Leader electability
The chairman is an elected position. He is elected and appointed by the house board members at their meeting. Being appointed to this position, a person receives a number of powers in accordance with the charter of this housing cooperative.
The main provisions for this position are indicated in Article 119 of the RF Housing Code:
- The chairman is elected for a term specified in the charter. Consequently, there is no clear deadline - in each housing cooperative it can differ significantly.
- The chairman is responsible for ensuring that the decisions of the cooperative are implemented in a timely and efficient manner.
- He has the right to carry out activities on behalf of the entire cooperative without a prior power of attorney. The range of powers includes, among other things, making transactions and representing the entire housing cooperative in court.
Important! The Chairman must carry out his activities in good faith. This is indicated in the Housing Code of the Russian Federation, therefore it is not just a moral point, but a clear obligation.
Rights and obligations
The person selected for this position receives a whole range of rights, and with them responsibilities. Their list in different housing cooperatives may differ slightly, since the final list is approved by the charter of the housing cooperative. The charter is adopted at the meeting, and therefore any cooperative can indicate some special points. But in general, the job description is approximately the same for all housing cooperative chairmen.
Rights:
- control how residents of the building use the premises, detect violations of the laws of the Russian Federation and eliminate these violations;
- enter premises owned by someone else with the consent of the owner (this may be required if an emergency occurs);
- select personnel, propose their candidates at meetings of the board of housing cooperatives;
- carry out personnel management;
- give members of the cooperative certain powers and demand that these powers be fulfilled in good faith;
- have a casting vote if the voting results in complete equality;
- resign from your position early;
- spend money from the general budget of the housing cooperative on small expenses without prior agreement with the members of the cooperative;
- personally represent the interests of housing cooperatives in various instances, including the court and local authorities;
- file claims against tenants who violate the laws of the Russian Federation;
- draw up documents for residents of the house according to established forms.
Responsibilities:
- know the legislative acts of the Russian Federation, to one degree or another related to the scope of his activities (for example, no one requires him to know the traffic rules, but he is obliged to know the Housing Code);
- act in good faith and within the framework of the legislation of the Russian Federation at work;
- resolve issues regarding repairs and provision of various services to residents of the house;
- control the level of quality of services provided and repairs carried out;
- in a situation where poor quality repairs or services are provided, initiate a recalculation of all payments made for residents;
- monitor the performance of buildings and equipment related to housing cooperatives;
- store the title papers of the residents if they have provided them for storage;
- issue papers at the request of residents, if these papers are within the range of his powers;
- maintain reports and documentation, and if it is maintained by other persons (for example, an accountant) - control the entire process;
- carry out any banking operations for the purposes of the cooperative;
- check the quality of settlements between residents of the house and organizations providing services;
- prohibit illegal redevelopment of the house;
- periodically monitor the condition of buildings and equipment, the level of improvement of the territory;
- accept any wishes of homeowners regarding the maintenance of the territory, and if the wishes are reasonable and appropriate, take them into account;
- take legal measures caused by the need to resolve issues and problems related to the improvement and maintenance of the territory;
- receive complaints regarding the improvement and management of the house, keep records of them;
- control the fact and quality of repairs;
- draw up a work plan quarterly and report to the housing cooperative board meeting;
- Always attend such meetings and, if necessary, arrange for the board to meet with residents.
also has several prohibitions . Thus, he cannot arbitrarily enter an apartment without obtaining prior consent. He is also prohibited from arbitrarily dismissing staff, violating the interests of residents and housing cooperatives, and disposing of the budget without observing budgets.
No smoking!!!
1. Know the legislative acts of the Russian Federation, the constituent entities of the Russian Federation, the Charter of the housing cooperative, these instructions, contracts for maintenance and provision of utilities and other services, as well as other documents related to the activities of the housing cooperative.
2. Organize the activities of the board in accordance with current legislation, the requirements of the Charter of the housing cooperative and the decisions of the general meeting and the board.
3. Perform functions of organizing maintenance and repair of the building, as well as providing utilities and other services to residents.
4. Monitor the provision of utilities and other services of established quality to residents of the house.
5. Provide residents of the house with the recalculation of payments in the prescribed manner in the event of the provision of low-quality utility services or their absence.
6. Encourage service organizations to carry out repair, maintenance and sanitary maintenance of the building, its engineering equipment (devices) and the surrounding area in accordance with the terms of the contracts concluded with them.
