All the powers of the Chairman of the HOA are defined in Article 149 of the Housing Code. Specific rights Usually spelled out in the Charter of the HOA, the adopted general meeting, but they cannot contradict the provisions of the law. So, in accordance with the LCD, the Chairman of the HOA has such powers:
- sign on behalf of the HOA payment documents;
- develop a regular schedule (i.e., determine the number of employees in the HOA, their work schedule and their labor);
- control the execution of solutions of the General Assembly and Board;
- enter into contracts with organizations serving the house.
Based on this, its rights are determined:
- fully and fully dispose of all means located in bank accounts of the HOA;
- calculated with organizations providing operational services and supply utilities;
- independently lead accounting;
- take to work and dismiss workers;
- pay to employees of the HOA, including yourself;
- control the work of employees of HOA and third-party organizations, with which a service agreement concluded.
In addition, such powers of the Chairman can be identified in the contract:
- speak on behalf of the HOA in court and take funds to cover legal costs;
- submit claims to the court;
- declare a tender for a home maintenance contest;
- to have a decisive voice in case of the opinions of the participants in the General Assembly divided equally;
- to give residents the necessary documents;
- accrually accrue.
In principle, the listed rights may be transferred to other Employees of HOA. For example, the right to perform in court - a lawyer, accrual the rent - accountant, to give the tenants to the tenants - the secretary, etc.
In the event that a large number of tenants live in the house, this approach is expedient. But if the house is small, then all these rights and responsibilities can be given one person - Chairman of the HOA.
Controversial moments
In accordance with the Constitution, each Russian has the right to the inviolability of housing. This means that no one has the right to inspect the apartment - even the staff of the powerful departments (for admission they must have a court of searching - order).
Consequently, without the permission of the tenant, the Chairman of the HOA has no right to enter the apartment, unless he will have a court decision on his hands.
But in some cases, the penetration of the apartment is necessary - even if the tenant is against or if it is missing. For example, the pipe broke through his apartment, and the house floods. Such situations are emergency.
But even in this case, the chairman and employees of the HOA - carpenters, repairmen, etc. - They do not have the right to penetrate the apartment, the more exercise hacking the door. Maximum that they can - overlap water and brew the pipe near the neighbors above and below. If, for example, a short circuit occurred, then they can simply isolate an apartment from a common electriable.
After the tenant, allowed an emergency, an invoice for losses is set.
Sometimes in the charters of HOA, they prescribe that in the event of unexpected situations, the Chairperson has the right to go to the apartment without resolving the tenant. This charter is not legal from the point of view of the Constitution and may be appealed in court.
Second controversial moment - Does the right to hide the lists of debtors? In accordance with the "Law on Personal Data", the disclosure of any information about the face without it is prohibited written consentincluding:
- surname, name and patronymic;
- passport details;
- address of residence;
- marital status;
- property availability;
- the presence and amount of debt.
Thus, in accordance with this law, without a written permission, the Chairman of the HOA is not entitled to post the haugh known list of debtors. Maximum, which is allowed - an impersonal presentation of information.
For example, you can simply write: "In our house, 23 debtors live, the overall debt on utility payments exceeds 250 thousand rubles. We ask for a time to pay the rent. " This is maximum. It is impossible to even list the consort of apartments of the debtors.
The Board may draw lists for themselves to, for example, to make the consignment and explain and explain the debtors about the responsibility for non-payment of the apartment.
Responsibilities Chairman of the HOA in apartment buildings
Responsibilities are closely intertwined with the rights of the Chair. So, much of what the Chairman is authorized, he is simply obliged to perform:
- control the activities of contractors and the proper quality of the work performed;
- monitor the sanitary and technical condition of general-purpose property;
- conclude agreements with organizations serving the house;
- enter into contracts with physical and legal entities who are not owners, and employers of premises, the repair and maintenance of the building;
- carry out the rental fee from the employers and users of general-purpose property (it is mainly about entrepreneurs who shoot shops and offices on the first floors at home);
- ensure compliance with the rights of owners;
- control the fulfillment of the owners of the housing of their duties on the maintenance of the building (in more often, to control the collection of rent);
- lead accounting and statistical reporting, economic documentation;
- spend timely bank operations;
- hire and train employees of the HOA;
- respond to the possible occurrence of emergencies;
- monitor compliance with the rules of the hostel and for the implementation of the norms of the Housing, Civil Code, the requirements of SanPine and other legal acts.
Thus, the number of responsibilities of the chairman is quite wide. Therefore, tenants should spend carefully! He can delegate part of his work to hired employees.
For example, all banking operations and accounting can exercise professional economist, and for the state of the building, to monitor the authorized engineers.
The task of the chairman is to organize all this work and not to allow emergency situations.
On the Chair, the General Assembly or Board of HOA additional duties may be assigned. For example, when conducting overhaul It can be authorized to control all the work and disposal of the funds deferred for these needs.
Responsibility of the chairman of the TSZH.
The legislation does not register the responsibility of the Chair for its actions (or inaction), which led to ineffective HOA control. IN common casesOf course, you can be guided by certain articles of the Criminal Code, for example:
- negligence;
- assignment or waste;
- fraud;
- abuse authority.
However, for timely response, it is best to register the procedure for attracting a chairman to justice in the Charter of the HOA, for example:
- what responsibility is imposed on him without going to court, at the general meeting of residents (for example, a fine of waste money HOA);
- procedure compensation for damages (for example, complete compensation of shelted money voluntarily or by appealing to court);
- order of appeal to the court;
- the measure of the responsibility of the chairman for the actions of counterparties (for example, if the damage is not the chairman, but a contractor - it is necessary to indicate who exactly the Board has a claim).
- measure of liability for the specific actions of the Chairman.
