In Kyrgyzstan, a draft law has been submitted for public discussion, aimed at regulating the activities of homeowners' associations (HOAs). The document primarily focuses on combating falsifications in the decision-making process and increasing control over the work of the board.
One of the most significant innovations will be the requirement for a notary to be involved in matters concerning apartment buildings. An initiative group, which can be formed with just 10% of the owners' votes, will need to select a notary in advance, whose task will be to confirm the authenticity of the signatures at the founding meeting. This innovation will help prevent the forgery of protocols and ensure that each vote in the documents belongs to a real apartment owner.
To enhance transparency, a mandatory registry of HOA members will be introduced, which will include all owners and the dates of their entry into the association. Current information from the registry will serve as the basis for quorum verification, and the HOA management will be required to update and submit lists to the registering authorities annually.
Special attention is given to buildings with commercial premises. If the owners of non-residential premises are part of the HOA, all decisions will be made exclusively at in-person meetings. The notary will be required to certify the signatures of all participants in such votes.
Changes to management rules are also proposed: the term of office for the board is planned to be extended from two to three years. However, to avoid situations where a building is left without management, the old board will continue to perform its duties until new managers are elected.
The initiators of the draft law are confident that the proposed measures will be an effective means of combating abuses in the housing and communal services sector, protecting residents' rights, and improving the quality of management of apartment buildings.