7. Take measures to ensure uninterrupted operation of sanitary and engineering equipment, premises, and buildings.
8. Ensure the storage of orders, as well as copies of title documents confirming the ownership rights of residents to residential and non-residential premises.
9. Ensure accounting and storage of business contracts, agreements on the transfer of management rights, joint ownership of the building and shared participation in the costs of its maintenance, repair and management.
10. Issue, within the limits of their powers, payment documents for the services provided, certificates, extracts, acts, copies of personal accounts and other documents to residents of the house.
11. Represent the interests of housing cooperatives in government and other institutions related to the management and operation of the house.
12. Maintain appropriate technical documentation for the house, control the preparation of accounting, statistical and other reporting, and conduct banking transactions.
13. Monitor and manage the activities of the accounting department.
14.Check the correctness of settlements with residents of the house for payment of housing, utilities and other services, as well as their fulfillment of payment obligations.
15.Take timely measures in connection with unauthorized re-equipment and redevelopment by residents of the house of common areas, residential and non-residential premises.
16.Carry out periodic monitoring of the condition of structures, engineering equipment and external improvements of buildings:
16.1.personally supervise the cleaning of households and common areas on a monthly basis; 16.2. monthly, together with the manager or member of the board, check the condition of the roofs of buildings, technical floors and drainage systems; 16.3. monthly, together with the manager or member of the board, check the condition of engineering equipment on technical floors and basements. The chairman of the board is obliged to report all detected malfunctions to service organizations and demand their elimination.
17.Make and summarize proposals for the maintenance and preservation of buildings.
18. Receive residents of the building, as well as record and register complaints and applications received from them on issues of building management, paperwork, registration and correctness of payment calculations, consider them and make decisions.
19. Monitor the current or major repairs of the building and, if necessary, involve specialists from third-party organizations.
20. Organize the purchase of materials and equipment necessary for routine repairs and maintenance of buildings.
21. Monitor the maintenance of the accounting journal and the movement of material assets belonging to the partnership.
22. Organize staff training.
23. Supervise the work of the manager and assist him in cases stipulated by safety regulations when performing complex work.
24. Prepare acts for write-off of material assets and submit them for approval to the board.
25.Participate in the work of inventory commissions.
26.Draw up a quarterly work plan and report on its implementation to the board at the end of the quarter.
27. Issue to residents of the house, on the basis of a decision of the interdepartmental commission of the city (district), permits:
27.1. for redevelopment and refurbishment of residential and non-residential premises; 27.2. for the re-equipment of utility networks; 27.3. for the installation, connection and use of electrical household appliances and machines with a power exceeding the technological capabilities of the in-house electrical network, additional sections of heating devices, control and shut-off valves; 27.4. for connection and use of household appliances and equipment, including individual water purification devices that do not have technical passports.
28. Issue permits to residents of the house, agreed upon with the service organization, to drain water from heating systems and appliances, as well as to suspend the supply of utilities.
29. By decision of the general meeting and the board, use non-residential premises in the interests of housing cooperatives, without infringing on the rights of residents.
30.At the request of residents, present documents regulating the activities of housing cooperatives.
31. Conduct a board meeting.
32. Be present at the Board on reception days and organize the reception of members of the housing cooperative by members of the Board.
33. Require apartment residents to promptly contact the manager or service organizations if they discover faults inside the apartment equipment (fistulas, rust, etc.) and load-bearing walls (chips, cracks, etc.).
Salary of the head of the board of a housing cooperative
The salary of the chairman of the housing cooperative does not have a clear amount. It depends on a number of factors and is appointed at a board meeting. The main factors influencing a manager's earnings are:
- the number of apartments under his jurisdiction and competence;
- minimum wage in the Russian Federation;
- presence or absence of an employment contract;
- the opinion of the owners of apartments in the building;
- number of responsibilities and powers.
As a rule, a manager's salary increases due to the number of his duties . The more of them in the charter, the more significant the amount. Residents' opinions also play a vital role. If they believe that the house needs a smart and efficient manager, they will vote for high pay. If they are skeptical about the position, then the chairman should count on a salary close to the minimum.
Differences in different regions of the Russian Federation
In Moscow and St. Petersburg, the salary of a housing cooperative manager is usually higher than in other Russian cities. In Moscow and St. Petersburg, a manager receives from 15 to 30 thousand rubles, while in other regions - from 10 to 20 thousand. But these are just averages. Ultimately, everything depends on the meeting of the board of housing cooperatives and the opinions of the residents of the building.
