Chairman of the board of the HOA: appointment, rights and obligations, election, remuneration, procedure for removal.

The legislation of the Russian Federation clearly regulates the rules for managing an apartment building. If the residents of the house do not want to work with management companies, they can create a partnership on their own. The organization of a HOA is possible if more than half of the residents vote for this form of management. The next step is the selection of a head who will take into his own hands all the work of supervising the process of operating the MKD. This publication examines aspects of who can be the chairman of a condominium association of an apartment building, what his responsibilities and rights are, and how he is selected.

Who is the chairman of the HOA?

The chairman is a resident of the apartment building, who has the authority to follow the results of a house-wide meeting of owners of movable and immovable property located in the house. In accordance with paragraph 3 of Art. 147 of the Housing Code of the Russian Federation, a person is elected from among the members of the house council, unless otherwise specified in the Charter. In fact, this is a manager who must represent and protect the interests of the members of the partnership without a power of attorney issued for this in accordance with Article 149 of the Housing Code of the Russian Federation.

“Chairman of the board of an HOA is an official job, therefore an employment contract is concluded with the candidate (Article 17 of the Labor Code of the Russian Federation), which specifies all the job responsibilities of a specialist when working on apartment buildings.”

Important to remember

The chairman of the board of the HOA is elected by the board or the general meeting of members of the partnership, if this is stated in the Charter, for a period of no more than two years. From the moment of drawing up the minutes of the meeting at which the official was elected, the chairman receives the powers specified in Art. 149 Housing Code of the Russian Federation and the HOA Charter.

Only the owner of the premises in the house and a member of the board can become the chairman of the board of the HOA, and it does not matter whether he is registered in this premises. But members of his family, as well as tenants, do not have the right to apply for this position.

Since the chairman of the board of the HOA is an official, he can be brought to both administrative and civil liability for violations in the work of the owners’ association.

All these questions were covered in detail, with examples, during the online seminar “Problems in the work of HOAs and ways to solve them, instructions”, which our expert Susana Kirakosyan conducted in April 2019. Materials from this seminar are posted here.

On what basis does the chairman act?

The operating procedure of the HOA is regulated by the Community Charter and the Housing Code of the Russian Federation. The work of the chairman is strictly regulated by the regulatory legal acts of the Russian Federation. The main one is the Housing Code of the Russian Federation. Until 2005, the federal law on HOAs was in force in the Russian Federation. Due to its ineffectiveness, the document was abolished. In addition, the legal role in the activities of the HOA is assigned to the Charter of the partnership. According to paragraph 4 of Art. 135 of the Housing Code of the Russian Federation, a partnership can function for an indefinite amount of time, unless otherwise stated in the text of the residents’ voting protocol.

Responsibilities

The main responsibilities, as well as the rights of the chairman, are reflected in Article 149 of the Housing Code of the Russian Federation. However, the list of them in the contract is more voluminous.

The chairman of the HOA, according to the instructions, is obliged to:

Comply with the terms of the concluded agreement and the provisions specified in the Charter of the organization. The actions of the chairman himself and all hired workers are regulated, first of all, by federal and regional legislative acts, and their violation entails various consequences.
Be an official representative of the interests of the partnership in government institutions of various types and directions.
Protect the property and other interests of the represented organization in the judicial authorities.
Immediately respond to force majeure or dangerous situations in order to protect residents from harm to life and health, as well as keep their property safe and sound. The chairman is also responsible for all property that is on the HOA’s balance sheet, even if it does not directly belong to the partnership.
Manage subordinates and the work they perform.
Monitor the activities performed by workers.
Ensure that labor discipline and safety precautions are not violated.
Make decisions regarding the financial part of activities, as well as economic issues. Be responsible for these decisions and the consequences that they entail.
Effectively use existing property, focusing on preserving its integrity.
Ensure implementation of decisions made by the board.
Analyze information on the financial and economic results of the Partnership’s activities within the agreed time frame, consolidate it into general information blocks and present it to the Board.
Carry out periodic monitoring of the condition of structures, engineering equipment and external improvements of the building.
Monitor the current or major repairs of the building.
Issue, within the limits of their powers, to residents of the house payments for services provided, certificates, extracts, acts, copies of personal accounts and other documents.
Participate in the work of inventory commissions.
Chair meetings of the Management Board.
Ensure that the process of recording meetings, and subsequently the possibility of free access to documents, is properly organized.
Ensure uninterrupted supply of utilities within the limits of their powers and capabilities.
Conclude agreements with third-party service companies to carry out repair, sanitary or maintenance work both in the apartment building itself and in its surrounding area.
At least once a month, carry out inspection checks of the correctness of cleaning work, the condition of engineering equipment, the roof of an apartment building, gutters, technical areas and basements.
Analyze the need for materials and equipment needed for repair work and purchase them. This obligation implies mandatory approval of expenses and their feasibility with the board.
Pay special attention to monitoring the receipt, movement and expenditure of funds, comparing it with documentary reports.
Prepare act lists of materials ready for write-off, but the procedure itself is carried out only after general agreement with other members of management.
Constantly monitor the quality of services provided by utility services, and, if necessary, make claims to them.
Satisfy claims of property owners for recalculation of collected utility bills if there is evidence of their low quality.
Maintain a database of legal documents that confirm ownership rights to individual apartments and non-residential premises, as well as ensure their safety.
Responsible for recording and storing other generated and incoming documentation.
Monitor and manage accounting operations.
Personally check how residents fulfill their obligations to pay for housing and communal services.
Receive visitors who belong to this HOA, take into account their arrivals and register submitted complaints and statements.
Make decisions on citizens’ appeals and give written responses to their written appeals.
Respect the interests of the partnership and not disclose commercial information to outsiders.

