This is when everything is perfect, you don’t pay attention to the fact that your building has the cleanest entrances and elevators. When the situation is completely opposite and it is difficult to remember when your house was in good condition , the owners begin to become interested in how the money they pay monthly for utilities is actually spent, and most importantly, who is responsible for its distribution.
In our country today, a popular form of home maintenance is a homeowners’ association.
This structure is headed by the chairman, and it is he who is the main person who decides what funds to spend and, most importantly, on what.
It may or may not be effective.
But as has become the norm in Russia today, there are very few effective heads of organizations, although in recent years the situation has improved.
If the owners are not satisfied with the way their home is managed, and they also do not see exactly how the manager works, then it is clear that they should not tolerate such behavior .
The law allows for a change of chairman, but this is not so difficult to implement.
Are you interested in this information? Then we will tell you in more detail about all the nuances.
Re-election of the chairman of the HOA protocol: sample.
Sample order for the new chairman of the board to take office.
Form p 14001 for registration with the tax office when changing the chairman of the HOA.
On the possibility of re-election
Can the board be re-elected? So, let's get acquainted with the homeowners' association format. Already from the name it becomes obvious that a homeowners’ association is an organization formed by the owners of premises in an apartment building.
should be primarily in improving the territory and the building. But it is not always the case.
The partnership is a non-profit organization, although it is directly related to the residents’ funds and their turnover, because only funds donated by the owners for utilities are used to carry out any work.
The partnership is obliged to carry out activities for the maintenance and management of the territory and common property.
There are three so-called authorities in the partnership. The first of these is the board of the partnership. It consists of active residents of the house who make decisions regarding home improvement.
The second body is the meeting of homeowners, which is responsible for holding meetings and making decisions at it.
The third body is the manager who directly has access to funds, manages them, signs payment documents and makes final decisions on the improvement of a particular action.
The chairman bears a number of important functions, but does not always consider the position to carry them out.
In practice, there are many cases where chairmen stupidly stole money from payers for years, repairs were not carried out, and residents could not remove the head from office because they simply did not know how.
In fact, a leader can be re-elected, that is, removed from office in exchange for another person. The legislator allows such an action and regulates its implementation.
Find out how to check the HOA for theft in our article.
Can the board be re-elected?
The chairman of the HOA should be interested in timely maintenance of the house and surrounding area, keeping them in perfect order and constant improvement. This is understandable, but in practice it does not always work out this way. It happens that an organization’s budget is not spent wisely or it is not at all clear what it is being spent on. Any owner of an apartment in the building should know that an unscrupulous head can be removed and re-elected.
Grounds and reasons for the re-election of the chairman of the HOA:
- constant ignoring of the demands and requests of the residents of the house;
- misappropriation of funds or their obvious embezzlement;
- non-compliance with decisions made by a member at the general meeting;
- extortion against members of the HOA.
Reference. The rules for the work of the partnership are established by the Housing Code of the Russian Federation (Articles 135 - 152), as well as the Civil Code of the Russian Federation (Article 291).
Grounds and reasons
How to re-elect and what should be the grounds? There are many reasons for a leader to be re-elected. All of them often happen in practice and require more detailed consideration.
So, let's familiarize you with a number of popular reasons and perhaps among them you will find one that applies specifically to your situation:
- The first reason is mistrust . Distrust can manifest itself in the fact that you cannot understand where money from the budget is spent, you do not trust that it is spent for its intended purpose, moreover, you have indirect evidence of this.
- The second reason, which smoothly follows from the first, is inefficiency . That is, the work of this official is not satisfactory and leaves more questions than answers.
- The third reason is a violation of the charter . Not all residents are familiar with the regulations, but they are still able to spot gross violations. If such a violation occurs, the manager may be re-elected.
- The meeting of owners is the highest authority in the partnership and all final decisions are made by it. If the chairman did not listen to the meeting , moreover, disobeyed it in some way, then it makes sense to say that the leader should be replaced.
You can download a sample employment contract with the chairman of the HOA, as well as a job description on our website.
Where to begin?
So, in order to carry out the re-election procedure, it is necessary to carefully prepare.
First of all, you need to warn all residents that a general meeting is planned .
Only on it can the re-election procedure be carried out. For this purpose, residents are notified of such an event.
They need to be notified in person, or by means of an announcement posted in a crowded, public place.
Another important preparatory step is preparing the persons who are ready to take the chair.
Legislative regulations
Re-elections would not have been possible if it had not been appropriately regulated in legislation.
Thus, it has been established that a change of head can occur by decision of a majority vote of the meeting of homeowners of an apartment building.
This is provided for in Article 141 of the Housing Code. This means that such an action is feasible.
Also, do not forget about such a local normative act as the charter. It is he who regulates exactly how and for what offenses a manager can lose his place in the partnership .
