Powers of the chairman of the council of an apartment building according to the law

Definition of the concept

The MKD Council represents the legitimate interests of apartment owners during disputes that arise with the management company or resource supplying organization. These representatives can only be elected at a special meeting.

Important: according to the Housing Code, the creation of this body is permitted in cases where an appropriate agreement has been concluded with the management company. Organizing a council is impossible if the house is managed by an HOA.

The current legislation differentiates the powers of this body and the OSS. The latter is considered the only entity capable of making decisions affecting the interests of each owner of residential premises in the house:

procedure and terms of payment for housing and communal services or repairs (including major ones);
choice of management company;
procedure for using the local area and others.

Attention: members of the advisory body are elected for a period of 2 years. If this procedure is not carried out within three months after the building is put into operation, local authorities independently convene the OSS in order to select members of the future board.

At the same time, the functions of the MKD council, as well as the chairman, are determined by the OSS. When choosing the composition of this body, the votes of apartment owners are taken into account, the number of which is calculated in proportion to the living space owned.

Re-election of the body's members is also carried out within the framework of the OSS. Council members are selected from among the people living in the apartment building.

Job responsibilities of the chairman of the HOA

In each established partnership, board members are elected from among the resident copyright holders. The composition of this body is formed at the meeting by a simple majority of votes. Residents included in it make a decision, formalize it in minutes and appoint a chairman. This places a serious responsibility on the newly elected member. A person who, as indicated by the Housing Code of the Russian Federation, is an owner who has housing in this house is allowed to occupy this place.

The responsibilities of the chairman of the HOA in an apartment building are to comply with the laws of the Russian Federation (Article 149 of the Housing Code of the Russian Federation), decisions of the partnership, and clauses of the Charter. In his actions, he is guided by the instructions of local government bodies and carries out court decisions related to the activities of the company. The job description outlines a list of the rights and responsibilities of the chairman of the HOA. It contains a list of powers vested in the manager, the procedure for election, as well as a schedule of working hours and rest.

The scope of responsibilities of the chairman of the HOA includes:

representing the interests of partnership members in any government agencies and private organizations;
control of the work of board members;
carrying out measures to improve the local area taking into account environmental and sanitation standards;
responsibility for the condition of engineering communications, prevention of unauthorized interventions in them;
concluding contracts with suppliers;
maintaining documentation related to the activities of a legal entity;
timely generation of payment documents for utilities and their delivery to subscribers;
monitoring the functioning of all home supply systems (gas, electricity, water, heating).

As senior management, the Chairman:

selects personnel of workers and employees to carry out normal work;
carries out inspection and control of labor discipline;
receives citizens and considers their appeals;
issues the necessary orders, monitors the implementation of clauses of employment contracts and payments thereunder.

Peculiarities of electing the composition of the MKD council

The composition of the future council should be determined during the next (including planned) OSS. The current legislation does not provide for other options. The election procedure is carried out according to the same algorithm by which the next OSS is assembled. Accordingly, the step-by-step instructions are the same in both cases.

Election procedure

The election process begins with the initiation of this procedure. Every owner of an apartment in the building has the right to make such a proposal. The initiator is obliged to determine the list of persons who will subsequently join the council. A chairman is subsequently selected from this group of people. Also, the specified person develops a list of issues that the OSS participants will consider.

The initiator (or an initiative group, if one has been previously formed) is obliged ten days (no later) before the appointed date of the general meeting to notify each apartment owner about the imminent holding of the general meeting. Residents must be given the appropriate notice by sending the document by registered mail.

Attention: a number of federal laws determine that residents of a building have the right to choose a different method of notification at a general meeting. In particular, the Federal Law does not prohibit informing citizens by posting relevant notices on boards.

At the general meeting, complaints about the number of council members are considered, and the competence of the latter is determined. Moreover, as the norms of housing legislation indicate, this body does not have the right to make final decisions regarding the management of the house. That is, board members can make recommendations on such issues. However, decisions made by this body have no legal force. Residents, like third-party organizations such as management companies, have the right not to follow these recommendations.

Voting rules

The composition, number and responsibility of future members of the MKD council are determined at the general meeting. This procedure is carried out in full-time, part-time or part-time.

The latter determines the voting rules. If an in-person OCC is selected, then a quorum will be required to select the composition of the council. The latter is calculated based on the number of residents and the area of the apartments they own. Members of the advisory body are elected by a large number of votes.

Attention: only the owners of the premises have the right to participate in the general meeting. Outside parties may visit the OSS as observers.

