Chairman of the board of the HOA: appointment, rights and obligations, election, remuneration, procedure for removal.

The legislation of the Russian Federation clearly regulates the rules for managing an apartment building. If the residents of the house do not want to work with management companies, they can create a partnership on their own. The organization of a HOA is possible if more than half of the residents vote for this form of management. The next step is the selection of a head who will take into his own hands all the work of supervising the process of operating the MKD. This publication examines aspects of who can be the chairman of a condominium association of an apartment building, what his responsibilities and rights are, and how he is selected.

Who is the chairman of the HOA?

The chairman is a resident of the apartment building, who has the authority to follow the results of a house-wide meeting of owners of movable and immovable property located in the house. In accordance with paragraph 3 of Art. 147 of the Housing Code of the Russian Federation, a person is elected from among the members of the house council, unless otherwise specified in the Charter. In fact, this is a manager who must represent and protect the interests of the members of the partnership without a power of attorney issued for this in accordance with Article 149 of the Housing Code of the Russian Federation.

“Chairman of the board of an HOA is an official job, therefore an employment contract is concluded with the candidate (Article 17 of the Labor Code of the Russian Federation), which specifies all the job responsibilities of a specialist when working on apartment buildings.”

Dismissal

The chairman has the right to resign his powers at his own request or to resign upon request if violations are committed in his work. To leave at will, the basis is a personal statement written 2 weeks in advance.

If there are violations in the work of a manager, he is held accountable by going to court. This can be done both before and after dismissal. The dismissal process can be initiated by residents of the building, members of the board, or the offending chairman himself . The precedent for removal from office due to lack of confidence will be the minutes of the general meeting of owners of apartment buildings.

In case of dismissal on personal initiative, one should rely on Art. 80 Labor Code of the Russian Federation. In case of forced dismissal, they are guided by clause 7 of Art. 81 Labor Code of the Russian Federation.

At the head of the association of apartment building residents is a chairman. Without it, the functioning of the HOA is impossible. One of the regulatory documents regulating the activities of the head of the board is the job description, which sets out the rights, duties and responsibilities of the chairman. Like other employees, the chairman of the HOA is subject to labor laws.

On what basis does the chairman act?

The operating procedure of the HOA is regulated by the Community Charter and the Housing Code of the Russian Federation. The work of the chairman is strictly regulated by the regulatory legal acts of the Russian Federation. The main one is the Housing Code of the Russian Federation. Until 2005, the federal law on HOAs was in force in the Russian Federation. Due to its ineffectiveness, the document was abolished. In addition, the legal role in the activities of the HOA is assigned to the Charter of the partnership. According to paragraph 4 of Art. 135 of the Housing Code of the Russian Federation, a partnership can function for an indefinite amount of time, unless otherwise stated in the text of the residents’ voting protocol.

Responsibilities in an apartment building

The head of the partnership is assigned a wide range of responsibilities. The Chairman must:

know all the legislative requirements relating to the management of apartment buildings and timely study changes made to regulatory legal acts;
monitor timely payment of bills by residents;
keep accounting under control;
regulate the execution of decisions made at meetings;
manage the partnership's personnel;
be responsible for the implementation of contracts concluded between the HOA and other organizations;
monitor the implementation of the functions assigned to residents regarding the repair and maintenance of common premises;
monitor compliance with the rights of apartment owners;
maintain partnership documentation.

Progress report

The charter of the partnership specifies a clear procedure for the place and time of reporting to the residents of the house. All actions of the organization must be transparent, so residents have the right to familiarize themselves with the work carried out and the expenditure of financial resources.

The partnership's reporting includes a report from the head of the HOA on the work done for the year. It includes information about the work of the head of the board in accordance with his responsibilities. The report contains the following information:

budget planning and adoption;
number of hired and dismissed employees;
decisions made regarding repair work;
scheduled and unscheduled meetings held;
other work organized by the chairman over the past year.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

In addition to the chairman’s report, residents can familiarize themselves with the board’s report and the report on the financial activities of the partnership.

Requirements for applicants for the position

In Part 3 of Art. 147 of the Housing Code of the Russian Federation states that one of the council members can be the manager of the HOA, unless otherwise stated under the Charter. In this case, one of the homeowners can become the chairman of the HOA. It does not matter where the candidate is registered for the position if he has real estate in an apartment building.