Since the work of the Chair is related to large amounts of money and the management of a large farm in the form of apartment house and adjacent territory, then he carries personal material responsibility:
- for the safety of general-purpose property, like any other tenant or member of the Board;
- for the safety of material values \u200b\u200bin the office of the Board (furniture, office equipment, household appliances, etc.);
- for the safety of funds on payment accounts of the HOA;
- for the correctness of settlements with contractors and servicing organizations;
- for the defendant collection of rent and rent;
- for the correct distribution of the salary fund;
- for the target spending of funds deposited on the reserve and for overhaul.
In case of detection of violations against the Chairperson, members of the Audit Commission draws up in the presence of two witnesses of the act of violation, the amount of damage is determined. Then she was proposed voluntarily, in until judicial order, resolve the conflict and compensate for the incurred losses.
In case of refusal, the Board submits to the Chairmanship On the recovery of damage, applying the act and material evidence to him. In turn, the Chairman may submit to the court to the Board and the Audit Commission, if I do not agree with the accusation. It may end and.
Thus, the work of the Chairman of the HOA is strictly regulated by regulatory and legal acts. It acts on the basis of the provisions of the Civil and Housing Code, and with the direct execution of obligations is guided by the provisions of the Charter.
The Rights of the Chairpersons implies the presence of duties. In violation of their powers, criminal or administrative responsibility may be applied to the Chair. For their actions, the Chairman also carries full material responsibility and will have to compensate for all damage caused.
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The changes undergoing housing legislation in 2015 were directly affected by the activities of the HOA. Since then, changes have not happened, therefore the provisions are relevant so far.
So the responsibility of owners was the holding of meetings to make changes to the charter of the partnership. By new edition The Charter's law should be registered in the FTS, and the Chair must receive an extract from the register.
Pros and disadvantages of this method of management
According to art. 135 Housing Code of the Russian Federation, HOA (Housing Association) is a non-profit organization that unites the owners of premises in an apartment building for organizing collective management to all real estate, ensuring its use, possessing and disposal within the limits of legislation defined by the norms.
Membership in HOA allows you to participate in general meetings, therefore, makes it possible to directly affect the adoption of all decisions regarding the management of the house and determining the size of the contributions.
Undoubted advantage of HOA is that it is how it decides how the house will be contained. - Does the house need a constant protection, whether the current repair of the lobby, stair cells and corridors is required, which communications require replacement and so on.
Since the HOA has the right to dispose of all the premises of general use, the tenants of the joint decision can determine the appointment of the attic and basement.
Since the right to the adjacent territory is fixed by the HOA, you can arrange the children's playground or parking near the home of the residents.
In general, the creation of HOA allows quality to improve accommodation, if the owners are correct to the organization of home management.
It is important that the source of funds of funds in the HOA, in addition to housing contributions, can be public funds.
Since the owners of the unsuccessful premises are considered municipal authoritiesSuch are obliged to take direct participation in the expenditures necessary for the content of this house. If this obligation is not fulfilled, the HOA has the right to collect these payments in a compulsory basis.
Art. 153 LCD RF allows the HOA to become the initiator of the construction of additional premises to common propertySubsequently can be used to receive income. For example, attach to the house a store or cafe and so on.
The rental of such a premises will cover a significant part of the costs, which will reduce the amount of contributions.
Another advantage of HOA can be called the possibility of refusing services for the operation of buildings and organizations.
I.e residents themselves decide who to hire them to service And independently agree on.
The only minus the creation of HOA is the risk of incorrect management organization. But this problem is easily solved, because residents can re-election board members and a joint decision to determine the management plan.
In which houses you can create a partnership
Art. 136 LCD RF states that the owners of the premises in one apartment building have the right to create only one HOA.
Can create a common HOA and owners of several apartment houses, whose, engineering networks and other infrastructure elements bordered among themselves.
It is allowed to create a TPC with the owners of several closely located buildings, such as houses per host, country houses with household plots and without them, if they land borders or are located on a common territory and have common elements of infrastructure.
Two HOAs and more can create an association with the aim of joint property management.
Perhaps the creation of HOA still at the construction stage of the houseWhat is confirmed by Art. 139 LCD RF. It is noteworthy that the owners of the premises in the house under the control of HOA themselves decide to join them in a partnership or not.
How to make a decision to create
In order to create a HOA, it is necessary to hold a meeting of residentswhere it will be selected. At the meeting should be at least 2/3 of all owners of the house.
The decision to create an HOA is accepted by a majority of votes, according to the amendable changes now it is necessary to consent 2/3 of all owners of the premises, whereas it was enough for 50% of the vote.
The solution is made to the protocol of the General Meeting of the HOA. The voices of the owners are determined by the proportional principle - the larger the area of \u200b\u200bthe residential premises, the greater the votes of the owner.
Approval of the Charter
The procedure for the adoption of the Charter of HOA is determined by Art. 45-48 LCD RF. Tired must be approved by all owners Residential premises at home.
You can hold a meeting in a correspondence form if it is a partnership.
The charter should reflect all the main aspects of the maintenance and maintenance of the house. It indicates the address of the house, the place and date of the documentation of the document. Also prescribe the purpose of the functioning of the HOA, the rights and obligations of all partnership participants.
The owners of the premises are called property owners, that is, the HOA is renamed to TSN.
Starting from September 1, 2014, all HOAs should be registered as TSN, while no re-registration for already existing partnerships is needed.
Changes in the Housing Code of the Russian Federation touched the charter, in particular:
To make changes to the current charter is carried out general meetingwhere the charter varies on the basis of the protocol.
All changes are certified by the notary and go for confirmation of tax authorities. Following 5 days, the Chairman may receive an extract from Rosreestra on making changes.
Registration procedure
Registration Tszh. similar to registration of a legal entity And no special difficulties represent. After registration, the HOA is assigned an individual settlement account, which subsequently received by residents.
