Sample power of attorney for representation of interests in court. A simple power of attorney and a power of attorney to represent interests in civil and arbitration courts, in the FSSP of the Russian Federation, to carry out actions provided for

Pravozhil.com > Registration of real estate > Power of attorney > Power of attorney to manage an apartment - details about the execution of the document

What is a power of attorney for apartment management? The use, management or disposal of an apartment is the prerogative of its owner. In the event that for some reason he wishes to share his exclusive right to own property with another person, it is necessary to draw up the specified paper.

In recent years, this practice has become very popular in our country, but the procedure for drawing up trust documents has become slightly more complicated.

This phenomenon is due to the fact that a considerable number of fraudsters, using fake powers of attorney, carried out illegal fraud.

Now, in order to competently draw up a trust document for apartment management, the owner must carefully familiarize himself with all the nuances of this procedure, and even better, use the services of a professional lawyer.

Key legislative aspects

Legislative settlement of the issue related to the representation of the interests of the property owner

When deciding to issue a power of attorney, each owner must familiarize himself with the legislation that regulates the procedure for carrying out this procedure.

Fortunately for many, the concept of “representation” and everything connected with it is clearly explained in a separate chapter of the Civil Code of the Russian Federation (Civil Code of the Russian Federation).

So, in accordance with Chapter 10 of the current Civil Code of the Russian Federation, the following concepts can be distinguished:

Representation is a process in which one person, acting under a power of attorney or similar act from another, carries out any measures, most often transactions, on behalf of the latter.
A representative in any transaction must fully reflect the will of the person who entrusted him to act on his behalf. Actions on the part of a representative committed in his own interests in any transaction are unacceptable. It is impossible to work through such a person in cases established by the legislation of the Russian Federation.
The representative must act with the approval of the person who has entrusted him with his representation. In the event that any transaction was completed without such consent, its results can be either approved or contested by the person whose interests the representative expressed.
The main document confirming the right of representation is a power of attorney. This is a written authority issued from one person to another authorizing representation.
The execution of this document must be carried out in accordance with the provisions of current legislation and not violate them.

To better understand the essence of the topic under consideration, it is important to personally familiarize yourself with Chapter 10 of the Civil Code of the Russian Federation. It covers all the legislative nuances that must be taken into account when drawing up any types of powers of attorney.

Legislative basis

Before registering a power of attorney, each property owner should familiarize himself with the legal framework regulating the mechanism for carrying out this procedure.

The good news for the above-mentioned citizens is the fact that almost all information about the representative office and everything connected with it is in a separate chapter of the Civil Code of the Russian Federation.

According to Chapter 10 of the Civil Code:

representation is a special event when one person, acting under a power of attorney on behalf of another person, takes some steps on behalf of the principal,
a representative in any agreement must fully reflect the will of the person who granted him authority. Actions of a representative taken in his own interests under any agreement are unacceptable. Acting through a proxy is prohibited in situations clearly established by law,
the attorney must act with the approval of the apartment owner. In situations where an agreement was concluded without such approval, the results of the transaction can be both approved and disputed by the persons whose interests the representative was supposed to represent,
The main document that confirms the granting of authority is a power of attorney. A power of attorney in fact is a documentary authority granted by one person to another and gives the right to represent his interests,
the document must be drawn up in strict accordance with the current rules of law and not violate them.

Remember! For a clearer understanding of the essence of the concept of “representation”, it is better to independently familiarize yourself with the chapter of the Civil Code dedicated to this topic. It covers all the legal details that need to be taken into account when creating any type of power of attorney.

Power of attorney for registration of ownership of a land plot.

How to issue a power of attorney for the right to sign, read here.

Is it possible to register a person under a power of attorney from the owner, read the link: https://novocom.org/nedvizhimoe-imushhestvo/zhilaya-nedvizhimost/mozhno-li-propisat-cheloveka-po-doverennosti.html

Power of attorney for apartment management - types

What types of powers of attorney for real estate management exist?

When drawing up a power of attorney for an apartment, it is worth distinguishing between such concepts as “management” and “disposition” of property.

In the first case, such a person is vested with powers that relate to representing the interests of the apartment owner in less significant transactions and other actions carried out regarding the entrusted property.

A power of attorney to manage an apartment will fully allow the authorized person to carry out such actions as:

represent the interests of the owner in government agencies, housing and communal services organizations, gas institutions, etc.;
draw up the documents necessary to connect any communications to the apartment;
participate in meetings of apartment owners and have full voting rights or signing certain documents;
rent out an apartment;
represent the interests of the owner in court.

