This is when everything is perfect, you don’t pay attention to the fact that your building has the cleanest entrances and elevators. When the situation is completely opposite and it is difficult to remember, when your house was in good condition – the owners begin to become interested in what the money that they deduct monthly for utilities is actually spent on, and most importantly, who is responsible for its distribution.
In our country today, a popular form of home maintenance is a homeowners’ association.
This structure is headed by the chairman, and it is he who is the main person who decides what funds to spend and, most importantly, on what.
It may or may not be effective.
But as has become the norm in Russia today, there are very few effective heads of organizations, although in recent years the situation has improved.
If the owners are not satisfied with the way their home is managed, and they also do not see exactly how the manager works, then it is clear that they should not tolerate such behavior .
The law allows for a change of chairman, but this is not so difficult to implement.
Are you interested in this information? Then we will tell you in more detail about all the nuances.
Re-election of the chairman of the HOA protocol: sample.
Sample order for the new chairman of the board to take office.
Form p 14001 for registration with the tax office when changing the chairman of the HOA.
On the possibility of re-election
Can the board be re-elected? So, let's get acquainted with the homeowners' association format. Already from the name it becomes obvious that a homeowners’ association is an organization formed by the owners of premises in an apartment building.
should be primarily in improving the territory and the building. But it is not always the case.
The partnership is a non-profit organization, although it is directly related to the residents’ funds and their turnover, because only funds donated by the owners for utilities are used to carry out any work.
The partnership is obliged to carry out activities for the maintenance and management of the territory and common property.
There are three so-called authorities in the partnership. The first of these is the board of the partnership. It consists of active residents of the house who make decisions regarding home improvement.
The second body is the meeting of homeowners, which is responsible for holding meetings and making decisions at it.
The third body is the manager who directly has access to funds, manages them, signs payment documents and makes final decisions on the improvement of a particular action.
The chairman bears a number of important functions, but does not always consider the position to carry them out.
In practice, there are many cases where chairmen stupidly stole money from payers for years, repairs were not carried out, and residents could not remove the head from office because they simply did not know how.
In fact, a leader can be re-elected, that is, removed from office in exchange for another person. The legislator allows such an action and regulates its implementation.
Find out how to check the HOA for theft in our article.
Algorithm of actions
To fire the management of an HOA, you need to follow a clear algorithm of actions:
- record violations;
- identify who could replace the chairman;
- carry out preparation and explanatory work - that is, inform apartment owners what violations have been committed by the current management, campaign for a new one;
- set a date for the general meeting and notify the HOA members about it - this must be done at least ten days before the date;
- convene it;
- obtain the consent of the residents and decide on the resignation of the current chairman;
- elect a new one.
By following these steps, it will be easier to achieve the re-election of an undesirable chairman than if you take actions in this direction haphazardly. It is best if the majority of apartment owners in an apartment building not only agree that it needs to be changed, but also actively support this decision, but such situations do not happen very often; usually citizens are inert and do not want to do anything, even when the abuses are obvious.
Recording violations
Everything must be done quickly and competently. It’s worth starting by identifying the violations committed by the chairman. This is an important stage, because without evidence it will not be easy to remove the old leader and remove him from office early. Therefore, violations in the work of the chairman should be recorded in order to have documentary evidence that will greatly help in campaign work with members of the HOA.
Moreover, if the meeting ultimately fails, these confirmations will be needed to remove the chairman in another way. In a word, the work of collecting them will certainly not be in vain.
To identify violations, the following procedures are carried out:
- A survey of residents on how satisfied they are with the chairman’s work and what complaints they have.
- Inspecting the condition of the apartment building, recording all problems in photos and videos - for example, non-working elevators, dirty entrances, unkempt local areas, garbage not removed on time, the presence of parasites or mold in the house, and the like.
- Studying documents about all expenses of the HOA - the accountant and the chairman himself have no right to interfere with the members of the partnership if they wanted to study these documents, as stipulated in the Housing Code.
Convening a general meeting
Once the initiative group has an evidence base and its members have all the necessary evidence of violations, it is necessary to develop a clear plan - who should replace the current chairman (usually one of the group members becomes a candidate), and what program he will implement. After this, a campaign is carried out among the residents of the house.
And only then, when all citizens living in the apartment building understand the situation, a general meeting is appointed. And procedural issues are important here: meetings are divided into in-person and absentee. The decision is equally permissible to make both on the first and on the second.
In-person meetings involve the gathering of everyone who has the right to vote on house management issues to discuss the issues on the agenda and then vote.
With absentee voting, no collection is required in one place; instead, voting forms are distributed door-to-door, which is why it is usually easier to conduct, especially if the house is large.
If the meeting will be held in person, then each owner of an apartment in the building should be notified. It must indicate the name of the initiator of the meeting, the place and time of its holding, and the agenda. During the meeting itself, the initiator will have to strictly adhere to the specified agenda.