The head of the HOA must be the owner of the residential premises in the house and be a member of the board

Part 3 Art. 147 of the RF Housing Code clearly regulates the list of persons who do not have the right to apply for a managerial position or join the board:

HOA employees employed in the partnership under contract
representatives of the HOA audit body
manager with whom the contract was signed

The vacancy of the chairman of the HOA cannot be applied for by someone other than the owner of the property or the tenant. Family members of the owner who are registered in the apartment and do not have their own share cannot be nominated for the post.

Could it be someone other than the homeowner?

You can become a chairman if you have ownership rights to living space in an apartment building. This is one of the main requirements for a candidate. The head is chosen from among the board members, and only apartment owners can occupy such places in the organization.

Often they try to circumvent this requirement by issuing a notarized power of attorney to represent the legitimate interests of one of the residents of the house. This option does not work, since the power of attorney has nothing to do with ownership of the apartment.

An officially executed housing lease agreement also does not allow tenants to apply for the position of head of the HOA.

Such restrictions are established to prevent persons from entering the ranks of the board who have no connection with the house and may act in their own personal interests. The organization should be led by a person who knows all the problems of apartment buildings and is interested in improving the economic conditions in the house.

The head of the HOA must be the owner of the apartment in the apartment building , but he does not have to be registered and actually live in it.

Rights and obligations

Among the key responsibilities of the chairman of the HOA board according to the housing code:

guarantee of timely implementation of work necessary for the proper functioning of the apartment building
Providing property owners with quality utilities from contractors
correct response to requests and recommendations of all residents

To successfully perform his duties, the manager must understand many areas and have specialized knowledge in the management of utility resources and the administrative part of the activity. It is optimal if the applicant takes special courses.

The head of the HOA has the following rights:

manage the money in the general account of the partnership
hire, fire employees and pay their wages
control the work of staff
have access to all premises, including personal property, in the event of an emergency that threatens to damage the property of other owners
make a decision at a general house meeting using your vote if the votes are equally divided.

The manager must:

monitor the timely payment of utilities by owners of apartment buildings
recalculate costs in case of changes in tariff plans
be able to interpret the laws and legal acts of the Russian Federation
monitor changes in legislation, especially the Housing Code of the Russian Federation
monitor the work of financial structures and subordinates of the partnership
carry out decisions made by a majority of owners
monitor the activities of the block manager of the partnership in compliance with the Charter and other documents regulating their work
maintain order in the apartment building and the surrounding area
manage the HOA staff

The powers of the chairman of the HOA include drawing up work schedules, monitoring the performance of employees’ work duties, explaining the rules for calculating wages and other issues related to recruiting and personnel, monitoring the implementation of all agreements signed with suppliers of resource companies, repair organizations and other enterprises servicing apartment buildings, protecting the rights and interests of residents in the partnership to find suppliers and sign contracts with them to ensure the condition of apartment buildings at the proper level, to prevent conflicts or resolve them, to preserve common property, to work with documentation, to provide reports on the results of work.

Receives salary or benefits

Article 147 of the Housing Code of the Russian Federation prohibits members of the board and the HOA and its chairman from carrying out activities in the partnership on the basis of an employment contract.

Managing a home takes up all a citizen’s free time and does not allow him to have another job or receive a salary. The practice found a way out in assigning remuneration for work.

Such wages are due for each work performed in the house (repairing an elevator, repairing risers, painting walls, installing a common building meter). The part that will serve as a reward cannot exceed 30% of the cost of each transaction.

In addition, there is the concept of payment of insurance premiums by the partnership. They cover the costs associated with the implementation of activities (light, transport).

When there is no such need, the money will serve as payment for the chairman. These amounts are included in the bill for the maintenance and repair of the house and amount to no more than 5%.

Responsibility of the HOA chairman under the law

Articles 7.22 and 7.23 of the Code of Administrative Offenses of the Russian Federation spell out the liability that can be imposed on an official or legal entity. The head of the HOA does not have the status of an official, so it is impossible to bring him to administrative responsibility. Thus, the residents themselves will be responsible for the actions of the chairman, unless otherwise specified in the Charter. But the legal entity itself (HOA) may be subject to fines.

According to RF PP No. 731 dated September 23, 2010, the HOA, represented by the chairman, is responsible for failure to provide information or copies of documents to residents. Public access should contain information about general information about the company, basic activity data, prices for housing and communal services, work and services performed on the apartment building.

