Change of HOA chairman

Homeowners' associations monitor the condition of houses all year round, cleaning of local areas, lighting in the yard and entrance. This management does not always occur without conflict. Often, residents of houses are dissatisfied with the maintenance of the house, the quality of major repairs or its complete absence. In such situations, the question may arise, how to re-elect the chairman of the HOA?

Under what circumstances is the chairman of the HOA re-elected?

The term HOA refers to a partnership of homeowners. It is created to resolve current issues that may be related to the maintenance of a residential building. The objectives of the partnership are, first of all, to protect the interests of residents and create comfortable living.

The board of the HOA is entrusted to the chairman. There are often cases when management abuses their official position. Ultimately, this affects the condition of the house. In this regard, the question may arise about how the chairman of the HOA can be re-elected, can the owner remove him himself and how can the current management be removed?

The chairman of the partnership is selected based on a vote of the HOA members, the results of which are reflected in the minutes. Leadership elections are scheduled for a specific period. But if he fails to cope with his duties, there is an opportunity to remove him earlier than the prescribed period. There are several options for changing the administration of the HOA, even going to court.

Any commission will immediately be able to see the result of the HOA’s work. If the garbage is not removed from the yard or the roof is leaking, and no one cleans the entrances, but the residents of the house regularly pay for housing and communal services, it means that most of this money ends up with the chairman.

Prerequisites for changing the chairman

It happens that the owners of premises in apartment buildings do not see the results of the chairman’s work. The entrances are not repaired or cleaned. There are no light bulbs on the staircase landings. Reports on the expenditure of funds are not provided. Residents write to the chairman with a request to put the apartment building in order, but they do not see the results of the work. They accumulate reasons for dissatisfaction with the chairman if he:

systematically evades his duties;
ignores residents' requests;
spends funds for other purposes;
convicted of extortion;
violates labor, criminal, civil or tax laws;
appropriates public property;
takes bribes or commits financial fraud;
does not submit copies of documents to the State Housing Property Office;
does not control the content of OP in the ICD.

Any of these reasons may serve as a prerequisite for the re-election of the chairman of the homeowners' association.

Who manages the HOA while the chairman is on vacation

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.

The procedure for re-electing the chairman of the HOA: detailed instructions

Contacting regulatory organizations must follow a certain sequence. The procedure for removing the head of a partnership is prescribed in the organization’s Charter.

An early change of chairman can be planned if:

He can't do the job.
Does not respond to requests from residents, does not respond to their demands.
In his work he violates the law.
Uses his official position to achieve his personal goals.
When there is mistrust on the part of residents.

When changing the chairman of the HOA, the procedure must comply with the norms of the Housing Code of the Russian Federation. In order to quickly and competently remove the head of the partnership ahead of schedule, the initiator needs to carry out clarification work among the residents, explain the situation that new management will be elected, and notify about the upcoming meeting. Often at this stage negotiations turn out to be ineffective due to the poor initiative of the population. A change of chairman may occur based on a majority vote.

Important! Residents must be notified of the scheduled meeting no later than 10 days before the date of the meeting. Therefore, this is considered the fastest way to fire the management of the HOA.

The notification must be drawn up in writing, and the sheet is given to each owner personally. In this case, the tenant must sign a receipt confirming receipt of the notice.

Re-election will be considered legal only if at least half of the residents of the apartment building attend the meeting.

The procedure for re-electing the chairman of the HOA

The standard procedure for re-election of the chairman of the HOA includes the following algorithm of actions:

One of the members of a public organization makes a proposal in order to re-elect the chairman of the HOA.
It is advisable to make a proposal in writing, so that you have something to rely on later during the proceedings and drawing up the protocol.
A meeting is convened, at which, first of all, arguments in favor of the necessary re-election of the official (manager) are heard.
If the chairman or his representative has counter-arguments, he must present them.
The information that is heard and considered at this meeting influences the course of further events, or more precisely, the choice of the sitting members of the Partnership.
All owners vote except the chairman.
As soon as it turns out that the majority voted for the leader’s resignation, an appropriate decision is immediately made.
The decision is documented by drawing up a special protocol.
After this, the chairman is allowed to familiarize himself with the minutes and sign it if he is ready to agree to the demands of the meeting.
Draws up an order for the appointment of a new elected chairman.
All powers from the manager are removed from the very moment he signs the protocol.
The former chairman is obliged to transfer all his affairs to the new official in the leadership position. This includes documentation, instructions, keys, financial reports for the last month, etc.
After this, a special form (No. р14001) must be filled out at the tax office, which informs about personnel changes in the public organization of the HOA. The form is submitted along with a copy of the protocol attached to it.
An application is submitted to the Unified State Register of Legal Entities on a special form in order to make appropriate changes to the unified database system for legal entities regarding the re-elected chairman of the HOA.

