In order to understand what kind of person this is called the chairman of the board of housing cooperatives, as well as what he does, you will need to turn to theoretical manuals and sources that one way or another regulate the procedure.
In connection with the activities performed, the head of the housing cooperative is a person who carries out his activities in accordance with vested managerial powers, and his position is elective. The chairman of the housing cooperative and the chairman of the board of the housing cooperative are one person.
At the same time, the head of the housing cooperative is elected for a certain period established by the charter, and carries out activities in accordance with the agreement.
IMPORTANT: There is a provision that regulates the activities of the chairman of the board of housing cooperatives and prescribes his main powers. If we talk about legislative sources, then Article 148 of the Housing Code prescribes the duties of the chairman of the housing cooperative, which are provided for by the charter.
What are its differences from a manager?
Very often, the position of head of housing cooperatives is confused with other positions that are no less popular and important in these organizations. So, for example, many owners and residents of an apartment building do not understand what the fundamental difference is between the manager of the housing cooperative and the chairman. Perhaps one of this position is redundant, and the owners are shelling out money for wages for these individuals completely in vain.
In fact, there are fundamentally important differences between the head of the housing cooperative and the manager.
A manager is a person who is empowered to monitor the performance of activities of housing cooperative employees, communication and communication with residents of apartment buildings, and also performs activities related to the reception of citizens.
And the chairman of the board of housing cooperatives is a person who is also involved in control functions, but he does not directly control the organizations, as well as the persons who carry out the work. Control is carried out in general and mostly nominally, on paper, in accordance with which the chairman decides whether it is necessary or, conversely, unnecessary to carry out any work.
REFERENCE: Also, the head of the housing cooperative has the right to sign all documents of the housing cooperative, be it payment papers or a work acceptance certificate, and has access to financial statements.
The manager may also be given the authority to sign papers, but this most likely relates to the plan for accepting the work carried out by the employees.
Therefore, we can conclude that the manager rather performs an executive function, replacing the head of the housing cooperative for a while, but, in general, his powers are not as broad as those of the head of the housing cooperative, and do not extend to the financial sphere of relations with residents.
Rights and obligations
It is important to pay attention to the rights and responsibilities of the manager, which are prescribed not only by the charter, but also by such an important document as the regulation on the chairman of the housing cooperative. So, First, let's talk about the responsibilities of the chairman of the housing cooperative, because there are more of them than rights.
As you can see, this person has a lot of responsibilities. Since he is entrusted with a lot of responsibility, the chairman of the housing cooperative can be said to be irreplaceable.
However, the chairman of the housing cooperative also has rights and residents must also take them into account. Let's look at them.
The range of rights is somewhat narrower than duties, but this is required by job descriptions and the charter of the organization.
How is he chosen and by whom?
Let's talk about who chooses the head of the housing cooperative, because this is very important for those who intend to join the housing cooperative in the near future. This person is selected by the owners of real estate in an apartment building, that is, members of the housing cooperative.
IMPORTANT! The appointment of the head of the housing cooperative by administrative bodies is impossible, since this is entirely the choice of the residents. At the same time, you must remember that this person is elected only from among the members of the board.
The procedure for electing the head of the housing cooperative
As we have already said, the head of the housing cooperative, the chairman, is elected from the members of the board, that is, it can be any person who owns real estate in an apartment building. Therefore, check out the candidates and only after that you can make a choice. In order to carry out such a procedure, it is necessary to convene a general meeting of residents.
At the meeting, the main competitors will present their candidates and meet the residents.
After this, the secretary of the meeting will be asked to vote for one or another candidate.
So, votes are given according to the listed candidates. The person who receives the most votes is the winner. However, you can always appeal the procedure if you feel that your rights have been violated. Remember that the head of the housing cooperative is elected for 2 years. The charter of housing cooperatives tells us this.
Documentation of the procedure for hiring a housing cooperative manager
In order to ensure that in the future the administrative authorities, as well as the Housing Inspectorate and the State Housing Supervision Authority, do not have questions about on what basis and what documents the chairman of the housing cooperative was elected, during the meeting the secretary keeps a protocol in which all the main points and incidents that took place are recorded. be at the meeting. It is in the protocol that the progress of vote counting is reflected.