For the registration procedure of HOAs are needed the following documents:
- application form on registration of a legal entity;
- protocol of the General Assembly of Real Estate owners;
- calculation of the share of each of the owners;
- charter of HOA.
According to Art. 140 LCD RF, by the decision of the General Meeting of the HOA, can be transformed into a housing or housing and construction cooperative.
Conclusion of contracts with residents at home
The creation of HOA is possible with consent of 2/3 of the owners. But the rest of the tenants use the services of the same suppliers. Therefore, the partnership concludes with residents who are not his members, individual contracts for the provision of services.
The law does not assume compulsory written conclusion of such a document.
Organization of current home management work
Current home management work is organized by the current managers - chairman and Boardchosen by residents. They can be the same owners or hiring "from the side."
The Board is obliged to conclude contracts with service providers, collect payments, follow the current state of the house and so on.
Some documents, such as TSZH treaty with supplying organizations, can be closed to view members of the HOA, but they are available to the Audit Commission.
The procedure for the work report before residents
Plan of any work on maintenance of the house and the estimation of annual expenses approved by the general meeting of residents.
If the decision was made by correspondence voting, any member of the HOA has the right to disclose information on the activities of the partnership and for familiarization with the protocols of the correspondence assembly.
You can also familiarize yourself with the costs of HOA through viewing the settlement account of the partnership, which reflects not only all income, but also with removal.
Dispute resolution procedure
If a member of the HOA is not pleased with the organization of home management, it can make it necessary for discussion this question at the general meeting of tenants. Financial issues are permitted with the participation of the Audit Commission.
If the dispute could not be resolved within the partnership, the veins may be in a housing inspection that controls the provision of providing citizens communal services.
Also possible appeal to the tax authoritiesIf there are suspicions for the presence of financial frauds.
Video review with changes
Using the example of the Krasnodar Territory, it is shown how municipal authorities help representatives of apartment buildings to deal with intricacies in organizing managing general-purpose property.
). But if you look carefully, then the Housing Code does not provide for the responsibility of HOA for violation of obligations that are related to those or other factors. That is, if you want to attract the partnership of the owners of housing to justice, appeal to housing legislation is not enough.
You will first turn to the charter to get acquainted with its main provisions. HOA is a legal entity. Therefore, in order to attract HOA staff to justice, it is necessary to look for relevant standards in administrative, criminal and civil law.
Depending on which field or region, an excess of authority from HOA occurred, governments divide several types of responsibility:
- Before the participants of the partnership, That is, before the owners of housing in an apartment building and before other employees.
- Before other owners of the apartment (This meant that members of the HOA are responsible for those citizens who are also owners, however, are not part of the HOA).
- Before suppliers of utilities.Communal service providers often deal with debtors, in view of the fact that residents do not pay on accounts. However, responsibility for such non-payment and debts are imposed directly on members of the owners of housing.
- Before municipal education. Responsibility to municipality occurs if the HOA does not comply with the requirements that are set forth by local legislation or directly contradict the requirements of the local administration.
- HOA is responsible to the state, If for any reason does not fulfill the requirements established by law. For example, not paying taxes, not registered in tax authority etc.
Types of recovery
The responsibility of HOA can be divided into material and subsidiary.
Each of these types of responsibility deserves a special detailed consideration.
Material
In accordance with the law, under material responsibility, the legal term, which in its own way, denotes the obligation of a person to reimburse the damage, which was to cause another person. Material responsibility is a term that is very often found in Russian legislation.
Material responsibility in housing right is disclosed in the duties of the homeowners' accessories to compensate the losses that were caused by either another owner of the HOA, or a third party, which is physical or legal. Reimbursement comes from the TsZh budget.
Need to recover from HOA material damage It can also be spelled out at the level of the charter.
Subsidiary
The concept of subsidiary responsibility is found mainly in civil law. For example, to get acquainted with the manifestation of such a concept in Article 363 of the Civil Code. Subsidiary liability can be considered in accordance with different points of view of the lawyers.
- First of all, this is the recovery of the debt, which was not received from the person who had a duty of refund. At the same time, the first person cannot make money.
- The second description of the subsidiary responsibility is reduced to the term additional responsibility, which is assigned to members of the partnership in a situation where one of them cannot pay the debts.
Subsidiary liability is prescribed at the level of the charter, but it is not obligatory in accordance with the law.
This means that the members of the Board together with the Chairman independently decide whether the partnership will be a subsidiary responsibility for a particular situation or not.
What unlawful actions are possible?
In accordance with the practice of the existence of a home owner partnership, there is a list that establishes which actions can be attributed to illegal from the partnership, and which countries cannot entail responsibility:
- failure to fulfill the requirements established by law;
- non-compliance with the rights and interests of tenants;
- non-fulfillment of duties to ensure sanitary and technical status the buildings;
- failure to comply with the obligations that were adopted at the General Meeting or are provided for by contracts.
Depending on who violates third-party rights or established local acts Requirements allocate several types of responsibility:
- before the participants of the partnership;
- before service providers;
- before the owners of the property;
- before the state or municipal education.
Who is responsible? It may arise both the Chair and the Board, as well as other members of the partnership.
Chairman
The actions of the chair applies. It provides for the damage that the HOA may be caused in accordance with the activities of the Chair. Housing Code does not provide for responsibility for of this person. However, responsibility measures may be provided for in the Charter.
The personal responsibility of such a citizen as the Chairperson is considered for such violations as losses that have arisen from the partnership as a result of its activities and unreasonable decisions, as well as for distorting information or concealing information on the activities of the partnership.
Members of the Board
In addition to the Chair, members of the Board of Housing owners can be responsible.
After all, these people who were elected from the total mass of the owners, ensure the full fulfillment of the Organization's obligations to all the counterparties and owners.
In general, the Board is the Executive Body of the Partnership, which takes responsibility for the implementation of decisions that were adopted by the Chairman, Board or General Assembly. In accordance with Article 53.1 of the Civil Code, the Board is responsible for harm that has been caused to a legal entity as a result of actions.
