Termination of an employment contract with the chairman of the board of the HOA is formalized by order or regulation

Useful video

From the video you will learn how the dismissal of the chairman of a partnership occurs in practice:

It is best when the change of manager is voluntary, this reduces the risk of abuse when an official takes advantage of the fact that data about him is not included in the Unified State Register of Legal Entities.

It is necessary to formalize the resignation of the previous leader in accordance with all the rules, then the inspecting authorities will not have questions about the legality of his re-election.

When replacing the chairman of the HOA, the new elected person receives the rights to carry out work after entering the relevant data into the minutes of the meeting of the board of the partnership (or the general meeting of owners). Such a document is a legitimate basis that proves the competence of taking office.

Who can initiate re-elections

A proposal to change the chairman of the HOA can be submitted by any of the owners of the premises managed by the partnership. But the owners - tenants and residents of non-privatized apartments - do not count.

In addition, tax authorities, the prosecutor's office or the housing inspectorate can propose the dismissal of the head of the house and the appointment of a new employee to his position. This is possible if serious violations are discovered in the work of the chairman, or if he regularly neglects to provide the necessary reports to the specified authorities.

Remove powers from the chairman of the homeowners association

• How to relieve yourself of the powers of the chairman of the HOA if there is no candidate for this position?

How to relieve yourself of the powers of the chairman of the HOA.

• How to relieve yourself of the powers of the chairman of the HOA. There is no successor and is not expected.
• How to properly remove the powers of the chairman of the HOA unilaterally.
• Powers of the HOA chairman
• Employment contract with the chairman of the homeowners association
• Employment contract of the homeowners association with the chairman of the homeowners association
• Employment contract with the Chairman of the Board of the Homeowners Association
• Removal of powers of the chairman of the HOA

1.1. The dismissal of the chairman of the HOA is declaratory in nature on the basis of the resignation letter submitted by the chairman, and not on the OS of the HOA.

2.1. To enter the civil service, you cannot conduct parallel activities, these are the rules.

- see art. 15 and 16 Federal Law “On the State Civil Service of the Russian Federation”

3.1. To do this, you need to submit an application to the Federal Tax Service to remove your powers as chairman of the HOA.

4.1. Call a general meeting with an appropriate agenda. It’s still written in your charter.

5.1. You need to confront the board of the HOA with a fact, send them registered letters, each, a similar letter to the tax office, where you indicate that you are resigning your authority, that the act of acceptance of the transfer of documentation is ready, that the refusal to elect a new chairman is unauthorized, refer to the charter, where there should probably be such a clause, refer to the Constitution of the Russian Federation Article 37

6.1. In general, you should send an application to remove the powers of the chairman of the HOA to the board of the HOA, which must convene a general meeting and, based on the decision of the general meeting, Article 44-46 of the Housing Code of the Russian Federation, your powers will be removed. The general meeting must elect a new chairman of the HOA, who must submit information to the tax authorities. Based on this information, the tax office will include data in the Unified State Register of Legal Entities about the new chairman of the HOA and, accordingly, the data that you are the chairman of the HOA will be cancelled.

7.1. Very simple. You make a decision on the voluntary liquidation of the HOA and submit it to the arbitration court.

Do I need to work it out?

As we are accustomed to seeing in practice, dismissal is usually accompanied by a two-week period of work. This is done so that the employer, represented by the board, can find another trusted person to replace the manager , who will perform his functions without prejudice to the HOA.

If such a point is spelled out in the charter and in the employment contract, this means that upon dismissal, the manager spends another couple of weeks in his position, thereby preparing a place for his successor.

During this time, he will have to prepare accounting documentation, finish the work started, and also, if possible, bring the next candidate up to date .

You can find a sample estimate of income and expenses of the HOA.

How to relieve yourself of the powers of the chairman of the HOA if there is no candidate for this position?

8.1. To change the chairman of the board, as I understand this position corresponds to the status of the head of the permanent executive body of a Legal entity, you will need the following documents:

1. Minutes of the extraordinary/regular general meeting of HOA members. Using this protocol, the apartment owners will decide on a new candidate for the head of the HOA, and will also terminate your powers as chairman.

I would like to note that this decision will be valid only if the HOA members attend in order to change the manager. The minutes are drawn up in writing, signed by the chairman, secretary of the meeting, if your document flow provides for a different procedure for drawing up the minutes of the general meeting, then draw up the document in accordance with the specified requirements.

2. Prepare an application in form P 14001, in which you will change the information about the person who has the right to act on behalf of the legal entity without a power of attorney, where your powers are terminated, and information about the new chairman is entered into the Unified State Register of Legal Entities.

3. Have the application form certified by a notary and submit it to the registration authority of the Federal Tax Service of your region. After 5 working days, changes will be registered.

