On management of multi-apartment houses (LRU-581-son)
On management of multi-apartment houses (LRU-581-son)
07.11.2019
Law of the Republic of Uzbekistan
Adopted by the Legislative Chamber on August 6, 2019 Approved by the Senate on October 11, 2019
Chapter 1. General Provisions
Article 1. Purpose of this Law
The purpose of this Law is the regulation of relations in the field of managing multi-apartment houses.
Article 2. Scope of this Law
The action of this Law extends to owners of residential and non-residential premises in multi-apartment houses (hereinafter — owners of premises), organizations managing a multi-apartment house and managers, partnerships of homeowners, as well as other persons whose activity is related to the management of multi-apartment houses.
This Law does not apply to relations associated with the management of a multi-apartment house when the owner of the multi-apartment house is a single legal or physical person.
Article 3. Legislation on management of multi-apartment houses
The legislation on the management of multi-apartment houses consists of this Law and other acts of legislation.
If an international treaty of the Republic of Uzbekistan establishes other rules than those stipulated by the legislation of the Republic of Uzbekistan on the management of multi-apartment houses, the rules of the international treaty shall apply.
Article 4. Basic principles of managing multi-apartment houses
The basic principles of managing multi-apartment houses are:
freedom of choice of the management method;
self-governance;
collegiality;
openness and transparency;
organizational and financial independence;
systematic reporting to the owners of premises.
Article 5. Multi-apartment house
A multi-apartment house is a set of two or more apartments having independent exits either to a land plot adjacent to the multi-apartment house, or to common areas in such a house. A multi-apartment house contains elements of common property belonging to the owners of premises based on the right of shared ownership (hereinafter — common property).
Article 6. Common property
Common property consists of common premises in a multi-apartment house, bearing and enclosing structures, inter-apartment stairwells, stairs, elevators, elevator and other shafts, corridors, technical floors, basements, attics and roofs, intra-house engineering networks and communications, mechanical, electrical, sanitary-technical and other equipment and devices located outside or inside the premises and serving more than one premise.
Article 7. Land plot adjacent to a multi-apartment house
The land plot adjacent to a multi-apartment house is granted by local state authority bodies to the owners of premises of the multi-apartment house based on the right of permanent use. Responsibility for the sanitary condition and landscaping of the said land plot rests with the owners of premises of the multi-apartment house.
The cadastral passport of each multi-apartment house must mandatorily contain information on the land plot adjacent to the multi-apartment house, including the cadastral plan of the land plot.
The land plot adjacent to a multi-apartment house is indivisible and cannot be divided into independent land plots.
The size of the area of the land plot adjacent to a multi-apartment house for newly constructed objects is determined in accordance with the requirements of urban planning standards, based on the conditions of ensuring minimal fire safety and sanitary gaps between buildings, and access to all parts of the property.
Local state authority bodies, within a period not later than thirty days after the appeal of the management organization, manager, or council of the multi-apartment house, under direct management of the multi-apartment house by owners of premises, or the board of the partnership of homeowners (hereinafter — management body of the multi-apartment house), are obliged to establish the boundaries and sizes of the land plot adjacent to the multi-apartment house, and issue the necessary documents establishing the right of permanent use of such a land plot to the management body of the multi-apartment house.
Article 8. Method of managing a multi-apartment house
Management of a multi-apartment house includes a set of measures to ensure favorable and safe living conditions for residents and use of non-residential premises, proper maintenance of common property, and resolution of issues regarding the use of common property.
The method of managing a multi-apartment house is determined by the general meeting of owners of premises of the multi-apartment house.
Management of a multi-apartment house may be carried out:
directly by the owners of premises (hereinafter — direct management of a multi-apartment house);
by a legal entity — a management organization, or a physical person (individual entrepreneur) — a manager, based on a contract (hereinafter — management organization or manager);
by a partnership of homeowners — a non-profit organization uniting owners of residential and non-residential premises in one or several compactly located multi-apartment houses (hereinafter — partnership).
Chapter 2. State assistance in managing multi-apartment houses
Article 9. State support for management bodies of multi-apartment houses
The state guarantees the provision of rights and protection of legitimate interests of owners of premises, management organizations and managers, partnerships, and assists in their development and strengthening.
The main directions of state support for management bodies of multi-apartment houses are:
improvement of normative-legal acts, including standards, in the housing and communal sphere;
assistance in the liquidation of emergency situations in multi-apartment houses;
improvement of the system of payment for utility services;
creation of conditions for the development of competition in the provision of services in the housing and communal sphere;
provision of benefits on taxes and other mandatory payments, as well as preferential credits;
provision of support to low-income families for the maintenance of multi-apartment houses;
provision of land plots adjacent to a multi-apartment house on the right of permanent use;
implementation of training and retraining of personnel in the sphere of managing multi-apartment houses;
adoption of specific programs and other measures for creating an effective system of operation of multi-apartment houses.
Article 10. Coordination of activity of management bodies of multi-apartment houses
Coordination of the activity of management bodies of multi-apartment houses is carried out by the Ministry of Housing and Communal Services of the Republic of Uzbekistan in the following directions:
effective organization of systematic work on the operation and maintenance of multi-apartment houses and land plots adjacent to multi-apartment houses;
organization of works on conducting monitoring of the technical condition of multi-apartment houses;
implementation of control over compliance with requirements for maintenance, operation, and determination of operational costs, rules and norms of technical operation of multi-apartment houses, requirements for maintenance of land plots adjacent to multi-apartment houses, in accordance with sanitary norms, rules, and hygienic standards;
timely and high-quality preparation of multi-apartment houses for seasonal operation;
assistance in the introduction of innovative activity and modern innovative technologies;
introduction of information systems and information resources for keeping records of management bodies of multi-apartment houses and reporting on their activity;
placement and updating of information on the activity of management bodies of multi-apartment houses related to the rights and interests of owners of premises of multi-apartment houses on the official website of the Ministry;
provision of informational and consulting assistance on managing multi-apartment houses;
legal and methodological support of the activity of management bodies of multi-apartment houses;
development of proposals for improving the normative-legal base on managing multi-apartment houses, development and introduction of modern forms and methods of managing multi-apartment houses, taking into account the advanced experience of developed foreign countries;
organization of advanced training courses for specialists in managing multi-apartment houses;
conducting attestation and issuance of a qualification certificate to officials of management organizations and managers, chairmen of the board of partnerships for managing multi-apartment houses.
Article 11. State control in the field of managing multi-apartment houses
State control in the field of managing multi-apartment houses is carried out for the purpose of ensuring compliance with rules and norms of technical operation of a multi-apartment house and requirements for maintenance of the land plot adjacent to the multi-apartment house, in accordance with sanitary norms, rules, and hygienic standards.