The chairman may be assigned other duties that do not contradict the requirements of the law.

Requirements for applicants for the position

In Part 3 of Art. 147 of the Housing Code of the Russian Federation states that one of the council members can be the manager of the HOA, unless otherwise stated under the Charter. In this case, one of the homeowners can become the chairman of the HOA. It does not matter where the candidate is registered for the position if he has real estate in an apartment building.

The head of the HOA must be the owner of the residential premises in the house and be a member of the board

Part 3 Art. 147 of the RF Housing Code clearly regulates the list of persons who do not have the right to apply for a managerial position or join the board:

HOA employees employed in the partnership under contract
representatives of the HOA audit body
manager with whom the contract was signed

The vacancy of the chairman of the HOA cannot be applied for by someone other than the owner of the property or the tenant. Family members of the owner who are registered in the apartment and do not have their own share cannot be nominated for the post.

How and who elects the HOA board

Homeowners Association, in accordance with Part 2 of Art. 162 of the Housing Code of the Russian Federation, is one of three ways to manage an apartment building. Members of the partnership must be owners who have more than 50% of the total number of all votes in the house (Part 3 of Article 135 of the Housing Code of the Russian Federation).

The governing bodies of the HOA include the general meeting of the members of the partnership and its board (Article 144 of the Housing Code of the Russian Federation). The HOA board makes decisions on all issues of the partnership's activities that are not within the competence of the general meeting of owners or members of the HOA.

The HOA Board is elected at a general meeting of members of the partnership (hereinafter referred to as the PSC) for a period of no more than two years. The decision is documented in a protocol, which must be drawn up in accordance with the requirements of Order No. 44/pr, which apply to the minutes of general meetings of owners in MKD.

Rights and obligations

Among the key responsibilities of the chairman of the HOA board according to the housing code:

guarantee of timely implementation of work necessary for the proper functioning of the apartment building
Providing property owners with quality utilities from contractors
correct response to requests and recommendations of all residents

To successfully perform his duties, the manager must understand many areas and have specialized knowledge in the management of utility resources and the administrative part of the activity. It is optimal if the applicant takes special courses.

The head of the HOA has the following rights:

manage the money in the general account of the partnership
hire, fire employees and pay their wages
control the work of staff
have access to all premises, including personal property, in the event of an emergency that threatens to damage the property of other owners
make a decision at a general house meeting using your vote if the votes are equally divided.

The manager must:

monitor the timely payment of utilities by owners of apartment buildings
recalculate costs in case of changes in tariff plans
be able to interpret the laws and legal acts of the Russian Federation
monitor changes in legislation, especially the Housing Code of the Russian Federation
monitor the work of financial structures and subordinates of the partnership
carry out decisions made by a majority of owners
monitor the activities of the block manager of the partnership in compliance with the Charter and other documents regulating their work
maintain order in the apartment building and the surrounding area
manage the HOA staff

The powers of the chairman of the HOA include drawing up work schedules, monitoring the performance of employees’ work duties, explaining the rules for calculating wages and other issues related to recruiting and personnel, monitoring the implementation of all agreements signed with suppliers of resource companies, repair organizations and other enterprises servicing apartment buildings, protecting the rights and interests of residents in the partnership to find suppliers and sign contracts with them to ensure the condition of apartment buildings at the proper level, to prevent conflicts or resolve them, to preserve common property, to work with documentation, to provide reports on the results of work.

