Powers of the chairman of the board of an apartment building

Legal status of the MKD council

The MKD Council is a body that protects and defends the interests of the owners of premises in the house. The house council can be elected by decision of the owners of the premises in the apartment building in the apartment building that is under the management of the Criminal Code (Part 1 of Article 161.1 of the Housing Code of the Russian Federation). That is, if a TSN, housing cooperative or other specialized consumer cooperative has been created in the house, then the MKD council can no longer be elected.

The MKD Council is elected for 2 years, unless a different period is established by the decision of the OSS (Part 10, Article 161.1 of the Housing Code of the Russian Federation). He can be re-elected at a general meeting of owners. The number of members of the council of apartment buildings is determined by the decision of the general meeting of premises owners (Part 4 of Article 161.1 of the Housing Code of the Russian Federation).

The decision to elect the MKD council is made within a year from the moment the house is put into operation. If the decision is not made or not implemented, then the local government body, within 3 months, convenes a general meeting of owners of premises in the apartment building to elect the council of the apartment building (Part 2 of Article 161.1 of the Housing Code of the Russian Federation).

How is the chairman elected?

The chairman of the apartment building is elected at a general meeting of residents. It is important that at least half of all owners of an apartment building take part in the meeting. Otherwise, a repeat meeting will have to be held.

It is necessary to notify residents of the upcoming meeting by registered letters, unless otherwise provided by the decision of the general meeting of the apartment building. For example, at the previous meeting, the owners determined that notices were posted on publicly accessible stands in the local area.

Several candidates are selected from among the members. It is possible to prepare ballot papers or determine another method of voting. The elections should be considered valid if at least 50% of apartment owners voted. The winner is determined by counting votes. When the chairman of an apartment building is elected, his rights and obligations (Article 161.1 of the Housing Code of the Russian Federation) are documented. The elected person gets acquainted with his key functions under his signature.

If homeowners have not independently elected the council and chairman of the apartment building, then the management company or local government has the right to initiate the procedure. In such a situation, the appointed persons may be dishonest in performing the work and show loyalty to the management company, and not to the residents.

Powers of the MKD council

The council of an apartment building can:

ensure compliance with the decisions of the OSS;
propose to the owners the procedure for using common property, a plan for organizing work for its maintenance and repair, discussing issues of competence of the MKD council;
control the performance of work and the provision of services for the maintenance and repair of common property in the apartment building, as well as the quality of the provided utilities;
propose a report on the work done during the year for approval at the annual general meeting of owners;
approve the decision on the current repair of common property in the apartment building, if it was adopted at the OSS by a majority vote (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).

Read more about the functions and competence of the MKD council in this article.

Activities of the MKD Council

The council also has its own responsibilities, the main one of which is representing the interests of premises owners before the management company.

Important! The Housing Code of the Russian Federation has been regulating the activities of the MKD council since 2005, in accordance with Article 161 (clauses 5 and 8):

monitor the implementation of decisions made;
propose for discussion issues related to the use of the territory adjacent to the house and common property;
propose for discussion issues related to organizing repair work and preparing the house for wintering;
propose management methods and bring up for discussion issues related to the competence of board members;
provide a list of all conditions that can be included in the agreement with the management company;
control over repair work and timely provision of high-quality utilities;
present a report on the work performed annually at general meetings.

Drawing a conclusion, we can say that the house council must monitor the implementation of the contract with the management company, and also report to the owners of the premises about the current state of affairs and the work done.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Legal status of the MKD council

The MKD Council is not a legal entity, so its registration is not necessary (Article 48 of the Civil Code of the Russian Federation, clause 2 of Article 161.1 of the Housing Code of the Russian Federation). The house council does not own its own property. The body cannot be a plaintiff, defendant or defender of the interests of owners in court. He also cannot acquire and exercise civil rights and bear responsibilities. The MKD council does not have the right to conduct business activities and receive funds from the owners of premises in this building.

To manage the activities of the MKD council, a chairman is elected from among its members (clause 6 of Article 161.1 of the Housing Code of the Russian Federation). The powers of the chairman of the council of MKD are listed in clause 8 of Article 161.1 of the Housing Code of the Russian Federation.

The functions of the members of the MKD council cannot be entrusted, since all of them are enshrined in the decision and protocol of the OSS (clause 1 of Article 185 of the Civil Code of the Russian Federation). If one of the council members cannot perform the functions assigned to him, then they can only be entrusted by a notary.

But in this case, it is necessary to indicate in the voting ballots for the election of the house council the possibility of transferring powers and its notarization (clause 3 of Article 187 of the Civil Code of the Russian Federation). However, each fact of transfer of functions of a member of the house council is certified by a notary from each owner of the premises in the apartment building. In addition, according to the law, one of the council members cannot be expelled. Despite the fact that the MKD council performs its functions only in full force.

