Rights and responsibilities of the chairman of the HOA board to the residents of an apartment building

In many ways, the policy of a particular company servicing a home depends on its head . If a given citizen acts in the interests of the house, then it is likely that the building will have a well-maintained appearance despite its age, quality of materials and other factors.

If the head is interested only in his own goals , then he must either be removed from office or get used to his management style.

A lot depends on the person who leads the housework.

Of course, this is an elected person, so it is not uncommon for the residents themselves to elect a person to a leadership position, putting the furrows of government directly into his hands. How not to make a mistake in such a difficult choice? Where does the authority of the head of the management organization end?

And most importantly, what is he responsible for and what should be asked of him? What are the rights and responsibilities of the head of the HOA according to the housing code? We will try to answer all these questions within the framework of this article, paying maximum attention to each question that interests you.

Read our article about how to become the chairman of an HOA.

Step-by-step instruction

Preparation for registration of the newly elected chairman of the SNT begins with the general meeting of its members, namely with the keeping of the Minutes. It makes no sense to describe the re-election procedure itself - it goes differently for everyone, depending on the temperament of gardeners and gardeners. Somewhere they silently agree with the nominated candidate, so as not to be held accountable themselves. And somewhere, on the contrary, they go wall to wall, rejecting the candidate proposed by the Board and promoting their own. Whatever the outcome of the meeting, two points are important:

How to shift?

Causes:

  • the chairman's own desire;
  • refusal to hold meetings and meetings;
  • absence from work for more than 10 days without extenuating circumstances;
  • intentional damage to SNT;
  • failure to comply with lawful decisions of the SNT meeting;
  • refusal to provide reporting documents.

Early re-election of the board is possible if at least 1/3 of the participants in the general meeting require it.

Together with the chairman, the board is also dissolved to elect a new composition of the executive body, its head, deputy and secretary.

Check SNT expenses

Base. Federal Law on gardening Art. 11 part 1 part 1, part 3 part 2

How it works. Members of the SNT have the right to request accounting or other financial statements from the chairman in order to study them. This way you can check whether the new pipes really cost 100 thousand rubles and what else the gardeners’ contributions were spent on.

Like any organization, SNT must keep accounting records and pay taxes. The audit commission monitors the accuracy and is elected at the general meeting. However, not only auditors, but also any owner of a plot of land on its territory, even not a member of SNT, have the right to monitor SNT expenses.


Survival instructions for the new SNT chairman

No one dreams of becoming the chairman of SNT as a child. There are three common situations in which people still become chairmen: “the chairman died/left/sold the plot...and no one else agreed”, “I was pushed, and I didn’t understand how it happened”, “I’m tired of theft and lawlessness , after three years of war, I am the chairman.”

Such chairmen have the hardest time: there are no documents, no protocols, who paid the fees and who is the debtor, what’s wrong with the reporting - it’s not clear who is a member, who is a non-member, where to call to have the garbage removed, what salary debts the watchman is talking about and what is the cadastre waste...

Let's discuss what and where you can find and where to start.

As for the restoration of accounting, there is no need to talk about restoration to an ideal state. The maximum task is to determine which reports have been submitted and submit what has not been submitted, pay taxes... And start doing accounting.

1. Register with the tax office. To do this, we fill out form P14001, have it certified by any notary and bring the following package of documents to the tax office: the form, the protocol or an extract from the protocol on the election to the chairman. This package must be submitted within 5 working days from the date of re-election. After another 5 working days, we receive entries in the tax sheet and see ourselves in an extract from the Unified State Register of Legal Entities (what this is will be written below).

2. Visit the bank where the SNT current account is opened. The bank will need to provide the entry sheet from step 1 and the election protocol. Don’t forget the seal and remember, wherever you go on SNT business, always take the seal with you. What needs to be done at the bank: gain access to the current account, login/password from the client bank, receive an extended statement with attachments from the current account for the maximum period. The fact is that you can freely print out statements from a client bank in about a year, but for a longer period (preferably for the last three or four years) you will have to order them from the bank on paper.

