Article 320. Violation of the requirements of the legislative act of the Republic of Kazakhstan on equity participation in housing construction and housing legislation of the Republic of Kazakhstan Code of the Republic of Kazakhstan on Administrative Offenses

Home / RLA / Article 320. Violation of the requirements of the legislative act of the Republic of Kazakhstan on equity participation in housing construction and housing legislation of the Republic of Kazakhstan Code of the Republic of Kazakhstan on Administrative Offenses

Article 320. Violation of the requirements of the legislative act of the Republic of Kazakhstan on equity participation in housing construction and housing legislation of the Republic of Kazakhstan Code of the Republic of Kazakhstan on Administrative Offenses

1. Violation by a developer or an authorized company of the requirements of the legislative act of the Republic of Kazakhstan on equity participation in housing construction, including the content of information to be disclosed, as well as the procedure for its dissemination, or the dissemination by a developer or an authorized company of inaccurate, incomplete or unreliable information –

entails a fine on legal entities in the amount of three hundred monthly calculation indices.

2. Failure by a developer or an authorized company to provide information and reports provided for by the laws of the Republic of Kazakhstan to the local executive body of a city of republican significance, capital, district, or city of regional significance, or to submit false information and reports, as well as an unreliable or incomplete report on the results of monitoring the construction of an apartment building by an engineering company –

entails a fine on legal entities in the amount of three hundred monthly calculation indices.

3. Actions (inaction) provided for in parts one and two of this Article, committed repeatedly within a year after the imposition of an administrative penalty, as well as non-elimination of violations provided for in parts one and two of this Article, which resulted in administrative liability, –

They entail the suspension of the permit to attract money from shareholders for up to three months.

4. Violation by the chairman of the association of owners of the property of an apartment building, the subjects of management of the condominium facility when choosing by the owners of apartments, non-residential premises the form of management of the condominium facility in the form of direct joint management of the terms of opening a current account for the management of the condominium facility and (or) a savings account for accumulating money for major repairs of the common property of the condominium facility in second-tier banks in in cases stipulated by the housing legislation of the Republic of Kazakhstan, –

entails a fine in the amount of fifty monthly calculation indices.

5. Violation by the chairman of the association of owners of the property of an apartment building, the subjects of management of the condominium facility of the deadlines for submitting monthly and annual reports on the management of the condominium facility provided for by the housing legislation of the Republic of Kazakhstan, –

entails a fine in the amount of fifty monthly calculation indices.";

The second paragraph of the sixth part should be worded as follows:

"they entail a fine in the amount of one hundred monthly calculation indices.

6. Actions (inaction) provided for in parts four and five of this Article, committed repeatedly within a year after the imposition of an administrative penalty, -

they impose a fine on individuals in the amount of ten, on legal entities – in the amount of twenty monthly calculation indices.

7. Violation by the customer (developer) engaged in the construction or reconstruction of an apartment building of the deadlines for submission of the acceptance and transfer certificate on paper and (or) electronic media of documents after the owners of apartments, non-residential premises choose the form of management of the condominium object or the entity managing the condominium object when the owners of apartments, non-residential premises choose the form of management of the condominium object in in the form of direct joint management or housing inspection provided for by the housing legislation of the Republic of Kazakhstan, –

entails a fine for individuals in the amount of one hundred, for small businesses or non–profit organizations – in the amount of one hundred and twenty, for medium–sized businesses - in the amount of one hundred and fifty, for large businesses - in the amount of two hundred monthly calculation indices.

8. Violation by the chairman of the association of owners of the property of an apartment building, by the entity managing the condominium facility when the owners of apartments and non-residential premises choose the form of management of the condominium facility in the form of direct joint management of the deadlines for submitting documentation and other technical means and equipment under the act of acceptance and transfer when changing the forms of management of the condominium facility or the entity managing the condominium facility or terminating their management activities a condominium facility, provided for by the housing legislation of the Republic of Kazakhstan, as well as refusal to sign the act of acceptance and transfer –

they entail a fine for individuals in the amount of fifty, for legal entities – in the amount of one hundred monthly calculation indices.

9. The action (inaction) provided for in part seven of this article, committed repeatedly within a year after the imposition of an administrative penalty, –

entails a fine for individuals in the amount of two hundred, for small businesses or non–profit organizations – in the amount of two hundred and forty, for medium–sized businesses - in the amount of three hundred, for large businesses - in the amount of four hundred monthly calculation indices.

10. Actions (inaction) provided for in part eight of this Article, committed repeatedly within a year after the imposition of an administrative penalty, –

they impose a fine on individuals in the amount of one hundred, on legal entities – in the amount of two hundred monthly calculation indices.

Note. The amount of the fine imposed for the offenses provided for in parts four, five, six, eight and ten of this article cannot be paid from the money held in the current account for crediting funds to manage the condominium facility, as well as in a savings account intended to accumulate funds for major repairs of the common property of the condominium facility.

President

Republic of Kazakhstan

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