The eldest in the house or entrance: rights and responsibilities, powers and salary, how to find out who is the eldest in your house and whether he has the right to demand money

What does the Housing Code say about elders in apartment buildings and entrances?

According to the Housing Code of the Russian Federation, the management of an apartment building is not always carried out by an HOA or a management company.

If there are no more than four apartments in it, then an MKD council is created. This is not a legal entity, so registration with authorized bodies is not required. They have the right to make important decisions, to resolve general house issues, etc.

The chairman of the council is the head of the house.

Sometimes such a person is called the “chief” of the entrance or house. He has both rights and responsibilities. He can enter into various contracts on behalf of the house, participate in public life, etc. The Housing Code gives him other rights provided for various legal relations.

Elders can be elected both when there is a partnership of owners in the house and when a special management company is involved in the management. ⇐

How to choose the elder of your house

In order to choose a senior, it is necessary to hold a meeting of residents. For such an event to have legal force, it must be recorded. The meeting will be considered valid only when more than half of the residents are present. The elections must be announced several days in advance by visiting apartments or approving an announcement at the entrance.

At the meeting, various candidates are nominated, from which the eldest is selected. The protocol indicates how many votes were nominated and for which candidate. All residents participating in the meeting are required to sign the minutes.

The procedure and rules for holding elections are established by internal local acts of the meeting of residents of the house.

Remuneration, benefits and privileges may be provided for the house committee.

Who can be the eldest

The law states that only a citizen who is a resident of an apartment building can be a senior citizen. Third party citizens are not accepted for such work.

As a rule, the eldest is the citizen:

• responsible;
• having a good reputation;
• initiative;
• fully capable.

Internal local acts may provide for other requirements for elders.

For how long are they elected?

Federal law does not clearly regulate the terms of office of the house elder.

It is worth noting that such deadlines are set at the municipal level. It is equal to two years. The senior can be changed and re-elected after this period has expired. The charter of an apartment building may also 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.

Re-election is confirmed by a report. The head of the house is chosen only at his own request. If he refuses, he will not be included in the list of candidates.

Basic Concepts and Functions

To resolve the issue of responsibilities, you must first determine who the house manager, the senior house manager, is. A building manager is a person whom the residents of an apartment building have entrusted to represent their interests before the Management Company, the HOA. The rights and responsibilities of a house elder are varied, but first of all, the activities of such a representative of the house must be based on the letter of the law.
According to the Housing Code, the law does not provide for the mandatory presence of such a responsible person in the house, and therefore no clear job description for his work has been developed. But often the phrase “house manager” can be seen in various legal acts from local governments, as a result of which the functions and rights of the house manager may vary in different regions.

The most important thing is to resolve the issue at the regional level about the election of a senior person in the house, about who he will report to in his activities. What are the responsibilities of this representative of the residents of an apartment building?

In many regions, the functions of such a person are identical.

• He supervises the cleaning of entrances, stairs, elevators or other common areas. If such work is carried out poorly, the house manager must resolve the issue with the management company.
• The building manager also monitors how the housing office fulfills its contractual obligations. Such obligations may include cleaning, equipment of the local area, its arrangement and maintenance.
• Among the responsibilities of the representative is careful monitoring of compliance with fire, environmental, and sanitary standards in the house. It is necessary to work closely with fire control authorities and take measures aimed at protecting the house from fire.
• The senior person in charge of the house controls the cleaning of the local area and snow removal in the winter. Such a person is obliged to take measures in cases where there are violations in the maintenance of common property.
• Of great importance in the work of a house elder is his initiative and rationalization ideas regarding the maintenance and storage of common household property.
• The house manager is a person from whom residents can obtain the necessary contact information for those operational authorities that maintain the house and resolve emergency situations. This is a competent head of the house, from whom you can find solutions to many issues.
• If the house is undergoing repairs, current or major, the senior must control the quality of all work. He will be an observer at a management company providing public services to the population.
• The representative elected by the general meeting must do everything necessary to help low-income citizens living in apartment buildings, explain to them their benefits for paying for utilities and other issues, and assist social security authorities in this direction. His responsibilities also include cooperation with law enforcement agencies, helping them ensure order in the house.
• Another object of attention is the storage of all minutes of general meetings, technical inspections of common property, and passports for meters. Each inspection report is an important document.

