Power of attorney for apartment management: procedure for registration

How to draw up a power of attorney correctly

A power of attorney intended for the management of real estate is drawn up by a notary. The document is created in writing.

A document that is intended to provide the right to manage a property must include the following items:

creation date;
place of registration;
Full name, passport information, date of birth and place of residence of the authorized person;
exact address of the real estate;
list of powers transferred to the authorized person;
information about the notary performing the power of attorney;
individual serial number in the register;
the amount that must be paid for the actions performed by the notary;
seal and signature of the notary.

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How to issue a general power of attorney

To obtain a notarized power of attorney, the presence of an authorized person is not required.

All you need is the passport details of the representative. The consent of the trustee to represent the interests of the property owner is also not required.

The notary has a lot of prepared authority stamps, so you can receive a ready-made power of attorney in one hour. You have the right to ask the notary to include certain clauses, names of organizations in the text of the power of attorney, or to exclude some powers from the prepared template.

Any capable citizen over 18 years of age can apply to a notary for the issuance of a power of attorney. The maximum validity period of the document is 3 years. If the period is not specified, then the duration of the power of attorney is 1 year from the date of its signing.

Sample of a notarized power of attorney:

Read: Giving up a share in an apartment: how to give up and how much it costs in 2021

Legislative basis

Before registering a power of attorney, each property owner should familiarize himself with the legal framework regulating the mechanism for carrying out this procedure.

The good news for the above-mentioned citizens is the fact that almost all information about the representative office and everything connected with it is in a separate chapter of the Civil Code of the Russian Federation.

According to Chapter 10 of the Civil Code:

representation is a special event when one person, acting under a power of attorney on behalf of another person, takes some steps on behalf of the principal;
a representative in any agreement must fully reflect the will of the person who granted him authority. Actions of a representative taken in his own interests under any agreement are unacceptable. Acting through a proxy is prohibited in situations clearly established by law;
the attorney must act with the approval of the apartment owner. In situations where an agreement was concluded without such approval, the outcome of the transaction may be either approved or contested by the persons whose interests the representative was supposed to represent;
The main document that confirms the granting of authority is a power of attorney. A power of attorney in fact is a documentary authority granted by one person to another and gives the right to represent his interests;
the document must be drawn up in strict accordance with the current rules of law and not violate them.

Remember! For a clearer understanding of the essence of the concept of “representation”, it is better to independently familiarize yourself with the chapter of the Civil Code dedicated to this topic. It covers all the legal details that need to be taken into account when creating any type of power of attorney.

Power of attorney for registration of ownership of a land plot.

How to issue a power of attorney for the right to sign, read here.

Is it possible to register a person under a power of attorney from the owner, read the link:

Inheritance by proxy

The Civil Code allows you to enter into the right of inheritance by proxy. However, it should be taken into account that the power of attorney must be executed in accordance with all the rules and regulations of the law. It must clearly state that the principal's representative can apply for inheritance rights and receive a certificate, as well as prepare all the necessary documents.

If an inheritance arises as a result of the death of one of the spouses in an official marriage, the second must submit a corresponding application to the notary conducting the inheritance case. It aims to allocate the legal share in the property of the deceased spouse. There are other situations. If the application is not submitted, the property will be divided according to law among all heirs. This can be done either in person or by drawing up the appropriate document for a third party. A sample power of attorney to dispose of property is presented above.

Types of powers of attorney for apartment management

Depending on what the document is drawn up for, it is divided into three types:

one-time power of attorney. Issued for the conclusion of one agreement or the performance of one action relating to specific real estate by a trustee;
special power of attorney. Grants the right to the authorized person to enter into a specific type of agreement or take other actions that relate to a specific apartment. The power of attorney is issued for a certain period of time;
general power of attorney. It is a special type that allows the attorney to enter into a wide range of different agreements or carry out a number of actions that relate to the principal’s real estate. This type of power of attorney is issued for a certain period.

The information considered reflects the basic principles of creating powers of attorney for the management of real estate. Therefore, every possible principal needs to take it into account.

Required documents

A power of attorney for the management of any real estate, in particular an apartment, must be executed in writing and notarized.

Before going to the notary's office, you need to prepare the following package of documents:

a document that identifies the owner;
passport information of the representative for whom the power of attorney should be issued;
title documents for real estate.

If necessary, the notary has the right to request additional information, but most often the mentioned documents are sufficient.

Watch the video. All about issuing a power of attorney:

Registration procedure

It is worth learning more about the mechanism for implementing such a legal procedure.

