Article 34. The rights and obligations of owners of apartments, non-residential premises, parking spaces, storerooms of the Housing Relations Act

Home / RLA / Article 34. The rights and obligations of owners of apartments, non-residential premises, parking spaces, storerooms of the Housing Relations Act

 1. All owners of apartments, non-residential premises, parking spaces, storerooms are participants in the condominium.

Each owner of an apartment, non-residential premises, parking space, storage room has the right, at his discretion, to own, use and dispose of his property belonging to him on the right of individual (separate) ownership.

The common property of the condominium object, including the land plot necessary for its placement, operation and maintenance, belongs to the owners of apartments, non-residential premises, parking spaces, storerooms on the right of common shared ownership and is inseparable from the rights to an apartment, non-residential premises, parking space, storeroom, which are in individual (separate) ownership.

2. Owners of apartments, non-residential premises, parking spaces, storerooms are obliged to manage the condominium facility by participating in a meeting, choosing the form and subject of management of the condominium facility.

3. The owner of an apartment, non-residential premises, parking space, storeroom bears the burden of maintaining the apartment, non-residential premises, parking space, storeroom belonging to him, as well as the common property of the condominium facility.

4. The customer (developer) of an apartment building, who is the owner of 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 current, cumulative, targeted contributions and current contributions for the maintenance of parking spaces, storerooms, penalties for their untimely payment in accordance with the procedure established by this Law.

4-1. Excluded by the Law of the Republic of Kazakhstan dated 07/15/2025 No. 207-VIII (effective sixty calendar days after the date of its first official publication).

5. Owners of non-residential premises are obliged to pay the current contributions established by the meeting, in an amount not exceeding the amount of current contributions established for apartment owners, more than twice.

6. The owner of an apartment, non-residential premises, parking space, storeroom is obliged to notify the chairman of the association of property owners or the entity managing the condominium facility of the transfer of an apartment, non-residential premises, parking space, storeroom belonging to him, providing information about the tenant (tenant).

The owner of an apartment, non-residential premises, parking space, storage room, in addition to the duties established by the laws of the Republic of Kazakhstan, bears other duties and responsibilities, including:

the observance of silence, including the non-performance of work in an apartment, non-residential premises and outside them, accompanied by noise, not related to an urgent need, hindering the normal rest and tranquility of citizens, at certain times;

consumption of tobacco products, including products with heated tobacco, hookah tobacco, hookah mixture, tobacco heating systems, only in designated special places;

compliance with construction, sanitary, environmental, fire-fighting and other mandatory norms and rules stipulated by the legislation of the Republic of Kazakhstan.

7. Excluded by the Law of the Republic of Kazakhstan dated 03/15/2023 No. 207-VII (effective sixty calendar days after the date of its first official publication).

8. Owners of apartments and non-residential premises are obliged to independently conclude contracts for the provision of public services in apartments and non-residential premises with organizations providing public services.

9. The residence of the apartment owner at a different address, as well as the transfer of an apartment, non-residential premises, parking space, storage room to a property lease (lease) do not restrict the rights of the owner of an apartment, non-residential premises, parking space, storage room and do not release him from duties defined by the laws of the Republic of Kazakhstan, the charter of the association of property owners, the decision of the meeting and the council at home.

10. Every owner of an apartment, non-residential premises, parking space, storage room, who pays current, funded, targeted contributions and current contributions for the maintenance of parking spaces, storerooms, has the right to receive information about the status of current and savings accounts.

11. Owners of apartments, non-residential premises, parking spaces, storerooms have the right to use parts of the common property of a limited-use condominium facility assigned to them under the conditions established by the property lease agreement on the transfer of property for limited use.

In this case, the rent is credited to the current account of the association of property owners or to the account of 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 opened for this condominium facility.

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

President

Republic of Kazakhstan

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