{"id":456,"date":"2026-10-04T09:05:20","date_gmt":"2026-10-04T09:05:20","guid":{"rendered":"https:\/\/legis.kz\/?p=456"},"modified":"2026-10-08T12:15:47","modified_gmt":"2026-10-08T07:15:47","slug":"%d0%ba%d0%b5%d0%b9%d1%81-%d0%b7%d0%b0%d1%89%d0%b8%d1%82%d0%b0-%d1%81%d0%be%d0%b1%d1%81%d1%82%d0%b2%d0%b5%d0%bd%d0%bd%d0%b8%d0%ba%d0%b0-%d0%ba%d0%b2%d0%b0%d1%80%d1%82%d0%b8%d1%80%d1%8b-%d0%be%d1%82","status":"publish","type":"post","link":"https:\/\/legis.kz\/en\/%d0%ba%d0%b5%d0%b9%d1%81-%d0%b7%d0%b0%d1%89%d0%b8%d1%82%d0%b0-%d1%81%d0%be%d0%b1%d1%81%d1%82%d0%b2%d0%b5%d0%bd%d0%bd%d0%b8%d0%ba%d0%b0-%d0%ba%d0%b2%d0%b0%d1%80%d1%82%d0%b8%d1%80%d1%8b-%d0%be%d1%82\/","title":{"rendered":"Case study: defending an apartment owner against an unfounded water damage claim"},"content":{"rendered":"

Category:<\/strong> Civil law \/ Compensation disputes \/ Housing law <\/p>\n\n\n\n

Location:<\/strong> Almaty, Bostandyk District Court <\/p>\n\n\n\n

Outcome:<\/strong> All claims against our client were dismissed. <\/p>\n\n\n\n

The issue and background<\/strong><\/p>\n\n\n\n

Our client, the owner of apartment 20, faced a claim from the downstairs neighbour, the owner of apartment 17, seeking compensation of KZT 490,452<\/strong>, together with court fees and representation costs, a total of KZT 551,704<\/strong>). The claimant alleged that an incident in our client\u2019s apartment caused flooding and relied on a report prepared by the Matay property owners\u2019 cooperative. <\/p>\n\n\n\n

The challenges<\/strong><\/p>\n\n\n\n

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  1. The cooperative\u2019s report:<\/strong> The report submitted by the claimant identified a broken coupling in the defendant\u2019s apartment as the cause of the flooding and expressly recommended that the defendant settle the compensation issue.\u00a0<\/li>\n\n\n\n
  2. The cooperative\u2019s position:<\/strong> The cooperative\u2019s representatives argued in court that utility networks within the defendant\u2019s apartment were not common property and that the owner alone was responsible for their condition.\u00a0<\/li>\n<\/ol>\n\n\n\n

    Our legal strategy and work<\/strong><\/p>\n\n\n\n

    Our lawyers prepared objections and closely examined the evidence submitted by the claimant and the cooperative: <\/p>\n\n\n\n

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    1. We challenged the admissibility and reliability of the flooding report:<\/strong>\n