Who is the chairman of the partnership
The chairman acts as the head of the governing body of the HOA. The candidate is selected from among persons who have membership in the partnership. In addition, the statutory documentation may state that the right to choose is granted to the general meeting.
In Art. 147 of the Housing Code of the Russian Federation states: the powers of the chairman are granted only to a member of the HOA.
A citizen must be the owner of a residential premises in an apartment building (MCD). At the same time, a person is not required to reside in this territory.
To protect the rights of residents in different authorities, it is not necessary to issue a power of attorney. The reason is that only a citizen who is trusted by the majority of HOA members can occupy this position.
Legal basis for the activities of the chairman
The chairman of the board of the HOA carries out activities on the basis of current standards, including the Housing Code of the Russian Federation. Local acts are also being developed. Acceptance is carried out by citizens living in an apartment building.
Often such a document is the Charter of the partnership. It states what powers and responsibilities are vested in the chairman of the HOA.
Who can take the position of chairman
The position in question assumes that the person meets certain conditions.
Including:
- the presence of residential premises in the building, the residents of which elect him as chairman;
- higher education. The best option is if the person previously held a leadership position.
What will be taken into account is whether the citizen has the qualities of a leader. Otherwise, he will not be able to effectively lead the partnership.
What requirements must a person occupying this position meet?
Who can become the chairman of the HOA? Like any other position, the Chairman must meet the following requirements. In each partnership they are individual.
But there are basic requirements:
- in some cases, a person with a higher economic or technical education is required;
- There is often an age requirement; the candidate must be over thirty years old;
- not previously subject to trial;
- have enough time to complete the work.
Responsibility, competence and clarity are also necessary qualities of a candidate for the position.
Knowledge of the technical structure of the building is important.
A prerequisite is knowledge of all regulatory and legislative documentation related to HOAs.
Obtaining the powers of the chairman
There are several options through which a person begins to act as the head of an HOA.
Including:
- conducting voting in person. This will require a quorum of votes;
- use of the correspondence form of this event. Used when not enough members attend a meeting to obtain a certain number of votes.
Provisions of Art. 48 of the RF Housing Code indicate that voting results must be taken into account according to the share of ownership each participant has.
Preparation of the selection protocol
The partnership is treated as a legal entity. Management is appointed according to the standard procedure described in the Civil Code of the Russian Federation.
The following activities should be carried out:
- A protocol is formed and signed based on the results of the meeting. The document indicates the decision made by the majority of participants;
- an order for appointment to a position is created. The document is issued by the new head of the board of the partnership.
The protocol has a prescribed form. It was approved by the State Statistics Committee of the Russian Federation. Mandatory elements of the order are the data of the citizen who occupied a leadership position, the period of execution of powers, date and signature.
Protocol example
The documents of the chairman of the HOA begin to be formed from the meeting of the board of the association.
The protocol looks like this:
PROTOCOL No. 1
HOA board meetings
St. Petersburg 12/05/2022
The following members of the partnership were present at the meeting:
- Ivanov Ivan Ivanovich
- Petrov Ilya Sergeevich
- Nesterov Maxim Igorevich
ON THE MEETING AGENDA:
Selection of the head of the HOA "Bullfinch"
Listened:
Ilya Sergeevich Petrov regarding the election of the chairman of the Snegir HOA
Decided:
Elect Maxim Igorevich Nesterov as chairman of the partnership
Voted:
- FOR – unanimously
- Against – no
- Abstained - no
12/05/2022 ____________ (Ivanov I.I.)
_______________ (Petrov I.S.)
_____________ (Nesterov M.I.)
Minutes of the HOA meeting on the selection of the chairman in WORD format
About rights
Since the responsibilities of the manager of any HOA are quite transparent, we should not forget that this person is endowed with certain rights. The re-election of the chairman of each HOA automatically assigns certain powers to the new manager.
The obtained position is determined by the following rights:
- Control over personnel, drawing up orders and instructions that will be mandatory for implementation. This right answers the question of whether the chairman can officially create orders.
- Independently choose and enter into contracts with companies that will provide the home with utilities. During the absence of the chairman, they are issued a power of attorney for the deputy, who will have similar rights.
- The chairman has the right to be in someone else’s apartment without the consent of the residents, if required by production needs, for example, an emergency situation in the house or other dangerous situations.
- The re-election of the chairman of any HOA occurs on the basis of the participation rights of the previous manager, and his vote may become decisive. He also has the right to voluntarily withdraw his powers. How the chairman is elected and whether an owner who does not live in the house can be the chairman of the HOA must be specified in the Charter.
- An important point is the remuneration of the manager. The chairman has the right to be paid for his work, even if his temporary position is based on a power of attorney from the permanent manager. The salary amount is determined initially when creating a partnership and creating positions.
- If a conflict arising at the house level cannot be resolved peacefully, the chairman has the right to go to court.
Chairman status
The rights and obligations of a manager constitute his legal status.
Responsibilities include:
- analysis of decisions made by board members. It is necessary to take into account the interests of all participants in the relationship in question;
- performing duties on behalf of the HOA;
- formation of decrees for each member of the partnership;
- affixing signatures on acts and adopted documents;
- issuance of wages to persons servicing apartment buildings.
The chairman's salary is fixed. The main points are stated in the Charter of the organization in question.
