The activities of the HOA to maintain common property and provide residents with utilities are regulated by the Housing Code, the charter and decisions of meetings of the partnership participants.
The decisions of the meeting are formalized in the form of minutes, which are the legal basis for the execution of such decisions. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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Grounds for electing the head of the partnership
The main basis for electing the chairman and persons leading the organization is the creation of the HOA as a legal organization, as provided for by law. Elections of the head and board of the partnership are carried out on the basis of the adopted charter of the HOA, which regulates the entire process of activity of the created structure.
The adopted charter determines the procedure for election, establishes the term for which the chairman is elected, and also indicates other grounds that may serve as a reason for holding elections. Such cases provided for in the document include:
- creation of an organization;
- the end of the term of office specified in the charter;
- refusal of a manager to resign from a position;
- initiative of homeowners who are members of the organization, etc.
Reference. The grounds for the extraordinary re-election of the HOA management may be different, but most often they are related to the unsatisfactory performance of the created structure and serious violations identified during the inspection.
We talk in detail about the order in which the chairman of the HOA is changed here.
How to compose it correctly?
Compilation should begin with the title page. At the top you need to indicate the name of the housing association, as well as the full name of the secretary and chairman leading the meeting. Below is the date of completion and the invoice document number from the beginning of the calendar year. Next comes the content part.
The document should not be drawn up later than ten days after the collection. The date of completion should indicate the date of the final counting of votes by the counting commission (clause 6 times 2 of order No. 937).
In most cases, the counting of votes takes place on the day of the meeting; if the counting of votes is postponed to another day, then the application must indicate the location of storage of the voting ballots and the full name of the responsible person - a member of the partnership.
According to paragraph 16 of Order No. 937 of the Ministry of Construction, when drawing up agenda items it is not allowed:
- combining questions of different content into one;
- vague wording that can be ambiguous;
- inconsistency of wording with legal requirements (if any).
At the end, you must indicate the storage location of the document, specified in the charter of the housing association, as well as the signature of the chairman and the secretary who filled out the document.
Legislative acts
The procedure for electing officials in the HOA is regulated by Article 145 and Article 147 of the Housing Code of the Russian Federation. Regulatory clauses define the general meeting, consisting of members of the organization, as the main governing body in the entire structure of the created partnership.
According to Article 145, the powers of the general meeting include all issues related to the activities of a non-profit structure, as well as making decisions on the election of the chairman of the HOA and the board.
Article 147 of the LC regulates the appointment of officials in the partnership and determines their powers in approving decisions made.
The adopted charter is the only legislative document that regulates the entire process of activity of the created structure. Changes to this document can only be made by decision of the residents at a general meeting.
The procedure for convening a general meeting and the form of its conduct
The previously in force Federal Law 66 on horticultural and vegetable gardening associations of citizens regulated in detail the procedure for convening a general meeting of SNT members. Federal Law 217, which entered into force on January 1, 2019 (in its main part), introduced some changes to this procedure.
As before, it is held at least once a year and is valid if at least 50% of the partnership participants participate in it. This body resolves the most significant issues regarding the activities of a non-profit organization:
- admission and exclusion of new participants;
- approval of redevelopment projects;
- handling complaints, etc.
From 01/01/2019, the rules for making decisions by voting have been changed. Some issues are resolved by a simple majority, but there is a list of decisions that are made if at least 2/3 of the participants vote for them:
- amendments to the charter;
- election of governing bodies;
- making decisions on the acquisition of land plots and public property (its creation), etc.
Previously, the law defined such a form of holding a meeting as a board of commissioners. As a result of changes made to the law, Article 17, which defines the competence of this body, lost its reference to the board of commissioners.
Later, Explanations of the Ministry of Economic Development of the Russian Federation dated 04/01/2019 were given on this matter. Ministry specialists emphasized that the possibility of participation through a representative has not been canceled: in this case, there is no need for personal presence. Any member of the SNT can draw up a power of attorney and transfer their rights to a representative. The Board of Commissioners can still be legally convened if the powers of the trustees are properly documented.
Sample power of attorney
Another form is an extraordinary convocation, which is held upon request:
- board of the partnership;
- audit commission;
- 20% percent of SNT members;
- municipal authorities.
