What are the duties of the CSC: services and report of the chairman according to the law of the Republic of Kazakhstan
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What is included in the responsibilities of KSK: services and the report of the chairman under the Law of the Republic of Kazakhstan: Real Estate newspaper | Kn. kz

KSK is an organization created by residents of a house or several houses. Where does she spend money, what are the responsibilities of KSK, what documents do she conduct?

What is included in the responsibilities of KSK: services and the report of the chairman under the Law of the Republic of Kazakhstan

What are the duties of the CSC: services and report of the chairman according to the law of the Republic of Kazakhstan

KSK service is a sick theme for residents of apartment buildings. It is interesting that everyone knows what KSK is doing, that he should repair heating, repair the basement, put the roof in order. But at the same time, few in the conflict with the service can say for sure what is the responsibility of KSK and what are the ways to control their work. We will talk about the basics of the basics – responsibilities, structure of KSK and payment for their work below.

What is KSK?

KSK is a cooperative of apartments, an organization created by residents of a house or several houses, which have a common courtyard and communications. The service collects money from residents for repairs, maintenance, etc. A special revision commission works for verification: you can contact it to find out where the money goes. If violations are detected, then residents must go to court. Then at the general meeting, residents re -elect members of the board of KSK.

Who is part of the KSK board and the commission?

Members of the board are several persons who represent the interests of residents at the meeting of the founders. Most often, members of the board choose active residents of the house who know about existing problems and have been living in this condominium for a long time.

The audit commission is people who enjoy the trust of most inhabitants of the house. They are chosen at a general meeting of apartments.

However, there are nuances in relation to the audit commission – it should not include members of the board of the KSK or the owners of the apartments who live together with the founders of the KSK. In case of doubts about the honesty of the commission, tenants conduct an audit.

If less than 10 people include a cooperative, then instead of a commission they choose an auditor. The issue of inclusion in the work of activists, people on disability is relevant. There are times when unreasonably some KSK chairmen threatened other participants with exceptions to the activities, arguing with disabilities.

We asked our expert, can activists just engage in improvement, commissioning, etc.? Answers Practicing lawyer, employee of the ZHSSBK, Art. Rev. Department of Legal Disciplines of the Academy Bolashak Sarkenova Saule Kapanovna: “Activists cannot just come without the consent of the owners of the premises (apartments) of a residential building to establish heating. Each condominium has common property. These are parts of the condominium object (entrances, stairs, elevators, roofs, attics, basements, extra -circuit or common house engineering systems and equipment, subscriber mailboxes, land, including landscaping elements and other common property), except for premises located in individual (separate ) property.

In 2015, amendments were amended by the Law of the Republic of Kazakhstan “On Housing”. Article 42 stipulates that the control body by the Condominium object in this object of the condominium of the service and other activity that is not related to the object of the condominium is prohibited. Also, the number of mandatory issues at the meeting of the owners of the apartments includes the choice and (or) the rejection of the services of the subject of service.

This suggests that if any changes in the condominium affect the common property necessarily written consent of at least two -thirds of the total number of owners of premises (apartments) of a residential building. ”

The question is also clarified about people with disabilities. Can there be disabled people in the Chairman, in the Committee at KSK? This is a question regarding the insulation of basements, pipes and other repair work. Expert Saule Sarkenov It argues with articles of the law: “Yes, they can. No one has the right to refuse to hire or refuse to conclude an employment contract or change working conditions if the state of health of the disabled person does not interfere with the performance of professional duties. According to the Constitution of the Republic of Kazakhstan and the Labor Code of the Republic of Kazakhstan, no one can be subjected to any discrimination in the implementation of labor rights based on the motives of origin, social, official and property status, and physical disabilities. For these offenses at the request of an disabled employee to the Department of Labor and Social Protection of the Population, the employer may be held administratively liable for violation of the labor legislation of the Republic of Kazakhstan. ”

Thus, being among the members of the cooperative, anyone can engage in both repair and commissioning of technical points. Another thing is activists. Everyone who is engaged in heating and other technical moments should be elected at the meeting and own certain knowledge, understand matters.

About money

If the obligatory payment to the KSK was overdue, then a penalty of 5.5% per annum is charged for each day of delay

Residents for maintaining the house pay KSK certain amounts, and then KSK “lets” the funds for repairs, for some other needs for maintenance of the house. If the mandatory payment in KSK has been expired, then for each day of delay a penalty is charged in 5.5% per annum.

If 3 months have passed after the delay and the tenant refuses to pay the amount without good reason, then KSK can go to court to enforce debt.

