Although management in garage cooperatives is carried out collectively, its members delegate management powers to another person for a certain time, who is called the chairman of the board of the GSK.
He has his own rights and responsibilities, which are useful to know in order to promptly remove an unsuitable manager from his position.
We are talking about the head of a garage or the chairman of a garage cooperative.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
Chairman of the garage cooperative - who is he?
Who is it? The chairman of the garage cooperative is the head of its main executive body - the board.
The body acts collegiately, but in fact, in most GSK the chairman is the sole manager.
He is elected by the members of the cooperative at the next vote. The chairman is a person who represents the interests of the headed organization in the courts and has the right to sign documents on its behalf.
Job description of the head of GSK
- The head of the GSK is given the opportunity to speak on behalf of the cooperative.
- This includes the ability to sign contracts, issue and take out loans, and open and close bank accounts.
- He also has the right to dispose of the property of the cooperative, but within the limits established by other provisions of the charter.
- As the head of the executive body of the cooperative, he has the right to give instructions to lower-level employees. He has all the personnel resources of the GSK at his disposal; he can appoint and remove its employees. He is also responsible for drawing up the personnel schedule - the current list of employees of the organization and their salaries.
If you expect to get the position of head of GSK, then you will have to keep accounting records, negotiate with contractors and resource supply organizations.
You are responsible for paying them for services. Therefore, you will have to constantly contact the members of the GSK and ask them to make regular contributions.
- If some criminals want to steal someone's car, then the responsibility for the gaps in the security system will lie with you.
Is the chairman of a garage community an official?
Article 285 of the Criminal Code of the Russian Federation defines an official as a person who holds a position in government bodies or in local government. They are military and law enforcement officers.
According to it, persons holding the position of member of the board of directors, audit commissions, counting commissions and other bodies of large corporations are only responsible as officials, but are not recognized as such.
As can be seen from these provisions, the head of the GSK cannot be an official. He is not a civil servant; GSK in Russia are private organizations.
What does a sample minutes of a garage cooperative meeting and a certificate from the chairman of the GSK look like?
- A garage-building cooperative is essentially a consumer cooperative, classified as a non-profit organization.
- What types of protocols exist, and how to formalize them correctly?
- What kind of certificates are there from GSK and how to get them?
- You can find out the answer to these and other questions in our article.
What are GSK protocols and what types are there?
The activities of GSK as a non-profit (clause 4 of the law dated 05.05.2014 N 99-FZ) structure are regulated in 2021 by Art. 65.3 of the Civil Code of the Russian Federation, according to which the supreme governing body of the cooperative is the general meeting of participants. This means that all issues must be submitted to the general meeting for a decision to be made on them. The protocols of a garage cooperative are as follows:
- amendments to the Charter;
- GSK meeting – extraordinary or scheduled.
The protocol is a document that allows you to record not only decisions on current problems, but also on those that are extremely important for the fate of the organization: for example, on the re-election of the chairman.
Attention! A meeting held in accordance with all the rules and a protocol drawn up accordingly will help protect the rights of members of the organization even in court.
minutes of the garage cooperative meeting
Purpose and description
In order for the meeting to take place and its decisions to be considered legitimate, it is important to make careful preparations and ensure the maximum number of people present, otherwise the decisions made by this chorale are subject to challenge in court as invalid.
Changes to the charter
If significant changes are made to the Charter, then the updated Charter, as the main and only governing document of the cooperative, will need to be registered with the state. authorities and services, in particular, the tax office at the location of the non-profit organization (if the name or legal address changes).
In order for the changes to be adopted, minutes of the meeting and a special statement are required, which must be certified by a notary. The charter itself does not need to be reprinted , it is enough to convey it to the state. authorities are the essence of the changes recorded in the protocol, which must contain:
- full name of the GSK, name of the document itself;
- name of the location and address where the meeting is being held, date and time of start;
- information about the total number of members and the number of people present;
- agenda;
How to find the head of the GSK?