As part of judicial proceedings, the elected person is involved for:

numerous violations of repair work on common property or improper maintenance (Article 7.22 of the Code of Administrative Offenses of the Russian Federation)
failure to comply with the requirements presented by the prosecutor (Article 17.7 of the Code of Administrative Offenses of the Russian Federation)
failure to comply with the conditions and requirements of the state housing inspection (part 24 of article 19.5 of the Code of Administrative Offenses of the Russian Federation)
incorrect pricing (part 2 of article 14.6 of the Code of Administrative Offenses of the Russian Federation)
violations in working with personnel (Article 5.27 of the Code of Administrative Offenses of the Russian Federation)

The head of the HOA must compensate for losses caused to the partnership due to incorrect actions or inaction during the entire period of management (Articles 15 and 53.1 of the Civil Code of the Russian Federation).

Legal implementation of the election process of the chairman

The election of the head is carried out by holding a general meeting to discuss the nominated candidates and approve the decisions made by the main management body.

The initiator of the election of an official in the HOA can be citizens who are members of the HOA.

Reference. The existing method of holding elections involves drawing up a protocol of election, which becomes the main document for the term of stay and activities of a citizen in the position of leader established by legislative acts.

Authority

The chairman of the board of a homeowners association acts on the basis of the Charter. This document is recognized as the main one in the organization. To approve the document, a quorum of votes is required, which is more than 50% of the owners of the apartment building property. In addition to the Charter, the powers of the housing and communal services manager are specified in Art. 149 Housing Code of the Russian Federation.

Compared to the management of the management company, the head of the HOA is the most limited in his actions. The rights and responsibilities of the chairman may change if determined by a vote of the partnership members.

The responsibilities of the responsible person include:

approval of financial documentation for the house
sole conclusion of agreements without the consent of the board of the house, if they are permitted by law
accounting
signing of binding documents
Calculation of the time and place of meetings with the participation of board members
acting on behalf of the HOA without a power of attorney
hiring and firing staff
imposition of penalties for poor quality activities
disposal of the house fund
coordination of plans for changing premises plans with their owners
partnership property insurance

The manager also has a casting vote at general house meetings. In the event of a tie vote, the decision for which the chairman voted is adopted. All powers entrusted to the manager are reflected in the Charter. They must be supported by regulations of the Russian Federation and rewarded financially.

Job description of the head of the owners' association

One of the documents on the basis of which the chairman carries out his activities is the job description. It is compiled by members of the board of the partnership in agreement with the housing inspection. As a rule, the instructions include the following sections:

General provisions.
Functions assigned to the official.
Job responsibilities of the chairman of the board of the partnership.
Rights of the chairman of the HOA.
Responsibility of an official.
Additional provisions (dispute resolution, procedure for removal from office).

General provisions of the job description include:

The main task of the head of the board is to manage the activities of the partnership in the interests of residents.
The actions of the head must not contradict the legislation of the country, the signed charter and the requirements of the job description.
The head of the organization has the right to distribute assignments among officials.
The head of the partnership is responsible for the implementation of all decisions made by the members of the partnership.
The chairman may make proposals for consideration at the general meeting.
The head of the board has the right to represent the interests of the residents' association in other organizations.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

How is the chairman of the HOA elected?

The head of the HOA and representatives of the house board are elected at a general house meeting. Article 145 of the Housing Code of the Russian Federation states: in order to organize a legitimate vote, more than 50% of owners of apartment building real estate must give their consent in writing. The final result will be recorded in the voting protocol. The minutes of the meeting of the HOA board on the selection of the chairman are drawn up by the secretary of the meeting. This document is required. Without it, it is impossible to record the fact of election of the head of the partnership.

Procedure for electing the chairman

According to. 44 of the Housing Code of the Russian Federation, the general building meeting is a key link in the management of apartment buildings. It is at these events that options for solving current issues are worked out, and the manager of the HOA is elected or re-elected. At the first stage, an in-person meeting is held, the results of which are valid if a quorum of votes is reached.

The procedure is simple:

registration of residents who attended the event
determination of the chairman of the meeting and secretary
consideration of all issues on the agenda
voting by residents in writing (otherwise unacceptable)
calculation of results by the counting commission
recording in the minutes of the meeting

During absentee voting, the resident fills out a hand-delivered ballot and then places it in a box that only the board secretary has access to or returns it to the secretary. After the ballots with votes are counted, the result is announced.

All appointments are made in accordance with the legislation of the Russian Federation. Based on the minutes of the meeting, the chairman of the vote publishes and signs an order appointing the chairman of the HOA. The order form is drawn up in a free or unified form T-1, approved by the Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004.

What does an HOA have the right to do?

In short, it is to carry out work related to the management of the house, that is, to carry out those activities that were previously the focus of the management company (in the form of a commercial organization or housing department).

