HOA: what is it, its pros and cons. What documents must the homeowners' association provide at the owner's request? The homeowners' association has the right to register residents

The chairman of the HOA is elected by the general meeting of residents for a period of at least 2 years. Unlike the senior housekeeper when managing a housing department building, this is by no means a nominal position.

The imposition of such a title on one of the apartment owners entails the emergence of rights and obligations for the chairman of the HOA. All of them are strictly enshrined in the Housing Code.

Rights and powers of the chairman of the HOA

All powers of the chairman of the HOA are defined in Article 149 of the Housing Code. Specific rights are usually spelled out in the HOA Charter, adopted by the general meeting, but they cannot contradict the provisions of the law. So, In accordance with the Housing Code, the chairman of the HOA has the following powers:

sign payment documents on behalf of the HOA;
develop staffing table(i.e., determine the number of employees in the HOA, their work schedule and payment for their labor);
control the execution of decisions of the general meeting and the board;
enter into agreements with organizations serving the house.

Based on this, his rights are determined:

fully and completely dispose of all funds located in the bank accounts of the HOA;
settle accounts with organizations providing operational services and supplying utilities;
do your own accounting;
hire and fire employees;
pay wages HOA employees, including yourself;
monitor the work of HOA employees and third-party organizations with which a service agreement has been concluded.

In addition, the agreement may define the following powers of the chairman:

act on behalf of the HOA in court and take funds to cover legal costs;
file lawsuits;
announce a tender for a home maintenance competition;
have a casting vote if the opinions of the participants in the general meeting are equally divided;
issue residents with the necessary documents;
charge rent.

In principle, the listed rights can be transferred to other HOA employees. For example, the right to speak in court - to a lawyer, to calculate rent - to an accountant, to issue documents to residents - to a secretary, etc.

If a house has a large number of residents, this approach is advisable. But if the house is small, then all these rights and responsibilities can be given to one person - the chairman of the HOA.

Controversial issues

Often, when determining the powers of the chairman, controversial issues arise. For example, does the chairman of the HOA have the right to enter the residents’ apartment.

In accordance with the Constitution, every Russian has the right to the inviolability of his home. This means that without the permission of the tenant, no one has the right to inspect the apartment - even law enforcement officers (to gain access they must have a court decision to search - a warrant).

Consequently, without the permission of the resident, the chairman of the HOA has no right to enter the apartment, unless he has a court decision in his hands.

But in some cases, entry into the apartment is necessary - even if the tenant is against it or if he is absent. For example, a pipe has burst in his apartment and the house is flooding. Such situations are emergencies.

But even in this case, the chairman and employees of the HOA - carpenters, repairmen, etc. - do not have the right to enter the apartment, much less break the door. The maximum they can do is turn off the water and weld the pipes of the neighbors above and below. If, for example, a short circuit occurs, then they can simply isolate the apartment from the general electrical circuit.

After the tenant who admitted emergency situation, an invoice is issued to cover losses.

Sometimes the HOA Charters stipulate that in the event of unforeseen situations, the chairman has the right to enter the apartment without the permission of the resident. Such a Charter is not legal from the point of view of the Constitution and can be challenged in court.

Second controversial point- Does the HOA have the right to post lists of debtors? In accordance with the Personal Data Law, it is prohibited to disclose any information about a person without his written consent, including:

last name, first name and patronymic;
passport details;
residential address;
Family status;
availability of property;
existence and amount of debt.

Thus, in accordance with this law, without written permission, the chairman of the HOA does not have the right to post a list of debtors by name. The maximum that is allowed is an impersonal presentation of information.

For example, you can simply write: “23 debtors live in our house, the total debt on utility bills exceeds 250 thousand rubles. We ask you to pay the rent on time.” This is maximum. You cannot even list the specific apartment numbers of the debtors.

The board can compile lists for itself in order, for example, to go door-to-door and explain to debtors the responsibility for non-payment of the apartment.

Responsibilities of the chairman of the HOA in apartment buildings

Responsibilities are closely intertwined with the rights of the chairman. Thus, much of what the chairman is authorized to do it simply must do:

control the activities of contractors and the proper quality of the work they perform;
monitor sanitary and technical condition common property;
conclude agreements with organizations serving the house;
enter into agreements with individuals and legal entities who are not owners, but tenants of premises, on the repair and maintenance of the building;
collect rent from tenants and users of common property ( we're talking about mainly about entrepreneurs renting shops and offices on the first floors of the house);
ensure compliance with the rights of owners;
control the fulfillment of homeowners’ responsibilities for maintaining the building (in other words, control the collection of rent);
maintain accounting and statistical reporting, business documentation;
carry out banking transactions in a timely manner;
hire and train HOA employees;
respond to possible emergency situations;
monitor compliance with the rules of the hostel and compliance with the norms of the Housing, Civil Code, requirements of SanPiN and other legal acts.

Thus, the chairman's responsibilities are quite broad. Therefore, residents must carefully elect a leader! He can delegate part of his work to hired employees.

For example, all banking operations and accounting can be carried out by professional economists, and authorized engineers can monitor the condition of the building.

The chairman’s task is to organize all this work and prevent emergencies.

For the chairman of the general meeting or the board of the HOA Additional responsibilities may be assigned. For example, when conducting overhaul he may be authorized to control all work carried out and manage the funds set aside for these needs.

Responsibility of the chairman of the HOA

The Chairman is obliged to act strictly within the framework of the Civil and Housing Code. Any deviation from the rules may serve as a reason for either his removal from office or legal prosecution.

The legislation does not stipulate in any way the responsibility of the chairman for his actions (or inactions) that led to the ineffective management of the HOA. In general cases, of course, you can be guided by certain articles of the Criminal Code, for example:

negligence;
misappropriation or embezzlement;
fraud;
abuse of power.

However, for a timely response, it is best to register the procedure for holding the chairman accountable in the HOA Charter, for example:

what responsibility is imposed on him without going to court, at a general meeting of residents (for example, a fine for embezzlement Money HOA);
procedure for compensation of losses (for example, full compensation for wasted money voluntarily or by going to court);
procedure for going to court;
the measure of responsibility of the chairman for the actions of contractors (for example, if the damage is caused not by the chairman, but by the contractor, it is necessary to indicate to whom exactly the board is making claims).
a measure of financial responsibility for specific actions of the chairman.

Since the work of the chairman involves large sums of money and the management of a large farm in the form of an apartment building and the surrounding area, then he bears personal financial responsibility:

for the safety of common property, like any other resident or board member;
for safety material assets located in the board office (furniture, office equipment, household appliances, etc.);
for the safety of funds in the payment accounts of the HOA;
for the correctness of settlements with contractors and service organizations;
for the lawful collection of rent and rent;
for the correct distribution of the salary fund;
for the targeted expenditure of funds set aside for reserves and major repairs.

If violations are revealed against the chairman by members audit commission a violation report is drawn up in the presence of two witnesses, and the amount of damage is determined. Then the offender is invited to voluntarily, in a pre-trial manner, resolve the conflict and compensate for the losses incurred.

In case of refusal, the board files a lawsuit against the chairman for recovery of damages, attaching an act and material evidence to it. In turn, the chairman can sue the board and the audit commission if he does not agree with the accusation. This may result in dismissal and change of chairman.