There are situations when the administration of a cooperative begins to engage in dubious actions in relation to its members. And when they want to find advice on the chairman, it can be difficult to find his contacts.
There were even cases when the real head of the GSK appointed an additional informal manager to his position in order to relieve responsibility.
Read more: Filling out an accident log
In this case, you can find a chairman in several ways.
- The first is to contact the public archive of Rosreestr and enter the address of the cooperative of interest into the search bar.
- If the information is not enough, find out the energy supply organization, or call subcontractors (GSK often hire security). There is nothing illegal for them to give you the chairman's number.
- You can also contact the tax office of your region. The organization's website should have a search in the public archive of registered legal entities.
How to become the head of a garage cooperative?
The conditions for appointment to the position of chairman are specified in the charter of the cooperative. According to the standard, this requires the approval of a majority of members at a general meeting. But it is necessary to achieve not just a majority, but an absolute majority in the form of 2/3 of those who voted.
Who can be the main officer of the GSK?
To become a chairman, you must be a member of the GSK and be elected by a majority at the general meeting, subject to achieving the quorum (minimum of those present) specified in the charter.
There are no restrictions on education, work experience or criminal record. The issue will be resolved directly by the owners in the cooperative.
Salary of the chairman of a garage cooperative
If the chairman sets his own salary and bonus, this can be considered a violation of the charter.
Wages vary everywhere. But you shouldn’t count on a large sum if you decide to nominate yourself for this position. You may not receive anything at all for a long time, because the wage fund of all GSK employees directly depends on the contributions paid by the owners. If GSK has no more than 20 garages, you shouldn’t count on a salary at all.
Change of community leader
Here are step-by-step instructions for changing the head of the GSK.
To change the chairman of a garage cooperative, it is necessary to hold an extraordinary meeting of owners in accordance with the procedure established by the charter.
If they vote for a new person nominated for this position, then he becomes the new head of the GSK.
In this case, the old head immediately ceases to exercise his powers and transfers to the new chairman all the documents necessary for carrying out economic activities in the cooperative.
GSK protocol on change of chairman
The minutes of a cooperative meeting is a document that contains all the data on the progress of the event: the number of people present, their positions on issues on the agenda, whether a quorum was reached. You can draw up a form for protocols in a free manner, but there is data that cannot be skipped.
The most important thing is the number of people present and their share of the total number of people in the cooperative. This will help determine in the future whether the meeting was even competent to resolve the issues listed on the agenda.
The form indicates who is appointed as the chairman of the meeting and its secretary. The secretary fills out the form and is responsible for counting the votes. The chairman announces the items on the agenda and monitors the progress of the discussion. At the same time, other issues may be on the agenda in the protocol on the change of chairman.
If you wish, you can record not only the percentage of votes on issues on the agenda, but also record specific comments in the form of quotes, that is, keep a real transcript.
It is necessary to write down the voting results, which must be signed by the secretary and the chairman of the meeting.
The results should be public to all members of the cooperative; it is advisable to post them near the board building and post them on the cooperative’s website on the Internet.
How to remove the chairman from his duties as a legal entity. faces?
Sometimes the heads of such organizations want to stop holding their positions. To refuse chairmanship, you need to submit an application to the tax authority at your place of residence about your desire to liquidate the cooperative without creating a successor organization.
But according to the charter of the cooperative, issues such as the liquidation and reorganization of the GSK can only be decided by 2/3 of the votes at the general meeting of members. Otherwise, it will not be possible to legally liquidate the organization and be released from office.
If the meeting does not want to relieve you of your position for some reason, then you can cope with the pressure of members of the general meeting only by deliberately ignoring your duties. In this case, you will simply be required to be relieved of your duties due to a direct violation of the charter.
The issue of choosing the chairman of the general meeting is on the agenda
We have always recommended, regardless of what issue the OSS meets on, to include three selection issues on the agenda:
- Chairman of the OSS,
- Secretary of the OSS,
- OSS Counting Commission.
Our recommendations are confirmed by the Ministry of Construction of the Russian Federation in letter dated June 23, 2017 No. 27787-OG/04.