According to the current legislation of the Russian Federation, a power of attorney must be created in writing and be notarized. Failure to comply with such legal requirements will result in the power of attorney being invalidated.

The mechanism for creating a power of attorney consists of the following steps:

the future principal visits the notary;
The notary creates a power of attorney according to the form he has. The contents of the document must record the conditions on the basis of which the attorney will be able to dispose of the property, as well as the time frame for its action;
After drawing up the power of attorney, the notary is obliged to check it for correctness. If the required documents are correctly drawn up and present, he will officially record its effect by certification. If there are inconsistencies that prevent the notary from carrying out this action, he will notify the principal and the attorney and invite them to correct the problems.

Important! Creating a power of attorney to manage an apartment and comply with all legal requirements is not that difficult. The main thing in such an action is to adhere to the above rules and provisions of regulatory legal acts of the Russian Federation.

Donation by power of attorney

A deed of gift is a document according to which property is transferred to the donee free of charge. Moreover, such transactions are unconditional. That is, the conditions for receiving property cannot be specified in the act of donation, since this does not comply with the law.

One of the significant features of such a transaction is that it can be protested. A deed of gift can be revoked in court if the donor’s living conditions have deteriorated significantly or he has been under pressure from the recipient.

For what period is it issued?

For what period of time can a power of attorney be issued for residential property? Current legislation states that when creating a power of attorney, you can fix the duration of its validity, or you can not do this.

If you specify the exact period of its validity, you should further focus on the expiration date of the power of attorney.

If the principal has not recorded the time period for which the power of attorney is granted, then the provisions of Article 186 of the Civil Code are used to determine it.

This rule of law establishes the following guidelines:

on the territory of Russia and abroad, the validity period of a power of attorney is one year from the date of its preparation in a situation where it is not recorded in the power of attorney;
Abroad, a power of attorney issued by a notary continues to be valid until it is canceled by the principal, but only in a situation where there is no expiration date.

Purchase and sale by proxy

In this case, the process of completing a transaction from the technical side is not much different from a regular purchase and sale without a power of attorney. The standard package of documents is supplemented directly by this paper and documents confirming the identity of the owner’s representative. An important nuance is that the power of attorney must clearly state the powers of the representative. This will be needed later when registering the transaction in the state register. It is also necessary to provide, among other things, a general power of attorney.

Concluding transactions on the basis of a general power of attorney is a common practice. This is primarily convenient for the owner, since he does not have to waste time on meetings with a realtor, lawyers, etc. Sometimes health does not allow the principal to take part in such events. In any case, a document of this kind can become a simple, and most importantly, legal option for resolving the situation.

Termination of power of attorney

The list of grounds is contained in Article 188 of the Civil Code.

According to this rule of law, a power of attorney is terminated in the event of:

expiration;
cancellation of the action by the principal;
refusal to perform his duties as an attorney;
liquidation of an organization if it acts as a principal or trustee;
the death of the principal or attorney, as well as in situations where one of them is declared incompetent, partially capable or missing;
declaring a principal or attorney bankrupt in situations where they are deprived of the right to act as a principal or attorney.

Please note! The owner of the apartment has the right to revoke the power of attorney for the property at any time. To do this, you need to visit a notary office in any locality and write an application. The reasons for its termination are irrelevant.

After the power of attorney terminates, the principal must inform the attorney.

Power of attorney form

In essence, a power of attorney to dispose of property is no different from trust documents of any other nature. There is also no need to use a unified form here. The document is drawn up in a free style. The main thing you need to pay attention to is providing reliable information about the principal and his attorney.

When it comes to property, we often mean houses, apartments, cars. But often other property becomes the object of the transaction: land plots, cash and non-cash funds, securities. It doesn't matter what kind of property we are talking about. When drawing up a power of attorney, detailed information about it is entered into the document.

Kinds

There are several types of powers of attorney. All of them are aimed at providing the representative with certain rules. But the difference between them is the powers. Some are drawn up to perform a single action, while there are powers of attorney that grant a full range of powers. So, there are three types of powers of attorney:

Special . Typically, this type is used when the attorney needs to perform similar procedures on an ongoing basis.
One-time . Judging by the name, you can guess that this document is drawn up in the case when the services of a representative need to be used once.
General . We can say that the owner of such a power of attorney has practically the same rights as the owner of the property himself. That is, the representative has the right to fully dispose of someone else’s property at his own discretion. It is also allowed to sell it and receive money for it.

( Video : “Everything about drawing up a power of attorney”)