A draft law has been presented for public discussion in Kyrgyzstan, aimed at improving the functioning of homeowners' associations (HOAs). The document primarily focuses on combating forgery in the decision-making process and enhancing oversight of the board's activities.
One of the significant innovations will be the mandatory involvement of a notary in processes related to apartment buildings. To form an initiative group, which requires only 10% of the owners' votes, prior appointment of a notary will be necessary. The notary's role will be to officially verify the authenticity of signatures at the founding meeting, which should prevent the falsification of protocols and ensure that each vote belongs to a real apartment owner.
To increase transparency, a mandatory register of HOA members will be introduced, which will include all owners and the dates of their membership. The current data from this register will serve as the basis for quorum verification, and the HOA management will be required to update and submit the lists to the registering authorities annually.
Particular attention is given to buildings with commercial premises, where owners of non-residential spaces will be able to participate in voting only in person. The notary will also be required to certify the signatures of each participant in such a process.
Additionally, it is proposed to extend the term of the board's powers to three years instead of the current two. To avoid situations where a building is left without management, the powers of the old board will remain in effect until new board members are elected.
The authors of the draft law are confident that the proposed changes will be an effective means of combating abuses in the housing and utilities sector, protecting residents' rights, and improving the management quality of apartment buildings.
