Can the tenants of the whole house leave the KSK? Can an individual apartment owner terminate their relationship with the KSK? What is the exit order? Can we collect our unused money?
COLLECTIVE WITHDRAWAL FROM THE KSK
CHOICE OF THE FORM OF MANAGEMENT OF THE CONDOMINIUM OBJECT
According to Article 43 of the Law of the Republic of Kazakhstan "On Housing Relations" in a multi-apartment residential building (or part thereof), which has a unified system of engineering and communal support and constitutes a single housing and communal complex, only one of the forms of joint management of a condominium object can be applied.
The form of management of the condominium object is determined by the agreement of its participants. These forms can be:
- direct joint management of all owners, if their number does not exceed twenty;
- cooperative of owners of premises (apartments);
- management of the condominium object by third (outside) parties: elected or hired individuals - managers of residential buildings (managers) or legal entities;
- other forms that do not contradict the legislation of the Republic of Kazakhstan.
CAN THE WHOLE HOUSE GO OUT OF THE KSK?
According to paragraph 6 of Article 42 of the Law "On Housing Relations", by decision of the majority of owners of premises (apartments), the form of management of the condominium object can be changed.
In accordance with paragraph 7 of this article, the owners of the premises of a residential building, which, together with other buildings, is managed by one cooperative of owners of premises, have the right, by decision taken by a majority of their choice:
- leave this cooperative and form its own separate cooperative;
- move to another cooperative;
- apply a different form of management of the condominium object.
THE PROCEDURE FOR LEAVING THE HOUSE FROM THE KSK
To resolve the issue of withdrawing from the condominium and choosing one of the options for servicing the condominium, provided for in paragraph 7 of article 42 of the Law "On Housing Relations", a meeting of owners of premises (apartments) is convened (not a meeting of members of the condominium!).
The meeting in accordance with Article 42-1 of the Law "On Housing Relations" is held at the initiative of the CSC or at the request of at least 1/10 of the owners of all apartments (premises). All owners must be notified of the meeting at least 10 days in advance.
The meeting of owners is competent in the presence of at least 2/3 of the total number of owners of premises (apartments). Each owner has one vote when voting. If the owner owns several premises (apartments), he has the appropriate number of votes.
The decision of the meeting is taken by open or closed voting by a majority of votes from the total number of owners of premises (apartments).
In the absence of a quorum at the meeting, voting is carried out by a written poll in accordance with Article 42-2 of the Law "On Housing Relations".
Voting is carried out by filling in by the owners of the voting sheets on the issues submitted for the poll. When conducting a survey each owner conducting a written survey one vote. If the owner owns several premises (apartments), then he has the appropriate number of votes. Voting results are summed up at the meeting of owners. The decision is considered adopted if more than half of the owners of premises (apartments) voted for it.
Decisions made at the meeting or by written questioning are binding on all apartment owners, including those who did not vote.
INDIVIDUAL EXIT FROM KSK
CAN THE OWNER OF THE PREMISES WITHDRAW FROM THE KSK?
The cooperative of owners of apartments (premises) is a non-profit organization based on membership. Membership in a non-profit organization is based on the principles of voluntary participation and freedom of withdrawal from it. Thus, it is impossible to force the mandatory participation in the KSK.
If the owner of the premises signed an application for joining the KSK, participated in its creation or entered into an agreement with him, then he is a member of the KSK and may, if desired, withdraw from its composition.
The law does not directly regulate the procedure for withdrawing from the KSK. In accordance with subparagraph 5) of paragraph 1 of Article 22 of the Law of the Republic of Kazakhstan "On non-profit organizations", the charter of a non-profit organization (which includes CCCs) must provide for the conditions and procedure for withdrawing from a commercial organization. Thus, the charter, which does not spell out the procedure for withdrawing from the KSK, could not be registered. To comply with this procedure, you must familiarize yourself with the bylaws. In general, in order to withdraw, it is necessary to declare this in writing to the board or the chairman of the KSK.
If the owner of the premises did not declare in writing his desire to become a member of the KSK, then he is not a member of the KSK. Therefore, the entrance from the KSK is not required.
DOES NON-PARTICIPATION IN THE KSK EXEMPT FROM PARTICIPATION IN EXPENSES?
In accordance with paragraph 4 of Article 42 of the Law of the Republic of Kazakhstan "On Housing Relations", the owners of the premises have the right to conclude individual contracts for the provision of housing and maintenance and communal services with organizations providing such services bypassing the CCC.
According to paragraph 8 of Article 43 of the Law "On Housing Relations", the owners of premises who are not involved in managing the affairs of the cooperative, along with all members of the cooperative, are obliged to take a proportionate monetary and (or) labor participation in the maintenance of the condominium object, to comply with all decisions of the management bodies of the condominium object related to to the maintenance and use of common property and ensuring the strength and safety of the operation of the house.
Owners of premises who are not its members are not required to participate in other expenses of the KSK.
IS IT POSSIBLE TO DEMAND THE RETURN OF UNSPENT MONEY WHEN LEAVING THE KSK?
The answer to this question depends on the basis on which the money was deposited in the KSK. In accordance with Article 50-2 of the Law "On Housing Relations", the participants of the KSK have the right to demand a report on the costs associated with the maintenance of common property. If there was no spending of the contributed funds, then the contributed money must be returned to the withdrawing member of the KSK.