Among the main responsibilities of a house manager is working with residents; they must know the rules for the maintenance and operation of residential and non-residential premises, and public places. He must also monitor whether pet owners adhere to the standards (and this is often a problem).

ATTENTION! When elections for a new house elder are held, the previous one is obliged to account for the work done during the period of his powers.

As you can see, this person has a huge range of responsibilities, therefore, before becoming the head of the house, you should carefully assess your capabilities. For many, it will also be important how much the representative receives for his activities, whether it is worth taking on a huge burden of responsibility.

It makes no difference what the position is called - house manager or house manager - the main thing is to worthily defend the interests of the residents of your home.

Rights, responsibilities and salary

Like any official, the head of the house has responsibilities, rights and powers. The list of rights includes:

1. Prepare documents in the housing and public utilities sector.
2. Manage the house.
3. Carry out the maintenance of the common property of the apartment building.
4. Conduct instructions for new tenants (relevant for Moscow and other large cities).
5. Pay third parties and conclude contracts, etc.

This is not the entire list of rights. Separate local acts establish other powers.

Responsibilities include:

1. Holding meetings.
2. Report to residents.
3. Carrying out scheduled and extraordinary work and their organization and support, etc.

For his work, the senior manager of an apartment building has the right to receive a salary. The amount of remuneration is determined at the general meeting. The owners themselves decide how to pay for such work.

Work is paid according to all rules provided for by labor legislation. This means that personal income tax (personal income tax) can be withdrawn from this type of income. Taking into account all the deductions, the salary of the house manager is negligible and is only of a formal nature. Of course, it cannot be the main source of income. He may refuse to pay for his functions.

Election and re-election - who can become a building manager

Only the owner of the home in the house can claim the title of eldest!

The eldest or the head of the house receives this status as a result of voting. Elections for a house elder are held at a general meeting of homeowners. The election result is recorded in the election protocol. The introduction of such an administrative unit as the upradom depends on the desire of the residents, and in the absence of it among the majority of residents, there can be no talk of elections. The required quorum of votes has been established - 2/3 of the owners. In the absence of the house manager, the chairman of the house council exercises part of his powers.

According to the law, the initiator of the introduction of a building manager can be any owner, both at a regular and extraordinary meeting, which is also held on the initiative of one of the owners, who notified the others in advance (10 days or more) and drew up the agenda for the meeting.

Only a tenant in whose favor more than half of all votes are cast can become a senior.

In apartment buildings, you can choose a senior person using absentee voting. Only owners have the right to vote; tenants do not participate in voting.

The result is reflected in the protocol, and the decision of the elections is binding on all residents, whether they took part or not.

The senior can be re-elected in a similar manner to the appointment. Elections are being held, OS. Re-election either extends the term of office or terminates it early.

Salary, its amount and who should pay it

The house manager receives a salary for performing his functions. The salary of the house manager is set on a principle similar to the election of the house manager himself. At the general meeting of residents, it is determined which method of payments will be made and their monthly amount according to the law.

Payment for senior services can be made:

• By providing discounts on utility bills;
• By monthly collecting funds from the co-owners of the apartment complex and transferring them to council members. This method makes it possible to guarantee the manager remuneration and reimbursement of his personal expenses incurred in the performance of his functions.

Privileges

Moscow Government Decree No. 328 of April 13, 1999 provides for certain benefits for the building manager. These include:

• 100% exemption from payment for waste removal,
• 100% exemption from intercom system fees;
• 100% exemption from paying for concierge services.

There are no other reductions in utility bills.

Employees who are on the staff of a housing organization and who are senior may receive a salary supplement not exceeding 5% of the official salary.

The decision to apply such an incentive measure can only be made by the head of the housing maintenance organization.

You should choose a person to be a house manager not just at random, from among the homeowners in the building, but based on personal qualities. Such a person must enjoy authority among all residents, take a responsible approach to assigned responsibilities, be organized and have basic legal knowledge.

How to find out who is the eldest in an apartment building by his address

When answering this question, it all depends on whose management the house is under. There may be two options:

• HOA;
• UK.

You can find out whether a senior has been elected and who he is by contacting both one and another organization. They are obliged to provide information upon a written application from a citizen and provide contact information upon his request.

If these organizations refuse to provide such information, the citizen can appeal this to the housing inspectorate. If they still interfere with access to information, the citizen has the right to write a complaint to Rospotrebnadzor.

How many votes are needed to approve the reward?