KSK can also provide additional services – this is the improvement of the house, the district, the court. To do this, KSK will additionally collect funds by telling about this at the general meeting of residents and having received their consent.

These fees under the Law “On Housing Relations” are described as the accumulation of money on accounts in banks for the current and overhaul. According to the Law of KSK, each house should open an account with a bank – it is transferred to the monthly payments of residents. These payments should be at least 0.02 times.The upper limit is set at the meeting of owners.

KSK can also provide additional services – this is the improvement of the house, district, yard. To do this, the KSK will collect additional funds by talking about it at a general meeting of residents and obtaining their consent.

In order to know what they charge for every month, each tenant must be present at the meeting – at the meeting it is decided what the KSK will do, what problems there are at home and how much money is needed to solve problems.

The amount of the contribution is determined as follows: the meeting of owners develops design and estimate documentation, and then the amounts are divided by the number of participants and the period.

Moreover, the monthly fee and, in general, the costs of CSC of one house may differ from another: it all depends on the wear and tear, the number of entrances, the type of house, technical conditions and other nuances. So if you pay less than the buddies who live next door, then most likely they just have an older, problematic house. For example, the roof leaks badly in it, and money is collected for repairs.

Who is better to choose as chairmen of the KSK?

In fact, the chairman of the KSK is not just a fundraiser and organizer of meetings. The work of the service itself is technical, and therefore the chairman must have certain knowledge and understanding of the technical side of the work. How to choose the right chairman, because this is not a profession, it is not taught in institutes? Tells our expert, lawyer, employee of the HCSB Saule Sarkenova: “According to Article 47 of the Law of the Republic of Kazakhstan “On Housing Relations”, the election of the chairman of the housing cooperative is assigned to the exclusive competence of the general meeting of the cooperative. Therefore, the chairman of the KSK members is elected at 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.

If we are talking about qualification requirements for the candidacy of the chairman, then the only document where they are legally fixed is the order of the chairman of the Agency of the Republic of Kazakhstan for Construction, Housing and Communal Services No. 215 “On approval of the qualification requirements for the candidate recommended by the housing inspection for the candidature of the chairman of the board of the cooperative of owners premises (apartments). Thus, according to the Law On Housing Relations, the housing inspectorate also has the right to recommend citizens to chairmen of the housing cooperative. According to this order, a candidate for chairman of the board of a cooperative of owners of premises must:

  • have a higher (or postgraduate) education in the relevant specialty;
  • have at least five years of experience in management positions in the organization and (or) at least two years of experience in servicing condominium facilities;
  • know the current legislation of the Republic of Kazakhstan in his work;
  • have skills in the operational adoption and implementation of management decisions, planning work and control, conducting business negotiations, public speaking, etc. ”

Thus, if when choosing the chairman, the tenants faced a problem, then they can turn to the housing inspection for advice – whom they would offer for this role.

List of duties KSK

The duties of KSK include work on the current repair and maintenance of heating networks, water pipelines, sewers, electrical networks. So in the current repair, the repair of the current roof is included, repair in the entrance – replacing broken glasses, doors, railing. Once every five years, they should be plastered in the entrances and paint the walls, ceilings, stairs. Also, at the request of the residents, cracks are sealed in the walls and potholes are sealed.

Important: the complete replacement of the roof in the current repair is not included, only repair and elimination of leaks.

What do they do with heating? Firstly, repairs are carried out, in the fall and in the spring they turn on and turn off heat, in the spring check the state of the system, regulate it when starting. KSK also eliminate small malfunctions: cleaning the reinforcement and mud from scale, elimination of leaks, fixing sections and supports under shattered pipelines, etc. If necessary, KSK makes the thermal insulation of pipelines and their hydraulic flushing.

With regard to water supply systems, the KSK service is obliged to check thermal points 2 times a month and measure the pressure temperature. At the beginning and end of the heating season, the service switches the system to the DHW mode, replaces the gaskets of the reinforcement, cleans them of scale and salts, eliminates leakage.

The duties of KSK include work on the current repair and maintenance of heating networks, water pipelines, sewers, electrical networks.

Also, if some separate sections up to 1 meter are damaged by length, then the KSK service can replace them. The service also replaces the throttle organs and strengthens the shaved supports.

In relation to the sewage system, KSK should: clean it in the basement, eliminate the leak, wherever it is on the thread, fill the omentifics on the valves and brew all holes. Also, if necessary, water is pumped out of the basement, sections of water supply are replaced in the ceiling. KSK should also cause disinfection, disinsection, and deratization of the basement.

