You can find out about the rights and obligations of the HOA to its residents, and whether it has the right to turn off the lights to utility service debtors on our website. Sample applications to the HOA about apartment floods and lack of heating are available.
Grounds for re-election of the chairman of the HOA
Let's look at the main reasons that may entail such a procedure as re-election.
Let's start with the fact that each homeowners association has one important document, which is a local regulatory act.
This is the organization's charter, which is adopted from the very beginning of the partnership's activities.
This charter document specifies the term for which the person heading the partnership is elected. As a general rule, this period is 2 years , which is largely understandable.
However, in some cases, when the owners of the apartment building themselves, as well as members of the board, want it, the period can be extended by introducing changes to the charter , registered in the minutes.
It is during this period that the manager can carry out all the necessary actions so that the owners have an opinion about his activities.
If the term of the employment relationship between the owners and the chairman has expired, and the residents of the apartment building do not want to elect the head of the homeowners association for a second term, then they can initiate a re-election procedure.
Thus, we can conclude that the reason for re-election may be the banal end of the term of work under the charter .
The second reason for organizing the re-election of the chairman is the refusal of the head to occupy his position . This can happen due to various life circumstances that will force the chairman to leave his post.
The third reason, which is the basis for re-election, is the reluctance of residents to see this person in the post of chairman. This can happen if the chairman has committed any serious offenses and he cannot hold the said position.
There are other reasons for re-election, but they are rare enough and individual enough to be considered a general practice.
Learn from our articles about how to understand which HOA serves your home, whether you can leave it or liquidate it for inaction, as well as what a manager is and what he should do.
Watch the video: What is the HOA chairman responsible for?
What is the chairman of the HOA responsible for?
Can the board be re-elected?
The chairman of the HOA should be interested in timely maintenance of the house and surrounding area, keeping them in perfect order and constant improvement. This is understandable, but in practice it does not always work out this way. It happens that an organization’s budget is not spent wisely or it is not at all clear what it is being spent on. Any owner of an apartment in the building should know that an unscrupulous head can be removed and re-elected.
Grounds and reasons for the re-election of the chairman of the HOA:
- constant ignoring of the demands and requests of the residents of the house;
- misappropriation of funds or their obvious embezzlement;
- non-compliance with decisions made by a member at the general meeting;
- extortion against members of the HOA.
Reference. The rules for the work of the partnership are established by the Housing Code of the Russian Federation (Articles 135 - 152), as well as the Civil Code of the Russian Federation (Article 291).
Where to begin?
So, in order to carry out the re-election procedure, it is necessary to carefully prepare.
First of all, you need to warn all residents that a general meeting is planned .
Only on it can the re-election procedure be carried out. For this purpose, residents are notified of such an event.
They need to be notified in person, or by means of an announcement posted in a crowded, public place.
Another important preparatory step is preparing the persons who are ready to take the chair.
In case of failure to fulfill duties
How to remove from office if the head of the HOA does not fulfill his duties?
He can be replaced, in most cases, if he does not fulfill his duties, but regularly receives his reward.
As a rule, this is the main reason why residents want to say goodbye to a given person at the post.
How to remove the head of an HOA? What is the procedure?
Step-by-step instruction
How to re-elect the chairman of the HOA? In order to understand how to re-elect a chairman, you need to study the procedure provided for this case, as well as build a step-by-step procedure.
This way you will be able to understand the entire technology of the procedure, and will not make serious mistakes in voting.
First of all, you need to make sure that all residents have received an invitation to the meeting . Just as you should have candidates for the position of chairman in stock. If all this is ready, you can proceed to action.
The re-election procedure begins with a general meeting. The secretary keeps his minutes. Through voting , it is decided which of the candidates for the position of chairman should replace the former leader.
A new leader is elected through voting.
It is important to realize that the decision will be lawful only in a number of cases defined by law, if the majority of the residents of the house are present at the meeting .
The person who received the most support during the voting process, and therefore the majority of votes, becomes the new chairman. The secretary records the entire course of the elections, as well as the counting of votes in the protocol.
The importance of protocol cannot be underestimated . This document will allow the chairman to defend his right to his position in the future if they want to remove him a little ahead of schedule.
Watch the video: Procedure for electing the chairman of the HOA
Election of the chairman of the HOA/housing cooperative
What else?
Other rights of the HOA board include the following:
- The partnership can conduct settlements under contracts with both individuals and legal entities for services rendered.
- According to the procedure prescribed by law, the HOA can turn to the bank or to private individuals for credit funds.
- His competence includes the sale, exchange and rental of property, including real estate. For example, the HOA has the right to collect fees from entrepreneurs who want to rent space in the building for office or trade.