Job description of the head of the owners' association

One of the documents on the basis of which the chairman carries out his activities is the job description. It is compiled by members of the board of the partnership in agreement with the housing inspection. As a rule, the instructions include the following sections:

General provisions.
Functions assigned to the official.
Job responsibilities of the chairman of the board of the partnership.
Rights of the chairman of the HOA.
Responsibility of an official.
Additional provisions (dispute resolution, procedure for removal from office).

General provisions of the job description include:

The main task of the head of the board is to manage the activities of the partnership in the interests of residents.
The actions of the head must not contradict the legislation of the country, the signed charter and the requirements of the job description.
The head of the organization has the right to distribute assignments among officials.
The head of the partnership is responsible for the implementation of all decisions made by the members of the partnership.
The chairman may make proposals for consideration at the general meeting.
The head of the board has the right to represent the interests of the residents' association in other organizations.

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

8 (800) 302-76-94

Responsibility of the HOA chairman under the law

Articles 7.22 and 7.23 of the Code of Administrative Offenses of the Russian Federation spell out the liability that can be imposed on an official or legal entity. The head of the HOA does not have the status of an official, so it is impossible to bring him to administrative responsibility. Thus, the residents themselves will be responsible for the actions of the chairman, unless otherwise specified in the Charter. But the legal entity itself (HOA) may be subject to fines.

According to RF PP No. 731 dated September 23, 2010, the HOA, represented by the chairman, is responsible for failure to provide information or copies of documents to residents. Public access should contain information about general information about the company, basic activity data, prices for housing and communal services, work and services performed on the apartment building.

As part of judicial proceedings, the elected person is involved for:

numerous violations of repair work on common property or improper maintenance (Article 7.22 of the Code of Administrative Offenses of the Russian Federation)
failure to comply with the requirements presented by the prosecutor (Article 17.7 of the Code of Administrative Offenses of the Russian Federation)
failure to comply with the conditions and requirements of the state housing inspection (part 24 of article 19.5 of the Code of Administrative Offenses of the Russian Federation)
incorrect pricing (part 2 of article 14.6 of the Code of Administrative Offenses of the Russian Federation)
violations in working with personnel (Article 5.27 of the Code of Administrative Offenses of the Russian Federation)

The head of the HOA must compensate for losses caused to the partnership due to incorrect actions or inaction during the entire period of management (Articles 15 and 53.1 of the Civil Code of the Russian Federation).

How is taking on a position documented?

If the HOA has legal status. persons, then the chairman does not take office immediately, but in several stages. To begin, you need to prepare the following documents:

minutes of the meeting of residents or members of the HOA council;
order for the appointment of the chairman;
labor agreement with the elected head of the partnership;
extract from the Unified State Register of Legal Entities;
application for registration of the specified person in the chairmanship position in the form of the Federal Tax Service.

The prepared package of papers is provided to the notary for review. In addition to the above documents, you must additionally attach:

passport of the chosen person;
charter;
OGRN.

After reviewing the papers, the notary certifies the application for the head of the HOA to take office. Next, the documents must be submitted to the tax authorities within 3 days after the selection of the chairman. If this deadline is missed, the law provides for the imposition of fines on the HOA.

Subject to the correct execution of documents and their timely submission, the new head of the partnership is provided with an extract from the Unified State Register of Legal Entities, which is his actual acceptance of management powers.

Authority

The chairman of the board of a homeowners association acts on the basis of the Charter. This document is recognized as the main one in the organization. To approve the document, a quorum of votes is required, which is more than 50% of the owners of the apartment building property. In addition to the Charter, the powers of the housing and communal services manager are specified in Art. 149 Housing Code of the Russian Federation.

Compared to the management of the management company, the head of the HOA is the most limited in his actions. The rights and responsibilities of the chairman may change if determined by a vote of the partnership members.

The responsibilities of the responsible person include:

approval of financial documentation for the house
sole conclusion of agreements without the consent of the board of the house, if they are permitted by law
accounting
signing of binding documents
Calculation of the time and place of meetings with the participation of board members
acting on behalf of the HOA without a power of attorney
hiring and firing staff
imposition of penalties for poor quality activities
disposal of the house fund
coordination of plans for changing premises plans with their owners
partnership property insurance

The manager also has a casting vote at general house meetings. In the event of a tie vote, the decision for which the chairman voted is adopted. All powers entrusted to the manager are reflected in the Charter. They must be supported by regulations of the Russian Federation and rewarded financially.

Powers and rights of the head of the partnership

The main powers of the head of the HOA include:

concluding transactions on behalf of the housing association to achieve the statutory goals;
selection of employees, their hiring and dismissal;
certification of payment documents;
signing internal regulations, minutes of meetings and board meetings;
direct management of employees;
representing the interests of the housing structure in local governments, courts and tax authorities;
disposal of funds from special accounts, general current accounts and the reserve fund as part of the implementation of decisions of general meetings;
disposal of other property of the partnership.