Now let's take a closer look at the entire scope of activities included in this concept. What exactly do residents authorize their representatives to do in the election of the HOA board?

Article 137 of the Housing Code, dedicated to the regulation of such issues, reads:

The HOA has the right to enter into agreements with management and operating companies related to the maintenance of an apartment building and the provision of the full range of utilities.
It has the right to carry out certain work without recourse to the services of the management company (for example, hiring cleaners for the entrance or organizing independent garbage collection).
The HOA is engaged in calculating income and expenses with determining the necessary funds for carrying out routine repairs of the house, paying for the activities of contractors, forming a reserve fund, as well as those intended for major repairs.

Agreement

All labor relations in the country are regulated by relevant law. An employment contract is concluded with the chairman of the HOA, like other employees. The document is drawn up in 2 copies. The term of office, and accordingly the period for which the chairman of the HOA is elected, according to the law, is no longer than 2 years. In accordance with Art. 275 of the Labor Code of the Russian Federation subsequently conducts repeated elections of a candidate or a complete change of board.

During this period, the manager acts in accordance with the labor code and the contract drawn up on its basis. The same document records the financial and disciplinary liability of the chairman, which legally allows for the recovery of costs.

What else can an official do?

In addition to Article 149 of the Housing Code of the Russian Federation, which briefly describes the functions of the head of a housing association, it is recommended to consolidate a list of his functions and powers in a special section of the organization’s charter, an employment contract and a job description.

A detailed listing of the rights and responsibilities of the manager in the statutory documents allows:

exercise control over the management of residents;
regulate and streamline the activities of the board;
avoid discrepancies when drawing up employment agreements;
resolve controversial issues without going to court.

This is what the head of a housing association does, generally speaking. Indicating a clear list of responsibilities in the job description, including the organization of work and rest hours, will help prevent abuse of authority and trust of residents, which often happens in small HOAs where management has a free schedule and often neglects responsibilities.

The charter prescribes the powers of management for a particular HOA, taking into account its characteristics , and the labor agreement concluded between the elected manager and the partnership includes a description of the duties and powers determined by the personality of the chairman.

Does it post lists of debtors?

Since the management of the housing association organizes the provision of utility services to residents, the provider of services is the partnership as a legal entity, on behalf of which the board members act.

According to paragraph 32-d of Government Decree No. 354, which regulates the supply of utility resources to owners of premises in houses, the head of the housing association has the right to suspend the supply of such resources to persons who have debts on receipts, notifying them 24 hours in advance . By order of the chairman, the tenant’s electricity can be turned off and more.

Paragraph 115 of Resolution No. 354 describes cases in which the head of the HOA has the right to turn off electricity, gas or shut off the water supply without prior notice .

The occurrence of an emergency.
Natural disasters.
Illegal connection of the owner of the premises to public communications.
The use of devices by persons living in the premises that overload the electrical network at home.
Making decisions to limit the supply of resources by the regional government.

REFERENCE! In fulfillment of the obligation to monitor regular payment for services provided by residents, the elected manager has the right to post public lists of persons with debts by name in places intended for posting advertisements, as well as on Internet resources.

The heads of large housing associations that have their own website regularly post information about debtors in special sections of the website, containing a list of people who owe payment and the amount of debts of each of them. Yes, chairmen have the right to do this.

The powers of the head of the partnership may differ depending on the number of premises included in the organization. Partnerships may include:

one apartment building;
several houses located nearby;
a large number of houses (neighborhood).

It is important to take into account that several housing associations cannot be created in one house (Clause 1, Article 136 of the Housing Code of the Russian Federation). The powers of the head of a partnership that includes only one apartment building lie in the absence of the functions necessary to coordinate the personnel servicing different residential buildings.

The list of responsibilities of the head of a small HOA usually includes the functions of an accountant and head of the human resources department. Often such managers are personally present when drawing up reports of malfunctions and supervise the implementation of repair work .

Reward formation

The general meeting of residents determines the salary of the HOA manager and board members. The amount of money received for performing the functions of operating an apartment building is subject to taxes, including personal income tax, and contributions to the Federal Migration Service, the Pension Fund of the Russian Federation, and the Social Insurance Fund. As part of the meeting, residents of the apartment building have the right to decide on the remuneration of the chairman in a fixed sum of money and is recorded in the expense item for the current year in the column “administrative expenses”. It is important to correctly formalize the owners’ decision on the level of manager’s remuneration. This document indicates how much the chairman receives during the period of management of the MKD.