What is an apartment building council

The council of owners of residential and non-residential premises in an apartment building is an elected body. Owners of apartment buildings take part in its creation. Issues related to the activities of this body are regulated by Article 161.1 of the Housing Code of the Russian Federation.

Owners of premises in an apartment building elect the council of an apartment building. Please note that this procedure is only required if there is no homeowners' association or housing cooperative.

In accordance with Part 1 of Article 44 of the Housing Code of the Russian Federation, an apartment building can have only one management body, for an HOA or housing cooperative - this is a general meeting of home owners, which is created to resolve important issues related to the management of the building.

The housing legislation of the Russian Federation does not give legal status to the council of apartment buildings as a body that can manage the house. Moreover, housing legislation does not give the council of apartment buildings the powers of a general meeting of homeowners, so they cannot make decisions related to the management of apartment buildings.

The council of an apartment building cannot replace the work of the general meeting of homeowners. In accordance with Part 11 of Article 161.1 of the Housing Code of the Russian Federation, commissions of owners of residential and non-residential premises in an apartment building are advisory bodies for managing the building.

The council solves the following tasks in an apartment building:

prepares proposals on issues that are considered only by the meeting of homeowners;
carries out control and quality of implementation of the adopted decision.

Before the general meeting, it is necessary to clearly work out all the issues that are planned to be considered at it, find information on these issues, analyze possible actions and find possible ways to resolve the situation, because without this it is difficult to make the best decision.

In practice, it has been proven that if the MKD does not have a body that takes an active position and is able to defend and represent the interests of the owners, there will be no close connection with the management company, and control over the execution of the contract will be ensured by the management company.

Attention! The council of the apartment building plays the role of intermediaries from meeting to meeting:

between owners of premises in apartment buildings;
between residents and the management company.

The chairman and members of the building council have no power over the owners of the premises, and everyone needs to understand this. The purpose of the activity is to help make decisions and ensure control over its implementation.

Owners of premises in an apartment building can prescribe a list of actions that are assigned to the council of the apartment building. Moreover, this can be formalized by just one organizational decision.

To do this, at the general meeting of owners of apartment buildings, the regulations on the council of an apartment building are approved, and it is worth remembering that it is impossible to increase the powers of the chairman or members of the council of apartment buildings other than those specified in the Housing Code of the Russian Federation.

Do I need to pay for major repairs if the apartment is not privatized?

Homeowners' association and TSN, what is the difference and which is better, read here.

How to draw up an act of delimitation of operational responsibilities of the parties, read the link:

OCC decisions adopted by more than 50% of the total votes

on the timing and procedure for conducting the annual OSS and the procedure for notifying decisions made thereon (Part 1, Article 45 of the Housing Code of the Russian Federation);
on holding a general meeting in the form of absentee voting using the GIS Housing and Communal Services (clause 3.2, part 2, article 44 of the Housing Code of the Russian Federation);
on determining the administrator of the general meeting when conducting an OSS using the GIS Housing and Communal Services (Clause 3.3, Part 2, Article 44 of the Housing Code of the Russian Federation);
on the procedure for the administrator of the general meeting to receive messages about the conduct of the general meeting, decisions on agenda items, and the duration of voting (clause 3.4, part 2, article 44 of the Housing Code of the Russian Federation);
on the procedure for financing expenses associated with convening, organizing and holding a general meeting at the request of an initiative group of owners of premises in an apartment building (clause 3.5, part 2, article 44 of the Housing Code of the Russian Federation);
on choosing and changing the method of managing MKD (clause 4, part 2, article 44, part 3, article 161 of the Housing Code of the Russian Federation);
on the creation of a partnership and approval of its charter (part 2 of article 135, part 1 of article 136 of the Housing Code of the Russian Federation);
on the reorganization of the partnership (Article 140 of the Housing Code of the Russian Federation);
on the liquidation of the partnership if its members do not have more than 50% of the total number of votes of the owners of premises in the apartment building (Part 2 of Article 141 of the Housing Code of the Russian Federation);
on the selection of a management company and determination of the terms of the management agreement for apartment buildings (Part 1 of Article 162 of the Housing Code of the Russian Federation);
on the election and re-election of the council of the apartment building, if a homeowners association, TSN, housing cooperative or other specialized consumer cooperative has not been created in this house (Article 161.1 of the Housing Code of the Russian Federation);
on the use of GIS housing and communal services in the activities of the council of apartment buildings, its chairman, commissions of owners of premises in this building if they are elected (Part 13 of Article 161.1 of the Housing Code of the Russian Federation);
on the amount of payment for the maintenance of common property in an apartment building , if a partnership has not been created in it (Part 7, Article 156 of the Housing Code of the Russian Federation);
on payment for all or some utilities in the Russian North Ossetia (Part 7.1, Article 155 of the Housing Code of the Russian Federation);
on the current repair of common property in the apartment building (clause 4.1, part 2, article 44 of the Housing Code of the Russian Federation);
on the conclusion of contracts for the performance of work and the provision of services for the maintenance and repair of common property under direct management (Part 1 of Article 164 of the Housing Code of the Russian Federation);
on the selection of an authorized person on behalf of the owners in relations with third parties during the direct management of the house (Part 3 of Article 164 of the Housing Code of the Russian Federation);
on the place or address of storage of protocols and decisions of the OSS (Part 4 of Article 46 of the RF Housing Code);
on the election of a commission of owners of premises in the apartment building (Part 12, Article 161.1 of the Housing Code of the Russian Federation).

