On approval of the Rules for ensuring the return of money owners of apartments, non-residential premises related with repairs and replacement of elevators, major repairs multi-apartment residential building in the city of Ridder

On approval of the Rules for ensuring the return of money

owners of apartments, non-residential premises related

with repairs and replacement of elevators, major repairs

multi-apartment residential building in the city of Ridder

 

In accordance with subparagraph 11) of paragraph 2 of Article 10-3 of the Law of the Republic of Kazakhstan “On Housing Relations”, subparagraph 16-5) of paragraph 1 of Article 31 of the Law of the Republic of Kazakhstan “On Local Public Administration and Self-Government in the Republic of Kazakhstan”, the Akimat of the city of Ridder DECIDES :

  1. To approve the Rules for ensuring the return of money by owners of apartments and non-residential premises related to the repair and replacement of elevators, and major repairs of an apartment building in the city of Ridder in accordance with the appendix to this resolution.
  2. Control over the implementation of this resolution shall be assigned to the supervising deputy akim of the city of Ridder .
  3. This resolution shall come into effect upon expiry of ten calendar days after the date of its first official publication .

 

 

 

Appendix to the resolution of the Akimat of the city of Ridder

from " ____ " ______ 2025 No. __

 

Rules for ensuring the return of funds by owners of apartments and non-residential premises related to the repair and replacement of elevators and major repairs of an apartment building in the city of Ridder

 

Chapter 1. General Provisions

 

  1. These Rules for ensuring the return of money by owners of apartments and non-residential premises related to the repair and replacement of elevators, major repairs of an apartment building in the city of Ridder (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 11) of paragraph 2 of Article 10-3 of the Law of the Republic of Kazakhstan " On Housing Relations " (hereinafter referred to as the Law), other regulatory legal acts and determine the procedure for ensuring the return of money by owners of apartments and non-residential premises related to the repair and replacement of elevators, major repairs of an apartment building in the city of Ridder.
  2. The following basic concepts are used in these Rules:

1) management company – an individual or legal entity providing services for the management of a condominium property on the basis of a concluded agreement;

2) Voting is the process of adopting decisions by the owners of apartments and non-residential premises related to the management of the condominium facility and the maintenance of the common property of the condominium facility, as well as by the owners of parking spaces and storage rooms related to the maintenance of parking spaces and storage rooms, carried out by open expression of will at a meeting held in person or by written survey. Owners of apartments, non-residential premises, parking spaces, storage rooms at a meeting held in person or by written survey may vote through information technology facilities in the field of housing relations and housing and communal services;

3) a manager of an apartment building - a citizen of the Republic of Kazakhstan who is not the owner of an apartment, non-residential premises, parking space, or storage room in the managed apartment building, and who meets the qualification requirements approved by the authorized body;

4) the council of an apartment building (hereinafter referred to as the house council) is a collegial governing body of a condominium property, elected from among the owners of apartments and non-residential premises;

5) a meeting of owners of apartments and non-residential premises of a multi-apartment residential building (hereinafter referred to as the meeting) is the highest governing body of a condominium facility, ensuring collective discussion and decision-making by owners of apartments and non-residential premises related to the management of the condominium facility and the maintenance of the common property of the condominium facility, by voting;

6) the total area of the dwelling is the sum of the usable area of the dwelling and the areas of balconies (loggias, verandas, terraces), calculated using reduction factors in accordance with regulatory and technical acts;

7) physical deterioration of housing - loss of original technical and operational qualities (strength, stability, reliability, etc.) as a result of exposure to natural, climatic and other factors;

8) the total area of a residential building (residential house) is the sum of the total areas of all dwellings and the areas of all non-residential premises, as well as the areas of parts of a residential building that are common property;

9) common-house engineering systems - systems of cold and hot water supply, water disposal, heat supply, gas supply, electricity supply, smoke removal, fire alarm, internal fire-fighting water supply, freight and passenger elevators (lifts), garbage disposal, air conditioning, ventilation, temperature control and vacuuming, low-current engineering systems located in a multi-apartment residential building outside or inside an apartment, non-residential premises, parking space, storage room and serving two (two) or more apartments, non-residential premises, parking space, storage room;