It is important who submits the application to the tax authority, and this depends on the period from which the powers of the old chairman cease and the powers of the new one begin.

It is worth noting that from the moment you draw up the minutes of the general meeting, you have 3 days to submit an application to the Federal Tax Service, or you will be held administratively liable.

Do not forget about issuing orders to resign/assign powers.

To begin the procedure, send an application to the HOA yourself (and accept it yourself) about resigning due to health conditions.

9.1. It is not very clear why the board took this position? They simply must elect a new chairman and he must solve all the problems.

9.2. They are obliged to remove you from the position of chairman and re-elect a new one. Otherwise, you will be able to go to court to protect your violated rights. Best wishes.

10.1. Read your HOA Charter, there you yourself prescribed the procedure for changing the chairman of the HOA. a change of chairman can occur by decision of a majority vote of the meeting of apartment building owners. This is provided for in Article 141 of the Housing Code.

Removal of powers from oneself as the chairman of the HOA

Removal of powers ahead of schedule from the chairman of the homeowners association. I want to remove my powers from the chairman of the homeowners association! According to the charter, the board or meeting can decide the same issues as the board! The in-person general meeting did not take place. I wrote a statement and gave one of the board members an application in free form (let them choose, one of the residents wants to become a member) and drew up an act of acceptance of the transfer in free form and listed the documents there (and the accountant some sample from Internet link given https://sntsprodnik.ucoz.ru/publ/porjadok_prijoma_peredachi_del_pri_smene_predsedatelja/porjadok_prijoma_peredachi_del_pri_smene_predsedatelja_i_bukhgaltera_akt_priema_peredachi_del/porjadok_prijoma_peredachi_del_pri_smene_preds edatelja_i_bukhgaltera_akt_priema_peredachi_del/29-1-0-35, and that I filled out incorrectly and redo it!)! 1 question, are there mandatory requirements for filling out or not? application forms and acts? and 2. what should I do without holding a meeting! Initially, a year ago, I didn’t draw up or sign anything and there was no acceptance certificate! I haven’t drawn up any employment or contracts. Thank you...

Description of the minutes of the meeting

The protocol is the official document that serves as the basis for registering a new chairman and must be drawn up on separate A4 sheets according to certain rules.

The top of the first sheet should indicate the name of the HOA and the date of the meeting. The following is a list of items on the agenda.

IMPORTANT! The list of issues included in the agenda cannot be changed after public notification of the upcoming meeting of residents-members of the housing association (clause 2 of Article 146 of the Housing Code of the Russian Federation).

Opposite each question there should be three columns: for, against and abstained. In each column, the secretary of the meeting records the number of votes cast on this issue.

At the end of the minutes there must be a signature of the secretary and the chairman of the meeting; if the chairman being removed is absent, then the signature is affixed by his deputy or one of the members of the board.

Methods for dismissing the chairman of an HOA

The chairman of the HOA (homeowners' association) is a person chosen by the residents of the house who has the right to dispose of real estate. His responsibilities include not only maintaining the proper appearance of the building, but also taking care of the normal functioning of all its systems. Sometimes he may not cope with his responsibilities and the only solution in this situation will be the dismissal of the chairman of the HOA at his own request.

Grounds for dismissal

The chairman of the homeowners association is elected for a certain period of time, which is confirmed by an official document. At the same time, he must perform his duties efficiently and bear responsibility for certain problems. In case of dishonest performance of his work, he is obliged to leave his position. However, this does not always happen, and the chosen person is often unwilling to leave of his own accord. In this case, residents of an apartment building need to know all the grounds for removing the chairman of the HOA from office. This can only happen in the following cases:

1. Does not cope with the responsibilities assigned to him.
2. He is negligent in his work and ignores complaints, as well as the wishes of apartment owners.
3. Cannot cope with debt problems.
4. Convicted of misuse of funds and excessive waste.
5. Violates the legislation of the Russian Federation.
6. Uses his official position to solve his own problems.
7. Loses the trust of homeowners.

The procedure for changing the head of the HOA

The work of the HOA, and all the processes occurring in it, are regulated by the Housing Code of the Russian Federation. This document, and specifically its Article 147, Part 3, states that the re-election of the chairman of the partnership can be carried out by members of its board. But there is also a clause in this article - “unless otherwise provided by the HOA charter.”

Thus, homeowners who decide to change the head of the house first need to study the charter of the partnership. This document must be provided at the HOA office upon request. If the charter states that only the board of the organization can carry out re-election, you can submit a written proposal for re-election to its members.

But most often, the charter leaves the main decisions on the work of the partnership to the discretion of the owners of apartment buildings (both residential and non-residential). In this case, issues of removing the current head of the house and appointing a new one must be resolved at a general meeting of owners by voting.

