Issues of managing an apartment building are enshrined in Art. 161-165 of the Housing Code of the Russian Federation. However, there is no such definition as a senior housekeeper in an apartment building (MKD) in it or in any other legislative act. However, it is used in many legal documents of local authorities. And in the absence of general instructions on this matter, job responsibilities are developed individually in individual localities. Over time, such documents in different territorial objects began to resemble each other, and general trends emerged.
Who is the house eldest?
This is one of the owners of the premises in the apartment building, who was elected by the others to protect common interests, endowed with responsibilities and inalienable rights. He defends the interests of residents in the Criminal Code. Who can become a house elder is determined by the instructions of the local administration. The process of its appointment and the features of its activities are also explained there. The person in charge of the house is also called the house manager, the chairman of the council of the apartment building. He must be respected among residents, a responsible, organized person who has basic legal knowledge.
Senior at the entrance
Such a “position” also occurs in a high-rise building (at the discretion of the residents). The responsibilities of the entrance supervisor in apartment buildings are identical to the responsibilities of the building manager, only the former is in charge of a separate section of the house. The powers are practically the same, but on a different scale.
He must also be proactive and help the manager on all issues within the framework of the part of the apartment building entrusted to him. It is elected only by the owners of the apartments of a particular entrance; a decision on this is made at a general meeting by a simple majority of votes. This simplifies the work of managing the house, brings coherence and efficiency.
Remuneration agreement
At whose expense will the salary be paid? It's up to you, or rather, the congregation of your home, to decide. Some prefer to see a separate column in payments for housing and communal services, while others prefer it when funds are allocated from the general fund and funds of the management company.
There are two main ways to officially pay remuneration:
- under an agreement with the Management Company; in this case, the salary of the house manager in apartment buildings is a fixed amount and is paid at the expense of the management company, however, it is worth considering that such funds are taxed, which is why payments are less than what is specified in the contract;
under an agreement with the owners, in which the management company acts as an intermediary; is considered the most optimal payment scheme, because in this case the funds are subject to less tax;
The management company acts as an intermediary, and the payment of funds comes from the residents of the house; payments are regulated by a contract, which may include various remuneration terms.
Various clauses with conditions can be included in the contract:
- when and under what circumstances the elder receives remuneration;
- when bonuses and benefits are provided;
- conditions under which he is deprived of all this.
This is important to know: Federal Law 159 on the specifics of the alienation of real estate
This agreement should indicate two points:
- the amount of remuneration approved by the general meeting;
- the frequency with which the management company must make payments.
What rights and responsibilities does it have?
The head of the house has a special status. He must perform the work assigned to him, while having additional rights. Main responsibilities of a house manager:
- ensuring the cleanliness of entrusted public areas;
- implementation of compliance with contractual conditions by housing maintenance authorities (improvement, cleaning, repair of entrances to apartment buildings);
- monitoring compliance with property operation standards and taking care of its safety;
- explanatory work on issues related to common property;
- providing information about institutions liquidating accidents;
- participation in resolving conflict situations in cooperation with the Internal Affairs Directorate;
- organizing assistance to low-income families together with social protection authorities;
- responsibility for safe exits (electrical panels), ensuring the safety of the keys to them;
- maintaining documentation about the work and appeals of citizens, preparing annual reports;
- control over the implementation of operational, fire, sanitary, and environmental requirements in the entrusted territory.
The house manager assists the relevant authorities (Ministry of Internal Affairs, fire protection, energy service, etc.) in implementing preventive measures. The head of the house has the rights:
- submit a request to the Criminal Code for the Prevention of Emergency Situations;
- make proposals for the safety of common property;
- evaluate, together with representatives of the management company, the results of the work performed and draw up appropriate acts;
- hold meetings;
- establish measures of influence on citizens who violate community standards;
- be elected to the MKD council or house committee.
These are fundamental rights. Where the apartment building is located is important, and the responsibilities of the house elder differ depending on this. In each region the list can be updated and new items added.
Rights and responsibilities of a house elder in an apartment building
The law clearly outlines the main responsibilities that are assigned to the “main man of the house.” So, according to clause 8 of Art. 161.1 of the Housing Code of the Russian Federation, he is obliged to perform the following main tasks:
- promptly bring to the attention of the general meeting of apartment owners the results of negotiations with various organizations regarding the management of an apartment building;
- on behalf of all residents, enter into agreements with the management company, as well as other organizations that provide property repair services, as well as providing housing and communal services services to apartment building residents (water supply, electricity supply, gas, etc.);
- exercising control over the fulfillment of the obligations of the management company, as well as other organizations involved in performing certain tasks for maintaining the house;
- expression of the interests of all owners of apartment buildings in the judicial body;
- making decisions on other issues within the scope of his competence.
In turn, the head of the house also has certain powers and rights that arise from his position. This may include the following:
- conducting negotiations with the management company, to which in the future the responsibility for maintaining the common property of the apartment building will be transferred;
- requesting information necessary to monitor the activities of the management company, as well as sending written demands to it to eliminate violations;
- making proposals regarding the management of apartment buildings, the use of financial resources, carrying out repair work, etc.