ATTENTION: Thus, the entire move was recorded, which means that no one will have any questions about the basis on which the head of the housing cooperative was elected. This document must have its copies and also be available in the housing cooperative office.
Upon selection, an employment contract is concluded with the chairman of the housing cooperative. This document contains the following points.
An employment contract can be drawn up using a standard sample form, which you can find on the Internet, or you can draw it up yourself.
The document is drawn up between the owners of the property and the person who is to assume the position of chairman.
How are salaries determined and how are they paid?
There is no such thing as the salary of the chairman of the housing cooperative. The question arises - how to pay the chairman of the housing cooperative? This person does not have a fixed rate, and all because some residents may be indignant, because not everyone believes that the chairman’s work is necessary and does not delve into the nuances.
REFERENCE: The salary of the chairman of the housing cooperative is formed from a percentage of remuneration. This means that for each work carried out by the chairman, he receives a certain percentage, which is his earnings.
Once a quarter, the head of the housing cooperative is obliged to report to residents about the amount of his income for the current month.
Therefore, residents also have the right to control the income of the head of the housing cooperative, especially since it is entirely made up of the residents’ contributions.
What is the chairman's responsibility?
The chairman is a person who, in addition to rights and duties, bears responsibility.
Namely, the head of the housing cooperative is responsible for all actions that were carried out not only by himself, but also by other employees.
The responsibility of the chairman of the housing cooperative may be administrative if he violated any regulations.
Liability can also be financial. in a situation where the head of the housing cooperative spoiled something, or in some other way influenced the fact that the residents and the apartment building as a whole suffer losses.
There is a possibility of obtaining criminal liability in a situation where the head of the housing cooperative has committed a crime. If you follow judicial practice, most often you may encounter the fact that the chairman is engaged in misappropriation of funds and fraud.
How does the change happen?
A change in the head of the housing cooperative occurs when the employment contract expires. In some situations, when the chairman or the residents want it, the meeting decides on the early dismissal of the chairman of the housing cooperative from his position. Let's look at a situation in which the employment contract has expired.
After the contract has expired, a meeting of residents is held and new candidates are considered. A person is selected who is appointed chairman of the housing cooperative. Within two weeks, the old chairman must bring the new one up to date, help with paperwork, and familiarize him with reporting.
Conclusion
The position of head of the housing cooperative actually has quite a lot of nuances that you need to familiarize yourself with before nominating your candidacy for elections. Remember that this is not only a big income, but also a big responsibility, so take this official seriously.
However, deciding what his salary should be is solely the prerogative of the owners
Few of us think about what salary the chairman of our homeowners association or housing cooperative receives. When we take out a utility bill from our mailbox and run our eyes over the column of numbers, we usually only note the fact that prices have risen again. Without thinking about what we are actually paying for.
But the reader of “Evening” Evgeny Smolyanov, who lives in the Frunzensky district, at house number 37 on Prazhskaya Street, was interested in just these numbers. It all started with the fact that, sitting at a general meeting of residents, which, as always, took place in a half-empty hall, he listened to the report of the chairman of the housing cooperative on the work. In a series of sounding numbers, he remembered one. That in 2013, 350 thousand rubles were spent on the salaries of the chairman and accountant, and in 2014, due to inflation, already 400 thousand rubles. Taking a pencil, Evgeniy calculated that between them, the accountant and the chairman received an average salary of about thirty thousand rubles.
It seems that the numbers are small.
“But I was outraged by the fact that we see the chairman and accountant only twice a month, during their personal reception. And the appointment itself only lasts an hour. For such and such money! - Evgeniy is indignant.
In addition, the meticulous reader also found out that the chairman’s salary must be approved by the general meeting of the building’s residents. As stated in the Housing Code, the salary of the chairman, accountant, as well as his deputy and even the cleaning lady is determined by the meeting, about which a protocol must be drawn up. However, the latest meetings that took place in this housing cooperative, to put it mildly, did not cause a stir. The building has 134 apartments. And at the last meeting, at which the chairman’s salary was discussed, only 17 people were present. However, even if everyone present unanimously voted to increase the chairman’s salary, this decision would still not be legitimate. Since, by law, more than half of the members of the housing cooperative must vote for this.