State control in the field of management bodies of multi-apartment houses is carried out by the Inspection for Control in the Sphere of Operation of Multi-Apartment Housing Fund under the Ministry of Housing and Communal Services of the Republic of Uzbekistan and its territorial inspections (hereinafter — Housing Fund Inspection).
Article 12. Powers of housing fund inspection
Housing Fund Inspection carries out state control over:
compliance with rules and norms of technical operation of multi-apartment houses, requirements for maintenance of land plots adjacent to multi-apartment houses, in accordance with sanitary norms, rules, and hygienic standards, prevention of unauthorized reconstruction and redevelopment of premises by owners;
compliance with established rules and systematic conduct of repair and restoration works of common property, facades of multi-apartment houses, intra-house engineering communications;
compliance by organizations of the housing and communal services sphere with requirements of normative documents in the field of technical regulation when providing corresponding services;
targeted use of funds of owners of premises in multi-apartment houses, accumulated for conducting capital repair of multi-apartment houses.
Housing Fund Inspection is granted powers to issue mandatory prescriptions:
to management bodies of multi-apartment houses or owners of premises — on the elimination of existing violations of rules of maintenance and technical operation of multi-apartment houses, requirements for maintenance of land plots adjacent to multi-apartment houses, in accordance with sanitary norms, rules, and hygienic standards;
to organizations of the housing and communal services sphere — on compliance with requirements of normative documents in the field of technical regulation when providing corresponding services.
Decisions of Housing Fund Inspection, actions (inaction) of its officials may be appealed in a judicial procedure.
Chapter 3. Common property in a multi-apartment house
Article 13. Right of ownership to common property
Common property belongs to the owners of premises on the right of common shared ownership.
The right of using common property does not depend on the share of the owner in the common property. Owners of premises have equal rights to use common property and the land plot adjacent to the house.
Separate parts of common property, except for those indicated in parts seven and eight of this article, may be transferred for use to owners of premises or other persons in the procedure established by the decision of the general meeting of owners of premises.
An owner of a premise using separate parts of common property exclusively in their own interests is obliged to make a payment for the maintenance of common property in the amount established by the decision of the general meeting of owners of premises.
In common property, the share of an owner of a premise cannot be allocated in kind.
Separate parts of common property, except for those indicated in parts seven and eight of this article, may be alienated based on a decision adopted unanimously by all participants of common shared ownership.
Common property is not subject to alienation or transfer for use to one or several owners, or other persons, if its alienation or transfer for use limits other owners in the realization of their property rights.
It is prohibited to alienate bearing and enclosing structures, inter-apartment stairwells, stairs, elevators, elevator and other shafts, intra-house engineering networks and communications, mechanical, electrical, sanitary-technical and other equipment and devices located outside or inside premises and serving more than one premise.
Article 14. Participant of shared ownership to common property
The share of each owner in the right of common ownership to common property is proportional to the share of the area of the premise belonging to them in the total area of residential and non-residential premises of all owners of the given multi-apartment house. The size of the total area of a premise in a multi-apartment house is determined according to the cadastral passport for this premise.
In case a separate premise belongs to several owners, they participate in the management of common property in the multi-apartment house as one participant of shared ownership with joint responsibility in common obligations. Relationships between such owners are regulated by an agreement between them.
In the absence of a written agreement, each of the owners has equal indivisible rights and duties conditioned by ownership of the common property.
The share in the right of ownership to common property cannot be separated from the right of ownership to residential and non-residential premises and transfers exclusively together with it.
Article 15. Maintenance of Common Property
Maintenance of common property is aimed at ensuring proper technical and sanitary condition of common property.
Maintenance of common property includes maintaining technical and sanitary condition, servicing, repair, and other activity aimed at the preservation and creation of necessary conditions for using this property.
The management body of a multi-apartment house is obliged to carry out mandatory measures and works on the maintenance of common property in accordance with mandatory norms, the non-implementation of which may present immediate danger to the multi-apartment house, life, health of people, property of persons, and the environment.
Mandatory norms include fire safety, sanitary, urban planning norms, and measures for servicing the multi-apartment house.
If cases arise in a multi-apartment house presenting a real danger to the life, health, and property of persons or the environment, the Housing Fund Inspection is obliged to take measures to eliminate this danger, notifying the owners of premises and the management body of the multi-apartment house in advance about this.
The fact of the existence of danger must be confirmed by the corresponding state body.
Article 16. General expenses for maintenance of common property
Owners of premises are obliged to jointly bear general expenses for the maintenance of common property.
General expenses for the maintenance of common property constitute expenses associated with the maintenance, operation, and repair of common property, as well as the landscaping of the land plot adjacent to the multi-apartment house.
The share of participation of an owner of a premise in general expenses for the maintenance of common property is determined proportionally to the share of the area of their premise to the total area of premises of the multi-apartment house in accordance with the cadastral passport of the multi-apartment house.
Upon commissioning of newly constructed multi-apartment houses, the share of participation in general expenses for the maintenance of common property for unsold premises is borne by the person in whose name the right of ownership to these premises is registered.
Owners of premises are obliged to pay expenses for the maintenance of common property monthly, as a rule, in monetary form.
The size of mandatory contributions or payments of owners of premises for the maintenance, operation, and repair of common property and landscaping of the land plot adjacent to the multi-apartment house is established by the decision of the general meeting.
The provision of services and performance of works on management, technical maintenance, and repair of common property, as well as landscaping of the land plot adjacent to the multi-apartment house by organizations of the housing and communal services sphere, as well as the payment of remuneration to the chairman and members of the council of the multi-apartment house in the case of management of the multi-apartment house directly by owners of premises, payment of remuneration to members of the board, revision commission, and wages to employees of the partnership are subject to taxation in accordance with tax legislation.
The procedure for determining the composition of costs when establishing the size of mandatory contributions or payments of owners of premises is approved by the Ministry of Housing and Communal Services of the Republic of Uzbekistan.
In separate cases, the general meeting may adopt a decision on replacing the monetary form of paying part of the mandatory contributions or payments of owners with other types of their participation in general expenses based on a written notification of the applicant and the protocol of the general meeting.
Non-use by an owner of the premise belonging to them or refusal to use common property does not exempt them fully or in part from participation in general expenses.
The final settlement on the payment of mandatory contributions or payments of owners of premises for the maintenance of common property and the land plot adjacent to the multi-apartment house is produced at the end of the current year based on data on the actually performed volumes of works, their quality, and terms of execution.
Upon substantiation of costs, a recalculation of payment is produced: underpayments are taken into account when forming mandatory contributions or payments of owners of premises in the period following the reporting year, and overpayments are credited to the account of future payment.
An owner of a premise may, based on a contract, transfer their duty on participation in general expenses for the maintenance, operation, and repair of common property to another person. The owner of the premise is obliged to notify the management body of the multi-apartment house about the transfer of their duties on making mandatory contributions or payments to another person.