To make a decision on the payment of remuneration to the chairman of the council of the apartment building, a simple majority of votes is required on the total number of votes of the owners of premises in the apartment building taking part in the meeting. This general rule is established in Part 1 of Art. 46 of the Housing Code of the Russian Federation and in terms of remuneration there is no exception in the form of a decision being made by at least 2/3, etc.

As a result, for reward it will be sufficient to have a quorum of more than 50% of the number of votes in the house + from this quorum the majority of votes participating in the meeting must vote.

How to get re-elected

A given citizen can be re-elected in three situations: when he himself desires it; when the term of office expired; when he committed the offence.

Homeowners have legal grounds to elect a new “headman” for their building or the entire house. They can unite and file a petition against the incumbent. This occurs when, for example, he steals, fails to fulfill his duties, or otherwise interferes with the functioning of the management of an apartment building.

Re-election is marked by a corresponding announcement and is also recorded.

How to remove authority from the senior person at the entrance (house) legally competently

In a situation where the issue could not be resolved by holding a general meeting, you have to resort to legal means of protecting your rights. This includes writing a complaint to:

1. Housing inspection.
2. Rospotrebnadzor.
3. Court.

As lawyers recommend, residents should unite to achieve this. Only then can we hope to resolve the conflict in favor of the applicants. You must complain by submitting a written statement. Verbal complaints, as a rule, remain unanswered. Legal liability for a complaint may arise both within the framework of administrative and criminal legislation if the unlawful behavior of an objectionable elder is proven.

Where to complain about the elder in the apartment building or entrance

Very often the question arises - where can you complain and how to find the authorities. Such provisions are enshrined in law. According to them, first of all, the conflict can be resolved by contacting the management company or the homeowners’ association, depending on which method of managing the apartment building was chosen.

Citizens are also given a choice and the right to appeal to:

1. Housing inspection.
2. The prosecutor's office.
3. Court.

The latter is used very rarely. This only happens in a situation where the manager’s actions are clearly illegal.

The eldest woman in the house demands money, is it possible not to pay?

According to current legislation, residents are required to pay fees for major repairs, utilities, etc. If the charter provides for remuneration for a person in such a position, then this must also be paid.

In a situation where the elder demands the payment of funds for some other purpose, citizens have the right, on completely legal grounds, not to pay them, and also to file a complaint with the authorities that have already been indicated above. Since the house manager is not an official (unlike, for example, deputies), it is impossible to prosecute them for bribery or extortion under criminal law.

Remuneration is set at a general meeting of owners

The general meeting of owners has the right to decide on the payment of remuneration to members of the MKD council, including the chairman of the MKD council (Part 8.1, Article 161.1 of the Housing Code of the Russian Federation).

The decision of the meeting on remuneration for the chairman of the board of MKD must contain:

— terms of payment of remuneration;

— procedure for payment of remuneration;

— the procedure for determining the amount of remuneration.

Senior at the entrance: how is it different from the senior at home?

The introduction of such a position as a senior entrance manager is relevant in apartment buildings consisting of a large number of entrances. In fact, within the limits of their competence, they are no different from those in charge of the house. They perform the same functions, but only within the entrance.

Nevertheless, the eldest in the house is endowed with a greater degree of administrative actions. The elders at the entrance represent the interests of a separate group of residents at a general meeting of the entire building.

Thus, the introduction of positions of this kind is an effective way to respect the rights of residents, as well as the management of apartment buildings.

Senior job description

How to write a job description correctly?

If the residents are most interested in the senior person in the house fulfilling their rights and responsibilities efficiently, they need to draw up a job description for the elected citizen. In the template version it looks like this:

• First point. Contains general provisions indicating the validity and significance of this instruction, as well as the legal status of the eldest.
• Second point. Defines the basic principles for choosing a senior.
• Third point. Regulates all responsibilities of the senior.
• Fourth point. Expresses all the rights of an elder.
• Fifth point. Describes the responsibility of a senior for failure to fulfill his obligations or exceeding the law.