“Here the picture is clear, our chairman of the housing cooperative and the accountant set their own salaries,” says Evgeny Smolyanov.
By the way, when he informed his neighbors about his “discovery,” many reacted calmly. Like, just think, the chairman decided to write out a salary for his beloved. Not that much money compared to other utility prices. However, Evgeny Smolyanov did not agree with this position. And he wrote a letter to the prosecutor’s office of the Frunzensky district asking them to look into it.
The chairman is a representative of the executive branch of the housing cooperative, whose activities include:
- control over the implementation of decisions of general meetings and conferences of housing cooperatives.
- Monitoring the implementation of board decisions.
- Representing the interests of the cooperative in housing supervision authorities.
REFERENCE! The chairman has the right to carry out any actions on behalf of the cooperative, including entering into agreements and signing payment documents (clause 2 of Article 119 of the RF Housing Code).
Point 2
Chairman of the board of a housing cooperative:
- ensures the implementation of decisions of the board of the cooperative;
- acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions;
- exercises other powers not assigned by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.
Who can be elected to office?
Often, members of housing cooperatives are interested in the question of who can be the leader of their cooperative. In this paragraph we will try to answer the question posed, referring to the norms of the current legislation.
So, the chairman can be any member of the housing cooperative elected by the general meeting to the governing bodies. The board independently selects a chairman from among its members, in accordance with clause 1 of Art. 119 Housing Code of the Russian Federation.
Article 119. Chairman of the board of a housing cooperative
Paragraph 1
The chairman of the board of a housing cooperative is elected by the board of the housing cooperative from among its members for a period determined by the charter of the housing cooperative.
IMPORTANT! A copy of the minutes of the meeting at which the decision was made to change the chairman must be notarized and sent to the tax service within three working days (clause 5 of Article 5 of Federal Law No. 129 “On Registration of Legal Entities...”).
It should be noted that registration with the tax service about the change of chairman is mandatory! Also, a copy of the protocol on the re-election of governing bodies must be sent to the housing supervision service within five days.
The resigned chairman transfers his duties to the acting:
- financial documents;
- concluded agreements with third-party companies;
- staffing schedule;
- contacts of organizations;
- information about debtors.
The change of chairpersons and transfer of powers must be carried out within three working days.
So, the chairman of the housing cooperative organizes the management of the joint property of shareholders on the recommendation of the general meeting and the board, receiving wages for his activities. Selecting an experienced manager for this position and describing in the employment agreement the maximum number of possible situations, as well as careful control by the audit commission will help to avoid waste and difficulties in the lives of shareholders.
Many people mistakenly believe that the chairman of a homeowners association or an apartment building “gets his bread in vain” - the work does not involve much effort, and the money is awarded “for nothing.” However, if you look at the situation from a different perspective, you can see how untenable this position is.
The chairman of the HOA, in the course of his work, is faced with the need to solve both current problems of repairing and maintaining the house, and long-term ones.
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In addition, the manager spends a lot of time representing the interests of residents in various authorities. All this requires adequate payment for work.
Can I receive
Salary or reward
In order to figure out whether the chairman receives a salary or remuneration, let’s turn to the Housing Committee.
According to the Housing Code, the chairman of the HOA is a member of the board of the organization. That is, the chairman is not just “the general mass,” but a competent governing body.
And the board itself, that is, this initiative group, elects one person from among its members, the most active resident - the chairman.
Part 3.1. Art. 147 Residential The Code states that a member of the board does not have the legal opportunity to combine activities on the board of a partnership with work in the same HOA under an employment agreement.
The key word is member of the partnership. The chairman, as we indicated above, is selected from among the members of the board.
Thus, a conflict of legal norms arises:
- on the one hand, Art. 147 prohibits the chairman from working in the HOA under an employment contract;
- on the other hand, it regulates that one of the competencies of the general Council of the MKD includes regulation of the amount of remuneration of the chairman of the partnership.
