Chairman of a housing construction cooperative: rights and obligations, sample employment contract, responsibility under the law

Who is the chairman of the housing cooperative and who chooses him

The chairman of the housing cooperative becomes one of its participants, who was elected by the general meeting of the cooperative participants. The chairman of the housing cooperative is an official who is endowed with a certain list of rights and obligations in relation to the legal entity being created (the housing cooperative, in accordance with the provisions of housing legislation, is necessarily a legal entity that has gone through the full registration procedure with the tax authorities).

The selection of the chairman always takes place at the founding meeting of the cooperative itself, since it is this meeting that should become the basis for vesting the chairman with all his possible powers. That is, the members of the newly created housing cooperative themselves participate in the selection of the chairman, who at the same time act as co-founders of this legal entity. The term for which this position is held is fixed in the Charter of the cooperative. At the same time, neither legislation nor other regulations prohibit the chairman from vacating this position before the expiration of his term of office.

Unlike the manager, who controls the performance of various works by specially hired employees of the housing cooperative, the chairman is primarily engaged in representing the interests of the cooperative itself and its participants, including before government bodies.

The position of the chairman of the housing cooperative and the chairman of the board of the housing cooperative is currently one and the same.

Selection order: procedure

The procedure for electing and assuming the powers of the chairman of the HOA takes place in several stages:

Notifying citizens about the meeting.
Announcement of the agenda for the upcoming election of the chairman.
Election date.
Nomination of candidates.
Direct holding of elections.
Announcement of results.
Signing the necessary documentation and taking office.

The procedure for selecting a chairman is regulated by the internal local acts of the partnership. In the absence of such documents, elections may be declared invalid upon the application of one of the owners of the apartment building.

Chairman's rights

The rights and responsibilities of the chairman of the housing cooperative are fixed, first of all, in the Charter of the cooperative, which is adopted at the founding meeting of the cooperative. The fundamental rights of the chairman include:

control over the lawful use by owners of premises of those residential and non-residential premises that are provided to them , as well as, if violations are identified in terms of compliance with current legislation, take measures aimed at eliminating such violations;
if in an apartment building (in premises owned by individuals or legal entities) an emergency situation arises that threatens damage or loss of property to other owners , if there is consent from the owner, the chairman has the right to enter such premises with emergency service personnel;
carrying out the selection of personnel who will carry out any work within the framework of the created housing cooperative , as well as manage the activities of such personnel, including in the form of generating and presenting reports at meetings of the board of the cooperative;
in the event of a recorded tie of votes during voting at board meetings, the chairman has a casting vote;
the chairman is also given the right to vest members of the board with certain powers , if the exercise of such powers is aimed at satisfying the interests of the participants in the housing construction cooperative;
early release of the position of chairman of the cooperative on the basis of one’s own decision , including due to personal circumstances;
sole representation of the interests of the cooperative in the judiciary also applies to the rights of the chairman. Moreover, such representation is carried out without receiving any type of power of attorney;
if appropriate requests arise from the residents of the house for the issuance of the necessary documents, issue them to them independently and on behalf of the entire cooperative.

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.

Main responsibilities

The key responsibilities of the chairman of a housing construction cooperative are set out in the provisions of Article 119 of the Housing Code of the Russian Federation. Based on its provisions, it can be concluded that the chairman has the following responsibilities:

to ensure high-quality execution of all decisions made by the board of a particular cooperative;
to carry out actions in the interests of the entire cooperative as a legal entity and its participants , including in terms of fulfilling their obligations to protect the interests of the participants of the established cooperative.

Based on the current law enforcement practice, we can conclude that the chairman of the housing cooperative is also given a number of responsibilities, namely:

knowledge of existing laws and other regulations operating not only at the level of the Russian Federation, but also at the level of constituent entities, as well as within the municipality in which a particular cooperative is located;
conscientious organization of the activities of the board of the cooperative , as well as adjustment of such actions in strict accordance with the norms of current legislation;
regulation of issues related to the organization of repairs (major and current) on the property entrusted to him, as well as regarding the provision of all types of utilities to all owners of residential and non-residential premises;
monitoring the services provided to members of one’s cooperative for compliance with the quality of the results of their provision , and if the results are unsatisfactory, protecting the interests of members of the cooperative by participating in the recount;
ensuring the proper quality of operation of all equipment that is in the house and belongs to common property;
storage and issuance of documents that confirm ownership rights to the existing property of members of the cooperative, and also characterize such property from various aspects;
control over accounting and banking activities , if they may in any way affect the interests of the cooperative participants;
checking the correctness of the calculations made between the cooperative members and any resource supply organizations;
participation in events to improve all common property and local areas;
control of measures regarding unauthorized redevelopment of common areas , as well as residential and non-residential premises owned by members of the cooperative;
drawing up a work plan for reporting periods and monitoring the implementation of activities in such plans;
conducting board meetings, participating in the work of the board of the cooperative and during regular and extraordinary meetings of such boards.

