The MKD council should be in every house where there is no partnership or cooperative
According to Part 1 of Art. 161.1 of the Housing Code of the Russian Federation, an MKD Council should be in every building with five or more apartments, unless a HOA, TSN, housing or consumer cooperative has been created in it. The council should consist only of the owners of premises in the house: tenants and tenants cannot become members of this association.
An anonymous survey is being conducted in the NP “Housing and Communal Services Control” group on VKontakte about whether a House Council has been created in the apartment building where the readers live. Of the 200 people who had already taken part in the vote, 39 answered that there was no vote.
From the NP ZHKH Kontrol group on VKontakte
At the same time, in a house where management is placed in the hands of a specialized organization - the management authority, the presence of the MKD Council is of great importance. The Housing Code of the Russian Federation assigns several quite important functions and competencies to such an association of residents. NP Housing and Communal Services Control has prepared a visual infographic about what powers the legislation gives to the Council of MKD. Let's look at it in more detail later.
How to elect a house council and its chairman and why does the MA need this?
Involve people of different ages and backgrounds in the House Council
If the issue with quantity is easy to solve, then with the quality composition it is necessary to work carefully. The council should not consist only of retired activists, but there definitely should be some! They are not indifferent to what is happening, often have more time than the working residents of the house, and are familiar with many of their neighbors.
Let them take half of the seats on the Council. Their concern and activity should be complemented by those who will understand the nuances of legislation, estimates, and technical aspects of issues. It is optimal if the MKD Council includes a lawyer, a speaker capable of negotiating with residents and management authorities, and a person with a technical education.
Of course, this is the ideal option. If such residents of the house cannot be involved in the Council, you can at least agree on help and support when members of the MKD Council need advice. Even non-owners living in the house, who cannot officially be a member of the House Council, can become consultants.
The Chairman of the Council of MKD signs acts of work/services and represents the owners using powers of attorney
The MKD Council is headed by a chairman elected from among the members of the association (Part 6, Article 161.1 of the Housing Code of the Russian Federation). His powers are listed in Part 7 of Art. 161.1 Housing Code of the Russian Federation. Chairman of the Council of MKD:
- Has the right to enter into negotiations with the MA on the terms of managing the house on behalf of the owners until the moment when the OSB approves such conditions.
- Concludes a management agreement if the owners have given him a power of attorney to do so.
- Signs acceptance certificates for completed work if the MKD Council has made an appropriate decision based on the results of quality control of the services/works of the MA; otherwise, he signs quality claims.
- Appears in court in matters of house management on behalf of the owners on the basis of a power of attorney issued to him.
It should be taken into account that in Part 8 of Art. 161.1 of the RF Housing Code in the new edition No. 277-FZ now states that the chairman of the MKD Council acts on the basis of either powers of attorney issued to him by the owners, or a decision of the general meeting that vested him with powers. In the first case, he represents the interests of only those owners who issued powers of attorney to him, in the second - all owners of premises in the apartment building.
In accordance with clause 4.3, part 2, art. 44 of the Housing Code of the Russian Federation, owners at a general meeting have the right to expand the list of powers of the chairman of the MKD Council. Infographics from Housing and Communal Services Control clearly show what the MKD Council and its chairman can do.
We suggest that management organizations post these leaflets in houses where the House Council has not been created, or where it is not active/working. They can also be presented to the owners before the general meeting, at which questions about the selection of members of this association are raised.
How can the MKD Council work with the management organization and residents of the building?