How are controversial issues resolved?

Controversial issues are resolved only at a general meeting of owners of premises in an apartment building. It is this body that is considered the main one and only from it comes any initiative, to which not only the members of the board, but also the manager himself are obliged to obey.

Only a meeting of owners has the right to cancel a decision made by the manager , however, for this it is necessary to comply with a number of factors. Firstly, the meeting must be notified of the decision made and more than half of the property owners of the house must appear at it.

The second factor is voting for or against a particular decision. The outcome of the vote is determined by the number of votes for or against.

Find out about the procedure for holding absentee voting of owners from our article.

Part-time work of the chairman of the HOA

Article 282 of the Labor Code of the Russian Federation regulates the procedure for employees to perform other paid activities on an ongoing basis in their free time from key work. Employment contracts are concluded with an unlimited number of companies, unless another procedure is provided for by the Federal Law. The head of the partnership has every right to do the same.

In Art. 147 of the RF Housing Code states that not a single director, including his director, can hold another position in the same partnership. There are no restrictions on employment in other companies. The main thing is that the employment contract stipulates that the employee combines his activities.

The duration of part-time work cannot exceed 4 hours a day on days when the employee is busy at his main job. On days off he can work full time. At the same time, for 1 calendar month, the production of hours at an additional place will not exceed half of the monthly standard working hours prescribed in Art. 284 Labor Code of the Russian Federation. An exception is made only if a person is removed from activities at his main place or cooperation is suspended in accordance with Articles 142 and 73 of the Labor Code of the Russian Federation.

Are we required to sign an agreement with the HOA?

At times, residents may be outraged by the HOA’s offer to sign a maintenance agreement. Should such agreements be concluded and are HOAs obligated to do this? This practice is absolutely normal. The right of HOAs to conclude contracts, as well as the provision regulating the calculation of payments, is spelled out in Article 137 of the Housing Code of the Russian Federation.

If there are such signed agreements, the board has the right to conclude all kinds of transactions with utility providers on behalf of residents. If there is no agreement between the owner and the HOA, the residents will have to conclude the necessary agreements themselves at the representative office of the operating company.

How to change the chairman

There are several options for changing the chairman:

1) by voting within the framework of a general house meeting.

The procedure is valid with the consent of more than half of the residents,

2) upon expiration of the employment contract.

Elections for the new chairman of the HOA are made during a general house meeting. The process can be initiated if the following violations are detected:

the current head neglects his duties prescribed in the Charter
acts illegally
convicted of embezzlement, theft
violates pricing and issues illegal receipts

You can begin the process of early removal from office if over 50% of residents vote for this option. Only in this way can the members of the board make a decision to remove the powers of the head of the partnership. After this, any owner can apply to be considered for the vacant position.

The procedure for terminating cooperation with the chairman is prescribed in the Charter.

After the formation of the protocol of the HOA board on the election of a new chairman, a contract is concluded with the future manager, and an order for the appointment of the employee is published. A copy of the document along with the rest of the package of documents is provided to the tax authority. This is necessary for government officials to make corrections to the Unified State Register of Legal Entities.

What to do if you don't fulfill your duties

If the head does not fulfill his duties or treats them negligently, you need to try to negotiate with him peacefully: draw up an appeal from the residents, in which they state their complaints and demands (for example, it is better to control the janitor who does not comply with the cleaning schedule).
If the situation does not change, the procedure for electing a new chairman must begin. The first step is to collect irrefutable evidence of his bad faith.

You can check the condition of the local area, entrances, lighting, elevators. If they are not maintained or repaired, the area is cluttered, and waste is not removed, you can draw up an act stating that money is not being spent for these purposes. Additional evidence will be receipts with charges for these reasons.

Owners have the right to demand from the HOA accountant a report on how the fees they paid are spent. Copies of tax returns must be officially requested from the inspectorate.

IMPORTANT! An independent audit can be arranged, to which the chairman must comply.

Based on the violations identified, a new head is elected. You can also file a claim in court.

Where to complain about the chairman

A complaint against the chairman of the HOA is initiated in the following cases:

inflated utility tariffs
ignoring and constantly violating the norms established at a general house meeting
the fact of using common property for personal purposes was revealed
repayment of debts of individual residents at the expense of others
opposition to the rules adopted at the meeting
challenging norms that do not comply with the laws of the Russian Federation
abuse of authority
failure to fulfill the duties prescribed in the Charter, including refusal to provide public documents

One or more reasons from the list presented above allows any owner of an apartment building to file a complaint against the chairman with Rospotrebnadzor, the city housing inspectorate, the prosecutor's office, or the court. But before you contact one of the authorities, you must try to resolve the problem peacefully. To do this, a claim is drawn up in two copies and submitted to the manager. The claim is considered accepted if the applicant's form indicates the date of filing the complaint and the defendant's signature.