3. Electronic reporting. You can choose any service provider; there are many products on this topic on the market (VLSI, Taxcom, Kontur and others). The difference will be in price, depending on the selected package of “features” of the program. You will need: the ability to submit reports, receive requirements, send documents to the Pension Fund, Social Insurance Fund, Federal Tax Service, Rosstat and Rosprirodnadzor. In the same “program” you can order a reconciliation of all payments and a list of submitted reports. Moreover, if you contact the subscriber department of Mosenergosbyt, you will be able to receive and sign documents (acts, invoices, reconciliations) in electronic form (signed with digital signature) and not have to travel for the originals every month.

4. Sign an agreement on electronic document management with the Pension Fund. You can receive an agreement form to fill out by writing a request electronically in free form to the email address specified on the website of the PFR branch. Which branch of the Pension Fund of Russia does your SNT belong to can be found in the Extract from the Unified State Register of Legal Entities. Only knowing the agreement number and the date of its signing will you be able to send reports electronically to the Pension Fund.

5.


Obtain copies of protocols, extracts from protocols from all possible sources. At the tax office, upon application, you can obtain copies of the protocols that were submitted when registering chairmen and making changes to the charter. The numbers and dates of the requested protocols can be found in the extract from the Unified State Register of Legal Entities. For each document you will have to pay a state fee of 200 rubles. If your predecessors collected debts in court, defended the interests of SNT when challenging decisions of general meetings, you can find minutes or extracts from them in the case materials. Well, of course, you can contact former chairmen, auditors - you never know what documents have been preserved in the bins...

6. determine who owes it to whom and restore accounting... Are there any debts to the resource supply organization and employees (watchman, accountant and others), who owes SNT and how much (gardeners, neighboring SNT). With organizations, everything is simple - we order a reconciliation report. This act indicates all payments, accruals (acts of completed work) and the result (overpayment or debt). As for the debts of the gardeners themselves, when contributions were collected “under the table.” There are two options here: part of SNT, by decision of the general meeting of SNT members, “resets” the debts, part invites gardeners to provide a tear-off part of the PKO and the receipt is calculated according to them (everyone who does not hand over the PKO is a debtor). The worst thing is that in the second case a double recovery is possible (when the gardener pays twice: to the former board voluntarily and to the new one through the court). As for restoring accounting, there is no need to talk about restoring it to an ideal state. The maximum task is to determine which reports have been submitted and submit what has not been submitted, pay taxes... And start doing accounting.

7. Make “your own” estimate. A new board is elected under different circumstances. As a rule, the new chairman receives the estimate of his predecessor. But the estimate is an action plan for the current year. But for managers, these plans can differ radically. If there is no estimate at all, there is also a serious reason to worry about this issue, since if there is no estimate, there is no right to demand contributions and no reason to spend them.


8. Choose your staff wisely. It sounds loud, but in practice everything is more modest. The Chairman does not become omniscient (magically at the moment of election). Knowledge and experience come with time and only if there is time, opportunity and desire to learn. But some don’t come, and they shouldn’t.

The task of the chairman (and the board) is to ensure the maintenance and servicing of SNT infrastructure facilities: mowing grass, repairing roads, fences, electrical networks, removing solid waste, etc. But in addition to things that are obvious to gardeners, there is also accounting, collection from defaulters, development of charters, regulations, etc. other internal documents, surveying of PDOs, licensing of wells, resolving controversial issues with neighboring SNT. And the board is obliged to ensure the implementation of all these measures (some by default, some if they are included in the estimate).

But “provide” does not mean “do it yourself.” The General Meeting determines only the list of staff units (titles) and the amount of costs that the Partnership can afford to incur for this list of employees/performers. But the chairman is already hiring accountants, lawyers, cadastral engineers, electricians, plumbers, etc. Moreover, the task is not just to select a qualified person who is ready to work for the meager (usually) that the Partnership offers, but also to save on additional payments (personal income tax, contributions to funds, etc.).

For example, a full-time accountant in SNT where there are 100 plots receives 7.5 thousand rubles. per month. The total cost (including contributions to funds and personal income tax) will be about 11.2 thousand rubles. If the accountant is an individual entrepreneur, self-employed or LLC (outsourcing company), then 7.5 tr. (the amount in the contract, excluding taxes and fees). And so it is with all employees. The only exception is the chairman. He can only be a full-time employee (under an employment contract).

