Today, the existing legal Housing Code does not provide for such a working unit as a building manager or a senior building manager.
However, there is such a person. It was approved at the level of the territorial government. In essence, the head of the house is one of the residents of the building. He provides the opinion and interests of all other residents of a given house to various self-government bodies, such as housing cooperatives or management companies. Get acquainted with all the information about the building manager or who is appointed to this position in the same departments, or simply ask some of the neighbors of your apartment building.
You can see the entire list of powers vested in the house elder in the district instructions. Each such instruction is individual and differs depending on the area of location. It is easy to find out all the responsibilities and powers of a senior person by reading these instructions.
However, several points in the instructions will remain unchanged, regardless of the area and locality:
- a general clause that talks about the appointment of a senior person in the house or entrance, who he can be, and also to whom he will subsequently report;
- the clause on rights and obligations does not change;
- the clause on liability and its grounds also remains unchanged.
Who is a house elder and why is he needed?
It’s worth pointing out right away that in housing legislation it will not be possible to find such a concept as “house manager”, since it has been replaced by another term.
So, in paragraph 1 of Art. 161.1 of the Housing Code of the Russian Federation states that if there is no HOA (residential complex or other specialized cooperative) in an apartment building and there are more than 4 apartments, residents must elect a council (or “house committee” - domkom) of the owners of the apartment building. At the same time, a chairman is elected from among the persons included in this association, who is entrusted with the function of managing the current activities of the council. Popularly, this person is called the chief or senior in the house.
Thus, its main function is to ensure control over the management activities of apartment buildings. At the same time, he is also the official spokesman for the interests and opinions of the owners of apartments in a particular building.
Preparing to participate in a yard improvement project
- The main role in the next stage of preparation is played by the house council and the chairman. As a rule, the yard is common to several houses, so representatives from neighboring houses can be involved in organizing the project.
- When drawing up a plan for improvement, it is necessary to collect two-thirds of the votes of the residents of each house in support of the project.
- Before holding a general meeting of residents, the building council prepares a number of documents - a voting protocol, an improvement plan and an application for participation in the program.
Meeting stages:
- In-person meeting
and review of the project with residents of houses participating in the program. At the first stage of the council, apartment owners discuss the project scheme, make adjustments and vote. The voting results are entered into the act. - Door-to-door voting
. Residents who did not attend the in-person meeting participate in door-to-door voting. - Filling out an application for participation in the project.
Upon completion of the preparatory stages of the project, responsible persons submit an application for participation in the program. The application must be accompanied by a copy of the act of the general meeting, ballots for apartment elections and a yard improvement plan.
A public commission formed by the city administration reviews applications and makes decisions. If the application is approved, it will be included in the list of houses subject to improvement, which is published on the administration website.
Rights and responsibilities of a house elder in an apartment building
The law clearly outlines the main responsibilities that are assigned to the “main man of the house.” So, according to clause 8 of Art. 161.1 of the Housing Code of the Russian Federation, he is obliged to perform the following main tasks:
- promptly bring to the attention of the general meeting of apartment owners the results of negotiations with various organizations regarding the management of an apartment building;
- on behalf of all residents, enter into agreements with the management company, as well as other organizations that provide property repair services, as well as providing housing and communal services services to apartment building residents (water supply, electricity supply, gas, etc.);
- exercising control over the fulfillment of the obligations of the management company, as well as other organizations involved in performing certain tasks for maintaining the house;
- expression of the interests of all owners of apartment buildings in the judicial body;
- making decisions on other issues within the scope of his competence.
In turn, the head of the house also has certain powers and rights that arise from his position. This may include the following:
- conducting negotiations with the management company, to which in the future the responsibility for maintaining the common property of the apartment building will be transferred;
- requesting information necessary to monitor the activities of the management company, as well as sending written demands to it to eliminate violations;
- making proposals regarding the management of apartment buildings, the use of financial resources, carrying out repair work, etc.
Are there any benefits?
Everything is individual, and therefore it again depends on the decision of the meeting.
In some cases, benefits for efforts and other merits can be provided by the management company.
Often they represent getting rid of paying for garbage removal services, using an intercom, etc. The holder of this position does not need to count on much. Often, the benefits of a house elder in apartment buildings do not exceed a couple of hundred rubles in equivalent.
How to elect or re-elect
The election of a house elder is made on the basis of a joint decision of all owners of the apartment building. To do this, a general meeting of residents must be convened, at which the future chairman of the house committee is subsequently elected.
So, in accordance with paragraph 3 of Art. 45 of the RF Housing Code, in order for such a meeting to be valid, a quorum must be obtained, that is, the minimum permissible number of votes, on the basis of which a decision can be made regarding a candidacy for the position of senior. According to the current procedure, this is possible when apartment owners with more than 50% of the votes of their total number take part in the voting.
The decision made is documented in the appropriate protocol and brought to the attention of all residents of the apartment building.