The Housing Code of the Russian Federation (Part 2, Article 161) provides for three ways to manage an apartment building (MCD):

direct management by owners (no more than 30 apartments);
management of a management company (MC);
management of a homeowners' association (HOA) or a housing construction cooperative (HCS) or other specialized consumer cooperative.

The management method is determined by the general meeting of owners of apartment building premises and can change it at any time based on its decision.

A homeowners' association is not the most common way to manage apartment buildings, however, it is considered one of the most effective.

The HOA is a non-profit organization and is recognized as one of the organizational and legal forms of a real estate owners' partnership (TSN) (Article 135 of the Housing Code of the Russian Federation).

TSN is a voluntary association of property owners (premises in a building, including an apartment building, or in several buildings, residential buildings, garden houses, garden or vegetable plots of land, etc.), for joint ownership, use and disposal of common property .

Unlike TSN, only owners of premises in an apartment building or several apartment buildings or in residential buildings can unite in an HOA.

The term TSN appeared in September 2014 and did not abolish the concept of HOA. The creation and activities of HOAs, the legal status of its participants are still regulated by the norms of housing legislation, which are special in relation to the general provisions of civil legislation on HOAs (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06.23.2015 N 25; Letter of the Ministry of Construction of Russia dated 10.04 .2015 N 10407-АЧ/04).

In the Stavropol Territory, about 860 HOAs have been created and operate to service and manage the housing stock.

Pros and cons of HOAs

It is believed that partnership is one of the most effective ways of management. First of all, because it includes the owners of the premises in the house themselves and they are interested in keeping the house in good condition: they decide for themselves when to carry out certain work in the house, decide on the source of their financing, and are free to choosing a contractor, have direct control over economic activities, and quickly solve problems that arise in the house.

An HOA, unlike a management company, is not a commercial enterprise and does not pursue the goal of its activities to make a profit.

An HOA can accumulate funds for major repairs in a special MKD account (clause 2 of Article 175 of the RF Housing Code), which also provides certain advantages. You can carry out major repairs ahead of the deadline established by the regional program, choose the contractor yourself and monitor the progress of the work.

The partnership pays utility bills to suppliers directly from its bank account - this minimizes costs and eliminates the possibility of incurring debt over a long period.

In addition, the organization has the right to rent out or rent part of the common property in order to generate additional income, which can be used for the improvement and repair of apartment buildings or to reduce the costs of maintaining the common property using these funds.

Another important fact noted by realtors is that housing in such houses is more liquid.

There are also disadvantages. The most important thing is the risk of error in the candidate for the post of chairman. It is not a fact that it will be reliable and the approach to managing the house will not be formal. To avoid getting into such a situation, you need to be civically active. Attend all homeowner meetings and regularly request partnership reports.

HOA for active owners who are ready to independently resolve financial issues, handle claims with defaulters, organize major repairs, monitor the execution of work, etc. Many people hesitate to create an HOA because they are afraid of responsibility.

Regulatory framework

The main documents regulating the activities of the HOA in managing apartment buildings, maintaining common property and providing utilities, just as in the case of managing a management house, are:

Housing Code of the Russian Federation;
Rules and norms for the technical operation of the housing stock (Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170)
Rules for carrying out activities for managing apartment buildings (Resolution of the Government of the Russian Federation dated May 15, 2013 No. 416)
Rules for the maintenance of common property in apartment buildings (Resolution of the Government of the Russian Federation of August 13, 2006 No. 491)
Rules for the provision of public services (Resolution of the Government of the Russian Federation dated May 6, 2011 No. 354).

Owners of premises in one apartment building can create only one HOA. The decision to create it is considered adopted if the owners of the premises in the relevant building, who have more than fifty percent of the votes of the total number of votes of the owners of the premises in such a house, voted for it (Article 136 of the Housing Code of the Russian Federation).

The minutes of the general meeting, at which decisions were made on the creation of the HOA and on the approval of its charter, are signed by all owners of the premises who voted for the adoption of such decisions.

