Article 51-1. Chairman of the Association of property Owners The Law on Housing Relations

Home / Laws / Article 51-1. Chairman of the Association of property Owners The Law on Housing Relations

1. The Chairman of the association of property owners is elected at a meeting from among the owners of apartments and non-residential premises for a period of three years and is a member of the council of the house.

Family members of the owner of an apartment or non-residential premises (spouse, joint or one of the spouses' children (including adopted children), parents and parents of the spouse, families of children permanently residing with the owner of the apartment or non-residential premises) may be elected as the chairman of the association of property owners.

2. The chairman of the association of property owners has the right, without a power of attorney and a decision of the meeting, to represent the association of property owners in all courts, government agencies and other organizations.

3. The chairman of the association of property owners is obliged to ensure the safety of:

documentation for an apartment building specified in paragraph 2 of Article 31 of this Law (if any);

financial documentation for an apartment building (primary accounting documents, financial statements, documents related to current and savings account transactions);

minutes of meetings;

concluded utility contracts for the maintenance of the common property of the condominium facility with organizations providing utilities;

certificates of acceptance of services rendered for the management of a condominium facility;

monthly and annual reports on the management of the condominium facility;

seals (if any);

keys to non-residential 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;

inventory acquired through current, funded, and targeted contributions;

other documentation, technical means and equipment necessary for the operation of an apartment building.

4. Upon termination of his activity in managing a condominium facility, the chairman of the association of property owners is obliged, within no more than ten working days, to transfer, on the basis of an act of acceptance and transfer, to the new chairman of the association of property owners or to the entity managing the condominium facility, when the owners of apartments and non-residential premises choose the form of management of the condominium facility in the form of direct joint management or, in the absence of a housing inspectorate the documentation, technical means and equipment specified in paragraph 3 of this Article.

5. The Chairman of the association of property owners ensures:

1) state registration and re-registration of the association of property owners;

2) forming a list of owners of apartments, non-residential premises, parking spaces, storerooms;

3) implementation of a set of measures aimed at ensuring safe and comfortable living conditions for owners of apartments, non-residential premises, parking spaces, storerooms;

4) organization of the meeting;

5) 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;

6) conclusion of employment contracts;

7) execution of decisions of the assembly and the Council of the House;

8) drafting the annual cost estimates for the management of the condominium facility and the annual report on the management of the condominium facility and submitting them to the house council for consideration;

9) submission to the council of the house of the monthly report on the management of the condominium facility;

10) opening of current and savings accounts in second-tier banks within fifteen calendar days;

11) monitoring the payment by owners of apartments, non-residential premises, parking spaces, storerooms of current, accumulative, targeted contributions and current contributions for the maintenance of parking spaces, storerooms;

12) submitting, upon written request, within one month to the owner of an apartment, non-residential premises, parking space, storage room, a copy of financial documentation related to operations on current and savings accounts (statements), monthly and annual reports on the management of the condominium facility, resolutions of the meeting on paper and (or) in electronic form, taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection;

13) monitoring the quality of public services and the continuity of their supply to the owners of apartments, non-residential premises, parking spaces, storerooms;

14) posting in publicly accessible places and at digitalization facilities in the field of housing and communal services monthly and annual reports on the management of the condominium facility, information on decisions taken by the meeting and the council of the house and other information (if available), taking into account the requirements established by the legislation of the Republic of Kazakhstan on personal data and their protection;

15) implementation of measures to prepare engineering networks and equipment for the heating season, proper operation of elevators and lifts for low-mobility groups of the population, smoke extraction systems, fire alarm systems, internal fire water supply;

16) providing 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 digitalization facilities in the field of housing relations and housing and communal services;

17) performing other functions related to the management of the condominium facility.

6. If the chairman of the association of property owners is unable to perform his functions due to temporary disability or other reason for more than fifteen calendar days, the Council of the house elects the acting chairman of the association of property owners from among the members of the council of the house until the election of a new chairman of the association of property owners for a period not exceeding six months.

The acting chairman of the association of property owners is not entitled to perform the functions provided for in subparagraphs 1), 5) and 10) of paragraph 5 of this Article.

7. The chairman of the association of property owners has the right to conclude an employment contract with the manager of an apartment building in order to manage a condominium facility.

The manager of an apartment building must be a citizen of the Republic of Kazakhstan and have a document recognizing his professional qualifications in accordance with the Law of the Republic of Kazakhstan "On Professional Qualifications".

The manager of an apartment building, after receiving a document on the recognition of professional qualifications, as well as upon conclusion of an employment contract with the association of property owners represented by the chairman, sends information to the housing inspectorate to include this information in the register of management entities of the condominium and managers of apartment buildings.

The Law of the Republic of Kazakhstan dated April 16, 1997 No. 94.

President

Republic of Kazakhstan

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