PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 14, 2010 No. 538

About some questions of activities of partnerships of owners and the organizations of builders

For the purpose of enhancement of management of common property of apartment houses, streamlining of activities of partnerships of owners and organizations of builders:

1. Determine that:

1.1. management of common property * is the activities aimed at providing safety and content of common property in proper technical and sanitary condition, the solution of questions of ownership and use of this property and other questions according to the legislation.

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* For the purposes of this Decree the term "common property" is used in the value determined in Item 33 of article 1 of the Housing code of the Republic of Belarus.

Control of common property can be exercised of one of the following methods:

directly participants of joint household if in property several participants of joint household have no more than ten real estate units;

partnership of owners or organization of builders;

the authorized person on management of the common property designated according to this Decree and other acts of the legislation.

For the solution of the questions connected with provision of housing and communal services, the organizations performing operation of housing stock and (or) providing housing and communal services can be attracted by partnerships of owners and the organizations of builders in accordance with the established procedure;

1.2. the decision concerning the choice of method of management of common property is deemed accepted if on general meeting of participants of joint household or in case of the vote taken in stipulated by the legislation procedure by written poll more than two thirds of participants of joint household of total quantity of all participants of joint household voted for it.

Decisions on the questions concerning management of common property, alienation or transfer of common property to ownership and use to one or several copartners of owners or the organization of builders, to other persons if it does not violate the rights and legitimate interests of copartners of owners or the organization of the builders and owners of real estate units who are not organization members of builders and also holding energy efficient actions, are considered accepted if on general meeting of copartners of owners or the organization of builders or in case of the vote taken in stipulated by the legislation procedure by written poll more than two thirds of copartners of owners or the organization of the builders and owners of real estate units who are not organization members of builders of their total quantity voted for them.

Concerning reduction of the extent of common property in the course of reconstruction of the real estate unit by superstructure and (or) extension the decision is deemed accepted if on general meeting of copartners of owners or the organization of builders or in case of the vote taken in stipulated by the legislation procedure by written poll all copartners of owners or the organization of builders and the owners of real estate units who are not members of this organization voted for it unanimously.

The decision concerning reorganization and liquidation of partnership of owners or the organization of builders, appointment of liquidation commission (liquidator), and also approval of the transfer act or the separation balance sheet, intermediate liquidating and liquidating balances is deemed accepted if on general meeting of copartners of owners or the organization of builders or in case of the vote taken in stipulated by the legislation procedure by written poll all copartners of owners or the organization of builders voted for it unanimously.

Decisions on other questions carried by the legislation to exclusive competence of general meeting of copartners of owners or the organization of builders are considered accepted if on general meeting at which there are copartners of owners or the organization of builders having more than half of voices from their total quantity or in case of the vote taken in stipulated by the legislation procedure by written poll the copartners of owners or the organization of builders having at least than a half of voices from their total quantity voted for their acceptance.

Decisions on the questions carried by the legislation to competence of meeting of representatives are considered accepted if at meeting of representatives at which there are representatives having more than two thirds of voices of their total quantity the representatives having at least than a half of voices from their total quantity voted for their acceptance;

1.3. authorized person on management of common property is the state customer in the field of housing-and-municipal hozyaystva*.

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* For the purposes of this Decree the state customer in the field of housing and communal services is understood as the legal entity created according to the decision of regional executive committee or Minsk Gorispolkom for the purpose of the organization of works on providing consumers of housing and communal services with the main and additional housing and communal services based on agreements, except for services of hot and cold water supply, water disposal (sewerage), gazo-electro-and heat supplies, determinations of contractors on content (operation) of the subjects to external improvement located within administrative and territorial units and for implementation of other functions determined by the legislation.

Local executive and administrative organs designate the authorized person on management of common property in the following cases:

if before commissioning of the apartment house which construction was performed by shared-equity construction based on agreements of creation of objects of shared-equity construction and (or) with use of housing bonds by the citizens participating in its construction which the property right to property objects in it will belong do not make in the procedure established by the legislation the decision on creation of partnership of owners, - after one month from the date of acceptance of the apartment house in operation;

if in the apartment house built by the organizations for the purpose of sale of real estate units in it participants of joint household do not make in the procedure established by the legislation the decision on the choice of one of methods of management of common property, - after one month from the date of emergence of joint household;

if the candidate for the chairman of the board of partnership of owners or the organization of builders (further - the chairman of the board) which effective period of powers expired, is not re-elected to position of the chairman of the board in the procedure established by the legislation;

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