The existing CAO (cooperatives of apartment owners) should be replaced by APO (associations of property owners) or SP (simple partnerships).
They will work according to the scheme: one house - one governing body (APO or SP) - two bank accounts (current and savings).
This is an alternative to CAO, in which the owners themselves monitor and are responsible for their housing.
In our material, we will tell you what an association of property owners (APO) is, what they will have to spend on and what their obligations will be.
After the creation of the APO, the residents of the house need to hold a meeting and accept the cost estimate.
Money can be spent from a major overhaul account to repair the roof, façade, and other high-value parts of the common property of the condominium.
And the money from the account "For housing maintenance" is divided: no more than 30 percent goes to management, no more than 70 percent - to the maintenance of common property.
State registration of the condominium object of a condominium accepted into operation is carried out by the customer (developer), and functioning condominiums - by local executive bodies of cities of republican significance, the capital, districts, cities of regional significance at the expense of the local budget.
Common property of the condominium object - parts of the condominium object (facades, entrances, lobbies, halls, corridors, stairways and stair landings, lifts, roofs, attics, technical floors, basements, common engineering systems and equipment, subscription mailboxes, land plot under the apartment building and (or) adjacent land plot, elements of improvement and other property of common use), except for flats, non-residential premises, parking spaces, storerooms, which are in individual (separate) ownership.
The following expenses shall be included for the management of the condominium facility:
- compulsory accident insurance for employees;
- service fees for printing and processing payments for the costs of managing the condominium unit and maintaining the common property of the condominium unit, as well as accumulation for capital repairs, earmarked contribution;
- expenses related to enforced debt collection (notary services, postal services, state duty and other).
The following expenses shall be included for the maintenance of the common property of the condominium unit:
- removal of bulky waste
At the first meeting, the owners of apartments, non-residential premises must choose:
The owners of apartments, non-residential premises are obliged to choose one of two forms of management:
At the same time, both forms of condominium management will operate on the principle of “one house-one association or simple partnership-two bank reports”, which implies that each association of property owners or a simple partnership will open its own current and savings bank accounts.
Further at the meeting are elected the following:
The chairman of the APO is elected from among the owners of apartments, non-residential premises of an multi apartment building and carries out management functions, concludes independently contracts for the provision of services with the subjects of service activities.
He is elected from among the apartment owners for a period of one year. The chairman performs the following functions:
The chairman of the APO has the right to represent the association in all courts, state bodies and organizations without a power of attorney.
The amount of remuneration for the chairman of the APO is agreed upon at the meeting by all owners of an apartment building.
When preparing documents, it is necessary to use standard forms of the minutes of the meeting and survey sheets, in accordance with the Rules approved by order of the MIIR RK No. 163 on March 30, 2020. Voting sheets must be numbered and stitched together with the protocol.
The APO charter must be submitted to the registering authority in two languages: state (2 copies) and Russian (2 copies). When developing the charter, it is also easiest to take as a basis the Model Charter of the Association of Property Owners, which was developed just in order to make life easier for apartment owners.
If the apartment owners decide to develop the charter of their APO independently, it is necessary to include the fundamental norms of the Law of the Republic of Kazakhstan "On Housing Relations".
The name of a legal entity in accordance with the Civil Code of the Republic of Kazakhstan should not completely or substantially duplicate the name of the other already registered legal entities.
If you find it difficult to choose the name of the APO take the name of the residential complex or the address of an apartment building.
As the location of a legal entity, you can specify the actual address of the APO office or the home address of the APO head.
The chairman of the APO must be fully capable, not have an outstanding and unexpunged conviction for crimes, premeditated bankruptcy, as well as debts for executive documents.
When filling out an application for state (accounting) registration of a legal entity, branch (representative offices), it is necessary to specify the code OKED 68.32.1 - "Real estate management for remuneration or on a contractual basis".
The meeting of the owners of apartments, non-residential premises on the transition from CAO to APO or on other issues is convened at the initiative of the council of the condominium, the trustee of a simple partnership, or at the request of the audit commission, or at the request of at least 10 percent of the owners of apartments and non-residential premises, or at the request of the housing inspection.
In order to create an APO, there is no need to contact the local governor office (akimat), it is enough to hold a meeting of owners of apartments and non-residential premises.
If the owners of apartments and non-residential premises of multi-apartment residential buildings, within one year from the date of entry into force of the adopted Law of December 26, 2019, do not create an APO or a simple partnership, then the local executive bodies are obliged to ensure that a meeting of owners of apartments and non-residential premises of an apartment building is held for the election of a council of and the selection of the form of management of the condominium object.
Apartment owners' cooperatives (AOC) will not be abolished automatically, but must be liquidated into the managing or service companies. Already in the new status, they will continue their activities for the maintenance of houses. The created APO or simple partnerships will decide whether to conclude an agreement with them or not.
If earlier CAO simultaneously acted as a customer and a contractor of services for the maintenance of the common property of an apartment building, then APO will act only as customers. There will not be many employees in the staff.
That is, tenants will attract managing or service organizations, conclude contracts with contractors, utility services and control the volume and types of work performed and their payment for their condominium facility.
The chairman of the APO within 15 working days from the date of election is obliged to open two accounts in a second-tier bank:
You cannot refuse to open accounts.
Liability is provided for violation of the terms of opening current and savings accounts for a condominium object in second-tier banks.
The sanction first foresees a warning.
If violations are not eliminated within a year, then a fine is established