If you don’t want to include these issues on the agenda every time, you don’t have to include them. In this case, at one of the previous meetings, decide that the people selected for these positions will remain in their positions for a certain time. For example, for a year or for the next few meetings.
If the chairman or secretary who has been elected for a specified term is unable to attend any meeting, the issue of electing other people is included on the agenda. If someone from the counting commission does not attend the meeting, then its composition is approved anew.
If the owners of the OSS reject the proposed candidates for the chairman, secretary of the meeting and members of the counting commission, the protocol is signed by the initiator of the meeting (clause 21 of the order of the Ministry of Construction of the Russian Federation dated January 28, 2019 No. 44/pr).
Let us remind you that the agenda always includes:
- a list of issues that the meeting plans to consider;
- the question of the storage location of protocols and other documents related to the conducted OSS. This issue can be resolved once and not included on the agenda of subsequent meetings.
How the Federal Law “On Personal Data” works when conducting OSS
Requirements for candidacy for chairman of the OSS
The legislation does not impose any requirements for the candidacy of the chairman, secretary of the general meeting and members of the counting commission, and the procedure for their election. But they are still elected from among the owners of premises in the apartment building.
The Ministry of Construction of the Russian Federation explained that the counting commission may include the chairman of the meeting and the secretary, since the composition of the counting commission is determined by the decision of the owners.
The Ministry of Construction of the Russian Federation recommends that the initiator determine candidates for the counting commission in advance in preparation for the general meeting of owners (Order of the Ministry of Construction of the Russian Federation dated July 31, 2014 No. 411/pr).
Analysis of problem situations related to this position
The elected head of the cooperative needs to decide whether he holds a position in accordance with the charter of the organization he heads or is engaged in commerce.
Read more: How to find out the salary of a school principal via the Internet
Conducting business activities on behalf of a garage cooperative is possible only with the approval of the general meeting.
Moreover, since GSK are not commercial organizations, profits cannot go to its chairman. It goes to pay for the services of contractors and resource supply organizations.
For this, he can be held accountable under Article 171 of the Criminal Code of the Russian Federation, Article 14.1 of the Code of Administrative Offenses, and Articles 116 and 122 of the Tax Code of the Russian Federation. Also involve other members of the cooperative in the problem and convene an extraordinary meeting to change the head of the cooperative and close illegal offices.
Article 116. Violation of the procedure for registration with the tax authority
- Violation by a taxpayer of the deadline established by this Code for filing an application for registration with the tax authority on the grounds provided for by this Code shall entail a fine in the amount of 10 thousand rubles.
- Conducting activities by an organization or individual entrepreneur without registering with the tax authority on the grounds provided for by this Code shall entail a fine in the amount of 10 percent of the income received during the specified time as a result of such activity, but not less than 40 thousand rubles.
Protocol on the election of a new general director sample
Company directors may be appointed for a fixed term or indefinitely. Depending on this, the change of director can be planned or unplanned. The procedure begins with a meeting of the organization's participants. Let's take a closer look at this stage.
Preparatory stage
At the first stage, it is necessary to make a decision to hold a general meeting of LLC participants, at which the powers of the old general director are terminated and a new one is elected. The procedure for convening and preparing this event is determined by Federal Law of 02/08.
1998 No. 14-FZ “On Limited Liability Companies” (hereinafter referred to as the Law). The decision to convene is made by the executive body of the company.
Depending on whether the change of leadership was planned in advance or whether it is unscheduled, preparations are made for a scheduled or unscheduled meeting.
The difference in preparation is that the timing of a scheduled meeting is specified in the company’s charter, but an unscheduled meeting is not. Accordingly, society participants must send a demand to the executive body about the need to hold this event.
The following is the graph.
Within 5 days from the date of receipt of the request, the executive body is obliged to consider it and make a decision on approval or refusal to hold a meeting.
Within 45 days after submitting the request for its holding (if approved), the meeting must take place. This is stated in paragraph 3 of Article 35 of the Law.
