The standard charter of the association of property owners
Chapter 1. General provisions
The present Standard Charter of the association of owners of property located at: ____________ ( legal address) (hereinafter referred to as the Charter), developed in accordance with the Civil Code of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan "On Housing Relations", "On non–profit organizations" and approved by the decision of the meeting owners of apartments, non-residential premises from _____________ year (Protocol no. __).
The association of property owners (hereinafter referred to as the association) is a legal entity in the form of a non-profit organization formed by the owners of apartments, non-residential premises of an apartment building, which manages a condominium facility, finances its maintenance and ensures its safety.
In order to manage the condominium facility, finance its maintenance and ensure the safety of the common property of the condominium facility, an Association is being created by the owners of apartments and non-residential premises of one multi-apartment building.
3-1) In multi-apartment residential buildings located on a single foundation or having single communal engineering systems or a single indivisible land plot under an apartment building and (or) an adjacent land plot, the owners of apartments and non-residential premises create one association of property owners with the consent of the majority of owners of apartments and non-residential premises of each apartment building.
Full name of the Association: in the official language -_______________________________________________________________ in Russian - ____________________________________________________abbreviated name in the official language – ____________________; in Russian - ____________________________________________________.
The Association carries out its activities on the territory of ___________ The term of the Association's activity is unlimited.
Location of the Association: ___________________________________
Chapter 2. The object and objectives of the Association's activities
The subject of the Association's activity:
1) management of the condominium facility, financing of its maintenance;
2) ensuring the safety of the common property of the condominium facility by the owners of apartments and non-residential premises;
3) represents the interests of its members in all courts, government agencies and organizations;
4) making proposals to government agencies on the management, maintenance and safe operation of an apartment building;
5) checking the quantity and quality of communal services received by an apartment building using household metering devices for compliance with the payment for them submitted to the owners of apartments and non-residential premises;
6) determining the timing of planned (ongoing) and major repairs in an apartment building and organizing control over the repair work;
7) performs other functions established by the Law of the Republic of Kazakhstan "On Housing Relations", the legislation of the Republic of Kazakhstan and this Charter.
The purpose of the Association's activities is 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.
Chapter 3. Rights and obligations of the Association
Association in law:
1) to disseminate information about their activities;
2) open bank accounts in accordance with the procedure established by law;
3) have a seal, stamps and letterheads with the full name of the organization in the state and Russian languages, as well as an emblem (symbols) registered in accordance with the established procedure;
4) have separate property in ownership or operational management, as well as an independent balance sheet or estimate;
5) to acquire and exercise property and personal non-property rights;
6) use the funds for the implementation of the objectives stipulated in the Charter;
7) be a plaintiff and a defendant in court;
8) provide its participants with an opportunity to familiarize themselves with documents and decisions affecting their rights and interests;
9) exercise other rights that do not contradict the legislation of the Republic of Kazakhstan.
The Association must:
1) comply with the legislation of the Republic of Kazakhstan;
2) pay taxes and other mandatory payments to the budget in accordance with the established procedure;
3) be liable for their obligations with all property belonging to them (with the exception of institutions);
4) inform its participants about the receipt and expenditure of funds, in accordance with the form of monthly and annual reports on the management of the condominium facility and the maintenance of the common property of the condominium facility, approved by the authorized body;
5) be responsible in accordance with the legislative acts of the Republic of Kazakhstan.
Chapter 4. The structure of the Association
The governing bodies of the Association are:
1) The supreme body is the meeting of the members of the Association (hereinafter referred to as the Meeting);
2) The Executive body is the Chairman of the Association;
3) The collegial governing body is the council of an apartment building (hereinafter referred to as the Council of the house);
4) The control body is the audit Commission.";
The functions of the Association's governing bodies are established in accordance with the housing legislation of the Republic of Kazakhstan.
Chapter 5. Meeting of the members of the Association
The meeting is held at least once a year. A meeting is convened or a written survey is appointed on the initiative of the council of the house or the chairman of the association of property owners, or a trustee of a simple partnership, or at the request of the audit commission (auditor), or at the request of at least ten percent of the owners of apartments, non-residential premises, or at the initiative of the housing inspectorate. During the meeting, these persons decide on the choice of an object of informatization in the field of housing relations and housing and communal services for electronic voting.