Important! The chairman of the house can become the head of the partnership. Regardless of who holds the position of head of the HOA, he has the right to cancel decisions made by board members, hold meetings, lay off employees, and receive remuneration.
Responsibility of the head of the HOA
When a citizen in a leadership role fails to properly fulfill his responsibilities, he is held accountable.
Punishments are prescribed in the Charter. This includes dismissal from office, after which new elections are held.
The measures used are affected by the nature of the violation committed . When a manager has wasted funds received from residents, an application may be filed against him in court. Otherwise, it will not be possible to collect funds.
Liability is established if:
- a report on the activities carried out was not provided;
- documentation is not stored in proper form;
- the instructions of the Housing Code of the Russian Federation have not been fulfilled.
An employment contract is drawn up with the head of the partnership. It reflects what duties a citizen must perform
Bringing the chairman of the owners' organization to justice: judicial practice
Judicial practice indicates that sometimes the chairman is brought to criminal liability . This applies to situations where fraud is involved.
For example, on May 27, 2021, the Moscow City Court issued a verdict in case 1-313/21, according to which citizen Romanovskaya O.S. found guilty under Part 3 of Art. 160 of the Criminal Code of the Russian Federation. During her tenure as chairman of the HOA, she stole the property of this organization in the amount of 105,000 rubles. Romanovskaya was sentenced to imprisonment for 1 year and 10 months.
Who cannot be chairman
When choosing a candidate for the leadership of the owners' organization, the general meeting of participants must take into account the restrictions established by law.
Based on the results of the meeting, the following cannot be elected as the head of the HOA:
- not the owner of the residential premises in the house;
- member of the management company;
- a person serving on the audit commission.
The Housing Code of the Russian Federation, when considering the question of whether a given citizen has the right to give instructions or transfer powers, reflects the prohibition.
Activity report
Whether a manager may not report on his activities is stipulated in Article 151 of the RF Housing Code.
The Code provides for the need to generate a report. The document reflects basic information regarding the work of the HOA.
Including:
- reporting period;
- directions for using the organization's funds;
- the amount spent on the needs of the MKD.
A report is provided to the board of the partnership.
Duration of powers
Provisions of Art. 149 of the Housing Code of the Russian Federation indicates that the term of execution of the powers of the head of the partnership is limited. This period is described in the Charter. The maximum length of tenure is 2 years.
What does the chairman do after this period has expired? He waits for the meeting to be held. Based on its results, a citizen can be re-elected.
Validity
When drawing up an employment contract, its type of validity is indicated - fixed-term and unlimited. Limiting the period of validity of the document implies a clear time frame for the employee’s work activity, in accordance with Article 79 of the Labor Code of the Russian Federation. At the end of the contract, it can be extended with a new document , or it means the end of the employment relationship.
As for an open-ended contract, its termination can be accomplished through early termination at the initiative of one of the parties or by bilateral agreement.
The validity period of the job description is active until the requirements for the employee’s functional obligations remain relevant, and the general rules of the labor process remain unchanged.
Salary of the chairman of the organization
The manager's remuneration is stipulated in 2 acts.
These include:
- Housing complex of the Russian Federation;
- statutory documentation of the organization.
The Charter specifies the percentage of the salary paid to the head of the HOA. Whether the selected citizen has the right to participate in determining the amount of remuneration is established in the Housing Code of the Russian Federation. The amount is determined by residents or board members.
Please note: the payment can be any, provided that it does not affect the coverage of the needs of the MKD. The former chairman loses the right to preferences granted to members of the HOA.
What is the job?
The main activity of a specialist hired to manage an HOA is organizing the work of personnel and concluding contracts with third-party organizations that provide apartment buildings with utilities and carry out repair work.
The interaction of the involved manager with the housing association can occur in the following ways:
- full trust management;
- management of a separate area of HOA activity;
- working with contractors.
A full trust agreement involves the issuance of a power of attorney from the chairman to the manager for unlimited authority to act on behalf of the partnership. Such an agreement is concluded when anti-crisis management is necessary, when the partnership has a number of urgent problems that need to be solved in a short time to normalize the functioning of the housing and communal system of an apartment building.
Unlimited powers are also given to the manager in “lazy” HOAs created in buildings with a small number of apartments.
ATTENTION! A partial management agreement is concluded when it is necessary to establish a separate area of activity of the housing association, for example, to select permanent personnel for responsible financial positions or to organize the work of a repair service.
Often the manager is involved in establishing interaction between the HOA and companies that supply resources (heat, water, electricity, etc.); such a need often arises in the first months of the transition of an apartment building from maintenance with the help of a management company to a housing association.
In this case, a civil contract is concluded with the specialist involved and powers are transferred exclusively in the area of concluding agreements with external organizations. Specialists in this field often act as individual entrepreneurs and work under a contract simultaneously in several HOAs.
Change of management of the partnership
An HOA cannot exist without a chairman. Therefore, there is a change in leadership.
It goes like this:
- a member of the board makes a proposal regarding the change of chairman;
- a meeting is called;
- voting takes place.
Re-election of management requires this decision to be made by a majority vote. Based on the results of the meeting, a decision is made in writing. No change is made if a minority votes.
Thus, if a person does not fulfill his duties, a complaint is filed against the chairman of the HOA. The document is submitted to the judicial authority or prosecutor's office. It depends on what kind of violation the citizen committed.