Funds received from the possession, use, and disposal of common property are directed to the maintenance of common property of this multi-apartment house commensurate with the shares of participants of shared ownership.
Unjustified expenses produced by one of the owners without the consent of the remaining owners, the management body, or another person are not subject to reimbursement. Disputes arising in this regard are subject to resolution in a judicial procedure.
Chapter 4. Owners of a multi-apartment house
Article 17. Owners of residential and non-residential premises in a multi-apartment house
The owner of a residential and non-residential premise in a multi-apartment house is a legal or physical person possessing the right of ownership to the premise in the multi-apartment house.
Owners of premises are participants of shared ownership to common property and are obliged to bear general expenses for the maintenance of common property.
Article 18. Rights of the owner of a premise
The owner of a premise has the right:
to participate in the management of common property, receive information on the activity of the management body of the multi-apartment house;
to receive a report on the activity of the management body of the multi-apartment house;
to submit proposals to the management body of the multi-apartment house on managing the multi-apartment house;
to possess, use, and dispose of the premise belonging to them on the right of ownership in accordance with its purpose;
to provide the premise belonging to them on the right of ownership into the possession and (or) use of another person based on a lease contract, a contract of gratuitous use, or on another legitimate basis.
Article 19. Duties of the owner of a premise
The owner of a premise is obliged:
to use the premise belonging to them on the right of ownership and common property strictly according to purpose;
to ensure the preservation of premises belonging on the right of ownership, elements of common property, and the land plot adjacent to the multi-apartment house;
to produce reconstruction and redevelopment of premises only for the purposes of increasing the improvement of the premise, without violation of the structural scheme of the building and engineering communications, deterioration of the architecture of the facade and external appearance of the building, engineering communications, while not allowing the reduction of the bearing capacity and seismic resistance of the building;
to economically consume electric and thermal energy, water, gas, not allowing leaks and their wasteful expenditure;
to comply with rules of technical operation of multi-apartment houses, requirements for maintenance of land plots adjacent to multi-apartment houses, in accordance with sanitary norms, rules, and hygienic standards;
upon detection of malfunctions in the premise, sanitary-technical, and other equipment, to immediately take possible measures to eliminate damages and, in necessary cases, report to the corresponding service;
upon the occurrence of emergency situations, to ensure access to the occupied premise to representatives of emergency-restoration services;
to comply with requirements for keeping domestic animals in premises and places of common use of the multi-apartment house.
It is not allowed:
to destroy or endanger common property, as well as the property of any other owner;
to arbitrarily erect various kinds of structures and facilities without corresponding permission;
to clutter fire passages, common corridors, stairwells, emergency exits, and other common premises of the house with items and equipment;
to keep domestic animals in places of common use: on landings, attics, in basements, as well as kitchens, balconies, and loggias of common use;
to produce arbitrary works on reconstruction and redevelopment of premises violating the bearing capacities of structural elements and seismic stability of the multi-apartment house.
If an owner or persons residing with them caused damage to the property of other owners or to common property, they are obliged to reimburse the caused damage.
In case it is necessary to check, repair, or replace structural elements of common property, access to which is possible only from the given premise, the owner is obliged to permit access to the premise to representatives of the management body of the multi-apartment house subject to prior notification of them about this. In urgent cases, when it is necessary to prevent an accident or urgently liquidate its consequences, prior notification is not required.
Chapter 5. Management of a multi-apartment house
Article 20. General meeting of owners of premises of a multi-apartment house
The supreme management body of a multi-apartment house is the general meeting of owners of premises of the multi-apartment house (hereinafter — general meeting).
The general meeting is convened at least once a year in the procedure established by this Law.
The annual general meeting is convened not later than sixty days after the end of the calendar year.
An extraordinary general meeting may be convened on the initiative of the management body of the multi-apartment house or on the initiative of at least ten percent of the owners of premises.
In cases where the management body of the multi-apartment house allows violations of legislation, the convocation of an extraordinary general meeting may be initiated by an official of Housing Fund Inspection.
Notification of owners of premises about the place, date, time of holding, and agenda of the general meeting is carried out by the initiators of the meeting not later than ten days before the holding of the general meeting.
Notification of owners of premises about the holding of the general meeting is carried out by placing a corresponding announcement at each entrance of the houses or handing the announcement to owners against signature.
Notification of legal entities that are owners of premises is carried out by sending a corresponding message by registered letter to the legal address, by electronic message, or by handing the message to an authorized representative against signature.
Article 21. Powers of the general meeting
The general meeting:
determines the method of managing the multi-apartment house;
adopts a decision on concluding a contract with a legal or physical person for the management, maintenance, and repair of common property on a competitive basis;
adopts a decision on obtaining credits from commercial banks;
exercises control over the activity of management bodies of multi-apartment houses;
establishes the procedure for reporting of management bodies of multi-apartment houses.
To adopt a decision at the general meeting, more than fifty percent of all owners of premises or their representatives must be present. A decision of the general meeting is considered adopted if more than fifty percent of the owners of premises or their representatives present at the general meeting voted for it.
The decision of the general meeting is formalized by a protocol. The protocol is signed by the chairman and secretary of the meeting, elected from among the owners of premises. A list of persons who participated in the meeting is attached to the protocol, reflecting their expression of will on each of the discussed issues, certified by their signatures.
The decision of the general meeting is mandatory for execution by all owners of premises, including those who did not take part in the voting or voted against.
Article 22. Choice of method of managing a multi-apartment house
Owners of premises, within a three-month period from the day of acceptance of the multi-apartment house into operation, are obliged to adopt a decision at the general meeting on the method of managing the multi-apartment house. Until the adoption of such a decision regarding obligations related to the maintenance of common property, the owners are jointly liable.
Upon failure to reach an agreement between owners of premises on the choice of the method of managing the multi-apartment house within the period indicated in part one of this article, the territorial subdivision of the Ministry of Housing and Communal Services of the Republic of Uzbekistan determines a management organization or manager for a three-month period, which carries out the functions of the management body of the multi-apartment house.
If within the period indicated in part two of this article, the owners of premises have not resolved the issue of the method of managing the multi-apartment house or the adopted decision on the choice of the method of managing the multi-apartment house was not implemented, the territorial subdivision of the Ministry of Housing and Communal Services of the Republic of Uzbekistan conducts an open competition for the management of the multi-apartment house to select a management organization or manager.
The method of managing a multi-apartment house may be changed at any time based on a decision of the general meeting. The decision of the general meeting on the choice of the management method is mandatory for all owners of premises in the given multi-apartment house.
Article 23. Conducting an open competition for management of a multi-apartment house
An open competition for the management of a multi-apartment house is based on the following principles:
creation of equal conditions for participation in the competition;
fair competition;
accessibility of information about conducting the competition.
