Does the chairman of the KSK have the right to make a decision on hiring, to determine the payment for utilities? How can apartment owners control the work of the chairman? What measures can residents take against the chairman of the KSK?
Article 47 of the Law of the Republic of Kazakhstan "On housing relations" refers to the exclusive competence of the general meeting of the cooperative. To confirm the powers of the chairman, it is necessary to provide the minutes of the general meeting on his appointment. At the same time, the decision of the general meeting will be valid if at least 50% of the members of the cooperative or their proxies participated in it.
The approval of the annual budget and the annual estimate of income and expenses (which will include the cost of wages for electricians, plumbers and other workers, as well as the amount of payments are also referred by this article to the competence of the general meeting. That is, the chairman is not entitled to independently resolve such issues. In accordance with article 48 of the Law "On Housing Relations" the chairman has the right to independently hire workers and employees only to service the condominium object, however, the assembly approves the estimate of expenses for paying them.
The General Meeting is authorized to accept for its consideration any issue of the activities of the cooperative of owners of premises (apartments). And it will take precedence over the decisions of the chairman. The meeting has the right to demand from the chairman a report on the work done with the provision of documents. By a majority vote, any decisions of the Chairman may be reversed or modified. The Meeting has the right to develop and approve mandatory internal rules (instructions) by which the chairman should be guided in his activities.
At the general meeting, an audit commission may be elected, which will be entrusted with conducting a financial audit of the cooperative's activities. The Auditing Commission issues an opinion on the annual report of the board of the cooperative and on the annual estimate of income and expenses submitted by the board. The results of the audit are discussed at the general meeting and the decision on them is made by a majority vote.