Does the chairman of the KSK have the right to make decisions on hiring, determine the fee for utilities? How can apartment owners control the work of the chairman? What measures can residents take against the chairman of the KSK?
The election of the chairman of the KSK, according to Article 47 of the Law of the Republic of Kazakhstan "On Housing Relations", is attributed to the exclusive competence of the general meeting of the cooperative. To confirm the powers, the chairman must be provided with the minutes of the general meeting on his appointment. In this case, the decision of the general meeting will be valid if at least 50% of the members of the cooperative or their authorized representatives participated in it.
Approval of the annual budget and annual income and expenditure estimate (which will include expenses for the salaries of electricians, plumbers and other workers, as well as the amounts of payments are also attributed by this article to the competence of the general meeting. That is, the chairman does not have the right to independently decide 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 for the maintenance of the condominium facility, but the estimate of expenses for paying their labor is approved by the meeting.
The general meeting is authorized to consider any issue of the activities of the cooperative of owners of premises (apartments). And this will have priority 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 can be cancelled or changed. The meeting has the right to develop and approve mandatory internal rules (instructions) that the chairman must follow in his activities.
The general meeting may elect an audit committee, which will be tasked with conducting a financial audit of the cooperative's activities. The audit committee provides an opinion on the annual report of the cooperative's board and on the annual income and expenditure estimate submitted by the board. The results of the audit are discussed at the general meeting and a decision on them is made by a majority of votes.