Rights to condominium objects- new and not fully understandable word, which is often used in daily life of Kazakhstan people. Before, we described how to register the rights to real estate, what does the right to property on real estate, amounts of rates for transactions with real estate mean and how much does the registration of rights to real estate cost. In this article you will learn about the rights to objects of condominium, in what cases and how they must be registered and what advantages does this form of property.
Condominium- is a special form of property or other right to «State-owned corporation «Government for citizens» NJSC, where individual parts of real estate are in separate/individual property of citizens and/or legal persons, and those parts of real estate which are in separate property, including land parcel belong them on the right of common equity property and not separated from the rights to real estate parts, which is in separate property.
For example, the house in which every apartment is a property of the occupant, but together the house and adjacent land parcel is a common property. Condominium- is a common ownership between owners of apartments in one dwelling house or houses, located on one land parcel.
If we consider everyday situations, each of us had a thought to whom do the balconies belong, who must control the general condition of house, provision of heating, repair of roof and staircase in the house and other aspects of comfortable living. In the article you will find the answers on many questions and learn how to improve your living conditions.
Why is it necessary to register condominium?
Registration of this form of property is necessary first of all due to readiness and desire of citizens not to depend on external circumstances and control own object of real estate by themselves. Now the sphere of management and control of dwelling houses is provided in most cases by CAO activity, which are customer and contractor of repairing works and services and at the same time hold “monopolistic” position and do not wish to provide qualitative services on the repair of common property.
Second reason is the opportunity of support from the state, for example, while major repair. Due to the provision of the Program of public and housing utilities modernization designed for improving the quality of domestic/communal services, many types of support are oriented for real estate, registered as the object of condominium.
One more reason for state registration of rights to condominium objects is adjacent land parcel. If the right to condominium objects is registered then all collective rights to the land are also registered (as the rights to real estate and to the land on which it is located are inseparable), which adjoins to the house and dispose of it at own pleasure by agreements with other occupants.
According to the article 31 of the Code “On housing relations” a land parcel of dwelling house/dwelling building belongs to the owners of apartments on the right of common equity property or on the right of common land use.
What are the objects of condominium?
According to the Law “On housing relations” condominium appears in dwelling houses belonging to two or more owners of apartment. Each of apartment owners is entitled to own, use and dispose of the premise belonging to him on the right of individual property. Common property of condominium objects belongs to the owners of apartments on the right of common equity property.
According to point 3 of the Rules of condominium object state registration the object of condominium is the property complex consisting of land parcel, primary and secondary objects on which ownership to real estate property is set in form of condominium according to RK legislation.
Thus, condominium objects includes everything that surrounds your house- elevators, mines, pantries, roofs, loggias, balconies and ect.
How to register the rights to condominium of dwelling house?
Registration of condominium object is the insertion to registration documents of the particular facts on the land and all types of constructions on it. These facts are inserted by the form, which contains the information identifying land parcel, description of primary objects and necessary for registration of condominium object characteristics of secondary objects as well as the facts on type of right, form of common property and sizes of shares of condominium participants in common property.
Primary objects include buildings and constructions of special functional purpose, important for urban planning objects, and secondary objects- individual housing (houses, cottages, ect), non-residential premises (garages, sheds, patches).
Object of condominium must be registered as a single complex in accordance with legislation, in territorial bodies of justice implementing the state registration at the place of real estate location.
- To make a decision on starting up of condominium and be sure that more than a half (more than 50%) of occupants- owners of property share this desire.
- To choose authorized representative. It can be a citizen elected on the meeting of participant of condominium or any plot of condominium with the condition that the shares of owners in common property are determined.
- To address to the branch of the State Corporation "Government for citizens" at the location of the condominium object with a list of required documents.
List of necessary documents for registration of condominium objects:
- written application in the prescribed form;
- title and identification documents for the land plot, if the right to the land plot was not registered before the registration of the condominium object;
- the size of shares in common property determined in the order provided by the legislative act of the Republic of Kazakhstan on housing relations;
- documents confirming the identity and authority of the authorized representative of the condominium participants.
If the application on registration of condominium object is submitted by condominium participant, his powers should be confirmed by notarized copy of entitlement document of belonging to him on the right of property secondary object of real estate.
Every time, when the share of condominium participants is changed it is necessary to register the rights once again.
- Together with the other occupants to form the body of management of condominium object. This body must have account in regulated bank, on which payments from condominium participant will be transferred. Also the body of condominium management must provide required report about expenses and their purpose. Thus, you always will know the purpose of money which you pay to COA.
The expenses for maintenance of body of condominium management should include following payments (for more exact calculation you can familiarize with the method of calculations):
- material expenses;
- payment of labor;
- services of specialized organizations;
- support of local area, land parcel;
- acquisition of metering devices.
- Every month to transfer the funds to the saving account of condominium object management body (no less than 0,02 MCI for each meter) for major repair of common property of condominium object.
Rights and duties of apartments owners in condominium
One should remember that except clear advantages the registration of condominium has negative sides. You keep the funds for house service, you know for what purposes you spend your money, however in case of emergency – repair also will be under responsibility of apartments owners.
All apartment owners have equal rights to common objects of condominium, therewith the main thing is to take into consideration the consistency of all actions. Owners also take responsibility for safety and secure operation of common property and premises, which are in individual property.
There are some situations, when the emergency cases in the housing may damage the property of other people (for example claddings of buildings will damage the car parked at the house). In this case the owners of apartments must repair the damage at own cost. The same responsibility is taken by the other citizens who live in the building or use the premise if they are directly engaged in the damage.
Therewith it’s absolutely not important: if the owner lives in own apartment or lease it out. Rights to the real estate and condominium objects are not changed regarding to the fact if a citizen uses his property or not.