Thus, the work of the chairman of the HOA is strictly regulated by regulations and legal acts. He acts on the basis of the provisions of the Civil and Housing Code, and in the direct performance of his duties he is guided by the provisions of the Charter.

The rights of chairmen imply the presence of responsibilities. In case of violation of his powers, criminal or administrative measures may be applied to the chairman. The chairman also bears full financial responsibility for his actions and will have to compensate for all damage caused.

The full financial responsibility of the chairman of the HOA is a court decision.

The chairman of the HOA is a leader, which means that he has a huge range of rights and responsibilities. Of course, there are dishonest HOA chairmen who neglect their duties and exceed their powers.

In order for ordinary citizens living in an apartment building to independently protect their rights, as well as do not allow arbitrariness to take place, let's get acquainted with the rights and responsibilities of the above-mentioned person.

You can learn about how to conduct elections for the chairman of an HOA, conclude an employment contract with him and calculate salaries from our articles.

What are the rights and responsibilities of the chairman of the HOA according to the housing code?

What is he entitled to?

Let's consider the rights of the chairman of the HOA.

Enter the apartment

Does the chairman of the HOA have the right to enter the apartment and inspect it?

Due to the nature of his activity, the HOA manager may face various situations and difficulties.

First of all, they relate not only to repair work, but also to the interaction between the chairman himself and the residents. Surely you too have had conflict situations with the head of your management organization.

Everything happens due to the fact that either one or the other side not aware of what is allowed, and what his opponent has the right to.

One of the pressing issues that concerns many citizens, as well as some chairmen who do not consider it necessary to become familiar with their powers, is the right to enter the owner’s apartment.

Very often, due to any disagreements between a particular owner and the partnership, the head of the organization solves problems personally.

For example, when it comes to non-payment, hiding meter readings, carrying out repair work that is not agreed upon with the administration and affects the load-bearing structures of the house, and so on.

Very often, in order to see for yourself that a violation is taking place, or, on the contrary, the person was acquitted in front of other residents, the chairman simply needs to enter the premises.

Of course, he cannot do this on his own, but is the owner obliged to allow the head of the HOA into his home? Not really.

Just as the manager of an HOA does not have the right to freely enter any apartment, such a person, who is the owner, has every right not to allow the chairman to enter the threshold.

It's connected with private property rights, as a result of which the owner of the property has all rights to own, dispose of and use the property. In particular, it is he who sets the limits that a particular person can overcome.

Therefore, the head of the HOA may encounter a refusal, and cannot in any way prevent this.

If the chairman is not familiar with his rights, or neglects them, thereby trying to enter the apartment, then the owner has every right to refuse him in this action, moreover, if penetration does occur, he may sue or call the police.

However, there are situations that require immediate resolution. For example, a pipe burst, but the owner is not in the apartment, and in this case, the HOA manager has every right to enter the home in order to eliminate dangerous consequences, thereby preventing serious material and other damage.

In this case, the entry of the HOA manager into the property is absolutely legal, and cannot be regarded by the residents as an attempt to carry out an illegal act.

Find out from our articles how to change the form of management of your apartment building and create an HOA through absentee voting.

Post lists of debtors

Does the HOA have the right to post lists of debtors? Another action that is controversial in the work of the chairman is posting lists of debtors.

There is no such house, where all residents would pay utility bills on time, and most importantly, correctly. Here and there, debts arise, which can grow into significant amounts over time.

Resource supply organizations will demand an explanation from the head of the HOA partnership, as well as the impact on defaulters.

In this case, if the chairman is unable to personally contact the property owners who are in default, many managers resort to such a means as posting a list of debtors.

In addition to the fact that defaulters themselves become familiar with the list, other homeowners also see them. And this means that a wave of indignation is growing regarding the fact that some avoid paying for housing and communal services, thereby putting others in a delicate position.

In fact, such an action is also illegal.

This is because today the Information Protection Law No. 149 FZ is in force, which does not allow the disclosure of personal data, namely initials, the amount of debt, as well as other information about the tenant.

However, the HOA manager can specify a list of apartments without specifying the amount of debt.

And yet, the only established legal way to influence defaulters is personal conversation, in which the manager must persuade the occupants of the property to pay their expenses.

About how to determine which HOA serves your home, how to complain about its activities or leave it with your entire household. You can download samples of statements and complaints to the HOA board here.

Responsibilities of the chairman of the board of the HOA

What are the responsibilities of the chairman of the HOA in apartment buildings? Now let's talk about immediate responsibilities chairman of the board of the HOA, fortunately, he has a lot of them.

Let's look at a short and basic list of responsibilities:

First of all this person must work with all documents that come to the partnership, personally checking them and signing them.
From the above paragraph follows the obligation to conclude contracts, which relates to the maintenance of a residential building, ensuring order, carrying out repair work, and so on.
The chairman must manage personnel, supervise their activities.
Based on the fact of holding general meetings, specific decisions will be made, and it is the HOA manager must monitor their implementation.
In an HOA there are financial bodies that manage the partnership’s budget and decide how to manage it. It is the head of the HOA who must carry out control over financial activities.
The chairman must know the current legislation, as well as carefully monitor changes in the housing sector in order to convey only verified information to the members of the partnership.
Chairman exercises control monitor how timely residents pay their debts, as well as bills related to utility services.
Also, the head of the HOA is obliged to check taking action regarding recalculation(read about drawing up estimates of income and expenses in the HOA).
As you know, the partnership has a charter, which is a local regulatory act, mandatory. The chairman monitors and controls the implementation of the norms contained in the charter, as well as other documents and acts that relate to the activities of the partnership.
The chairman must ensure that how well is order maintained? in an apartment building.
In addition to the fact that the head of the HOA enters into contracts, it is he who has the responsibility to ensure that how the points of this document are observed.
Conflict situations often arise between residents. Sometimes they begin at general meetings, sometimes they arise directly in the process of life. The Chairman must make every effort to eliminate conflict situations, thereby establishing peace at home. The same applies to the situation when a conflict arises between a partnership and a certain owner.
Once a quarter, the HOA manager must provide persons with a report, which indicates the work done.

Some HOA managers neglect the above rules, in whole or in part. Therefore, you can legally demand that your manager fulfill such points.

Responsibility

What if the chairman of the HOA does not fulfill his duties? What is the responsibility of the HOA chairman? In addition to the rights and responsibilities, the head of the HOA also has there is responsibility both before residents, members of the association, and before the state.

The activities of the head of an HOA are connected with many areas, and often the head violates the law in one way or another. What does such behavior entail?

The measure of liability for such a position as the chairman of the HOA manager is provided not only in the Civil and Criminal Code, but also in the charter. Therefore, we recommend that you study the articles of association of your partnership.

Criminal

The measure of criminal liability that the activities of the head of the HOA may entail, contained in the Criminal Code.

For committing a crime such as waste of budget, which has formed a partnership to manage an apartment building, in accordance with Article 160 of the Criminal Code is a crime and penalties are imposed.

The same applies to Article 159, which is called fraud.

If the head of the HOA abuses his powers, thereby jeopardizing the management of an apartment building, then, in accordance with Article 201 of the Criminal Code, is subject to criminal liability.

There are many other possible crimes that this law regulates. normative act. However, those listed here are the most common situations that have been encountered in practice.

Material

Along with criminal liability, financial liability is also possible for the chairman.