Procedure options

The legislation of the Russian Federation provides for two options for dismissing the chairman. They are radically different from each other, but each of them must be carried out in the manner prescribed by law.

Very often you can find cases when the chairman performs his duties poorly, and the residents of the house at a general meeting decide to remove him from his position. In this case, it is necessary to be guided by the Labor Code, since an employment contract was concluded between both parties.

Another way to remove the chairman of the HOA from office is his personal desire. Even in this case, you need to adhere to strict rules and complete all documents correctly.

At your own request

In life, there are a variety of situations due to which a person decides to leave his position and writes a letter of resignation of his own free will. However, in order to formalize the resignation before the deadline for re-election on legal grounds, it is necessary to attach it to one of the possible cases. Among them it is worth highlighting the following:

1. Retirement due to age.
2. Inability to continue working due to health reasons.
3. Moving to a new job.
4. Change of country, city or place of residence.

In the first two cases, it is enough to attach to the application for resignation at your own request a certificate confirming your retirement or deterioration in your health.

Bringing to financial liability

The former chairman of the HOA may be held liable for the damage caused. According to the legislation of the Russian Federation, he can be fined in an amount that does not exceed his average monthly earnings. However, evidence of harm must be provided.

Sometimes there are situations in which the former manager bears financial responsibility for the damage caused and pays it in full. This can happen in the following situations:

1. If the harm was caused during the performance of their duties.
2. When identifying a shortage of material assets that were recorded in an official document.
3. When the damage was caused intentionally. However, this fact needs to be proven, which is not such a simple matter.
4. In case of harm caused by alcohol, drugs or other intoxication.
5. When damage is caused as a result of an administrative violation.
6. When harm was caused while not performing one's duties.
7. If the damage was caused as a result of criminal acts.

Selection of a new chairman

After an unscrupulous chairman has been fired, it is necessary to urgently choose a new one. This is necessary to ensure that all important issues are transferred to him for resolution as quickly as possible. The election of a new candidate is carried out as follows:

1. The candidacy of a successor is being prepared.
2. Explanatory work is carried out with all residents, the purpose of which is to convey the ideas and goals of the future leader. In addition, evidence is provided of dishonest performance of duties by the former management.
3. The exact date and time of the meeting is set.
4. Residents of all apartments are notified about the upcoming event. As a rule, representatives of the initiative group deal with this issue.
5. A general meeting of residents is held, at which a new chairman is nominated.
6. Voting is taking place for the new head of the HOA.
7. The results of the expression of will of the residents are recorded and registered with the tax service.
8. All matters are transferred to the new chairman.

The nuances of removal from office

When dismissing a chairman, some controversial issues may arise. To solve them, you need to know the important features of the procedure and take into account even the smallest nuances. Among them you need to pay attention to the following:

1. If a complaint is filed against the chairman of the homeowners' association with the housing control authorities or the prosecutor's office, it is imperative to provide a document confirming the management's awareness of the existing problems. The evidence may be a written refusal of the tenant’s complaint or documented testimony of witnesses about the information being carried out. Otherwise, the chairman may deny the existence of current problems and requests from residents.
2. In situations where there is no reason to dismiss the chairman without a general vote, you need to be prepared for the management to campaign in their favor. In order to prevent him from misleading people, representatives of the initiative group need to properly conduct explanatory events and enlist the support of the majority of apartment owners.
3. It is important to remember that all actions taken by the manager after the official registration of the re-election document are illegal. It does not matter whether the changes have been formalized by the tax service or not yet.
4. It is best for members of the initiative group to seal the leadership premises until the new chairman takes over. This is necessary so that the dismissed manager cannot seize and destroy documents that prove his guilt. Otherwise, he may avoid responsibility.

The dismissal of the chairman of a partnership is a rather complex event, which requires residents to strictly comply with the legislation of the Russian Federation.

If all stages are carried out correctly, it is possible to re-elect the leadership as quickly as possible and install the person who will truly fulfill the obligations assigned to him.

Is it possible to change if a person does not fulfill his duties?

According to current legislation, the manager can be removed and another person can be chosen in his place. The initiators of change can be residents of the house (one or a group), the board, the housing or tax office.

To re-elect a boss, there must be irrefutable evidence of his misconduct. Such evidence will appear after a commission inspection of the condition of the houses included in the partnership.

Facts of dishonest performance of the duties of the chairman include entrances and elevators requiring repairs, and lack of lighting in the entrance. At the same time, receipts are attached as an illustration of the fact that money was received regularly into the partnership’s budget. It is possible to conduct an audit of the organization. The chairman of the HOA has no right to oppose its implementation.