Chairman of the housing cooperative - who is this?
In order to understand what kind of person this is called the chairman of the board of housing cooperatives, as well as what he does, you will need to turn to theoretical manuals and sources that one way or another regulate the procedure.
In connection with the activities performed, the head of the housing cooperative is a person who carries out his activities in accordance with vested managerial powers, and his position is elective. The chairman of the housing cooperative and the chairman of the board of the housing cooperative are one person.
At the same time, the head of the housing cooperative is elected for a certain period established by the charter, and carries out activities in accordance with the agreement.
IMPORTANT: There is a provision that regulates the activities of the chairman of the board of housing cooperatives and prescribes his main powers. If we talk about legislative sources, then Article 148 of the Housing Code prescribes the duties of the chairman of the housing cooperative, which are provided for by the charter.
What are its differences from a manager?
Very often, the position of head of housing cooperatives is confused with other positions that are no less popular and important in these organizations. So, for example, many owners and residents of an apartment building do not understand what the fundamental difference is between the manager of the housing cooperative and the chairman. Perhaps one of this position is redundant, and the owners are shelling out money for wages for these individuals completely in vain.
In fact, there are fundamentally important differences between the head of the housing cooperative and the manager.
A manager is a person who is empowered to monitor the performance of activities of housing cooperative employees, communication and communication with residents of apartment buildings, and also performs activities related to the reception of citizens.
And the chairman of the board of housing cooperatives is a person who is also involved in control functions, but he does not directly control the organizations, as well as the persons who carry out the work. Control is carried out in general and mostly nominally, on paper, in accordance with which the chairman decides whether it is necessary or, conversely, unnecessary to carry out any work.
REFERENCE: Also, the head of the housing cooperative has the right to sign all documents of the housing cooperative, be it payment papers or a work acceptance certificate, and has access to financial statements.
The manager may also be given the authority to sign papers, but this most likely relates to the plan for accepting the work carried out by the employees.
Therefore, we can conclude that the manager rather performs an executive function, replacing the head of the housing cooperative for a while, but, in general, his powers are not as broad as those of the head of the housing cooperative, and do not extend to the financial sphere of relations with residents.
We talked in more detail about the management bodies of the HOA, including the positions of the chairman and manager here.
Rights and obligations
It is important to pay attention to the rights and responsibilities of the manager, which are prescribed not only by the charter, but also by such an important document as the regulation on the chairman of the housing cooperative. So, first let's talk about the responsibilities of the chairman of the housing cooperative, because... there are more of them than rights.
- First of all, the head of the housing cooperative is obliged to master the legislative framework and skillfully use the laws in his activities.
- The chairman must organize the activities of the organization in accordance with the law and the charter.
- The chairman performs the functions of maintaining and repairing the building.
- Also, the head of the housing cooperative controls how construction work is carried out.
- This person provides residents with recalculation of payments if such a situation was necessary.
- Monitors the sanitary condition of the building.
- Implements measures to ensure smooth operation.
- Introduces residents and occupants of the building to reporting and settlement documents.
- Represents the interests of its management organization in other bodies, such as the court and or administration.
- Controls the activities of the accounting department and manages the activities carried out.
- Checks residents' bills.
- Authorized to sign financial documents.
- Monitors financial reporting.
- Takes measures in connection with the presence of unauthorized actions from residents or employees of housing cooperatives.
- Carries out control that ensures the satisfactory condition of the house structures.
- Supervise home improvement work.
- Receives residents when circumstances require it.
- Monitors the progress of current or major repairs.
- Checks reports on the purchase of materials.
- Sends housing cooperative employees for retraining to improve their skills and the level of services provided.
- Reports on the completed quarter on the work completed.
As you can see, this person has a lot of responsibilities. Since he is entrusted with a lot of responsibility, the chairman of the housing cooperative can be said to be irreplaceable.
However, the chairman of the housing cooperative also has rights and residents must also take them into account. Let's look at them.
- The chairman has the legal right to enter into contracts on behalf of this organization with resource supply organizations that provide the house.
- Also, the head of the housing cooperative has the right to enter into an agreement, which boils down to the transfer of management rights, as well as ownership and shared construction with housing owners.
- The chairman has the right to monitor how competently and correctly the residents use their premises, namely, whether this corresponds to the purposes of use.
- If the head of the housing cooperative believes that there is a threat to create an emergency or dangerous situation, he has the right to stop the tenant’s use of the real estate until the circumstances are clarified.
- The Chairman has the casting vote if there is a vote for or against any activity.
- The chairman has the right to independently select personnel to carry out construction work.