30 days before the event (no later), those convening the meeting must notify other participants about it. This is done by sending a registered letter with notification to the address indicated in the list of company participants in the company's charter. Notification is also made in any other way specified in the regulatory documents of the organization.
Making a decision
The minutes of the board of directors on the change of director is a document confirming the fact that the powers of the new general director have been vested. It is the basis for drawing up the remaining documents necessary for the new manager to take office. In particular, an employment contract is drawn up on its basis.
- Document's name.
- Date and place of compilation.
- Name of company.
- List of those present and presence of quorum.
- Full name of the chairman and secretary.
- Agenda.
- Participants' positions.
Let's sum it up
The chairman of the board of the cooperative is an elected position to which a person from among the members of the cooperative can be appointed. He is also dismissed from office by a majority decision at the general meeting. He has no right to engage in entrepreneurial activities without the knowledge of the members of the GSK.
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
+7 (Moscow) +7 (St. Petersburg)
Hello! I was recently elected chairman of the GSK (garage construction cooperative). What actions do I need to take with the tax authorities? The old chairman said that he submitted a zero declaration, he was told that he did not need to pay land tax since our GSK does not have a technical passport. How to make changes, do I need to submit a declaration of form No. P14001? GSK is not engaged in commercial activities,
GSK Protocol New Edition 2021 Sample
Minutes are required at each general meeting of participants in a garage-building cooperative. The protocol is the main evidence of every decision made.
If one of the participants does not agree with this or that decision and initiates proceedings on this issue through the judicial authorities, then the remaining members of the cooperative will be protected by a correctly drawn up protocol of the meeting.
The reasons for writing the protocol coincide with the reasons for the gathering of the founders of the garage and construction cooperative. They are formed based on the agendas that initiated the meeting.
Among the main reasons, 8 main ones can be identified:
- Creation of a garage cooperative.
- Approval and amendment of the charter of a garage-building cooperative.
- Determining and changing the location of garages.
- Election of the board and change of board of GSK.
- Election of an auditor and change of auditor of a garage association.
- Election of the chairman of the general meeting of the garage-building cooperative and its replacement by choosing a new chairman.
- Setting and changing contributions of members of a garage-building cooperative.
- Making a decision to liquidate GSK.
The secretary of the meeting must draw up and document the minutes of the garage-building cooperative.
The law does not directly indicate who can be the secretary, so participants in the general meeting make decisions at their own discretion.
The general practice of meetings of garage associations shows that the secretary is the same person, usually a member of this garage association. Less often, the functions of the secretary are performed by the chairman of the meeting.
In order for the protocol not to be challenged in court, it must be drawn up correctly from the legal side. In the header section, the restriction relates to the spelling of the name of the cooperative. It must be complete, without abbreviations.
For example: Garage and construction cooperative "Aviator".
Also, the date and location of the meeting must be indicated in the heading. There are no special restrictions: the date is in free form, including day, month and year.
For example: 03/23/2017 or March 23, 2021.
The name of the locality is written in full; geographical abbreviations are allowed.
For example: the city of Kursk or the city of Kursk.
Minutes of the general meeting of the GSK: rules for drawing up the document and extract
MINUTES No. 1/2018 of the Extraordinary Meeting of the Commissioners of the Kometa Garage and Construction Cooperative (with the invitation of all members of the GSK as participants in the meeting).
City of Moscow The initiator of the meeting of authorized (hereinafter referred to as the Meeting) members of the garage and construction cooperative "Kometa" (hereinafter referred to as the GSK) is the GSK Audit Commission, appointed by the Decision of March 11, 2017.
Answers to the question
Good evening! Regardless of whether you are engaged in commercial activities or not, you need to make changes to the Unified State Register of Legal Entities. To do this, the following documents must be submitted to the registrar within 3 days from the date of the general meeting::
- Application for amendments to information about a legal entity contained in the Unified State Register of Legal Entities in the form R 14001, certified by a notary,
- Minutes of the general meeting of GSK members on the appointment of a new chairman
- Order on the appointment of a new chairman
For violation of the deadline, liability is provided in the form of a fine of 5,000 rubles (Part 3 of Article 14.25 of the Code of Administrative Offenses of the Russian Federation). The applicant is the new chairman. There is no state fee.