Read about the design of OSS protocols in this article.

Chairman and council of MKD - rights and responsibilities

The procedure for electing the chairman of the MKD

The law does not impose requirements on the qualifications of the chairman of the house. The requirements come from the functions that will be assigned to him by the residents:

the main member of the MKD council must have authority among residents and have an active civic position;
a lot will depend on the candidate’s ability to defend the rights of residents of the house;
It is desirable that the candidate has knowledge in the field of construction/repair and is legally literate.

Appointment to a position occurs at a meeting, the candidate is nominated from among the council members.

Rights and responsibilities of the chairman

While leading, the chairman of the house council will be responsible for its work.

It is the chairman:

Powers of the chairman of the MKD. Photo No. 9

signs contracts on behalf of all owners, including the contract with the management company;
can make amendments to contracts necessary for residents;
coordinates the timing and need for repairs and other work;
informs residents of the building about the conditions and changes in the work of management companies and contractors;
exercises control over the work of management companies and contractors;
has the right to sign acts (about damage, violations, upon completion of work, etc.);
can act on behalf of residents in court on issues related to general house problems or problems of specific owners (if there is a power of attorney).

The chairman can confirm his authority by extracting from the minutes of the meeting.

It must record the date of the event, the full address of the MKD, indicate the decision and term of office. The signatures of the chairman and secretary are required. If a representative of the municipality was present at the event, he can also certify the document with a signature.

The need to manage apartment buildings, whose residents are property owners, has become so acute in recent years that legislators had to adopt additional standards to regulate their contribution to the management of apartment buildings.

The MKD Council is an initiative that has proven itself well if the approach to its creation is not formal and the council members are interested in improving the quality of work on the maintenance and upkeep of the house.

You can find out what an apartment building council is, the procedure for its creation and activities by watching the video:

See also Telephone numbers for consultation May 05, 2020 kasjanenko 489

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Discussion: there is 1 comment

Alexander says:
03/06/2019 at 20:35
The Housing Code of the Russian Federation does not specify the number of members of the council of apartment buildings, simply mentioning that “the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments in a given building” (unless otherwise established by a decision of the general meeting of owners of premises in the apartment building). Formally, it turns out that the MKD council can even consist of 2 people? How to determine the optimal size of the MKD council?
Answer

Decisions of the OCC adopted by a majority of at least two-thirds of the total number of votes

on the reconstruction of apartment buildings (extension or superstructure), construction of outbuildings and other buildings, structures, structures;
on the overhaul of common property in the apartment building , on the use of the overhaul fund (clause 1, part 2, article 44 of the Housing Code of the Russian Federation);
on the choice of the method of formation and the minimum size of the capital repair fund, the amount of contribution for capital repairs;
on the selection of a person authorized to open a special account at home and carry out transactions with the funds located on it, the selection of a Russian credit institution in which a special account should be opened (clause 1.1, part 2, article 44 of the Housing Code of the Russian Federation);
on obtaining a loan or loan for major repairs of common property in an apartment building;
on determining the essential terms of a credit agreement or loan agreement, conditions for obtaining a guarantee, surety, payment of interest on a loan or loan, payment from the capital repair fund of expenses for obtaining a guarantee or surety (clause 1.2, part 2, article 44 of the Housing Code of the Russian Federation);
on the use of a land plot under an apartment building, on the introduction of restrictions on use (clause 2, part 2, article 44 of the Housing Code of the Russian Federation);
on the use of common property by other persons, concluding agreements for the installation and operation of advertising structures (clause 3, part 2, article 44 of the Housing Code of the Russian Federation);
on the determination of persons who, on behalf of the owners of premises in apartment buildings, can enter into agreements on the use of common property on certain OSS conditions (clause 3.1, part 2, article 44 of the Housing Code of the Russian Federation);
on vesting the MKD council with the authority to make decisions on routine repairs of common property in the house (clause 4.2, part 2, article 44 of the Housing Code of the Russian Federation);
on vesting the chairman of the council of MKD with the authority to make certain decisions (clause 4.3, part 2, article 44 of the Housing Code of the Russian Federation);
on the creation of a partnership by owners of premises in several apartment buildings, if they are located on land plots with a common border, networks of engineering communications and infrastructure elements for the joint use and maintenance of more than one residential building (Clause 1, Part 2, Article 136 of the Housing Code of the Russian Federation ).