A sample employment contract with the chairman of a housing construction cooperative can be viewed here.

This list of responsibilities is not exhaustive, since each cooperative fixes such a list independently in the adopted Charter.

Concept

Who is the chairman? The duties and rights of the chairman of the HOA are clearly regulated by law.

Namely, the Housing Code of our country. And the chairman is the person who takes responsibility for organizing the management of the apartment building.

He is elected from among the members of the board of the house, unless otherwise provided by the charter of the partnership. This person is elected to his position for a period of 2 years .

He is, as it were, a representative of the executive power in the partnership, at the moment when the so-called legislative function is performed by a meeting of residents of an apartment building.

Thus, we can conclude that the chairman cannot dispose of the apartment building at his own discretion, and yet, he is accountable to the members of the board, and they, in turn, are obliged to report to the general meeting of residents.

You can find out how to keep an estimate of income and expenses in an HOA using the simplified tax system, as well as how to open a special account for accumulating funds for major repairs on our website.

Formation and payment of salaries

Determining the amount of wages that will be paid to the chairman of the housing cooperative falls entirely on the shoulders of the members of such a cooperative. That is, we can talk about a commercial mechanism for the formation of this type of payment to the specified official. The chairman's salary itself consists of several factors and can vary greatly between different cooperatives. Determining factors include:

the range of powers vested in the chairman , as well as the breadth of his responsibilities;
the size of the cooperative in quantitative terms of the residential and non-residential premises available in it;
region where the cooperative is located;
the presence of an employment contract with the chairman (if there is an agreement, then the position cannot be nominal and is necessarily endowed with a fairly wide range of rights and responsibilities, as a result of which the appropriate salary must be offered);
other factors that were determined within the framework of the constituent meeting (for example, the possibility of indexing the salary and available allowances in accordance with changes in market conditions).

Depending on the region, the remuneration received by the chairman can range from ten to forty thousand rubles.

Annual work report

Note! The chairman must prepare a report on his work; it is compiled once a year. It must fully reflect the estimate, information must be given in as much detail as possible. The document must reflect all receipts to the HOA.

Now reporting is as automated as possible, the head of the partnership is required to work with 1C: VDGB: Accounting in management companies, housing and communal services, homeowners' associations and housing cooperatives.

The activities of the head of the partnership are accompanied by the maintenance of documents. In carrying out his duties, he must take into account the provisions of the law and the Charter. It is important to take the job description into account. Once a year, the head of the partnership must publish a report on his work.

Options for liability in case of violation of the law by the chairman

If any violations of the current legislation are detected by the chairman of the housing cooperative, any of the options of liability provided for by the rules of law themselves may be imposed on him. In general, in accordance with the rules of current legislation, the following measures may be imposed on the chairman:

material liability (penalties that are imposed on the salary paid to the chairman in its bonus part);
administrative liability (which are assigned only by court decision in case of minor violation of current legislation);
criminal liability (in case of detection of significant violations of the current legislation, which resulted in the commission of a crime by the chairman of the housing cooperative, the fact of which was proven by the relevant law enforcement agencies).

Where can I complain?

Since the chairman of a housing construction cooperative is the highest official of such a legal entity, there is no point in complaining to the board of the cooperative about him (this is due to the peculiarities of the legal status of the chairman). It is for this reason that in case of dissatisfaction with the quality of the chairman’s work or in case of suspicion of violations of current legislation by this official, complaints should be filed with certain government bodies, which include:

local government bodies responsible for compliance with current legislation in the field of housing and communal services;
government bodies competent in terms of compliance with regulatory issues in the housing and communal services sector;
judicial authorities in accordance with the territorial jurisdiction of the location of the chairman as a defendant in the claims filed;
prosecutorial authorities in terms of monitoring the implementation of current housing legislation;
law enforcement agencies (police, investigative committee) in case of confirmed facts of violation of criminal law by the chairman of the housing cooperative in the performance of his duties;
If there are violations of labor legislation on the part of the chairman in relation to the service personnel hired by him on behalf of the housing cooperative, an application will be required to the labor inspectorate of the region in which the cooperative is located.