It is worth noting that any apartment owner can become a house elder. However, as a rule, active and proactive individuals who are ready to take on additional responsibility are selected for this position.
It is also worth noting that sometimes apartment owners are faced with the need for re-election. This may happen in the following cases:
- if he does not perform his duties properly;
- violates the rights and interests of owners of apartment buildings;
- abuses his position;
- if residents regularly complain that he is rude and behaves provocatively;
- other reasons.
A chairman who fails to perform his main functions can be re-elected based on a decision of the general meeting of apartment owners.
How to find out who is boss in the house
To find out who the building manager is, just ask this question to one of the apartment owners or contact the management company, the Housing Office. In addition, information about such a person is located on notice boards installed on the first floors of each entrance.
Attention! You can also obtain complete information by attending the next general meeting of property owners of the specified multi-apartment residential building. The event is always hosted by the house manager.
How are salaries determined, who appoints and pays?
In accordance with the provisions of housing legislation, the payment of wages to the senior person in the house is not a mandatory condition. Thus, in paragraph 8.1 of Article 161.1 of the Housing Code of the Russian Federation it is written that the owners of apartments in apartment buildings only have the right to decide on the payment of remuneration in favor of the members of the council, as well as its chairman. However, this is not their direct responsibility.
Thus, wages may not be paid at all. However, there should still be some encouragement and motivation. So, instead of money, additional privileges and benefits may be provided.
The specific option for rewarding work must also be chosen by the general meeting of apartment owners.
Does the management company pay the house manager?
As is already clear from the above, the management company has nothing to do with the remuneration of the senior housekeeper. Making a decision on this issue falls entirely within the competence of the owners of premises in the apartment building.
The funds that will be used to remunerate the work of this official are independently collected by all residents of the house. The legal relations arising in this case can be formalized using a civil law contract.
Size
It is impossible to indicate a specific amount that a senior person in the house can receive, since its amount depends entirely on the wishes of the owners of the house.
In accordance with clause 8.1 of Art. 161.1 of the Housing Code of the Russian Federation, the decision of the meeting of owners of apartments in apartment buildings on the payment of remuneration in favor of the chairman must include the procedure and conditions for its provision, as well as a detailed algorithm for determining its size.
The current legislation does not contain any tariff rates on the basis of which the approximate amount of remuneration can be calculated. At the same time, when making such a decision, the degree of workload, the scale of issues that must be resolved, the work schedule, etc. are taken into account.
Privileges
An alternative to paying a monetary reward may be to provide the eldest person in the house with discounts on utility bills. Thus, by decision of the meeting of owners of an apartment building, this person can receive receipts for payment of housing and communal services (for water, gas, electricity, heating, etc.) at a reduced cost.
This format for providing remuneration must also be officially recorded on paper, which includes information about what types of utility payments the discount applies to, how it is calculated and other important points.
Remuneration agreement
At whose expense will the salary be paid? It's up to you, or rather, the congregation of your home, to decide. Some prefer to see a separate column in payments for housing and communal services, while others prefer it when funds are allocated from the general fund and funds of the management company.
There are two main ways to officially pay remuneration:
- under an agreement with the Management Company; in this case, the salary of the house manager in apartment buildings is a fixed amount and is paid at the expense of the management company, however, it is worth considering that such funds are taxed, which is why payments are less than what is specified in the contract;
under an agreement with the owners, in which the management company acts as an intermediary; is considered the most optimal payment scheme, because in this case the funds are subject to less tax;
The management company acts as an intermediary, and the payment of funds comes from the residents of the house; payments are regulated by a contract, which may include various remuneration terms.
Various clauses with conditions can be included in the contract:
- when and under what circumstances the elder receives remuneration;
- when bonuses and benefits are provided;
- conditions under which he is deprived of all this.
This is important to know: Commissioning of an apartment building
This agreement should indicate two points:
- the amount of remuneration approved by the general meeting;
- the frequency with which the management company must make payments.
Where to complain about the elder in the house
Sometimes cases occur when citizens of an apartment building they own remain dissatisfied with the actions of the elected chairman of the council. In this case, the question arises - what to do with the violator and where can you complain about him?
So, if the residents are not satisfied with the house manager because he cannot cope with his duties, then the fastest solution to the problem is to re-elect a new chairman (this has already been written above).
Remember that if the actions of the “main” are criminal in nature (unauthorized spending of common funds, theft of joint property, entering into illegal transactions, etc.), then you should complain to the competent authorities - the police.
The following options are possible:
- writing a statement to the police;
- filing a written complaint to the prosecutor's office;
- initiation of legal proceedings. In this case, it will be necessary to prepare a statement of claim and a package of documents confirming the illegality of the actions of the elder in the house.
