How No. 277-FZ on the powers of the Chairman of the Council of MKD will affect the MA

Find out about the consequences of the entry into force of No. 277-FZ from the video magazine

In the new issue of the online magazine “Housing and Communal Services: Dreams Come True,” the head of the Expert Council of the P1 Association, Elena Shereshovets, spoke about the negative consequences for management companies of the adoption of Federal Law No. 277-FZ of July 31, 2020, which gave the chairmen of the Councils of MKD the right, with the consent of the OSS, to sign management agreement and acceptance certificates for completed work:

➡️ Watch the video on the P1 Association channel on YouTube

In Part 8 of Art. 161.1 of the RF Housing Code as amended by No. 277-FZ now states that the Chairman of the Council of MKD acts on the basis of:

• powers of attorney issued to him by the owners;
• the decision of the general meeting, which vested him with powers.

In the first case, the chairman represents the interests of only those owners who issued powers of attorney to him, in the second - all owners of premises in the apartment building.

Elena Shereshovets, examining the innovation, noted that in order to vest the chairman of the MKD Council with the authority to sign a management agreement or acts of work performed, there was no need to rewrite the RF Housing Code: such norms are already contained in the RF Civil Code and confirmed by judicial practice. Find out more by watching the online magazine issue.

The expert told how to draw up acts on temporary residents
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Definition of the concept

The MKD Council represents the legitimate interests of apartment owners during disputes that arise with the management company or resource supplying organization. These representatives can only be elected at a special meeting.

Important: according to the Housing Code, the creation of this body is permitted in cases where an appropriate agreement has been concluded with the management company. Organizing a council is impossible if the house is managed by an HOA.

The current legislation differentiates the powers of this body and the OSS. The latter is considered the only entity capable of making decisions affecting the interests of each owner of residential premises in the house:

• procedure and terms of payment for housing and communal services or repairs (including major ones);
• choice of management company;
• procedure for using the local area and others.

Attention: members of the advisory body are elected for a period of 2 years. If this procedure is not carried out within three months after the building is put into operation, local authorities independently convene the OSS in order to select members of the future board.

At the same time, the functions of the MKD council, as well as the chairman, are determined by the OSS. When choosing the composition of this body, the votes of apartment owners are taken into account, the number of which is calculated in proportion to the living space owned.

Re-election of the body's members is also carried out within the framework of the OSS. Council members are selected from among the people living in the apartment building.

Requirements for an applicant for the position of head of the board

Candidates for the position of head of the board must meet a number of legal requirements:

1. In order to occupy a leadership position, according to the general norms of the Civil Code of the Russian Federation, a candidate must be a legally competent citizen; accordingly, his age must be at least 18 years old (Article 21 of the Civil Code of the Russian Federation).
2. A person recognized as incompetent or with limited legal capacity cannot occupy the post of head (Article 29, Article 30 of the Civil Code of the Russian Federation). Such persons can only take part in small household transactions.
3. The chairman can be appointed only among persons who are members of the HOA (read about how the chairman of the HOA is appointed here).

The following cannot apply for the position of manager:

• persons acting as one of the parties to the agreement on the management of the house with the partnership;
• employees of organizations with which the partnership has existing contracts;
• member of the audit commission;
• an HOA employee performing his duties in the organization under an employment contract.

In addition, the candidate must have a number of individual qualities that are necessary to fulfill the duties of the chairman:

• Economic or technical education is desirable;
• no criminal record;
• availability of free time for a detailed study of MCD problems;
• responsibility.

The candidate must have knowledge of the regulatory and legislative documentation of HOAs.

Rights

The head of the board is an employee, therefore, he, like other employees who have entered into labor relations with legal entities, is subject to labor legislation. He has the same labor rights as other employees:

• voluntary withdrawal of powers;
• vacation;
• wages and sick leave.