9. Restore the registry. This is a painstaking and lengthy process and a whole topic for a separate article. The main thing is to set yourself this task. Why is it important? There is no register - there is no understanding of who is a member of the SNT, who is not a member, problems with holding meetings (especially with defending them in court) and collecting debts on contributions and mandatory payments. No matter how wonderful the atmosphere reigns in your SNT, sooner or later every SNT faces the problem of debtors and people challenging meetings in stacks for sport.

10.


Determine the boundaries of transparency. Every first chairman, who won the “chairman’s throne” through war, announces at the very first consultation meeting that he will post all SNT documents, for example, on the website. And after about six months he begins to really regret it. There definitely needs to be transparency. The inflow of funds and expenses must be clear. But this is not a reason to post, for example, employment contracts and pay slips in the public domain. The list of documents that the board is required to issue is legally defined (Clause 3, Article 11 of Federal Law No. 217-FZ). This list can be expanded by the SNT charter... Be the chairman for at least six months, and then...

11. Understand and accept... That SNT is a legal entity. The fact that it is non-profit only means that it was not created for the purpose of making a profit. In all other aspects, it is even somewhat more complicated than in an LLC (not every LLC has land, a well, an electrical network and 200 gardeners).

This means that any payment, whether from a current account or from a cash register (who hasn’t gotten rid of them yet), must be “closed” with a document. Payment to an individual (not an individual entrepreneur or self-employed) is always contributions to funds and an agreement (labor or civil law, depending on what we are paying for). Payment to a legal entity (including individual entrepreneurs and self-employed) for work, materials, services - on an invoice or under a contract, and upon completion of work/services, delivery of materials, you sign and keep the act or invoice.

A request for documents/application sent via WhatsApp or email is not a request or an application. Either against signature in hand or to the legal address of SNT. Failure to receive letters at the legal address does not exempt you from liability. Visit the post office at the legal address - take care of renting a mailbox or forwarding.

The general interests of SNT are now only your concern (well, maybe also the board members, if you’re lucky).

If more than 50% of the members did not come to the meeting, it is your fault (although going to meetings is the responsibility of SNT members).

If they introduce a new report/tax/obligation to do something, it’s your own fault for not having included this in the estimate a year ago.

The fact that you didn’t know that RSV, 4-FSS must be submitted quarterly, even if no one, including you, receives a salary - the fine is yours.

The fact that gardeners voted against mowing the grass and SNT was fined is correct, it’s your problem.

You only really learn how to run meetings and realize that it really matters when you have a couple of meetings canceled by the courts.

If everyone greets you and smiles welcomingly, then you are not yet collecting debts from anyone.

Sooner or later you will accept that there is no correct (fair decision) answer “what to divide the estimate into: by hundred square meters or by area.” Whoever has more is right.

Trying to save money and do “what’s best” backfires, but you will still try.

Attention! It is not necessary to follow the sequence of actions.

To make an appointment for a personal appointment on all accounting issues related to the activities of SNT, DNP, TSN. call +7 (499) 380-78-78 or leave a request in the form below.

Main responsibilities of the chairman


The main responsibility of the chairman of the SNT is to carry out business activities in accordance with and within the limits provided for by the charter of the partnership and the federal law of April 15, 1998. No. 66-F3 (with additions). The chairman must know:

  1. Provisions of the legislation of the Russian Federation that regulate the economic and legal activities of SNT.
  2. Internal labor regulations of the organization.
  3. Labor protection rules and regulations, fire safety rules, civil defense and safety regulations.
  4. Technical and design documentation of the partnership, contractual documents on the supply of utilities.

The chairman himself observes and monitors compliance by all personnel (accountant, cashier, electrician, security guard) with internal regulations and job responsibilities, as well as sanitary standards and labor protection rules.

The chairman is obliged to carry out and ensure that all employees comply with the orders of the SNT board. As soon as the board or general meeting elects a chairman (with the corresponding resolution drawn up), the chairman can begin his official duties. Its powers are determined by the charter and Federal Law. If you disagree with the decision of the board, the chairman has the right to appeal it at the general meeting (meeting of authorized representatives). The manager acts without a power of attorney on behalf of the gardening partnership.