List of responsibilities

The Housing Code of the Russian Federation does not officially indicate such a position as building manager . Therefore, neither the rights nor the duties of the chief are spelled out anywhere. Each building may have its own regulations, which are determined by the owners. However, as a basis, always use a roughly identical list of responsibilities:

• control over compliance with sanitary and hygienic standards in residential premises and in the local area;
• informing owners about meetings and fundraising for repairs;
• informing residents regarding their rights and responsibilities within the building;
• providing contact numbers and addresses of the main emergency services and housing organizations;
• checking the condition of repair work;
• assessment of the need for major or cosmetic repairs;
• protection of the rights of owners before the housing authority in case of their violation;
• assistance to emergency services (ambulance, gas, fire brigade) and investigative authorities;
• storage of keys to the technical premises of the building;
• storage of important housing documentation;
• creating reports and sending them to the housing authority at the end of each period (usually a year).

Important! The list of responsibilities can be influenced not only by residents, but also by the management company, to which the building’s chief must report and may receive wages.

There is such a position as entrance senior. The responsibilities of the entrance manager are not much different from the work rules of the building manager; it is also advisable to pay the employee. Only the sphere of influence is narrowed - the entrance, not the house. The senior staff at the entrance report to the building manager.

What rights and responsibilities does it have?

The head of the house has a special status. He must perform the work assigned to him, while having additional rights. Main responsibilities of a house manager:

• ensuring the cleanliness of entrusted public areas;
• implementation of compliance with contractual conditions by housing maintenance authorities (improvement, cleaning, repair of entrances to apartment buildings);
• monitoring compliance with property operation standards and taking care of its safety;
• explanatory work on issues related to common property;
• providing information about institutions liquidating accidents;
• participation in resolving conflict situations in cooperation with the Internal Affairs Directorate;
• organizing assistance to low-income families together with social protection authorities;
• responsibility for safe exits (electrical panels), ensuring the safety of the keys to them;
• maintaining documentation about the work and appeals of citizens, preparing annual reports;
• control over the implementation of operational, fire, sanitary, and environmental requirements in the entrusted territory.

The house manager assists the relevant authorities (Ministry of Internal Affairs, fire protection, energy service, etc.) in implementing preventive measures. The head of the house has the rights:

• submit a request to the Criminal Code for the Prevention of Emergency Situations;
• make proposals for the safety of common property;
• evaluate, together with representatives of the management company, the results of the work performed and draw up appropriate acts;
• hold meetings;
• establish measures of influence on citizens who violate community standards;
• be elected to the MKD council or house committee.

These are fundamental rights. Where the apartment building is located is important, and the responsibilities of the house elder differ depending on this . In each region the list can be updated and new items added.

Rights

But the most interesting thing is that the building manager must do all this without being endowed with virtually any additional rights compared to other residents.

Basically, rights are rooted in responsibilities. The “chiefs” have the right to demand something from the management organization. They have the right to control the activities of the housing office in the territory entrusted to them. They have the right to collect complaints from the population and send them to the management company, as well as initiate meetings of residents and even be elected members of the district house committee and district elders. The most unpleasant, but also the most useful right is to control the expenditure of funds collected by the management company for the renovation of premises.

The main question for passive residents is whether the person in charge of the building has the right to make any claims against them, threaten the local police officer and even evict them. The answer is simple: the building manager has the right to take public action against tenants and owners of residential premises and persons living with them who violate the rules for the use of residential premises. That is, the maximum that can threaten you is the loss of several nerve cells from the psychological war with the main person at the entrance, his calls to the local police officer, endless acts and other administrative and public mechanisms of influence on you. You will not face eviction under any circumstances. Therefore, you shouldn’t be subservient to the building manager, but it’s better to maintain relations with him or her at least at a satisfactory level, because the main ones at the entrance are mostly active citizens with a lot of free time, small problems from a quarrel with which you can’t get away with later.

Rent: how much and for what do they pay in different countries?

More details

How to elect or re-elect

The election of a house elder is made on the basis of a joint decision of all owners of the apartment building. To do this, a general meeting of residents must be convened, at which the future chairman of the house committee is subsequently elected.

So, in accordance with paragraph 3 of Art. 45 of the RF Housing Code, in order for such a meeting to be valid, a quorum must be obtained, that is, the minimum permissible number of votes, on the basis of which a decision can be made regarding a candidacy for the position of senior. According to the current procedure, this is possible when apartment owners with more than 50% of the votes of their total number take part in the voting.

The decision made is documented in the appropriate protocol and brought to the attention of all residents of the apartment building.

It is worth noting that any apartment owner can become a house elder. However, as a rule, active and proactive individuals who are ready to take on additional responsibility are selected for this position.