Harm can be expressed as a fine, as well as in the payment of damage caused. In such a situation, members of the Board are also responsible, and possibly re-election.
Members of the partnership
If members of the HOA are subject to criminal or administrative responsibility, it means that they violated the rules that have been established by the state in appropriate sanctions and norms. The responsibility of HOA, or rather its members, comes in cases that are listed in chapter 7 of the Administrative Offenses Code. This chapter tells about the field of property protection.
Specific compositions that can be applied in this situation are named in Articles 7.22 - 7.23.3. With regard to the criminal responsibility of the partnership, it is already applied in relation to specific persons, but not against a legal entity.
Often there are compounds relating to waste (), Fraud (), abuse of powers ().
Article 7.22 of the Administrative Code of the Russian Federation. Violation of the rules for the maintenance and repair of residential buildings and (or) residential premises
Violation by persons responsible for the maintenance of residential buildings and (or) residential premises, the rules for the maintenance and repair of residential buildings and (or) residential premises or order and rules for recognizing them unsuitable for permanent residence and transfer them to non-residential, as well as reorganization and (or) Redevelopment of residential buildings and (or) of residential premises without the consent of the employer (owner), if the reorganization and (or) redevelopment significantly change the conditions for the use of residential house and (or) to the residential premises - entails the imposition of an administrative fine on officials in the amount of from four thousand to five thousand rubles; On legal entities - from forty thousand to fifty thousand rubles.
How are breeding violations?
Violations can be identified by appeal to the office of the partnership with a complaint, submitting the initiative group of judicial of the statement In the instance of the partnership.
The offenses can be detected during the inspections or audit.
Is it possible and how to complain to the owner?
If a violation of its rights was allowed against the owner, there are several event scenarios.
- The owner can try to solve the problem of mediation procedure. To do this, he must write a complaint and send it to the office of HOA. The complaint should be considered within two weeks. After this time, the partnership owners of housing should respond to appeal.
In case the reaction has not been received, this means that the partnership is not going to carry out correctional measures towards the owner.
- In this case, a citizen may file a complaint with the appeal in the form of a statement in the housing inspection, the prosecutor's office or judicial instance.
Housing inspection can run the test procedure In case the fact of the offense is really installed.
The same applies to the prosecutor's office of the Russian Federation. The law enforcement agencies Will checks on the fact of the violation, if this fact is detected, it will also be subject to penalty or other sanctions.
Turning the court, the owner must prepare package of documents, as well as evidentiary base. During the consideration of the case, the Court will find out who is right in this situation, and if the partnership has indeed made an offense against a citizen, the Court may oblige the organization to satisfy all the requirements of the tenant.
Before becoming the founder of the housing owners, it is necessary to familiarize themselves with the rules of its functioning. In case you do not foresee what responsibility measures are coming for a particular action, it is likely that in the future such discoveries will be an unpleasant surprise for you.
Can be carried out managing Company or HOA - owner partnership. After entering the construction, it transmits its territorial CC.
The management company concludes contracts with communal service providers, solves issues relating to the current and overhaul. HOA performs similar functions, but with the participation of the owners of the MKD premises. A partnership is a non-profit structure that is formed at the general meeting of residents.
The essence of the creation of TSZH.
The owners partnership is formed to ensure the most effective management of the MCD. The owners of the premises that made the decision to create a HOA receive the opportunity to directly participate in the life of the house. At the same time, they are responsible for the state of the structure. Means collected for repair and maintenance of the Ministry of Measures, are not listed by some third party company, but are distributed depending on the needs and are sent to solving specific problems.
Of course, all apartment owners cannot leave their main activities and engage in public issues. Therefore, at the same time with the creation of HOA, the executive body is formed - the Board. It includes the most active owners, ready to sacrifice their time in the interests of the house.
Features of the creation of TSZH.
For the formation of a partnership is organized by the general meeting of residents. The decision on the formation of HOA is considered adopted if more than 50% of the audience gathered has voted for it. After that, the State Registration of Jurlitsa is carried out in the manner prescribed by law.
The main advantage of the creation of HOA is that the owners independently choose members of the Board, the Chairman.
The whole process can be divided into the following steps:
- Formation of the initiative group. It includes 5-6 people. They are informed of the remaining owners of the meeting, participate in the conduct of explanatory conversations with tenants, exploring ads and so on.
- Creating a collection notification. The wording should be interested in as many owners as possible. The announcement indicates the agenda.
- Organization and meeting. It discusses the possibility and feasibility of creating HOA, its advantages. During the meeting, voting is conducted. It can be open or closed. As a rule, the results are announced immediately.
- Registration of the HOA and the opening of the R / s in a bank.
Basic functions of the partnership
HOA in the face of the Board should:
- Enter into contracts with utility suppliers, repair organizations.
- Hiring citizens to maintain purity in the MKD and at the local area.
- Conduct general meetings to solve topical problems.
- Control the stroke of repair, check the status of generalicity.
- Maintain expense reporting.
The tasks of members of the Board also includes informing owners about the upcoming work, collecting funds for certain needs.
Chairman of Tszh.
His duties and rights are determined by the General Meeting. This person is the head of the management bodies of the MCD.
The duties of the Chairman of the HOA can perform a person who has leadership qualities who can promptly make decisions.
The candidate makes the following basic requirements:
- He must be the owner of an apartment living in the MKD constantly. It makes no sense to impose the responsibilities of the Chairman of the HOA per person, although owning a premises, but renting it. Such a subject does not know the urgent problems of the house, respectively, its activities will be ineffective.
- He must have a higher education.
It is desirable that the person who will be entrusted by the duties of the Chairman of the HOA, had experience in leadership posts. This will help him when communicating with service providers and contractors, when organizing meetings, the distribution of functions between members of the Board.