A mandatory document that formalizes all decisions of the main management body of the partnership is the minutes of the general meeting of SNT members. In the absence of this form, it will be impossible to prove the validity and the very fact of the decision being made.
Sample minutes of the 2021 SNT general meeting.
Legal implementation of the election process of the chairman
The election of the head is carried out by holding a general meeting to discuss the nominated candidates and approve the decisions made by the main management body.
The initiator of the election of an official in the HOA can be citizens who are members of the HOA.
Reference. The existing method of holding elections involves drawing up a protocol of election, which becomes the main document for the term of stay and activities of a citizen in the position of leader established by legislative acts.
Competence and powers of the meeting of HOA members
Responsibilities of the Homeowners Association
g loading=”lazy” class=”wp-image-15 alignright” src=”https://uslugi-gkh.ru/wp-content/uploads/ofis.jpg” alt=”” width=”348″ height= "253" srcset="https://uslugi-gkh.ru/wp-content/uploads/ofis.jpg 446w, https://uslugi-gkh.ru/wp-content/uploads/ofis-300×218.jpg 300w" sizes="(max-width: 348px) 100vw, 348px">The meeting of partnership participants has a number of rights and obligations. According to Article 145 of the Housing Code, members of the HOA can, by voting:
- make changes to the constituent documents of the organization if necessary (re-election of the chairman or members of the board, amendments);
- terminate the activities of the partnership (with or without the subsequent formation of a new legal entity);
- select from among the participants representatives (chairman and members of the board) who will protect the interests of owners in government bodies and housing and communal services organizations, as well as early remove them from their positions;
- select participants to carry out internal financial control - an audit commission that will periodically check the actions of the management persons of the partnership, monitor the organization’s expenses and cash flows, monitor interactions with suppliers and contractors, and check the correctness of accounting documentation;
- resolve financial issues: establish the amount of homeowners’ contributions to the HOA fund, create cash reserves in banking organizations (deposits and savings accounts for repairs, landscaping, payment for hired personnel), make decisions on obtaining bank loans;
- formulate an annual plan of income (owner contributions, rental of common property, non-residential premises, advertising space) and expenses (major and cosmetic repairs of common premises, entrances, stairs and stairwells, elevators, courtyard areas, costs of operation and replacement of equipment, wages payment of employees of the organization);
- approve the annual report on the activities of the partnership, approve reports of the audit commission, audits, financial plans for the next reporting period;
- consider complaints received from homeowners or other persons against representatives of the organization (chairman, manager, members of the board) and against the actions of inspectors;
- hire and fire employees (accountants, cleaners, janitors, concierges, electricians, repair crews, plumbers), draw up a staffing table, set wages;
- determine whether the managing persons of the partnership (chairman, board) will receive payment for their work and in what amount.
Who is eligible to apply for the position?
The created partnership, guided by Article 147 of the Housing Code of the Russian Federation, elects members of the board from among the citizens who are members of the organization . The number of officials may include only those citizens who are the owners of premises in the established organization and are its full members.
The board of the HOA, based on legislative acts, elects from among its members the chairman of the partnership (the question of whether a non-owner of a home in an HOA can become a candidate for its chairman is discussed here). Such actions are provided for in the event that the right to elect a leader is not transferred by the organization’s charter to the competence of residents.
Rights
The rights of board members include:
- organization of HOA activities;
- control over the timely provision of housing and communal services and their payment;
- organization of landscaping works;
- monitoring the condition of technical premises, equipment and mechanisms;
- administrative office work, control over the activities of the chief accountant;
- obtaining information necessary to exercise rights.
The list of rights must be reflected in the HOA Charter.
Composition and required number of persons
Preparations for the election of the head of the HOA include notification of all members of the non-profit structure created by the owners to participate in the election process. The quantitative composition of the general meeting may vary , but the decision to elect the chairman is made by the number of votes provided for in the charter of the partnership, provided that such powers are defined by the charter and transferred to the public.
Article 147, paragraph 6 regulates the issue of holding meetings, as well as issues related to the adoption and approval of decisions by officials managing the organization.
According to the law, approval of a candidate for the position of chairman of the HOA, if such actions are confirmed by the charter, can be carried out provided that the majority of the board from among those present at the meeting votes for the citizen. The charter of the partnership can change the existing legislative norm by making changes to the internal document of the organization at the meeting.
When is it necessary to take minutes of meetings?
