Concept
First of all, you need to figure out what kind of position this is - the head of the board.
By saying this, we mean the position of head of the management bodies of the HOA (Part 1 of Article 149 of the Housing Code), to which no one can be appointed, but only elected by an open meeting of the owners of the housing association.
At the same time, it is important that the members of the board are elected, and they then decide who among them will occupy this chair.
Find out on our website about the procedure for electing members of the board and its head, as well as how to re-elect the head of the HOA who is poorly performing his duties.
Availability of registration in the house
Only the owner of the property can be the head of the board ; this is provided for in Art. clause 1 art. 143, art. 149 of the Housing Code.
Another thing is that this person may not live at this address, but own one or more apartments - this is possible.
Registration in this house is also not necessary; what is important is the existence of property rights and, as a result, membership in the community of residents.
You can find examples of job descriptions for the manager and chairman of the HOA.
Who is the chairman of the HOA?
An HOA, like any organization, has a leader, who is the chairman.
As a rule, the chairman of the HOA can be someone who is elected to this post by the owners of residential premises that are directly related to the partnership, as well as members of the HOA board.
Of course, only board members who are elected by the owners from among those who have joined the HOA can participate in the selection of the chairman.
Is the chairman of the HOA an official or not?
The chairman of the HOA is an official. Its main task is to protect the interests of homeowners in authorities at any level. The document regulating its activities is a job description approved by the board members directly of the HOA. In addition, the activities of the chairman are regulated at the legislative level by the Housing Code of the Russian Federation.
Power of attorney
Clause 2 art. 149 of the RF Housing Code states that a person who becomes the head is vested with all powers by decision of the meeting and the board, and he does not need any power of attorney .
However, the board, headed by the chief, has the right to hire employees without going beyond the designated limits of salary expenses (clause 5 of Article 148 of the RF Housing Code).
If among the members of the cooperative there was no person free in time, literate, well acquainted with economics, accounting, charisma and initiative, and necessarily organizational skills with elements of oratory, the gift of persuasion, then the person who, by the will of fate, became the owner of this chair will not be able to independently decide all questions regarding the activities of the residents' community.
In this case, or when the partnership’s economy is of a substantial size , the board can hire a manager under a hiring agreement (clause 10, paragraph 2, article 145 of the RF Housing Code, article 421 of the RF Civil Code), who can generally be a person for the partnership “ left” , but a professional in the field of housing and communal services, and will work in tandem with the head.
In this case, to make serious transactions and sign papers with third parties, the manager will need a power of attorney, which will be issued by the chairman. Thus, the manager will begin to manage by proxy (Chapter 10 of the Civil Code of the Russian Federation).
A sample power of attorney from the chairman of the HOA to represent his interests.
Why the UO may be interested in creating a house council
The benefit for the MA from the work of the chairman and the entire house council stems from their basic powers. The Chairman of the MKD Council has the right to:
1. Negotiate with the management company on behalf of the owners on the terms of the management agreement before its conclusion or on proposed changes (clauses 1, 2, part 8, article 161.1 of the Housing Code of the Russian Federation).
It is easier for a management organization to discuss a draft agreement or changes to it with one person than with all the owners. The chairman will discuss the agreement with the management company in advance and will be able to convey its main theses and conditions to the owners at the OSS.
2. Sign a management agreement on behalf of the owners on the basis of the powers of attorney issued to him (clause 3, part 8, article 161.1 of the Housing Code of the Russian Federation).
The management company will be able to save time and resources if the management agreement or an additional agreement to it is signed by one person on the part of the owners. There will be no need to print additional copies and send documents by mail to each owner without a guarantee of receiving them back.
3. Sign acceptance certificates for work and services performed or provided by the organization under a management agreement, as well as monitor the performance of work and provision of services (clause 4, part 8, article 161.1 of the RF Housing Code).