- The HOA calculates rent based on cost estimates.
- It also collects this rent from the owners and tenants of the apartment building.
- Also among his rights is the adoption of legal measures against persons who owe rent or rent, which must certainly be reflected in the minutes of meetings of the HOA board.
Who can initiate the procedure?
If you want to re-elect your HOA manager, but do not dare to undertake this procedure because you believe that you do not have the right to initiate the re-election procedure, then you are mistaken.
In fact, the initiator for this can be any person who is part of the partnership . This could be the manager himself, if he decided to leave his post on his own.
Don't forget about board members who also have voting rights. If they are dissatisfied with the activities of the chairmen, moreover, they have found any mistakes in his activities, then they can also initiate re-election.
The re-election of the chairman can be initiated at any stage of his leadership . It doesn't matter how much time has passed since the election. They may demand that the manager immediately leave his post.
If government bodies, such as the prosecutor's office or housing inspections , have found violations in the activities of the chairman, they can also demand that the head leave his post.
As you can see, the initiators of the procedure can be many people; it remains to understand the main stages of the procedure.
After a new person has been elected, the leader does not leave his post. He must transfer his powers in the proper form and bring the person up to date . Let's consider how feasible this is.
Documenting
The minutes are drawn up by the secretary of the meeting. The document is drawn up on clean white A4 sheets. Can be in printed or handwritten form.
The protocol includes:
- The grounds that led to the re-election of the chairman.
- Method of voting.
- List of those present and candidates.
- Voting results.
- Date of voting.
Attention! The document is signed by all members of the meeting and has legal force within the partnership, so it cannot be ignored. Subsequently, the fact of the elections being held is confirmed by this protocol.
Procedure for transferring cases
After the voting procedure has taken place, and the chairman has nominally left his post, and a new person has been chosen, it is necessary to transfer the matter to new management .
To do this, the old manager remains at his post for a period of two weeks in order to dedicate the new manager to all the details and nuances of management.
Also, the chairman prepares reports in which he reports on the work done and talks about what tasks remain unfinished. All documentation is transferred to new managers, as well as members of the board of the partnership.
According to the general rules, the seal of the partnership is transferred to them, and after the new manager assumes his rights with additional registration with the tax office, it is transferred to him.
The new manager should also get acquainted with the accounting documents and check the state of the budget (a sample estimate of income and expenses is on our website). After the two-week period, the new manager must be fully aware of all the responsibilities assigned to him by the new position.
Form p 14001 for registration with the tax office when changing the chairman of the HOA.
Watch the video: Pros and cons of HOAs
Pros and cons of HOAs
Legislation
- The Civil Code of the Russian Federation regulates relations in the field of property and non-property rights and contractual obligations.
- The Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ establishes criteria for the quality of service provision in housing and communal services. Article 149 of the Housing Code of the Russian Federation is devoted to the status of the chairman of the HOA.
- Federal Law of the Russian Federation dated August 8, 2001 No. 129-FZ “On state registration of legal entities and individual entrepreneurs.” It is applicable to HOAs, since they carry out their activities similarly to other legal entities.
- Government Decree No. 491 of August 13, 2006 “On approval of the rules for maintaining common property in an apartment building” lists the nuances of the partnership’s activities.
- Charter of the partnership.
- Job description.
Tax registration
The new chairman is required to register with the tax office in order to have access to the funds of the partnership, as well as pay the necessary taxes and interest on the fee.
Therefore, immediately upon taking office, he must appear at the tax office . The manager must have with him a passport, a protocol that reflects the progress of the election of a new chairman at a general meeting, as well as the statutory documents of the partnership.
The tax inspectorate gets acquainted with the package of documents within one week, and if everything is in order, the new manager receives registration with the tax office.
The protocol for the re-election of the chairman of the HOA is a sample.
Sample order for the new chairman of the HOA board to take office.
Removal of powers
The transfer of cases
The chairman must be familiar with the minutes of the meeting, as evidenced by his signature. At the moment of signing the protocol, all powers from the manager are removed. The former manager transfers all documentation to his successor and also reports.
Provides reports:
- on the amounts of funds in the partnership’s accounts;
- about funds spent (how much and for what needs) during the last year;
- about events planned in the near future.
And, of course, it’s good if a new person is brought up to speed.
Dismissal at your own request
A change in the head of the HOA, in addition to his removal from office, may occur due to the end of his term of work established by the Charter, illness, or retirement.
Regardless of the reasons for the change of leader, he needs a replacement. The selection procedure follows the same rules.
Reference. The new chairman is appointed for the period established by the Charter, but not more than two years.