Labor relations between the chairman and the HOA arise upon the signing of an employment contract, and in its absence, on the basis of the actual admission of the chairman to work with the knowledge or on behalf of the employer or his authorized representative (Article 16 of the Labor Code of the Russian Federation).

Vacation

In accordance with labor legislation, the chairman has the right to take leave while maintaining average earnings and job. The total duration of vacation is 28 calendar days (Article 114, Article 116 of the Labor Code of the Russian Federation). The procedure and sequence of vacations among HOA officials is established at the general meeting.

Responsibilities in an apartment building

The head of the partnership is assigned a wide range of responsibilities. The Chairman must:

• know all the legislative requirements relating to the management of apartment buildings and timely study changes made to regulatory legal acts;
• monitor timely payment of bills by residents;
• keep accounting under control;
• regulate the execution of decisions made at meetings;
• manage the partnership's personnel;
• be responsible for the implementation of contracts concluded between the HOA and other organizations;
• monitor the implementation of the functions assigned to residents regarding the repair and maintenance of common premises;
• monitor compliance with the rights of apartment owners;
• maintain partnership documentation.

Progress report

The charter of the partnership specifies a clear procedure for the place and time of reporting to the residents of the house. All actions of the organization must be transparent, so residents have the right to familiarize themselves with the work carried out and the expenditure of financial resources.

The partnership's reporting includes a report from the head of the HOA on the work done for the year. It includes information about the work of the head of the board in accordance with his responsibilities. The report contains the following information:

• budget planning and adoption;
• number of hired and dismissed employees;
• decisions made regarding repair work;
• scheduled and unscheduled meetings held;
• other work organized by the chairman over the past year.

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

8 (800) 302-76-94

In addition to the chairman’s report, residents can familiarize themselves with the board’s report and the report on the financial activities of the partnership.

What do representatives of the MKD council have the right to do?

The main task of this body is to protect the rights and legitimate interests of owners. The council of apartment buildings can act on behalf of apartment owners in disputes with the management company or resource supply organization regarding the provision of poor-quality services or failure to fulfill their obligations. In particular, members of this body have the right to properly record such violations and provide relevant evidence to the Criminal Code with a requirement to eliminate the identified problems.

The council participates in signing reports on completed repairs (including major repairs) or recording damage to the owners’ property (flooding, intentional damage). Both documents are drawn up by representatives of the management company. If the latter refuse to fill out such acts, members of the advisory body have the right to carry out this procedure. In addition, the council may initiate an extraordinary meeting of owners.

The house council acts as the customer for the work performed by the management authority

We have discussed more than once on our portal the question of why the MA in the house is the Council of MKD. If the goal of the management organization is to conscientiously fulfill all the terms of the management agreement, then the House Council will be an assistant to the management organization in mutually beneficial cooperation. Up-to-date information about problems in the house, residents' dissatisfaction, and their needs will be sent to the company, and not to the State Housing Property Inspectorate or the prosecutor's office.

An example of effective collaboration between the management authority and the House Council can be an apartment building from Obninsk. In the management company "CHIP", which manages it, Fr. The company notes that a lot of initiatives and proposals come from the House Council, and the company is already deciding how to do this so that there is enough money for ongoing repairs.

At one of the first meetings with the Board of Directors, a work plan was drawn up and signed, and the company began to implement it: repaired the entrances, organized parking, restored the façade of the apartment building, stairs, garbage areas, and replaced mailboxes.

New mailboxes in MKD

Anti-vandal grilles and lamps with light and noise sensors were installed. The management company installed an access control system for basements and attics, and a video monitoring system.

Authority

The head of the residents' association has the following powers:

• has the right to sign financial documents;
• can maintain accounting records for the organization;
• has the right to independently enter into transactions in the interests of the partnership, which do not require the approval of a decision by other members of the organization;
• issues orders that are subject to mandatory implementation by other officials;
• acts as the initiator of general meetings of residents and board members, establishes the time and purpose of their holding;
• can act on behalf of the community without a power of attorney;
• carries out personnel changes (dismiss and hire new employees), as well as punish or reward (fines, bonuses) officials;
• has the right to cast a decisive vote if, during voting, the members of the HOA do not come to a common choice.