- The chairman has the right to give instructions to his employees in accordance with the procedure established by law, as well as to demand that his instructions be carried out.
The range of rights is somewhat narrower than duties, but this is required by job descriptions and the charter of the organization.
How is he chosen and by whom?
Let's talk about who chooses the head of the housing cooperative, because this is very important for those who intend to join the housing cooperative in the near future. This person is chosen by the owners of real estate in an apartment building, that is, members of the housing cooperative (read about how to become a member of the housing cooperative and other features of the cooperative’s work here).
IMPORTANT! The appointment of the head of the housing cooperative by administrative bodies is impossible, since this is entirely the choice of the residents. At the same time, you must remember that this person is elected only from among the members of the board.
Leader electability
The chairman is an elected position. He is elected and appointed by the house board members at their meeting. Being appointed to this position, a person receives a number of powers in accordance with the charter of this housing cooperative.
The main provisions for this position are indicated in Article 119 of the RF Housing Code:
- The chairman is elected for a term specified in the charter. Consequently, there is no clear deadline - in each housing cooperative it can differ significantly.
- The chairman is responsible for ensuring that the decisions of the cooperative are implemented in a timely and efficient manner.
- He has the right to carry out activities on behalf of the entire cooperative without a prior power of attorney. The range of powers includes, among other things, making transactions and representing the entire housing cooperative in court.
Important! The Chairman must carry out his activities in good faith. This is indicated in the Housing Code of the Russian Federation, therefore it is not just a moral point, but a clear obligation.
The procedure for electing the head of the housing cooperative
As we have already said, the head of the housing cooperative, the chairman, is elected from the members of the board, that is, it can be any person who owns real estate in an apartment building. Therefore, check out the candidates and only after that you can make a choice. In order to carry out such a procedure, it is necessary to convene a general meeting of residents.
At the meeting, the main competitors will present their candidates and meet the residents.
After this, the secretary of the meeting will be asked to vote for one or another candidate.
So, votes are given according to the listed candidates. The person who receives the most votes is the winner. However, you can always appeal the procedure if you feel that your rights have been violated. Remember that the head of the housing cooperative is elected for 2 years. The charter of housing cooperatives tells us this.
Restrictions on the position with an unexpunged or unexpunged conviction
From an analysis of the current housing legislation regarding the requirements for officials of a housing cooperative, it follows that the restrictions are related to the biography of a candidate for the role of a member of the management body of the cooperative. With a criminal record, if it is not removed and expunged, the citizen cannot be elected to the positions in question. When studying the biography of a candidate for a position and analyzing it, it should be borne in mind that a criminal record is valid from the moment the verdict of the judicial authority enters into legal force. A criminal record lasts until it is expunged or expunged.
A criminal record is expunged under the following conditions:
- the end of the calendar year after the citizen has served or executed his sentence, if such punishment did not entail imprisonment;
- the end of a period of three years after the person has served his sentence for crimes of average gravity or minor gravity;
- the end of a period of six years after the person has served his sentence for a serious crime he has committed, and eight years in the case of committing especially serious crimes;
- expiration of the probationary period, if we are talking about a suspended conviction.
When considering a candidacy for a position, the absence or presence of a criminal record of the candidate is confirmed by a special document - a certificate issued by the authorized body.
Documentation of the procedure for hiring a housing cooperative manager
In order to ensure that in the future the administrative authorities, as well as the Housing Inspectorate and the State Housing Supervision Authority, do not have questions about on what basis and what documents the chairman of the housing cooperative was elected, during the meeting the secretary keeps a protocol in which all the main points and incidents that took place are recorded. be at the meeting. It is in the protocol that the progress of vote counting is reflected.
ATTENTION: Thus, the entire move was recorded, which means that no one will have any questions about the basis on which the head of the housing cooperative was elected. This document must have its copies and also be available in the housing cooperative office.
Upon selection, an employment contract is concluded with the chairman of the housing cooperative. This document contains the following points.
- names of the parties, their data;
- basic rights and obligations of the parties;
- responsibility;
- terms of the contract. As a rule, such a document is urgent and is concluded for two years;
- additional rights and responsibilities are listed;
- list of attached papers;
- The date and signature of the parties are affixed.
An employment contract can be drawn up using a standard sample form, which you can find on the Internet, or you can draw it up yourself.
The document is drawn up between the owners of the property and the person who is to assume the position of chairman.
How is the election of the house chairman carried out?
The chairman of the house can only be appointed as a result of a vote of the owners of residential and non-residential premises of an apartment building. This can happen by:
- voting in person (at a general meeting);
- absentee (filling out voting sheets).