It may be assigned for the provision of services that do not meet the declared quality, for introducing the partnership into losses that arose as a result of violation of any clause of the agreement between the chairman and the partnership.

Subject to financial liability infliction of moral damage, as well as harm caused to life and health due to the fact that services of inadequate quality were provided. The full financial responsibility of the chairman of the HOA occurs by court decision.

For debts and losses that the owner incurred due to the fact that the head of the HOA made an incorrect decision, concealment of the activities that the HOA is engaged in, the manager of the HOA is also subject to fines, which determined by the charter of the partnership.

The chairman himself is responsible for the damage he caused to his organization and must pay off his debts on his own.

As you can notice, The chairman's job is very difficult., due to the fact that there are a number of rights and obligations that are mandatory.

In addition, the responsibility of this person is so high that almost every offense he commits is punishable by either financial or criminal punishment. Therefore, pay due attention to the activities of your HOA manager.

You can find out what the chairman of the HOA is responsible for from the video:

There are different ways to manage your home. Either entrust its management to a management company (management company), or, having created a house committee, manage it directly, or cooperate and organize a community, which will be called a HOA, i.e. homeowners' association.

It is not created for profit. Similar organization is non-profit, created for servicing, as well as maintaining the general household economy.

You can find out how to create an HOA, as well as how to complain about the partnership or even leave it, on our website. Read also about the rules for conducting absentee voting in HOAs.

Activities, responsibilities, rights

What are the rights and obligations of the HOA according to the housing code? First of all, a few important notes.

Persons who own housing as property have the right to decide for themselves how their home will be managed.

This right is granted to them by law.

If citizens decide to create a partnership, it is understood that:

What is an HOA? HOA is a legal entity, i.e. organization;
she doesn't do business. The profit arising as a result of its activities is directed to the fulfillment of statutory tasks and maintenance of the house;
Please note that the HOA independently in your actions. In other words, it maintains the house on its own, or attracts outside organizations to do this;
the partnership is formed by the owners and only by them, the owners of the home;
it has its own staff, bank account, as well as a seal.

All its activities are aimed at servicing the household economy, that is, in accordance with the statutory tasks. Anything that does not correspond to the goals stated in the charter is not allowed.

The requirements of the law set out in the Housing Code (in particular in l. 13, art. 136, art. art. 44 to 46), as well as other legislative norms, for example, criminal and civil legislation must be respected.

Otherwise, the organization will be liquidated, and its management may be held accountable, and sometimes even criminally.

Operational management is carried out by the board which is headed by the chairman.

Supreme body – general meeting owners. He is in charge of issues of the existence of the organization, including its creation, liquidation, reorganization, as well as elections of the HOA board, regulatory bodies, approval of the estimate of basic income, as well as expenses, as well as contributions, their size and frequency.

The basic rights and obligations of the HOA are set out in the Housing Code (Article 137).

Guided by this legislative norm, the partnership can:

Enter into agreements with third parties, for example, with a management company contracts for the management of the property entrusted to him, on repairs, as well as the maintenance of common household facilities, the provision of services, for example, utilities, other contracts and agreements in the interests of both the organization itself and its individual members.
Determine estimates of both income and expenses for a certain period, month, quarter, year, establish a list of works and determine the costs associated with the repair and maintenance of the property of the house.
Partnership on your own determines the need for repairs, both current and major. It sets the schedule for repair work and the costs of carrying it out. For this purpose, funds are raised from the reserve fund, which is formed from specially established contributions.
Other expenses of the HOA are established in accordance with the norms of the Housing Code and the charter.
Payment amounts, as well as contributions from owners, are established on the basis of an estimate approved by the general meeting of members of the partnership. They are determined in accordance with each person's share in the common ownership of the house.
The partnership is obliged to carry out work for home owners, as well as provide services related to the maintenance of housing.
Has the right get loans from banks, under the conditions and in the manner prescribed by law.
Transfer, in one way or another, material as well as monetary funds to persons with whom an agreement has been concluded for the provision of services or the performance of work for the HOA related to the maintenance of common property.
Sell, rent, transfer, for example, for temporary use, as well as exchange property that belongs to the partnership.

Please note that the HOA may provide part of the common property for the use of third parties. The partnership is given the right to build on, as well as rebuild, the common property.

It can receive or acquire land. More details in this place. Such an acquisition is made for the construction of housing and other outbuildings.

The plots become the common property of the HOA members in proportion to their share in the common property.

Actions of the management of the partnership are carried out only in the interests of HOA members and only if they do not violate their rights.

If one of the owners of premises in an apartment building in which the HOA is registered does not pay the fees approved by the general meeting, The HOA has the right to recover them in court, as well as all losses incurred by the partnership associated with failure to fulfill obligations to pay mandatory payments and contributions.

Continuing the conversation about duties of the partnership Note that these include:

Maintaining the house in proper technical and sanitary condition.
Control over the fulfillment by homeowners of their responsibilities to maintain the property in order and repair it.
Respect for the rights of homeowners and their legitimate interests.
Compliance with the conditions, as well as the procedure for using, disposing and owning the property of the house.
The HOA is obliged to represent the interests of its members and other residents and protect them.
Stop or prevent any actions aimed at violating the property rights of residents and their implementation.

In accordance with Article 135 of the Housing Code, a HOA is created for the joint management of an apartment building and adjacent areas by homeowners.

This is where it follows main goals of its activities. These include:

Joint management of common property and its exploitation.
Ownership of common property.
Use of common real estate.
Disposal of property owned by the HOA (within the limits established by law).

Naturally, activities include all work related to maintaining the house in order.

Commercial activities are not permitted directly to the partnership. But it is not prohibited either.

Any activity, including profit-making (commercial), of the HOA must be aimed at fulfilling the statutory tasks, i.e. maintaining and maintaining the house.

It should be noted that the law does not specifically say about commerce in HOAs. However, Part 2 of the Housing Code contains a list of works (closed) that the partnership can engage in (Article 152).

Housing Code of the Russian Federation Article 152. Economic activities of the homeowners’ association

To achieve the goals provided for by the charter, the homeowners association has the right to engage in economic activities.
A homeowners association may engage in the following types economic activity:
- maintenance, operation and repair of real estate in an apartment building;
- construction of additional premises and common property in an apartment building;
- leasing, renting part of the common property in an apartment building.
Based on the decision of the general meeting of members of the homeowners’ association, income from the economic activities of the association is used to pay general expenses or is sent to special funds spent for the purposes provided for by the charter of the association. Additional income may be directed to other purposes of the activities of the homeowners association, provided for by this chapter and the charter of the association.

Let's list:

construction of additional common property facilities;
leasing or leasing part of it.

We have already said above that all actions of the partnership should be aimed only at fulfilling its statutory goals and objectives, i.e. maintenance and maintenance of the house.

If this requirement is met, then It is also possible to carry out such activities in the HOA as entrepreneurial. In this case, the organization can carry out the following actions provided for by the Civil Code in Part 1, Federal Law No. 7 of January 12, 1996 “On Non-Profit Organizations”:

production of goods, provision of services;
operations with securities, acquisition and sale;
property transactions, in particular, the acquisition of rights, both property and non-property, and their implementation;
participation in (economic) communities as a contributor, shareholder;
in accordance with Article 137 of the Housing Code, clause 4, the HOA can provide services to homeowners. Both for a fee and without it.

