On approval of the Rules for making decisions on the management of the condominium object and the maintenance of the common property of the condominium object, as well as standard forms of the minutes of the meeting

Unofficial translation

In accordance with subparagraph 9) articles 10-2 of the Law of the Republic of Kazakhstan dated April 16, 1997 "On housing relations" I ORDER:

1. To approve:

1) The rules for making decisions on the management of the condominium object and the maintenance of the common property of the condominium object, in accordance with appendix 1 to this order;

2) Standard forms of the minutes of the meeting in accordance with the appendix to this order, in accordance with appendix 2 to this order.

2. Declare invalid order Of the Minister of National Economy of the Republic of Kazakhstan dated March 20, 2015 No. 243 "On Approval of the Standard Forms of the Minutes of the Meeting of the Owners of Premises (Apartments) and the Voting List When Conducting a Written Survey of the Owners of Premises (Apartments), a Report on the Management of the Condominium Object" of legal acts No. 10573, published on April 29, 2015 in the information and legal system "Adilet").

3. The Committee for Construction and Housing and Communal Services of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan, in the manner prescribed by law, shall ensure:

1) state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;

2) posting this order on the Internet resource of the Ministry of Industry and Infrastructure Development of the Republic of Kazakhstan.

4. Control over the execution of this order shall be entrusted to the supervising vice minister of industry and infrastructure development of the Republic of Kazakhstan.

5. This order shall be enforced upon the expiration of ten calendar days after the day of its first official publication.

Acting
Minister of Industry and
infrastructure development
Republic of Kazakhstan

K. Uskenbaev

Appendix1 to order
dated March 30, 2020 No. 163

Rules
for making decisions on the management of the condominium object and
the maintenance of the common property of the condominium object

Chapter 1. General Provisions

1. These Rules for making decisions on the management of the condominium object and the maintenance of the common property of the condominium object (hereinafter referred to as the Rules) are developed in accordance with subparagraph 9) Articles 10-2 of the Law of the Republic of Kazakhstan dated April 16, 1997 "On Housing Relations" (hereinafter - the Law) and regulate relations arising at a meeting between apartment owners, non-residential premises in the process of making decisions on management object condominium and maintenance common property condominium object.

2. The following basic concepts are used in these Rules:

1) voting - the process of making decisions by the owners of apartments, non-residential premises related to the management of the condominium object and the maintenance of the common property of the condominium object, carried out by means of an open expression of will at a meeting held in private or through a written survey. Voting can be done through objects informatization in the field of housing relations and housing and communal services;

2) an association property owners of an apartment building (hereinafter - the association of property owners) - a legal entity that is non-profit an organization formed by the owners of apartments, non-residential premises of one multi-apartment residential building, which manages the condominium object, finances its maintenance and ensures its safety;

3) collection owners of apartments, non-residential premises of an apartment building (hereinafter referred to as the meeting) - the supreme governing body of the condominium object, ensuring collective discussion and decision-making by the owners of apartments, non-residential premises related to the management of the condominium object and the maintenance of the common property of the condominium object, by voting;

four) advice multi-apartment residential building (hereinafter referred to as the house council) - the management body of the condominium object, elected from among the owners of apartments, non-residential premises.

Chapter 2. Procedure for holding a meeting

3. The meeting can be held in the following forms:

1) by means of an open expression of will, carried out by prior arrangement;

2) by written questioning;

3) by discussion and voting by objects informatization...

4. The meeting is held at least once a year. The meeting is convened on the initiative council at home, trustee simple partnership or on demand audit commission, either at the request of at least ten percent of the owners of apartments, non-residential premises, or on the initiative housing inspection.

5. The owners of apartments, non-residential premises are notified of the forthcoming meeting at least ten days in advance about the date of the meeting individually, as well as by e-mail or cellular communication and by placing an announcement in public places.

6. Notices of a meeting shall indicate:

1) date, place, time of the meeting.

2) the agenda of the meeting;

3) information about the initiator of the meeting;

4) the form of holding this meeting (by means of an open expression of will at a meeting held in private or by written questioning);

5) the procedure for familiarization with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.

Materials at the meeting are provided by the initiator for familiarization with the owners of apartments, non-residential premises, as well as persons entitled to participate in the meeting, upon request of the owner of the apartment, non-residential premises before the start of the meeting.

When convening a meeting on the initiative of at least ten percent of the owners of apartments, non-residential premises, the notification is drawn up in accordance with appendix 4 to these Rules.

7. The owners of apartments, non-residential premises participate in the meeting personally or through their representatives. Representatives of the owners of apartments, non-residential premises submit documents confirming their proper authority (power of attorney or lease agreement(sublease) of a dwelling provided from the public housing stock, where the tenant (subtenant) takes part in the management of the condominium object and can vote). The power of attorney issued to the representative of the owner of apartments, non-residential premises, contains information about the represented and the representative (surname, name, patronymic) and is drawn up in accordance with the requirements legislation.