Information about conducting an open competition for the management of a multi-apartment house for the selection of a management organization or manager is posted on the official website of the Ministry of Housing and Communal Services of the Republic of Uzbekistan and in other mass media.
The organizer of the competition for the management of a multi-apartment house is the territorial subdivision of the Ministry of Housing and Communal Services of the Republic of Uzbekistan.
Chapter 6. Management of a multi-apartment house directly by owners of premises
Article 24. Adoption of a decision on management of a multi-apartment house directly by owners of premises
The method of managing a multi-apartment house directly by owners of premises without the formation of a legal entity may be chosen by owners of premises of not more than one multi-apartment house.
If the general meeting adopts a decision on choosing the method of managing the multi-apartment house directly by owners of premises, then at the same meeting, a council of the multi-apartment house is elected from among the owners of premises in the given house.
In the absence of a quorum, the initiators appoint a new date for holding the general meeting, which may be convened not earlier than forty-eight hours and not later than thirty days from the moment of the failed meeting.
The decision on choosing the method of direct management of a multi-apartment house by owners of premises is adopted by a majority of votes of the owners of premises or their representatives present at the general meeting. If an owner cannot personally participate in the general meeting, they have the right to vote before the holding of the general meeting on the issue of choosing the method of managing the multi-apartment house by submitting a statement in written form to the initiator of the meeting, reflecting the opinion of the owner on the indicated issue.
Under direct management of a multi-apartment house by owners of premises, the contract for the provision of services by organizations of the housing and communal services sphere for the maintenance, operation, and repair of common property is concluded by the chairman of the council of the multi-apartment house based on the decision of the general meeting of owners of premises. At the same time, one or several owners of premises authorized by the general meeting of owners of premises have the right to act on behalf of the owners of premises of the multi-apartment house in relations with third parties.
Article 25. Council of a multi-apartment house
The number of members of the council of a multi-apartment house is established at the general meeting of owners of premises consisting of not less than three people. The number of members of the council of a multi-apartment house is established taking into account the number of entrances, floors, and premises available in the given house by the decision of the general meeting.
The council of a multi-apartment house:
ensures the execution of decisions of the general meeting;
submits proposals for discussion to the general meeting on the procedure for using common property, including the land plot adjacent to the multi-apartment house;
conducts discussions of draft contracts on the operation and maintenance of the multi-apartment house;
exercises control over the quality of provision of services and (or) performance of works on the maintenance and repair of common property;
submits a report on the work done to the general meeting.
The council of a multi-apartment house is subject to re-election at the general meeting annually, unless another term is established by the decision of the general meeting. In case of non-adoption of a decision on the re-election of the council of the multi-apartment house at the general meeting within the established term, the powers of the council of the multi-apartment house are extended for the same term. In case of improper performance of its duties, the council of the multi-apartment house may be prematurely re-elected by the general meeting.
Article 26. Chairman of the council of a multi-apartment house
The chairman of the council of a multi-apartment house is elected from among the members of the council of the multi-apartment house at the general meeting. Chairman exercises leadership over the current activity of the council of the multi-apartment house and is accountable to the general meeting.
The chairman of the council of a multi-apartment house:
before the adoption by the general meeting of a decision on concluding a contract for the maintenance and operation of common property, has the right to enter into negotiations on the conditions of the indicated contract;
brings to the notice of the general meeting the results of negotiations on issues of concluding a contract for the maintenance and operation of common property;
based on the protocol of the general meeting, concludes contracts for the maintenance, operation, and repair of common property and enters into other legal relations on behalf of the owners of premises related to common property;
exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of works on the maintenance and repair of common property, signs act of acceptance of provided services and (or) performed works on the maintenance and current repair of common property, acts on violation of quality standards or periodicity of provision of services and (or) performance of works on the maintenance and repair of common property;
based on the protocol of the general meeting, acts in court as a representative of the owners of premises in the given multi-apartment house in cases related to common property and the provision of utility services;
carries out the adoption of decisions on issues that are transferred for decision to the chairman of the council of the multi-apartment house in accordance with the decision of the general meeting.
The general meeting has the right to adopt a decision on the payment of remuneration to the chairman and members of the council of the multi-apartment house. Such a decision must contain the conditions and procedure for payment of the indicated remuneration, as well as the determination of its size.
Chapter 7. Management of a multi-apartment house by a management organization or manager
Article 27. Activity of the management organization and manager
The management organization or manager bears responsibility before the owners of premises for the provision of services and (or) performance of works that ensure the maintenance of common property and the quality of which must comply with the requirements of technical regulations and established rules for the maintenance of common property.
A physical person carrying out the activity of a manager is obliged to register as an individual entrepreneur in the established procedure and must have a qualification (attestation) certificate.
The staff of the management organization must include at least two specialists for the management of the multi-apartment house who possess the corresponding qualification (attestation) certificate.
The management organization and manager are obliged to ensure free access to information regarding the services provided and works performed on the maintenance, operation, and repair of common property, and their cost to the owners of premises, the council of the multi-apartment house, and the board and revision commission of the partnership.
The management organization or manager is exempted from the payment of all types of taxes for the provision of services and performance of works on management, technical maintenance, and repair of common property, as well as on the landscaping of the land plot adjacent to the multi-apartment house.
Article 28. Contract for management of a multi-apartment house
The contract for management of a multi-apartment house is concluded between the management organization or manager and the owners of premises in accordance with the requirements of this Law, in written form with each owner of a premise on the conditions indicated in the decision of the general meeting.
Under the contract for management of a multi-apartment house, the management organization or manager, at the task of the owners of premises, undertakes for a fee to provide services and (or) perform works on management, proper maintenance, operation, and repair of common property, and to carry out other activity aimed at achieving the goals of management of the multi-apartment house during the agreed term.
The contract for management of a multi-apartment house must indicate:
the composition of the common property to be managed, and the address of the multi-apartment house;
the list of services and works on maintenance, operation, and repair of common property, and the procedure for changing this list;
the procedure for determining the price of the contract, as well as the procedure for making the payment;
the procedure for exercising control over the fulfillment of obligations under the management contract by the management organization or manager;
the procedure and terms for reporting on the works performed and services provided.
The contract for management of a multi-apartment house is concluded for a term of not less than one year, but not more than five years.
In the absence of a statement from one of the parties about the termination of the contract for management of a multi-apartment house upon expiration of its term, such a contract is considered extended for the same term and on the same conditions as were provided for by that contract.
Owners of premises of a multi-apartment house, based on a decision of the general meeting, have the right to unilaterally refuse to execute the contract for management of a multi-apartment house if the management organization or manager fails to fulfill the conditions of such a contract, and to adopt a decision on the choice of a different management organization or manager.