In addition, income can also be generated from other income (Article 151 of the Housing Code, part 2). And which ones are at the discretion of the HOA.

Housing Code of the Russian Federation Article 151. Funds and property of the homeowners’ association

A homeowners' association may own movable property, as well as real estate located inside or outside an apartment building.
Homeowners' association funds consist of:
- mandatory payments, entrance and other contributions of members of the partnership;
- income from the economic activities of the partnership aimed at achieving the goals, objectives and fulfillment of the obligations of the partnership;
- subsidies to ensure the operation of common property in an apartment building, carrying out current and major repairs, providing individual species utilities and other subsidies;
- other income.
Based on the decision of the general meeting of members of the homeowners’ association, special funds may be formed in the association and spent on the purposes provided for in the charter. The procedure for the formation of special funds is determined by the general meeting of members of the partnership.
The board of a homeowners association has the right to dispose of the funds of the association located in a bank account in accordance with financial plan partnership.

Peculiarities

Now about the specifics of exercising the rights of the HOA. Let's start with paperwork. But let’s touch on only one issue, namely:

Certificates for the debtor

Does the HOA have the right not to issue certificates if there is a debt?

In relation to organizations created with the participation of the state or local government, these actions will be considered as violation of citizen's rights.

The perpetrators are brought to administrative responsibility (Administrative Code, Article 19.1).

But in our case, we must take into account that the preparation of documents, in particular, certificates must be stipulated in the charter or, for example, in a contract member, tenant of the house with the partnership, since it is not an organization created by the local government.

Code of the Russian Federation on administrative offenses Article 19.1. Arbitrariness Arbitrariness, that is, unauthorized, contrary to the established federal law or other regulatory legal act orderly exercise of one's actual or perceived right, without causing significant harm to citizens or legal entities, with the exception of cases provided for in Article 14.9.1 of this Code, -

entails a warning or the imposition of an administrative fine on citizens in the amount of one hundred to three hundred rubles; for officials - from three hundred to five hundred rubles.

If such a rule is not stated anywhere (neither in the charter, nor in the contract), then the debtor may be refused to issue a certificate until the debt is repaid (at least partially).

Does the HOA have the right to inspect the apartment?

According to current legislation, no. However in agreement with the owner of the home at an agreed time, a representative of the partnership can inspect engineering equipment, for example, risers, the sanitary condition of communications.

Admission granted and during repair work, also in agreement with the owner. And when eliminating an emergency, for example when an apartment is flooded, at any time. In addition, resource meters are checked in the same way and readings are taken from them (at least once every six months).

The owner, for his part, is obliged to provide representatives of the partnership with access to the equipment being inspected.

The apartment itself, for example, to establish the fact of illegal redevelopment, cannot be inspected.

(Government of the Russian Federation Resolution No. 307 of May 23, 2006)

Penalty

Does the HOA have the right to charge penalties?

The law obliges all citizens, as well as organizations, to promptly pay taxes established by the state, pay for utilities and other prescribed payments (in our case, Articles 153, 154, 155 of the Housing Code). HOA is no exception.

On the one hand, it is a representative of residents (homeowners) and is obliged to make payments on time with all service and energy suppliers.

On the other hand, citizens living in the house receive services not directly from suppliers, but indirectly from the partnership. It accumulates all payments in its accounts and then makes settlements with suppliers.

In other words, it is the HOA that is the provider of resources and services for all residents. Therefore, on the basis of Art. 155 parts 14 LCD it has the right to collect penalties for late payment.

Agreements with owners

Is the HOA required to enter into an agreement with the owners? The requirement is mandatory.

The management of the partnership and homeowners, primarily those who are not members of the HOA, are obliged to do this (conclusion of an agreement) by the Housing Code in Article 155 in its first and second articles.

Does the HOA have the right to post lists of debtors?

Although this is not entirely ethical, and not always legal, a similar practice operates throughout the country. If the full personal data of the debtor is provided, for example, last name, first name, patronymic, etc. then there is a violation of the law.

If only the apartment number and the amount of debt are given, then the law has not been violated in this case. Which, by the way, is what representatives of both the management company and the HOA use.

Responsibilities of the HOA

We have already discussed the responsibilities of the HOA to its residents above. In this section we will only add to the above. The responsibilities of the homeowners association board include:

Comply with the requirements of current legislation.
Manage the house in accordance with the procedure defined in the Housing Code, section 4.
The register of HOA members is maintained in accordance with the requirements of the law, a copy of which is sent to government agencies. Who exactly is indicated in Article 20, Part 2 of the Housing Code.
Organs executive power are informed about all changes made to the statutory documents within 3 months (Article 20, Part 2 of the Housing Code). All copies of changes made are certified by the chairman and secretary of the general meeting.

Responsibility

What is the HOA's liability for failure to fulfill its duties?

As such, the responsibility of the HOA is not reflected in the LCD. But, a partnership is a legal entity.

And, therefore, like any organization, as well as its leaders, bears responsibility for his actions, failure to fulfill his obligations before members of the partnership, third-party organizations and individuals, the state, in accordance with the norms of current legislation, even criminal.

Authority

The powers of the HOA include:

The right to represent homeowners.
Conclude on their behalf agreements for the provision of services and with resource providers.
Choose organizations to service your home, for example, management company.
Other powers provided by the charter and the Housing Code.

In conclusion, I would like to note that an HOA is a more advanced form of house management compared to a management company or house management.

Unlike the above organizations, the partnership manages his own funds and independently in carrying out business activities, therefore it is able to resolve issues facing the HOA quickly, flexibly and at lower costs.

Real estate
Housing law

Hello. Tell me please. Does the chairman of the HOA have the right to enter an apartment without the consent of the homeowner and demand space from the residents of this apartment? Thank you in advance

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Victoria Dymova

Support employee Pravoved.ru

Similar questions have already been addressed, try looking here:

Does the chairman of the HOA have the right to add the line “Roof repair” to the rent receipt?
Does the chairman of the HOA have the right not to accept an application from a member of the cooperative?

Ask a question to the site’s lawyers.

Today, May 21, 2018, we answered 498 questions. Average response time is 14 minutes.

Lawyers' answers (1)

Soboleva Natalya
Lawyer, Chelyabinsk

The chairman of the HOA has no right to enter (penetrate) the apartment without the consent of the owner of the residential premises. At the same time, the chairman of the HOA has the right to demand documents confirming the identity of the person living in the apartment (for the purpose of establishing the number of citizens actually living in this apartment), but in the presence of either a local inspector or with the participation of a representative of the resource supply organization

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What is a HOA

First of all, it must be said that HOA is an abbreviation that stands for homeowners' partnership. Most of the residents of apartment buildings are apartment owners. Everyone has apartment buildings There must be organizations to manage house property. If neither the housing office nor the management company are satisfied with the residents, the apartment owners convene a general meeting at which they put to a vote the decision to create an association. And after the majority of positive results, an HOA is organized.

It can be created in one MKD or between several residential buildings. Apartment owners who create an organization must write an application for acceptance, on the basis of which they will be included in its membership.

Most apartment owners consider this form of management of residential buildings the best option, which guarantees upholding the rights of apartment owners in particular before public utilities And government agencies, for example, regarding repair work.