In most housing associations, the charter empowers the elected head to rent out empty premises and organize the construction of new premises in the local area without the approval of the meeting. Giving management additional rights related to the competence of meetings and conferences of residents is associated with the difficulty of organizing the gathering of homeowners of most of the real estate at a meeting.

IMPORTANT! The head of the partnership can certify and carry out without a power of attorney only those decisions that do not require the approval of the board or meeting of tenant-owners, in accordance with the housing code and the clauses of the charter of a particular organization (clause 2 of article 149 of the Housing Code).

The chairman in many partnerships is developing a regime of emergency powers, according to which the elected leader has the right to enter the premises of residents without their consent in the event of a risk of an accident , the consequences of which could cause damage to a significant part of the residents of the house.

When exercising his rights to dispose of funds from current accounts and other property, the head of the HOA is responsible under housing and civil law for the consequences of his decisions to the residents of the house.

How is the chairman of the HOA elected?

The head of the HOA and representatives of the house board are elected at a general house meeting. Article 145 of the Housing Code of the Russian Federation states: in order to organize a legitimate vote, more than 50% of owners of apartment building real estate must give their consent in writing. The final result will be recorded in the voting protocol. The minutes of the meeting of the HOA board on the selection of the chairman are drawn up by the secretary of the meeting. This document is required. Without it, it is impossible to record the fact of election of the head of the partnership.

Procedure for electing the chairman

According to. 44 of the Housing Code of the Russian Federation, the general building meeting is a key link in the management of apartment buildings. It is at these events that options for solving current issues are worked out, and the manager of the HOA is elected or re-elected. At the first stage, an in-person meeting is held, the results of which are valid if a quorum of votes is reached.

The procedure is simple:

registration of residents who attended the event
determination of the chairman of the meeting and secretary
consideration of all issues on the agenda
voting by residents in writing (otherwise unacceptable)
calculation of results by the counting commission
recording in the minutes of the meeting

During absentee voting, the resident fills out a hand-delivered ballot and then places it in a box that only the board secretary has access to or returns it to the secretary. After the ballots with votes are counted, the result is announced.

All appointments are made in accordance with the legislation of the Russian Federation. Based on the minutes of the meeting, the chairman of the vote publishes and signs an order appointing the chairman of the HOA. The order form is drawn up in a free or unified form T-1, approved by the Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004.

Who can the head of the HOA be?

It is mandatory to organize an HOA and elect a leader (according to Article 161 of the Housing Code).

The position of the chairman of the partnership is elected . The choice of the head of the organization is made by apartment owners at a general building meeting, which has the right to elect a chairman and terminate his powers ahead of schedule.

All actions and decisions of the general meeting, including those related to the work of the head of the partnership, must be recorded. The election of the head of the association by apartment owners takes place at a general building meeting . A sample ballot paper is presented below.

ABSENTEE VOTING BALLOT

The next general building meeting of the Lebedushka HOA

Tolyatti, st. Novo-promyshlennaya, 114 February 02, 2020

Participant information:

Full name
passport
owns
Certificate of state registration of rights
Agenda: Election of the chairman of the board of the partnership.
Behind	Against	Abstained
1. Elect the chairman of the HOA: Ivanova I.I.
2. Elect the chairman of the HOA: P.P. Perov.

Signature of a member of the Lebedushka HOA ________/_____________________

Absentee voting ballot for the general building meeting of the HOA

The document that records the results of the meeting is the minutes . The requirements for its registration are specified in Order No. 44pr dated January 28, 2019 of the Ministry of Construction of the Russian Federation.

A single option for drawing up the minutes of a general house meeting has not been approved by law, but the mandatory components must be: details of the organization, date of the meeting, number of people who voted, signatures and seal of the organization.

Agreement

All labor relations in the country are regulated by relevant law. An employment contract is concluded with the chairman of the HOA, like other employees. The document is drawn up in 2 copies. The term of office, and accordingly the period for which the chairman of the HOA is elected, according to the law, is no longer than 2 years. In accordance with Art. 275 of the Labor Code of the Russian Federation subsequently conducts repeated elections of a candidate or a complete change of board.

During this period, the manager acts in accordance with the labor code and the contract drawn up on its basis. The same document records the financial and disciplinary liability of the chairman, which legally allows for the recovery of costs.

Rights

The basic rights of the chairman are specified in Article 149 of the Housing Code of the Russian Federation. At the same time, their list can be expanded by the concluded agreement and the Charter of the organization.

