In 1991, when the Law "On the Privatization of Residential Type Premises" was adopted, the state as an independent entity transferred absolutely all responsibility relating to the maintenance of multi-apartment buildings directly to the owners of real estate (individual residential apartments). However, in reality, housing management remained in the hands of municipal enterprises. It is important to note that a rather rare exception in this case were condominiums (partnerships of homeowners), which began to form only in 1993. Thus, circumstances quite familiar to Russian society, when a third of the buildings are managed through the efforts of Housing and Housing Associations, and the remaining share is in the management of the Criminal Code, originate from March 1, 2005. It was then that the RF LC came into force and for the first time revealed three methods for managing apartment buildings . In addition, he emphasized that the management of housing is not as much a right as the duty of the owners. What situation is relevant today? What are the powers of the MKD Council? Why? You can find answers to these and other questions in the process of familiarization with the materials of this article.
General Provisions
Absolutely every apartment owner sooner or later faces issues that need to be addressed exclusively together (in other words, the whole house). As you know, there are a lot of problems in the house where a certain number of apartments are located. So, absolutely every tenant is part of them (of course, in proportion to the area of his own apartment to the area of the whole house). You need to know that in a housing construction cooperative (HSC) or a partnership of homeowners (HOAs), which consist of one house, the management problem is taken over by the board. You can contact this management body regarding certain issues, as well as offer certain recommendations and send your own wishes.
A completely different situation happens when the house is in direct control of the control structure. Under such circumstances, there is absolutely no one to deal with and delve into the problems of the house, besides, of course, the apartment owners. Even when the management association is engaged in managing the premises, there is no guarantee that the most optimal solutions to certain problems will be offered, for example, relating to the operation of a house or the resolution of unforeseen situations. In the presented situation, according to 161.1 of the Housing Code, it is necessary to form a council of the MKD (council of an apartment building). It is important to note that legislators, through this law, have done very well in the field of legitimizing house councils or house committees, as well as actions periodically committed by them. This structure serves as a connecting element between the management organization and the residents of the house. For a full understanding of the need for the MKD Council (LC RF ), it would be advisable to consider in detail the relevant rights and obligations for him, as well as the methods for his election.
Board Responsibilities
As it turned out above, the advice of an apartment building should be understood as a body that is not a legal entity. What does this mean? The MKD Council cannot be endowed with its own current account, seal, as well as opportunities associated with certain actions on the part of a legal entity. However, for the reason given, under no circumstances should one underestimate the effectiveness of the operations of the council of a multi-apartment building. In the case of the interested and coordinated work of absolutely all members of the council, the improvement of the management structure, one way or another, becomes obvious.
It is important to note that the duties and powers of the MKD Council are currently secured through the Housing Code of the Russian Federation. It is worth emphasizing that his main duty is to control the activities of the managing association. By the way, a great many homeowners do not understand the role of the structure in question. Why do members of the MKD board do some work if there is a managing organization? Why is there a duplication of authority? Moreover, the management structure in any case receives a certain amount of money for its activities.
However, no one else knows the problems of the house, as the direct owners of the apartments. Thus, it is the responsibility of the MKD Council to develop guidelines related to the managing organization for the priority necessary measures that need to be implemented in any case (as a rule, these actions are related to ongoing repair work). The Council of a multi-unit type house is obligated to identify and send its own proposals for the repair or replacement of utilities. In addition, he must carry out work related to the improvement of the courtyard, improvement of quality in terms of utilities and so on.
In addition to the foregoing, as a rule, the chairman of the MKD council formulates its own conclusion on the draft management agreement with the managing structure, as well as agreements with resource-supplying associations. It is important to note that the members of this category in any case form a plan for the next annual quarter, which reflects their activities and annual reports directly to apartment owners on the work performed. It is necessary to add that the construction of the plan is carried out by calculating the costs required for certain operations, as well as the ability to ensure the implementation of these works in the financial plan. In accordance with the practice of modern generations, the association of councils of MKD can organize all those activities that are carried out by the managing organization simply should not.
Example
It is advisable to give an example of the situation discussed in the previous paragraph. Suppose, by means of a decision of the general meeting, it is planned to build a fence in accordance with the boundaries of a certain piece of land of certain sizes. So, the management structure is endowed with the absolute right not to shoulder the powers associated with collecting money for the implementation of the event, or to get down to business, however, it is essential to overestimate the amount indicated in the estimate. Thus, in this case, the best option is to organize the search for a contractor for the work by the MKD Management Board , as well as to raise funds for the implementation of planned activities.
Board credentials
After considering the responsibilities of the relevant article structure, it would be advisable to analyze the rights that exist for it today. So, the rights of the MKD council are primarily to protect the legal rights of apartment owners from the inaction of the managing association. It is important to note that the council of a residential building, one way or another, is vested with the right to record the absence or delivery of public services of inadequate quality. In addition, the house council has the opportunity to apply to the management structure with the requirement to bring a particular service to a satisfactory condition, which today plays an important role in the development of society.