An HOA for several apartment buildings can be created if these houses are located on land plots that have a common border and within which there are networks of engineering support and other infrastructure elements that are intended for joint use by the owners of the premises in these houses. At the same time, the decision to create a HOA, approve the charter, select members of the board, a person authorized to represent the interests of the owners and select the chairman of the HOA are made at general meetings of the owners of premises in each building by a majority of at least two-thirds of the votes of the total number of votes of the owners of the premises in these houses.

The governing bodies of the HOA are the general meeting of the HOA members and the board of the partnership.

General meetings

The general meeting of HOA members is the highest governing body of the partnership and is convened in the manner established by the charter of the partnership to resolve issues of the functioning of these associations.

Not to be confused with the general meeting of owners (GMS) of premises in an apartment building!!!

The general meeting of HOA members does not have the right to resolve issues that fall within the competence of the HOA. For example, the creation of a HOA and the adoption of its charter is the prerogative of the general meeting of owners of an apartment building, and changing the charter is the prerogative of the general meeting of HOA members. The competence of the OSS also includes the following issues:

on the reconstruction of apartment buildings, construction of outbuildings, major repairs;
on the limits of use of the land plot;
on the use of common property of the house by third parties.

Within the framework of the general meeting of HOA members, decisions are made on such issues as:

reorganization and liquidation of HOAs;
election of members of the board, members of the audit commission, chairman of the board of the HOA (if provided for by the charter);
establishing the amount of mandatory payments and contributions of HOA members;
approval of the procedure for the formation of the reserve fund of the HOA, other special funds of the partnership (including funds for current and major repairs of common property in apartment buildings) and their use, as well as approval of reports on the use of such funds;
making decisions on obtaining borrowed funds, including bank loans;
determining the directions for using income from the economic activities of the partnership;
approval of an annual plan for the maintenance and repair of common property, a report on the implementation of such a plan:

— approval of estimates of income and expenses of the partnership for the year, reports on the implementation of such estimates;

— approval of the annual report on the activities of the board of the partnership;

— approval of the conclusion of the audit commission (auditor) of the partnership based on the results of the audit of the annual accounting (financial) statements of the partnership;

consideration of complaints against the actions of the board, chairman of the board and audit commission;
adoption and amendment, upon the proposal of the chairman of the board, of the internal regulations of the partnership in relation to employees, regulations on remuneration for their labor;
determining the amount of remuneration for members of the board, including the chairman of the board.

The general meeting of HOA members has the right to resolve issues that fall within the competence of the board of the association.

Homeowners Association Charter

The HOA charter is the main document on the basis of which all activities in the partnerships are built, namely the relationship between the partnership and the residents of the house.

The HOA charter must indicate:

the name of the partnership, including the words “association of homeowners”, location, subject and purpose of its activities;
the procedure for the emergence and termination of membership in the HOA;
the composition and competence of the management bodies of the partnership and the procedure for making decisions by them, including on issues on which decisions are made unanimously or by a qualified majority of votes;
composition and competence of the audit commission or auditor of the partnership.

In cases where this does not violate the rights and legitimate interests of the owners, the partnership has the right to:

provide for use or limited use of part of the common property;
build on, rebuild part of the common property (in accordance with the procedure established by law);
receive for use or receive or acquire land plots into common shared ownership of the owners for the construction of residential buildings, construction of outbuildings and other buildings and their further operation;
carry out, at the expense of the owners of premises in the apartment building, the development of allocated land plots adjacent to such a house;
enter into transactions and perform other actions that do not violate the law.

Membership in the HOA arises from the owner of the premises in the apartment building on the basis of an application to join the partnership.

At the request of the owners, regardless of membership in the HOA, the board:

provides information about its activities;
fulfills requirements regarding the quality of public services and performance of work;
provides documents for review (HOA charter, register of partnership members, minutes of meetings, financial reports, estimates of income and expenses, reports on their implementation, technical documentation, etc.)

Rights and obligations of the HOA

The Partnership has the right:

enter into an apartment management agreement and other agreements ensuring the management of the house, including the maintenance and repair of common property;
determine an estimate of income and expenses for the year (costs for the maintenance and repair of common property, for major repairs and reconstruction of apartment buildings, special contributions and deductions to the reserve fund, for other purposes that do not contradict the law and the charter of the HOA);
establish the amount of payments and contributions for each owner in proportion to his share in the right of common ownership of common property;
perform work for owners and provide them with services;
use loans provided by banks;
select contractors and pay for their services;
sell and transfer for temporary use, exchange property belonging to the partnership.

The responsibilities of HOA members include:

maintain order in the house, cleanliness and safety of common property;
represent the legitimate interests of premises owners;
maintain a register of members of the partnership;
prevent or stop actions of third parties that are contrary to the interests of the owners.