8. To determine the eligibility of the meeting, it is required to start registering in the registration sheet of owners of apartments, non-residential premises in an apartment building, participating in the meeting in accordance with appendix 1 to these Rules.

The registration sheet of the owners of apartments, non-residential premises contains the following information:

1) identification data of the owner of apartments, non-residential premises (last name, first name, patronymic) or identification data of the representative of the owner of apartments, non-residential premises (last name, first name, patronymic), information about the document on which his powers are based, the term of such powers;

2) the number of the apartment or non-residential premises (cell phone number, email address of the owner of the apartment, non-residential premises, to which messages on holding general meetings can be sent).

If the owner of an apartment, non-residential premises owns several apartments, non-residential premises, he is registered for each apartment, non-residential premises separately.

9. The meeting, held by order of the owners of apartments, non-residential premises, opens at the time specified in the notification of the meeting by the initiator of the meeting.

10. Organizational and procedural issues of holding a meeting by a personal order are resolved by the initiator of the meeting.

The procedural and organizational issues of conducting such a meeting include the following issues:

1) the procedure for holding a meeting and other procedural issues;

2) election of the chairman of the meeting;

3) election of the secretary of the meeting;

4) determination of the turnout and the presence of a quorum;

5) other issues related to the holding of the meeting and decision-making on the management of the condominium facility and maintenance of the common property of the condominium facility of an apartment building.

At a meeting held by a meeting, the owners of apartments, non-residential premises make decisions not only on the issues included in the agenda, but also on other issues that have arisen during the meeting.

Chapter 3. Procedure for making a decision

11. The meeting is competent 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 taken with the consent of the majority of the total number of owners of apartments, non-residential premises who directly took part in the voting on the following issues:

1) election of members of the council of the house, re-election, as well as early termination of their powers;

2) election audit commission (auditor), re-election, as well as early termination of their powers;

3) deciding on the choice forms of management a condominium object or delegation of authority to choose a form of management advice at home;

4) deciding on the choice manager apartment building or managing company or delegation of such authority advice at home;

5) statements charter associations of property owners or conclusion contract simple partnership;

6) statements cost estimates for the management of the condominium object and the maintenance of the common property of the condominium object for one calendar year, as well as for making changes and additions to it;

7) statements annual report for the management of the condominium object and content the common property of the condominium object on the execution of the cost estimate for the management of the condominium object and the maintenance of the common property of the condominium object for one calendar year;

8) making a decision to transfer the apartment to the owner, non-residential premises parts common property of the condominium object in property lease (rent);

9) agreeing, if necessary, the amount of remuneration to the council of the house and the audit commission (auditor) based on the results of activities for the reporting period;

10) agreeing on the amount of remuneration for the chairman of the association of property owners, a trustee simple partnership;

11) other issues related to the management of the condominium object and the maintenance of the common property of the condominium object.

12. The meeting makes a decision in the presence of more than two thirds of the total number of owners of apartments, non-residential premises on the following issues:

1) definitions common property the condominium object, as well as changes in its composition;

2) approval size expenses for the management of the condominium object and the maintenance of the common property of the condominium object;

3) approval of the amount of payment for the maintenance of the parking space;

4) making a decision to conduct overhaul common property of the condominium object (modernization, reconstruction, restoration), on the approval of the cost estimate for the overhaul of the common property of the condominium object;

5) deciding on the collection earmarked contributions and their size;

6) making a decision on spending money accumulated in a savings account, as well as obtaining a housing loan for overhaul common property of the condominium object.

The decision is made with the consent of more than two-thirds of the total number of owners of apartments, non-residential premises.

13. The minutes of the meeting are kept by the elected secretary of the meeting and drawn up in accordance with the standard form of the minutes in accordance with form 1 Appendix 2 to this Order.

14. Voting sheet of owners of apartments, non-residential premises, indicating their last name, first name, patronymic (if it is indicated in document identity), apartment numbers, non-residential premises is drawn up in accordance with appendix 2 to these Rules. A separate voting sheet is filled in for each question submitted for discussion. Voting sheets are an integral part of the minutes of the meeting; they are stitched and numbered.

15. The meeting may be held by written poll, if the previously announced meeting did not take place in person due to the absence of a quorum. The decision to conduct a written survey and its timing is taken by the house council.

16. To organize a meeting by conducting a written survey, the house council has the right to determine an initiative group from among the owners of apartments, non-residential premises.

17. In the event that a meeting is held by a written survey, along with a notification of such a meeting with an indication of the agenda, a written survey sheet is sent on purpose or by e-mail to each owner of an apartment, non-residential premises within seven calendar days from the date of the announcement of a written survey. The written survey sheets are drawn up in the form according to appendix 3 to these Rules and are an integral part of the minutes of the meeting, are stitched and numbered.

