Management of an apartment building can be carried out by the management company or the HOA - a partnership of owners. After the construction is commissioned, it is transferred to the territorial Criminal Code.
The management company enters into agreements with utilities providers, resolves issues related to maintenance and overhaul. HOA performs similar functions, but with the participation of the owners of the premises MKD. Partnership is a non-profit structure that is formed at a general meeting of residents.
The essence of the creation of HOA
A partnership of owners is formed to ensure the most effective management of MKD. The owners of the premises, who decided to create a HOA, get the opportunity to directly participate in the life of the house. Moreover, they are responsible for the condition of the structure. Funds raised for the repair and maintenance of MKD are not transferred to any third-party company, but are allocated depending on the needs and are directed to solve specific problems.
Of course, all apartment owners cannot leave their main activities and engage in social problems. Therefore, simultaneously with the creation of the HOA, an executive body is formed - the board. It includes the most active owners who are ready to sacrifice their time in the interests of the house.
Features of the creation of HOA
To form a partnership, a general meeting of residents is organized. The decision to form an HOA is considered adopted if more than 50% of the gathered owners voted for it. After that, state registration of the legal entity is carried out in the manner prescribed by law.
The main advantage of creating an HOA is that the owners independently choose the members of the board, the chairman.
The whole process can be divided into the following steps:
- Formation of an initiative group. It usually includes 5-6 people. They inform the rest of the owners about the meeting, participate in explanatory conversations with the residents, put up announcements and so on.
- Create meeting notifications. The wording should interest as many owners as possible. The notice indicates the subpoena.
- Organization and conduct of the meeting. It discusses the possibility and feasibility of creating an HOA, its advantages. During the meeting, a vote is held. It can be open or closed. As a rule, the results are announced immediately.
- Registration of HOA and opening of a settlement account in a bank.
The main functions of the partnership
HOA represented by the board should:
- Conclude agreements with utilities, repair organizations.
- Hire citizens to maintain cleanliness in the MKD and on the territory.
- Hold general meetings to address current issues.
- Monitor the progress of repairs, check the status of common property.
- Keep expense reports.
The tasks of the members of the board also include informing owners of upcoming work, raising funds for certain needs.
Homeowners Association
His duties and rights are determined by the general meeting. This person is the head of the management bodies of the MKD.
The duties of the chairman of the HOA can be performed by a person with leadership qualities, who can quickly make decisions.
The following basic requirements are presented to the candidate:
- He must be the owner of the apartment, living in MKD permanently. It makes no sense to assign the duties of the head of the HOA to a person who, although he owns the premises, but rents it out. Such a subject does not know the pressing problems of the house; accordingly, his activity will be ineffective.
- He must have a college degree.
It is desirable that the person who will be entrusted with the duties of the chairman of the HOA has experience in leadership positions. This will help him in communicating with service providers and contractors, in organizing meetings, and distributing functions among board members.
In accordance with article 149 of the LC RF, the duties and rights of the chairman of the HOA, the term of his powers are determined by the meeting and are fixed in the charter of the partnership. The head of the board is selected from among the tenants who are ready:
- Settle conflicts.
- Listen to the claims and complaints of the owners.
- Resist pressure.
- Quickly solve current problems.
As a rule, the primary appointment is carried out for a year. If according to the results of the period the work of the chairman receives a positive assessment, the powers are extended for a longer period.
The decision on the appointment of the board is recorded in the minutes of the meeting. The chairman is elected by members of the governing body. The leader may be appointed by the general meeting.
What is the responsibility of the chairman of the HOA?
The powers of a person are determined in accordance with the needs of the MKD. The rights and obligations of the chairman of the HOA in the LC RF are presented in general terms. The Code does not fix a specific list of powers of the head of the board. They are determined by the residents themselves based on the needs of the house.
The rights and obligations of the chairman of the HOA, his responsibility can be recorded in a special job description or other local document. Such an act is subject to approval by board members. The charter of the MKD may also provide for a different procedure for the approval of the document.
The job responsibilities of the chairman of the HOA in apartment buildings are usually similar. This is due to the fact that in most MCD the same problems are solved.
