How to elect a house council and its chairman and why does the MA need this?

When and for what term is the MKD council elected?

The council of an apartment building is an elected body that includes the owners of premises in the apartment building. He is elected at a general meeting of owners and performs the functions of monitoring the maintenance and repair of the house (part 1, 5 of article 161.1 of the Housing Code of the Russian Federation).

The council must be elected in buildings where there are more than four apartments and no TSN or HOA has been created. If the owners themselves do not do this, then the council must be elected on the initiative of the local government body (Part 2 of Article 161.1 of the Housing Code of the Russian Federation).

The Council is elected once every two years, unless otherwise established at the general meeting of owners. If the owners do not make a decision to re-elect the council, then the previous composition continues to work for another two years. If the council does not perform its duties properly, the council may be re-elected early (Part 10, Article 161.1 of the RF Housing Code).

The number of people on the MKD council is approved by the owners at the OSS. Neither upper nor lower limits on the number of council members are established by law (part 4 of article 161.1 of the Housing Code of the Russian Federation). From among the members of the council, the chairman of the council of the apartment building must be elected, who directs the activities of the council (parts 6, 7, article 161.1 of the Housing Code of the Russian Federation).

How the MKD Council can be useful to management companies
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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).

Why the UO may be interested in creating a house council

The benefit for the MA from the work of the chairman and the entire house council stems from their basic powers. The Chairman of the MKD Council has the right to:

1. Negotiate with the management company on behalf of the owners on the terms of the management agreement before its conclusion or on proposed changes (clauses 1, 2, part 8, article 161.1 of the Housing Code of the Russian Federation).

It is easier for a management organization to discuss a draft agreement or changes to it with one person than with all the owners. The chairman will discuss the agreement with the management company in advance and will be able to convey its main theses and conditions to the owners at the OSS.

2. Sign a management agreement on behalf of the owners on the basis of the powers of attorney issued to him (clause 3, part 8, article 161.1 of the Housing Code of the Russian Federation).

The management company will be able to save time and resources if the management agreement or an additional agreement to it is signed by one person on the part of the owners. There will be no need to print additional copies and send documents by mail to each owner without a guarantee of receiving them back.

3. Sign acceptance certificates for work and services performed or provided by the organization under a management agreement, as well as monitor the performance of work and provision of services (clause 4, part 8, article 161.1 of the RF Housing Code).

Having established constructive work with the council of the apartment building and its chairman, the management authority can always talk with them about any shortcomings and shortcomings made during the maintenance and repair of the common property of the house.

If the chairman of the council is elected in the house, then his responsibilities include signing acts of acceptance of completed work from the management authority. You can agree with the chairman of the MKD council to send him acceptance certificates by registered mail once a year, and approve these conditions at the general meeting of owners.

4. Appears in courts on issues of managing the house and providing utilities on behalf of the owners on the basis of a power of attorney (clause 5, part 8, article 161.1 of the Housing Code of the Russian Federation).

It is always easier to conduct any disputes with one person than with several, so management organizations will benefit if the chairman represents the interests of numerous owners of premises in the house.

5. Resolve issues regarding routine repairs of common property and other issues with the consent of the general meeting of owners (clause 6, part 8, article 161.1, clause 4.3, part 2, article 44 of the Housing Code of the Russian Federation).

Drawing up a plan for current repairs for the year will become easier if it is approved only by the chairman of the council or the council of the apartment building.

The council of the apartment building, along with monitoring the management's execution of the management agreement and the execution of decisions of the general public association, performs information and analytical functions. The council brings important issues and proposals for managing the house to the owners for discussion, and annually reports on the work done (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).

Selection and legal status of the MKD council
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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.

How to hold a meeting of owners to elect a house council

If the management believes that for effective management in the house, the council of the apartment building and its chairman are needed, and the owners and the municipality are in no hurry to choose them, the organization itself can initiate a general meeting in the house on this issue.

The algorithm for conducting the general meeting for selecting the house council and its chairman corresponds to the procedure for holding general meetings set out in Art. 45 Housing Code of the Russian Federation:

1. Initiate the OCC by formulating agenda items and proposing a list of candidates. The initiator must determine the date, place and form of the OSS (Part 5, Article 45 of the RF Housing Code).