In what acts is it reflected?

Where and should rights, duties and responsibilities be stated? This is prescribed in two important acts.

The first of these is the charter , which explicitly stipulates both the fundamental rights and the accompanying responsibilities. The second act is an agreement between the owners of premises in an apartment building and the homeowners' association.

These acts must list everything properly, otherwise the manager’s powers will be greatly reduced, which will affect the effectiveness of his work.

You can learn about the rights and obligations of the board members and founders of the HOA to residents from our article.

Tags

website of the partnership named after the partnership. gardening partnership as its own partnership in the members of the partnership the following gardening partnership will not be elected by members of the SNT. by a meeting of members of the SNT. But members of the SNT with members of the SNT can also become chairman in Article 19, paragraph 3, Article 14.25 Useful articles and

Article by persons of gardening case year adopted acts code non-commercial clauses statements of Russian changes of state use give bodies of days of property input may citizens data is personal manager respond size of gardening order federation provision of dacha present boundaries of land authority gardening association of owners holding which force houses municipal housing

Organization of notification and information support

At the entrance, next to the sign with the name of the partnership, there should be a board with the SNT diagram. A copy of the diagram is sent to the fire department. To notify about a fire, the association must have a public address radio center, the siren of which is duplicated by mechanical means - a bell or a rail.

An information board on relevant topics with operational information should be installed on the territory of SNT. Posters and signs are also placed in public areas. The responsibilities of the board and chairman include informing and monitoring the mandatory installation by members of the partnership of a barrel of water or a fire extinguisher at their cottages. The chairman must monitor the timely cleaning of roads for the free passage of fire fighting equipment, as well as the absence of flammable waste dumps and fuel containers on the territory. In persistently hot and windy weather, as well as when a special fire-fighting regime is entrusted to SNT, the chairman and the board carry out explanatory work on fire prevention and actions in case of fire, and organize free patrolling by volunteer fire fighters.

Applying for a position

For his work, the person elected to the position of head of the board has the right to receive a certain remuneration. The amount of monthly deductions is formed from the membership fees of the owners in the HOA. It is determined at the general meeting through discussion and voting, followed by inclusion in the Charter.

There is no single salary rate for the chairman, since the scope of his activities and the scope of responsibility depends on the composition of the HOA and regional characteristics.

To hire the person responsible for managing the building, a general meeting is held, at which more than half of the apartment owners are ensured to be present. To be elected, it is necessary to have the votes of half of the citizens present at the meeting.

What is he responsible for?

The SNT manager is responsible for:

  • organization of office work in SNT,
  • accounting and storage of documents.
  • correctness of concluded contracts,
  • proper maintenance, operation and safety of property,
  • timely and complete fulfillment of the terms of all contracts, making payments (together with accounting).

In particular, the chairman pays for the total electricity consumption according to a common meter. This amount is offset by the total readings of individual meters, so the job responsibilities of the SNT chairman also include issues of electricity control. When changing the meter from the owner of the site, he is obliged to take the readings of the old meter on the day of replacement and the readings of the new one on the day of installation, and the chairman must be sure that the meter is technically in good working order, that is, it has been tested by the power supply. It is strictly prohibited to charge members of the association at rates exceeding the amount established by the Energy Resources Commission (due to losses in wires, idle transformer, theft). Such activity entails criminal and administrative liability.

The power supply is stopped in the following cases:

  • poor condition of electrical wiring,
  • violations of electricity metering schemes,
  • connecting pantographs past the meter,
  • lack of access for officials to check the condition of electricity consumption devices,
  • late payment for services.

Disconnection is carried out after a warning and if the offender has not eliminated the problems on time. For other violations of the charter, for example, non-payment of membership fees, the board and chairman do not have the right to turn off electricity as a measure of influence on the defaulter.

Rating
( 1 rating, average 4 out of 5 )
Did you like the article? Share with friends:
For any suggestions regarding the site: [email protected]
Для любых предложений по сайту: [email protected]