Such a document should be drawn up in any situation when decisions made concern the entire company, organization or affect the interests of the owners. For example, it is a necessary document when registering an LLC. This form is actively used when developing the main course of company development, determining a new trade policy, selecting suppliers, organizing work with clients, and so on. To summarize, it must be said that the paper must be drawn up in all situations when the management and/or owners of the company convene. The paper is an official confirmation that all interested parties agreed with the decisions made.
Dependence of elections on the number of participants
The adoption of approved decisions requires the presence of a quorum. The quorum is calculated using a special formula, where the area owned by the HOA members who came to the meeting is multiplied by 100 and divided by the total area of all premises managed by the partnership.
Persons who come to the meeting mark their personal presence by signing on the registration sheet. The document reflects the full name of the owner, the area of the premises belonging to him and the number of available votes that the owner of the property has.
The board of the organization has the right to make a decision by a majority vote if the meeting is held in the presence of at least half of its members, unless otherwise provided by the charter.
Part of the organizational work in the partnership, in addition to the chairman of the board, is also performed by the manager. You can learn more about these positions in the following publications:
- What are the responsibilities of the chairman of the HOA, what are his rights and responsibilities to the residents of the apartment building?
- How is the chairman of the HOA paid?
- Is it necessary to conclude an employment contract between the chairman and the HOA?
- What are the differences between the job descriptions of the chairman and the manager of the HOA?
- How to correctly draw up an agreement between the HOA and the manager: structure and content of the document; sample.
Where to begin?
The procedure for forming all management bodies is carried out at a general meeting after the decision to create an HOA is made.
Naturally, a candidacy is required for elections. The chairman of the partnership, as the leader and representative of the organization, is subject to special requirements.
Who can become one? Firstly, he must be the owner of the housing in the apartment building where the HOA has been created.
That is, an outsider can no longer apply for this position.
Secondly, he must be a member of the board of the partnership.
These two conditions must be met.
It is desirable that the future leader has all the qualities necessary for this position.
Higher education and management experience will be helpful.
Find out from our articles about how to determine which HOA serves you, how to complain about it or leave it with the whole house or one apartment, and whether the association can be liquidated due to inactivity or bankruptcy. You can download sample applications to the HOA about flooding, roof leaks or lack of heating here.
For how long are they appointed?
The legislation notes that the officers of the partnership are elected for a period established by the organization’s charter, but the established period cannot exceed two years .
In some cases, the tenure of a manager in his position may be extended by decision of the general meeting. For this purpose, it is proposed to make changes to the charter of the partnership, which is reflected in the minutes.
Reference. At the end of the term of office of officials stipulated by law, new elections are initiated.
What is a real estate owners' partnership (TSN)
The partnership assumes responsibility for the formation of supervisory and management bodies created to coordinate and make decisions by its members and other legal entities (for example, to carry out construction work or connect to the housing and communal services network). The main governing body of the association must make decisions on establishing mandatory contributions for members of the organization.
According to it, TSN is an association of real estate owners who, on a voluntary basis, create a partnership to organize joint ownership, use and disposal of real estate. It can also solve other problems that do not violate the law.
Step-by-step instruction
The election procedure involves notifying all members of the HOA about the upcoming meeting. Depending on the activity of the owners, there are two options for voting for specific candidates:
- in-person quorum voting;
- absentee voting, in the absence of the required quorum.
The procedure for carrying out in-person and absentee voting is provided for in Article 48 of the RF Housing Code and involves the following steps:
- Creation of an initiative group from members of the partnership.
- Determining the range of necessary issues to be submitted to the electoral meeting.
- Notifying members of the organization established by residents about the time and place of the meeting.
- Carrying out the procedure for holding a meeting if the required number of votes is available.
- Drawing up the minutes of the general meeting provided for by legislative acts with the adopted decisions included in the document on all issues under consideration.
The absence of a quorum provides for the possibility of absentee voting, where the results of the expression of will can be collected thanks to a survey, which indicates:
- passport details of a member of the partnership;
- details and name of the document confirming ownership;
- written response to the voting results.
Important. Questioning of citizens during absentee voting can be carried out by placing ballots in mailboxes, which, after filling out, are placed in the secretary's mailbox.
