Chairman of a ТСЖ in Kyrgyzstan: Powers and the Handover Act
The chairman is the person who signs an owners' association's payment documents and acts for it without a power of attorney. This article covers how the chairman is elected, what the law allows, what limits the position and which handover acts the law really requires. It is about owners' associations (ТСЖ) in Kyrgyzstan generally; Bishkek's city acts were not reviewed. The basis is Law No. 122 of 9 July 2013, redaction of 28 May 2025.
How the chairman is elected
The board is elected from members by the general meeting for the term the charter sets, no longer than 2 years. The board has an odd number of members, and nobody can be elected for more than two consecutive terms. The board chooses the chairman from among its members (art. 15).
Who can be chairman (art. 17.1¹, since 28 May 2025):
- a capable adult;
- a citizen of the Kyrgyz Republic;
- with no conviction for economic crimes, or one that has been removed or expunged.
Separately, the Housing Code closes the door to owners in arrears: an owner with a debt for common-property management costs cannot hold office in the association's governing bodies (art. 37.6).
What the chairman may do
The chairman of the board acts for the association without a power of attorney, signs payment documents and concludes transactions "which … do not require the mandatory approval of the board or the general meeting of members" under the charter (art. 17(2)). The line is this: what the law or the charter reserves for approval by the board or the general meeting, the chairman cannot do alone. For payment documents it means the chairman's signature needs no separate power of attorney.
What limits the position
Owners have a remedy if the chairman abuses the post. Members and owners may stop paying mandatory contributions, until the breach is cured, if (art. 22.3):
- the association does not settle cashlessly from 1 January 2026;
- board members do not report on their activity or submit the financial report on time;
- the chairman concludes transactions in the association's name for personal purposes;
- the mandatory charges do not conform to the Housing Code.
The association must also report quarterly to owners on activity, income and expenditure, and give members, on written request, information, a copy of the audit commission's opinion and the general meetings' minutes (art. 7). The general meeting approves the board's annual report by two thirds of all members' votes (arts. 13.2, 14.7). The audit commission, from which board members and their families are barred, audits the finances at least once a year (art. 18).
Handover acts: what the law requires
On registration of the association. From state registration, the owners or the organization that managed the common property before must within one month hand the association all documents connected with the building or buildings and land plots under a handover act, and have the technical condition of the common property assessed with a written conclusion. The association must keep documents for six years. A developer must hand over the common property in proper condition (art. 10).
When a managing organization is replaced. If the meeting chooses another managing organization or another form, the previous organization must hand over all technical documentation for the building and other management documents to the relevant representatives thirty days before the contract ends (art. 33.5 of the Housing Code).
From one chairman to the next. Law No. 122 contains no procedure for handing over from one chairman to the next; a handover act is provided for only on registration of the association (art. 10). It makes sense to settle it in the charter, which by law contains how the association is run (art. 5), and to hand over by act on the board's decision.
A working template (the form is not from the law)
The law gives no form. Below is a structure to start from; by law only the handover of documents under an act and the technical-condition conclusion (on registration of the association) are required.
- Date, place, the parties (who hands over, who receives, in what capacity) and the basis: a meeting or board decision, or a contract.
- A list of documents connected with the building and the land plot, with sheet counts. In practice this covers the charter, minutes and board decisions, the register of members, contracts, accounting and payment documents, audit reports and technical documentation. If the building has a house passport (Housing Code art. 79), list it: the law requires a passport but does not say who keeps it.
- A written conclusion on the technical condition of the common property, if the act is drawn up on registration.
- The bank account and balances, the seal, keys and access: this is practice, the law does not list them.
- The receiving party's remarks and the signatures.
What Unitify does
Unitify gives associations and managing organizations in Kyrgyzstan cashless billing with transparent per-owner accounting and reporting to owners, which is the part whose failure lets owners stop paying from 2026. We have no live sites in Kyrgyzstan yet.
See how to set up an owners' association in Kyrgyzstan, Unitify for Kyrgyzstan or book a demo.
Sources: Law of the Kyrgyz Republic No. 122 of 09.07.2013 (redaction of 28.05.2025), arts. 5, 7, 10, 13, 14.7, 15, 17, 17.1¹, 18, 22; Housing Code No. 117 (redaction of 06.08.2025), arts. 33, 37, 79; cbd.minjust.gov.kg. Checked 11 September 2026; recheck the current redaction before relying on it.
Frequently asked questions
Who elects the chairman of an owners' association in Kyrgyzstan?
The board elects the chairman from among its members (art. 15.3 of Law No. 122). The board itself is elected by the members' general meeting for no more than 2 years and no more than two consecutive terms.
Who can be the chairman of the board?
A capable adult who is a citizen of the Kyrgyz Republic and has no conviction for economic crimes, or whose conviction has been removed or expunged (art. 17.1¹, as amended by Law No. 108 of 28.05.2025). An owner in arrears on common-property management costs cannot hold office in the association's governing bodies (art. 37.6 of the Housing Code).
Can the chairman sign payment documents and contracts without a power of attorney?
Yes, within art. 17(2): he acts for the association without a power of attorney, signs payment documents and concludes transactions that, under the law and the charter, do not require the mandatory approval of the board or the general meeting. Anything that does require that approval cannot be done without it.
What happens if the chairman makes transactions for personal purposes?
Members and owners may stop paying mandatory contributions until the breach is cured (art. 22.3(3)). The same right arises if board members do not report on time or if charges do not conform to the Housing Code.
Is a handover act required?
Law No. 122 contains no procedure for handing over from one chairman to the next; a handover act is provided for only on registration of the association (art. 10), when the organisation that managed before hands the documents over within a month. Separately, the Housing Code requires an outgoing managing organisation to hand over the technical documentation thirty days before the contract ends (art. 33.5).