Let us consider briefly what responsibilities the chairman of the HOA can be enshrined in the charter.
First of all, the head of the board should know and understand the norms of the RF LC. The duties of the head of the HOA presuppose communication with various structures, including state ones. Legally competent person must defend common interests.
The duties of the chairman of the HOA in apartment buildings include monitoring the implementation of contract terms by contractors and service enterprises. The head of the board checks the correct operation of the equipment, monitors the timeliness of repair and other work. In some cases, the duties of the chairman of the HOA may include recalculation of utility bills.
The duties of the chairman of the HOA in an apartment building include the consideration of complaints from residents. He is responsible for ensuring the safety of communal property, identifies cases of unauthorized redevelopment.
Effective performance of duties by the chairman of the HOA in multi-apartment buildings is ensured by the almost constant presence within the home area. He must clearly plan his daily work. The chairman informs the owners of the results of his activities at the scheduled meetings.
Rights of the head of the board
To fulfill his duties, the chairman of the HOA is vested with a number of powers. In particular, he is entitled to speak on behalf of the HOA without a power of attorney in court and other instances.
The charter of the MKD may also establish the following rights to:
- Conclusion of contracts with service companies.
- Ensuring control over the use by residents of personal and communal premises for their intended purpose.
- Stay in the owner’s apartment to eliminate the accident if there is a threat to the property and life of other citizens.
- Selection of staff.
- Distribution of duties among board members.
- Voluntary withdrawal of authority.
- Reward. Payment for the activities of the chairman is carried out at the expense of funds collected from residents. The amount of remuneration is discussed at the meeting. The established size should be fixed in the charter of the MKD.
Responsibility
If the chairman of the HOA does not fulfill his duties, sanctions provided for in the charter and legislation may apply to him. In particular, a citizen may be prematurely removed from office.
Responsibility measures are applied depending on the materiality and nature of the violation. For example, if the chairman spent the money collected from the residents for his own needs, they can be recovered from him in court. If it turns out that the subject has committed fraudulent acts, he can be punished under the Criminal Code.
The chairman is responsible for:
- Reporting.
- Security of documents.
- Transactions concluded with service enterprises.
- Compliance with LCD standards.
- Timely receipt of payment from residents.
The head of the board must provide all the necessary information to the apartment owners upon their request.
Reporting Features
The duties of the chairman of the HOA include the annual notification of residents of MKD about the expenses incurred.
Apartment owners make periodic payments to the partnership account or transfer money to the management body. All expenses must be confirmed by payment documents.
Reporting is necessary not only for owners, but also for the tax service.
Of particular importance is cost accounting in cases where funds for repairs or other needs are not enough. In such situations, the report substantiates the need to increase contributions. This eliminates the dissatisfaction of the owners.
Report structure
The following data must be present in the document:
- The composition of the board, F. I. O. members and chairman.
- Activities for which funds were raised.
- Work performed and the amount of payment for them.
- The list of contracts concluded / extended during the year.
- Checks and their results.
The report must be signed by the chairman and members of the governing body. The document is stored for at least 5 years.
The report is checked by the audit commission. This body is formed at the first meeting of owners. Members of the commission verify expenses, identify illegal / unjustified expenses.
Chairperson abuse of office
Unfortunately, in practice, there are cases when the head of the board uses his status for personal purposes. As a result of abuse of authority, unreasonable decisions are taken that infringe on the interests of the owners. How to deal with such actions?
Claims to the work of the chairman may be expressed by one owner or a group of tenants. It must be said that a collective complaint will bring greater effect. As a rule, applications from a group of persons are accepted and processed faster.
Complain about the chairman in:
- Housing Inspectorate.
- Board of HOA.
- Court.
First of all, it is advisable to contact the management body of the HOA. Board members must take measures to eliminate violations. If the governing body is inactive, you must send a complaint to the Housing Inspectorate. Copies of claims submitted to the board should be attached to it. If after this the problem is not solved, you will have to go to court. The lawsuit is filed with the court of general jurisdiction. A statement may be collective.