Most often, the chairman has the right:

Make demands on the need to fulfill the conditions that were specified in the concluded agreement.
Receive monetary remuneration for your work on time, and in the amount that was written down on paper.
Represent the interests of the HOA legally without a power of attorney.
Put your signature on all documentation generated by the board and thereby certify its authenticity.
Carry out other actions that contribute to the development of their direct responsibilities and do not go beyond the law, and also do not contradict the Charter of the partnership, without the need to obtain approval from other members of the board or homeowners.
Develop and submit for approval to the HOA its own internal rules for hired labor, which is designed to maintain the uninterrupted operation of utilities, as well as those serving other needs of the residential complex.
Set wages for employees in accordance with the wage regulations.
Require the submission of performance reports from other employees.
Give orders on various occasions. All instructions of the chairman must be strictly followed.
Collect material damages from those at fault, as well as reward workers if they deserve it.

This list is not exhaustive. The General Meeting may expand it, provided that this does not contradict current legislation.

Reward formation

The general meeting of residents determines the salary of the HOA manager and board members. The amount of money received for performing the functions of operating an apartment building is subject to taxes, including personal income tax, and contributions to the Federal Migration Service, the Pension Fund of the Russian Federation, and the Social Insurance Fund. As part of the meeting, residents of the apartment building have the right to decide on the remuneration of the chairman in a fixed sum of money and is recorded in the expense item for the current year in the column “administrative expenses”. It is important to correctly formalize the owners’ decision on the level of manager’s remuneration. This document indicates how much the chairman receives during the period of management of the MKD.

Registration of the contract

The agreement with the chairman is drawn up in the manner prescribed by law. It is drawn up in writing, in two copies, one for each party to the transaction. You can use regular office paper. The text of the agreement must be filled out by hand or using technical means of printing.

The document must contain the following information:

Date and place of signing the contract.
Information about the parties.
Subject of the agreement. In this case, this will be acting as chairman of the HOA.
Rights and obligations of the parties.
Responsibility of the chairman.
Procedure and amount of payment.
Contract time.
Conditions for early termination.
Settlement of disputes.
Details of the parties.

The agreement must be signed by the parties to the transaction and certified by the seal of the partnership, if any.

Part-time work of the chairman of the HOA

Article 282 of the Labor Code of the Russian Federation regulates the procedure for employees to perform other paid activities on an ongoing basis in their free time from key work. Employment contracts are concluded with an unlimited number of companies, unless another procedure is provided for by the Federal Law. The head of the partnership has every right to do the same.

In Art. 147 of the RF Housing Code states that not a single director, including his director, can hold another position in the same partnership. There are no restrictions on employment in other companies. The main thing is that the employment contract stipulates that the employee combines his activities.

The duration of part-time work cannot exceed 4 hours a day on days when the employee is busy at his main job. On days off he can work full time. At the same time, for 1 calendar month, the production of hours at an additional place will not exceed half of the monthly standard working hours prescribed in Art. 284 Labor Code of the Russian Federation. An exception is made only if a person is removed from activities at his main place or cooperation is suspended in accordance with Articles 142 and 73 of the Labor Code of the Russian Federation.

Is it profitable to be a boss?

The head of the board works for a fee, which is paid by residents from their contributions, and in return they always want to have:

light, heat, electricity;
constant hot and cold water, excellent sewage system;
uninterrupted operation of the elevator;
timely removal of household waste;
clean, renovated entrances, courtyard, adjacent roads;
sidewalks sprinkled with sand in winter;
leak-free roof and much more.

What is it worth to see residents alone! The position of the head of a partnership cannot be called particularly lucrative; it is a difficult and troublesome job , for which eight hours a day is never enough.

The answer here is clear: no, it’s not very profitable, plus there are continuous problems with the life support of the house and eternally dissatisfied residents.

How to change the chairman

There are several options for changing the chairman:

1) by voting within the framework of a general house meeting.

The procedure is valid with the consent of more than half of the residents,

2) upon expiration of the employment contract.

Elections for the new chairman of the HOA are made during a general house meeting. The process can be initiated if the following violations are detected:

the current head neglects his duties prescribed in the Charter
acts illegally
convicted of embezzlement, theft
violates pricing and issues illegal receipts

You can begin the process of early removal from office if over 50% of residents vote for this option. Only in this way can the members of the board make a decision to remove the powers of the head of the partnership. After this, any owner can apply to be considered for the vacant position.

The procedure for terminating cooperation with the chairman is prescribed in the Charter.

After the formation of the protocol of the HOA board on the election of a new chairman, a contract is concluded with the future manager, and an order for the appointment of the employee is published. A copy of the document along with the rest of the package of documents is provided to the tax authority. This is necessary for government officials to make corrections to the Unified State Register of Legal Entities.

