Can the entire building leave the KSK? Can an individual apartment owner terminate their relationship with the KSK? What is the procedure for leaving? Can we take back our unused money?
Collective exit from the KSK
Choosing a form of management for a condominium property
According to Article 43 of the Law of the Republic of Kazakhstan "On Housing Relations", in an apartment building (or part thereof), which has a single system of engineering and utilities and constitutes a single housing and utilities complex, only one of the forms of joint management of the condominium object can be used.
The form of management of the condominium object is determined by an agreement of its participants. Such forms can be:
- direct joint management of all owners, if their number does not exceed twenty;
- cooperative of owners of premises (apartments);
- management of a condominium facility by third parties: elected or hired individuals - managers of residential buildings or legal entities;
- other forms that do not contradict the legislation of the Republic of Kazakhstan.
Can the whole house leave 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 a condominium property may be changed.
In accordance with paragraph 7 of the said article, the owners of premises in a residential building, which together with other buildings is managed by one cooperative of owners of premises, have the right, by decision taken by the majority of their choice:
- leave this cooperative and form your own separate cooperative;
- move to another cooperative;
- apply a different form of management of the condominium property.
The procedure for leaving a house from the KSK
To resolve the issue of leaving the KSK and choosing one of the options for servicing the condominium, as 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 KSK!).
The meeting in accordance with Article 42-1 of the Law "On Housing Relations" is held at the initiative of the KSK or at the request of at least 1/10 of the number of 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 if at least 2/3 of the total number of owners of premises (apartments) are present. Each owner has one vote when voting. If the owner owns several premises (apartments), he has the corresponding 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 event of no quorum at the meeting, voting is conducted by written poll in accordance with Article 42-2 of the Law "On Housing Relations".
Voting is carried out by owners filling out voting sheets on the issues submitted for questioning. When conducting a survey, each owner has one vote. If the owner owns several premises (apartments), he has the corresponding number of votes. The results of the vote are summed up at a meeting of owners. The decision is considered adopted if more than half of the owners of the premises (apartments) voted for it.
Decisions made at a meeting or by written survey are binding on all apartment owners, including those who did not participate in the voting.
Individual exit from the KSK
Can the owner of the premises leave the KSK?
The cooperative of apartment (premises) owners is a non-profit organization based on membership. Membership in a non-profit organization is based on the principles of voluntary participation and freedom to leave it. Thus, it is impossible to force mandatory participation in the KSK.
If the owner of the premises signed an application to join the KSK, participated in its creation or entered into an agreement with it, then he is a member of the KSK and can, if desired, leave its membership.
The law does not directly regulate the procedure for withdrawal from the KSK. In accordance with subparagraph 5) of paragraph 1 of Article 22 of the Law of the Republic of Kazakhstan "On Non-Commercial Organizations", the charter of a non-commercial organization (which includes KSK) must provide for the conditions and procedure for withdrawal from a commercial organization. Thus, a charter that does not specify the procedure for withdrawal from the KSK could not be registered. To comply with this procedure, you must familiarize yourself with the charter. In general, to withdraw, you must notify the board or chairman of the KSK in writing.
If the owner of the premises has not declared in writing his desire to become a member of the KSK, then he is not a member of the KSK. Therefore, entry from the KSK is not required.
Does non-participation in the KSK exempt you from participation in expenses?
In accordance with paragraph 4 of Article 42 of the Law of the Republic of Kazakhstan "On Housing Relations", owners of 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 KSK.
According to paragraph 8 of Article 43 of the Law "On Housing Relations", owners of premises who do not participate in the management of the cooperative's affairs, along with all members of the cooperative, are obliged to take proportionate monetary and (or) labor participation in the maintenance of the condominium facility, to implement all decisions of the management bodies of the condominium facility related to the maintenance and use of common property and ensuring the strength and safety of the operation of the building.
Owners of premises who are not members of the KSK are not required to participate in other expenses.
Is it possible to demand a refund of unspent money when leaving the KSK?
The answer to this question depends on the basis on which the money was contributed to the KSK. In accordance with Article 50-2 of the Law "On Housing Relations", KSK members have the right to demand a report on expenses related to the maintenance of common property. If the contributed funds were not spent, then the contributed money must be returned to the leaving KSK member.