Any owner of an apartment in an apartment building managed by a HOA has the right to initiate a meeting of residents.
In addition, a meeting on the issue of electing a new chairman can also be called by the housing inspectorate based on the results of an audit of the activities of the current one, the tax inspectorate or other regulatory authorities - depending on the nature of the violations committed by the chairman.
Decision-making
When the meeting is convened, the issue of re-election of the chairman of the HOA is put on the agenda, after which citizens must be introduced to the candidates, a discussion of the candidates is held, and then a vote. It can be open or secret, and ballots are used and a protocol is kept in which everything is reflected. If the meeting is absentee, then the process is much simpler, and you only need to re-elect a candidate, vote for the desired person by filling out the ballot.
Decisions can only be made by a meeting in which half or more of the owners participate (quorum), and in order for a decision to replace the chairman to be made, another candidate must receive a majority of votes (the calculation is made from the number of owners present).
Therefore, an initiative group that wants to change the chairman needs to carry out informational and propaganda work - otherwise citizens may simply ignore the meeting, or even not want to fill out and return the form for voting in absentia - and if less than 50% vote, then all the work will go to waste, since the meeting will simply be declared invalid.
The board of the HOA can also interfere - sometimes it comes not only to refusal to provide premises, but even to direct deception of residents regarding the time of the meeting in order to disrupt the quorum gathering. In such situations, the only option is to go to court.
Grounds and reasons
How to re-elect and what should be the grounds? There are many reasons for a leader to be re-elected. All of them often happen in practice and require more detailed consideration.
So, let's familiarize you with a number of popular reasons and perhaps among them you will find one that applies specifically to your situation:
- The first reason is mistrust . Distrust can manifest itself in the fact that you cannot understand where money from the budget is spent, you do not trust that it is spent for its intended purpose, moreover, you have indirect evidence of this.
- The second reason, which smoothly follows from the first, is inefficiency . That is, the work of this official is not satisfactory and leaves more questions than answers.
- The third reason is a violation of the charter . Not all residents are familiar with the regulations, but they are still able to spot gross violations. If such a violation occurs, the manager may be re-elected.
- The meeting of owners is the highest authority in the partnership and all final decisions are made by it. If the chairman did not listen to the meeting , moreover, disobeyed it in some way, then it makes sense to say that the leader should be replaced.
You can download a sample employment contract with the chairman of the HOA, as well as a job description on our website.
Bringing to financial liability
The former chairman of the HOA may be held liable for the damage caused. According to the legislation of the Russian Federation, he can be fined in an amount that does not exceed his average monthly earnings. However, evidence of harm must be provided.
Sometimes there are situations in which the former manager bears financial responsibility for the damage caused and pays it in full. This can happen in the following situations:
- If the harm was caused during the performance of their duties.
- When identifying a shortage of material assets that were recorded in an official document.
- When the damage was caused intentionally. However, this fact needs to be proven, which is not such a simple matter.
- In case of harm caused by alcohol, drugs or other intoxication.
- When damage is caused as a result of an administrative violation.
- When harm was caused while not performing one's duties.
- If the damage was caused as a result of criminal acts.
Legislative regulations
Re-elections would not have been possible if it had not been appropriately regulated in legislation.
Thus, it has been established that a change of head can occur by decision of a majority vote of the meeting of homeowners of an apartment building.
This is provided for in Article 141 of the Housing Code. This means that such an action is feasible.
Also, do not forget about such a local normative act as the charter. It is he who regulates exactly how and for what offenses a manager can lose his place in the partnership .
Therefore, before you officially remove yourself from your position, be sure to familiarize yourself with the law.
What is the procedure for changing the chairman of an HOA and how can the head delegate authority?
A chairman who has been working for several years, without holding a reporting meeting, without transferring a single archival or current document, without drawing up an act of transfer of property (instruments, equipment), without presenting reporting documents (current contracts, financial statements) to the audit commission, without preparing a successor, without organizing a report from the operating organization, he is going to leave, simply writing a statement citing poor health (perhaps this is true) with the silent indifference of the dysfunctional board. Please suggest the procedure for our possible actions (audit, appeal to the Housing Inspectorate, etc.), and also inform us whether changes have been made to the Civil Code, establishing liability, including for the inaction of members of the board and the chairman.
Answered by Natalya Ribos, lawyer in the field of housing and communal services: According to Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. In addition, in cases where an employee’s application for dismissal on his own initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases - this can also include dismissal for health reasons, as in your case ), the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. The employer in this case is a legal entity - the HOA. The woman (former chairman of the board of the partnership) submitted a letter of resignation to the legal entity; this right belongs to the employee and cannot be excluded. This is her prerogative. After the expiration of the specified period, the employment contract with this woman is considered terminated, and the employment relationship is considered terminated. No one has the right to keep a person without firing him. Preparing a “successor,” as you put it in the question, is not the task of the chairman of the board, and accordingly, she cannot be forced to do so. An HOA is a form of association of partnership members for joint management of an apartment building. And the choice of the board and chairman of the board is the responsibility of the HOA members (and not the previous chairman).