It is also worth noting that sometimes apartment owners are faced with the need for re-election. This may happen in the following cases:

• if he does not perform his duties properly;
• violates the rights and interests of owners of apartment buildings;
• abuses his position;
• if residents regularly complain that he is rude and behaves provocatively;
• other reasons.

A chairman who fails to perform his main functions can be re-elected based on a decision of the general meeting of apartment owners.

The procedure for electing a house manager

The building manager is elected at a general meeting of owners. He can be elected remotely or directly. Most often, a candidate is directly elected when the owners gather in one room and discuss the current issues of the house and how to solve them. But remote voting is also acceptable, in which residents simply put their signatures on the survey form.

Important! Only the owner of one of the apartments in the building stock can become a building manager (or a senior building manager). According to the Housing Code, tenants cannot participate in basic management issues. Their votes are also not taken into account when voting on the choice of house manager. The tenant's opinion can be taken into account if he acts on behalf of his landlord (a supporting document is required).

1. A meeting of owners is scheduled. Turnout should be as high as possible.
2. A vote is taken to appoint a senior person for the entrance or house. Only homeowners vote.
3. By general voting (the signatures of residents left during a remote referendum are also taken into account, but the tenant’s opinions are not relevant) the best candidate is selected. It is desirable that the candidate has experience in contacting the housing office on general housing issues, is older, actively participates in social activities and has good contact with residents, as these qualities are required for a manager.
4. If one of the candidates received more than half of the votes of all owners, a protocol is drawn up on his appointment to the position of senior. The housing office must be notified of the choice of the building manager.
5. If a sufficient number of votes are not obtained, the election procedure may be repeated at the next meeting.
6. At the election meeting, it is recommended to immediately determine the size of the salary of the building manager, because after the election, you need to submit documents for salary registration through the management company.

The protocol is stored in the housing office; from the moment of election, the house manager performs the above duties and has the indicated rights. During the election, the meeting decides for how long the candidate is elected. At any time, the collective of residents can re-elect the elder if he does not meet their requirements.

For what

After all of the above, the question arises - why do people become elders in houses, entrances and even areas? Is there any benefit to this?

And, surprisingly, there are benefits. Most often, the elders in the house get rid of paying some fees, for example, for garbage removal, use of an intercom, concierge services, as well as rent for an apartment, if there is a social rental rather than a simple rental. In most cases, the savings are a maximum of 200–300 rubles per month.

It is clear that this money is nothing compared to the time and nerves spent on all the responsibilities assigned to the person in charge of the house. So they are elected mainly by residents with an active lifestyle, excess energy, and for some reason forced to spend a large amount of time at home. The main reason for this is retirement.

If I were a Sultan...

Now we come to the main question - how, in fact, can you become the main one at the entrance?

In the overwhelming majority of cases, the head of the entrance, as well as the head of the house, is elected at a general meeting of residents by a simple majority of votes, but only on the condition that more than half of the residents officially registered in the house were present at the meeting.

It just so happens that in Russia, and especially in large cities such as Moscow or St. Petersburg, residents are so busy that they do not find time to attend general meetings, and it is very difficult to assemble a quorum for choosing the head of the house. For this case, voting forms are suitable, which you can ask to fill out by going through all the apartments - this method is also suitable.

Article on the topic

Directory for a Resident of an Apartment Building After the head of the house has finally been elected, it is necessary to go with all the documents (minutes of the general meeting) to the district government to officially consolidate the powers of the head of the house or entrance. From this moment on, the elected “chief” can be considered to have officially taken office.

Usually the heads of the house and entrance are elected for a period of one year, but in some cases the duration of their powers can be three years - it all depends on the city. The next time a new building manager can be elected at a meeting of residents after the expiration of the current “chief’s” tenure. Also, if the head of the building does not cope with his duties, you can initiate a vote at the next meeting of residents to terminate his powers and elect a new “head”.

Manager rights

Along with the responsibilities, the head of the building receives a number of rights. They are provided to enable the employee to do his or her job.

Powers of the house elder:

• providing assistance to residents in paying utility bills (paying debts, etc.);
• taking action against apartment owners and tenants who violate the rules of residence;
• initiation of major or cosmetic repairs, any positive changes regarding the maintenance of the building;
• requesting important information from the housing authority;
• convening a council of owners.

Since the list of rights and powers of the building manager is not regulated anywhere , residents can add or remove some items.

• the right to be elected to the house committee;
• right to utility discounts (see below).