Addendum to the claim review
To the Bostandyk District Court of Almaty
Judge Utebekov A.D.
Almaty, Bostandyk district, md. Orbit 2, 20a.
+7 778 ………..
from the Defendant: AXES OF "MZhK ave. n.223"
BEAN .
223 N. N. ave., Almaty.
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 708 971 78 58.
Addition to the review
on the claim
In your proceedings there is a civil case No. 7514-23-00-2/7826 dated 07/25/2023 on the claim of D.G.E., D.S.S., B.N.E., J.T.V., M.A.A., S.S.B., J.K.N. (Hereinafter referred to as the Plaintiffs) to the Association of Property Owners "MZHK 223 Nazarbayev Avenue" (Hereinafter referred to as the Defendant) on the recognition of the protocol and the decision of the meeting of owners of apartments and non–residential premises of the Nazarbayev Housing and Communal Services 223 as illegal.
We would like to add the following arguments to the review:
On October 16, 2023, we received an official response No. TT-2023-02073716 from the Department of Justice of Almaty city, where the justice Department confirms the state registration of the Association of Property Owners of the "N.Nazarbayev Avenue 223 Multifunctional Residential Complex" represented by the Chairman of K.B.T. The last registration took place on June 1, 2023.
In accordance with paragraph 3, Article 44 of the Law of the Republic of Kazakhstan "On Housing Relations" (hereinafter – the Law) For the state registration of the association of property owners to the judicial authorities, the defendant provided:
1) an application in the form prescribed by the Ministry of Justice of the Republic of Kazakhstan;
2) Minutes of the meeting;
3) the charter of the association of property owners;
4) a receipt or other document confirming the payment to the budget of the registration fee for the state registration of a legal entity.
Regarding the written survey sheets, we inform you that the survey was collected and conducted in accordance with art. 42-2 of the Law.
According to paragraph 5, art. 42-1 of the Law, the assembly is authorized to make a decision if more than half of the total number of apartment owners and non-residential premises participate in it.
The decision is made with the consent of the majority of the total number of owners of apartments and non-residential premises who directly participated in the voting.
The number of owners who voted for the re-election of the Chairman of the AXIS was higher than those who did not vote or did not support the Re-election.
166 of the Civil Procedure Code of the Republic of Kazakhstan, where the defendant submits to the court a response to the Statement of Claim with attached documents that refute the arguments regarding the claim, as well as copies of the response and the documents attached to it.
Based on the above and in accordance with art. 166 of the CPC RK,
I ask the Court:
The claims of the plaintiffs D.G.E., D.S.S., B.N.E., J.T.V., M.A.A., S.S.B., J.K.N. to the Association of property owners "MZHK Avenue Nazarbayev 223" on the recognition of the protocol and the decision of the meeting of owners of apartments and non–residential premises MZHK Nazarbayev 223 illegal - in to refuse satisfaction;
In case of refusal to satisfy the claim, to recover from the plaintiffs D.G.E., D.S.S., B.N.E., Zh.T.V., M.A.A., S.S.B., Zh.K.N. in favor of the Defendant, the Association of Property Owners "MZHK 223 Nazarbayev Avenue" representative expenses in the amount of 500,000 tenge.
With respect,
Representative by proxy: Kenesbek I.M.
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.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
