with a second-level Bank on the accumulation of funds for capital repairs of the common property of a condominium object, which acts on behalf of the owners of apartments, non-residential premises of an apartment building;

Agreement on accumulation of funds for capital repairs of the common property of the condominium object – an agreement on accumulation of funds for capital repairs of the common property of the condominium object, concluded between the Association of property owners/simple partnership and a second-level Bank;

housing loan – the target loan provided by the investor's savings for capital repair of common property of condominium objects in the purposes of paragraph 8 of article 3 of the Law of the Republic of Kazakhstan "On housing construction savings in the Republic of Kazakhstan", in accordance with the terms of the contract of Bank loan agreements on housing construction savings or the accumulation of funds for capital repair of common property of condominium objects;

capital repairs of the common property of the condominium object – a set of measures and works to replace worn-out structures, parts and engineering equipment of an apartment building with new or more durable and economical, improving the performance of the repaired objects, carried out in order to restore the resource of an apartment building;

A simple partnership is not a legal entity acting on the basis of a joint activity agreement concluded in accordance with the civil legislation of the Republic of Kazakhstan;

Association of property owners of an apartment building – (hereinafter-Association of property owners) - a legal entity that is a non-profit organization formed by the owners of apartments, non-residential premises of one apartment building, managing the object of the condominium, financing its maintenance and ensuring its safety;

expenses for major repairs of the common property of the condominium object – mandatory monthly contributions of owners of apartments, non-residential premises for major repairs of the common property of the condominium object or its individual parts.

the authorized body is the Central Executive body that provides leadership and inter-sectoral coordination in the field of housing relations and housing and communal services.

In accordance with the housing legislation, the decision to carry out major repairs of the common property of the condominium object (modernization, reconstruction, restoration) is taken at a meeting attended by more than two-thirds of the total number of owners of apartments and non-residential premises. The decision is made with the consent of more than two-thirds of the total number of owners of apartments and non-residential premises.

In this case, this decision is mandatory for all owners of apartments, non-residential premises in an apartment building.

Owners of apartments, non-residential premises of an apartment building, when making a decision to carry out major repairs of the common property of the condominium object (modernization, reconstruction, restoration) or its individual parts, must make the following decisions at the meeting:

a) about receiving a housing loan for capital repairs of the common property of the condominium object in case of fulfillment of the conditions stipulated in the agreement on accumulation of funds for capital repairs of the common property of the condominium object, including the accumulation of 50 (fifty) percent of the cost estimate for capital repairs and the expiration of the 3-year accumulation period;

b) approval of the cost estimate for capital repairs of the common property of the condominium object or its individual parts;

с) making a decision on spending money accumulated in a savings account;

d) on approval of the design and estimate documentation (PD) for the repair of the common property of the condominium object;

e) on the terms of capital repairs of the common property of the condominium object (no more than 12 months from the date of receipt of the housing loan).

Procedure for organizing major repairs of the common property of the condominium object by the Chairman of the Association of property owners, a Trustee of a simple partnership when providing a housing loan by second-level banks

To accumulate money for capital repairs of the common property of the condominium object, the Chairman of the Association of property owners or a Trustee of a simple partnership opens a savings account to accumulate money for capital repairs of the common property of the condominium object in one of the second-level banks, the list of which is determined by the specialized capital repair guarantee Fund on the basis of agreements concluded with second-level banks.

The specialized capital repair guarantee Fund is determined by the Government of the Republic of Kazakhstan to guarantee that a property owners ' Association or a simple partnership fulfills its obligation to repay a housing loan received for capital repairs of the common property of a condominium object, as well as the safety of savings for capital repairs of the common property of a condominium object, except for cases provided for by the legislation of the Republic of Kazakhstan on mandatory Deposit guarantee.

Payments to second-tier banks for obligations not fulfilled by the borrower in the framework of a housing loan received for the purpose of capital repairs of the common property of the condominium object are made by a specialized capital repair guarantee Fund.

Second-tier banks that have opened savings accounts make monthly contributions at their own expense in the amount established by the legislation of the Republic of Kazakhstan to the specialized capital repair guarantee Fund.

Participation in the accumulation of funds for major repairs of the common property of the condominium object for second-level banks is a right. If they participate in the accumulation of funds for major repairs of the common property of the condominium object, second-level banks must comply with the requirements Of the law "on housing relations".

The owner of the apartment, non-residential premises for the accumulation of money for capital repair of common property of object of the condominium shall monthly transfer to a savings account money in the amount of at least 0.005 times the monthly calculation index established for the appropriate financial year by the law on Republican budget, per square meter of usable area owned apartments, non-residential premises.

Owners of apartments and non-residential premises have the right to make a decision at the meeting on establishing a contribution for major repairs in the amount exceeding the amount of the contribution for major repairs of the common property of the condominium object provided for by the housing legislation.

At the same time, the meeting makes a decision if there are more than two-thirds of the total number of owners of apartments and non-residential premises. The decision is made with the consent of more than two-thirds of the total number of owners of apartments and non-residential premises.

An Association of property owners or a simple partnership provides information on each apartment or non-residential premises to a second-level Bank where a savings account is opened, indicating the number and useful area, as well as the amount of the monthly payment for each apartment or non-residential premises.

When transferring ownership of an apartment, non-residential premises in an apartment building, the funds accumulated by the former owner of the apartment, non-residential premises on the savings account are credited to the new owner of the apartment, non-residential premises.

The owner of an apartment or non-residential premises has no right to demand the return/allocation of their share of funds held in a savings account in second-tier banks.

When transferring ownership of an apartment, non-residential premises in an apartment building, the seller repays the entire amount of debt on contributions for major repairs (if available), which is fixed in the contract of sale of an apartment, non-residential premises.

If the owner of an apartment or non-residential premises does not pay the debt after the established payment date, the Chairman of the Association of property owners or a Trustee of a simple partnership in accordance with the Charter of the Association of property owners, the agreement of a simple partnership or the decision of the meeting has the right to apply to a notary or a court for compulsory debt collection.»;

Every owner of residential premises who pay contributions for capital repair of common property of object of the condominium, has the right to obtain information on the accumulated money he owned an apartment, non-residential premises.

On savings accounts is automated money by each apartment, non-residential premises, as well as on an ongoing basis provides information on savings account in the manner specified by the legislation of the Republic Kazakhstan, with observance of requirements of legislative acts of the Republic of Kazakhstan to disclosure of banking and other secrets protected by law.

An Association of property owners or a simple partnership independently keeps records of incoming money broken down by each apartment, non-residential premises and must provide information about the accumulation of money for major repairs of the common property of the condominium object at the request of the owner of the apartment, non-residential premises in paper form or in the form of an electronic document posted on a public Internet resource.