The competence of the Meeting includes the following issues::
1) election of the chairman of the association of property owners, a trustee of a simple partnership, members of the house council, re-election, as well as early termination of their powers;
2) election of the audit commission (auditor), re-election, as well as early termination of its (his) powers;
3) making a decision on choosing the form of management of the condominium facility or delegating authority to choose the form of management to the council of the house;
4) making a decision on choosing the manager of an apartment building or a management company, or delegating such powers to the council of the house;
5) approval of the charter of the association of property owners or the conclusion of a simple partnership agreement;
6) making a decision on the replacement (repair) of elevators in an apartment building;
7) approval of the amount of contributions to accumulate money for capital repairs of the common property of the condominium facility, exceeding the amount of contributions provided for by the Law of the Republic of Kazakhstan "On Housing Relations";
8) approval of the annual report on the management of the condominium facility and the maintenance of the common property of the condominium facility on the execution of the annual cost estimates for the management of the condominium facility and the maintenance of the common property of the condominium facility;
9) determination of the common property of the condominium object, as well as changes in its composition;
10) approving the annual cost estimate for the management of the condominium facility and the maintenance of the common property of the condominium facility, making changes and additions to it, as well as approving the amount of costs for the management of the condominium facility and the maintenance of the common property of the condominium facility;
11) approval of the amount of payment for the maintenance of the parking space, storage room in accordance with the methodology for calculating the cost estimates for the management of the condominium facility and the maintenance of the common property of the condominium facility, as well as the methodology for calculating the minimum amount of costs for the management of the condominium facility and the maintenance of the common property of the condominium facility;
12) making a decision on major repairs of the common property of the condominium facility (modernization, reconstruction, restoration), on approval of the annual cost estimates for major repairs of the common property of the condominium facility;
13) making a decision on the collection of targeted contributions and their amount;
14) making a decision by the owners of parking spaces and storerooms on the collection of targeted contributions and their amount;
15) making a decision on spending the money accumulated in the savings account;
16) making a decision on the transfer to the owner of an apartment, non-residential premises or to third parties of a part of the common property of a condominium facility for property lease (lease) or delegating such authority to the council of the house;
17) making a decision on the choice of subjects of service activity or delegating such authority to the council of the house;
18) approval, if necessary, of the amount of remuneration to the council of an apartment building and the audit commission (auditor) based on the results of activities for the reporting period;
19) agreeing on the amount of remuneration to the chairman of the association of property owners, a trustee of a simple partnership;
20) making a decision on the choice of an object of informatization in the field of housing relations and housing and communal services or delegating such authority to the council;
21) other issues related to the management of the condominium facility and the maintenance of the common property of the condominium facility.";
The order of the Meeting:
1) The Meeting is competent 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.
Every owner of an apartment or non-residential premises has the right to know how other owners of apartments or non-residential premises voted.;
2) a chairman from among the members of the Association is elected to lead the Meeting. When the Meeting is held in person, all the members of the Association who took part in the voting are signed in the minutes.;
3) a secretary is elected from among the participants of the Meeting of Apartment Owners and non-residential premises to fill out the minutes.;
4) the list of the voted owners of apartments, non-residential premises, indicating their last name, first name, patronymic (if it is indicated in the identity document), apartment numbers, non-residential premises is an integral part of the minutes of the meeting, stitched and numbered;
5) the minutes of the meeting are signed by the Chairman, the secretary of the meeting, and the members of the House Council;
6) The minutes of meetings are kept by the chairman of the association of property owners or a trustee of a simple partnership. When forming an electronic document, the minutes of meetings are stored in accordance with the Law of the Republic of Kazakhstan "On Electronic Document and Electronic Digital Signature". Copies of the minutes of meetings are submitted at the request of the owner of the apartment, non-residential premises or housing inspection within five working days.
The Meeting has the right to decide on the payment of remuneration to the members of the House Council. Such a decision contains the terms and procedure for the payment of the specified remuneration, as well as the procedure for determining its amount based on the results of activities for the reporting period.
