Election, composition, powers, remuneration and reporting of the HOA board. Nuances of work

Who are the governing bodies of the homeowners association?

In accordance with Article 144 of the Housing Code of the Russian Federation, the governing bodies of the HOA are:

• meeting of members of the partnership;
• board of the organization.

The election of the chairman of the board and other candidates to the management apparatus is carried out by members of the meeting by voting.

The composition of the board depends on the general meeting. Members of the partnership may decide on its re-election or abolition.

Normative base

The activities of the HOA chairman are regulated by the regulations of the Russian Federation. Of course, first of all we are talking about the Housing Code of the Russian Federation.

Alas, its provisions do not contain a separate article directly on the personality of the chairman. But, despite this, there are separate fragments taken from norms and other provisions. They record the following: the chairman of the HOA has the right to manage the board and make additions and changes. He can perform other functions that are not available to other members of the partnership. We'll talk about them a little later.

Attention

The activities of the partnership are also regulated by local regulations. It is accepted by the residents of the apartment building themselves. The document also contains the rights and responsibilities of the chairman of the HOA. As a rule, we are talking about a charter, which reflects all the features and nuances.

To draw up the Charter, it can be used as a standard model - with formulations and interpretations that are well known to everyone, as well as a non-standard one - if the general meeting of residents decides to add some of its own provisions to it.

Elections

The management staff is elected at a general meeting of HOA members . The decision is made by a majority vote. Each candidate is considered separately. If more than half of those present voted for a particular person, then he is appointed to the board.

The adopted decision is documented in the minutes of the general meeting. It is signed by all those who voted in favor, as well as those elected members. The Board is elected for a period determined by the HOA Charter. It cannot exceed two years.

Membership on the board is voluntary. You cannot force a person. That is, any candidate can refuse.

Nuances

It is important to note the following: the chairman of the HOA and the manager perform similar functions, but there is still a difference between these categories of persons. The chairman of the HOA is elected from among the apartment owners and is primarily responsible for performing representative tasks. He organizes and conducts meetings, records the decisions made at them, and monitors how the board functions.

But the manager works mostly with such categories of persons as: contractors, service institutions, local administration. It happens that an MKD has both a chairman and a manager. In such a situation, it is the latter who submits to the former. But, most often, all of the above functions are performed by one chairman.

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Compound

The number of members of the board is determined at the general meeting . In most cases it is five people. They elect a chairman from among themselves (how is the chairman’s salary determined?) by voting. The candidate for whom the majority voted is appointed. The body includes homeowners.

A member of the board of the partnership cannot be a person with whom the HOA has entered into an agreement for the management of apartment buildings, or a person holding a position in the management bodies of the organization with which such an agreement was signed, as well as a member of the audit commission (auditor) of the partnership.

A member of the board cannot combine his activities on the board with work in the partnership under an employment contract, or entrust or entrust another person with the performance of his duties. This rule is specified in paragraph 3.1 of Article 147 of the RF Housing Code.

How to check the operation of the HOA?

The main task of the partnerships is to provide for the economic needs of the house and the surrounding area. These are non-profit organizations created to represent the interests of residents. They have a Charter that defines the procedure for conducting activities and the term of office of the chairman. As a rule, the latter is elected for a period of two years.

The duties of the HOA chairman include the following:

• ensure uninterrupted functioning of communications;
• participate in coordinating the budget of a non-profit structure;
• respond to requests and wishes of residents;
• interact with local authorities;
• hire contractors to carry out repair work;
• work with defaulters, etc.

To check the work of the chairman, it is enough to assess the condition of the housing. If the entrance is not cleaned, the plaster on the walls is peeling, the lights don’t work, the elevator needs repairs, but the apartment owners are regularly charged fees, probably the lion’s share of which goes into the pocket of the HOA management.

Another way to check is to study the financial documentation of the authority, which residents are required to provide upon request. An audit commission can be created from among the apartment owners, which will participate in the management of the house, drawing up estimates and tracking cash flow.

