RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of October 4, 1999 No. 454

About approval of the Approximate regulations on procedure for transfer of apartment houses to management to partnership of private homeowners and its interactions with public authorities in questions of content and repair of housing stock

According to article 5 of the Law of the Republic of Uzbekistan "About condominiums" and the resolution of the Cabinet of Ministers of the Republic of Uzbekistan "About approval of the Concept of deepening of economic reforms in system of public service" of November 3, 1998 the No. 461 Cabinet of Ministers decides:

1. Approve:

- Approximate regulations on procedure for transfer of apartment houses to management to partnership of private homeowners and its interaction with public authorities in questions of content and repair of housing stock according to appendix No. 2.

2. To render the Uzbek agency "Uzkommunkhizmat" together with Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent necessary assistance in ensuring partnerships of private homeowners with the relevant regulating documents and in the correct execution of their legal documents.

3. To the Ministry of Finance together with Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent annually to provide when forming the budget allocation of financial resources to partnerships of private homeowners for capital repairs of places public and engineering communications of apartment houses in the procedure established by the legislation.

4. To impose control over the implementation of this resolution on the deputy prime minister of the Republic of Uzbekistan Hamidov B. S.

Appendix No. 2

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 4, 1999 No. 454

Approximate regulations on procedure for transfer of apartment houses to management to the Partnership of private homeowners and its interaction with public authorities in questions of content and repair of housing stock

This Provision determines approximate procedure for transfer of apartment houses to management to partnership of private homeowners and its interaction with public authorities in questions of content and repair of housing stock. Public authorities on places according to regulations of the current legislation and this provision adopt the corresponding regulations regulating procedure for transfer of apartment houses to management to condominium and its interactions with public authorities in questions of content and repair of housing stock.

1. Procedure for transfer of apartment houses to management to partnership of private homeowners

1.1. During creation of the partnership which united private owners of premises of the house (houses) and acquired the right to represent their interests, the partnership under the agreement of private owners of premises and on their order assumes management of the building (buildings).

1.2. Transfer of the house (houses) to management to partnership is made based on Hokim's decision of the city (area) after receipt of the statement of the management of board of partnership and by provision of the following documents in a month:

- the article of partnership as the legal entity (the copy is made, the original returns);

- copies of the charter of partnership.

1.3. The partnership keeps technical documentation on the house, considers it on balance, performing functions of the asset holder. At the same time separate account on the area of residential and non-residential premises is kept.

1.4. Along with transfer of the apartment house (houses) to management to partnership of the relevant decision of Hokim of the city (area) right to use is drawn up by the parcel of land occupied by the house (houses), and the house adjoining territories.

2. Interaction of partnership of private homeowners with public authorities in questions of content and repair of housing stock

2.1. ceased to be valid

2.2. The relations of owners of premises of the building which is in joint property are under construction on the basis of the agreement.

2.3. ceased to be valid

2.4. In houses in which one of owners of rooms are public authorities control of the state housing stock can be exercised under the agreement signed between the owner of housing stock and managing (chief executive) or management company, or partnership of private homeowners.

2.5. Compulsory provisions of the contract for management of housing stock are:

structure of common property of owners of rooms in the apartment house concerning which control, and the house address will be exercised;

obligations of managing (chief executive) or management company on ensuring content of the common property of owners of rooms in the apartment house adjoining to it the parcel of land with improvement elements;

procedure and amount of fee of managing (chief executive) or management company;

conditions of transfer of technical documentation of the apartment house;

procedure of control over the implementation by managing (chief executive) or management company of agreement obligations;

provision of data on the sizes of the rooms which passed private property as a result of making of the secondary transaction (donation, inheritance, purchase and sale etc.);

the list of exempts with the copy of supporting documents; responsibility of partnership for reliability and timeliness of the provided information and reporting, penalties for breach of agreement.

The approximate form of the agreement is applied.

2.6. The housing and operational organizations serving apartment houses under contracts contracts with owners of premises in the privatized apartment houses shall transfer them to partnership in technically serviceable condition.

2.7. The owners of rooms who are not copartners are not exempted from obligations on content of the property which is in common property and contribute share of expenses, in proportion to the floor area which is in their property, in total area of the house under the contract for the settlement account of partnership or other organization managing the house.

2.8. The companies rendering services in operation and repair of lift economy, having no right to refuse to partnerships acceptance of their houses on maintenance at the prices and rates operating for the corresponding period.

2.9. The resource supplying organizations shall make leave of heat, electrical energy, water, gas on the rates established for the population.

2.10. Owners of premises of the house shall use these rooms according to its appointment.

2.11. In case of liquidation of partnership after holding all liquidating actions provided by the charter of partnership, and covering of financial liabilities on content of the house and the house adjoining territory for the period, preceding liquidation, owners of rooms have the right to the conclusion of the contract for management of the house with managing (chief executive), management company or the relevant serving and repair organizations.

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