What are the rights and responsibilities of a house elder: functions, powers and salary

Why do you need a house elder?

A house manager in an apartment building is a need that has arisen at the present time due to a number of circumstances.
The work of management companies often raises doubts among the owners of apartments in an apartment building. Payment for services, quality, frequency, and indeed availability as such, which no one controls, benefits only the management company. The owners, being a disparate mass that does not want to unite, are unlikely to be able to objectively control the work of the management company. In this case, a senior person in the house becomes a direct necessity.

Someone should keep documents about the decisions of the meeting, certificates of work performed by contractors, someone should constantly evaluate the quality of work performed by the contractors of the management company, someone should have all the keys to the common premises, someone should organize everyone owners to make any decisions. This “someone” is the eldest in the house .

the house manager for clarification of their rights and expenses incurred. Through senior house owners, owners can communicate with the management company, thereby saving their time and money.

In general, we can say that when an apartment building is managed by a management company, the house manager is a prerequisite for the targeted use of funds collected for general household services.

Responsibility for failure to fulfill one's duties

It is worth noting that the current legislation does not provide for any types of punishments specifically provided for the improper performance of the functions of a house elder (other than re-election). However, depending on the act committed, he may be held liable for the following reasons:

1. Actions of a fraudulent nature (for example, carrying out illegal transactions with the common property of residents) - liability for such an act is provided in accordance with paragraph 1 of Article 159 of the Criminal Code of the Russian Federation (fine, compulsory work, etc.).
2. Misappropriation and embezzlement (for example, unauthorized disposal of funds from owners of apartment buildings) - in this case, one of the penalties provided for in paragraph 1 of Article 160 of the Criminal Code of the Russian Federation may be applied to the violator.
3. Causing property damage to apartment owners in collusion with the Criminal Code - such an act also provides for criminal liability (Clause 2 of Article 165 of the Criminal Code of the Russian Federation.
4. Other reasons.

To summarize, we note that the position of the house elder is similar to the position of the chairman of the council of the MKD (the law uses the latter option). He has certain rights and responsibilities that he must fulfill. At the same time, he can be paid remuneration either in cash or in kind, that is, by providing a discount on housing and communal services.

How to choose a house elder. House Elder Election

The Housing Code of the Russian Federation determines that the general meeting of owners of residential premises is the governing body of an apartment building. However, the same Housing Code in paragraph 3.1. The article says that the general meeting can elect a senior person in the house (seniors in the house) and the same meeting determines the conditions of his work.

To select a house elder, this issue must be raised at a general meeting of house owners. An extraordinary general meeting can be initiated by any of the owners of an apartment building, notifying all owners 10 days before the meeting, indicating the agenda of this meeting of housing owners, the time and place of the meeting.

to make a decision on choosing a house elder or a door elder. A quorum when choosing a senior person in the house can be achieved with two-thirds of the votes from all homeowners in an apartment building. The head of the house is elected by a majority vote from the existing quorum.

It is quite difficult to gather two thirds of the owners (namely, the owners (those whose apartments are privatized), and not the tenants under a social tenancy agreement) in a building with more than 50 apartments. Therefore, the initiators need to conduct an absentee vote to select a house elder .

Voting on the issue of choosing a house elder can be organized by drawing up ballots with the wording of the survey and answer options. Here is an example of such a newsletter:

ABSENTEE VOTING BALLOT

owner of premises
in apartment building No. _____ on the street.
______________________ Information about the owner

(representative of the owner)
:
Full name __________________________________passport: gray. _______ No. ____________ issued _____________________________________________, date of issue_____________

Information about the document of ownership:

Document confirming ownership of the premises:

_____________________________________________________________________________

(name of document; series, number, date of issue)

Information about the premises:

apartment No. ______, total area __________ m2.

Owner's share in residential premises: ____________.

Agenda

1. Choosing a house elder.
2. ***

Premises owner decisions

When voting, you must leave only one of the proposed options.

First question.

Choosing a house elder.

It is proposed to choose a senior person in the house

:

FULL NAME. ______________________________________________________________

for - , against - , abstained - .

Second question * * *

Once completed, the absentee ballot must be sent to:

____________________________________________________________

, until 17 00 hours.