This is a governing body whose purpose is to preserve, maintain in proper shape, protect and improve common property. In addition, the partnership and its board are a lever of influence over utilities and contractors who carry out a number of tasks assigned to them. This is a non-profit organization and does not pursue commercial gain.

An association of real estate owners is created by individuals, but the organization is a legal entity. The partnership has its own current account, and the members of the board and the chairman must be registered with the ERGUL. An HOA, being a legal entity, must be registered with the fiscal service.

Purposes of creation

The goals of a joint association of homeowners in an apartment building are:

shared leadership and direction;
receiving income and distributing it to solve maintenance problems and;
maintaining the house in good condition: both sanitary and technical.

The organization has the right to rent or lease part of the common property for the purpose. Receiving additional income, which will be used to solve certain problems of the partnership.

The homeowners association coordinates activities aimed at managing the houses under its control, as non-profit organization. Therefore, it strives not to obtain maximum profit, but to distribute income for the needs of the partnership. But the association is not obliged to cover losses that may arise through additional contributions by homeowners.

Consolidation is a way to avoid the conditions imposed by the management company on the maintenance of the house. For example, choose your own contractors and service providers favorable conditions for residents, not the management company. Utility companies and other companies, in turn, service the house on the basis of an agreement concluded with the HOA.

If members or simply residents of a building are dissatisfied with the actions of the association, they have every right to make complaints and put the issue to a vote. So it's the main objective and the function is to organize the proper management and management of the operation of the housing stock entrusted to him.

According to 136 articleHousing complex of the Russian Federation, in one apartment building, owners can create one HOA. The creation of a partnership is also possible between several closely located apartment buildings or those that have common land plots or infrastructure elements. A partnership can also be created at the stage of building a house ( Art. 139 LCD).

The decision on whether or not to join an HOA is made by the apartment owners; no one can force them to do so. It is not necessary that all residents of the house must be members of the partnership. The creation of a partnership is possible if 50% of the residents are present at the general meeting on the issue of its organization, and the same number of those present must vote positively.

Homeowners association functions

Often, before creating an association of real estate owners, its future members and other residents of the house have a question: what does the organization do, what functions are assigned to it. Rights and responsibilities are determined Article 135 of the Housing Code of the Russian Federation, and charter organizations. The main responsibilities of a homeowners association are:

control the activities of companies providing services to apartment owners: public utilities, enterprises and firms that provide domestic services, such as , and others;
resolve issues regarding when and who carries out repairs;
monitor compliance with the rules for the operation of the house and its maintenance;
ensure the completion of work on the improvement of the house and local area according to the plan approved for the year;
provide the required services to apartment owners and carry them out;
ensure proper sanitary condition of common property (timely garbage removal, cleanliness of sites, in particular near garbage chutes, and so on);
, children's playgrounds for residents of the house (the point must be specified in the charter);
performance additional functions prescribed in the charter approved at the general meeting.

The HOA, as a representative of the interests of residents of apartment buildings, is obliged to defend the interests of the building and the rights of residents in particular before public utilities and government agencies. Most often, problems arise with repairs, both current and major. Members of the board and the chairman of the partnership in particular will have to deal more than once with the reluctance of utility companies to fulfill their obligations on time.

According to the law, being a legal entity, it has the right, on its own behalf, to enter into agreements with those providing utility services for the maintenance of an apartment building and others that home owners deem necessary. Another obligation of the association participants is to draw up and approve estimates for the subsequent period.

The responsibilities of HOA members include maintaining order in the house, cleanliness and safety of common property, in particular technical equipment, structures on the land plot adjacent to the apartment building, and so on. Thus, everything that an association of residential property owners does is aimed at improving or at least maintaining decent living conditions of a house or several apartment buildings under its management.

Procedure for reporting to residents

According to the law, the homeowners' association, namely the board members and its head, are required to regularly report to residents. Moreover, the regular reporting procedure is established by the charter. In addition, a report on the flow of funds, payments, expenses, income received or work done by the HOA must be provided upon the first request of the members of the association.

However, no piece of legislation has established a clear reporting format for either the board or the chairman. Based on this, the procedure for reporting to residents should be clearly stated in the charter of the partnership. Because it is the main document according to which members of the board and the head of the HOA must act.

Each of the residents who is a member of the partnership must familiarize themselves with the charter of the partnership. It describes the procedure for how, when and in what form it is obliged to report to apartment owners.

Charter

As already mentioned, the charter of the partnership is the main legal document regulating the rights, functions, responsibilities of its members, board and chairman. It is filed as a constituent document for registering a partnership as legal entity. At the first general meeting of the members of the partnership, the charter must be approved and signed by the chairman.

approved by all apartment owners;
must be numbered and signed by the chairman;
Owner signatures are not required.

A copy of the certified articles of association must be certified by a notary. After which the HOA is registered on its basis in the federal tax service for further taxation of the homeowners association.

The charter itself contains:

addresses of buildings included in the HOA;
place and date of compilation;
the purpose for which the partnership was created;
rights and obligations of its members.

If it is necessary to amend an existing charter, it is necessary to hold a general meeting and change the content of the document based on the minutes of the event.

Founders

Each of the residents of the house who supported the creation of the partnership is the founder of the HOA. But since there are many participants in the partnership and, accordingly, apartment owners, the application and documentation submitted for registration of the partnership indicate that the founders of the HOA are members of its board.

They act as the face of the partnership, its managing part, which, like the other members, is interested in the proper maintenance of the house and the proper quality of the services provided. If any of the members of the partnership wants to leave the founders of the HOA, he must write a corresponding application. In this case, the consent of the other residents is not required.

The founder can be anyone individual living in the house and being the owner of the living space in it. Mentioning the founders when registering an HOA as a legal entity is a formality. Members of the board and the chairman are registered with the ERGUL. If changes occur in the composition of the board, the fiscal service must be notified about this in order to make appropriate amendments.

Register of HOA members

The register of members of the homeowners' association must contain data that can be used to understand who exactly is the member of the HOA. Also, the information reflected in it will allow you, if necessary, to contact any of the participants in the partnership. The list of HOA members reflects information about the size of the share of common property owned by each of them.

The standard register form contains the following information:

name of the homeowners association;
legal address of the HOA;
TIN data;
creation date;
list of houses included in the partnership.

It must be signed by the chairman of the HOA indicating his contact phone number.

Responsibility

The operating rules, functions, powers and responsibilities of the owners' association are written down in housing law and regulated by the legislation of the Russian Federation. A board is elected from among the HOA participants, which includes several people. And also the head of the partnership is the chairman, who is responsible for the actions of the association.

So, the head of the HOA is responsible for the following actions:

personnel selection;
submission of reports to the tax office;
maintaining and storing partnership records;
conclusion of contracts.

Members of the HOA board are responsible for the implementation of agreements concluded with contractors and other services, including utilities, as well as to partners and residents of the house.

The liability of the partnership also includes the following obligations:

use of areas that are in common shared ownership of all residents;
maintaining and maintaining order in common areas;
carrying out repair work;
disposal of the common property of the partnership.

HOA members must ensure timely and high-quality supply of resources and utilities.

Decision making in a partnership

All decisions are made jointly based on the voting results of homeowners held at the general meeting. The creation of a HOA begins with such a meeting, at which 50% of the owners of apartments in a building or several apartment buildings must declare their desire to organize a partnership. The meeting can be held either in person or in absentia by written voting.

