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?
Answers to common questions
Question No. 1. Does the chairman, who exercises leadership for a limited term, have the right to be elected for a new period?
If there is a limit on the term of leadership of the chairman, determined by the Charter of the HOA, the chairman may be elected for a new period.
Question No. 2. When holding a general meeting of HOA members, a significant number of owners are present. Should all participants of the meeting sign the protocol, based on the results of which the chairman of the HOA was re-elected? (click to expand)
The minutes of the decision adopted by the general meeting of HOA members must be signed by all participants.
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.
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
Removal of powers
When the decision is made and the removal is inevitable, it is necessary to organize the proper transfer of affairs when changing the chairman of the HOA board.
The transfer procedure is represented by the following steps:
- Familiarization of the current manager with the voting results in the protocol. The document must bear a signature indicating familiarization.
- HOA documents are transferred to the successor.
- Based on the submitted documentation, the removed person reports on the activities carried out, expenses and income. The detailed report period is the last year of work.
- When handing over the documentation, the removed manager brings the new appointee up to date.
The removal of powers is necessarily accompanied by the transfer of affairs to a person appointed by the meeting of residents. The period of action of the new chairman does not exceed the period established by the Charter (no more than 2 years).
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.
Where can you legally file a complaint against an HOA?
If the HOA does not fulfill its obligations or violates the rights of owners, such actions can and should be appealed.
If violations are directly related to the activities of the HOA, contact the State Housing Inspectorate and Rospotrebnadzor; if the rights of owners are violated, contact the prosecutor’s office.
One owner or several can file a complaint. The complaint must be reasoned and competent. To do this, be sure to study the Housing Code of the Russian Federation and the charter of the HOA and try to collect as much evidence as possible.
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
Meeting
Owners must arrive with a passport and housing documents. Photocopies of these documents must be prepared.
First, the chairman of the meeting and the secretary are chosen. Then the agenda is announced, after which debates are held on each issue of the HOA project.
If the decision is positive, the charter of the HOA is approved, then its board is elected. Its chairman can be elected by the meeting or the board at its meeting. The composition of the commissions is separately approved. There should be two of them: audit and counting.
At the beginning, ballot papers are distributed. Only ballots cast for a particular decision are counted.
Only the person who submitted an application for admission to the HOA and was accepted becomes a member of the partnership (for more information, see the Housing Code, Article 143).
How to conduct a meeting is defined in the Housing Code, in article number 146. At this point, the organizational period ends and the next one begins.
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.
How to draw up a protocol and its sample
A protocol must be drawn up regarding the meeting. It is filled out by the chairman of the meeting. This can be a document in either written or printed form. There is no sample for filling it out, but there are certain instructions according to which a competent document can be drawn up. Its content describes the essence of the meeting, the main issues that were considered by the apartment owners, and the results of the meeting. If a vote was taken, the result is recorded. All participants must provide their signatures. Such a document has legal force and cannot but be accepted for consideration and satisfaction.
Representatives of the housing inspection can dismiss the chairman. If it is planned to remove the head of the HOA on the basis of an inspection organized by the controlling organization, a complaint must first be filed by the residents of the house. Based on the received request, an inspection is carried out by an inspector, the condition of the house is assessed and a decision is made.
