A typical form of contract between an association of property owners or a simple partnership and the manager of an apartment building or a management company
Appendix 3 to the Decree of the Minister of Industry
Infrastructural development of the Republic of Kazakhstanot
March 30, 2020 No. 165
A typical form of contract between an association of property owners or a simple partnership and the manager of an apartment building or a management company
city _____________ "___" _________ 20____ year
The association of owners of the property of an apartment building, hereinafter referred to as the "Association", represented by the Chairman of the association _______________ ( last name, first name, patronymic (if any), acting on the basis of the Charter/ A simple partnership of owners of apartments, non-residential premises of an apartment building, hereinafter referred to as a "Simple Partnership", represented by a Trustee ______________________________________________________________________ last name, first name, patronymic (if any)., acting on the basis of a simple written power of attorney on the one hand and the Manager of an apartment building or a Management company______________________________________________________________________, hereinafter referred to as the "Manager" in the person of ___________________________(position, surname, first name, patronymic (if any), acting on the basis of _____________________________________________, on the other hand, and collectively referred to as the "Parties", have concluded this agreement on the management of an apartment building that is a condominium facility.
General provisions
1.1. This agreement is concluded in order to ensure the management of an apartment building located at: ______________________________ ( the name of the housing complex and its actual location (full postal address).
1.2. This agreement is concluded on the basis of a decision of the meeting of owners of apartments, non-residential premises of an apartment building from "__" _________ 20__ The Protocol of the year № ________.
1.3. Information on the composition and technical condition of the common property of an apartment building at the time of conclusion of the contract is reflected in the Inventory of the common property of an apartment building in accordance with Appendix 1 to this agreement.
Subject of the agreement
2.1. Under this agreement, the Association/ A simple partnership assigns, and the Manager undertakes obligations to perform on behalf of and at the expense of the Association./A simple partnership is all legal and factual actions aimed at performing work on the management of a condominium facility, to achieve the goals of managing an apartment building.
2.2. For the fulfillment of the specified assignment, the Association/ A simple partnership pays remuneration to the Manager in accordance with the terms of this agreement.
Obligations of the Parties
3.1. Obligations of the Association/Simple partnership:
3.1.1. Use the common property in an apartment building in accordance with its purpose.
3.1.2. Promptly pay for the services provided under this agreement in accordance with the procedure established by the decision of the meeting of owners of apartments and non-residential premises.
3.1.3. Immediately inform the Manager about the discovery of a malfunction of networks, equipment, metering devices, a decrease in the quality parameters of public services that pose a threat to the life, health, and safety of citizens.
3.1.8. To carry out other duties in accordance with the legislation within the framework of this Agreement.
3.2. Duties of the Manager:
3.2.1. Manage an apartment building in accordance with the terms of this agreement.
3.2.2. Create lists of owners of apartments and non-residential premises.
3.2.3. To prepare materials for the organization of meetings.
3.2.4. Organize the execution of decisions of the meetings and the Council of the House.
3.2.5. To ensure the safety of objects that are part of the common property in an apartment building.
3.2.6. Conclude and execute service agreements with service business entities.
3.2.7. Conclude contracts for the provision of utilities for the maintenance of the common property of the condominium object with organizations providing utilities, their payment, as well as monitoring the execution of contracts for the provision of utilities for the maintenance of the common property of the condominium object.
3.2.8. Draft cost estimates for the management of the condominium facility and the maintenance of the common property of the condominium facility for one calendar year, a monthly and annual report on the management of the condominium facility and the maintenance of the common property of the condominium facility, and submit them to the house council for consideration.
3.2.9. Submit to the house Council a monthly report on the management of the condominium facility and the maintenance of the common property of the condominium facility.
3.2.10. To provide free access to the owners of apartments and non-residential premises to information on the main performance indicators, on concluded contracts for the provision of services and work on the maintenance of the common property of the condominium facility, the procedure and conditions for their provision, and the cost.
3.2.11. Monitor the quality of public utilities and the continuity of their supply to the owners of apartments and non-residential premises.
3.2.12. Within three working days from the date of termination of the agreement on the management of the condominium facility, transfers it to the council of the house or to the chairman of the association of property owners or to the trustee of a simple partnership on the basis of the act of acceptance and transfer:
financial documentation (primary, accounting documents, financial statements, documents related to current account transactions), as well as copies of financial documentation;
technical documentation for an apartment building;
minutes of meetings;
copies of concluded service agreements with service providers and organizations providing public utilities;
copies of acceptance certificates for services rendered for the management of the condominium facility and the maintenance of the common property of the condominium facility;
other documents related to the management of the condominium facility and the maintenance of the common property of the condominium facility;
keys to the premises that are part of the common property of the condominium facility, electronic access codes to the equipment that is part of the common property of the condominium facility;
other technical means and equipment for the management of the condominium facility and the operation of the common property of the condominium facility.