You need to know that the chairman of the MKD council approves previously formed acts regarding the need for major and ongoing repairs. By the way, it would be advisable to include acts in this category where it is necessary to fix, for example, the infliction of absolutely any damage to the apartment of the direct owner or the banal flooding of the premises. In such circumstances, in case of refusal to draw up an act on the part of the representatives of the managing organization, it is the council of the apartment building type that is vested with powers related to duplication of the actions presented. In conclusion, it should be noted that it is also necessary to include in the powers of the house council (MKD ) the initiation of a meeting of apartment owners in accordance with absolutely any urgent issue.
Board election
In this and subsequent chapters, it will be advisable to consider the direct process, as well as the procedure for electing the council of a multi-apartment building. So, by the power of attorney of the MKD Council, it was decided that his election would be carried out at a general meeting of apartment owners. It is important to note that the initial stage in any case is the preparatory work. In addition, it is mandatory to determine the procedure for electing the council of an apartment building type, discussed below.
The procedure for the election of members of the structure
In this chapter, we consider the procedure for electing the current meeting of the MKD Council . The initial stage is the preparation of a notice regarding the implementation of the general meeting of apartment owners of an apartment building. It is important to note that the initiators of the event, one way or another, undertake to notify absolutely all homeowners about the organization of the general meeting (preferably ten days before the immediate date of its holding).
Close attention should be paid to the fact that a notice regarding the implementation of the above measures should in any case be sent to all apartment owners by registered mail. Other methods of notifying the owners of residential premises about the holding of a general meeting must be approved by decision of a general type of meeting. In other words, in order to get an easier way to notify property owners, for example, by means of announcements on bulletin boards with information near the entrances, this notification method must be approved at the last meeting of apartment owners.
Drafting a notice
It is important to note that in the notification discussed in the previous chapter, the most basic is the indication on the agenda for the selection of members of the council of a multi-family house, its chairman, as well as all the conditions of the power of attorney of the chairman of the MKD council . You need to know that the implementation of the general meeting today is possible in accordance with three forms: part-time, full-time and part-time.
By the way, at present, the most popular and sought-after form of the event is full-time. So, initially a general meeting of apartment owners is scheduled to be held in person, but the quorum at this meeting does not make sense, which is not a serious shock: now you do not need to make an announcement about the organization of a new meeting in accordance with the correspondence form. Why? The fact is that in the case of an in-person meeting in absentia, the second begins immediately after the first, in other words, the event is not interrupted under any circumstances. Now the MKD Council has the opportunity to hand out voting questionnaires to the owners of residential premises and wait for them to arrive at the place intended for storing them. By the way, any date can be considered the end date for the implementation of the event under consideration, because the current legislation does not contain any instructions regarding the time limits of the meeting of apartment owners.
Final stage
After the implementation of the event described in the previous chapter, all relevant decisions are drawn up through the protocol. You need to know that decisions are made only when more than fifty percent of the votes of owners of residential premises took place in the general meeting. In addition, the percentage of positive opinions regarding a decision is also equal to fifty percent as a minimum threshold.
It is important to note that the election of an apartment building council is organized by the direct owners of the apartments. The fact is that their number is not subject to any restrictions, therefore management of common sense is advisable in this case. You should be aware that the election of a house council is carried out no more than 2 years later, after which it is imperative to implement a second meeting of homeowners. Then, when a council of a multi-family type house is not selected in a residential building, the local government should initiate the organization of the meeting of its choice, however, in this case, the council usually includes people loyal to both the governing structure and the local government.
Chairman Responsibilities
In this chapter, it will be advisable to fully consider the responsibilities of the chairman of the council of a multi-family type house. To begin with, it should be noted that he is elected directly from the members of the council of the dwelling. Thus, it is the chairman who implements absolutely all the functions of the activity of the building council. By the way, that is precisely why his duties often duplicate those of the council itself. These include the following items:
- Negotiating with the management structure regarding the draft management contract, the possibility of including certain changes in it (the latter, as a rule, relate to conditions that unsatisfactorily affect the owners of residential premises).
- Providing the terms of the management contract directly to the general meeting of apartment owners.
- The conclusion of the management contract in the case when the apartment owners transferred to him the powers associated with the conclusion of the management agreement.
- Direct control of absolutely all the obligations that, one way or another, the management structure must fulfill, and the signing of acts of acceptance of the work that has been carried out.
- Speech in the judicial authorities on issues related to the management of multi-apartment premises and the supply of utilities on the basis of a power of attorney from apartment owners.
Chairperson Rights
In the final chapter, it would be advisable to consider in detail the rights of the chairman of the council of a multi-apartment building. To begin with, it should be noted that under no circumstances should one underestimate his rights in the same way as is done in relation to the right of the council itself. In the case of skillful leadership and active work, the management association can be quickly enough made to perform high-quality duties corresponding to the nature of the activity. By the way, if you have the proper skills and certain skills, then from the side of the chairman of a multi-apartment building you can easily hold a meeting of the owners of individual apartments to form a partnership of homeowners in your house.
Then, when there is no question of such global plans, the right to exercise control by the council and, in particular, its chairman over the managing association is nothing more than the most important right, of course, exclusively in capable hands. In addition, the right to form acts regarding the operations performed by the managing structure, as well as to draw up acts regarding property damage in general-purpose places or in premises of a residential type, serves as a very serious tool, which, one way or another, is in the hands of the chairman of the multi-apartment council living quarters.