The management organization or manager, within three working days from the day of termination of the contract for management of a multi-apartment house, is obliged to transfer the technical documentation for the multi-apartment house and other documents related to the management of the house, remaining monetary funds, keys to premises included in the composition of common property, and other technical means and equipment necessary for the operation and management of the multi-apartment house, to the newly chosen management organization or manager or the owner of the premise in the multi-apartment house indicated in the decision of the general meeting.
Article 29. Report of the management organization or manager
Unless otherwise established by the contract for management of a multi-apartment house, the management organization or manager is obliged to report annually at the general meeting on the fulfillment of the contract for the previous year.
The management organization or manager is obliged to ensure free access to information for the owners of premises regarding the main indicators of its financial and economic activity, the services provided and works performed on the maintenance and repair of common property, the procedure and conditions for their provision and performance, and their cost.
Chapter 8. Management of a multi-apartment house by a partnership
Article 30. Partnership
A partnership is created on the initiative of the owners of premises and operates on the basis of self-governance in accordance with its charter.
A partnership is a legal entity and has separated property in ownership, recorded on its independent balance sheet, has the right to acquire and exercise property and personal non-property rights on its own behalf, execute obligations, and be a claimant and defendant in court.
A partnership acquires the rights of a legal entity from the moment of its state registration in the established procedure. A partnership is created without limitation of its term of activity, unless otherwise established by its charter.
A partnership may engage in any activity not prohibited in the procedure established by legislation. A partnership is liable for its obligations with all property belonging to it and is not liable for the obligations of its members.
Members of the partnership are legal and physical persons who are owners of premises in the multi-apartment house.
In case of alienation of a premise, its owner—a member of the partnership—is obliged to inform the new owner that they are a member of the partnership and have certain rights and duties established by the partnership's charter, which will transfer to the new owner.
Persons acquiring premises in a multi-apartment house where a partnership has been created become members of the partnership from the moment their right of ownership to the premises arises.
A member of the partnership is not liable for the obligations of the partnership.
A partnership possesses civil legal capacity in accordance with the goals of its activity stipulated in its charter.
The location of the partnership is determined by the place of its state registration. A partnership has a postal address and is obliged to notify the authorized state bodies in case of its change.
Article 31. Procedure for creation of a partnership
A decision on the creation of a partnership is adopted at the constituent meeting of owners of premises, at which more than fifty percent of all owners of premises of each multi-apartment house or their representatives are present.
The constituent meeting is convened on the initiative of not less than ten percent of the owners of premises of each multi-apartment house wishing to unite into a partnership.
Notification of owners of premises about the place, date, time of holding, and agenda of the constituent meeting is carried out by the initiator of the constituent meeting not later than ten days before the holding of the meeting.
Notification of owners of premises about the holding of the constituent meeting is carried out by placing a corresponding announcement at each entrance of the houses or handing the announcement to owners against signature. Notification of legal entities that are owners of premises is carried out by sending a corresponding message by registered letter to the legal address or electronic message or by handing the message to an authorized representative against signature.
A decision on the creation of a partnership is considered adopted if more than fifty percent of all owners of premises or their representatives participating in the constituent meeting voted for it.
When creating a partnership uniting owner of premises of several multi-apartment houses, consent must be received from more than fifty percent of the owners of premises or their representatives in each of these houses. Consideration of the votes of owners of premises submitted to the constituent meeting in written form, indicating the owner's decision on the issue of creating the partnership and the address of the premise belonging to them, is allowed.
The constituent meeting of owners of premises is usually held with the following agenda:
on the creation of the partnership;
on the approval of the charter of the partnership;
on the election of the chairman and members of the board of the partnership;
on the election of the revision commission of the partnership.
Other issues related to the creation of the partnership may also be considered at the constituent meeting of owners of premises.
The protocol of the constituent meeting of owners of premises, indicating the results of voting and the number of votes submitted in written form, is signed by the chairman and secretary of the meeting, chosen from among the owners of premises.
A list of persons who participated in the meeting, reflecting their expression of will on each of the discussed issues, certified by their signatures, is attached to the protocol.
Article 32. Charter of the partnership
The charter of the partnership must contain:
the full and abbreviated name of the partnership, and its location (postal address);
the addresses of the multi-apartment houses whose owners of premises are united in the partnership;
the subject and goals of the activity;
the rights and duties of the partnership and members of the partnership;
the procedure for the use and (or) distribution of income (profit) received from the use of common property, the execution of commercial activity, and the sale and leasing of separate parts of common property;
the procedure for reimbursement of losses of the partnership;
the procedure for the creation of reserve and other funds;
the share of each owner of residential and non-residential premises in the common property;
the procedure for establishing the sizes of and making mandatory contributions by members of the partnership;
the procedure for the management of common property, the land plot adjacent to the multi-apartment house, and the property of the partnership;
data on the quantitative composition and term of election of the board and revision commission of the partnership, their competence, and the procedure for their decision-making;
the procedure for the compilation, audit, and approval of annual reports;
the procedure for the reorganization and liquidation of the partnership.
The charter of the partnership may contain other provisions related to the activity of the partnership that do not contradict legislation.
Article 33. Rights of the partnership
The partnership has the right:
to determine the method of maintenance of common property, the land plot adjacent to the multi-apartment house, and the property of the partnership;
to determine the estimate of incomes and expenses of the partnership for the year;
to establish rules for the use of common property, the land plot adjacent to the multi-apartment house, and the property of the partnership in the manner determined by the charter of the partnership;
to use bank credits in the procedure and on the conditions stipulated by legislation;
to independently dispose of its own property, including working capital, in accordance with legislation;
to receive land plots for permanent use in the established procedure;
to erect utility and other buildings on the land plot in accordance with urban planning norms and rules;
to access the owner's premise for the purpose of controlling the condition of common property located inside the owner's premise, its servicing, and repair after prior notification of the owner in their presence or immediately in case of an accident;
to acquire, sell, transfer, exchange, lease the property of the partnership, and write off property from the balance sheet;
to perform works and provide additional services to members of the partnership and other persons;
to create special funds with the use of means from them for the purposes stipulated by the charter of the partnership.