When and who can remove the powers of the chairman of the HOA board?

The chairman of the HOA board terminates his activities in this position in the following cases:

At the PSC of the partnership, a decision was made to elect a new chairman (clause 3, part 2, article 145 of the Housing Code of the Russian Federation).

If at the meeting the members of the HOA decided to terminate the powers of the current chairman, but did not choose a new one, then the first one continues his work until another member of the board of owners of the association of owners is elected to this position.

Early termination of the chairman’s powers occurs if there are serious grounds, including the person’s inability to conduct business properly or gross violations in the performance of duties (paragraph 2, part 2, article 123.14 of the Civil Code of the Russian Federation).

The person elected as the chairman of the HOA has lost the right of ownership to the premises in the apartment building where this partnership was created (Part 3 of Article 143 of the Housing Code of the Russian Federation).

This fact is confirmed by judicial practice: the resolution of the Fourteenth AAS dated July 29, 2013 in case No. A44-4579/2012, the decision of the Arbitration Court of the Tyumen Region dated December 11, 2013 in case No. A70-11284/2013.

Court decisions state that from the moment of loss of the status of the owner of the premises in the house, a person can no longer be the chairman of the HOA due to mandatory provisions of the law, therefore, cannot represent the interests of the partnership in civil legal relations.

Where to complain about the chairman

A complaint against the chairman of the HOA is initiated in the following cases:

inflated utility tariffs
ignoring and constantly violating the norms established at a general house meeting
the fact of using common property for personal purposes was revealed
repayment of debts of individual residents at the expense of others
opposition to the rules adopted at the meeting
challenging norms that do not comply with the laws of the Russian Federation
abuse of authority
failure to fulfill the duties prescribed in the Charter, including refusal to provide public documents

One or more reasons from the list presented above allows any owner of an apartment building to file a complaint against the chairman with Rospotrebnadzor, the city housing inspectorate, the prosecutor's office, or the court. But before you contact one of the authorities, you must try to resolve the problem peacefully. To do this, a claim is drawn up in two copies and submitted to the manager. The claim is considered accepted if the applicant's form indicates the date of filing the complaint and the defendant's signature.

Form of the chairman's report on the work of the partnership

The manager is obliged to report on the results of the past year to the members of the partnership. the annual report at the meeting - the main reporting document, certified by the signature of the chairman, which reflects all areas of expenses and income. The report is accompanied by an explanatory note that provides detailed information.

A sample annual report is provided below.

HOA annual report

If there is a free cash balance, the general house meeting also decides on which expense items to allocate the saved funds to.

The head of the HOA is a person whose experience and personal qualities determine the comfort of the residents and the effectiveness of the HOA’s activities. The main criterion that must be met by a candidate for the position of head of the partnership is ownership of the premises (part thereof) of an apartment building.

The correctness of the process of electing the chairman of the HOA is controlled by the local government body, therefore, it will not be possible to bypass the moment of the presence or absence of property of the candidate.

Sample documents

Sample agreement with the chairman

Sample order for appointment to a position

Sample job description for the chairman of the board of an HOA

The head of the HOA is a responsible position for which only the owner of the property in this apartment building can be selected. The position requires a lot of time. And even more skills.

We also recommend studying the staffing schedule of companies in the housing and communal services sector.

Re-election

The current legislation defines the possibility of re-election of the chairman of the HOA. The procedure for such a procedure is indicated in the organization’s Charter. Re-election is possible if there are reasons for it that are documented. In this case, it is necessary to perform a series of sequential actions.

Causes

Removal from a position can be forced or voluntary. In the first case, re-election occurs if the chairman violated his official duties, exceeded his rights, or committed actions that caused a loss of confidence, for example, theft of property or forgery. In the second case, the person himself submits an application in connection with reaching retirement age, changing his place of residence or losing the right to own a home.

It should be noted that in case of voluntary resignation, the chairman is not obliged to explain and document the reasons for such a decision.

Order

The procedure for re-election is similar to appointment to a position. This decision is made by the board or general meeting. It all depends on the rules defined by the organization’s Charter. In practice, a meeting or board meeting is organized and held at which a decision is made.

The result of consideration of the issue is documented in a protocol. Documents confirming the validity of the decision are attached to it. This is relevant for cases of compulsory dismissal from office. If the chairman refuses to transfer the affairs and position to the new employee, then the partnership sends the materials to the court.

What are the responsibilities?

Let's talk about the responsibilities of the head to the residents. What is he doing? It is this aspect that most touches both residents and board members, since many functions rest on his shoulders.