Choosing a building manager
The position can be introduced at the suggestion of any of the owners. The election of a house elder with the drawing up of minutes is ensured by a general vote of the owners at the meeting. At least 2/3 of the number of owners of apartments in the apartment building must participate in it. An applicant for the position needs to collect 50% plus one vote. Tenants do not participate in voting. Absent owners have the right to vote in absentia. Those who did not take part in the elections are subject to the decision of the meeting.
Job description
When setting a salary, the management company enters into an agreement with the head of the house on joint activities. The document is based on the minutes of the meeting and contains:
- details of the parties, their rights and obligations;
- agreeing on the nuances of joint activities;
- amount of payment;
- validity;
- and other conditions.
A sample of such an agreement can be found below. In order to keep documents in order, the house manager is required to know the charter of the apartment building and be able to draw up:
How are salaries determined, who appoints and pays?
In accordance with the provisions of housing legislation, the payment of wages to the senior person in the house is not a mandatory condition. Thus, in paragraph 8.1 of Article 161.1 of the Housing Code of the Russian Federation it is written that the owners of apartments in apartment buildings only have the right to decide on the payment of remuneration in favor of the members of the council, as well as its chairman. However, this is not their direct responsibility.
Thus, wages may not be paid at all. However, there should still be some encouragement and motivation. So, instead of money, additional privileges and benefits may be provided.
The specific option for rewarding work must also be chosen by the general meeting of apartment owners.
Does the management company pay the house manager?
As is already clear from the above, the management company has nothing to do with the remuneration of the senior housekeeper. Making a decision on this issue falls entirely within the competence of the owners of premises in the apartment building.
The funds that will be used to remunerate the work of this official are independently collected by all residents of the house. The legal relations arising in this case can be formalized using a civil law contract.
Size
It is impossible to indicate a specific amount that a senior person in the house can receive, since its amount depends entirely on the wishes of the owners of the house.
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In accordance with clause 8.1 of Art. 161.1 of the Housing Code of the Russian Federation, the decision of the meeting of owners of apartments in apartment buildings on the payment of remuneration in favor of the chairman must include the procedure and conditions for its provision, as well as a detailed algorithm for determining its size.
The current legislation does not contain any tariff rates on the basis of which the approximate amount of remuneration can be calculated. At the same time, when making such a decision, the degree of workload, the scale of issues that must be resolved, the work schedule, etc. are taken into account.
Privileges
An alternative to paying a monetary reward may be to provide the eldest person in the house with discounts on utility bills. Thus, by decision of the meeting of owners of an apartment building, this person can receive receipts for payment of housing and communal services (for water, gas, electricity, heating, etc.) at a reduced cost.
This format for providing remuneration must also be officially recorded on paper, which includes information about what types of utility payments the discount applies to, how it is calculated and other important points.
Payment of wages
This is not regulated by law. The person in charge of the house receives a salary or compensation for utility bills. Sometimes socially active persons take on the described activity on a voluntary basis. The management company can enroll such an employee on its staff and determine the method of remuneration. To do this, at a meeting of citizens, a petition is signed to the Criminal Code to introduce this position into the state and determine the amount of earnings.
Who appoints and pays salaries?
The method of remuneration and its frequency is established at the general meeting. There are two options: either residents collect funds on their own or benefits are provided in the form of reduced utility bills.
What benefits are provided?
Local authorities provide privileges for the head of the house. For example, according to Moscow Government Decree No. 328 dated April 13, 1999, the building manager has a 100% exemption from fees:
- for the work of the concierge;
- for using the intercom;
- for waste disposal.
The list of benefits is not established by law. But at the initiative of residents, they can be introduced on an individual basis.
How to become a senior resident
I'm about to retire. I’m not used to sitting idle, so I would like to work as a foreman around the house or entrance. Moreover, no one really keeps order in my house. How to become a senior? Does he get paid for this and what are his responsibilities?
Vladimir Laryushkin. South Medvedkovo.
As the city Department of Housing, Communal Services and Improvement said, the person in charge of an entrance or building is elected only at a general meeting of residents and usually for a year. The elections are formalized by a protocol, which must be signed by at least 51 percent of the inhabitants of the house or entrance. Then it must be registered with DEZ. As a rule, the powers of a popular representative are automatically extended for the next year. Of course, if the neighbors did not make a different decision at the next meeting.
The position of the entrance or house supervisor is not officially paid, so he works on a voluntary basis. But the capital’s authorities completely exempt activists from paying for housing services for such work. This includes rental fees, payment for housing under a rental agreement, maintenance, including garbage removal, maintenance of the intercom and concierge services (according to Moscow government decree No. 1109 of December 7, 1999, as amended on March 14, 2000 and March 13, 2000). 01). Savings on rent amount to no more than 200 - 300 rubles per month.