The above list is not exhaustive; therefore, the principal has every right to add to it at his own discretion.

General power of attorney for an apartment, what does it give?

The document for the disposal of an apartment, in turn, allows the selected person to carry out significant legal transactions regarding a certain thing (purchase and sale, rental, donation, etc.).

In addition, in such documents the principal can indicate an additional range of actions permitted to be carried out by the authorized person.

Depending on the general conditions under which the specified paper is issued, it can be divided into three types:

One-time is the one that is issued for the completion of one transaction or other action concerning the entrusted apartment on the part of the entrusted person.
Special is the one that determines the right of the trustee to carry out a specific type of transactions or other actions relating to the trusted apartment for a certain period of time.
A general power of attorney refers to all documents that allow the selected person to carry out a wide range of diverse transactions or actions relating to the entrusted apartment for a certain period of time.

In general, the information presented above expresses the basic principles of drawing up a power of attorney for the management or disposal of an apartment. Therefore, it is important for every potential principal to take it into account.

Representative powers

When drawing up a power of attorney for real estate, it is necessary to distinguish between definitions such as “management” and “disposition” of property.

Sample power of attorney for representation of interests in court from an individual.

When managing, an attorney is given powers that give the right to represent the interests of the apartment owner in minor transactions and certain actions carried out regarding the entrusted property.

A power of attorney to manage an apartment will give the attorney a chance to fully take the following actions:

representing the interests of the apartment owner in government agencies, housing and communal services organizations, etc.,
preparation of documents intended for connecting communications,
participation in meetings of property owners with the right to sign certain documents,
providing an apartment for rent,
representing the interests of the owner in the courts.

This list is not exhaustive, since the principal has the right to add to it at his own request.

A power of attorney for the disposal of real estate allows the authorized person to formalize legal agreements regarding property (purchase and sale, lease, donation, etc.).

In addition, in such documents the principal has the right to record an additional list of powers that the attorney is allowed to use.

Is it possible to revoke a general power of attorney?

Powers of a Trustee

Who can be given a power of attorney to use an apartment?

The powers of the trustee are all actions the implementation of which was authorized by the trustee to his representative regarding a specific apartment.

Previously, the basic powers that a trustee has when drawing up papers for him to manage or dispose of an apartment were indicated.

It is worth understanding that, depending on the purposes of the drafting, the full list of powers of the trustee is determined.

In the process of drawing up this document, the potential principal must determine everything that he wants to allow his representative to do on his property.

Document validity period

For how long can a power of attorney be drawn up for real estate?

In accordance with the legislation of the Russian Federation, when drawing up a power of attorney, you can indicate its validity period. Or you can refrain from such actions.

If the trust document precisely regulates its validity period, it is worth relying on the date of termination of the power of attorney based on it.

If the principal has not indicated the period of time for which he allows his representation to the proxy, then the provisions of Article 186 of the Civil Code of the Russian Federation are applied to determine the validity period. More precisely, they read:

In the territory of the Russian Federation and abroad, the validity period is exactly one year from the date of its registration only if it is not specified in the trust document.
Abroad, this document, certified by a notary, is valid until it is marked by the principal. But only if the trust document does not contain an expiration date.

As judicial practice on trust issues shows, problems often arise with those papers that do not have an expiration date.

That is why our resource strongly recommends that all potential principals indicate the validity period of powers of attorney issued on their behalf.

Kinds

According to the provisions of Article 185 of the Civil Code of the Russian Federation, the type of power of attorney determines its content. The following types of trust documents are distinguished:

General. After signing it, the trustee acquires the right to dispose of the property and conduct any transactions with it.
One-time. The principal transfers to a third party the authority to perform a strictly defined action, for example, collecting the papers required for the transaction. After its completion, the powers of the trustee are terminated in full.
Special. Provides for the transfer of rights to perform a certain list of actions.

The principal has the right to revoke the power of attorney at any time if he wishes. All actions performed by his representative will then be considered unlawful.

Which documents need to be submitted for approval?

Important! In order to transfer the right to execute documents, it is necessary to draw up a one-time power of attorney.

It must be in writing and notarized. It is possible to issue an electronic version of a document with subsequent certification by an electronic digital signature in the presence of a notary.

The power of attorney must contain:

Name.
An indication of where it was issued.
Date of registration.
Personal data of the principal and the authorized representative.
Rights assigned to the representative.
Signature of the property owner.
Validity period of the document.
An indication of the right to delegate powers to third parties or a prohibition on this action.