In accordance with the 149th article of the LCD RF, the duties and rights of the Chairman of the HOA, the term of its powers is determined by the meeting and are fixed in the Charter of the Partnership. The head of the Board is chosen from the number of residents, ready:
- Resolve conflicts.
- Listen to claims and complaints of owners.
- Resist pressure.
- Quickly solve topical problems.
As a rule, the primary purpose is carried out for a year. If, at the end of the period, the work of the Chair will receive a positive assessment, powers are extended for a longer period.
The decision to appoint the Board is fixed in the Meeting Protocol. The selection of the chairman is carried out by members of the management authority. The head can be appointed and a general meeting.
What is the responsibility of the Chairman of the HOA?
Personal persons are determined in accordance with the needs of the MKD. The rights and obligations of the Chairman of the HOA in the LCD of the Russian Federation are presented in general. The Code does not establish a specific list of powers of the head of the Board. They determine the tenants themselves based on the needs of the house.
The rights and obligations of the Chairman of the HOA, its responsibility can be fixed in a special job description or other local document. Such an act is subject to approval by members of the Board. The MKD Charter may also provide other procedure for matching the document.
Official duties of the Chairman of the HOA in usually similar. This is due to the fact that in most MKD the same problems are solved.
Consider briefly which responsibilities of the Chairman of the HOA can be consolidated in the Charter.
First of all, the leader of the Board should know well and understand the norms of the LCD of the Russian Federation. The duties of the Chairman of the HOA assume to communicate with different structures, including state. A legally competent person should defend the common interests.
The duties of the Chairman of the HOA in apartment buildings include monitoring the fulfillment of contractors contractors and servicing enterprises. The head of the Management Board checks the serviceability of the equipment, monitors the timeliness of the repair and other works. In some cases, the responsibility of the Chairman of the HOA may receive recalculation of utility bills.
The responsibility of the Chairman of the HOA in an apartment building includes consideration of complaints from tenants. He is responsible for ensuring the safety of general property, identifies cases
Effective fulfillment of responsibilities Chairman of the HOA in apartment buildings is ensured by almost constant location within the house area. He must clearly plan daily work. On the results of their activities, the Chairman informs owners on scheduled meetings.
Rights of the head of the Board
To fulfill their duties, the Chairman of the HOA is endowed by a number of powers. In particular, he has the right without a power of attorney to speak on behalf of HOA in court and other instances.
The following rights to MKD may also establish the following rights to:
- Conclusion of contracts with servicing companies.
- Ensuring controlling the use of residents of personal and generalic premises for their intended purpose.
- Staying in the apartment of the owner to eliminate the accident, if there is a threat to the property and life of other citizens.
- Selection of service personnel.
- between members of the Board.
- Voluntary removal of powers.
- Remuneration. Payment of the Chairperson is carried out at the expense of the funds collected from the tenants. The amount of remuneration is discussed at the meeting. The set size must be fixed in the MKD Charter.
A responsibility
If the Chairman of the HOA does not fulfill its duties, the sanctions provided for by the Charter and Law can be applied to it. In particular, a citizen may be ahead of schedule.
Responsibility measures are applied depending on the materiality and nature of the violation. For example, if the Chair spent money collected from tenants to own needsThey can be charged with him in court. If at the same time it turns out that the subject committed fraudulent action, It can be punished on the Criminal Code.
The chairman is responsible for:
- Reporting.
- Preservation of documents.
- Transactions concluded with servicing enterprises.
- Compliance with the norms of the LCD.
- Timely receipt of payment from tenants.
The head of the Management Board should provide all the necessary information to the owners of the apartments at their request.
Participation features
The obligations of the HOA includes the annual notice of the residents of the MKD about the expenses of the expenses.
The owners of the apartments make periodic payments to the partnership or transfer money to the governing body. All expenses must be confirmed by payment documents.
Reporting is necessary not only for owners, but also for the tax service.
Of particular importance is the accounting of expenses in cases where funds for repair or other needs are missing. In such situations, the report substantiates the need to increase the amount of contributions. This makes it possible to eliminate the discontent of the owners.
Report structure
The document must contain the following data:
- The composition of the Board, F. I. O. Members and Chairman.
- The events for which funds were going.
- The work performed and the amount of payment for them.
- List of contracts concluded / extended during the year.
- Checks and their results.
The report must be signed by the Chairman and members of the Governing Body. The document is stored at least 5 years.
Report verification is carried out by the Audit Commission. This body is formed at the first meeting of owners. Commission members check the costs, detect unlawful / unfounded spending.
Exceeding the authority of the chair
Unfortunately, in practice, there is no separation when the head of the board uses its status for personal purposes. As a result of the excellence of authority, unreasonable decisions are accepted, infringement of the interests of the owners. How to deal with such actions?
Claims to the work of the chairman can express one owner or a group of residents. It must be said that a big effect will bring a collective complaint. As a rule, applications from group of persons are accepted and are considered faster.
You can complain to the Chair in:
- Housing inspection.
- Board of HOA.
First of all, it is advisable to apply to the management body of the HOA. Members of the Board should take measures aimed at eliminating violations. If the governing body is inactive, you need to send a complaint to the housing. It should be attached copies of claims transmitted by the Board. If after that the problem does not decide, you will have to go to court. The claim is submitted to the instance of general jurisdiction. The application may be collective.
In the charter, the procedure should be fixed in case of non-fulfillment or improper performance Chairman of his duties. In particular, it is necessary to consolidate the rules for termination of the contract, early withdrawal from office, deprivation of remuneration and so on.
The early termination of the authority of the Chair is possible in cases:
- Systematic violation of the provisions of the Charter of HOA, the norms of legislation.
- Property assignments - resignation of contributions made by owners, materials purchased for repair and so on.
- Accepting unreasonable decisions without coordination with the Board and Housings.
