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Home / RLA / Article 32. Maintenance of the common property of the condominium facility, parking space, storeroom of the Law on Housing Relations - Excluded by the Law of the Republic of Kazakhstan dated July 15, 2025 No. 207-VIII SAM

Article 32. Maintenance of the common property of the condominium facility, parking space, storeroom of the Law on Housing Relations - Excluded by the Law of the Republic of Kazakhstan dated July 15, 2025 No. 207-VIII SAM

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 32. Maintenance of the common property of the condominium facility, parking space, storeroom of the Law on Housing Relations - Excluded by the Law of the Republic of Kazakhstan dated July 15, 2025 No. 207-VIII SAM 

     1. Owners of apartments and non-residential premises are obliged to take measures to maintain the common property of the condominium facility and ensure its safe operation, including carrying out routine and capital repairs of the common property of the condominium facility.  

     2. The customer (developer) of an apartment building, who owns apartments, non-residential premises, parking spaces, storerooms that are not part of the common property of the condominium facility, after registering the act of acceptance of the facility into operation, is obliged to pay the costs of managing the condominium facility and maintaining the common property of the condominium facility for apartments, non-residential premises, as well as expenses for the maintenance of parking spaces and storerooms in accordance with the procedure established by this Law.

     3. The chairman of the association of property owners is obliged to open a second-tier bank account within fifteen working days from the date of state registration of the association of property owners.:

     current account for crediting money for the costs of managing the condominium facility and maintaining the common property of the condominium facility (current account);  

     a savings account for saving money for major repairs of the common property of the condominium (savings account).

     4. If the condominium facility is managed by the owners of apartments and non-residential premises independently without forming a legal entity in the form of a simple partnership, the opening of accounts in second-tier banks is carried out by a trustee of the simple partnership on the basis of a simple written power of attorney, according to which the trustee of the simple partnership is authorized by all owners of apartments and non-residential premises to open accounts in second-tier banks. A trustee of a simple partnership opens current and savings accounts only for the purposes defined by this Law, within fifteen working days from the date of signing the simple partnership agreement.

     5. Owners of apartments and non-residential premises are required to pay the costs of managing the condominium facility and maintaining the common property of the condominium facility.  

     The costs of managing the condominium facility and maintaining the common property of the condominium facility include mandatory monthly contributions from apartment owners and non-residential premises for management and maintenance, maintenance of the common property of the condominium facility and fire safety of the common property of the condominium facility, payment for utilities consumed for the maintenance of the common property of the condominium facility.

     6. The chairman of the association of property owners or a trustee of a simple partnership is required to provide monthly information to all owners of apartments and non-residential premises on the movement of money on the current account and spending money on managing the condominium facility and maintaining the common property of the condominium facility by posting information in a publicly accessible place determined by the meeting.  

     7. The owner of an apartment or non-residential premises, in order to accumulate money for major repairs of the common property of a condominium facility, is obliged to transfer money to a savings account on a monthly basis in the amount of at least 0.005 times the monthly calculation index established for the relevant financial year by the law on the republican budget, based on one square meter of the usable area of the apartment or non-residential premises belonging to him.

     Money for major repairs of the common property of the condominium object can be claimed only for the purpose of major repairs of the common property of the condominium object and cannot be the subject of collateral for the obligations of apartment owners, non-residential premises. The money accumulated in the savings account is spent only by resolution of the meeting.

     The second-tier bank keeps automated records of money for savings accounts, broken down by each apartment, non-residential premises, and also permanently posts information on the savings account in accordance with the procedure established by the legislation of the Republic of Kazakhstan, in compliance with the requirements of the legislative acts of the Republic of Kazakhstan for the disclosure of banking and other legally protected secrets.

     8. Every owner of an apartment or non-residential premises who pays money for major repairs of the common property of a condominium facility has the right to receive information about the accumulated money for the apartment or non-residential premises belonging to him.

     The chairman of the association of property owners, the trustee of a simple partnership are required to provide information on the accumulation of money for major repairs of the common property of the condominium at the request of the owner of the apartment, non-residential premises.  

     9. When changing the form of management of a condominium facility, as defined in subitems 1) and 2) of paragraph 1 of Article 42 of this Law, the chairman of the association of property owners or a trustee of a simple partnership transfers previously accumulated money from a savings account with a second-tier bank to a savings account with a second-tier bank opened by the chairman or a trustee of the newly created association of property owners or a simple partnership, within ten working days from the date of its opening.

     10. The subject of the service activity is prohibited from providing services for the management of the condominium facility.

     The footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated December 26, 2019 No. 284-V (effective ten calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated March 15, 2023 No. 207-VII (effective sixty calendar days after the date of its first official publication).  

 

The Law of the Republic of Kazakhstan dated April 16, 1997 No. 94.

President    

Republic of Kazakhstan     

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