Article 34. Duties of the partnership
The partnership is obliged:
to ensure the preservation and maintenance of common property, land plots adjacent to the multi-apartment houses, and the property of the partnership in accordance with established rules, norms, and standards;
to ensure the execution of decisions of the general meeting of members of the partnership;
to ensure the timely receipt of mandatory contributions;
to annually determine the plan of works for the maintenance of common property, including for each multi-apartment house separately, and compile a report on its execution;
to annually compile the estimate of incomes and expenses of the partnership and a report on its execution, including for each multi-apartment house separately;
to ensure the observance of the rights and legitimate interests of all members of the partnership when establishing the conditions and procedure for the use of common property;
to ensure compliance with requirements for the safety of the multi-apartment house;
to ensure the constant readiness of engineering communications and other equipment included in the composition of common property for the provision of utility services in accordance with the rules for the provision of utility services to owners of premises in multi-apartment houses;
at the request of members of the partnership, to ensure access to all documents concerning the rights of members of the partnership, including electronic versions, as well as with the application of the capabilities of accessible information and communication technologies;
in cases stipulated by legislation and the charter of the partnership, to represent the interests of members of the partnership in relations with third parties related to the maintenance, possession, and use of common property, and the provision of utility services.
Article 35. Termination of membership in the partnership
Membership in the partnership is terminated in cases of:
termination of the right of ownership to the premise;
adoption of a decision by a majority of owners of premises of the multi-apartment house on withdrawal from the partnership;
liquidation of the partnership.
Article 36. Property of the partnership
The property of the partnership consists of monetary funds, buildings, structures, equipment, inventory, vehicles, and other property acquired at the expense of the partnership's funds and by other means not prohibited by legislation.
The monetary funds of the partnership consist of:
mandatory contributions of members of the partnership;
voluntary contributions of members of the partnership;
voluntary donations of legal and physical persons;
income (profit) from entrepreneurial activity;
other incomes and receipts.
In case of withdrawal of owners of premises of a separate multi-apartment house from the partnership, the part of the partnership's monetary funds that is formed at the expense of the target accumulation of funds by the owners of premises for the capital repair of that multi-apartment house is subject to transfer in the established procedure to the newly created management body of the multi-apartment house.
Article 37. Management bodies of the partnership
The management bodies of the partnership are the general meeting of members of the partnership and the board of the partnership.
The board is the executive body of the partnership and is accountable to the general meeting of members of the partnership.
A person who, by virtue of law or the charter of the partnership, acts on its behalf must act in the interests of the partnership in good faith, reasonably, and is obliged, at the demand of the general meeting of members of the partnership, to reimburse losses caused by them to the partnership.
Article 38. Powers of the general meeting of members of the partnership
The powers of the general meeting of members of the partnership include:
approval of the charter of the partnership and the introduction of amendments and additions to it, if necessary;
election of the board of the partnership, the chairman of the board, and the revision commission of the partnership, and the early termination of their powers;
approval of the annual plan of works for the maintenance, operation, and repair of common property, land plots adjacent to the multi-apartment houses, and the property of the partnership, and a report on its execution;
approval of the estimate of incomes and expenses of the partnership for the year and a report on its execution;
approval of the size of mandatory contributions of members of the partnership;
approval of the candidacy of the manager or management organization;
establishment of the size of remuneration for the chairman, members of the board, and the revision commission of the partnership;
approval of the size of wages and the provision on bonuses for employees of the partnership;
creation of special funds of the partnership and establishment of the procedure for spending their means;
approval of rules for the use of common property, land plots adjacent to the multi-apartment houses, and the property of the partnership;
consideration of applications and complaints of members of the partnership concerning the activity of the chairman, members of the board, and the revision commission of the partnership;
establishment of the procedure for the coordination of reconstruction, re-equipment, and redevelopment of premises in the multi-apartment house;
establishment of the procedure for the use of funds of owners of premises of one house for the needs of another house, keeping records of the indicated funds, and their return
adoption of decisions on leasing common property;
adoption of decisions on the erection of utility and other buildings;
adoption of a decision on obtaining borrowed funds, including bank credits;
determination of the directions of use of income (profit) from the entrepreneurial activity of the partnership;
adoption of decisions on joining and withdrawal from associations (unions) and other organizations;
adoption of decisions on the reorganization and liquidation of the partnership.
Article 39. Representative of a member of the partnership at the general meeting of members of the partnership
A representative of a member of the partnership at the general meeting of members of the partnership may be another member of the partnership or a third party holding a power of attorney from the member of the partnership, formalized in simple written form.
A power of attorney on behalf of a member of the partnership who is a physical person is issued under their personal signature. A power of attorney on behalf of a member of the partnership who is a legal entity is issued under the signature of the head with the seal (if available) of that legal entity.
The power of attorney must contain information about the represented owner of the premise in the corresponding multi-apartment house and their representative (name or designation, place of residence or location, passport data or identification ID-card data).
A power of attorney may grant the representative of the member of the partnership powers to act on behalf of and in the interests of the member of the partnership at one general meeting of members of the partnership or at all meetings of members of the partnership during the period of time indicated in the power of attorney and to vote on the issues on the agenda of one meeting or in all cases.
A power of attorney of a member of the partnership may be issued for a term of not more than three years. If the term is not indicated in the power of attorney, it remains valid for one year from the day of its issuance. A power of attorney in which the date of its issuance is not indicated is invalid.
One person may be a representative at the general meeting of members of the partnership for several members of the partnership. If one person is a representative of several members of the partnership, the number of their votes is increased by the number of votes of the members of the partnership they represent. At the same time, the representative of the members of the partnership has the right to vote separately on behalf of each member of the partnership represented by them at the general meeting of members of the partnership.
Article 40. Procedure for convocation and conduct of the general meeting of members of the partnership
The general meeting of members of the partnership is convened at least once a year in the procedure established by the charter of the partnership.
An extraordinary general meeting of members of the partnership may be convened on the initiative of the board, members of the partnership possessing not less than ten percent of the votes in the partnership, and also at the demand of the revision commission.
If the agenda of the general meeting of members of the partnership includes the consideration and approval of plans of works for the maintenance of common property, estimates of incomes and expenses, reports on their execution, and the sizes of mandatory contributions, the board of the partnership is obliged to ensure the possibility for members of the partnership to get acquainted with the drafts of these documents before the holding of the general meeting of members of the partnership.
The general meeting of members of the partnership is considered quorum-capable if more than fifty percent of the members of the partnership or their representatives are present. In partnerships uniting owners of premises of more than one multi-apartment house, at least fifty percent of the owners of premises of each multi-apartment house or their representatives must be present at the meeting.
Each member of the partnership possesses one vote at the general meeting of members of the partnership.
The spouse of a member of the partnership has the right to participate and vote at the general meeting of members of the partnership on their behalf without a power of attorney, provided they reside together.
If the residential premise belongs on the right of common ownership to two or more persons, then one of the co-owners participates and votes on their behalf at the general meeting of members of the partnership with the consent of the others. At the same time, each of them has the right to vote at the general meeting of members of the partnership within the limits of one vote.
The general meeting of members of the partnership is conducted by the chairman of the meeting, elected at the beginning of each meeting by a simple majority of votes from among the members of the partnership. A secretary of the meeting is also elected by a simple majority of votes from among the members of the partnership at the beginning of each meeting, who keeps the protocol of the meeting
Decisions of the general meeting of members of the partnership are formalized by a protocol. The protocol is signed by the chairman and secretary of the meeting.