Note!
Not only one member of the meeting, but also several people, the initiative group and the board itself, who are higher in rank than the chairman of the HOA, can take the initiative to re-elect the manager of the Partnership. In the event of a reverse voting result, when a smaller number of votes were found for the re-election of the leader, he remains in place, receives a reprimand for identified violations, recommendations for improving his work, and continues to function.

After signing the protocol on his own removal from office, the former chairman no longer has the right to carry out the activities of the chairman of the Partnership. Therefore, any of his actions related to the powers of this position will be perceived as illegal.

Note! When a tax form is submitted notifying the inspectorate of the re-election of the chairman of the HOA, changes to the Unified State Register of Legal Entities database may be refused.

First of all, the tax authorities themselves may refuse to accept the form if the former chairman has any debts listed in the financial statements or payment of taxes on the HOA, not all documents were provided, or errors were found in the minutes of the meeting or the form or application. To correct the situation, it is necessary to resolve all the shortcomings as soon as possible.

You can see a sample HOA agreement with the management company in the article: HOA agreement. Find out who decides on increasing the salary of the HOA chairman in this article.

How to draw up a protocol and its sample

A protocol must be drawn up regarding the meeting. It is filled out by the chairman of the meeting. This can be a document in either written or printed form. There is no sample for filling it out, but there are certain instructions according to which a competent document can be drawn up. Its content describes the essence of the meeting, the main issues that were considered by the apartment owners, and the results of the meeting. If a vote was taken, the result is recorded. All participants must provide their signatures. Such a document has legal force and cannot but be accepted for consideration and satisfaction.

Representatives of the housing inspection can dismiss the chairman. If it is planned to remove the head of the HOA on the basis of an inspection organized by the controlling organization, a complaint must first be filed by the residents of the house. Based on the received request, an inspection is carried out by an inspector, the condition of the house is assessed and a decision is made.

Procedure for transferring cases

After a new leader is selected, he must register the voting results with the Federal Tax Service. To do this, the new chairman must provide the following documents:

original and photocopy of passport;
protocol recording the election results;
The charter in accordance with which the partnership operates;
receipt for payment of state duty in the amount of 800 rubles.

When submitting documents, the chairman must write a statement using a special form. The period for reviewing documents should be no more than 1 week. After the change of chairman is registered with the tax service, all accounting will have to be transferred to him. After this, the old manager leaves his workplace.

What happens if violations are proven

Once the owners prove the chairman’s misconduct, the first thing they will do is invite him to leave his post voluntarily. If agreement cannot be reached, the owners of the premises will have two ways to re-elect the chairman:

Go to court. This requires evidence. For example, the results of an audit.
Re-elect the chairman at a meeting of HOA members or a meeting of board members. The selection of the chairman is carried out in accordance with Art. 135 Housing Code of the Russian Federation. Candidates are selected in advance and residents are introduced to them. Any member of the HOA can initiate such a meeting. After the meeting, the initiator draws up a protocol in which we recommend recording the violations committed by the chairman and the reason for his re-election.

Dismissal at your own request

Before the deadline, the chairman of the HOA can leave his place and, on his own initiative, resign of his own free will. This may happen for the following reasons:

reaching retirement age, retirement;
leaving for another job;
health condition that does not allow you to perform your professional duties;
moving to another region.

If the chairman wants to change his place of work, leave his post, or resign of his own free will, he must gather the residents and notify them of his decision. Elections for a new chairman must be held. Next, the old manager notifies the tax service of his departure and transfers powers in accordance with the minutes of the meeting of owners. After all matters have been transferred, the chairman can leave.

If he was unable to gather a sufficient number of residents and the number of votes was less than half, he has the right to submit an application to the tax authority, indicate a temporary holder, and issue an appropriate order. Registration of changes in data about a legal entity is carried out by the tax authority.