18. The owner of an apartment, non-residential premises in the written survey sheet indicates the surname, name, patronymic (if it is indicated in document identity), apartment number, non-residential premises, fills in his own opinion on each issue put to the vote and signs sheet written survey. A written survey is conducted within a period of not more than one month from the date of the meeting announcement.

19. The House Council or an initiative group collects and accepts written survey sheets on purpose or by e-mail for accounting and drawing up a written survey protocol.

20. Voting results are summed up collectively as members of the house council, the chairman of the property owners association. or a trusted person a simple partnership, or a representative of the management company, or the manager of an apartment building (if any).

21. The results of voting by means of a written survey are drawn up in a protocol in accordance with form 2 Appendix 2 to this Order and posted in public places.

22. When voting is carried out by means of informatization objects in the field of housing relations and housing and communal services, the owner of an apartment, non-residential premises on an issue put to vote sheets written survey can be sent in electronic format, where the owner of the apartment, non-residential premises fills out the electronic survey sheet and confirms the electronic digital signature or via SMS - confirmation to the number, registered in the base of mobile numbers of the electronic Government of the Republic of Kazakhstan.

The results of electronic voting are recorded by means of objects informatization in the sphere of housing relations and housing and communal services.

23. The results of voting by means of a written survey on paper, as well as an electronic survey sheet are summarized and drawn up in a protocol in accordance with typical forms protocol and are posted in objects of informatization in the field of housing relations and housing and communal services, or is formalized directly in objects of informatization in the field of housing relations and housing and communal services in accordance with Regulations shaping, processing, as well as centralized collection and storage of information in electronic form, including the functioning of objects of informatization in the field of housing relations and housing and communal services.

24. In the case of electronic registration of the protocol, the chairman, secretary, members of the council of the house sign an electronic digital signature...

25. Decisions made by the meeting, drawn up in a paper protocol or a printed electronic protocol, are a document when considering controversial and other issues in court, other state bodies and organizations as an expression of the will of the owners of apartments, non-residential premises, and also serves as the basis for calculating housing assistance.

26. Each owner of an apartment, non-residential premises has the right to know how other owners of apartments, non-residential premises have voted.

Appendix1
to the Decision Rules
facility management
condominium and maintenance
common property of the object
condominium

Registration sheet of owners of apartments, non-residential premises
of an apartment building participating in the meeting "" _____ 20_

Location of an apartment building: _______________

No.	Surname First name Patronymic (if any)	Apartment No.	non-residential premises	Signature
1.
2.
3.

      Chairman of meeting: _______________             _____________
                        (FULL NAME.)             (signature)
      Meeting secretary: _______________                   ____________
                        (FULL NAME.)                   (signature)
      House Council Member: ______________                   ___________
                        (FULL NAME.)                   (signature)
      House Council Member: _____________                   ___________
                        (FULL NAME.)                   (signature)
      House Council Member: ____________                   ___________
                        (FULL NAME.)                   (signature)

Appendix 2
to the Decision Rules
facility management
condominium and maintenance
common property of the object
condominium

Voting list of owners of apartments, non-residential premises who voted at the meeting (carried out by means of a meeting)

"__" _________ 20___

time ________

Location of an apartment building: ________________________

Question brought up for discussion: _____________________________________

No.	Surname First name Patronymic (if any)	Apartment No.	non-residential premises	I vote
No.	Surname First name Patronymic (if any)	Apartment No.	non-residential premises	"Per" (signature)	"Vs" (signature)	"I will refrain" (signature)
1.
2.
3.

      Chairman of meeting: _______________             ___________
                              (FULL NAME.)                   (signature)
      Meeting secretary: _______________                   ___________
                              (FULL NAME.)                   (signature)
      House Council Member: ______________                   ___________
                        (FULL NAME.)                         (signature)
      House Council Member: _____________                         ___________
                        (FULL NAME.)                         (signature)
      House Council Member: ____________                         ___________
                        (FULL NAME.)                         (signature)

Appendix 3
to the Decision Rules
facility management
condominium and maintenance
common property of the object
condominium

Sheet No. ___ of voting when conducting a written survey of owners of apartments, non-residential premises

_________ "__" _________ 20___

time ________

Location of an apartment building: _____________________________

Responsible persons: _______________________________________________________

__________________________________________________________________________

(appointed from among the owners of apartments, non-residential premises)

No.	Questions contributed for discussions:	I vote
No.	Questions contributed for discussions:	"Per" (signature)	"Vs" (signature)	"I will refrain" (signature)
.
2.
3.

FULL NAME. owner of an apartment, non-residential premises ____________________________

________________________________________ \ _________________________________

Address of the owner of the apartment, non-residential premises ____________________________

__________________________________________________________________________