Rights of the Parties
4.1. Association/ Simple partnership:
4.1.1. Promptly receives high-quality services for the management of the condominium facility, maintenance of the common property of the condominium facility, and utilities in accordance with established standards, norms, and terms of this Agreement.
4.1.2. In accordance with the established procedure, it requires compensation for losses incurred due to the fault of the Manager.
4.1.3. Receives information about organizations (name, contact numbers, emergency service numbers) that maintain the common property of an apartment building, about organizations that provide utilities and other services.
4.1.4. Get acquainted with the agreements concluded by the Management Company in order to implement this Agreement.
4.1.5. Considers, submits objections and accepts a monthly report on the management of the condominium facility and the maintenance of the common property of the condominium facility.
4.1.6. Participates in the planning of maintenance and repair of common property in an apartment building, making decisions when changing the work plan.
4.1.7. Complains about actions (inaction) To the state and local executive bodies responsible for monitoring the safety of the housing stock or other bodies, as well as to the court for the protection of their rights and interests.
4.1.8. Controls the work and fulfillment of the Manager's obligations under this Agreement. Require the Manager to provide written answers to questions (requests) related to the execution of this Agreement.
4.2. The Manager:
4.2.1. Concludes contracts with third parties for the performance of works and the provision of services in order to fulfill the obligations stipulated in this agreement.
4.2.2. In accordance with the procedure established by law, it requires compensation for losses incurred by it as a result of violations by the Association./A simple partnership of obligations under this agreement.
4.2.3. Requires the Association/A simple partnership for reimbursement of the costs of repairing common property damaged by its fault in an apartment building.
4.2.4. Under the conditions determined by the meeting of owners of apartments, non-residential premises in an apartment building, use the transferred office premises and other property in accordance with their purpose.
4.2.5. Makes proposals to the meeting of owners of apartments and non-residential premises on the amount of contributions for the maintenance and repair of common property in an apartment building.
4.2.6. Makes proposals to the meeting of owners of parking spaces and storerooms on the amount of contributions for the maintenance of parking spaces and storerooms.
4.2.7. Requires timely payment for the services provided.
4.2.8. Takes measures to collect arrears on utility bills for the maintenance of the common property of the condominium facility.
4.2.9. Carries out targeted fees by decision of the meeting of owners of apartments, non-residential premises in an apartment building.
4.2.10. Organizes verification of the correctness of accounting for resource consumption according to the indications of household metering devices.
4.2.11. Checks the operation of installed household metering devices and the safety of seals.
4.2.12. Monitors the activities of service providers, utility service providers, the performance of work and the provision of services for the maintenance of common property, and their compliance with the terms of contracts.
4.2.13. Other rights provided for by the legislation, attributed to the powers of the Management Company under this agreement.
Responsibility of the Parties
5.1. In case of non-fulfillment or improper fulfillment of obligations under this agreement, the Parties shall be liable, within the framework of the current Legislation of the Republic of Kazakhstan.
5.2. The Manager shall compensate for the damage caused to the common property of an apartment building as a result of her actions or omissions, in the amount of the damage caused.
The order of calculations
6.6. The amount of services provided to the Manager is determined by a decision of the meeting of owners of apartments and non-residential premises.
6.7. Payment for services to the Manager is made no later than the fifteenth day of the month following the settlement one.
Dispute resolution
7.1. All disputes and disagreements that arise between the parties on issues not regulated by this agreement shall be resolved through negotiations.
7.2. If it is impossible to settle disputes through negotiations, disputes are resolved in court at the location of the condominium facility.
The procedure for changing and terminating the contract
8.1. Any amendments and additions to this agreement are valid provided that they are made in writing and signed by authorized representatives of the parties.
8.2. This Agreement is amended or terminated by written agreement of the Parties, as well as in other cases provided for by the legislation of the Republic of Kazakhstan.
8.3. Association/ A simple partnership unilaterally refuses to execute a management agreement for an apartment building based on a decision of a meeting of apartment owners, non-residential premises in an apartment building, if the Manager does not comply with the terms of this agreement.
Final provisions
9.1. This agreement comes into force from the date of its signing by the Parties and is valid for one year and expires. _____________________ 20__ of the year.
The termination (termination) of this Agreement entails the termination of the obligations of the Parties under it, but does not release the Parties to the Agreement from liability for its violations, if any, during the fulfillment of the terms of this Agreement.
9.2. The Agreement is drawn up in two copies: in the official and Russian languages for each of the Parties, having the same legal force.
Details of the Parties
Association of property owners/Simple partnership__________________________________( name)Address: ____________________________Representative__________________________________ Last name, first name, patronymic (if any)Signature ________________________
The "Managing" Address: ______________________Representative:____________________________family, first name, patronymic (if any)Signature ___________________
Attention!
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