Therefore, before you officially remove yourself from your position, be sure to familiarize yourself with the law.
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:
- If the harm was caused during the performance of their duties.
- When identifying a shortage of material assets that were recorded in an official document.
- When the damage was caused intentionally. However, this fact needs to be proven, which is not such a simple matter.
- In case of harm caused by alcohol, drugs or other intoxication.
- When damage is caused as a result of an administrative violation.
- When harm was caused while not performing one's duties.
- If the damage was caused as a result of criminal acts.
In case of failure to fulfill duties
How to remove from office if the head of the HOA does not fulfill his duties?
He can be replaced, in most cases, if he does not fulfill his duties, but regularly receives his reward.
As a rule, this is the main reason why residents want to say goodbye to a given person at the post.
How to remove the head of an HOA? What is the procedure?
Step-by-step instruction
How to change the chairman of the HOA?
To begin with, someone introduces an initiative for a change. This can be either one owner or their initiative group, as well as the board .
Next, it is necessary to convene a meeting to present information that may influence the choice of residents and that is true.
Next, the owners vote. If the absolute majority is in favor of leaving, then his change is documented, but if less than half of the people inhabiting the house are in favor of removing the chairman from his position, then the leader remains in his position.
Registration with the tax service
The partnership is a taxpayer represented by its chairman, therefore the tax authority must be informed about the changes that have occurred in order for it to be correctly recorded in the Unified State Register of Legal Entities. To do this, an application for a change of manager is drawn up in form P14001, and a copy of the protocol is attached. The entire package of documents is submitted to the tax authority.
The documents must be completed correctly, otherwise the tax office may refuse to register the chairman of the HOA.
Features of filling out form 14001:
- The application consists of 51 pages, but you only need to fill out those pages that are being changed. Blank pages do not need to be returned;
- when changing the manager, sheets 001, K, R are filled out;
- The application is filled out manually using a pen with black ink in block letters.
There is an approved document that should be followed when submitting information to the tax service.
Read our other articles about HOA management members:
- Election of the chairman of the board and preparation of the necessary documents.
- How is the chairman of the board of a partnership paid?
- Who can become the chairman of the HOA?
- Structure and content of the agreement with the HOA manager.
- Employment contract with the chairman.
- Job descriptions of the manager and chairman of the HOA.
Documenting
Minutes are drawn up upon the meeting. The secretary of the meeting has the right to draw it up. The protocol is presented as a document in printed or handwritten form, which briefly sets out the grounds for terminating relations with the chairman, as well as the outcome of the vote.
All participants leave signatures in the protocol. The protocol has its own clear date of preparation and, within the framework of the homeowners’ association, has legal force , which means it cannot be ignored.
In addition, the protocol can be approved by a notary , thereby having even more pronounced legal force.
Why the UO may be interested in creating a house council
The benefit for the MA from the work of the chairman and the entire house council stems from their basic powers. The Chairman of the MKD Council has the right to:
1. Negotiate with the management company on behalf of the owners on the terms of the management agreement before its conclusion or on proposed changes (clauses 1, 2, part 8, article 161.1 of the Housing Code of the Russian Federation).
It is easier for a management organization to discuss a draft agreement or changes to it with one person than with all the owners. The chairman will discuss the agreement with the management company in advance and will be able to convey its main theses and conditions to the owners at the OSS.
2. Sign a management agreement on behalf of the owners on the basis of the powers of attorney issued to him (clause 3, part 8, article 161.1 of the Housing Code of the Russian Federation).
The management company will be able to save time and resources if the management agreement or an additional agreement to it is signed by one person on the part of the owners. There will be no need to print additional copies and send documents by mail to each owner without a guarantee of receiving them back.
3. Sign acceptance certificates for work and services performed or provided by the organization under a management agreement, as well as monitor the performance of work and provision of services (clause 4, part 8, article 161.1 of the RF Housing Code).
Having established constructive work with the council of the apartment building and its chairman, the management authority can always talk with them about any shortcomings and shortcomings made during the maintenance and repair of the common property of the house.
If the chairman of the council is elected in the house, then his responsibilities include signing acts of acceptance of completed work from the management authority. You can agree with the chairman of the MKD council to send him acceptance certificates by registered mail once a year, and approve these conditions at the general meeting of owners.
4. Appears in courts on issues of managing the house and providing utilities on behalf of the owners on the basis of a power of attorney (clause 5, part 8, article 161.1 of the Housing Code of the Russian Federation).
It is always easier to conduct any disputes with one person than with several, so management organizations will benefit if the chairman represents the interests of numerous owners of premises in the house.
5. Resolve issues regarding routine repairs of common property and other issues with the consent of the general meeting of owners (clause 6, part 8, article 161.1, clause 4.3, part 2, article 44 of the Housing Code of the Russian Federation).
Drawing up a plan for current repairs for the year will become easier if it is approved only by the chairman of the council or the council of the apartment building.