Date of last adoption of the decision of the owner of the premises (end of voting) “____”____________ 2010

/________________/ _________________________________________

The voting results are documented in a protocol.
The decision of the owners of premises in an apartment building, made, including based on voting results, is binding on all owners of the apartment building. All circumstances of voting and decision-making at general meetings can be gleaned from the Housing Code in articles 44-48. It also describes the procedures for the owners of premises to appeal decisions of the general meeting, including on the issue of choosing a house manager .

Re-election of senior

Re-election to a leadership position is carried out if the current building manager does not fulfill his duties correctly, evades their implementation, or does not fulfill certain (within the law) wishes of the residents. Also, the society of owners can re-elect the chief if it believes that a more suitable candidate has appeared for the post.

Important! An example of a reason for re-electing a leader is that the house manager unlawfully used the money collected for major repairs.

The procedure for re-election is the same as the procedure for elections. The difference is that the issue of removing the current leader from his post must first be resolved. If residents decide that a person is truly unable to cope with his responsibilities and needs to be replaced, a standard election is held. The senior is given a payment in accordance with the date of dismissal, the keys, general packages of documents and other attributes of the building manager are taken from him.

Roles and responsibilities of a house elder

Before choosing a house manager , it is necessary to determine the conditions of his work, namely the functions that the house manager will perform and the remuneration that the house manager will receive as compensation for the overhead costs associated with his activities and payment the work itself and the time spent. about the salary of a house manager in the next section, but here we'll focus on functions.

The functions of the house manager must cover all explicit and implicit needs that arise when using common house facilities. Let's try to formulate the main responsibilities of the elder in the house .

1. Representation by house elders of the interests of the owners of the house in matters of the use of a residential apartment building and the surrounding area, namely the maintenance, operation, maintenance and ensuring order in the territory related to the apartment building. Representation of these interests in the management company, government authorities, contractors, internal affairs bodies and other organizations.

2. Organizing and holding general meetings on issues the decisions on which are not within the authority of the house elder. Preparation of ballots for absentee voting, their distribution among the owners of premises of an apartment building, collection and processing of ballots and making the appropriate decision in the form of a protocol. Members of the House Council or senior residents of the building may be involved in the work specified in clause 2.

3. The house manager participates in the development of an agreement with the management company, making changes according to the specifics of the apartment building.

4. The house manager participates in drawing up and approving estimates of necessary repairs in the house and in the local area and supervises the implementation of these works.

5. The house manager participates in commissions for the acceptance of all types of work on the maintenance, operation and repair of the house, including the acceptance of work to prepare the house for seasonal operation, improvement of the local area with the right to sign the work acceptance certificate.

6. The house manager, together with the management organization, approves the price list of additional services for residents of the house and the cost of component materials.

7. The house manager, together with a representative of the management organization, participates in taking readings from common house meters on a monthly basis and records them in the appropriate journal.

8. The house manager monitors the technical condition of the apartment building, promptly informs the management organization about the necessary repairs, agrees on the deadline for completion and demands their completion within the prescribed period.

9. The house manager annually creates a list of necessary work on the entrusted territory that will need to be carried out over the next year and submits it to the management company.

10. The house manager makes minor repairs in the common areas of the apartment building and the local area, purchases the necessary components and consumables.

11. The head of the house establishes interaction with internal affairs bodies in order to ensure public order.

12. The head of the house controls the amount of fees for housing and communal services and the reasonableness of their expenses.

13. The head of the house organizes “subbotniks” to improve and carry out necessary work in the local area.

14. The house manager explains to residents their rights and responsibilities for the maintenance and operation of residential and non-residential premises, common areas, and also provides the addresses of operating organizations where residents can contact in case of emergencies, emergencies and other situations.

15. The house manager keeps minutes of meetings and other documents related to the management of an apartment building and takes all measures to prevent their damage or loss. Upon resignation, the above documents are transferred to the newly appointed senior housekeeper.

16. The house manager keeps the keys to the locked common areas of the apartment building.

17. The head of the house is obliged to report to the residents for funds collected for general house needs at least once a year and at the request of any of the owners of the premises in an apartment building.

The functional responsibilities of the house elder may be specified in the Charter of the apartment building or in another document approved by the meeting of owners of premises in the apartment building.

Rights

But the most interesting thing is that the building manager must do all this without being endowed with virtually any additional rights compared to other residents.

