of July 9, 2013 No. 122
About partnerships of owners of residential and non-residential premises of apartment houses
Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 30, 2013
The legislation on partnerships of owners of residential and non-residential premises of apartment houses consists of the Constitution, the Civil code, the Housing code, this Law and other regulatory legal acts of the Kyrgyz Republic published according to them.
Operation of this Law extends to the relations of owners of residential and non-residential premises in common property of the apartment house connected with its effective content and management by creation of non-profit organization - partnership of owners of residential and non-residential premises of apartment houses (further - condominium). This Law extends also to again created condominiums in the course of construction and reconstruction of apartment houses.
1. Partnership of owners of residential and non-residential premises in the apartment house - the non-profit organization created by owners of residential and non-residential premises in the apartment house for joint management of common property (complex of indivisible property) in the apartment house, ensuring operation of this complex, ownership, use and in the order limits by common property set by the legislation in the apartment house.
2. The condominium is established by owners of residential and non-residential premises in apartment houses (owners).
3. The owners who showed willingness on membership after state registration of condominium become his members and acquire the rights and obligations of copartners of homeowners provided by this Law.
The owners who are not copartners of homeowners equally bear burden of content of common property in the apartment house according to the legislation of the Kyrgyz Republic.
4. Creation of two and more condominiums in one apartment house is not allowed.
5. During creation and activities of condominium interests of state bodies and local government bodies in relation to not privatized rooms represent their authorized bodies.
1. For creation of condominium the initiative group in number of at least 3 owners convokes the constituent assembly.
The initiative group notifies all owners on carrying out the constituent assembly no later than 10 days before date of meeting. In the notification on carrying out the constituent assembly the form of holding meeting, the place and time of holding meeting, the agenda are specified.
The notification on carrying out the constituent assembly goes in writing and is handed to each owner on receipt or by means of the mailing (registered mail).
2. The constituent assembly makes the decision:
1) about creation of condominium;
2) about approval of the name and the location of condominium;
3) about approval of the charter;
4) about election of governing bodies of condominium.
The constituent assembly has the right to consider also other questions relating to creation and activities of condominium according to the legislation of the Kyrgyz Republic.
3. The constituent assembly can pass in form of poll (petition) which is drawn up in writing.
Vote can be taken with use of bulletins.
4. The decision on organization of condominium is deemed accepted if voted at least 51 percent of votes from total number of voices of owners for it.
Results of vote are brought to the attention of owners no later than 30 days after decision making in time.
5. The protocol of the constituent assembly is taken without fail.
6. The initiative group bears responsibility for reliability of the information provided in authorized bodies in case of state registration of condominium.
7. The condominium is considered created and is legal entity from the moment of its state registration according to the legislation of the Kyrgyz Republic.
8. The condominium is created without restriction of term of activities if other is not provided by the charter of partnership.
9. The condominium answers for the obligations all property belonging to it. The condominium does not answer for obligations copartners, and copartners do not answer for obligations partnership.
The condominium acts on the basis of the charter. The charter of condominium shall contain:
1) full name of condominium and its legal address, subject and purposes of activities;
2) procedure for management of activities of condominium, quantitative structure and terms of office of governing bodies;
3) other questions which general meeting will count necessary to bring in it according to the legislation of the Kyrgyz Republic.
1. The condominium has the right:
1) to sign according to the legislation of the Kyrgyz Republic contracts on content and repair of common property in the apartment house and other agreements for the benefit of owners and copartners;
2) to determine the profit and loss budget for year, including necessary maintenance costs and repair of common property in the apartment house, costs for capital repairs and reconstruction of the apartment house, special fees and contributions to reserve fund, and also expenses on another established by the law and the charter of partnership of the purpose;
To establish 3) on the basis of the accepted profit and loss budget for year the amount of payments and fees for each owner according to its share in the right of common property to common property in the apartment house;
4) to perform works for owners and to provide them services;
5) to possess the loans granted by banks according to the procedure and on conditions which are stipulated by the legislation the Kyrgyz Republic;
To transfer 6) under the agreement material and money to the persons performing works for partnership and providing to partnership services;
To transfer 7) to temporary use the property belonging to partnership;
8) to provide to interested persons information on the actual accommodation of citizens in apartments of the apartment house.
2. In cases if it does not violate the rights and legitimate interests of owners, the condominium has the right:
To provide 1) in use part of common property in the apartment house;
To receive 2) in use or to receive or acquire in common ownership of owners the parcels of land for implementation of housing construction, construction of economic and other constructions and their further operation;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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