Chapter 6. Chairman of the Association
The chairman of the association of property owners is elected at the meeting from among the owners of apartments and non-residential premises for a period of one year. Family members of the owner of the apartment, non-residential premises (spouse, joint or one of the spouses children (including adopted children), parents and parents of the spouse permanently residing with the owner of the apartment, non-residential premises, are elected as the chairman of the association of property owners.
The Chairman of the Association performs the following functions:
1) general management of the Association's activities;
2) organizes the work of the Association to fulfill the tasks assigned to it;
3) organizes the financial and economic activities of the Association;
4) sets the mode of operation of the Association;
5) state registration of the association of property owners in the judicial authorities;
6) forming a list of owners of apartments, non-residential premises, parking spaces, storerooms;
7) organization of the execution of decisions of the assembly and the Council of the House;
8) 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;
9) opening of current and savings accounts in second-tier banks;
10) conclusion and execution of service contracts with service business entities by decision of the house Council;
11) 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;
12) 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;
13) 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;
14) submitting, upon written request, within fifteen calendar days, copies of financial documentation (primary accounting documents, financial statements, documents related to current and savings account transactions) for monthly and annual reports to the owner of an apartment, non-residential premises, one of the members of the council of an apartment building or one of the members of the audit commission (auditor). for the management of the condominium facility and the maintenance of the common property of the condominium facility in paper and (or) electronic form;
15) 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);
16) on the basis of a decision of the Meeting and (or) on the basis of a decision of the council of an apartment building, concludes an agreement with the manager of an apartment building or a management company for the management of a condominium facility;
17) considers complaints and appeals from the members of the Association and organizes their resolution, if necessary, initiates the raising of these issues before the managing organization.;
18) conducts explanatory work with the members of the Association;
19) maintains monitoring and a register of the Association's members;
20) ensures the publicity and transparency of the Association's activities;
21) ensures the storage and transfer to the newly elected chairman of the Association, in case of resignation of his powers, the documentation of an apartment building (title deeds, financial, accounting and other documents);
22) represents the association of property owners in all courts, government agencies and organizations without a power of attorney.;
23) concludes agreements on the lease of the common property of an apartment building, ensures their execution and the transfer of rental income to the needs of an apartment building;
24) in case of non-repayment by the owner of an apartment, non-residential premises, parking space, storeroom of arrears in payments specified in subitems 6-1), 9), 10) and 12) of paragraph 14 of this Model Charter of the association of property owners, the chairman of the association of property owners or on the basis of a power of attorney, the manager of an apartment building, or the management company, apply to a notary or to the court for debt collection after three months after the due date;
25) performing other functions related to the management of the condominium facility and the maintenance of the common property of the condominium facility.
Chapter 7. The Audit Commission
The owners of apartments and non-residential premises at the meeting elect an audit commission consisting of at least three persons or an auditor from among the owners of apartments and non-residential premises who control the management of the condominium facility and the maintenance of the common property of the condominium facility.
Family members of the chairman of the association of property owners or the council of the house are not elected members of the audit commission (auditor).
The Audit Commission (auditor) verifies the financial documentation for the management of the condominium facility and the maintenance of the common property of the condominium facility.
The Audit Commission (auditor), within the limits of its competence, submits proposals to the meeting on the management of the condominium facility and the maintenance of the common property of the condominium facility.
The Audit Commission (auditor) is elected for a three-year term and cannot perform other functions related to the management of the condominium facility and the maintenance of the common property of the condominium facility.
The owners of apartments and non-residential premises, based on the decision of the meeting, have the right to conclude an agreement on the provision of audit services to verify the results of activities related to the management of the condominium facility and the maintenance of the common property of the condominium facility.
Chapter 8. The Council of the House
The owners of apartments and non-residential premises at the meeting elect from among the owners of apartments and non-residential premises the council of the house, which consists of at least three owners of apartments and non-residential premises. If an apartment building has more than three entrances, then one representative from each entrance is elected to the house council, if possible.