To register ownership

To register property rights in Rosreestr, you will need a general or special power of attorney.

The document must contain:

Title of the document.
Information about the locality where it was issued.
Date of compilation (in words; writing the date in numbers is not allowed).
Personal data of the principal and the authorized representative.
A detailed list of the rights that are vested in the trustee, a list of actions to which the permission does not apply, as well as whether the trustee is vested with the right of subrogation or not.
Notarized signature of the principal.
Registration details of the notary who issued the document.

What can cause the invalidity of a power of attorney?

Why can a power of attorney be invalidated?

Invalidity, or rather the impossibility of legitimizing a power of attorney, can be encountered at the very early stages of drawing up a trust document.

This phenomenon is possible only in the case when the potential principal and the selected person try to complete the paperwork with serious violations of the legislation of the Russian Federation, for example:

discrepancy between the form of the document and the officially approved one;
lack of necessary documents for registration;
use of fake documents during registration.

Having eliminated all the shortcomings, if the law allows, you can complete the paperwork correctly and receive it.

It is worth understanding that in a number of situations, termination of a power of attorney can be carried out even after its conclusion.
This practice is possible in cases where the principal or fiduciary has not complied with the conditions established regarding their obligations. Or there has been a case of invalidity of the document regulated by law.

The list of the latter is indicated in Article 188 of the Civil Code of the Russian Federation. In accordance with it, the power of attorney is terminated when:

expiration;
cancellation of an action on the part of the principal;
refusal to perform their functions on the part of the trustee;
termination of the existence of a legal entity if it is a principal or trustee;
death of the principal or trustee, as well as in cases where one of them is declared incompetent, partially capable and missing;
bankruptcy of the principal or trustee in cases where they lose the right to act as such.

In accordance with Article 188.1 of the Civil Code of the Russian Federation, it is possible to conclude this type of document, the validity of which will end only with the expiration of its term or upon the occurrence of certain conditions. Also, Article 189 regulates the consequences of early termination of the described document.

When drawing up trust documents, these points are very important to consider.

Registration procedure

How to issue a power of attorney?

Having examined in detail all the nuances of completing the described papers for apartment management, it would also be useful to familiarize yourself with the procedure for carrying out this legal procedure.

In accordance with the legislation of the Russian Federation, a trust document must be drawn up in a certain written form and notarized.

Ignoring these legislative aspects will make the power of attorney invalid, even if an unscrupulous notary certifies it.

So, before drawing up this document, you need to collect the following list of documents:

a document that identifies the owner of the apartment (principal);
a document that certifies the identity of the authorized person;
title papers for the entrusted apartment.

In rare cases, the notary may require you to provide a number of additional documents. The general registration procedure is as follows:

The potential principal and the chosen person visit the notary.
At the notary's office, the potential principal draws up documents according to the form provided. In the text of the document, it is important to indicate all the conditions under which the trustee must dispose of the apartment, and for what period.
After drawing up the paper, the notary will check it for accuracy. If the necessary papers are correctly drawn up and available, he will officially approve its action by certifying the document. If there are any problems that prevent the notary from certifying the papers, he will notify the potential principal and trustee of the presence of such problems and ask them to correct them.

As you can see, issuing a power of attorney to manage an apartment and complying with all legal regulations is not so difficult. The main thing in this procedure is to adhere to all points of the material presented above and the provisions of the current legislation of the Russian Federation.

You can find out what issues related to issuing a power of attorney should not be overlooked by watching the video:

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Discussion: 2 comments

Ivan says:
01/19/2019 at 13:41
It is not entirely clear what responsibility the trustee bears to the principal for the condition of the apartment that he manages. How is the damage caused by him assessed if there is no detailed information about the condition of the apartment before the power of attorney comes into force?
Answer
Mikhail says:
12/12/2020 at 00:44
Almost none. The fact is that it is very difficult to prove damage unless the condition of the apartment has been previously documented. But I've never heard of them doing that.
Answer

When is a power of attorney issued without the right of alienation?

A power of attorney for real estate management may be needed in several cases:

If you need to resolve issues about an apartment with municipal or state authorities.
To resolve issues with housing and communal services authorities.
To participate in homeowner meetings where signatures are required.
For carrying out engineering communications, concluding contracts with service organizations.
To carry out repairs in a house or apartment, if a contractor is hired under a contract. He will not enter into an agreement with a stranger without a power of attorney.

Note: the list of actions with real estate can be anything, the main thing is to reflect it in the power of attorney with the most precise wording. It is important that they cannot be interpreted in two ways.

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