The list of powers may include other actions that the board members have granted the chairman the right to perform.

Term of office

The head of the board and its members exercise their powers for the period specified in the charter of the HOA. In accordance with paragraph 2 of Art. 147 the maximum term of office of the elected board cannot exceed 2 years.

At the end of this term, officials are re-elected. Within two years, the chairman can be re-elected or independently leave the leadership position.

Obligations of the MKD council to residents

The composition elected to the OSS does not have the right to resolve any issues that reflect the life of an apartment building. However, this advisory body has a number of responsibilities:

• monitor the implementation of decisions made at the OSS;
• negotiate with representatives of the management company on the latter’s fulfillment of certain obligations (but not sign documents);
• monitor the implementation of repair work;
• monitor the quality of housing and communal services provided.

The council is also obliged to bring up for discussion issues on the following issues:

• operating conditions of the building and surrounding area;
• conditions and procedure for repairing the building;
• ways to manage a home;
• level of competence of members of the advisory body;
• terms of cooperation with the management company.

Attention: the advisory body, despite the lack of legally significant powers, is required to submit a report annually. This document is issued for general consideration within the framework of the next OSS.

This body combines the responsibilities of initiative groups, which are often found in apartment buildings. In particular, council members can:

• contact the management company with proposals for landscaping the territory or building;
• evaluate contracts with resource supply organizations;
• perform other actions.

Decisions on each issue are submitted for general discussion.

Appointment of the Chairman of the MKD

The Chairman is appointed during the OCC. The qualification requirements of the person accepting this position do not play a determining role. It is recommended to appoint a person as chairman who has the following qualities:

• has authority among the residents of the house;
• is distinguished by an active civic position;
• having the ability to defend the interests of the public.

Important: due to the specifics of the chairman’s work, the person appointed to this position must have sufficient knowledge in the field of construction and jurisprudence.

The future head of the apartment building is selected from among the council members of the apartment building.

Dismissal

The chairman has the right to resign his powers at his own request or to resign upon request if violations are committed in his work. To leave at will, the basis is a personal statement written 2 weeks in advance.

If there are violations in the work of a manager, he is held accountable by going to court. This can be done both before and after dismissal. The dismissal process can be initiated by residents of the building, members of the board, or the offending chairman himself . The precedent for removal from office due to lack of confidence will be the minutes of the general meeting of owners of apartment buildings.

In case of dismissal on personal initiative, one should rely on Art. 80 Labor Code of the Russian Federation. In case of forced dismissal, they are guided by clause 7 of Art. 81 Labor Code of the Russian Federation.

At the head of the association of apartment building residents is a chairman. Without it, the functioning of the HOA is impossible. One of the regulatory documents regulating the activities of the head of the board is the job description, which sets out the rights, duties and responsibilities of the chairman. Like other employees, the chairman of the HOA is subject to labor laws.

Features of calculating earnings

In the process of appointing a person in charge, it is necessary to understand that the established responsibilities cannot always be fulfilled in full. The reason is not only the human factor, but the fact that the worker requires financial interest.

The responsibilities of the person in charge are real work, and they must be paid. Salaries for performing required duties are included in expenses related to the provision of housing and communal services. The amount of monthly earnings is established exclusively within the framework of a meeting of owners.

Compensation for expenses incurred

Along with the senior salary, standard expense items also include compensation for expenses that were caused by work needs. In modern housing, two options are used to reimburse the amounts spent:

1. The management company returns the money to the account. This is not a very easy way. It puts a person in a certain dependence on this organization. Moreover, the interests of such a company quite often do not coincide with the personal interests of the residents.
2. Residents of apartment buildings pay the costs. This is the best solution to such an issue. You don’t have to highlight a separate column in the costs that relate to paying for utilities.