The person in charge of the entrance or house represents the interests of his neighbors regarding the maintenance and safety of the residential building and yard in the district government, the directorate of the single customer, departments of internal affairs and other government agencies. This is what his main responsibilities look like:
if necessary, holds meetings of residents to discuss plans for caring for the house or entrance, participates in the conclusion of DEZ agreements with contractors;
evaluates the work of public utilities personally and through a survey of residents, then communicating people’s wishes to the leaders of the local DEZ;
monitors how residents use their apartments, stairs, elevators, for example, whether they are damaged or dirty. In addition, he checks whether other people's dogs and cats are not disturbing the neighbors. As a last resort, the elder can “hand over” the violators to the police and DEZ, after which they will face warnings and fines;
the house elder also controls the work of all the house elders (according to Moscow government decree No. 421 of May 26, 1998).
The presumptuous elder is “put in his place” by the DEZ or the council based on a complaint from residents. In addition, if voters are dissatisfied with his work, they have the right to hold a general meeting early and elect a new elder.
How many years should an elevator last in a residential building?
In my building, the elevators break down every year. Looks like they've served their purpose a long time ago. How long must the elevator in a residential building work before we can finally wait for a replacement or at least a repair?
Larisa Malyshko. Northwestern district.
As explained in the Department of Housing, Communal Services and Capital Improvement, the maximum operating life of the elevator is twenty-five years. After this, Moslift specialists conduct an examination of the lift and decide whether to repair the mechanism or completely replace it. It depends on how much wear on parts affects its performance. Such indicators may include, for example, malfunctioning doors, impaired stopping accuracy or smooth operation, loud winch noise, and damage to the cabin.
Typically, during repairs, the main components of the elevator are updated: the cabin compartment, the winch, the load-bearing ropes, the door drive, electrical equipment, the speed limiter, the distribution of wires and cables, and the shaft doors.
If there are two elevators in the house, then all work is carried out in turn. Typically, an elevator replacement takes 43 business days (plus or minus 1 day). And the duration of the repair depends on the number of floors in the house. For heights up to 9 floors, the repaired elevator should be operational again within 24 working days. If the house has more than 9 floors, then after 24 days one day is added for each floor.
Requests regarding the maintenance and safety of elevators, intercoms and video surveillance systems in entrances are accepted by calling the Moslift hotline (automatically, 24 hours a day). Don't forget to provide your contact phone number for feedback.
AND THERE WAS A CASE...
A resident of Mexico City filed a lawsuit against the municipality. The gist is this: after being stuck in an elevator with a strange guy, the plaintiff's daughter became pregnant.
Agency "Extra Press".
Who repairs mailboxes?
There are rickety mailboxes hanging on our landing. The doors on them are either constantly open, or there are none at all. Where can I apply for box repairs?
Vera Dolgikh. Central district.
As reported in the municipality, the repair of mailboxes is required to be carried out by public health units at the expense of money allocated for the operation of the housing stock. And their replacement is done using funds set aside for major repairs. Of course, if this is provided for in the DEZ estimate for the overhaul of residential buildings. For clarifications and requests, you can contact the joint dispatch service of your area. Although sometimes the nearest post office will also undertake for a fee, for example, to embed a new lock into a newspaper box or even completely replace the apartment mailbox.
As for HOA and housing cooperative houses, the replacement and repair of boxes is usually paid for by the cooperative or residents' association itself. Under an agreement with the HOA, the municipal directorate of the single customer provides only maintenance and minor repairs of mailboxes (for example, utility workers can fix bent doors), as well as their painting during the renovation of the entrance (according to Moscow Government Decree No. 257-PP dated March 20, 2001. , as amended on August 3, 2004, as well as letter from the Moscow City Order Department No. 64-63/2 dated January 28, 2002).
In one of the upcoming issues, Komsomolskaya Pravda will discuss the problem of the safety and reliability of mailboxes in the capital's entrances.
The column is led by Svetlana OLIFIROVA: - I answer your questions! Write, call!
Where to write: “Komsomolskaya Pravda”, “Pravdy” street, 15, Moscow, 125993 Call: pager 788-00-88 for subscriber 49754 “Soap”
DIRECT COMMUNICATION
957-04-44
If you have questions for the authorities, call every day, except Saturday and Sunday, from 10.00 to 17.00 on the direct line between the capital government and city residents. This week, employees of the following organizations are on duty at the phone:
July 31 - Department of Housing and Communal Services and Improvement of Moscow; August 1 - Moscow Department of Education; August 2 - Committee of Advertising, Information and Design of Moscow; August 3 - Committee for Relations with Religious Organizations of Moscow; August 4 - Committee on Architecture and Urban Planning of Moscow (Moscomarchitecture).
Responsibility for failure to perform one's functions
The building manager must periodically (reflected in the contract) report to residents on the work done. Those who elected him have the right to know about the quality of the duties he performs. It doesn't always live up to expectations. Sometimes there is even a dilemma about where to complain about the elder in the house. Conflict resolution is practiced in stages when contacting the authorities:
- UK;
- housing inspection;
- prosecutor's office;
- court.
Of course, matters rarely reach the final authority. The main issues are resolved in the management company, where a report on the work of the elder in the house can be used as evidence. If a violation of duties is established, the employee may be held accountable - administrative or criminal (decided by the court).