These features can be divided into standard and optional . Standard functions include those functions that are usually prescribed in the charter. Let's look at the most striking and common examples:

One of the most important functions is control over decisions made by the board. The board does not always focus on legislation, the budget and the wishes of residents. When analyzing the accepted arguments, he must take into account the fact that all parties are satisfied.
Give orders to all officials who are in the partnership. Orders can be of a different nature, the main thing is that they are aimed at actions related to the maintenance of an apartment building.
Carry out actions on behalf of the partnership . These include opening an account and withdrawing funds from it for household needs. Of course, this responsibility also entails the responsibility of the manager to be accountable not only to the board members, but also to all residents.
Leave your signature on all payment documents without exception, thereby confirming that he controls cash flows.
Monitor compliance by all employees of the partnership with all internal rules , which in one way or another may affect the house being serviced if they are not followed.

The manager can also resort to sanctions permitted by the charter for non-compliance with the rules or their systematic violation.

Pay workers who carry out house maintenance activities.
The responsibilities of the person in question also include attendance at meetings of homeowners and strict implementation of all decisions made at them.

Step-by-step instruction

The procedure for electing the chairman of the HOA must take place at a general meeting . It can be in person or in absentia if there are too many HOA members.

In any case, the initiative group of the partnership is obliged to notify the other participants about the upcoming elections.

If voting takes place in absentia, a ballot is attached to the notification. All actions during elections during in-person voting are reduced to the following:

Appointment of the place and date of the elections.
Preparation and distribution of written notices.
Conducting a meeting with mandatory preparation of minutes.
Counting all votes.

To approve a candidacy, at least half of all votes of the HOA members are usually required .

Election of the Chairman

A candidate for chairman is nominated from the board of the partnership.

The chairman is elected by a majority vote of the board, unless the charter provides for elections by the general meeting of the HOA. Application of candidates occurs 10 days before the meeting. At least 50% of the board members must vote for the candidate. Re-elections take place every 2 years in accordance with the charter. The position of the chairman is paid on the basis of a formalized employment agreement.

If the chairman is elected by the general meeting, then 2 types of voting are possible:

in-person, when the number of participants required for legitimate voting is gathered;
absentee, when the required number of votes is not obtained during voting.

Does he have the right

A homeowners' association is a relatively new form of managing an apartment building; many aspects remain unsettled and raise questions. This also applies to the status of the head of the community and his rights.

Not being a home owner

A candidate for the position of chairman must own living space in an apartment building or be the owner of a plot of land if we are talking about merging them into a partnership.

Post lists of debtors

IMPORTANT! The HOA can exist and maintain the house only through payments from the owners.

The issue of timely payment when it comes to utilities is especially acute. Public shaming is an effective method, which is why many housing and communal services organizations post lists of defaulters to push them to pay off their debt.

The law protects the personal data of citizens, therefore posting lists of debtors in the usual form, where the debtor’s full name, address and amount of debt appear, is illegal.

But it is enough to remove personal data, keeping the apartment number and debt, in order to remain in the legal field. In addition, you can regularly voice the debt of the owners at meetings.

Enter the apartment

IMPORTANT! The Constitution of the Russian Federation guarantees the inviolability of home to every citizen.

Even law enforcement officers do not have the right to enter the apartment without the permission of the owner and a court order. Therefore, the chairman is not authorized to enter the apartment without the owner. Even the occurrence of emergencies, floods, and problems with electricity do not change the situation.

In such situations, it is only possible to isolate the apartment through neighbors. For example, block the risers or cut off the electrical wiring. Subsequently, the costs of these activities will be borne by the absentee owner.

Work part-time

According to current labor legislation, part-time work is the performance by a citizen of paid activities on the basis of a contract in addition to the main place of employment in his free time. The law does not limit the number of part-time jobs.

The Housing Code prohibits the chairman from combining a position on the board and activities in the same partnership under a contract. This does not apply to other organizations. Therefore, he has every right to work part-time in a third-party company.

Receive a salary

The chairman of the partnership is not an employee acting on the basis of an employment contract. Therefore, wages are not accrued or paid to him. At the same time, he does not have to work for free, so he receives remuneration within the limits fixed in the Charter.

To go to vacation

The chairman is not an employee of the partnership in the full sense of the word. An employment contract has not been concluded with him, he is not paid wages, so the person receives leave, if provided, at his own expense. The procedure for rest and replacement of the head during periods of his absence must be determined in the Charter.

What to do if you don't fulfill your duties

If the head does not fulfill his duties or treats them negligently, you need to try to negotiate with him peacefully: draw up an appeal from the residents, in which they state their complaints and demands (for example, it is better to control the janitor who does not comply with the cleaning schedule).
If the situation does not change, the procedure for electing a new chairman must begin. The first step is to collect irrefutable evidence of his bad faith.