Even in a small town, the chairman can receive about 50 thousand rubles if he manages an elite house.
Reference! The position of the chairman is prescribed in the Housing Code of the Russian Federation, and therefore is official. This means that he cannot receive a salary less than the “minimum wage” established in a particular region of Russia.
Housing cooperative board
Advice from lawyers:
The question is whether the board of housing cooperatives has the right to collect cash for carrying out certain work in the cooperative,
3 answers
The board of housing cooperatives arbitrarily increased their salaries by an order of magnitude and several new positions were introduced (deputy chairman and deputy deputy)
3 answers
In our housing cooperative, by decision of the general meeting, for 10 years now different tariffs have been established for targeted contributions: for pensioners, members of the housing cooperative, and for those who rent out apartments (the tariff is 10 times higher).
3 answers
The chairman of the board of housing cooperatives has died, it is possible to temporarily elect the board temporarily
3 answers
The situation is as follows: there is a housing cooperative (housing cooperative), there is a rent debtor.
3 answers
Can an HOA place an advertisement with the following content: In connection with control
3 answers
The housing cooperative board sent a notice of the need to repay the debt on capital basis.
3 answers
For failure to comply with the requirements of the Russian Government Decree on the standard of information disclosure, a fine was imposed on the chairman of the board of housing cooperatives as an official.
3 answers
I have an apartment in a housing cooperative. Due to the fault of the housing cooperative, my apartment was flooded, I said that I would sue them, but they laugh at me and say that I am not the owner.
3 answers
How to correctly write a complaint statement about poor-quality repairs on the floor from the residents of the entrance to the chairman of the board of the housing cooperative,
3 answers
The chairman of the housing cooperative in a 9-story building decided to use the stroller room as the office of the housing cooperative’s board and therefore gave an announcement to remove all property (strollers, bicycles)
2 answers
The board of housing cooperatives re-elected (deprived of my rights) me as chairman at a board meeting without my participation, although there was no such item on the agenda.
2 answers
Question about a power of attorney for the meeting of owners of apartment buildings. The CHARTER of the house says “the powers of the representative are formalized by a power of attorney,
2 answers
Who determines the salary of the chairman of the housing cooperative? The old (previous) chairman of the housing cooperative received the minimum wage (11,300 rubles).
2 answers
Tell me, at what point does the elected chairman of the board of housing cooperatives acquire the rights and responsibilities of a sole executive body?
2 answers
It was not the owner of the apartment who joined the board of housing cooperatives. in MKD. He was elected chairman.
2 answers
Where can you file a complaint against the housing cooperative board? When holding an absentee meeting, a counting commission was not elected.
2 answers
The apartment is owned by my father, my mother died and was registered in the apartment.
2 answers
Is it possible to ignore the decisions of the board of housing cooperatives of an apartment building regarding the local area?
2 answers
The situation is this: the chairman of the board of housing cooperatives has been replaced, will the former chairman remain a member of the board?
2 answers
On November 1, in our house, the board of housing cooperatives decided to increase the payment for heating by 1000 rubles. In the city, payments did not increase. Has any Law been broken?
2 answers
Here is my question: is the term “overweight woman” offensive and disgraceful to the honor and dignity of the opponent.
2 answers
Please tell me, can a representative of the owner who is not yet 18 years old be a member of the board of housing cooperatives?
2 answers
There is no new candidate for the position of chairman. Members of the board of housing cooperatives do not elect anyone!
2 answers
Can the board of housing cooperatives force me to change my cast iron batteries to bimetallic ones and force me to change cast iron heated towel rails, against my wishes.
2 answers
GSK has been transferred to the status of a housing cooperative; now the garage is listed as a property premises
2 answers
The husband is the chairman of the board of housing cooperatives. The wife is the chairman of the audit commission of the housing cooperative, which checks the activities of the housing cooperative.
2 answers
I need to get a certificate from the housing cooperative about the paid share. The housing cooperative board demanded a request from the court.
2 answers
Possible problems
Next, we will look at 3 main problems that board members and residents sometimes face after choosing the chairman of the housing cooperative. These problems do not occur very often, but if they occur, an immediate solution is required. After all, if the chairman somehow violates the law, then something needs to be done about it.
Doesn't provide documents
Most often, this problem occurs if residents suspect that the chairman is not distributing money correctly. When they ask him to show estimates, receipts and other documents, he refuses. This problem should be solved in the following order :
- It is necessary to hold an extraordinary meeting of the housing cooperative. At this meeting it should be decided by a majority vote that an audit and expense report are required.