Responsibilities

The main responsibilities of the management body of a homeowners' association include those listed in Article 148 of the Housing Code of the Russian Federation. The management apparatus is obliged:

• control the payment of established contributions by members of the partnership;
• draw up reporting and estimate documentation;
• report to the owners on the financial activities of the organization;
• manage MKD;
• enter into contracts for maintenance and repair of home ownership;
• hire and fire workers for the HOA staff;
• enter into agreements with new members joining the partnership;
• maintain accounting and accounting documentation (is an accountant needed in an HOA, what are his responsibilities, how to hire and fire him, read here);
• convene meetings and put current issues on the agenda.

This list is not exhaustive. The HOA charter may provide for other responsibilities of the board.

How to “overthrow” the management of an HOA?

There are two ways to change the chairman of the HOA:

Initiate a general meeting of building residents

If the chairman's work raises questions and confusion among many neighbors, a meeting can be organized to nominate a successor. It is necessary to adhere to the rules set out in the Housing Code of the Russian Federation.

The disadvantage of this method is that it is labor intensive. The initiator will need to carry out explanatory work, notify residents, and prepare an agenda for the meeting. In practice, the use of this method is difficult due to the low activity of citizens.

Contact the supervisory authorities

External supervisory authorities have the power to remove the chairman. You can go to the housing inspection department, put your complaints in writing and initiate an inspection of the manager’s work.

The second option on how to remove the current chairman of the HOA quickly and competently is to contact “your” branch of the Federal Tax Service. This method is applicable if residents suspect that the manager is using “black” schemes: hiring contractors without contracts, taking kickbacks, etc. If an audit of the HOA reveals that fiscal laws were violated, they will decide to remove the manager from his position.

The most radical option is to appeal to the Prosecutor's Office and the court. This method is applicable if the management of the partnership grossly violated the norms of the Housing Code of the Russian Federation, and its unlawful actions led to material damage for the owners. For example, pipes burst, during winter frosts the house was left without heating, etc.

To contact regulatory authorities, you must have evidence that the current chairman of the partnership is aware of the dissatisfaction of the apartment owners with his work. Residents need to provide a written refusal from the HOA management to consider the issue or refer to the testimony of witnesses of a personal meeting with the manager, during which he denied his guilt.

Rights

The rights of board members include:

1. organization of HOA activities;
2. control over the timely provision of housing and communal services and their payment;
3. organization of landscaping works;
4. monitoring the condition of technical premises, equipment and mechanisms;
5. administrative office work, control over the activities of the chief accountant;
6. obtaining information necessary to exercise rights.

The list of rights must be reflected in the HOA Charter.

Report of the Chairman of the Board of the Homeowners Association

When choosing the chairman of the HOA board, the following responsibilities are taken into account:

1. Drawing up the partnership budget for the year.
2. Monitoring every payment.
3. About hiring new employees. This also includes the obligation to reduce staff.
4. On maintaining accountant reports.
5. Holding meetings.
6. On maintaining current lists of partnership participants.
7. On the performance of secondary duties, based on the provisions of the charter.

Members meeting

A board meeting consists of the following stages:

1. Setting a date and location.
2. Discussion of issues.
3. Making decisions.
4. Drawing up the protocol.
5. Notification of responsible executors and homeowners.

Rules for the meeting

The board meeting is called by the chairman. Specific deadlines are stipulated in the Charter (clause 5 of Article 147 of the RF Housing Code). As a rule, the meeting takes place at a certain frequency. This could be a month, a quarter, a half-year or a year.

The Charter may indicate the date, time and place of the meeting. In any case, members must be properly informed. In addition, they must be made aware of the issues that are being discussed.

On the appointed day, all members must attend the meeting. It will be legitimate only if at least half of the total number of members were present.

At the beginning of the meeting, the chairman checks the number of people present and announces the items on the agenda. After this, each issue is discussed separately. All those present have the right to express their opinions and make suggestions.

A protocol of a meeting

The minutes of a board meeting are a documentation of the decisions made. Such a document should be drawn up based on the results of the meeting. Its registration is entrusted to the secretary, who is appointed from among the members.