10) a condominium property is a single property complex consisting of apartments, non-residential premises, parking spaces, storage rooms, which are in individual (separate) ownership, and common property that cannot be in individual (separate) ownership and belongs to the owners of apartments, non-residential premises, parking spaces, storage rooms on the basis of common shared ownership, including a single indivisible land plot under an apartment building and (or) an adjacent land plot;

11) common property of a condominium facility - parts of a condominium facility (facades, entrances, vestibules, halls, corridors, stairways and landings, elevators, roofs, attics, technical floors, basements, common building engineering systems and equipment, subscriber mailboxes, a land plot under an apartment building and (or) an adjacent land plot, improvement elements and other common property), except for apartments, non-residential premises, parking spaces, storage rooms that are in individual (separate) ownership;

12) major repairs of common property of a condominium facility - 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 ones that improve the operational performance of the objects being repaired, carried out with the aim of restoring the resource of an apartment building;

13) maintenance of common property of a condominium facility - a set of works or services for technical operation, sanitary maintenance and routine repairs of common property of a condominium facility;

14) a multi-apartment residential building - a detached building with a single foundation on a single indivisible land plot, consisting of the common property of a condominium facility, which is common shared property, and two or more apartments, non-residential premises that have independent exits to a land plot adjacent to the multi-apartment residential building, or to other parts of the common property of the condominium facility;

15) an association of owners of property of a multi-apartment residential building (hereinafter referred to as an association of property owners) is a legal entity that is a non-profit organization, formed by the owners of apartments and non-residential premises of one multi-apartment residential building, managing the condominium property, financing its maintenance and ensuring its safety;

16) expenses for major repairs of the common property of the condominium facility - mandatory monthly contributions of the owners of apartments and non-residential premises for major repairs of the common property of the condominium facility or its individual parts;

17) a specialized authorized organization (hereinafter referred to as the Operator) - an organization designated by local executive bodies to carry out major repairs of multi-apartment residential buildings.

  1. These Rules do not apply to reimbursement by owners of apartments and non-residential premises of multi-apartment residential buildings for expenses related to the repair of facades and roofs of multi-apartment residential buildings aimed at creating a unified architectural appearance within the city of Ridder.
  2. Owners of apartments and non-residential premises participate in the costs of managing the condominium property and maintaining the common property of the condominium property and bear the obligations provided for by the Law.
  3. Owners of apartments and non-residential premises shall take measures to maintain the common property of the condominium and ensure its safe operation, including carrying out routine and major repairs of the common property of the condominium.

 

Chapter 2. The procedure for organizing the repayment of money by owners of apartments and non-residential premises related to the repair and replacement of elevators, and major repairs of an apartment building in the city of Ridder.

 

  1. The State Institution “ Department of Housing and Public Utilities, Passenger Transport and Highways of the City of Ridder ” (hereinafter referred to as the Department) shall initiate a meeting of owners of apartments and non-residential premises to form a list of elevators subject to repair and replacement, as well as multi-apartment residential buildings subject to major repairs at the expense of budgetary funds.
  2. Owners of apartments and non-residential premises make a decision at a meeting to participate in the major repairs of an apartment building, repairs and replacement of elevators at the expense of the local budget.

The meeting is authorized to make a decision if more than half of the total number of owners of apartments and non-residential premises participate in it.

The decision is made with the consent of the majority of the total number of owners of apartments and non-residential premises who directly took part in the voting, with the exception of the issue of making a decision on carrying out major repairs of the common property of a condominium facility, for which the decision is made with the consent of the majority of the total number of owners of apartments and non-residential premises.

Every owner of an apartment or non-residential premises has the right to know how other owners of apartments or non-residential premises voted.