The question of the early removal of a person from office is solved at the general meeting by voting. Before the appointment of another person, the temporarily acting chairman of the HOA can be selected. They may become a member of the board or another owner.
The Chairman may and independently add off the authority, if I understand that I will not cope with the assigned duties. At the same time, he has the right to offer another candidate for the post. In case of replacing the head of the Board, appropriate adjustments must be made to the Charter. A contract is concluded with the new chairman.
Hole manager
Not always among the tenants there is a person who is ready to become the acting chairman of the HOA. In such cases, it is advisable to attract a competent person from the part, that is, not a resident of the MKD. With him is also a contract in which all are prescribed essential conditions Activities.
The subject appointed by the manager is endowed with almost the same powers as the Chairman. He also solves issues related to the repair and maintenance of the Ministry of Measons, develops an improvement action plan. housing conditions. The manager selection of organizations and citizens to perform repairs. As part of its powers, the manager may collect debt on contributions and pay for utilities from the owners. Like the Chair, he also constitutes reports and informs about the costs of the Board and owners.
Nuances
It is worth saying that the functions of the Manager and the Chairman, despite the obvious similarity, have a number of differences. The head of the Board elected from among the owners is performed predominantly executive tasks. It provides the organization and holding of meetings, records the decisions taken on them controls the work of the Board.
Managing, in turn, interacts mainly with contractors serving organizations, local administration, as well as with the tenants of the house. The Chairman, and the manager at the same time can work in the MKD. The latter will be in the subordinate position.
Registration of contracts with senior managers
The Chairman and the manager are actually employees in the management bodies of the HOA. For their activities, they receive a certain remuneration. Of course, the relationship between the Board and the chairman is not similar to labor. Nevertheless, an agreement must be concluded with the person who performs the functions of the head.
It is prescribed rights, responsibilities, responsibility of the chairman, the procedure for resolving disputes, the rules of re-election, extension and early termination of the authority, the value of remuneration. Specific duties can be consolidated in the job description. Information about the chairman of the Board should be reflected in the Charter. It should be noted that the HOA - Jurlso, so all changes in the charter should be registered.
Conclusion
Chairman of the HOA - a citizen who is responsible for ensuring the execution of the provisions of the Charter. At the same time, he himself must fulfill his duties in accurately in accordance with the contract and the job description.
Leading the Board of HOA is quite difficult. The subject holds the position of the chairman must have strong nerves, since during its activities he will have to meet with different people and listen to many complaints and complaints. In addition, it is necessary that he disassembled technical issues. After all, it is responsible for ensuring good work. engineering systems. The Chair must be able to identify malfunctions, quickly connect to their elimination of specialists. Redevelopment, installation of equipment in apartments, replacing instruments more powerful and other work should be coordinated not only with neighbors, but also with the Chairman. It is responsible for the safety of generalicity, ensuring the safety of residents.
Most solutions Chairman accepts independently. However, the situation is not excluded when to solve this or that problem may require the consent of all owners. For example, the question of increasing the size of the contribution to the overhaul should be solved by all residents together. The feasibility of increasing the amount must be economically justified. If the owners agreed to increasing the amount of deductions, they should see the real result from their investments. To this end, the Charter of HOA provides for the responsibility of the Chair annually report on the expenditure of money. This means that the head of the Board should know the basics of accounting, be able to work with primary documents, process and reflect information.
The reports of the Chair must be reliable and complete. We should not forget that the tax inspectorate may at any time request them to verify.
Equally important is the level of legal literacy of the Chair. If necessary, he should be able to defend the interests of residents in court and other instances. Conflicts may arise with servicing organizations, contractors, other structures. The manager must be ready for them.
All apartment buildings in accordance with the current legislation of the Russian Federation should be under the management of such organizations as the Criminal Code or HOA. Housing Association - this is created by residents at home on the basis of general solutionwhich was accepted at a meeting of owners of apartments that perform managerial and controlling functions.
After organizing the partnership, it is necessary to choose the Chairman of the HOA, because it is through it that all payments and crediting funds received from residents will be held. He controls the apartment building on the basis of adopted Charter. Actions both the partnership and chapter, strictly regulated art. 149. LCD RF.
Responsibilities Chairman
The responsibility of the Chairman of the HOA under the Housing Code of the Apartment House includes many important tasks. He must:
- to control the timely payment by residents by receipt for utilities and for their recalculation on the changed tariffs;
- responsibilities of the Board - to know the legal acts and legislation of the Russian Federation, be aware of innovations and amendments to the Housing Code;
- monitor the work of financial bodies and official partnership units;
- implement the decision taken at the General Meeting;
- to track the work of the management body of the HOA on the execution of clause and other regulatory documents;
- maintain order in the house, track maintenance;
- manage the Employees of the HOA serving MKD: The HOA manager should schedule, follow the performance of HSE Human Resources, explain the principles of salary accrual to employees and so on;
- track the execution of all concluded service contracts, the supply of resources, repair at home;
- defend the interests of the owners who are part of the organization;
- enter into contracts with contractors providing the condition of the house in due state and maintaining order in it, as well as those who are engaged in repair work;
- prevent the occurrence of conflict situations or stop them if there are those;
- monitor safety;
- work with documents;
- make up and provide reports on request members about the work done.
The obligations of members of the Board, and not just chapters, includes compulsory knowledge or subsequent familiarization with the norms and the last edits to housing CodeSince it is he who regulates their work.
All functions and a list of what is specifically included in the duties are spelled out in special instructions. It must be approved by members of the partnership, liability is also prescribed in it. The activities of the Chairman of the HOA is regulated by the document signed by them, and also controlled LCD RF..
Responsibilities of the head of the HOA before residents are carried out under the Office of the Office, signed by him after entering the position where the working conditions are agreed. It also indicates measures of impact on the Chairman of the Board of the HOA in the event of non-fulfillment of entrusted functions or the use of the situation in personal interests.