The absentee form is convenient because a quorum is not required for voting and electing an advisory body. This option involves conducting a survey of residents of the house on issues included on the agenda of the OSS. This is how the MKD council is elected.

The last form of meeting is considered the most convenient. This option combines the advantages of the previous ones. First, a meeting is held at which the owners vote on the future composition of the advisory body. Then, within ten days, the initiators of the OSS hand over the questionnaires to the absent apartment owners. This document reflects the same issues that were discussed at the last meeting.

Regardless of the chosen form of the OSS, after the discussion, the voting results are recorded in the minutes, which are signed by the chairman and secretary (if the latter is selected). This document is submitted within 5 days to the management company. After the election of the MKD council, the Charter and regulations on this advisory body are drawn up.

Attention: the chairman of the OSS is obliged to notify all owners of the voting results within 10 days. The minutes of the meeting must be available to residents of the building.

Within the framework of the OSS, it is also possible to elect the chairman of the MKD council. To do this, it is necessary to obtain at least 75% of the votes from the total composition of the meeting. The re-election of this composition is carried out according to a similar scenario.

How the council is elected

The main governing body of the house is the general meeting, without which not a single important issue is decided. At such a meeting, at the request of the Housing Code of the Russian Federation, agreements are signed with the Management Company, agreements with suppliers, tariffs are discussed and accepted.

And in order to elect a council, approve its statute, work plan, the initiative group must also organize residents for a general meeting.

Since the council has important functions in an apartment building, its members will need to interact with the municipal authorities, with suppliers, represent the interests of the house in various authorities and, including in court, it is important that the election of the body is carried out according to the law.

ATTENTION! Residents must responsibly approach the selection of candidates for the council and include only active people who have sufficient energy and time to resolve housing and legal issues of the apartment building.

At the general meeting, it is also necessary to elect the chairman of the apartment building from among the council members. What are the legal requirements for the election procedure?

First, preparations are made for the general meeting; residents must all be informed of the upcoming event. Advertisements at entrances must appear no later than ten days before the OS. You can send registered letters to all apartments or electronic ones.
The meeting is held in person, in absentia or in absentia.
Voting is carried out using a questionnaire. At least 50% must vote for the council.

A protocol must be drawn up indicating the decisions made.

Along with the protocol after voting, some other important documents should be collected. This is a register of owners of apartment buildings, a register of residents who took part in the vote, a preliminary protocol of the meeting with an agenda, documents confirming the notification of everyone about the meeting.

Obligations of the MKD council to residents

The composition elected to the OSS does not have the right to resolve any issues that reflect the life of an apartment building. However, this advisory body has a number of responsibilities:

monitor the implementation of decisions made at the OSS;
negotiate with representatives of the management company on the latter’s fulfillment of certain obligations (but not sign documents);
monitor the implementation of repair work;
monitor the quality of housing and communal services provided.

The council is also obliged to bring up for discussion issues on the following issues:

operating conditions of the building and surrounding area;
conditions and procedure for repairing the building;
ways to manage a home;
level of competence of members of the advisory body;
terms of cooperation with the management company.

Attention: the advisory body, despite the lack of legally significant powers, is required to submit a report annually. This document is issued for general consideration within the framework of the next OSS.

This body combines the responsibilities of initiative groups, which are often found in apartment buildings. In particular, council members can:

contact the management company with proposals for landscaping the territory or building;
evaluate contracts with resource supply organizations;
perform other actions.

Decisions on each issue are submitted for general discussion.

Activities of the MKD Council

The council also has certain responsibilities. The main one is the protection of the interests of the owners in the face of the management company.

Since 2005, the activities of the council have been regulated by the new Housing Code, according to paragraphs 5 and 8 of Article 161 of which the council:

Provides control over the implementation of approved decisions;
Proposes for discussion issues regarding the use of common property and adjacent territory;
Proposes for discussion questions about organizing repairs and preparing for the winter period;
Offers management options and questions the competence of certain board members;
Provides a complete list of terms and conditions of future contracts with the management company;
Monitors repairs and provision of high-quality and timely utility services;
At the general meeting of apartment owners, he annually submits a report on the work done during the year.

In other words, the management board is obliged to monitor the implementation of all clauses of the contract with the management company, provide residents with information about current relations with the company and report on its activities.

What do representatives of the MKD council have the right to do?

The main task of this body is to protect the rights and legitimate interests of owners. The council of apartment buildings can act on behalf of apartment owners in disputes with the management company or resource supply organization regarding the provision of poor-quality services or failure to fulfill their obligations. In particular, members of this body have the right to properly record such violations and provide relevant evidence to the Criminal Code with a requirement to eliminate the identified problems.