The text of the protocol must contain the following information:

• Date and place of the meeting.
• Information about the members present - last name, first name, patronymic.
• List of issues submitted for discussion.
• The process of discussion itself. It is necessary to indicate the statements and proposals of each speaker.
• How many voted “for”, “against”, “abstained”.
• Signatures of the chairman and secretary.

The protocol is drawn up on a regular A4 sheet. If necessary, copies or extracts from it can be prepared.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

Making decisions

At a board meeting, decisions are made by a majority vote of the total number of people present, for example, fifty percent plus one vote. That is, the basis for making a decision is the total number of people who voted “for”. The results of the meeting are reflected in the minutes.

Protocol and order on taking office

Minutes of the HOA board meeting on the selection of the chairman.

Sample order for the appointment of the chairman of the HOA board.

Since the chairman is the head of a legal entity, his assumption of office is accompanied by a certain procedure. To complete the paperwork you will need:

1. Sign the protocol that was kept during the voting.
2. Draw up an order for the appointment of the chairman of the partnership.
3. After this, an employment contract is concluded with the chairman.
4. Obtain an extract from the Unified State Register of Legal Entities from the tax authority.

The order to assume the position of the chairman of the HOA can be drawn up either in the form established by law (T-1) or in a free form.

The main thing is that all the necessary requirements of this document are met.

After receiving the authority, it is signed by the chairman.

After this, you must provide the notary with:

• statement on the assumption of office by the chairman;
• protocol of the HOA board on the election of the chairman;
• personal documents of the chairman;
• articles of association.

If everything is drawn up correctly, the notary certifies the application. It must be submitted to the tax authority no later than three days after the election of the head. Otherwise, certain sanctions may be imposed on the HOA.

Report on work for the past year

The board is obliged to report to the owners on the work done. Such information is communicated to homeowners annually at a general meeting. The report includes information about how much money was spent and for what needs.

The board reports on the costs of improvement, repair and replacement of engineering equipment. In addition, the owners must be provided with information about the funds received into the partnership account, for example, from the rental of common property, as well as existing debts and cash balances.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

What kind of position is this?

The manager of the HOA and the chairman of the HOA are different people. Formally, a manager is an individual to whom, for a certain remuneration, part of the administrative functionality related to organizing the work of the HOA itself is delegated. As a rule, the partnership's manager is hired from outside.

Thus, we can conclude that the position of manager is intended to “unload” the management apparatus of the partnership in the person of its chairman.

The main functions of a manager in an HOA include:

• Settlement with homeowners on issues related to the activities of the partnership.
• Coordination of activities related to the maintenance of a residential building, including repairs and maintenance of buildings.
• Selection of contractors for repair activities.
• Debt collection from defaulters.
• Concluding various agreements on behalf of the partnership.
• Maintaining financial statements.
• Preparation of estimates of material costs and income for certain periods.
• Operating human resources, including hiring and firing employees in the HOA.

Of course, a number of functions and official powers of the HOA manager can be expanded according to decisions made by the management of the partnership.

Often, the chairman of the HOA is faced with a fairly large amount of obligations that he cannot cope with or he simply does not have enough time to do so. Then the management of the partnership involves a person who agrees to take the position of manager and share some of the responsibilities with the chairman, taking on his functions relating to internal processes.

There are also cases when among the residents who are the actual owners of the property, they cannot select a suitable candidate for the chairman’s position, and the meeting cannot make a choice. Then a third party is also hired to serve as the HOA manager.

Important! The key difference between the manager of an HOA and the chairman of an HOA is that the position of manager can be filled by a person who is not the owner of housing on the territory of the partnership.

A hired manager does not even have to be a resident of a particular building to occupy this position in the partnership. The Russian Housing Code emphasizes that only the owner of the property can become the chairman of the HOA.

Thus, the difference between the positions of manager and chairman lies not only in the scale of obligations, but also in their legal relationship to the common property, the interests of which are protected by the HOA. If for the chairman direct affiliation with the MKD is obligatory, then for the manager it is not.

