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.”
Responsibility for holding a general meeting of members of the partnership. Other responsibilities of the HOA board
It is one of the responsibilities of the HOA and the need to hold meetings of all members of the partnership without exception. This is stated in paragraph 8 of Article 148 of the RF Housing Code. It should be noted that the procedure for holding such meetings is established by the charter of a particular partnership and cannot be violated. However, such competence of the HOA must fully comply with the requirements of housing legislation, namely, Art. 145-146 Housing Code of the Russian Federation.
The obligations we have listed in this article are not exhaustive. This list of powers of the HOA is considered open, as it can be supplemented with new obligations depending on the emerging needs of homeowners in multi-apartment buildings.
Thus, we can conclude that HOAs are one of the mechanisms for ensuring the normal order of collective housing in the territories of multi-apartment buildings, which can only be achieved through the development of specific norms and rules of conduct for homeowners.
Author of the article
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.
Job description
Let's look at the most basic things:
- The chairman is elected by the members of the HOA board for the purpose of managing the activities of the HOA.
- In his work, the chairman of the HOA must rely on the laws of the Russian Federation and the charter of the HOA, as well as on regulations and his job description.
- The chairman must conscientiously manage the activities of the HOA.
- Being the immediate supervisor, the chairman has the right to give orders to all employees of the HOA.
- The chairman is obliged to monitor the implementation of all resolutions and decisions of the HOA.
- The chairman is charged with developing and submitting for discussion to the members of the HOA rules regarding the calculation of wages, work rules and the schedule of HOA employees.
- The chairman of the meeting is authorized to represent the interests of the HOA in all government bodies.
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.
Could it be someone other than the homeowner?
You can become a chairman if you have ownership rights to living space in an apartment building. This is one of the main requirements for a candidate. The head is chosen from among the board members, and only apartment owners can occupy such places in the organization.
Often they try to circumvent this requirement by issuing a notarized power of attorney to represent the legitimate interests of one of the residents of the house. This option does not work, since the power of attorney has nothing to do with ownership of the apartment.
An officially executed housing lease agreement also does not allow tenants to apply for the position of head of the HOA.
Such restrictions are established to prevent persons from entering the ranks of the board who have no connection with the house and may act in their own personal interests. The organization should be led by a person who knows all the problems of apartment buildings and is interested in improving the economic conditions in the house.
The head of the HOA must be the owner of the apartment in the apartment building , but he does not have to be registered and actually live in it.
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.
What does an HOA have the right to do?
In short, it is to carry out work related to the management of the house, that is, to carry out those activities that were previously the focus of the management company (in the form of a commercial organization or housing department).
Now let's take a closer look at the entire scope of activities included in this concept. What exactly do residents authorize their representatives to do in the election of the HOA board?
Article 137 of the Housing Code, dedicated to the regulation of such issues, reads:
- The HOA has the right to enter into agreements with management and operating companies related to the maintenance of an apartment building and the provision of the full range of utilities.
- It has the right to carry out certain work without recourse to the services of the management company (for example, hiring cleaners for the entrance or organizing independent garbage collection).
- The HOA is engaged in calculating income and expenses with determining the necessary funds for carrying out routine repairs of the house, paying for the activities of contractors, forming a reserve fund, as well as those intended for major repairs.
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).
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.
What is included in official rights
The head of the HOA has the right:
- Sign documents related to the activities of the HOA.
- Solve financial issues.
- Conclude contracts.
- Issue instructions and orders that are binding on participants and members of the partnership.
- Convene and hold a meeting of the HOA board.
- Hire staff.
- Insure the property of the partnership.
- Have a casting vote if the opinions of the board members are equally divided.
- Resolve issues regarding the complete and timely implementation of necessary household and utility work around the house;
- Ensure high-quality provision of heat, water and electricity from contractors;
- Receive and resolve questions and needs of partnership participants.
The Chairman must have certain knowledge in order to perform the functions assigned to him:
- Possession of relevant qualifications in the field of housing management.
- Control over payment of utility bills by residents: it must be timely and transferred in full.
- Personal control over debt recalculation.
- Supervision of the work of the financial authorities of the HOA.
- Implementation of statutory events and decisions adopted at meetings of residents.
- Monitoring the fulfillment of contractual obligations by contractors.
- Working with current documentation.
- Monitoring compliance with the proper sanitary condition of the residential building and territory by the work of hired personnel.
- Conflict resolution.
- Providing reporting on the activities of the organization.
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.
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.
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.
Receives salary or benefits
Article 147 of the Housing Code of the Russian Federation prohibits members of the board and the HOA and its chairman from carrying out activities in the partnership on the basis of an employment contract.
Managing a home takes up all a citizen’s free time and does not allow him to have another job or receive a salary. The practice found a way out in assigning remuneration for work.
Such wages are due for each work performed in the house (repairing an elevator, repairing risers, painting walls, installing a common building meter). The part that will serve as a reward cannot exceed 30% of the cost of each transaction.
In addition, there is the concept of payment of insurance premiums by the partnership. They cover the costs associated with the implementation of activities (light, transport).
When there is no such need, the money will serve as payment for the chairman. These amounts are included in the bill for the maintenance and repair of the house and amount to no more than 5%.
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.
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.
How are controversial issues resolved?
Controversial issues are resolved only at a general meeting of owners of premises in an apartment building. It is this body that is considered the main one and only from it comes any initiative, to which not only the members of the board, but also the manager himself are obliged to obey.
Only a meeting of owners has the right to cancel a decision made by the manager , however, for this it is necessary to comply with a number of factors. Firstly, the meeting must be notified of the decision made and more than half of the property owners of the house must appear at it.
The second factor is voting for or against a particular decision. The outcome of the vote is determined by the number of votes for or against.
Find out about the procedure for holding absentee voting of owners from our article.
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.
Lineup change
The grounds for changing the composition of the board may be:
- the own desire of its members;
- health condition that prevents the performance of duties;
- evasion of duties;
- ignoring appeals from homeowners;
- spending general funds for other purposes;
- extortion;
- violation of the requirements of current legislation;
- appropriation of common property;
- receiving a bribe;
- 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.
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.