Article 41. Adoption of decisions by the general meeting of members of the partnership
A decision on issues falling within the competence of the general meeting of members of the partnership is considered adopted if more than fifty percent of the members of the partnership or their representatives who participated in the general meeting of members of the partnership voted for it.
Decisions by the general meeting of members of the partnership may be adopted by convening a general meeting or by surveying the members of the partnership in the procedure established by this Law, or by another method provided for by the charter of the partnership.
The charter of the partnership may establish that when adopting a decision, the votes of the members of the partnership submitted by them in written form are taken into account, indicating the decision of each member of the partnership on the issues on the agenda of the meeting.
A decision adopted by the general meeting of members of the partnership is mandatory for execution by owners of residential and non-residential premises.
Article 42. Procedure for adoption of decisions by the general meeting of members of the partnership by surveying members of the partnership
For the adoption of a decision by the general meeting of members of the partnership by surveying members of the partnership, the initiator of the meeting is obliged to send a draft decision of the general meeting to each member of the partnership.
The draft decision must be composed as a single document.
If the initiator of the general meeting of members of the partnership is not the board of the partnership, a copy of the draft decision of the general meeting of members of the partnership is also transferred to the board of the partnership for their information.
The draft decision of the general meeting of members of the partnership indicates information about the initiator of the meeting, the place and address where the decision must be sent, the term provided for voting, which cannot be less than five days, as well as other necessary information.
Members of the partnership are obliged to vote in writing (for, against, or abstained) on each question separately by affixing their signature on the original draft decision and submitting the decision to the place or address indicated by the initiator of the meeting.
The decision is considered adopted for the question of the draft decision for which the corresponding number of votes stipulated by this Law has been obtained.
When voting on the draft decision, it is prohibited to introduce additions or amendments to it. If, during voting, the need arises to change or supplement the draft decision, a new draft must be composed and sent to each member of the partnership, indicating the reason for the change and supplementation. A decision adopted with changes or additions that were not sent to the members of the partnership is invalid.
Article 43. Meeting of owners of premises of each house in the partnership
In partnerships uniting owners of premises of more than one house, the holding of the annual general meeting of members of the partnership must necessarily be preceded by the holding of meetings of owners of premises of each house in the partnership for the adoption of a decision, at which more than fifty percent of all owners of premises of the given house or their representatives must be present.
Decisions of owners of premises of each multi-apartment house of the partnership may be adopted by convening a meeting, by surveying, or by another method provided for by the charter of the partnership.
The meeting of owners of premises of each house in the partnership adopts decisions on the approval of:
the plan of works for the maintenance of common property of the given multi-apartment house as part of the partnership's plan of works for the maintenance of common property, the land plot adjacent to the multi-apartment house, and the property of the partnership;
the estimate of incomes and expenses for the maintenance of common property of the given multi-apartment house as part of the estimate of incomes and expenses of the partnership;
the sizes of mandatory contributions of owners of premises of the given house in accordance with the approved estimate of incomes and expenses for the maintenance of common property;
the report on the execution of plans of works and the estimate of incomes and expenses for the maintenance of common property of the given house for the past year.
The meeting of owners of premises may adopt a decision on the use of funds of owners of premises for the needs of another house in the partnership.
Decisions of the meeting of owners of premises of each multi-apartment house are formalized by a protocol. The protocol is signed by the chairman and secretary of the meeting, elected from among the owners of premises of the multi-apartment house.
A decision adopted by the meeting of owners of premises is mandatory for all owners of premises of the given multi-apartment house.
Article 44. Board of the partnership
The board of the partnership carries out the leadership of the current activity of the partnership.
The board of the partnership is elected from among the members of the partnership by the general meeting in the composition and for the term established by the charter of the partnership.
If one person owns more than 30 percent of the area of all premises in the multi-apartment house, this person, with their consent, is included in the board of the partnership.
The board of the partnership is convened by the chairman of the board of the partnership within the terms established by the charter, but not less than once a month.
A meeting of the board of the partnership is recognized as quorum-capable with the participation of at least two-thirds of the members of the board.
Each member of the board of the partnership possesses one vote at the meeting of the board.
Decisions of the board of the partnership are adopted by a simple majority of votes of the members of the board.
Meetings of the board of the partnership are formalized by a protocol.
Members of the partnership may take part in meetings of the board of the partnership with a consultative vote.
Article 45. Powers of the board of the partnership
The board of the partnership has the right to adopt decisions on issues of the partnership's activity, except for issues assigned to the powers of the general meeting of members of the partnership.
The powers of the board of the partnership include:
convocation and organization of the holding of the general meeting of members of the partnership;
compilation of the draft plan of works for the maintenance of common property, land plot, and property of the partnership and a report on its execution;
compilation of the draft annual estimate of incomes and expenses of the partnership and a report on its execution;
ensuring the fulfillment of the requirements of the charter of the partnership and the decisions of the general meeting of members of the partnership;
selection on a competitive basis of contractors for the servicing and repair of common property and the property of the partnership;
adoption of a decision on concluding contracts for the maintenance, servicing, and repair of common property and the property of the partnership with the winner of the competition;
control over the preservation and maintenance of common property, the land plot, and the property of the partnership;
adoption of decisions on the acquisition and sale, transfer, exchange, leasing of equipment, inventory, and other material values of the partnership, as well as on writing them off the balance sheet;
consideration of applications and complaints of members of the partnership;
conduct of clerical work, bookkeeping, and reporting, and recording the receipt and expenditure of funds separately for each multi-apartment house in the partnership;
organization and ensuring the completeness of receipts of mandatory contributions of members of the partnership;
disposal of the funds of the partnership in accordance with the estimate of incomes and expenses of the partnership approved by the general meeting of members of the partnership.
The board of the partnership is responsible to the members of the partnership for:
organization of works on the servicing and repair of common property on a competitive basis in accordance with concluded contracts;
ensuring the proper quality of servicing engineering networks and other common property;
the quality and timeliness of conducting repair works in accordance with established norms and requirements;
the targeted use of the partnership's funds for the maintenance and repair of common property;
the proper sanitary condition of places of common use and land plots adjacent to the multi-apartment houses, and their landscaping.
The board of the partnership systematically, but not less than once every three months, reports to the members of the partnership on the execution of plans of works for the maintenance of common property, incurred and planned expenses, the collection of mandatory contributions, and incomes (profit) from entrepreneurial activity. The form of submission of reporting must ensure its accessibility to all members of the partnership and is established by the decision of the general meeting of members of the partnership.