Reward

Payment for the activities of the board is established by a decision of the general meeting of the HOA. This rule is specified in paragraph 11 of part 2 of article 145 of the RF Housing Code. Payment of remuneration is made on the basis of a concluded agreement, in compliance with the rules of the HOA Charter. The amount is determined at the general meeting.

The HOA will have to pay personal income tax on the remuneration. For example, the monthly remuneration is set at 5,000 rubles. The total amount will be calculated as follows: 5,000 – 13% (personal income tax) = 4,350 (remuneration amount).

Models of interaction with the partnership

There are two models of interaction between the manager and the partnership:

1. Maintenance of apartment buildings is carried out by employees from the HOA staff. Under this model, all administrative responsibilities, in other words, managing the house, are assumed by the manager himself, and he assigns repairs and issues related to the maintenance of common residential property to staff consisting of hired specialists.

   The main advantage of this option is the independence of the partnership from external organizations. This model proves its feasibility in large buildings with a large number of apartments, as well as when combining several apartment buildings at once, for example, in residential areas.

2. Maintenance of apartment buildings is carried out by third-party hired organizations. In this case, the manager assumes administrative obligations, and maintenance, along with repairs, is carried out by third-party organizations under contract agreements that the partnership enters into with them.

   This model is attractive because the HOA does not need to maintain the material and technical base and maintenance personnel. In addition, the partnership has the opportunity to select a contractor that meets its internal requirements and is able to carry out work at the required level of quality.

Lineup change

The grounds for changing the composition of the board may be:

1. the own desire of its members;
2. health condition that prevents the performance of duties;
3. evasion of duties;
4. ignoring appeals from homeowners;
5. spending general funds for other purposes;
6. extortion;
7. violation of the requirements of current legislation;
8. appropriation of common property;
9. receiving a bribe;
10. illegal actions with funds.

These facts must be documented. After this, a general meeting must be held. The initiators must notify all owners ten days before the planned date of the meeting.

You can send a notice to everyone, or post the relevant information in a publicly accessible place. At the meeting, all evidence presented is discussed and a decision is made. It is documented in a protocol. At least half of all HOA members must be present at the meeting.

The decision is made by a majority vote . The minutes must indicate the date from which the current composition of the board resigns.

Not only the owners, but also the housing inspectorate or the tax authority can initiate the procedure.

Step-by-step instruction

The election procedure involves notifying all members of the HOA about the upcoming meeting. Depending on the activity of the owners, there are two options for voting for specific candidates:

• in-person quorum voting;
• absentee voting, in the absence of the required quorum.

The procedure for carrying out in-person and absentee voting is provided for in Article 48 of the RF Housing Code and involves the following steps:

1. Creation of an initiative group from members of the partnership.
2. Determining the range of necessary issues to be submitted to the electoral meeting.
3. Notifying members of the organization established by residents about the time and place of the meeting.
4. Carrying out the procedure for holding a meeting if the required number of votes is available.
5. Drawing up the minutes of the general meeting provided for by legislative acts with the adopted decisions included in the document on all issues under consideration.

The absence of a quorum provides for the possibility of absentee voting, where the results of the expression of will can be collected thanks to a survey, which indicates:

• passport details of a member of the partnership;
• details and name of the document confirming ownership;
• written response to the voting results.

Important. Questioning of citizens during absentee voting can be carried out by placing ballots in mailboxes, which, after filling out, are placed in the secretary's mailbox.

Homeowners association without a governing body

Article 144 of the Housing Code of the Russian Federation states that the governing bodies of the HOA include the general meeting and the board. Members of the partnership have the right to choose any of the above options. Elections of the board are not mandatory. That is, the law allows self-government of HOAs. In this case, homeowners will have to choose a management company that will deal with all issues related to the maintenance of common property.

Self management

Self-government is a form of governance in which classical government is not elected. In this case, the owner of each residential premises will have to independently enter into agreements to pay for housing and communal services. This will allow you to pay funds directly, without intermediaries. The absence of the latter will allow you to avoid deliberately inflating prices.

