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LAW OF THE REPUBLIC OF TAJIKISTAN

of August 5, 2009 No. 542

About content of apartment houses and condominiums

This Law governs the relations connected with content and use of the property of owners in the apartment house which is considered as their common ownership and establishes procedure for creation, management, power, the right and obligation of condominium and its members as non-profit organization.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the apartment house - the house consisting of two or more apartments having independent exit to the parcel of land and the common use facilities adjacent to the apartment house;

- premises in the apartment house (further - premises) - the structural and certain part of the apartment house allocated in nature and intended for independent use for the purpose of accommodation;

- the non-residential premise in the apartment house (further - the non-residential premise) - structural and certain part of the apartment house, you divided in nature and intended for independent use not for accommodation;

- common property in the apartment house (further - common property) - the parts of complex of the apartment house intended for servicing, use and entrance to the room, and also for needs, tes but connected with their appointment, that is subjects to general use for servicing more than one premises, including the bearing and protecting designs, landings, ladders, elevators, mines of elevators, corridors, technical floors, cellars, attics, roofs and roof, mechanical, technical, electric, sanitary and other equipment located outdoors or in it, elements of gardening and improvement, the road, the pools, long-term trees, platforms, garages and other objects of the house united by one general land area;

- the parcel of land under the house - certain land area where the apartment house allocated for its arrangement, which received state registration according to the legislation of the Republic of Tajikistan is built;

- common property of limited use - the part of common property which is in borders of rooms or used by one or more owners of rooms, but unavailable to all owners;

- the owner of rooms in the apartment house (daleesobstvennik of the room) - the physical person or legal entity, the state, administrative and territorial unit having the property right to the residential or non-residential premise and at the same time being participants of the right of common ownership to common property in much apartment house;

- share - the share of the owner of the placement in the right of common ownership on common property equal to the relation of total area belonging to it on the property right to the total area of all rooms of owners in the apartment house, and also, generally, share in total expenses;

- content of property in the apartment house - activities for ensuring safety, proper technical and sanitary from standing and necessary conditions on use of property, and also the expenses connected with it;

- total expenses - the expenses of owners of rooms connected with content of common property, the parcel of land in the established borders with elements of external improvement and gardening which size is established by the decision of general meeting of owners of rooms (general meeting of copartners of homeowners) or otherwise according to the legislation of the Republic Tajiks camp. The amount of total expenses joins also content of condominium and its board.

- compulsory contributions - regular (monthly) and one-time (target fees) payments, except the cases provided by this Law on covering of total expenses;

- condominium (further - partnership) form of business of the non-profit organization created for content and management of the apartment house;

- board - the collegiate executive body performing all powers of condominium, except for those which are within the exclusive competence of general meeting of copartners;

- managing (head) - the physical person exercising control of common property of the apartment house under the agreement with sob stvennik (owners) of property and providing its operation;

- management company - the legal entity any organizationally - legal form or the individual entrepreneur, exercising control of common property of the apartment house on the basis of the agreement.

Article 2. Legislation of the Republic of Tajikistan on content of apartment houses and on condominiums

The legislation of the Republic of Tajikistan on content of apartment houses and on condominiums is based on the Constitution of the Republic of Tajikistan and consists of this Law, the housing legislation, the Civil code, the Land code and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.

Chapter 2. The property right to property in the apartment house

Article 3. The property right to rooms and common property in the apartment house

1. Residential and non-residential premises in the apartment house can in case of ought to owners on the right private, general equity, public (and state) property.

2. The common property belongs to all owners of rooms on the right of common ownership.

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