  1. If a meeting previously announced in person fails to take place due to lack of a quorum, the meeting is held by written vote. The meeting is held at the initiative of the building council, the chairperson of the property owners' association, a trustee of the simple partnership, or at the request of the audit commission (auditor), or at the initiative of the Department, or at the request of at least ten percent of the owners of apartments or non-residential premises.
  2. If a negative decision is made at the meeting, work related to the repair and replacement of elevators and major repairs of the apartment building will not be carried out.
  3. In case of a positive decision, the Department, based on the approved list of apartment buildings requiring repair and replacement of elevators, and major repairs of the building:

1) conducts a technical inspection of the common property of the condominium;

2) organizes work on developing cost estimates for the repair of elevators or preparing design and estimate documentation for the major repairs of an apartment building (replacement of elevators) with the subsequent receipt of an expert opinion on the relevant projects at the expense of the local budget;

3) informs the owners of apartments and non-residential premises of multi-apartment residential buildings (if any) about the planned work and the expected timing of its implementation by posting information messages at the entrances of buildings and sending notifications to the chairmen of property owners' associations and the entities managing the condominium property in person or by mail.

4) takes part in commissions for acceptance of completed work.

  1. Upon fulfillment of the terms of the agreement on accumulation of funds for capital repairs of the common property of the condominium facility, including accumulation of funds in a savings account of at least 50 (fifty) percent of the approved cost estimate for at least 3 years, the property owners' association or the management entity of the condominium facility applies to a second-tier bank to obtain a housing loan.
  2. Based on the results of the inspection of the technical condition of the building (elevators), the Department organizes a meeting of the owners of apartments and non-residential premises of the multi-apartment residential building.
  3. When deciding to carry out major repairs to the common property of a condominium or individual parts thereof, the owners of apartments and non-residential premises of a multi-apartment residential building shall make the following decisions at a meeting:

1) on approval of the cost estimate for carrying out major repairs of the common property of a condominium facility or its individual parts;

2) on spending money accumulated in a savings account;

3) on the approval of design and estimate documentation for the repair of common property of a condominium facility;

4) on the timing of major repairs of the common property of the condominium facility.

5) select responsible persons from among the owners of premises (apartments) to participate in the acceptance of completed work.

  1. The house council selects the contractor for major repairs of the condominium's common property. The house council monitors the targeted spending of funds for major repairs of the condominium's common property.
  2. The operator ensures:

1) concluding contracts for the performance of major repairs with management bodies and owners of apartments and non-residential premises;

2) execution of major repairs in accordance with the contract;

3) concluding contracts with subcontracting organizations, if necessary;

4) taking measures to eliminate deficiencies committed during repair work;

5) coordination of design and estimate documentation and estimates with the owners of apartments and non-residential premises of an apartment building.

 

Chapter 3. Final Provisions

 

  1. The major repairs of an apartment building using refundable funds from the owners of apartments and non-residential premises are carried out by the Operator.
  2. The funds returned by the owners of apartments and non-residential premises may, by decision of the local executive body, be used by the Operator for the repair of another multi-apartment residential building.
  3. The chairman of the property owners’ association, the entity managing the condominium property, or the house council, upon discovering any deficiencies made during major repairs, shall contact the contractor, as well as the Operator or local executive bodies, to eliminate the identified deficiencies.
  4. The Operator, the contractor, the Department, technical supervision, the author's supervision, as well as the house council, the chairman of the property owners' association or the entity managing the condominium facility participate in the acceptance and commissioning of a multi-apartment residential building undergoing major repairs.
  5. Owners of apartments and non-residential premises, after signing the acceptance certificate for the completed work, ensure full repayment of the amount of the budget loan received.
  6. Owners of apartments and non-residential premises make monthly contributions to a savings account in a second-tier bank, intended for accumulating money for major repairs of the common property of the condominium.
  7. Accumulated funds from the account in the second-tier bank are transferred to the Operator as payment for the work performed.
  8. When transferring ownership of an apartment or non-residential premises in a multi-apartment residential building, the seller pays off the accrued amount of outstanding monthly payments on a budget loan (housing loan) at the time of sale of the apartment or non-residential premises for major repairs of the multi-apartment residential building and repair (replacement) of elevators.
  9. Relations not regulated by these Rules shall be regulated in accordance with the current legislation of the Republic of Kazakhstan.

 

Дата публикации
14 ноября 2025