- This decision must be made in writing and submitted to the chairman himself, so that he can read it and sign it. If he refuses to sign, then the decision must be sent by mail.
- If the manager has not responded in any way to the previous steps, then at another meeting a decision must be made on an unscheduled tax audit.
- You should wait for the results of the tax audit. Based on its results, everything usually becomes clear, and if the chairman really violated something, a decision can be made to fire him.
Steals money from the general budget
The chairman of a housing cooperative who steals money from the budget is a criminal. Therefore, you need to complain about him to the body involved in catching criminals - the police. But you need to write a statement only if there is significant evidence of theft of money. The ideal evidence is an act drawn up by the tax office based on the results of the audit.
If contacting the police does not lead to anything, then you can appeal this fact in court. Typically, the court either obliges law enforcement officers to reopen the case, or itself initiates criminal proceedings.
Is not the owner of the premises
According to Article 111 of the Housing Code of the Russian Federation, the manager of a housing cooperative may not own any premises of the house entrusted to him. He only needs to be over 16 years old and a citizen of the Russian Federation. If the housing cooperative board elected a person to a position, it means they had reasons. Perhaps the person was hired from the management organization specifically for this position, and no one doubts his professionalism.
The chairman of the housing cooperative must necessarily join the cooperative that elects him. He must also be present at the meeting where he is elected. No other requirements are put forward. Ownership of the home does not play any role.
We talked about the features of membership in a housing construction cooperative in this article, and here you can familiarize yourself with the nuances of leaving a housing cooperative.
Chairman of housing and communal services
Advice from lawyers:
The question is this. Does the housing and communal services chairman have the right to install an additional light meter only for my apartment and without my knowledge?
2 answers
There was a large flea infestation in the basement of an apartment building. When contacting the housing and communal services chairman, the answer was that there was no money.
2 answers
The house is 44 years old, the sewer pipe is in disrepair, it is common property, the chairman of the housing and communal services says that the residents must replace it at their own expense.
2 answers
Is it legal for the chairman of the housing and communal services to prohibit the use of a storage room in the basement (we bought an apartment in 2014 and the former owner indicated to us that this was his storage room.
2 answers
I have this situation, the chairman of the housing and communal services does not issue me a certificate of residence
2 answers
Neighbors upstairs throw garbage directly from the balcony under my windows. The chairman of the housing and communal services does not want to take action. What to do in this case?
2 answers
Our house exploded due to the fault of workers installing suspended ceilings in September
2 answers
My father is 86 years old and we live in Vladikavkaz. The chairman of the housing and communal services department demands that we pay for major repairs. Is this legal?
1 answer
There was a conflict with the chairman of the housing and communal services. I called the lumberjacks and they started cutting down the tree near my entrance.
1 answer
A debt in the housing and communal services amounted to 21 thousand rubles. The chairman of housing and communal services refuses
1 answer
I bought a room - the seller showed me a certificate stating that his utility debt was 6283.36, and immediately showed me the paid receipts and checks (I have them).
1 answer
We live above a wheelchair where a toilet for mechanics has been built illegally. At night the smell of feces...
1 answer
Apartment building, 8 entrances, 3 emergency exits. The chairman of the housing and communal services wants to use it for his office. Are his actions legal?
1 answer
Who can ensure order in the entrance if one of the residents uses the staircases as a personal storage room,
1 answer
The house is 44 years old, the sewer pipe is in disrepair, it is common property, the chairman of the housing and communal services says that the residents must replace it at their own expense.
1 answer
The house is 44 years old, the sewer pipe is in disrepair, it is common property, the chairman of the housing and communal services says that the residents must replace it at their own expense.
1 answer
I am the chairman of the housing and communal services, I have one house with 140 apartments. For every worker I hire, I pay more than 40% tax. I am not a commercial organization. Is this right or wrong?
1 answer
Describe your situation in general terms. What criminal or administrative responsibility does the municipal government, represented by the head of administration, deputy, bear?
1 answer
The work of the chairman of housing and communal services without salary, on a voluntary basis, who organized the renovation of 3 apartment buildings, is included in the length of service when calculating a pension.
1 answer
There are 3 owners in the apartment, as well as 2 young children. The chairman of the housing and communal services turned off the sewer system without warning in writing.
1 answer
It is necessary to write a letter to the chairman of the housing and communal services department stating that they are unlawfully charging an additional fee for routine repairs.