The issue of car storage is extremely relevant for city residents. Often, car owners live in apartment buildings and do not want to store their “iron horses” under their windows. In order to organize the safest and most convenient storage of cars, it is not uncommon for a city resident to become a full member of a garage cooperative, acquiring his share in it.
This type of obligation is one of the few in the garage industry that can be officially registered, so for its existence it is important to comply with all legislative nuances concerning the work of this organization. An integral part of a garage cooperative, according to the law, is its chairman, who is a separate caste of leaders. Today we will talk in more detail about his powers, responsibilities and the principle of election.
Cooperative protocol, sample
>In what cases are minutes of the general meeting of the State Joint Committee necessary and how to correctly draw up such a document?
When is drafting required?
Minutes are required at each general meeting of participants in a garage-building cooperative. The protocol is the main evidence of every decision made.
If one of the participants does not agree with this or that decision and initiates proceedings on this issue through the judicial authorities, then the remaining members of the cooperative will be protected by a correctly drawn up protocol of the meeting.
Important! Decisions made at the meeting of the State Committee and recorded in the minutes must not contradict Article No. 50 of the Civil Code of the Russian Federation, which regulates the activities of non-profit organizations.
Reasons for formation
The reasons for writing the protocol coincide with the reasons for the gathering of the founders of the garage and construction cooperative. They are formed based on the agendas that initiated the meeting.
Among the main reasons, 8 main ones can be identified:
- Creation of a garage cooperative.
- Approval and amendment of the charter of a garage-building cooperative.
- Determining and changing the location of garages.
- Election of the board and change of board of GSK.
- Election of an auditor and change of auditor of a garage association.
- Election of the chairman of the general meeting of the garage-building cooperative and its replacement by choosing a new chairman.
- Setting and changing contributions of members of a garage-building cooperative.
- Making a decision to liquidate GSK.
Who composes?
The secretary of the meeting must draw up and document the minutes of the garage-building cooperative.
The law does not directly indicate who can be the secretary, so participants in the general meeting make decisions at their own discretion.
The general practice of meetings of garage associations shows that the secretary is the same person, usually a member of this garage association. Less often, the functions of the secretary are performed by the chairman of the meeting.
How to apply?
The legislation of the Russian Federation does not provide for a form for the minutes of the meeting of the founders of a garage association. Therefore, the minutes of the meeting of members of the garage cooperative should be written in free form. At the same time, according to clause 3 of Article No. 181.2 of the Civil Code of the Russian Federation, there is a general requirement for the preparation of minutes of meetings of non-profit organizations:
- This document must have a unique number and the date of the meeting.
- The protocol must be signed by the chairman of the general meeting of members of the garage cooperative and the secretary of the meeting.
The minutes of the general meeting are not stamped, since the chairman of the meeting is not the chairman of the board, even if de facto these people are the same.
What should the document contain?
According to Article No. 24 of Federal Law No. 193 of 1995, as amended in 2016, the following information must be contained:
- The name of the cooperative, information about its actual location.
- Place of the meeting, date, start and end time.
- The date of notification of the members of the garage association about the upcoming meeting and the date of provision to them of the materials considered at the meeting.
- The total number of members of the association, the number of members of the cooperative who came, the number of participants with voting rights.
- A note on the legality of holding a meeting of participants of the garage cooperative.
- A list of issues that are raised at the meeting.
- Full name of the speaker speaking to the members of the association, the main points from his speech.
Who is the chairman of a garage cooperative?
Garage cooperative - shared ownership
A garage-building or, as is often said, a garage cooperative is an organization that was created by a group of citizens on a voluntary basis and is aimed at providing some conditions for storing their cars, as well as for the rational use of garage buildings.