Basically, rights are rooted in responsibilities. The “chiefs” have the right to demand something from the management organization. They have the right to control the activities of the housing office in the territory entrusted to them. They have the right to collect complaints from the population and send them to the management company, as well as initiate meetings of residents and even be elected members of the district house committee and district elders. The most unpleasant, but also the most useful right is to control the expenditure of funds collected by the management company for the renovation of premises.

The main question for passive residents is whether the person in charge of the building has the right to make any claims against them, threaten the local police officer and even evict them. The answer is simple: the building manager has the right to take public action against tenants and owners of residential premises and persons living with them who violate the rules for the use of residential premises. That is, the maximum that can threaten you is the loss of several nerve cells from the psychological war with the main person at the entrance, his calls to the local police officer, endless acts and other administrative and public mechanisms of influence on you. You will not face eviction under any circumstances. Therefore, you shouldn’t be subservient to the building manager, but it’s better to maintain relations with him or her at least at a satisfactory level, because the main ones at the entrance are mostly active citizens with a lot of free time, small problems from a quarrel with which you can’t get away with later.

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More details

How to organize payment for your elder's housework

So, the residents realized the need for a house manager , agreed to pay him, a volunteer was found for this post and he was approved, all that was left was to start working and get paid for it. However, getting money is not so easy, even if everyone is willing to pay it.

Of course, the person in charge of the house can go to all the apartments every month with an outstretched hand and ask to pay for his services, but most likely, after a couple of months, the person in charge of the house, who is tired of knocking on thresholds in an apartment building, will abdicate his authority by organizing an extraordinary meeting.

Today, the housemaster can receive remuneration for his work through the management company by including such an expense item in the general account and the management company’s obligation to enter into an agreement with the housekeeper. This is perhaps the only method available to a house with a small number of apartments. How to do it.

By decision of the meeting of owners of premises in an apartment building, oblige the management company to include the line “ Payment for the services of a house elder ” in the general list of housing and communal services, indicating the amount of accruals and the rules of accrual (per square meter, per resident, etc.), and also oblige the manager the company enter into an agreement with the house elder.

This is where the problems begin.

According to our legislation, namely the Labor Code of the Russian Federation, it is not possible to conclude an agreement for the provision of services by an individual (which is the senior person in the house) to a legal entity (which is the management company as the first recipient of funds) for a period of more than three months. Accordingly, an employment contract is required on the permanent place of work of the housekeeper in the management company with the calculation of his salary from the fund replenished under the line “Payment for the services of the housekeeper.”

Let us note that every citizen who performs any work for money is required to pay income tax on the entire amount received in the amount of 13%. Typically, this tax is paid for the employee by his employer, withholding the required amount from his salary.

In addition, the employer is obliged to pay insurance premiums for its employee to the Compulsory Medical Insurance Fund and the Pension Fund of the Russian Federation in the amount of 26% of the accrued salary.

If the management company operates under the full taxation scheme, and most likely this is the case, it needs to pay VAT on the difference between income and expenses (subject to VAT). Because wages are expenses not subject to VAT, the entire amount falls into the difference with which the company pays 18% value added tax. Of course, we are not accountants, and one can argue with the wording of these thoughts, but, whatever one may say, the management company, as a rational agent, will certainly ask to cover this difference from the fund for paying for the services of a senior housekeeper.

In total, when hired (even conditionally) by a senior housekeeper in a management company, the senior housekeeper will receive about half of all fees for these services. Let us explain: all (!!! which is practically unattainable!!!) residents of a 100-apartment building chipped in 50 rubles for the salary of the house manager. In total, 5,000 rubles were accumulated in the account. These 5,000 rubles should include taxes on the payroll (payroll fund), personal income tax, VAT compensation, and the “net” of the house elder. Plus, you need to understand that the collection of funds by management companies is organized through commercial payment acceptance points, which take their percentage. Plus, the management company is unlikely to be happy to settle settlements with the elder at its own expense and will require a small percentage of this amount to compensate for these expenses.

In total, having dropped only 5,000 rubles, the person in charge of the house will receive the maximum 2,500 rubles.

We invite you to discuss these findings in the comments to this article.

The second option (not suitable for everyone) is to register the person in charge of the house as an individual entrepreneur, and on behalf of the entrepreneur, enter into an agreement with the management company. The costs in this case are as follows (if the entrepreneur uses a simplified taxation scheme): Transit of the collector - 1%, transit through the management account - 1%, tax on income received - 6%, cash withdrawal 1-2% depending on the bank, servicing the account in bank - from 300 rubles per month, entrepreneur taxes - about 1300 rubles per month.