You can check the condition of the local area, entrances, lighting, elevators. If they are not maintained or repaired, the area is cluttered, and waste is not removed, you can draw up an act stating that money is not being spent for these purposes. Additional evidence will be receipts with charges for these reasons.

Owners have the right to demand from the HOA accountant a report on how the fees they paid are spent. Copies of tax returns must be officially requested from the inspectorate.

IMPORTANT! An independent audit can be arranged, to which the chairman must comply.

Based on the violations identified, a new head is elected. You can also file a claim in court.

Vacation

Does the chairman have the right to leave? Who resolves issues for him during vacation?

Like any other official, he has the right to leave .

Despite the fact that the manager’s activities do not relate to the labor sphere, the charter must still assign him leave. The maximum number of days you can be absent is thirty.

Of course, during the absence of the leader, the partnership will have to resolve some issues, and it will not always be possible to maintain contact .

The function of the head is assumed by one of the board members, pre-selected as acting . His candidacy must be proposed to the meeting of owners by the manager himself, and if the owners approve it by a majority vote, then the candidacy is approved.

During the vacation of the head, his deputy is assigned all the rights and responsibilities that the chairman had. From now on, he can make decisions, make adjustments, hold meetings and put his signatures on payment documents.

As soon as the vacation comes to an end, all responsibilities are removed from his deputy and transferred back to the manager.

The procedure for managing a high-rise building

The duties of the HOA board are performed by:

General meetings of residents (main body);
Governing body;
Chairman of the HOA.

A partnership is created for the productive general management of an apartment building. Management allows you to:

Operate the MKD efficiently;
Manage owned resources productively.

Creation consists of a number of stages:

Determination of apartment buildings that will be part of the cooperative, and whose residents will be subject to the powers of the board;
Formation of an initiative group, which includes residents with specialized education and experience in exercising authority;
Generalization of information about residents, as well as announcement of a general meeting of residents;
Registration of the results of general meetings through a Protocol describing the main issues and decisions made;
After the decision to create the Partnership is made, constituent documentation is prepared that prescribes the composition of residents included in the organization managing the HOA, the rights and obligations of the HOA;
The charter can be approved by voting at a repeated general meeting;
Registration of installation documentation with government agencies, opening a bank account, sending information to the balance holder of the MKD;
The transfer of the high-rise building to the Partnership is carried out by a commission of territorial executive authorities together with the governing bodies of the HOA. A report on the results of the transfer is drawn up and technical documentation is transferred to the MKD.

Instructions

How the elections work:

First of all, remove the manager who does not suit you from his position; this issue is also resolved at the meeting.

If you are electing a chairman for a newly created HOA, make a list of possible candidates.

Next, you need to organize a meeting of owners and notify board members that they can nominate themselves.
Now you need to notify all owners that they must attend the general meeting.
Appoint a secretary , he will keep the minutes of the meeting.
Then you need to invite the owners to vote for one candidate or another.
As soon as the majority of owners choose one candidate or another, sign an agreement stating that he is the chairman.

Based on the above, the following conclusions can be drawn:

In the triad of management structures of the HOA - general meeting, board, chairman - the chairman of the HOA board has the greatest scope of prerogatives for the implementation of civil transactions.
The current Housing Code of the Russian Federation does not have effective legal mechanisms to ensure effective control over the financial and economic activities carried out by the homeowners' association represented by the chairman of the board.
The chairman of the board of the HOA must be included in the management bodies of the legal entity.
A measure designed to protect the HOA from potential financial losses could be a rule establishing the concept of a major transaction carried out by the HOA. The criteria for a major transaction may be a multiple of a certain minimum wage. A prerequisite for carrying out a major transaction must be permission from the general meeting of HOA members and a preliminary positive conclusion from an audit company or independent expert organization.
The norms of the Housing Code of the Russian Federation must stipulate a mandatory annual independent audit of the economic activities of the homeowners’ association. Independent auditors must be appointed to HOAs by government authorities. Audits of the financial activities of the partnership carried out by the audit commission should become quarterly.

Karpykhin D.

Term of office according to law

Federal law does not clearly regulate the terms of office of the chairman of the HOA. Deadlines are set at the municipal level. Typically, this period is two years. You can change and re-elect the chairman of your association of owners after this period has expired. The charter of an apartment building or the recommendations of the HOA board may establish a shorter period.

There are no limits set during which the same citizen can be re-elected. Therefore, such citizens can hold office for twenty or thirty years. After the expiration of the above terms of office, re-election occurs in the manner and according to the rules provided for by internal local acts.

It should be noted that the term of office of the chairman of your HOA cannot be longer than the term of the owners’ association itself.