At such meetings, decisions are made on how to use free space, for example, they agree on the procedure, rights and other clauses of the charter, and resolve current issues, for example, on repairs. Also, it is the meeting of residents that decides the fate of the current chairman and the need to replace him.

To conduct voting at HOA meetings, it is necessary to inform the residents of the building in advance about its date, time and location. At the event, decisions can be made exclusively on those issues that, according to the legislation of the Russian Federation, are within the competence of the partnership. It is necessary to prepare an agenda in advance, which reflects all the items necessary for discussion and decision-making.

All decisions made at the meeting are entered into the document, which is maintained throughout the entire event and at the end of it is certified by the signature of the initiator or chairman. A majority vote is required to make any decision. Residents who were not present at the meeting must be notified within 10 days of the results of the meeting.

Pros and cons of HOAs

A homeowners' association gives apartment owners the right to decide for themselves what the rules for managing the house and common property are, who will become the utility provider, and so on. But the ability to make decisions independently can be both an advantage and a disadvantage.

Among the undeniable advantages of such a form of house management as an HOA, the following should be highlighted:

management of common property in the house in order to obtain additional funds for improvement, maintenance and repair of apartment buildings and: rent, advertising;
quick resolution of emerging issues at general meetings by voting;
financial transparency: at any time, each of the residents and members of the association has the right to become familiar with the movement of money and the expenditure of funds;
you need to pay only for truly necessary services, and not those that are imposed Management Company or contributes to the payment by default, therefore, this will significantly reduce utility bills;
independent selection of contractors.

When creating an HOA, responsibility for the safety of common property falls on each resident, as well as for the results of the decisions they make regarding the arrangement and maintenance of a residential building. One of the important ones is the possibility of reducing the size of utility bills. A competent manager can significantly reduce rent by making a profit for the partnership, for example, by providing non-residential space for rent.

Homeowners' associations also have their disadvantages. In every association there is a group of activists, but no one can guarantee that these are literate and competent people. Excessive initiative and inability to understand the issue that has arisen and to conduct business properly.

The partnership is quite small equity, with the help of which it is difficult to pay off debts. And this can become a significant problem for the HOA, when it will have to urgently pay the contractors. In addition, performing some one-time work for an association may be more expensive than for the same management company, because many companies have minimal interest in single orders.

Long-standing public service problems have created a need for homeowners to choose effective way management of an apartment building. In connection with this legislation, one of the possible options has been introduced - HOA.

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This administrative form is organized by residents on a voluntary basis for independent management of common property. Therefore, they themselves are responsible for the condition of the building, its interior and surrounding area.

About the partnership

The competence of the general meeting to select the executive body (board) and control over it is stated in the norms.

Based on Art. 30 of the Constitution of the Russian Federation and the partnership is formed on a voluntary basis. The basis for membership is the application of the owner of the premises in the house.

Responsibilities of the HOA

The HOA is obliged to ensure compliance with the requirements of legislation, regulations and charter. For failure to fulfill the obligations specified by the Housing Code of the Russian Federation and, the partnership is liable.

In front of the residents

The range of responsibilities of the HOA to residents and owners of premises in an apartment building is wide:

control over the work of service companies performing household service(for example, snow removal, garbage removal);
resolving issues related to the repair and operation of the building, cleaning the yard and adjacent areas (playgrounds, paths, recreation areas);
ensuring the implementation of various planned works;
control over companies and their employees, ensuring order and cleanliness of entrances, staircases, and apartment hallways;
ensuring proper technical and sanitary condition of the common property of residents;
concluding contracts for the maintenance and repair of common property of the house with owners of premises not participating in the HOA;
ensuring that all apartment owners fulfill their obligations for the maintenance and repair of the building in accordance with their shares in the right of common ownership of the common property of the house;
ensuring compliance with the interests and rights of the owners of the premises when determining the conditions and procedure for ownership, disposal and operation of common property;
taking measures to prevent and stop the actions of persons who interfere with the exercise of the rights of homeowners;
representing the interests of the owners of premises in the serviced building;
otherwise provided for by the HOA charter.

Rights

To properly fulfill its duties, the HOA is endowed with a number of rights enshrined in Article 137 of the RF Housing Code:

concluding contracts with management and service companies for building maintenance and provision of utilities;
independently performing work for residents (for example, hiring clearing personnel, organizing garbage collection);
conducting calculations of income and expenses, determining the required amount of financing for current repairs in the house, paying for the work of contractors, forming a reserve;
settlements with companies providing services to the partnership;
use of credit funds in the manner prescribed by law;
sale, rental, exchange of property, including real estate (for example, rental of office or retail space in a building);
making rent payments based on estimates;
charging property owners and tenants for utilities;
taking measures against rent or lease debtors as permitted by law.

The entire list of powers of the partnership is contained in its charter. For example, it may include the right to refurbish premises or improve adjacent areas (organization of parking spaces, etc.).
The powers provided for in the charter cannot contradict Russian legislation. They can only supplement the rights established by the Housing Code of the Russian Federation regarding specific cases.

Most of the rights of the board of the partnership are exercised independently, for example, rent is calculated and funds are distributed among accounts. This activity is called the ongoing work of the HOA. To control the legality of her work, a special commission is appointed from several citizens who are not members of the partnership.

Responsibility for failure to fulfill duties

Neither housing nor civil legislation establishes specific responsibility for HOA members for their work or failure to perform it.

However, this does not mean that they are not controlled in any way and cannot be punished for committing offenses. Typically sanctions are provided for in the statute.

HOA members bear general civil liability for the following violations:

negligence (for example, residents were not notified in advance by a board member of an upcoming meeting);
fraud (for example, forgery of documentation about meter readings);
misappropriation or embezzlement (illegal use of reserve fund funds);
deception or misleading of the residents of the house, members of the partnership;
forgery;
abuse of authority (for example, entering the premises without the owner’s permission).

In this case, you can submit

When faced with the issues of organizing and functioning of a homeowners' association for the first time, you can get confused: there is too much information, and it is not always easy to separate the essential from the unimportant. Especially many questions arise for the HOA board: how to elect a chairman, who can become him, what are his powers and limits of responsibility, how to check his activities and where to complain if the chairman’s work does not suit the residents.

The HOA board, what it is responsible for and what powers it has

The HOA board is an executive body reporting to the general meeting of members of the partnership. His the main task- resolving various issues that arise during the work of the partnership, except for those that are legally referred to the scope of the general meeting of apartment owners and/or members of the partnership.

Thus, the board does not have the authority to amend the charter or approve it new edition, reorganize or liquidate the HOA, elect its members, set the amount of fees and other payments that are mandatory, etc.

Relatively speaking, the board is created to support the routine activities of the partnership, while the resolution of key, fundamental issues is entrusted to the general meeting of the partnership members and apartment owners.

In some cases, HOA participants independently determine whose competence a particular issue will fall within. For example, the board, by default, has the right to independently elect a chairman, but the charter may reserve this right for the general meeting of HOA members.

The board consists only of those persons who have membership in the HOA. The Code does not establish the minimum term for which they can be elected, but limits the maximum tenure on the board to no more than two years.