This option is cheaper, especially if the senior person in the house is already registered as an individual entrepreneur, and he already provides some services and pays his own taxes. Then the losses from the general fund under the item “elder's housework services” will not exceed 10%. Those. having ultimately chipped in 5,000 rubles, the person in charge of the house will receive 4,500 rubles in cash, which is clearly better than employment in a management company.

So, we have found out that the principle of calculating payment for the services of a house elder should be considered first and the collected funds should be calculated based on the total amount that the house elder will receive.

The following topics are being prepared to be added to this article: Additional responsibilities of the housemaster, Agreement of the housemaster with the management company, How to oblige the management company to enter into an agreement with the housemaster.

Payment of wages

This is not regulated by law. The person in charge of the house receives a salary or compensation for utility bills . Sometimes socially active persons take on the described activity on a voluntary basis. The management company can enroll such an employee on its staff and determine the method of remuneration. To do this, at a meeting of citizens, a petition is signed to the Criminal Code to introduce this position into the state and determine the amount of earnings.

Who appoints and pays salaries?

The method of remuneration and its frequency is established at the general meeting. There are two options: either residents collect funds on their own or benefits are provided in the form of reduced utility bills.

What benefits are provided?

Local authorities provide privileges for the head of the house. For example, according to Moscow Government Decree No. 328 dated April 13, 1999, the building manager has a 100% exemption from fees:

• for the work of the concierge;
• for using the intercom;
• for waste disposal.

The list of benefits is not established by law. But at the initiative of residents, they can be introduced on an individual basis.

Discounts on solid waste removal, intercom, concierge services, rent

The issue of material benefits for the chairman of the house is probably one of the most pressing, and it is also not regulated at the legislative level. It is obvious that there is no one to pay such a person’s wages: the management organization does not have the right to hire such a person as a salary, and collecting fees from residents is not entirely legal, since personal income tax must be withheld from any income and contributions must be paid.

In this regard, the only real opportunity remains to reward the head of the house financially for his work - to free him from contributions to the general expenses of the house, which are borne by the tenant themselves.
These costs may include fees for waste removal, installation and maintenance of an intercom, and concierge services. If a senior lives in social (municipal) housing, and a corresponding act has been adopted at the municipal level, he may be exempt from paying rent. [Total votes: 0 Average: 0/5]

Documents confirming the authority of the building manager

The general meeting is authorized to adopt a number of documents that will regulate the life of the house, these are:

• the charter of the house, which stipulates in detail the procedure for holding general meetings, their order, the rights and responsibilities of the house manager, the procedure and grounds for paying remuneration for his work;
• regulations on residential buildings, which reflect similar issues.

If there is a small number of apartments in an apartment building, all issues are approved at a general meeting. A separate issue is the decision on the payment of remuneration to the manager.

Please note! Housing legislation provides several options for this:

• the salary of the building manager is taken into account in the rent paid by the management company. She, in turn, officially recruits the house manager and pays a salary, the amount of which is established by the general meeting;
• Apartment owners independently collect money for the manager’s salary.

Minutes of the general meeting of residents of an apartment building.

Read how to change the management company here.

How to get legal advice on housing and communal services issues for free, read the link:

Preparing to participate in a yard improvement project

• The main role in the next stage of preparation is played by the house council and the chairman. As a rule, the yard is common to several houses, so representatives from neighboring houses can be involved in organizing the project.
• When drawing up a plan for improvement, it is necessary to collect two-thirds of the votes of the residents of each house in support of the project.
• Before holding a general meeting of residents, the building council prepares a number of documents - a voting protocol, an improvement plan and an application for participation in the program.

Meeting stages:

1. In-person meeting
   and review of the project with residents of houses participating in the program. At the first stage of the council, apartment owners discuss the project scheme, make adjustments and vote. The voting results are entered into the act.
2. Door-to-door voting
   . Residents who did not attend the in-person meeting participate in door-to-door voting.
3. Filling out an application for participation in the project.
   Upon completion of the preparatory stages of the project, responsible persons submit an application for participation in the program. The application must be accompanied by a copy of the act of the general meeting, ballots for apartment elections and a yard improvement plan.

A public commission formed by the city administration reviews applications and makes decisions. If the application is approved, it will be included in the list of houses subject to improvement, which is published on the administration website.