Drawing up a protocol
The new law does not establish a specific, unified form of the protocol; it only introduces some requirements for its preparation. Based on the requirements for other organizational and administrative documents, specialists have developed a sample protocol for the general meeting of SNT members; it can be used in their activities.
Basic requirements for the form listed in Federal Law 217:
- mandatory indication of voting results on agenda items;
- attachment of a list with the signatures of all members (or their representatives) who took part, with a personal signature of each participant.
The form is signed by the chairman (not necessarily the chairman of the partnership; by a majority vote of the participants, another person can receive this status). If you voted in absentia, the chairman signs the form.
In accordance with the new Federal Law 217, persons who are not members of the partnership are required to participate in the maintenance of common property, according to which they must annually contribute for these purposes amounts equal to the total established membership and target contributions. They also have the right to participate in the management of the non-profit organization and vote on major issues. Their votes must be formalized in exactly the same way as the votes of SNT members, that is, their signature is required, no matter in what form the meeting takes place.
Documenting
The law requires all decisions made at general meetings of the partnership or meetings of board members to be documented in the form of minutes approved by signatures. Requirements for the content and approval of the document are established by legislative acts.
Minutes of the meeting
The protocol is the main supporting document of decisions taken , which certifies the legality of the voting procedure and guarantees elected citizens protection from the law.
The document is signed by the chairman who was chosen at the meeting of the partnership, members of the board present at the meeting and the secretary taking the minutes. Copies of the approved protocol are sent to the housing and tax inspectorates, and are also attached to the charter adopted by the partnership and are retained for three years.
Order to take office
The public structure created by the residents is an official legal entity, the actions of which comply with the procedures provided for by law, which provide for the issuance of an order on the assumption of the position of the chairman of the board of the HOA. However, according to clause 3.1 of Article 147 of the RF Housing Code, members of the board cannot simultaneously be employees of the partnership.
The appointment order is drawn up on the basis of the completed minutes of the meeting on behalf of the elected chairman, stating that he assumes the position of head of the organization from the date specified in the order. The order is signed by the chairman.
The election of the board of a public organization and its leader is regulated by the charter of the HOA. The Housing Code in its articles indicates mainly the grounds for holding such elections, and also determines the procedure for carrying out the procedure.
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What is contained in the extract from the protocol
An extract from the minutes of a meeting of the board of directors of a homeowners' association is drawn up if it is necessary to provide a document to carry out legally significant actions.
This paper includes the following information:
- name of the partnership, its location or legal address;
- number of the minutes of the HOA board meeting;
- place, time and date of the HOA board meeting;
- information on the availability of the number of participants required to make a decision (50% of residents);
- a complete list of decisions taken at the meeting.
A sample statement can also be found on the Internet. Due to the fact that there is no standardized form of paper, you can use any form.
Only decisions made are reflected in the statement. Issues that are not resolved at the meeting are not listed in the document. The extract is signed by the chairman of the HOA, as well as the secretary of the meeting.
ATTENTION! Look at the completed sample extract from the minutes of the general meeting of owners of premises in the house:
Necessity
The preparation of minutes should be approached seriously and responsibly; this is not a simple paper with the results of the meeting. Subsequently, such a document will be used to solve various problems of the partnership; it has a certain force. The protocol consists of several important parts.
The main one is the agenda and the decisions that were made on each issue on the agenda. Typically, each protocol then performs specific tasks:
- It documents the consideration of issues important to the HOA and decisions on them.
- Becomes confirmation of the legality of the meeting.
- According to the protocol, the rights to carry out any actions in relation to common property and common property are exercised.
The obligation to draw up minutes after each meeting of HOA members is reflected in Article 46 of the Housing Code of the Russian Federation. One of the first such protocols will be a document that reflects the decision to create a homeowners’ association. The partnership must register.
ATTENTION! After this, it acquires the status of a legal entity and can, on behalf of the apartment owners, enter into contracts with utility organizations that will subsequently supply resources and services for the home.
Appeal
This document must be drawn up in accordance with all the rules, following the results of a meeting with the required quorum. On one of the housing and communal services websites you can use the protocol for its further use. If it turns out that there was not the required number of people on the OS board, or that voting was carried out in violation of the law, the decisions will be considered invalid.
A protocol not signed by responsible persons or with a forged signature is not valid. The HOA board, at the beginning of its activities, must determine where all documents will be stored.