The responsibilities of the board include fulfilling the following requirements:

monitor the HOA for compliance with legal requirements;
facilitate timely payment of membership fees;
manage an apartment building, including hiring and firing employees, entering into various agreements for the maintenance, operation and repair of common property, etc.;
maintain all documentation of the HOA, starting with the register of members of the partnership and ending with accounting;
convene, organize and conduct general meetings, etc.

Manager of the HOA and Chairman of the Board of the HOA for residential complexes in the Russian Federation

The chairman of the board is one of the management bodies of the HOA. But in practice, it often turns out that neither the chairman nor the other members of the board have enough time or qualifications to promptly resolve all emerging issues on the permanent basis. In such cases, it is possible to transfer some or all powers and administrative functions to a third party - the HOA manager.

The question of what powers to give to the manager is determined directly by the board. Thus, you can leave the right to manage the funds of the partnership to the chairman and board, and transfer exclusively administrative and economic functions to the manager.

There are two ways to formalize the activities of a manager:

having drawn up an employment contract;
by concluding a civil law agreement (i.e., an agreement for the provision of paid services).

The HOA manager does not replace either the board or the chairman. Its main task is to provide effective work partnership in compliance with the law and the interests of the partnership itself.

The manager acts on the basis of a power of attorney, which is issued to him by the chairman, while the latter represents the interests of the HOA to third parties without a power of attorney.

Rights of HOA board members

The Housing Code vests board members with a variety of powers, but their specific list is not reflected in it. Article 147 of the code gives the board the right to make decisions on any issues, except those that fall within the competence of general meetings.

The board also has the right to carry out those actions that arise from the duties assigned to it. Thus, the obligation to monitor the timeliness of residents making mandatory contributions and payments gives the right to demand that residents fulfill their financial obligations.

Having read the Housing Code with the list of what the HOA is responsible for, it will become obvious that the partnership has the right to:

hire and fire workers to maintain the home;
require residents to fulfill financial obligations;
enter into agreements for the maintenance, operation and repair of common property;
draw up estimates, financial reports, maintain accounting, office work, register of HOA members;
convene, organize and conduct general meetings, etc.

Job responsibilities and rights of the chairman of the HOA, job description

The rights and duties of the chairman of the HOA are secured by the charter of the partnership, which is adopted and approved at the general meeting of the HOA members. They are also reflected in the job description, which is approved at the meeting of the board itself.

Instructions may differ in content, but each of them contains standard points:

General provisions. This section reflects legal status chairman of the board, the procedure for his election and removal, terms of work and principles that should guide him in his work.
Rights of the chairman of the HOA. This paragraph reveals the competence of the chairman of the board (representing the interests of the partnership without a power of attorney, issuing orders, disposing of property and funds, concluding contracts, carrying out financial transactions, hiring and firing personnel, etc.). Also in this section you can regulate and work schedule chairman.
Responsibilities of the Chairman. Here, in fact, all the functions that are assigned to the chairman are listed.

They are initially stated in the charter of the partnership, and job description duplicates them, revealing some of them in more detail:

organizing the activities of the board and the partnership as a whole;
control for utility bills and timely provision of utilities and other services to homeowners;
organization of landscaping works;
monitoring the condition of technical premises, equipment and mechanisms;
administrative office work, control over the activities of the chief accountant, maintaining all types of reporting;
receiving homeowners on various issues;
holding meetings and meetings of the board, etc.

Responsibility. This section sets out what exactly the chairman is responsible for. Most often, this is improper record keeping in the partnership, including accounting and storage of documents, gross errors when concluding contracts, inaction in a situation where it is necessary to make decisions regarding the maintenance, operation and/or safety of property, etc.
Final provisions. The last section traditionally specifies the procedure for resolving disputes and conflicts. If the procedure for removal from office was not disclosed in the previous paragraphs, then it can also be included in this section.

The instructions must comply with the charter of the partnership and not violate the requirements of current legislation. Read more about her: . ⇐

Rights and obligations of residents to the HOA

An HOA is created to represent and protect the common interests of property owners and, accordingly, the rights and responsibilities of the association are correlated with certain rights and responsibilities of residents.

All homeowners in an apartment building are given equal rights regarding their property and can sell it, donate it, or dispose of it in any other way at any time.

Membership in the HOA is also based on the principles of equality and voluntariness. Residents are under no obligation to join the association; reluctance to become a member does not entail any negative consequences for the owner.

Persons who have not entered into a partnership have a number of rights common to members of the HOA. This is an opportunity to get acquainted with some documents (charter, financial statements) and make complaints about the work of the partnership. However, owners can influence the resolution of issues related to the work of the partnership only through general meetings on a limited range of issues.

Non-membership owners of residential premises do not pay membership fees to the HOA, but are required to participate in the costs of maintaining and repairing common property.

This obligation is enshrined in the Housing Code, which also gives the HOA the right to demand that owners who shirk their duties compensate for all losses caused by going to court.

Responsibility of the chairman of the HOA

Like any official, the chairman of a homeowners association is responsible for his activities, including criminal ones. The responsibilities of the chairman of the HOA include strict compliance with the requirements of the law, and any deviation from this may result in both removal from office and prosecution.

It is recommended that the procedure for holding the chairman accountable should be spelled out in detail in the charter of the partnership, since it is not fixed at the legislative level. However, in general cases, criminal and administrative laws must be followed (for example, when committing crimes such as fraud, abuse of authority, embezzlement, negligence, criminal omission, abuse of authority, etc.).

Due to the fact that the activities of the chairman are related to the management of impressive sums of money, he bears full personal financial responsibility for the safety of common property, material assets located in the office of the board), and funds. The chairman is also responsible for the correctness of settlements with partners under various contracts, the expenditure of target and reserve funds, the distribution of the salary fund, etc.

Liability of the chairman for damage caused ineffective management, is not provided for by law, but this does not eliminate the burden of responsibility for inaction in a specific situation.

Who can be the chairman of the HOA

The position of chairman of the board of an HOA can only be held by the person who owns the property belonging to the partnership by right of ownership. This rule is enshrined in Art. 161 of the Housing Code. The law does not impose such requirements on the manager.

The law does not provide for the case when the chairman of the HOA is not the owner of the housing in the house whose residents created the partnership.

Can an owner be the chairman of an HOA if he is not a member of the partnership?

According to the Housing Code, only persons included in the HOA can apply for the position of chairman.

As for any special knowledge and education, the law does not impose any requirements for this. However, it is obvious that a person with sufficiently deep knowledge in the field of housing and civil law will cope better with his responsibilities while in this position.

Is the chairman of the HOA an official?

The main task of the chairman as an official is to protect the interests of homeowners before third parties and in any instances, both administrative and judicial.

Election of the chairman of the HOA, term of office

As already mentioned, before becoming a chairman, or rather, offering his candidacy, the owner must become a participant in the partnership by submitting an appropriate application. After registration of membership, an interested person can nominate his candidacy for voting by the board or general meeting, depending on who has the right to make such a choice in the charter.

Election is carried out by a simple majority of votes from those present at the meeting (session). Each of those who voted has only one vote, regardless of whether he is a member of the board or a simple member of the HOA.

A person who is:

a party to the agreement on the management of an apartment building, which is concluded between himself and the partnership;
an employee of the management bodies of the organization with which the HOA is in the above-mentioned contractual relationship;
member of the HOA audit commission.