Each owner pays only his own expenses and is not responsible for the debt of residents of other premises. The disadvantages of self-government include:

• Obtaining the consent of all residents when resolving general issues. For example, if residents decide to install intercoms, and several people refuse to participate in fundraising, then they will have to use the amount that the rest donated.
• Selecting a responsible executor. It will be necessary to find a person who agrees to maintain the necessary documents. The amount of work is quite large and with self-government it is not paid. Therefore, it will be difficult to find someone willing.
• Lack of funding. With self-government, residents will not be able to count on municipal support and will have to pay for all repairs and improvement work themselves.

You will find complete information about the structure of the HOA, as well as who the manager is and what the emergency dispatch service is and the new requirements for it, on our website.

The HOA board is the governing body of the partnership. Its presence is more beneficial for homeowners than its absence. The board decides a lot of important issues for the HOA. If its members fail to fulfill their responsibilities, then by decision of the general meeting the composition of the body can be changed at any time.

Chairman status

The rights and obligations of a manager constitute his legal status.

Responsibilities include:

1. analysis of decisions made by board members. It is necessary to take into account the interests of all participants in the relationship in question;
2. performing duties on behalf of the HOA;
3. formation of decrees for each member of the partnership;
4. affixing signatures on acts and adopted documents;
5. issuance of wages to persons servicing apartment buildings.

The chairman's salary is fixed. The main points are stated in the Charter of the organization in question.

Important! The chairman of the house can become the head of the partnership. Regardless of who holds the position of head of the HOA, he has the right to cancel decisions made by board members, hold meetings, lay off employees, and receive remuneration.

Responsibility of the head of the HOA

When a citizen in a leadership role fails to properly fulfill his responsibilities, he is held accountable.

Punishments are prescribed in the Charter. This includes dismissal from office, after which new elections are held.

The measures used are affected by the nature of the violation committed . When a manager has wasted funds received from residents, an application may be filed against him in court. Otherwise, it will not be possible to collect funds.

Liability is established if:

• a report on the activities carried out was not provided;
• documentation is not stored in proper form;
• the instructions of the Housing Code of the Russian Federation have not been fulfilled.

An employment contract is drawn up with the head of the partnership. It reflects what duties a citizen must perform

Bringing the chairman of the owners' organization to justice: judicial practice

Judicial practice indicates that sometimes the chairman is brought to criminal liability . This applies to situations where fraud is involved.

For example, on May 27, 2019, the Moscow City Court issued a verdict in case 1-313/19, according to which citizen Romanovskaya O.S. found guilty under Part 3 of Art. 160 of the Criminal Code of the Russian Federation. During her tenure as chairman of the HOA, she stole the property of this organization in the amount of 105,000 rubles. Romanovskaya was sentenced to imprisonment for 1 year and 10 months.

Who cannot be chairman

When choosing a candidate for the leadership of the owners' organization, the general meeting of participants must take into account the restrictions established by law.

Based on the results of the meeting, the following cannot be elected as the head of the HOA:

1. not the owner of the residential premises in the house;
2. member of the management company;
3. a person serving on the audit commission.

The Housing Code of the Russian Federation, when considering the question of whether a given citizen has the right to give instructions or transfer powers, reflects the prohibition.

Activity report

Whether a manager may not report on his activities is stipulated in Article 151 of the RF Housing Code.

The Code provides for the need to generate a report. The document reflects basic information regarding the work of the HOA.

Including:

• reporting period;
• directions for using the organization's funds;
• the amount spent on the needs of the MKD.

A report is provided to the board of the partnership.

Duration of powers

Provisions of Art. 149 of the Housing Code of the Russian Federation indicates that the term of execution of the powers of the head of the partnership is limited. This period is described in the Charter. The maximum length of tenure is 2 years.

What does the chairman do after this period has expired? He waits for the meeting to be held. Based on its results, a citizen can be re-elected.