An application, complaint, or lawsuit can be of a collective nature (samples of these documents can be downloaded from the Internet or you can entrust their preparation to a competent lawyer). Moreover, the above-mentioned option of filing claims is preferable, since in this case the chances of winning for the residents of the apartment building increase significantly.
State programs to improve yards
Often a situation arises when the issue of landscaping the local area cannot be resolved by residents together with the house council for financial reasons. There is only enough money to paint fences and benches, but broken roads and playgrounds remain that way for many years. In such cases, federal programs for urban improvement can provide support.
In 2021, the federal program “Formation of a comfortable urban environment” was formed.
This program was approved by the Resolution of the Cabinet of Ministers of the Russian Federation dated December 30, 2017 (No1710).
With the aim of improving tens of thousands of courtyards and improving the quality of the urban environment, the project will be implemented until 2024. The program is available to residents of any city where the number of residents exceeds 1000 people.
How to take part in the federal project for landscaping yards?
At the general council, it is decided what exactly needs to be done in the yard, a landscaping scheme is drawn up and an application to the city administration is drawn up. The program for creating a comfortable urban environment includes such types of work as eliminating damage inside courtyard passages, installing benches, trash cans and lanterns.
Which yards have the opportunity to participate in the program?
If the roads in the yard have not been repaired for many years, then such a yard will be landscaped first. Also, the positive decision of the administration will be influenced by the fact how regularly the residents of the house pay for housing and communal services.
Which yards cannot take part in the federal improvement program?
- in the immediate vicinity of the territory there are dilapidated houses that are subject to demolition
- repair work of utilities is planned for the current year
- the improvement application contains types of activities that have already been carried out in this territory from budget funds
- There are new buildings on the territory that have not expired the warranty period from the date of commissioning
Responsibility for failure to fulfill one's duties
It is worth noting that the current legislation does not provide for any types of punishments specifically provided for the improper performance of the functions of a house elder (other than re-election). However, depending on the act committed, he may be held liable for the following reasons:
- Actions of a fraudulent nature (for example, carrying out illegal transactions with the common property of residents) - liability for such an act is provided in accordance with paragraph 1 of Article 159 of the Criminal Code of the Russian Federation (fine, compulsory work, etc.).
- Misappropriation and embezzlement (for example, unauthorized disposal of funds from owners of apartment buildings) - in this case, one of the penalties provided for in paragraph 1 of Article 160 of the Criminal Code of the Russian Federation may be applied to the violator.
- Causing property damage to apartment owners in collusion with the Criminal Code - such an act also provides for criminal liability (Clause 2 of Article 165 of the Criminal Code of the Russian Federation.
- Other reasons.
To summarize, we note that the position of the house elder is similar to the position of the chairman of the council of the MKD (the law uses the latter option). He has certain rights and responsibilities that he must fulfill. At the same time, he can be paid remuneration either in cash or in kind, that is, by providing a discount on housing and communal services.
The house manager is a man's friend
We must not forget that the most important function of a building manager is interaction with residents, informing them about their rights and responsibilities regarding the use of residential and non-residential premises, public areas, as well as close cooperation with the management company.
For example, if one of the residents of the house is dissatisfied with the quality of services, then there is no need to go alone and try to achieve something. You just need to notify the “manager” of the house about the problem and suggest ways to solve it.
What benefits does a building manager have?
Remember! Each region of the country independently establishes the benefits that are provided to such a category of citizens as a house manager.
For example, the Moscow Government, by its Resolution No. 328 of April 13, 1999, completely exempted such persons from payments:
- for garbage removal,
- for the intercom call system,
- for the maintenance of a concierge.
The management company may assign additional payments in the form of a certain percentage of the official salary. However, such a decision must be agreed upon with the owners of the apartments in a multi-apartment residential building or carried out at the expense of the company.
The choice of a building manager should be approached thoughtfully, taking into account the personal qualities of the applicant for this position: does he enjoy authority among the residents of the building, does he have organizational skills, and what kind of education does he have? It is preferable that the candidate be legally literate.
Instructions for organizing payment
The general meeting of apartment owners decides which method of remuneration the building manager should choose. However, it should be borne in mind that the option of independently collecting money to remunerate the house manager is simple in words.
When it comes to monthly fundraising, a thankless and time-consuming task, residents are often left without a building manager. Since he would rather decide to leave this position than to collect money for his salary.
If the management company is interested in the multi-apartment residential building it serves having its own building manager, it may agree to include an additional unit in its staffing table.
Important! In this case, the building manager is formally subordinate to the head of the management company, which in turn may negatively affect the protection of the rights and legitimate interests of the residents of the building on the part of such an official.
In addition, half of the funds that the residents of the house additionally donate for its maintenance will be paid as taxes, which in turn will not satisfy the building manager.
A good solution would be to register the house manager as an individual entrepreneur on a single tax basis. That is, after paying 10 percent of the amount allocated to him, he will be able to receive the rest of the money in his hands.
