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LAW OF THE REPUBLIC OF BELARUS

of January 8, 1998 No. 135-Z

About joint household

(as amended on 04-01-2021)

Accepted by the House of Representatives on December 17, 1997

Approved by Council of the Republic on December 20, 1997

This Law determines legal and organizational basis of joint household in non-residential capital structures (buildings, constructions) and is aimed at providing effective use of common property of joint household.

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

1. The admission fee - the money deposited by the copartner of owners in connection with acquisition of membership in partnership of owners and intended for covering of the expenses connected with activities of partnership of owners.

2. Additional services - the services connected with servicing of common property of joint household in non-residential capital structure (the building, construction) which can appear in addition to utilities.

3. Utilities - also cold water supply, water disposal (sewerage), gazo-, electro-, heat supply, supply with the liquefied hydrocarbonic gas from individual balloon or reservoir installations, the address with solid municipal waste is hotter.

4. Common property of joint household - the rooms located outside real estate units and intended for servicing of two and more real estate units in non-residential capital structures (buildings, constructions), and also roofs, entrance groups which are protecting bearing and not bearing design, including facades, the mechanical, electric, sanitary and other equipment serving two and more real estate units and being in or outside real estate units, group metering devices of consumption of water, heat and electrical energy, gas, technical means of fire-proof protection, and also the separate objects serving to target use of non-residential capital structure (the building, construction) and located on the parcel of land provided for its construction and (or) servicing.

5. Real estate units - the isolated rooms, including residential, the parking places which are in one non-residential capital structure (the building, construction) in which joint household is formed.

6. The organization managing common property of joint household - the organization which under the contract for management of common property of joint household renders services in management of common property of joint household.

7. Joint household - legal relationship of owners, owners of other corporeal rights to real estate units in non-residential capital structure (the building, construction) which are (will be) in the state-owned and (or) private property of two and more persons, and other parts of non-residential capital structure (the building, construction) are (will be) in common ownership.

8. Management of common property of joint household - the organization of maintenance of non-residential capital structure (the building, construction), maintenance of the elevator, running repair and capital repairs of common property of joint household, realization by participants of joint household of rights of possession and use of common property of joint household, provision of municipal and (or) additional services by it.

9. Participants of joint household are the owners of real estate units, persons having rights of economic maintaining or operational management concerning real estate units, persons participating in financing of construction of facilities of real estate which it agrees provided for state registration of creation or change of non-residential capital structure (buildings, constructions) to documents the property right, economic maintaining or operational management on the real estate units located in this non-residential capital structure (the building, construction) will belong.

When finding (receipt) of real estate units in economic conducting or operational management by participants of joint household persons - owners of such rights, but not owners are.

10. Target fee - the money deposited by the copartner of owners based on the decision of general meeting (meeting of representatives) of copartners of owners for additional financing of the works and actions connected with operation of common property of joint household and management of it.

11. The membership fee - the money which is periodically brought by the copartner of owners based on the decision of general meeting (meeting of representatives) of copartners of owners on the purposes connected with activities of partnership of owners including on compensation of workers, remuneration of board members of partnership of owners, members of audit committee (auditor) of partnership of owners.

12. Operation of common property of joint household - proper use of common property of joint household with systematic implementation of complex of organizational and technical actions for content, maintenance of non-residential capital structure (the building, construction), to maintenance of the elevator, running repair and capital repairs of common property of joint household.

Article 2. Legislation on joint household

The relations on joint household in non-residential capital structures (buildings, constructions) are regulated by the Civil code of the Republic of Belarus, this Law and other acts of the legislation.

Article 3. Coverage of this Law

1. This Law extends the action to non-residential capital structures (buildings, constructions) and the residential and non-residential isolated premises located in them, parking places.

2. Operation of this Law does not extend to activities of the garage cooperatives and cooperatives performing operation of parkings.

3. By the president of the Republic of Belarus other rules in the sphere of the relations on joint household can be determined, than those which are provided by this Law.

Article 4. Subjects of the relations on joint household

Subjects of the relations on joint household are:

participants of joint household;

partnership of owners;

the organization managing common property of joint household;

the authorized person designated by local executive and administrative organ in the cases and procedure provided by this Law (further - the authorized person);

the other persons participating in the relations on joint household.

Article 5. Origin and termination of joint household

1. Joint household arises since the moment:

1.1. creations or changes of non-residential capital structure (the building, construction) in which it agrees provided for state registration of creation or change of non-residential capital structure (buildings, constructions) to documents two and more real estate unit will be in property of two or more persons (further if other is not provided, - owners);

1.2. emergence of the property right on created as a result of exarticulation from non-residential capital structure (buildings, constructions) real estate units at two or more owners;

1.3. transition of the property right to the real estate units located in non-residential capital structure (the building, construction) as a result of which such real estate units will arrive in property of two or more owners.

2. Joint household stops in cases:

2.1. emergence (transition) of the property right to all real estate units at one owner;

2.2. death, destructions or terminations of existence of all real estate units;

2.3. in other cases provided by legal acts.

Article 6. Rights and obligations of participants of joint household

1. Participants of joint household have the right:

1.1. own, use and dispose of the real estate units belonging to them without the consent to that of other participants of joint household;

1.2. take part in the choice of method of management of common property of joint household;

1.3. participate in management of common property of joint household;

1.4. initiate holding general meeting of participants of joint household;

1.5. be elected to governing bodies of partnership of owners and members of audit committee (auditor) of partnership of owners;

1.6. receive the data and documents connected with activities for management of common property of joint household;

1.7. transfer the right of participation in management of common property of joint household to the representative according to this Law and other legal acts;

1.8. submit for consideration of general meeting of participants of joint household of the offer, statement, claim;

1.9. perform other rights according to this Law and other acts of the legislation.

2. Participants of joint household shall:

2.1. incur expenses on operation of common property of joint household, payment of utilities, payment of remuneration for rendering services in management of common property of joint household in the cases provided by this Law;

2.2. carry out decisions of general meeting of participants of joint household;

2.3. make at own expense repairs of the real estate units belonging to them;

2.4. observe requirements of the legislation on joint household and fulfill other duties according to this Law and other acts of the legislation.

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