ATTENTION! If the actions of the head of the partnership described in the document may be climbing the issue of removal and subsequent replacement. In any case, he must act in the interests of residents of an apartment buildingAt the same time, not pursuing any personal profitable financial equivalent.
By putting forward a candidacy for this post, it should be understood that in the work of the Chairman of the HOA, there are a lot of nuances, and you will have to solve many problems with the tenants themselves and with the state. And because the person does not have the appropriate character and willingness to defend the rights at different levels, as well as basic knowledge of legislation, it is unlikely that it will suit such a position.
Powers
If we talk about the powers of the Chairman of the HOA, they are determined by the main document of the partnership, and they are the charter. He is approved at the general meeting of residents and must be approved by the majority. Chairman of the Board of HOA is valid on the basis of this document and articles 149 LCD.
If comparing official authority The heads of the partnership and any other managing company, the manager of the HOA has significantly more restrictions in comparison with the standard heads of organizations, and members of the partnership can endure or remove some of them.
According to these two documents, the powers of the Board includes:
- priority signature of financial documents;
- independent conclusion of transactions that may be on legal grounds committed without the consent of other members of the Board;
- lead accountability;
- sign mandatory decrees;
- determine the time of meetings of members of the Partnership and Board;
- carry out instructions to the partnership without a power of attorney;
- take on the work of new employees, dismiss, accrue penalties and fines;
- dispose of the residential and non-residential foundation;
- with tenants;
- insurance the property of the partnership.
In addition, his right - to say a decisive word when voting a draw, affecting the final solution. In addition to those listed, there may be a number of additional powers that other members of the Board will end.
Any entrusted to the head of the partnership Powers of the HOA are fixed in the Charter. All the actions of the manager must strictly match regulatory acts RF. IN legal right The Chairman of the HOA also includes the requirement of wages.
Regarding the latitude of authority, the tenants often arise about whether he has the right to enter the apartment during their absence? Such an action can be committed only if a serious emergency has arisen, emergency situationwhich threatens the integrity of the property of the remaining members of the partnership and the house itself. In his competence, enter the apartment without tenants, but with the help of relevant communal servicesTo eliminate all problems.
A responsibility
The legislation of the Russian Federation does not provide for specific impact measures, if the Chairman of the HOA does not fulfill its duties or hurts to the partnership ineffective methods of management. But this does not mean that the manager is not responsible for its own actions or their absence in some cases.
The Charter is clearly written about the rights and obligations of the Chairman of the HOA, it is the main legislative act of the partnership, which should be strictly observed. And therefore, it is necessary to introduce liability items, including legal rules of punishment, indicating the conditions of their application:
- what is the responsibility in committing certain actions to them, which should be clearly prescribed: a penalty for concealing accounting data, non-purpose use Time detained provision of data on the presence and movement of funds in the account of the partnership and so on;
- chairman of the Board of HOA should bear material responsibility for damage to the damage apartment At home, for example, the contractors hired without coordination to perform repair work were made poorly, as a result, it took everything to do it again, which resulted in additional spending;
- the Chair must collect the cost of unfinished with performers;
- establish the procedure for recovering losses by defining the court in which in case The need to be considered a claim, to provide for the procedure for claims in the case and opportunities to resolve the situation in a peaceful way.
If the staff hired by the chairman does not cope with the work, the responsibility for it lies on it.
Election of the chairman
The Board of HOA is chosen at the general meeting of owners - owners of the ICD apartments according to article 145 LCD. Its results should be reflected, which is conducted throughout the event.
It is determined by one of the owners who can be a member of the Board of the HOA, and the candidacy is on the vote. After that, a meeting of chosen reign members is collected, which occurs elections by the Chairman of the HOA. The decision is made by a majority of positive votes, while at the meeting, in addition to members of the Board, there are more than 50% of members of the partnership, then the elections can be considered consistent.
Who can be the head of the board? Any member of the partnership, the owner of the apartment in the house, the management of the economy of which this partnership is engaged. It should be an organized candidate who knows most of the tenants, and which it causes a high level of confidence.
What are the requirements of the candidate
The list of requirements for the Chairman in each partnership is individual, but there is a general list of what the devices and skills it should have. Before becoming the chairman of the established HOA, make sure that the following qualities are:
- stress tolerance;
- the ability to negotiate with people, enter into transactions;
- knowledge of legislation, in particular legal norms in the field of housing and communal services, regulatory documents;
- understanding rights and obligations according to the Codex and the Charter;
- preferably technical or economic education;
- availability of sufficient free time to conduct partnership affairs.
It is also often necessary to pass through the age-related basis, which is negotiated at the meeting. This should be a competent, responsible person, as a large amount of responsibilities fall on it, including financial ones. Among other things, it should be a good managers and a person who knows the technical features of the house and how to cope with them independently or hire a competent person or organization to troubleshoot.
The chosen chairman should be ready for the fact that he is constantly being able to be ready to solve problems at different levels, including the battle with state system O and on other issues. In addition, he will have to attract debtors to pay for utilities, and therefore be able to be neutral, but at the same time demanding.
The following is an agreement with the Chairman of the HOA, which indicates the rights, powers, functions and responsibilities, and what period the chairman of the HOA is selected. According to the contract with the chosen member of the Board, he undertakes to carry out the entrusted commitments by following the Charter of the Organization.
Conclusion of the Treaty
The contract of hiring the manager must be concluded according to the rules and requirements labor Code RF, it can be two varieties:
- standard;
- civil legal (act on the provision of services for a certain time segment),
With any form, the chairman imposes material and regulatory responsibility.
As a rule, the Chairman is elected for a period of no more than two years, after which re-election or shift are undergoing. During this time, he will work on labor Treatyin which disciplinary and material responsibility is determined, which will allow for damage to the actions of the chapter to refund them on legal grounds.