The council of the apartment building, along with monitoring the management's execution of the management agreement and the execution of decisions of the general public association, performs information and analytical functions. The council brings important issues and proposals for managing the house to the owners for discussion, and annually reports on the work done (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).
Selection and legal status of the MKD council
760147
Procedure for transferring cases
How to remove authority yourself? The manager gets acquainted with the protocol and the requirements to resign from his post. He signs the protocol, thereby certifying that he is familiar with it .
The powers of the chairman are considered withdrawn at the moment of familiarization with the minutes, and all other actions are considered illegal within the framework of the chairmanship.
He transfers to his predecessor all the documentation necessary to familiarize himself with the state of affairs, reports on the latest financial expenses and leaves his post.
Removal of powers
When the decision is made and the removal is inevitable, it is necessary to organize the proper transfer of affairs when changing the chairman of the HOA board.
The transfer procedure is represented by the following steps:
- Familiarization of the current manager with the voting results in the protocol. The document must bear a signature indicating familiarization.
- HOA documents are transferred to the successor.
- Based on the submitted documentation, the removed person reports on the activities carried out, expenses and income. The detailed report period is the last year of work.
- When handing over the documentation, the removed manager brings the new appointee up to date.
The removal of powers is necessarily accompanied by the transfer of affairs to a person appointed by the meeting of residents. The period of action of the new chairman does not exceed the period established by the Charter (no more than 2 years).
Dismissal at your own request
Can the HOA board re-elect the head if he resigns of his own free will ?
If he resigns of his own free will, then, of course, he needs a replacement as a leader, so a candidate must be elected from the board for this post.
Read about the procedure for electing the chairman and members of the board of the partnership in our article.
How to hold a meeting of owners to elect a house council
If the management believes that for effective management in the house, the council of the apartment building and its chairman are needed, and the owners and the municipality are in no hurry to choose them, the organization itself can initiate a general meeting in the house on this issue.
The algorithm for conducting the general meeting for selecting the house council and its chairman corresponds to the procedure for holding general meetings set out in Art. 45 Housing Code of the Russian Federation:
1. Initiate the OCC by formulating agenda items and proposing a list of candidates. The initiator must determine the date, place and form of the OSS (Part 5, Article 45 of the RF Housing Code).
The management organization may not initiate the meeting itself, but, for example, offer the preparation of an agenda to an initiative group of owners. The initiative group will draw up a list of candidates and proposals for the revision of the Regulations on the MKD Council. In this case, the role of the Managing Director is to provide the group with an up-to-date register of owners and help with organizing the meeting (Part 2, 3.1, Article 45 of the RF Housing Code).
2. Inform the owners about the OSS no later than 10 days before the date of its conduct.
The message should be delivered personally against signature or sent by registered mail, unless a decision was previously made to notify the owners in another way (Part 4 of Article 45 of the Housing Code of the Russian Federation).
3. Conduct an OCC depending on the form stated in the agenda: in person, in absentia or in the form of absentee voting (Article 44.1 of the RF Housing Code).
It is important that, regardless of the form of holding, a quorum is collected: owners with more than 50% of the total number of votes in the house participate in the voting (Part 3 of Article 45 of the Housing Code of the Russian Federation). The number of votes of the owner is proportional to his share in the right of common ownership of common property in the house (Part 3 of Article 48 of the Housing Code of the Russian Federation).
In addition to the selection of the chairman of the OSB, the secretary and the counting commission, the following questions must be brought up for discussion and voting:
- approval of the number of MKD council members;
- selection of MKD council members in an approved number;
- election of the chairman of the MKD council from among the members of the MKD council;
- approval of the Regulations on the MKD Council;
- approval of the procedure for communicating the results of the general meeting to the owners.
You can also include additional issues on the agenda: the powers of the MKD council and its chairman and the issue of their remuneration (clause 7, part 5, clause 6, part 7, part 8.1, article 161.1 of the RF Housing Code). Or hold a separate general meeting on these issues.
4. Summarize the results by counting the number of votes on each issue put to vote.
The decision to select the MKD council and its chairman is considered positive if at least 50% + 1 vote is cast “for” from all votes of the owners participating in the OSS. The decision to vest the chairman of the MKD council with powers is made by at least 2/3 of the votes of the total number of all votes of the owners in the house (Part 1 of Article 46 of the Housing Code of the Russian Federation).
5. Notify the owners of the decision made no later than 10 days after the OSS. The message must be placed in a place in the house accessible to all owners (Part 3 of Article 46 of the Housing Code of the Russian Federation).
6. Send the original documents to the GZhN body and place their copies in the State Information System for Housing and Communal Services (part 1, 1.1 of article 46 of the Housing Code of the Russian Federation).
Definition and competence of the MKD council, procedure and amount of remuneration payment
272033