According to the Housing Code, the term of office of the chairman is no more than two years; the minimum period of being at the head of the partnership is not limited. Whatever term the chairman is elected for, after its expiration he leaves his post or nominates his candidacy for a new vote.

Relations between the chairman and the partnership are regulated by labor legislation and formalized by an appropriate agreement.

Civil contract with the HOA manager.

Concluding a civil contract is one way to involve the HOA manager in the work. Such relationships are not subject to labor legislation, and, therefore, all the guarantees provided for by the Labor Code do not apply.

A civil contract with a manager, the procedure for concluding, terminating or amending it is regulated Civil Code Russia.

The scope of the manager’s powers, rights and obligations, the amount of remuneration and other details are determined by the parties independently in accordance with the principle of freedom of contract. For such an agreement, you can take a standard agreement on the provision of services for a fee, since the management of a legal entity is the provision of services for a certain fee.

The existence of a contract does not yet give the manager the right to begin work. The agreement governs only the relationship between the HOA and the manager, and for the manager’s interaction with third parties, a power of attorney is required, which sets out the entire scope of authority.

Can a relative of the chairman be an accountant of an HOA?

Currently, there is a ban on the joint work of relatives, one of whom is subordinate to the other, in labor legislation No.

Can a relative of the chairman be an accountant? Yes maybe. The chairman, elected by the general meeting or a meeting of the board, has the right to appoint any specialist, including his spouse, to the position of chief accountant, or to independently maintain the accounting records of the partnership.

Such a ban existed in the USSR in relation to civil servants and is now proposed to be introduced for persons holding government positions. However, the HOA government organization is not, and this restriction will not apply to the activities of the partnership even if it comes into force.

Where to complain if the chairman of the HOA does not fulfill his duties

It rarely happens that absolutely all residents of a building are satisfied with the work of the HOA. But sometimes the situation develops in such a way that the indignation of apartment owners has real reasons: the chairman of the board does not perform the functions assigned to him, does not provide information for review financial documents, does not organize timely repairs of general equipment, utility services are provided intermittently, etc.

To resolve the conflict that has arisen, it is first of all better to contact the HOA board with a corresponding complaint. Before filing a complaint, it is recommended to find out the opinion of the other residents on the circumstances stated in it. The more dissatisfied owners sign it, the higher the likelihood that the management of the partnership will have to respond to public opinion. The complaint is submitted in two copies, one of which with a mark of acceptance remains with the applicant.

Legitimate ways to express your dissatisfaction

The HOA has no right to refuse to accept such a complaint, because Art. 143.1 of the Housing Code of the Russian Federation directly establishes the right of both HOA members and simply apartment owners to make demands on the HOA regarding the quality of its work and to get acquainted with the documentation of the partnership. However, if the management of the partnership avoids receiving the complaint in every possible way, it can be sent with a valuable letter with a description of the attachment.

It is advisable to mention in the complaint that in case of refusal, the applicant is ready to file a lawsuit, which will confirm the seriousness of his intentions.

If an appeal to the board does not bring results, residents can file a complaint with the following authorities:

Rospotrebnadzor. This organization exercises control in the field of consumer rights protection, and, consequently, over the activities of the HOA as a provider of certain services and performer of work.
Housing inspection. This body exercises control over compliance with the requirements of housing legislation, c. including the technical condition of the house, equipment and communications. The inspectorate has the right to check the activities of the partnership, and, if the HOA does not fulfill its duties, begin an investigation.
Court. Filing a claim with the judicial authorities is advisable in cases where the first two authorities were unable or unwilling to help.
Prosecutor's office. You can contact the prosecutor with a complaint at any stage of the conflict with the head of the HOA. The official will consider the complaint and order a prosecutor's investigation based on the arguments set out in it or respond to it in another way.

Wherever the applicant applies, the complaint must be accompanied by documents confirming the residents’ attempt to resolve the conflict peacefully, without involving higher authorities.

These can be copies of applications with an acceptance mark, notices of delivery of letters, postal inventories, etc. The more evidence there is that the chairman of the HOA is not fulfilling his duties and does not want to change anything in the current situation, the greater the chances of attracting bring him to deserved responsibility and remove him from office.

Can the chairman of the HOA turn off the electricity to the debtor?

According to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, the partnership may enter into an agreement with homeowners on the provision of utility services. This gives the partnership the status of a executor, i.e. a legal entity providing utility services to the consumer.

Clause 32 of the same rules gives the contractor the right to suspend or limit, in accordance with the established procedure, the supply to the consumer utility resources if there are grounds for it. Can an HOA, having this status, stop supplying electricity to any of its residents and on what grounds?

The presence of payment debts is precisely one of the reasons for power outages. Debt means non-payment of a specific public services(in this case it is electricity) exceeding the amount of two monthly payments.

Having identified such a debt, the HOA takes the following steps:

Warns the tenant about the possibility of restriction and then disconnection from the utility service in case of non-payment of the debt within 20 days from the date of receipt of the notice.
If the debt is still not repaid, the contractor has the right to take measures to limit the amount of energy supplied. If it is technically impossible to establish such a limitation, it is permissible to interrupt the supply of electricity.
If, after ten days from the date of introduction of the restriction, the debt remains, the executor may turn off the debtor’s electricity.

In cases where the consumer pays for services directly to the supplier, without the participation of the HOA, the partnership does not have the right to limit or terminate energy supply, regardless of the amount of debt incurred.

How to remove the chairman of an HOA

In practice, it may happen that the head of the HOA does not act according to the law, is inactive, or simply cheats. In such cases, it is permissible to remove the chairman from office before the expiration of the term for which he was elected.

The procedure for removal from office must be enshrined in the charter of the partnership and most often comes down to the following sequence of actions:

All members of the partnership are notified (best by registered letters) on convening a meeting of owners.
A general meeting of apartment owners is held. The condition for the legitimacy of such a meeting is the attendance of more than half of all apartment owners in the building (or several buildings included in this HOA).
The corresponding agenda is introduced - the re-election of the chairman of the partnership. Voting can be secret or open. In any case, it is necessary to prepare voting papers with candidates who must be proposed in advance. A simple majority of votes of the participants of this meeting is sufficient for election.
Entering the voting results into the protocol.
Sending a copy of the minutes of the meeting to interested institutions, such as the housing inspectorate, tax office etc.

The main thing in the matter of removing the chairman is to gather the required number of residents.

But it is worth remembering that absentee voting is also possible; housing legislation provides for this: the initiative group that put forward a proposal for the re-election of the head of the partnership produces and prints voting ballots, after which it visits all the owners and collects signatures.

HOA without a chairman

The law did not provide for the possibility of a HOA functioning without a chairman; such a figure should exist in any case. Without a chairman, the activities of the partnership are paralyzed. Therefore, if the powers of the head have expired, but no one has nominated themselves for the post of chairman, the charter of the partnership must specify a mechanism for replacing the position of chairman.

You can draw up any scheme that does not contradict common sense. This could be, for example, the automatic nomination of one of the members of the HOA board for a new term and subsequent voting.

If no one expresses a desire to work in this position, you can choose a nominal chairman, who, in turn, will involve the manager in the work and formalize the appropriate powers with a power of attorney. If it is not possible to find a candidate even in such cases, the only option left is liquidation of the partnership.