A simple partnership agreement on joint activities
A simple partnership agreement on joint activities
G.____________ №______ " ____" __________20___ G.
We are the owners of apartments, non-residential premises of an apartment building located at,
hereinafter referred to as the "Participants" have concluded this Agreement on the following.
Subject of the Agreement
1.1. The subject of the agreement is the joint activity of the Participants without forming a legal entity in order to manage the condominium facility, finance its maintenance and ensure the safety of the common property of the condominium facility by the owners of apartments, non-residential premises of one multi-apartment building.
1.2. To provide services for the management of the condominium facility and the maintenance of the common property of the condominium facility, Participants may involve an organization providing this type of service on the basis of a separate agreement.
1.3. Participants carry out their activities in accordance with the Civil Code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "On Housing Relations" (hereinafter referred to as the Law), on the principles of equality of Participants, self–government, legality, transparency of activities.
1.4. The participants assume all obligations for joint decision-making and fulfillment of duties assigned to the owners of apartments and non-residential premises.
1.5. The Participants undertake to act jointly in order to manage the condominium facility and maintain the common property of the condominium facility, as well as to generate income or achieve other goals that do not contradict the law. A simple partnership is not a legal entity.
Management of the condominium facility and maintenance of the common property of the condominium facility
2.1. The management of the condominium facility and the management of the common affairs of the Parties to the joint activity agreement is carried out by their common consent.
2.2. Participants from among their members may designate a trustee to manage joint activities, acting on the basis of a simple written power of attorney issued by all participants.
2.3 Participants are not liable for the obligations of a Simple Partnership, just as a Simple partnership is not liable for the obligations of its Participants.
Common property of the Participants
3.1. The use of the common property of the condominium facility by the Participants is carried out by their common consent.
3.2. The obligation of the Participants to maintain the common property of the condominium facility and the procedure for reimbursement of expenses related to the fulfillment of this obligation are distributed in proportion to the share owned individually.
3.3. The shares of the Participants in the common ownership are proportional to the share of the property owned individually.
Sources of formation of common property
4.1. The common property consists of: tangible assets and financial resources, as well as other property necessary to ensure joint activities provided for in this Agreement, with the exception of property owned separately (individually).
4.2. In order to achieve the purpose of managing the condominium facility, financing its maintenance and ensuring its safety, the parties to the joint venture agreement contribute money or other property or through labor contributions.
4.3. The sources of formation of common property are:
1) monthly contributions (payments) from owners of apartments and non-residential premises for the management of the condominium facility and the maintenance of the common property of the condominium facility, as well as monthly contributions (payments) from owners of parking spaces and storerooms;
2) payment for common property leased out;
3) a target contribution made by the owners of apartments and non-residential premises, which is not provided for in the cost estimates for the management of the condominium facility and the maintenance of the common property of the condominium facility;
4) proceeds from charity events and other events;
5) other funds and receipts (voluntary private investments) that are not prohibited by the current legislation of the Republic of Kazakhstan.
4.4. The money accumulated in the savings account is spent in accordance with the legislation of the Republic of Kazakhstan.
4.5. All Participants' monthly contributions received for the management of the condominium facility and the maintenance of the common property of the condominium facility belong to the Participants on the right of common shared ownership.
The Rights and Obligations of the Participants.
5.1. Participants have the right to:
1) to elect and be elected to the House Council;
2) make proposals on issues related to the management of the condominium facility and the maintenance of the common property of the condominium facility;
3) receive information and actively contribute to solving the tasks facing the Participants;
4) receive utility services under concluded contracts;
5) get acquainted with all documentation related to an apartment building, as well as receive any other information on joint activities;
6) transfer the rights to participate in joint activities with the consent of the parties to this agreement;
7) to refuse to participate in joint activities at its discretion;
8) take part in joint events related to an apartment building;
5.2. The Participants undertake to:
1) to participate in all expenses related to the management of the condominium facility and the maintenance of the common property of the condominium facility;
2) timely make monthly contributions for the management of the condominium facility and the maintenance of the common property of the condominium facility;
3) to observe the cleanliness and safety of the communal property and the adjacent land plot, to observe public order;
4) use the premises owned solely for their intended purpose;
5) comply with the decisions of the meeting of Participants;
6) to prevent actions causing material damage to the common property of the common property of the condominium facility.
Structure, procedure of formation and competence of the bodies of a Simple Partnership
6.1 The bodies of a simple partnership are:
1) The highest body is the meeting of members of a Simple Partnership;
2) The executive body is a trustee of a Simple partnership;
3) The collegial governing body is the House Council;
4) The control body is the audit Commission. 2) The executive body is a trustee of a Simple partnership;
3) The House Council is a governing body;
4) The control body is the audit Commission.
6.2 The trustee of a simple partnership performs the functions of:
1) forming a list of owners of apartments, non-residential premises, parking spaces, storerooms;
2) organization of the execution of decisions of the assembly and the Council of the house;
3) posting in publicly accessible places information about decisions taken by the meeting and the Council of the house and other information, taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection;
4) opening of current and savings accounts in second-tier banks;
5) conclusion and execution of service contracts with service business entities by decision of the house Council;
6) conclusion of contracts for the provision of public utilities for the maintenance of the common property of the condominium facility with organizations providing public utilities and for their payment;
7) monitoring of the deposit of money by the owners of apartments and non-residential premises for the management of the condominium facility and the maintenance of the common property of the condominium facility;
8) submission to the Council of the house of monthly and annual reports on the management of the condominium facility and the maintenance of the common property of the condominium facility;
9) submission, upon written request, within fifteen calendar days to the owner of an apartment, non-residential premises, one of the members of the house council or one of the members of the audit commission (auditor) copies of financial documentation (primary accounting documents, financial statements, documents related to transactions on current and savings accounts) on monthly and annual management reports the condominium object and the maintenance of the common property of the condominium object in paper and (or) electronic form;
10) provision of information in accordance with the requirements specified in the rules for the formation, processing, as well as centralized collection and storage of information in electronic form, including the functioning of informatization facilities in the field of housing relations and housing and communal services approved by the order of the acting. Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated March 31, 2020 No. 172 (registered in the Register of State Registration of Regulatory Legal Acts for No. 20245);
11) performing other functions related to the management of the condominium facility and the maintenance of the common property of the condominium facility.
6.3 The functions of the bodies of a Simple Partnership are established in accordance with the Law.
Term of the Agreement
7.1. This Agreement comes into force from the moment of its signing by the Participants and is of an indefinite nature.
7.2. The grounds and procedure for termination of this Agreement are determined by the current legislation of the Republic of Kazakhstan.
Dispute resolution procedure
8.1. Disputes and disagreements that may arise during the performance of this Agreement are resolved through negotiations between the Participants.
8.2. If it is impossible to resolve disputes through negotiations, the Participants have the right to resolve them in court at the location of the condominium facility.
Final provisions
9.1. In all other matters not regulated in this agreement, the Participants will be guided by the provisions of the current civil and housing legislation of the Republic of Kazakhstan.
9.2. The Agreement is drawn up in one copy for each Participant.
9.3. All annexes to this Agreement are an integral part of it.
Participants:
No. p / p
Last name, First name, Patronymic (if any)
Individual identification number
Apartment no. of non-residential premises
The basis of the ownership right
Contact information (phone number, email address, etc.)
Actual address of residence
Signature
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
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