At its core, the property of all members of the Civil Code is common, but divided into shares. This method of owning property is called shared ownership, therefore the members of the cooperative must maintain the common parts of the property jointly. The activities of the Civil Code are regulated by the legislation of the Russian Federation and the organization’s charter.
According to current laws, the maintenance of common property and, in general, the existence of a cooperative cannot be organized without determining its chairman. In fact, this status gives a member of the Civil Code the powers of a leader. It is important to understand that the citizen elected as chairman must adhere to a number of obligations and take appropriate actions.
Read more: Contract for consulting services in construction
The chairman of a garage cooperative is elected by its members; the law does not provide for any other procedure. Co-operators have the right to elect a chairman by majority vote or in another manner provided for by their charter and not contrary to the will of the majority of members of the Civil Code.
The chairman of the cooperative undertakes to carry out his work in accordance with the organization’s charter and current legislation. The activities of this person are accountable, that is, the chairman must be in close contact with the members of the cooperative.
Often their interaction occurs at a general meeting, which is organized when it is necessary to resolve important issues of the Civil Code. It is also worth noting that the chairman has the right to assign tasks to cooperative employees, who undertake to carry them out.
Sample minutes of the general meeting of the labor collective 2021
Drawing up minutes of the general meeting of the workforce is necessary to register actions at general corporate meetings. The reason for such events can be completely different circumstances:
- selection of candidates for presentation at various conferences, seminars, congresses,
- approval of some internal documents, acts,
- amendments to collective agreements,
- summarizing the results of work or familiarization with the company’s development strategy, etc.
FILES Download a blank form of minutes of the general meeting of the labor collective .docDownload a sample protocol of the general meeting of the labor collective .doc
Typically, such meetings are held in large organizations with an extensive network of structural units and a large number of employees. Small businesses, as a rule, do without such formalities.
Why are general meetings needed and why document them?
A work collective is not just a certain number of employees of one enterprise interacting with each other and external entities to achieve common goals.
This is a separate body, which, like the management of the company and its administrative part, is endowed with certain powers.
In order for the team to make a decision on any pressing issue, it is necessary to gather it in one place and bring this issue up for discussion.
It should be noted that the topic of the meeting can concern either one problem or several at once.
General meetings make it possible to build a vertical connection between ordinary employees of an enterprise and its management, ensure prompt resolution of acute external and internal corporate problems and labor disputes, create and approve regulations and documents, as well as resolve any other pressing issues.
The role of the minutes in this process is also quite clear and simple: it consistently records everything that happens at the meeting to reflect in writing the opinions or decisions of its participants. As a result, in the future this document serves as the basis for the company’s management when taking any measures, developing documents, etc. actions.
Responsibilities of the chairman of the cooperative
The chairman of the garage cooperative is elected by the members of this cooperative
As it became clear from the previous paragraph of the article, the chairman of the Civil Code is a kind of curator of the existence of this organization. Considering such an important status of such a position, the person holding it undertakes:
Based on the above responsibilities of the chairman of the garage cooperative, the following rights of this official arise:
- action without trust documents on behalf of the Civil Code;
- representing the interests of the organization in interaction with other legal entities;
- disposal of the property of the cooperative in accordance with the norms of its charter and the current legislation of the Russian Federation;
- opening bank accounts of the Civil Code;
- concluding employment contracts with cooperative employees;
- within the scope of competence – signing and endorsing documentation, as well as making a number of management decisions;
- improving your professional activities with the help of qualifying events.
It is important to understand that failure to fulfill duties or exceeding authority on the part of the chairman of the cooperative is a punishable act. The responsibility imposed on a person depends on the severity of the offenses and is determined either by the provisions of the charter of the Civil Code or by the current legislation of the Russian Federation.
General rules for drawing up and filing a protocol
Only a correctly drawn up and executed protocol can fully ensure the legal force of decisions that are made on the basis of the principle of collegiality. We explain in detail how each detail of this document should be formatted.
We note what is mandatory and what is optional in the preparation of the protocol. We show many examples.