Article 46. Chairman of the board of the partnership
The chairman of the board of the partnership is elected by the general meeting from among the members of the partnership for the term established by the charter of the partnership, provided the candidate has the corresponding qualification (attestation) certificate.
In case of election of a member of the partnership as chairman of the board who does not have a qualification (attestation) certificate, the newly elected chairman must obtain the corresponding certificate in the established procedure within thirty days from the day of their election. If the newly elected chairman of the board of the partnership does not receive the qualification certificate within the established term, the general meeting of members of the partnership is obliged to elect another member of the partnership as chairman of the board within ten days.
The chairman of the board of the partnership:
leads the activity of the board of the partnership;
represents the interests of the partnership in relations with other organizations and citizens;
ensures the execution of decisions of the general meeting of members of the partnership and the board of the partnership;
signs financial documents and contracts in accordance with the decisions of the general meeting of members of the partnership or the board of the partnership;
submits to the consideration of the general meeting of members of the partnership proposals prepared by the board on the methods of maintenance, servicing, and repair of common property and the property of the partnership;
submits to the consideration of the general meeting of members of the partnership proposals on the size of wages and drafts of the provision on bonuses for employees of the partnership, and other provisions and rules of the partnership;
ensures the systematic reporting of the board to the members of the partnership;
concludes and terminates labor contracts with employees of the partnership.
Upon the termination of the powers of the chairman of the board of the partnership, the chairman of the board of the partnership is obliged to transfer the technical documentation for the multi-apartment house, remaining monetary funds, the seal of the partnership, and other documents related to the management of the partnership, keys to premises included in the composition of common property, and other technical means and equipment necessary for the operation and management of the multi-apartment house, to the person who has assumed the obligations of the chairman of the board of the partnership, or the owner of the premise in the multi-apartment house indicated in the decision of the general meeting within three working days from the date of adoption of the decision by the general meeting of members of the partnership.
Article 47. Revision commission of the partnership
A revision commission is elected by the decision of the general meeting of members of the partnership from among the members of the partnership in a composition of not less than three people.
Members of the revision commission of the partnership cannot simultaneously be members of the board of the partnership.
The revision commission of the partnership is accountable to the general meeting of members of the partnership.
The revision commission of the partnership carries out control over the financial and economic activity of the partnership.
The revision commission of the partnership is obliged to submit an annual report on the results of the audit of the financial and economic activity of the partnership to the general meeting of members of the partnership.
The report of the revision commission of the partnership on the results of the audit of the financial and economic activity of the partnership is not subject to transfer to third parties until its consideration at the general meeting of members of the partnership.
For the audit of the financial and economic activity of the partnership, the general meeting of members of the partnership has the right to engage an auditing organization in the established procedure.
Article 48. Reorganization and liquidation of the partnership
The reorganization of the partnership may occur in the form of merger, accession, division, and spin-off.
The reorganization of the partnership is carried out by the decision of the general meeting of members of the partnership, adopted by more than fifty percent of the votes of the members of the partnership.
The separation or division of the property of the reorganized partnership occurs commensurately with the participation of the members of the partnership in the formation of the partnership's property.
Upon the reorganization of the partnership, the acceptance and transfer of technical and other documentation related to common property is produced.
The liquidation of the partnership is produced in the cases and procedure established by legislation and the charter of the partnership.
Upon the liquidation of the partnership, the property of the partnership remaining after the satisfaction of creditors' claims is distributed among the members of the partnership commensurately with the participation of the members of the partnership in the formation of the partnership's property.
Chapter 9. Concluding provisions
Article 49. Relations of management bodies of multi-apartment houses with local state authorities and citizens' self-governance bodies
Interference of local state authorities and their officials in the activity of management bodies of multi-apartment houses is not permitted.
Local state authorities, in the procedure established by legislation, may act as a guarantor in obtaining bank credits by the management bodies of multi-apartment houses.
The management bodies of multi-apartment houses cooperate with citizens' self-governance bodies on issues of organizing works on the landscaping and greening of territories adjacent to multi-apartment houses and on other issues.
Article 50. Associations of management organizations, managers, and partnerships
Management organizations, managers, and partnerships have the right to unite into associations (unions) for the purpose of coordinating their activity, exchanging experience, representing and protecting common interests, ensuring interaction with state administration and executive authorities, as well as resolving other issues of activity.
Article 51. Resolution of disputes
Disputes in the field of management of multi-apartment houses are resolved in the procedure established by legislation.
Article 52. Responsibility for violation of legislation on management of multi-apartment houses
Persons guilty of violating legislation on the management of multi-apartment houses bear responsibility in the established procedure.
Article 53. Recognition of legislative acts as having lost force
The following shall be recognized as having lost force:
1) the law of the Republic of Uzbekistan dated April 12, 2006, No. LRU -32 "on partnerships of private owners of housing" (Bulletins of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2006, No. 4, Article 158);
2) Article 31 of the law of the Republic of Uzbekistan dated August 20, 2015, No. LRU -391 "On the introduction of amendments and additions to certain legislative acts of the Republic of Uzbekistan aimed at the further strengthening of reliable protection of private property, business entities, and the removal of barriers to their accelerated development" (Bulletins of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2015, No. 8, Article 312);
3) Article 19 of the law of the Republic of Uzbekistan dated April 25, 2016, No. LRU-405 "On the introduction of amendments and additions to certain legislative acts of the Republic of Uzbekistan" (Bulletins of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2016, No. 4, Article 125).
Article 54. Ensuring the execution, delivery, explanation of the essence and significance of this Law
The Ministry of housing and communal services of the Republic of Uzbekistan, the council of Ministers of the Republic of Karakalpakstan, the hokimiyats of the regions and the city of Tashkent, as well as other interested organizations, are to ensure the execution, delivery to executors, and explanation among the population of the essence and significance of this Law.
Article 55. Conducting a legal experiment and bringing legislation into compliance with this law
The Cabinet of Ministers of the Republic of Uzbekistan is to:
ensure the conducting of a legal experiment to test the norms of this Law in the management of multi-apartment houses in the Yakkasaray district of the city of Tashkent, and the cities of Jizzakh and Margilan (hereinafter — legal experiment) by May 1, 2020;
adopt a corresponding decision on the conducting of the legal experiment within one month;
ensure the regular coverage in the mass media of the essence and tasks of the legal experiment, as well as the conducting of explanatory work among the population;
based on the results of the legal experiment, submit proposals to the legislative chamber of the Oliy Majlis of the Republic of Uzbekistan by June 1, 2020, for the further improvement of the norms of this Law and its application in other regions of the Republic;
bring government decisions into compliance with this Law;
ensure the review and cancellation by state administration bodies of their normative legal acts that contradict this Law.
Article 56. Entry into force of this Law
This Law enters into force on August 1, 2020.
President of the Republic of Uzbekistan SH. MIRZIYOYEV
