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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 15, 2021 No. 271

About procedure for creation and activities of management company

Based on part two of subitem 3.26 of Item 3 of the Presidential decree of the Republic of Belarus of September 22, 2014 No. 456 "About implementation of the investment project "The experimental multipurpose complex "Minsk World" Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on procedure for creation and activities of management company it (is applied).

2. This resolution becomes effective after its official publication.

Prime Minister of the Republic of Belarus

R. Golovchenko

Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 15, 2021 No. 271

Regulations on procedure for creation and activities of management company

1. This Provision developed according to part two of subitem 3.26 of Item 3 of the Presidential decree of the Republic of Belarus of September 22, 2014 No. 456, determines tasks, procedure for creation and activities, the right and obligation of management company.

2. For the purposes of this provision terms are used in the following values:

housing and communal services - services in maintenance and (or) recovery of proper sanitary and (or) technical condition of apartment houses, non-residential capital structures (buildings, constructions), residential and (or) non-residential, auxiliary premises, on ensuring their comfort, favorable and safe conditions for accommodation (stay) of consumers, the including utilities, maintenance, maintenance of the elevator, running repair, capital repairs, sanitary content of auxiliary rooms and other housing and communal services provided according to agreements;

joint household - legal relationship of owners of residential and non-residential premises in apartment apartment houses, non-residential capital structures (buildings, constructions) which are part of object "The experimental multipurpose Minsk World complex (further - the Minsk World complex);

management of common property of joint household (further - management of common property) - service in implementation of activities for the purpose of ensuring operation of common property of joint household (further - common property), realization by participants of joint household of rights to use by real estate units and common property, and also the organizations of rendering housing and communal services;

the management company - the legal entity of the Republic of Belarus, the participant or one of members of whom is the customer of the Minsk World complex - the foreign limited liability company "ASTRA is THIS" (further - the customer of the Minsk World complex) exercising control of common property, operation and servicing of common property concerning the buildings which are part of the Minsk World complex, put into operation after entry into force of the Presidential decree of the Republic of Belarus of October 20, 2020 No. 370 "About change of the Presidential decree of the Republic of Belarus";

participants of joint households are owners of residential and (or) non-residential premises in apartment apartment houses and non-residential capital structures (buildings, constructions) which are part of the Minsk World complex.

3. Coordination of creation of management company is performed by the decision of the Minsk Gorispolkom based on the proposal of the customer of the Minsk World complex.

Criterion of coordination of creation of management company is availability of qualified personnel, the equipment and rooms for realization of tasks of management company.

4. The main objective of management company is management of common property.

5. The management company shall:

5.1. provide proper technical condition of common property, its maintenance, the running and (or) capital repairs;

5.2. make charges to participants of joint households of payment for housing and communal services, service in management of common property, the refunded expenses on the electric power consumed on lighting of auxiliary rooms and operation of the equipment, including elevators (further - expenses on the electric power), including in apartment apartment houses - with use of single all-republican information system on accounting, calculation and charge of payment for housing and communal services and payments for use of premises;

5.3. perform all types of the settlement and cash transactions connected with activities of management company;

5.4. provide confirmation of quality and amounts of the services (the performed works) rendered by contractors;

5.5. carry out permanent job with participants of joint households in apartment apartment houses of the Minsk World complex on improvement of technical condition of common property according to Instructions for use by the premises, contents of residential and auxiliary rooms approved by the resolution of Council of Ministers of the Republic of Belarus of May 21, 2013 No. 399;

5.6. inform at least once in year of participants of joint household on the carried-out work on management of common property, to ensuring content and repair of common property, the organization of rendering housing and communal services by means of placement of information on the global computer Internet;

5.7. organize and hold as required general meetings of participants of joint household concerning management of common property, ensuring content and repair of common property and to other questions;

5.8. sign with participants of joint households contracts on management of common property of joint household by management company in standard form according to appendix.

In case of refusal of the participant of joint household, person who by the owner of residential and (or) non-residential rooms or the legislation is granted the right to the conclusion of the contract for management of common property, to sign such agreement the management company has the right to declare in court the requirement about compulsion to its conclusion.

The refusal of the conclusion of the contract for management of common property of management company does not exempt participants of joint households from introduction of payment for the rendered service in management of common property, the obligatory payments and target fees on content and repair of common property established by management company;

5.9. sign contracts:

with the gas supplying organizations - gas supply (for the purposes of use for all-house needs);

with the power supplying organizations:

heat supplies (for the purposes of use in premises, non-residential capital structures (buildings, constructions) and for all-house needs in apartment apartment houses);

electric utility services (for the purposes of use in non-residential premises, power networks (electroinstallations, receivers of electrical energy) which are directly attached to the power networks which are common property and for all-house needs in apartment apartment houses);

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