The general algorithm for drawing up and processing protocols deserves the most careful and detailed study not only by secretaries conducting office work, but also by managers and specialists organizing corporate governance procedures.
This article is a visual guide to preparing protocols. It will help you create a protocol correctly and quickly. It will also come in handy when you decide to teach this to your colleagues in order to save yourself from having to correct the mistakes they make.
Name of the type and affiliation with documentation systems and subsystems
Minutes are a document recording the progress of a meeting and the procedure for making decisions by a collegial body.
The following are subject to mandatory recording:
- meetings of permanent collegial bodies of state power and administration, municipal government bodies, management bodies of enterprises and organizations (general meetings of founders, shareholders, meetings of boards of directors, boards of committees, commissions, directorates, etc.) and
- one-time or periodically convened conferences, meetings, meetings.
Reflection in the purpose of creating a document of the management principle of collegiality, collegial decision-making allows us to speak of the protocol as an independent type of document.
The protocol is a document related primarily to the system of organizational and administrative documentation. Protocols are management administrative documents (belong to the subsystem of administrative documentation) that perform managerial and legal functions, and the legal function of the protocol is a priority and comes to the fore.
But a document with the name of the type “PROTOCOL” is used in the process of documenting many other types of activities.
In educational and scientific institutions, protocols record scientific achievements and discoveries, admission to training, opening of specialties, educational standards, assignment of professional qualifications, academic degrees and titles, election to positions and other issues. Such protocols relate to systems of scientific research or educational and methodological documentation (to certain subsystems of them, depending on the purpose of creating the protocol and its content).
In business practice, protocols of business meetings, protocols of intent, protocols for the transfer of confidential information, protocols of disagreements and others are drawn up, which record not management decisions, but agreements and achievements reached by the parties (i.e.
How is the work of the chairman organized?
A lot depends on the chairman of the garage cooperative...
At the end of today’s material, it would be useful to consider the procedural order of organizing the work of the chairman. According to generally accepted and legislative norms, the appointment of a chairman to his position and subsequent work occurs as follows:
- First, the chairman is elected to office. This procedure takes place at a general meeting of members of the cooperative and, as a rule, with the determination of a larger number of votes. It is worth noting that no member of the Civil Code can be appointed to the position of chairman against his will. If among the members of the organization there is no one willing for this position, then you need to find an “outside person” who will work for some payment.
- After choosing a chairman, he is registered in the relevant documentation of the cooperative. From this moment on, he undertakes to carry out his activities in accordance with the charter of the Civil Code, current legislation and his job description.
- If necessary, after the appointment of a chairman for this position, the general meeting may choose the form and amount of remuneration for his work, unless otherwise previously provided.
As you can see, the chairman of a garage cooperative is a fairly responsible position that requires the person appointed to it to know his duties, rights, the organization’s charter and current laws. We hope the material presented today was useful to you. Good luck in your legal relationship!
You can understand in more detail who the chairman of the garage cooperative is thanks to the video:
Change of HOA chairman: procedure for re-election
- The chairman of the housing association leaves his position in the following cases:
- The procedure for removing the governing bodies of housing associations and electing new ones is determined by housing legislation and the charter of a particular structure.
- REFERENCE!
- Early termination of the powers of the head of the housing association is within the exclusive competence of the general meeting of residents-members of the HOA (Part 3, paragraph 2, Article 145 of the Housing Code of the Russian Federation).
- Part 3, paragraph 2, Article 145 of the RF Housing Code. General meeting of homeowners association members
- The competence of the general meeting of members of the homeowners association includes:
- Election of members of the board of the partnership, members of the audit commission (auditor) of the partnership and, in cases provided for by the charter of the partnership, also the chairman of the board of the partnership from among the members of the board of the partnership, early termination of their powers.
- An early change of leadership in a housing association occurs in cases where the current chairman:
- fails to cope with his responsibilities;
- ignores requests and complaints from apartment owners;
- cannot solve problems with debtors;
- noticed in embezzlement;
- violates the charter and legislation of the Russian Federation;
- uses entrusted powers for personal purposes.