Powers of the HOA board

The HOA board elects the chairman of the partnership from among its members.

The charter of the HOA must establish the term of office of the board and its chairman, as well as the audit commission of the HOA. The maximum term of office is 2 years.

The HOA board has the right to make decisions on all issues of the partnership’s activities, with the exception of issues falling within the exclusive competence of the general meeting of owners of premises in the apartment building and the competence of the general meeting of HOA members.

The powers that are legally assigned to the HOA board:

draw up estimates of income and expenses of the partnership for the corresponding year, reports on financial activities;
conclude contracts for the management of apartment buildings.
hire and fire workers to maintain apartment buildings.
enter into contracts for the maintenance, operation and repair of common property in apartment buildings.
maintain a register of partnership members, office work, accounting and financial statements.
convene and hold a general meeting of members of the partnership.

Powers of the chairman of the HOA board

The chairman of the board of the HOA ensures the implementation of the decisions of the board and has the right to give instructions and orders to all officials of the partnership, the execution of which is mandatory for these persons.

Chairman of the Board of the Homeowners Association:

signs payment documents and makes transactions that do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership;
develops and submits for approval to the general meeting of members of the partnership the internal regulations of the partnership in relation to employees, regulations on remuneration for their labor;
approves other internal documents of the partnership.

Manager at HOA

A manager can be a person (individual or legal) who is hired to perform management and administrative functions for the maintenance and repair of common property in an apartment building. The manager does not have to own property in the apartment building and be on the board of the HOA.

The manager takes office by mutual agreement of the parties; a civil law or employment contract can be concluded with him. In an HOA, the decision to hire a manager is most often made by the board or chairman.

Audit Commission (auditor) of the HOA

The HOA's audit commission cannot include members of the association's board.

HOA Audit Commission:

conducts audits of the financial activities of the partnership at least once a year; presents to the general meeting of members of the partnership a conclusion based on the results of the inspection;
presents to the general meeting of members of the partnership a conclusion on the estimate of income and expenses for the corresponding year of the partnership and a report on financial activities and the amount of mandatory payments and contributions;
reports to the general meeting of members of the partnership on its activities.

Thank you for your attention!

In the next lesson we will cover the topic:

“How to get a recalculation of fees for housing and communal services?”

Sample documents

Sample agreement with the chairman

Sample order for appointment to a position

Sample job description for the chairman of the board of an HOA

The head of the HOA is a responsible position for which only the owner of the property in this apartment building can be selected. The position requires a lot of time. And even more skills.

We also recommend studying the staffing schedule of companies in the housing and communal services sector.

Vacation leave and compensation payments

An elected manager in a housing organization has the right to leave only if a formal employment agreement is concluded with him, since the housing code assigns the decision of this issue to the discretion of the general meeting. During vacation, the management of a housing association may be carried out by:

Deputy Head;
one of the board members;
attracted specialist.

An outside manager is invited during the chairman's vacation in cases where the position requires the holder to have a high level of competence or other qualities that the members of the board do not possess. also possible to hire a manager from outside in the event of emergency or emergency situations during the absence of the elected head .

The manager has the right not to go on vacation, in which case he receives compensation for it in the general manner provided for by labor legislation.

We have also prepared other articles for you about management positions in HOAs:

How is the chairman of the HOA paid?
Who can be the chairman of the HOA and how to become one?
What are the differences between the job descriptions of the manager and the chairman of the board?
Structure and content of the agreement with the HOA manager.
All about the procedure for changing the chairman of the HOA.

Expenses and income of the partnership. Estimate

Financial planning is one of the fundamental powers that rests on the shoulders of HOA members. Competent persons draw up a plan for financial expenses and income for the year, which allows the collective meeting to most correctly distribute funds for the current needs of homeowners. For this purpose, an estimate is drawn up, which is approved at a meeting of members of the partnership.

For the preparation of financial statements and estimates, the following grounds may be taken into account:

the distribution of budget funds that was carried out in previous years, as well as the percentage of effectiveness of such a designated purpose;
the inflation rate as of the date of expected approval of the estimate;
financial resources that may not have been spent from the HOA budget for previous reporting periods;
technical condition of an apartment building, in particular, collective property, the maintenance of which requires the allocation of funds, etc.

In other words, the issue of financial planning is one of the most important in the sphere of competence of the members of the HOA of any apartment building. Therefore, increased attention is paid to this topic, and full control is exercised over such activities of the meeting.