For the elections to be recognized as valid, the participation of at least 2/3 of the owners is necessary. Tenants are not entitled to participate in voting.
The chairman is elected only from among the owners of apartments in the building. For which it is enough for him to secure at least half the votes . The term of office may be determined individually with the right to extend it by re-election for the next term.
Rules for holding a general meeting of owners + sample minutes 2021
The election and re-election of the chairman of the apartment building takes place during a regular or extraordinary meeting of residents. Each meeting must be recorded.
The protocol will become a document confirming the appointment, as well as establishing the term of office, salary level and list of benefits. At the end of the specified period, the powers of the “house manager” are extended or another is re-elected, usually for 2 years.
Power of attorney
The powers of the owners' representative must be confirmed by an appropriate power of attorney issued by the owners of the premises in the apartment building themselves. This is mandatory if the chairman of the board has the authority to sign management agreements on their behalf. Also the civil code in Art. 182 regulates issues of representation of one citizen on behalf of another (or group of persons). It occurs only on the basis of a power of attorney.
If the owners do not give the “house manager” the authority to conclude transactions, it is not necessary to issue a power of attorney to him.
How are salaries determined and how are they paid?
There is no such thing as the salary of the chairman of the housing cooperative. The question arises - how to pay the chairman of the housing cooperative? This person does not have a fixed rate, and all because some residents may be indignant, because not everyone believes that the chairman’s work is necessary and does not delve into the nuances.
REFERENCE: The salary of the chairman of the housing cooperative is formed from a percentage of remuneration. This means that for each work carried out by the chairman, he receives a certain percentage, which is his earnings.
Once a quarter, the head of the housing cooperative is obliged to report to residents about the amount of his income for the current month.
Therefore, residents also have the right to control the income of the head of the housing cooperative, especially since it is entirely made up of the residents’ contributions.
What is the chairman's responsibility?
The chairman is a person who, in addition to rights and duties, bears responsibility.
Namely, the head of the housing cooperative is responsible for all actions that were carried out not only by himself, but also by other employees.
The responsibility of the chairman of the housing cooperative may be administrative if he violated any regulations.
Also, liability may be material in a situation if the head of the housing cooperative spoiled something, or in some other way influenced the fact that the residents and the apartment building as a whole incur losses.
There is a possibility of obtaining criminal liability in a situation where the head of the housing cooperative has committed a crime. If you follow judicial practice, most often you may encounter the fact that the chairman is engaged in misappropriation of funds and fraud.
Additional requirements for officials of a housing cooperative
The housing law establishes certain requirements for citizens representing a cooperative. Special requirements are also put forward for chief accountants, or ordinary accountants, if the staffing level of the cooperative does not provide for the position of chief accountant. The positions in question cannot be held by:
- Citizens who have been subject to criminal liability for crimes committed intentionally.
- Persons, if an administrative penalty in the form of disqualification has been applied to them, and its period has not yet expired.
- Persons who previously held leadership positions in the field of construction, repair, reconstruction, design, engaged in activities as individual entrepreneurs in cases established by the Housing Code of the Russian Federation, namely when these persons are excluded from SROs - non-profit organizations in the specified professional fields, or when persons are declared bankrupt. If less than three years have passed since exclusion from the SRO or bankruptcy.
How does the change happen?
A change in the head of the housing cooperative occurs when the employment contract expires. In some situations, when the chairman or the residents want it, the meeting decides on the early dismissal of the chairman of the housing cooperative from his position. Let's look at a situation in which the employment contract has expired.
After the contract has expired, a meeting of residents is held and new candidates are considered. A person is selected who is appointed chairman of the housing cooperative. Within two weeks, the old chairman must bring the new one up to date, help with paperwork, and familiarize him with reporting.
Check out other articles about housing cooperatives. Read about how this body is created and registered, how to fill out applications and certificates to the housing cooperative and what fees members of the cooperative are required to pay.
How to properly conclude an employment contract with him?
This is an elective position, but the person who occupies it often signs an employment contract with the chairman of the housing cooperative. According to the Labor Code of the Russian Federation, such an agreement can be signed between the employee and the employer. Naturally, the chairman himself is the employee. But the employer in a housing cooperative is usually considered to be the general meeting of all participants in the organization , since it is the highest governing body.
Most often, the document is signed by the board member who has been entrusted with this responsibility.
The law does not prohibit choosing an authorized person among all members of the housing cooperative , but then this norm must be specified in the Charter of the housing cooperative.
In addition to choosing a person to represent the cooperative as an employer, its members also decide on the payment of the manager’s work and approve a new cost estimate.