It turns out that the salary received specifically under an employment contract cannot be assigned to the chairman. Only remuneration for work (for example, for successfully completed work on home repairs, replacing pipes, etc.).
Important! What kind of remuneration, for what, in what amount - all these questions are not disclosed by law. Thus, the relevant aspects are regulated by the Articles of Association of the partnership.
How is the salary of the HOA chairman calculated?
According to paragraph 13 of Art. 145 of the Housing Code of the Russian Federation, the general meeting of residents has the right to determine the amount of remuneration of the chairman for his work.
Based on the above norm, in order to assign remuneration to the chairman, it is necessary to convene a general meeting.
In accordance with the Housing Code of the Russian Federation, the convening of a meeting is carried out by notifying all members of the HOA about its holding.
Thus, an initiative person or an initiative group is obliged to draw up a letter and bring its contents to the attention of residents in one of three ways:
- by sending a registered letter to the residential address of each owner;
- hand over in person against signature;
- or post it on the notice board near the apartment building.
At least 50% of the votes of the owners of their total number must appear at the place and time specified in the notice.
The initiative person must put on the agenda the issue of determining the amount of remuneration for the chairman.
Remuneration can be assigned both for the actions of the chairman aimed at the execution (control of execution) of a single job, and for the total performance of job duties.
If the remuneration was approved, the minutes of the general meeting document the adopted issue, and also indicate the procedure and conditions for the payment of such remuneration.
Who decides the issues of increase
Art. 145 Residential Code of Russia, the issue of regulating the amount of remuneration of the chairman of the HOA is attributed to the exclusive authority of the general Council of the partnership.
Since the board is a lower collegial body and can resolve issues that are not within the exclusive competence of the general meeting, in this case the members of the board, the board itself and its chairman do not have the right to set their own remuneration and its amount.
The main constituent document of the partnership is its Charter. It is this local act that guides the members of the HOA, including the competent governing bodies, when resolving the most important issues.
The General Meeting may determine any amount of remuneration for the chairman, if such a possibility is provided for in the Charter.
If the Charter limits the maximum salary (or sets a limit in the form of a percentage), the general meeting does not have the right to make a decision that contradicts the Charter.
Thus, the issues of increasing the salary of the chairman:
- are decided exclusively at the general Council of HOA members, and this meeting must be competent (have a quorum), and more than 50% of the owners of those participating in the meeting voted for an increase in remuneration;
- the salary must be within the limits established by the Charter of the partnership.
What to do if the HOA does not pay salaries
For a long time there was an opinion that the chairman of the HOA is not entitled to a salary. This is indeed true, because we figured out that this is called remuneration, the amount of which is determined at the general meeting.
The Housing Code of the Russian Federation requires residents to hold a general meeting at least once a year. The law does not establish any obligations regarding the frequency of holding extraordinary meetings.
It turns out that residents may not hold extraordinary meetings at all, limiting themselves to only the mandatory annual one.
But then what to do with the remuneration for the chairman, because he carries out activities every day, and not once a year, working for the benefit of the apartment building.
And although the right to decide whether to pay money to the chairman or leave him without remuneration falls within the competence of the general meeting, you can still turn to the regulatory authorities if it is obvious that the chairman is carrying out activities, results are visible, but no one wants to pay him money.
There are two solutions:
- contact the housing inspectorate;
- or directly to the district court.
The statement of claim must indicate:
- information about the plaintiff;
- name and address of the partnership;
- the period for which remuneration was not paid;
- evidence that the work was actually carried out.
The statement of claim should be accompanied by copies of all supporting documents - for example, about repair work or landscaping. The facts that the chairman “did not sit idle”, but worked for the benefit of the residents, will help the court make a fair decision.
Apartment house
Based on the Housing Code of the Russian Federation, owners can choose one of three methods of managing apartment buildings:
- HOA or housing cooperative;
- Management Company;
- direct management if the number of apartments in an apartment building is less than 30.
If the house is not managed by a homeowners association, management company or other organization, that is, direct management is carried out, and at the same time there are more than 4 apartments in the house, the owners are required to elect the council of the apartment building.