If you have any questions, you can always contact us for advice. We also help management companies comply with 731 Russian Federation Regulations on the Information Disclosure Standard (filling out the Housing and Communal Services Reform , management company website, information stands) and Federal Law No. 209 ( filling out the Housing and Communal Services GIS ). And the “OSS 100%” service will help to hold a legally correct general meeting of owners to select the council of the apartment building.

What is the MKD council?

The council of an apartment building represents the interests of the owners of premises in such a building. It can be elected if there are more than four apartments in the building and no HOA or housing cooperative has been created in it.

Article 161.1 of the Housing Code. Apartment building council
1. If a homeowners’ association has not been created in an apartment building or the building is not managed by a housing cooperative or other specialized consumer cooperative and there are more than four apartments in this building, the owners of the premises in this building at their general meeting are required to elect a council of the apartment building houses from among the owners of premises in this house. Registration of the council of an apartment building with local authorities or other bodies is not carried out.

Unless another term is established at the general meeting, the council is elected for two years. In the case of renewal of powers, the same period applies by default. The number of persons on the council must also be established at the meeting. Unless otherwise decided at the meeting, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments in the building.

The decision to elect the council of a new apartment building must be made within one calendar year from the date the building was put into operation. If such a decision is not made or the decision taken is not implemented, the local government body must convene a general meeting of premises owners within three months to elect the council of the apartment building and its chairman.

Powers of the council of an apartment building

The powers of the council are established by part 5 of article 161.1 of the Housing Code of the Russian Federation. In accordance with this article, the MKD council:

Ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;
Submits to the general meeting of owners proposals on the procedure for using common property, planning and organizing work on its maintenance and repair, on the procedure for discussing draft agreements concluded by the owners of premises in the house in relation to common property and the provision of utilities, on the election of commissions from among the owners of premises in house, as well as proposals on issues of competence of the council of an apartment building;
Provides owners of premises in an apartment building with proposals on issues of planning and organizing the management of an apartment building, maintenance and repair of common property;
Presents to the owners (before consideration at the general meeting of owners) its conclusion on the terms of the draft agreements proposed for consideration at this general meeting;
Monitors the provision of services and performance of work related to the management of an apartment building, maintenance and repair of common property, and the quality of provided utilities;
Submits a report on the work done for approval at the annual general meeting of owners;
Makes decisions on the current repairs of common property in an apartment building if a corresponding decision is made by the general meeting of owners of premises in an apartment building.

The powers of the MKD council
The council can also exercise other powers - for example, conducting information work with the owners of premises for holding general meetings of owners, conducting surveys to assess the quality of the work of the management organization.

Also, Part 8 of Article 20 of the Housing Code of the Russian Federation gives councils the right to exercise public housing control.

Powers of the Chairman of the MKD Council

The powers of the chairman of the house council are specified in Article 161.1 of the Housing Code of the Russian Federation. In accordance with it, the chairman:

before the general meeting of owners of premises in an apartment building makes a decision on concluding a management agreement for an apartment building, the right to enter into negotiations regarding the terms of the said agreement, and in the direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding the terms of agreements during the direct management of the building and brings it to information from the general meeting of owners of premises in an apartment building, the results of negotiations on these issues;
on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, under the conditions specified in the decision of the general meeting of owners of premises in a given building, a management agreement for an apartment building or contracts for the direct management of the building. Under the management agreement for an apartment building, all owners of premises in the apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and in the case of direct management of an apartment building, the owners of premises in this building, copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this building , from the specified persons;
exercises control over the fulfillment of obligations under concluded agreements for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acceptance certificates for services provided and (or) work performed on maintenance and current repairs of common property in an apartment building, acts of violation of quality standards or frequency of provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts of failure to provide utilities or provision of utility services of inadequate quality, and also sends to the authorities local government appeals about the management organization’s failure to fulfill its obligations;
on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in matters related to the management of this building and the provision of utilities;
makes decisions on issues that are transferred for decision to the chairman of the council of the apartment building in accordance with the decision of the general meeting of owners of premises in the apartment building.