Residential buildings and living quarters in buildings belonging to housing (housing and construction) cooperatives
Housing and construction cooperatives were organized for the construction of residential buildings and their subsequent operation, in which citizens wishing to improve their living conditions could, in order of priority, join a housing cooperative and receive an apartment in it. In the event of the death of a shareholder, his family members had the right not to housing, but to share savings. Subsequently, with the adoption of the Law "On Housing Relations" dated April 16, 1997 No. 94, the payment by a member of a housing (housing and construction) cooperative of the entire amount of the share contribution for a dwelling became the basis for the emergence of ownership of a dwelling. In accordance with the Housing Code of the Kazakh SSR dated June 30, 1983 and the Housing Code of the Republic of Kazakhstan dated July 1, 1992, residential premises in residential buildings of housing cooperatives were not classified as state housing stock. The Aktobe City Court, having considered the case against K., decided to satisfy the claim for recognition of ownership of the apartment by virtue of the statute of limitations. The court of Appeal overturned the decision and issued a new one to dismiss the claim, stating in justification that the apartment was provided on a warrant from the state housing fund. However, the Court of Appeal did not take into account that, according to the order of the executive committee of the City Council of People's Deputies, housing for the plaintiff's family was provided from the fund of the housing cooperative Magistral-55. The plaintiff has a HBC certificate on the payment of the cost of the cooperative apartment, which is the basis for registration of ownership.
Residential buildings and living quarters in buildings belonging to housing (housing and construction) cooperatives
However, if there is no original certificate and this HBC does not currently exist, the above circumstances do not prevent the recognition of ownership rights due to the statute of limitations. The position of the court of appeal that the apartment is state-owned is not based on the norms of current legislation. In another similar case, the Yenbekshinsky District Court of Shymkent refused to recognize ownership of an apartment in a residential building owned by Rubin 52 Housing and Communal Services, provided under an order issued by the executive committee.
At the same time, the court unreasonably referred to the explanation of the Cabinet of Ministers of the Republic of Kazakhstan dated February 11, 1992, believing that housing belongs to the state. The Court of Appeal overturned the decision and issued a new one to satisfy the claim, since the housing was provided in a house owned by HBC, which was not in operation at the time of the case.
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