An example of a form of an employment contract with the Chairman of the HOA, it is possible for the preparation that the secretary of the partnership is responsible, it is obliged to know the rules for design. In a bilateral agreement in obligatory The following information should be reflected:
- the period on which the chairman was elected;
- general provisions of the employment contract;
- presence or lack of probation;
- the date on which the entry of a candidate is counted;
- working routine;
- rights, duties and responsibilities of the Parties: Chairman, Members of the Board and Partnership;
- determination of the amount of fee and periodicity;
- social conditions;
- warranty obligations;
- additional provisions;
- details of parties to the agreement.
IMPORTANT! The validity period is determined TK RF.According to article 275. which he can only be urgent, valid no more than two years.
The contract is signed with the loss of the date when it was concluded. Date and Signature - required condition In order for it to be recognized as valid. The document should not remain empty, unfilled graph. Next, it should be recorded in the book of registration of contractors.
After the entry into position, the Chairman is obliged to carefully examine the documents of the partnership, namely information about the number of owners and employers of housing, square apartments, know.
How to change the chair
Remove the head of the partnership can be either on the basis of a decision after the voting adopted at the General Meeting, or according to the Charter at the end of the term of operation specified in the Agreement. After that, to set the candidacy for the released post can anyone responsible for the requirements described above.
If the Chairman of the HOA does not fulfill his direct duties, the tenants of the house are unhappy with the work, members of the Board can remove early.
How to re-election chairman HOA:
- re-election due to the end of the term;
- change on the results of the vote.
The sequence and procedure for the change of the chairman are: at the general meeting of residents, the decision is made that the operating head of the partnership does not fulfill the responsibilities entrusted to him. The owners of the apartments are unhappy, and therefore they offer to move from office earlier than the period for which an employment contract was concluded with him.
The procedure for changing the Chairman of the HOA is such that it was previously shifted to shift in several cases:
- non-fulfillment of duties prescribed in the Charter of the Partnership;
- violation of legislation;
- embezzlement, theft, assigning someone else's property;
- low quality work.
Next voting is carried out, the decision takes by a majority vote. After that, at a meeting of members, the Board decides that the current chapter should leave the post. After that, anyone can nominate the candidacy for the post of a new chairman. The order of termination of the powers of the current chairman must be registered in the Charter.
After re-engaged in releasing the new chapter, it is also necessary to conclude an employment contract. In addition, the procedure for changing an official in a legal organization, which is the HOA, requires the replacement of the order for the appointment with the subsequent registration of a new employee, which should be informed about the tax. The fiscal service will make the necessary edits in Ergul.
If the chairman is not the owner of housing
Sometimes there is no person who is suitable for the role of the chairman among the owners and members of the HOA. Or no one wanted to nominate the candidacy, because there is no necessary education, skills, time, will not be able to cope with the functions of the head of the partnership. And then a reasonable question arises: whether the candidate for the chairmen of the HOA cannot be the owner, although in all respects - the best contender for the position.
According to the Charter, only the owner of the apartment of a multi-storey house, controlled by the partnership, can take this responsible post. But there are two exits from the situation:
- the owner of housing in the HOA, which is a relative of the candidate or spouse, give him a stake in the residential area;
- the partnership concludes a contract with him and signs a number of related documents by hiring as a manager with certain powers.
In the latter case it is very important that the manager can act freely and independently, without pressure and substantial restrictions. Since in fact, he performs the responsibilities of the Chairman, and therefore it has not only responsibilities, but also rights.
Remuneration
A person who occupies this position cannot receive wages, as it is a fixed monthly value. The contract concluded with the Chairman is not the basis for its payment, since it is regulated by the norms Housing law.
Functions and powers, as well as the rights of the Chairman, are established by them, and not an agreement with the owners of apartments. There are no legal justifications for establishing a fixed scale of wages. Therefore, a remuneration to the Chairman of the Council of the HOA of the Apartment House.
The remuneration to the Chairman of the HOA is established according to the employment contract. How much a person gets in this position depends on several factors:
- dimensions of the house;
- the number of serviced residential buildings.
Depending on these two conditions, the general meeting and members of the Board establish and coordinate the SUMA of the wage of the Chairman. The remuneration of the head of the partnership occurs on the means from voluntary contributions of citizens.
First of all, it should be noted, in which methods cannot be paid to the Chairman of the HOA:
- remuneration cannot be included in the amount of payment of housing for the maintenance and repair of generalic property, one cannot enter such an item in the MKD management agreement;
- exemption from regular contributions to maintenance and repair or utilities, such a decision can also be accepted by the owners of apartments at the General Meeting.
Both ways are contrary to the rules for the management of residential property that are listed in LCD RF. And which the activities of both the HOA itself and the Chairman are regulated. Of course, like any other person who performs a certain work, the Chairman must also receive a fee for labor.
In this case, it is carried out by making voluntary contributions by the owners of apartments that are members of the partnership, to finance the work of the Board. From these funds will be paid to the compensation to the chairman, the size of which is determined in advance by the decision of the majority. Money can be listed on a special account in a bank or in the cash desk.
Taxes
After determining the need for remuneration to the chapter of the partnership, a natural question arises: what taxes are the remuneration of the Chairman of the HOA? Money goes from the charitable contributions of citizens, individuals, as a result, the payment of labor is made directly by the HOA itself, which is a person legal.
A person who occupies this post receives a reward in financial equivalent. Taxation according to NK RF. provides that the income of the Chairperson is subject to tax on personal income: NDFL at 13%.
When changing the Chairman of the HOA, registration is needed in tax InspectionSince the partnership is a legal entity. Each time, when replacing the Chairman, the fiscal body must be notified: it is necessary to submit relevant documents confirming the change of chapters of the HOA to make the appropriate editors to the register.