1 answer
In the yard, for the second year in a row, completely healthy trees are being cut down at the roots. What criteria should the commission use if it issued a permit for cutting down?
1 answer
There is a decree from the administration that the house has been declared unfit for habitation; control over the implementation of this order has been entrusted to the chairman of the housing and communal services.
1 answer
The premises are rented out by the chairman of housing and communal services. Is it possible to privatize this premises?
1 answer
I work as a police officer, but we have a difficult situation. In the house where I live, the chairman of the housing and communal services turned out to be a dishonest person,
1 answer
I filed a claim in court, I need a document confirming from the neighbors that the person does not live at this address.
1 answer
The chairman is not the owner of the apartment and is not interested in the problems of the house. The chairman of housing and communal services, part-time, has the right to vacation pay.
1 answer
I pay for the com. services at the place of registration, although I do not live there. Chairman of Housing and Communal Services,
1 answer
How to remove a manager from his post?
In order to dismiss the chairman of the housing cooperative who is not properly performing his duties, it is necessary to assemble the board of the housing cooperative . The chairman himself must be present at this meeting.
The procedure for dismissal is as follows:
- A written decision should be made to change the manager. It should be accompanied by significant evidence - without it, the decision will be considered unfounded. If the “culprit” himself did not come, this is not a reason to cancel the decision. It still has power.
- Initiate the procedure for electing another person to a position.
- Hold elections. They can be held both at a board meeting and among all residents.
- Draw up a re-election protocol based on their results.
Another option for dismissing the chairman is dismissal under an employment contract . This can be done according to:
- with paragraph 10 of Article 81 of the Labor Code of the Russian Federation (due to gross violation of labor duties);
- with paragraph 6d of Article 81 of the Labor Code of the Russian Federation (due to theft of someone else’s property or embezzlement).
Important! It is impossible to simply fire the chairman. First, you need to have a reason. Secondly, you need to choose a new candidate immediately after dismissal.
How to remove the chairman of the housing cooperative?
Residents can choose a manager and can fire him. But for this you need to go through all the stages of the relevant procedure :
- hold a general meeting, inviting the chairman there and informing him of the possible dismissal.
- Make a written decision on dismissal, attaching all important evidence of the person’s incompetence.
- Select a new candidate for the position.
- Draw up a protocol for re-election.
If the chairman performed his duties on the basis of an employment contract, then he can easily be dismissed in accordance with Article 81 of the Labor Code of the Russian Federation.
Where can I complain about him?
Where can they complain about the chairman of the housing cooperative if residents are dissatisfied with the work of the chosen manager, but there are few grounds for dismissal?
To do this, you should submit a corresponding complaint to the following authorities:
- the prosecutor's office;
- court;
- police;
- local authorities;
- labor inspectorate;
- other government agencies whose competence is to resolve housing and communal services issues.
To prevent this from happening, the rights and obligations of the chairman of the housing cooperative must be strictly observed.
Where can I complain?
A complaint against the chairman of the housing cooperative can be submitted to a number of authorities . They are described in Federal Law No. 59:
- police and other law enforcement agencies;
- prosecutor's office;
- court;
- local authorities;
- Labour Inspectorate;
- any bodies whose competence includes resolving housing issues.
Naturally, you need to choose the body to file a complaint in accordance with the situation. If theft is proven, this will be the police or court, and if theft is suspected, this will be the labor or tax inspectorate.
To gain a deeper understanding of the functioning of a housing construction cooperative, we recommend that you familiarize yourself with a number of materials prepared by our experts:
- Guide to creating a housing cooperative.
- What is a housing cooperative agreement and what are the rules for drawing up the document?
- What are the differences between housing cooperatives and public housing cooperatives and what is known about the categories of shareholder and developer?
- Step-by-step instructions for the reorganization and liquidation of housing cooperatives due to bankruptcy.
Options for liability in case of violation of the law by the chairman
If any violations of the current legislation are detected by the chairman of the housing cooperative, any of the options of liability provided for by the rules of law themselves may be imposed on him. In general, in accordance with the rules of current legislation, the following measures may be imposed on the chairman:
- material liability (penalties that are imposed on the salary paid to the chairman in its bonus part);
- administrative liability (which are assigned only by court decision in case of minor violation of current legislation);
- criminal liability (in case of detection of significant violations of the current legislation, which resulted in the commission of a crime by the chairman of the housing cooperative, the fact of which was proven by the relevant law enforcement agencies).