The charter should establish the procedure for actions in case of non-performance or improper performance by the chairman of his duties. In particular, the rules for terminating the contract, early dismissal, deprivation of remuneration, etc., should be fixed.
Early termination of powers of the chairman is possible in the following cases:
- Systematic violation of the provisions of the charter of the HOA, legislation.
- Assignment of property - theft of contributions made by owners, materials purchased for repair, etc.
- Making unsubstantiated decisions without the consent of the board and residents.
The issue of early removal of a person from office shall be decided at a general meeting by voting. Prior to the appointment of another person, an interim chairman of the HOA may be elected. It can be a member of the board or another owner.
The Chairperson may also resign himself if he realizes that he will not be able to cope with his duties. Moreover, he has the right to propose another candidate for the post. In case of replacement of the head of the board, the relevant amendments should be made to the charter. An agreement is concluded with the new chairman.
Hiring a manager
Not always among the residents is a person who is ready to become the acting chairman of the HOA. In such cases, it is advisable to attract a competent person from the outside, that is, not a tenant of the MKD. An agreement is also concluded with him, in which all essential conditions of activity are prescribed.
The subject appointed by the manager is vested with almost the same powers as the chairman. He also solves issues related to repair and maintenance of MKD, develops a plan of measures to improve housing conditions. The manager selects organizations and citizens for repairs. Within the framework of his authority, the manager may collect from the owners arrears of contributions and utility bills. Like the chairman, he also draws up reports and informs the board and owners of the costs.
Nuances
It is worth saying that the functions of the manager and chairman, despite the obvious similarities, have a number of differences. The head of the board, elected from among the owners, performs mainly representative tasks. It ensures the organization and conduct of meetings, records decisions made at them, and controls the work of the board.
The manager, in turn, interacts mainly with contractors, service organizations, the local administration, as well as with residents of the house. Both the chairman and the manager can work at MKD at the same time. The latter will be in a subordinate position.
Execution of contracts with executives
The chairman and manager are actually employees in the management bodies of the HOA. For their activities, they receive a certain reward. Of course, the relationship between the board and the chairman is not like labor. Nevertheless, a contract must be concluded with the person acting as manager.
It spells out the rights, duties, responsibility of the chairman, the procedure for resolving disputes, the rules for re-election, extension and early termination of powers, the amount of remuneration. Specific responsibilities can be fixed in the job description. Information about the chairman of the board should be reflected in the charter. It should be noted that the HOA is a legal entity, therefore all changes in the charter must be registered.
Conclusion
The chairman of the HOA is a citizen responsible for ensuring the implementation of the provisions of the charter. Moreover, he himself must fulfill his duties in strict accordance with the contract and job description.
To manage the HOA board is quite difficult. The subject holding the post of chairman must have strong nerves, because in the course of his activity he will have to meet different people and listen to a lot of complaints and complaints. In addition, it is necessary that he understand technical issues. After all, it bears responsibility for ensuring the correct operation of engineering systems. The chairman should be able to identify malfunctions, quickly connect specialists to their elimination. Redevelopment, installation of equipment in apartments, replacement of devices with more powerful ones and other work should be coordinated not only with neighbors, but also with the chairman. He is responsible for the safety of common property, ensuring the safety of residents.
The chairman makes most decisions on his own. However, situations are not excluded when, for the solution of a particular problem, the consent of all owners may be required. For example, the issue of increasing the amount of the overhaul fee should be decided by all tenants together. The feasibility of increasing the amount should be economically justified. If the owners agreed to increase the amount of deductions, they should see the real result from their investments. To do this, the charter of the HOA provides for the obligation of the chairman to annually report on the spending of money. This means that the head of the board must know the basics of accounting, be able to work with primary documents, process and reflect information.
Chairperson's reports must be reliable and complete. Do not forget that the tax office may at any time request them for verification.
Equally important is the level of legal literacy of the chairman. If necessary, he should be able to defend the interests of tenants in court and other instances. Conflicts may arise with service organizations, contractors, and other entities. The leader should be ready for them.