The management organization may not initiate the meeting itself, but, for example, offer the preparation of an agenda to an initiative group of owners. The initiative group will draw up a list of candidates and proposals for the revision of the Regulations on the MKD Council. In this case, the role of the Managing Director is to provide the group with an up-to-date register of owners and help with organizing the meeting (Part 2, 3.1, Article 45 of the RF Housing Code).

2. Inform the owners about the OSS no later than 10 days before the date of its conduct.

The message should be delivered personally against signature or sent by registered mail, unless a decision was previously made to notify the owners in another way (Part 4 of Article 45 of the Housing Code of the Russian Federation).

3. Conduct an OCC depending on the form stated in the agenda: in person, in absentia or in the form of absentee voting (Article 44.1 of the RF Housing Code).

It is important that, regardless of the form of holding, a quorum is collected: owners with more than 50% of the total number of votes in the house participate in the voting (Part 3 of Article 45 of the Housing Code of the Russian Federation). The number of votes of the owner is proportional to his share in the right of common ownership of common property in the house (Part 3 of Article 48 of the Housing Code of the Russian Federation).

In addition to the selection of the chairman of the OSB, the secretary and the counting commission, the following questions must be brought up for discussion and voting:

• approval of the number of MKD council members;
• selection of MKD council members in an approved number;
• election of the chairman of the MKD council from among the members of the MKD council;
• approval of the Regulations on the MKD Council;
• approval of the procedure for communicating the results of the general meeting to the owners.

You can also include additional issues on the agenda: the powers of the MKD council and its chairman and the issue of their remuneration (clause 7, part 5, clause 6, part 7, part 8.1, article 161.1 of the RF Housing Code). Or hold a separate general meeting on these issues.

4. Summarize the results by counting the number of votes on each issue put to vote.

The decision to select the MKD council and its chairman is considered positive if at least 50% + 1 vote is cast “for” from all votes of the owners participating in the OSS. The decision to vest the chairman of the MKD council with powers is made by at least 2/3 of the votes of the total number of all votes of the owners in the house (Part 1 of Article 46 of the Housing Code of the Russian Federation).

5. Notify the owners of the decision made no later than 10 days after the OSS. The message must be placed in a place in the house accessible to all owners (Part 3 of Article 46 of the Housing Code of the Russian Federation).

6. Send the original documents to the GZhN body and place their copies in the State Information System for Housing and Communal Services (part 1, 1.1 of article 46 of the Housing Code of the Russian Federation).

Definition and competence of the MKD council, procedure and amount of remuneration payment
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Who can the head of the HOA be?

It is mandatory to organize an HOA and elect a leader (according to Article 161 of the Housing Code).

The position of the chairman of the partnership is elected . The choice of the head of the organization is made by apartment owners at a general building meeting, which has the right to elect a chairman and terminate his powers ahead of schedule.

All actions and decisions of the general meeting, including those related to the work of the head of the partnership, must be recorded. The election of the head of the association by apartment owners takes place at a general building meeting . A sample ballot paper is presented below.

ABSENTEE VOTING BALLOT

The next general building meeting of the Lebedushka HOA

Togliatti, st. Novo-promyshlennaya, 114 February 02, 2022

Participant information:

Signature of a member of the Lebedushka HOA ________/_____________________

Absentee voting ballot for the general building meeting of the HOA

The document that records the results of the meeting is the minutes . The requirements for its registration are specified in Order No. 44pr dated January 28, 2019 of the Ministry of Construction of the Russian Federation.

A single option for drawing up the minutes of a general house meeting has not been approved by law, but the mandatory components must be: details of the organization, date of the meeting, number of people who voted, signatures and seal of the organization.

Mandatory criterion for the position of chairman

The Housing Code states that the chairman is an employee of the board of the partnership.

The employees of the board are elected by the general meeting. However, residents of the house may have a question about whether the manager must be the owner of the premises (apartment, share), or whether a person who does not have ownership in the house is allowed to work. In a situation where a person who is not the owner of the apartment wants to take part in the elections, he first needs to obtain ownership of the apartment or a share of the apartment. To do this, it is possible to purchase housing or part of it.

Article 147 of the Housing Code mentions that a board is elected from the people included in the partnership on the basis of ownership of the apartment building premises. In turn, the chairman is elected from his staff. This means that the head of the HOA must be the owner of the apartment in the building of which he is the head.

Important! If this condition is not met, it will not be possible to register the HOA. The candidacy of a manager must initially meet the criterion of ownership.