Article 53. Conditions of membership in housing and construction cooperatives of the Housing Relations Act
1. The number of members of a housing and construction cooperative at the time of state registration may not be less than ten citizens who have reached the age of majority. The housing and construction cooperative does not have the right to accept new members until the preliminary design is agreed upon.
2. Admission of new members to the housing and construction cooperative, made in compliance with the requirements of this Law and the charter of the housing and construction cooperative, is formalized by the protocol of the executive body and the conclusion of a contract of participation in the housing and construction cooperative.
The number of members of a housing and construction cooperative should not exceed the number of shares in a housing and construction cooperative.
3. A citizen wishing to become a member of a housing and construction cooperative shall submit to the executive body of the housing and construction cooperative a written application for admission to the housing and construction cooperative. The application must contain the surname, first name, patronymic (if it is indicated in the identity document), place of residence and the details of the identity document.
4. The executive body of the housing and construction cooperative shall consider the application within ten days, draw up a protocol upon making a positive decision and conclude a contract of participation in the housing and construction cooperative with the citizen on behalf of the housing and construction cooperative, registered by the local executive body.
5. Registered ownership of immovable property is not a ground for refusal of admission to a housing and construction cooperative, unless otherwise provided by the charter of the housing and construction cooperative.
6. The number of votes of each member of a housing and construction cooperative in decision-making is proportional to the number of his shares in the housing and construction cooperative. The number of shares owned by a member of a housing and construction cooperative, as well as their size, are not limited, unless otherwise provided by the charter of the housing and construction cooperative.
7. A share in a housing and construction cooperative is an apartment or an uninhabited room or parking space that is transferred to a member of the housing and construction cooperative in accordance with the agreement of participation in the housing and construction cooperative.
8. In the event of the death of a member of a housing and construction cooperative, his heirs have the primary right to become members of the housing and construction cooperative, unless otherwise provided by the charter of the housing and construction cooperative. In the latter case, the cooperative pays the heirs a share in the property of the housing and construction cooperative, proportional to its share.
9. The share contributions are made in cash in accordance with the agreement of participation in the housing and construction cooperative.
10. The costs of developing design and estimate documentation, as well as registration of a land plot for the construction of an apartment building, are included in the total cost of building an apartment building and distributed to all members of the housing and construction cooperative.
11. The payment of share contributions by members of the housing and construction cooperative is carried out in accordance with the rules for organizing the activities of the housing and construction cooperative and the payment of share contributions by members of the housing and construction cooperative, approved by the authorized body, and the contract of participation in the housing and construction cooperative.
12. Members of a housing and construction cooperative may:
1) voluntarily withdraw from the housing and construction cooperative in accordance with the established procedure;
2) participate in the activities of the housing and construction cooperative, elect and be elected to the governing bodies of the housing and construction cooperative, make proposals to improve the activities of the housing and construction cooperative, eliminate deficiencies in the work of its governing bodies;
3) receive information from the management bodies of the housing and construction cooperative on their activities, including getting acquainted with financial statements and other documentation, in accordance with the procedure established by the charter of the housing and construction cooperative;
4) appeal to the court the decisions of the governing bodies of the housing and construction cooperative affecting their interests.
13. The Charter of a housing and construction cooperative may establish other rights of members of a housing and construction cooperative that do not contradict the laws of the Republic of Kazakhstan.
14. Members of a housing and construction cooperative are required to:
1) comply with the charter of the housing and construction cooperative;
2) comply with the decisions of the general meeting of the housing and construction cooperative;
3) fulfill obligations to the housing and construction cooperative for participation in its activities, defined by the charter of the housing and construction cooperative;
4) make share contributions in accordance with the agreement of participation in the housing and construction cooperative.
15. Members of a housing and construction cooperative may also carry other duties stipulated by the charter of the housing and construction cooperative that do not contradict the laws of the Republic of Kazakhstan.
The Law of the Republic of Kazakhstan dated April 16, 1997 No. 94.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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