The council participates in signing reports on completed repairs (including major repairs) or recording damage to the owners’ property (flooding, intentional damage). Both documents are drawn up by representatives of the management company. If the latter refuse to fill out such acts, members of the advisory body have the right to carry out this procedure. In addition, the council may initiate an extraordinary meeting of owners.

Appointment of the Chairman of the MKD

The Chairman is appointed during the OCC. The qualification requirements of the person accepting this position do not play a determining role. It is recommended to appoint a person as chairman who has the following qualities:

has authority among the residents of the house;
is distinguished by an active civic position;
having the ability to defend the interests of the public.

Important: due to the specifics of the chairman’s work, the person appointed to this position must have sufficient knowledge in the field of construction and jurisprudence.

The future head of the apartment building is selected from among the council members of the apartment building.

List of duties of the chairman

The chairman acts on behalf of both the advisory body and other people living in the house. This face:

conducts negotiations with representatives of the management company on the composition and terms of the agreement, which will be signed by the owners with the management organization;
develops a draft agreement with the management company, after which it submits the document for discussion;
carries out monitoring activities, monitoring the fulfillment of obligations by representatives of the management company;
signs acts on the work performed by representatives of the management company.

Attention: residents of apartment complexes can give the chairman the right to act as a representative of the owners in court when considering cases on problems arising due to the provision of low-quality services by the housing complex or management company. This person acts on behalf of the tenants on the basis of a power of attorney.

The chairman's responsibilities include monthly inspection of the condition of the roof and other structural or important elements of the building. In addition, the owners may authorize the person appointed to this position to enter into appropriate agreements with the management company.

To confirm his own powers, the chairman is required to take an extract from the minutes of the last OSJ. This document must reflect the date of the general meeting at which the person was elected, the address of residence and the term of office of the latter. The statement also reflects the decision to appoint the chairman. The document is signed by the secretary (if selected) and the chairman. Then the extract is endorsed by representatives of the local government who were present at the election process.

Chairman of the Council of MKD

Chairman

at home is elected from among the members of the Council of the apartment building at a general meeting of premises owners and can act on the basis of a power of attorney issued by the owners of the apartment building premises.

The chairman of the council of an apartment building manages the current activities of the council of the apartment building and is accountable to the general meeting of owners of premises in the apartment building.

Functions of the chairman of the board of an apartment building:

1) before the general meeting of owners of premises in an apartment building makes a decision on concluding a management agreement for an apartment building, the chairman of the house has the right to enter into negotiations regarding the terms of the said agreement, and in the case of direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding the terms of the agreements specified in parts 1 and 2 of Article 164 of the Housing Code of the Russian Federation;

2) The chairman of the apartment building brings to the attention of the general meeting of premises owners the results of negotiations on the terms of concluding a management agreement with the management organization;

3) on the basis of a power of attorney

issued by the owners of premises in an apartment building, the chairman of the house concludes, on the terms specified in the decision of the general meeting of owners of premises in this building, a management agreement for an apartment building or agreements specified in parts 1 and 2 of Article 164 of the Housing Code of the Russian Federation

Please note: under the management agreement for an apartment building, all owners of premises in the apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire the rights and obligations.

The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and in the case of direct management of an apartment building, the owners of premises in this building, copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this building , from the specified persons;

4) The chairman of the house council exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building. Signs acts of acceptance of services provided and (or) work performed on the maintenance and current repair of common property in an apartment building, acts on violation of quality standards or frequency of provision of services and (or) performance of work on maintenance and repair of common property in an apartment building. Signs acts of non-provision utilities or the provision of utility services of inadequate quality, and also sends appeals to local government bodies about the management organization’s failure to fulfill the obligations provided for in Part 2 of Article 162 of the Housing Code of the Russian Federation;

5) The chairman of the building council, elected by the general meeting of owners of an apartment building, on the basis of a power of attorney issued by the owners of the premises in the apartment building, acts in court as a representative of the owners of the premises in this building in matters related to the management of the apartment building and the provision of utilities.

Chairman's rights

The Chairman of the MKD is vested with the following rights:

sign contracts on behalf of the owners of apartments in the building;
make amendments to previously drawn up contracts;
determine the need and agree on the timing of building repairs;
inform residents about changes in the terms of cooperation with management companies and housing and communal services;
maintain control over the activities of the management company and third-party organizations that are engaged in repairs of the building;
sign acts of flooding, property damage and others.

The chairman is a trusted person who speaks on behalf of the residents. This person does not have the right to carry out actions that infringe on the legitimate interests of apartment owners.