In the competence of the KSK, the maintenance of the general purpose electrical wiring is also located:

  • burned fuses in the main shield are replaced;
  • monitor the presence of lighting in the entrances – while the bulbs are replaced only on the ground floor and porch (if it is there);
  • According to the applications, emergency dispatch services are called;
  • The charred wires of the phase-nul in the main shield and in floor shields are restored;
  • The voltage is supplied and the circuit breakers are replaced.

In addition to the above duties, KSK is also removed in the local area and has a number of administrative tasks. With regard to cleaning, KSK is engaged in the removal of snow, removes ice from the tracks, pushes sand, mounts taps for rain from home, removes garbage and leaves from the roof, takes it out of garbage.

Administrative tasks include maintaining documents.

What documents are KSK?

If residents have any complaints and suggestions about the quality of service, then they must be sent in writing to the KSK

If the residents have any complaints and proposals for the quality of service, then they need to be sent in writing to KSK. It is on written appeals and surveys that the service itself is already conducting that meetings are subsequently held. Questions and complaints of people, the results of the survey are carried out on the agenda. As a result of its work, KSK conducts financial and tax accounting, stores all technical documents on the maintenance of the house.

Another important point-at the beginning of some difficult works, KSK is obliged to notify the residents if these works stop access to the communications of the house. For example, they repair the water supply, and there will be no access to water. In such a situation, the ads on the entrances is most often hung: “Dear residents, from 10 a.m. to 6 pm there will be repair work, will block hot and cold water.”

If contractors and other services are hired for the repair and maintenance of the house, then KSK pays for their work, concludes an agreement with them. In addition, KSK keeps records of the owners of apartments and tenants.

Papers you can get from KSK

The work of KSK should be absolutely transparent for each participant in the condominium. Therefore, each quarter, the chairman of the board must provide a report on the use of funds. Also, this report should be provided at the first request of the owners of the apartments.

All residents may require the audit commission an act of verification of financial and economic activities of the cooperative. This commission also draws up an opinion annually by investigating the report of the cooperative board and the annual estimate of expenses and income.

KSK does not work well – where to complain?

Cases of poor work of KSK are where enough: current roofs, lack of wiring on the stairs, many years of discontent of residents. The entire pile of claims rests not only on poor living conditions, but also on money – every tenant pays a monthly “service”. What to do if your KSK has not developed the most fun situation. Where to go to complain? Tells ours Expert practicing lawyer Saule Sarkenova: “There is no need to complain anywhere. According to the law “On the consumer cooperative”, state bodies and local governments are not entitled to intervene in the activities of the consumer cooperative, with the exception of cases provided for by legislative acts of the Republic of Kazakhstan.

To begin with, each owner must know that there are several types of forms of control of the object of condominium.According to Article 43 of the Law of the Republic of Kazakhstan On Housing Relations in a multi-apartment residential building (or part thereof), which has a unified system of engineering and communal support and constitutes a single housing and communal complex, only one of the forms of joint management of a condominium object can be applied. The form of management of the condominium object is determined by the agreement of its participants. These forms can be:

  • direct joint management of all owners, if their number does not exceed twenty;
  • cooperative of owners of premises (apartments);
  • management of the condominium object by third (outside) parties: elected or hired individuals – managers of residential buildings (managers) or legal entities;
  • other forms that do not contradict the legislation of the Republic of Kazakhstan.

If the KSK is chosen as the form of government, each owner of the premises himself decides whether to join the KSK or not. Nobody has the right to force anyone.

Therefore, if the KSK does its job poorly, the actions of the board of the cooperative or its chairman should simply be appealed at the general meeting of the members of the cooperative, that is, the members of the KSK have the right to raise the issue of re-electing the board or chairman of the cooperative. This means that the only body to which the KSK is subordinate is the general meeting of members of the KSK, and in matters relating to individual houses, and not the entire cooperative, the general meeting of owners of premises (apartments).

Also, the owners of the house have the right at the general meeting to decide on the transition from one CSC to another, or choose a management company, or invite a manager. It all depends on the desire of the owners who are members of the KSK. Moreover, they can apply to another KSK with a request to accept the house for maintenance. But in this case, only after agreeing to the adoption, it is necessary to hold a meeting and move to another KSK.

Thus, by law, the entire initiative is given into the hands of the apartment owners themselves. If dissatisfied with the work of the KSK, the owners can join another KSK or take a different form, independently serve their home.