Family members of the chairman of the property owners association or the audit commission (auditor) are not elected members of the house council.
The Council of the house represents the interests of apartment owners and non-residential premises on the management of the condominium facility and the maintenance of the common property of the condominium facility.
The House Council performs the following functions:
1) the choice and change of the form of management of the condominium facility, provided that the assembly delegates such powers to the council of the house;
2) making a decision on choosing the manager of an apartment building or a management company, provided that the meeting delegates such powers to the council of the house;
3) coordination of the activities of an association of property owners, a simple partnership managing an apartment building or a management company;
4) consideration of draft annual cost estimates for the management of the condominium facility and the maintenance of the common property of the condominium facility, monthly and annual reports on the management of the condominium facility and the maintenance of the common property of the condominium facility, and submission of the draft annual cost estimates for approval by the assembly, unless otherwise provided by this Law;
5) organization of a meeting or a written survey on issues within the competence of the meeting, registration of minutes of meetings and voting sheets;
6) Monitoring:
the quality of public services and the continuity of their supply to the owners of apartments, non-residential premises;
fulfillment of the terms of contracts with service entities;
7) making a decision on the selection of subjects of service activity, provided that the meeting delegates such authority to the council of the house;
8) making a decision on the transfer to the owner of an apartment, non-residential premises or to third parties of a part of the common property of a condominium object for property lease (lease), provided that the meeting delegates such authority to the council of an apartment building;
9) making a decision on the choice of an object of informatization in the field of housing relations and housing and communal services, provided that the assembly delegates such authority to the council of the house;
10) monitoring the spending of money on current and savings accounts;
11) performing other functions related to the management of the condominium facility and the maintenance of the common property of the condominium facility.
The House Council is elected for a three-year term. A member of the house council may not be elected chairman of an association of property owners, a trustee of a simple partnership, or a member of the audit commission (auditor). In case of improper performance of his duties, he may be re-elected ahead of schedule by a meeting from among the owners of apartments and non-residential premises of a condominium facility.
The decision of the house Council on matters within its competence is made by a simple majority of the votes of the members of the house Council, formalized by a protocol signed by the members of the house Council. The decision of the house council is binding on the chairman of the association of property owners, a trustee of a simple partnership, the manager of an apartment building or management company, owners of apartments, non-residential premises, parking spaces, storerooms. Chapter 9. Sources of formation of the Association's property
The property of the Association consists of the assets of the Association, the value of which is reflected on its balance sheet.
The property of the Association is indivisible and cannot be distributed among the owners of apartments and non-residential premises of the Association.
The property of the Association is formed by:
1) contributions from the members of the Association and financial assistance from individuals and legal entities;
2) proceeds from charity events and other events held by the Association;
3) income related to the management and maintenance of the common property of the condominium facility;
4) other funds and receipts that are not prohibited by the current legislation of the Republic of Kazakhstan.
The monthly contributions of the members of the Association to the savings account are intended exclusively for capital repairs of an apartment building (certain types of its work) and cannot be used for other purposes.
All funds received by the Association, including contributions from the members of the Association, as well as net income from activities belong to the Association by right of ownership and are used for statutory purposes.
The rights of the Property Management Association are regulated by the current legislation of the Republic of Kazakhstan.
Chapter 10. Financial year and reporting
The financial year of the Association is set from January 1 to December 31 of the calendar year.
Chapter 11. The procedure for making amendments and additions to the Charter
Amendments and additions to these Articles of Association may be made only by resolution of the Meeting.
Amendments and additions to the Articles of Association are made if more than half of the total number of those present at the Meeting voted for them. Amendments and additions made to the Charter of the Association are subject to registration in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
Chapter 12. The procedure for reorganizing and terminating the activities of the Association and the use of property in the event of liquidation
The association may be reorganized and liquidated by a decision of the Meeting or on other grounds provided for by the legislation of the Republic of Kazakhstan.
The procedure for reorganizing and liquidating an Association is regulated by the Civil Code of the Republic of Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan.
The property and funds of the liquidated Association after settlements with creditors cannot be distributed among the participants of the Association and are transferred for the purposes specified in this Charter.
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