The general procedure for formalizing the termination of an employment contract is established by Art. 84.1 of the Labor Code of the Russian Federation: Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code , and upon dismissal of a woman whose employment contract was extended until the end of her pregnancy in accordance with part two of Article 261 of this Code.
In case of failure to fulfill duties
How to remove from office if the head of the HOA does not fulfill his duties?
He can be replaced, in most cases, if he does not fulfill his duties, but regularly receives his reward.
As a rule, this is the main reason why residents want to say goodbye to a given person at the post.
How to remove the head of an HOA? What is the procedure?
Step-by-step instruction
How to change the chairman of the HOA?
To begin with, someone introduces an initiative for a change. This can be either one owner or their initiative group, as well as the board .
Next, it is necessary to convene a meeting to present information that may influence the choice of residents and that is true.
Next, the owners vote. If the absolute majority is in favor of leaving, then his change is documented, but if less than half of the people inhabiting the house are in favor of removing the chairman from his position, then the leader remains in his position.
Registration with the tax service
The partnership is a taxpayer represented by its chairman, therefore the tax authority must be informed about the changes that have occurred in order for it to be correctly recorded in the Unified State Register of Legal Entities. To do this, an application for a change of manager is drawn up in form P14001, and a copy of the protocol is attached. The entire package of documents is submitted to the tax authority.
The documents must be completed correctly, otherwise the tax office may refuse to register the chairman of the HOA.
Features of filling out form 14001:
- The application consists of 51 pages, but you only need to fill out those pages that are being changed. Blank pages do not need to be returned;
- when changing the manager, sheets 001, K, R are filled out;
- The application is filled out manually using a pen with black ink in block letters.
There is an approved document that should be followed when submitting information to the tax service.
Read our other articles about HOA management members:
- Election of the chairman of the board and preparation of the necessary documents.
- How is the chairman of the board of a partnership paid?
- Who can become the chairman of the HOA?
- Structure and content of the agreement with the HOA manager.
- Employment contract with the chairman.
- Job descriptions of the manager and chairman of the HOA.
Documenting
Minutes are drawn up upon the meeting. The secretary of the meeting has the right to draw it up. The protocol is presented as a document in printed or handwritten form, which briefly sets out the grounds for terminating relations with the chairman, as well as the outcome of the vote.
All participants leave signatures in the protocol. The protocol has its own clear date of preparation and, within the framework of the homeowners’ association, has legal force , which means it cannot be ignored.
In addition, the protocol can be approved by a notary , thereby having even more pronounced legal force.
Who can initiate
The procedure for electing and replacing HOA management is enshrined in the Housing Code. The initiators of changing the chairman of the HOA can be the residents of the building. If the work of the partnership, and specifically its manager, dissatisfies the homeowners, they can organize a general meeting; they must first select a replacement for the displaced management. It is necessary to nominate a successor.
The chairman can also be dismissed by appealing to higher authorities. To do this, you need to make a complaint to the housing inspectorate with a detailed description of all the requirements.
One of the most radical and effective methods is to contact the Prosecutor's Office and the court. It is appropriate to draw up such an appeal if, due to the negligent actions of the chairman, the owners suffered significant material damage. For example, during a period of frost, pipes burst due to poor heating or the ceiling on the upper floors got wet due to unrepaired roofs.
Procedure for transferring cases
How to remove authority yourself? The manager gets acquainted with the protocol and the requirements to resign from his post. He signs the protocol, thereby certifying that he is familiar with it .
The powers of the chairman are considered withdrawn at the moment of familiarization with the minutes, and all other actions are considered illegal within the framework of the chairmanship.
He transfers to his predecessor all the documentation necessary to familiarize himself with the state of affairs, reports on the latest financial expenses and leaves his post.
Dismissal at your own request
Can the HOA board re-elect the head if he resigns of his own free will ?
If he resigns of his own free will, then, of course, he needs a replacement as a leader, so a candidate must be elected from the board for this post.
Read about the procedure for electing the chairman and members of the board of the partnership in our article.
Law Club Conference
It's in Moscow. There is an old small (100 apartments) housing cooperative building from the 60s, the charter of the same time, all shares have long been paid off. When the previous chairman ran away with the documents, my mother was elected.
All the docks were re-designed, it was possible to do major repairs free of charge, install plastic windows, replace elevators, etc. It works purely on enthusiasm for 9 thousand rubles.
There is no employment contract, the board is a purely formal one of three people - everything rests solely on the chairman. Lately, many people have gone completely crazy.