Having established constructive work with the council of the apartment building and its chairman, the management authority can always talk with them about any shortcomings and shortcomings made during the maintenance and repair of the common property of the house.
If the chairman of the council is elected in the house, then his responsibilities include signing acts of acceptance of completed work from the management authority. You can agree with the chairman of the MKD council to send him acceptance certificates by registered mail once a year, and approve these conditions at the general meeting of owners.
4. Appears in courts on issues of managing the house and providing utilities on behalf of the owners on the basis of a power of attorney (clause 5, part 8, article 161.1 of the Housing Code of the Russian Federation).
It is always easier to conduct any disputes with one person than with several, so management organizations will benefit if the chairman represents the interests of numerous owners of premises in the house.
5. Resolve issues regarding routine repairs of common property and other issues with the consent of the general meeting of owners (clause 6, part 8, article 161.1, clause 4.3, part 2, article 44 of the Housing Code of the Russian Federation).
Drawing up a plan for current repairs for the year will become easier if it is approved only by the chairman of the council or the council of the apartment building.
The council of the apartment building, along with monitoring the management's execution of the management agreement and the execution of decisions of the general public association, performs information and analytical functions. The council brings important issues and proposals for managing the house to the owners for discussion, and annually reports on the work done (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).
Selection and legal status of the MKD council
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Requirements
Not every apartment owner can take this position; the candidate must have certain knowledge, skills, experience, and abilities .
A citizen with a higher or secondary education in the field of housing and communal services or construction, and with experience in the same position for at least 1 year, can be elected to this position. Training in special courses is required (if there are any in the locality).
Such work requires not only a university diploma, but also:
- ability to work with people;
- understand the mechanism of financial activities of the partnership;
- the courage to take responsibility for the fate of residents, making decisions and signing agreements, obligations, bank debt papers, etc.;
- the ability to negotiate with service providers and contractors, that is, the possession of communication skills and charisma, without which it is impossible to resolve issues at all levels, including in city or town government bodies.
This official has a lot of responsibilities
If no suitable candidate is available
In order to manage an apartment building, it is not enough to be the owner of the apartment. What is needed are the qualities of a manager, the presence of which will ensure effectiveness and optimal solution to current problems. Additionally, the person must have experience or education in the management of an apartment building. Therefore, a situation may arise that among the apartment owners there is no person who could be elected to the board.
Possible reasons are:
- unwillingness to be responsible for the whole house;
- lack of an experienced candidate;
- the current chairman is unable to cope with his responsibilities.
Then it is necessary to resolve the situation in which the chairman of the HOA may not be the owner of the apartment, but a competent manager. In this case, it is possible to attract an employee, an experienced manager. He is allowed to not own an apartment . In this case, the manager will report to the chairman, but perform a certain range of work.
The differences between the positions are presented in the table.
| Chairman | Manager |
| Selected by a meeting of premises owners | Works under a contract (labor, civil law), invited specialist |
| Cannot be combined with any other position | Can work in several HOAs |
| Subordinate to the general house meeting | Reports to the Chairman |
| Manages all employees and manager | Manages and controls employees and their work |
| Elected for the term specified in the Charter | The term of work corresponds to the term of the employment contract |
The common points for these positions are: the presence of a job description, which specifies rights and responsibilities, and receipt of remuneration. In the case of an HOA, the organization has a chairman and an experienced manager. The head of the HOA is the owner of the premises; the invited specialist does not need to comply with this condition.
What to do if you are chosen as the chairman of the HOA - not the owner of the apartment
In the event that an unsuitable candidate is selected for the post of head of the HOA board, a house-wide meeting must be initiated to re-elect the chairman. The voting results are documented in the election protocol.
To transfer powers, the new chairman with a set of documents (election protocol, Charter of the partnership, passport, application) must go through the registration procedure with the local government body.
Is it profitable to be a boss?
The head of the board works for a fee, which is paid by residents from their contributions, and in return they always want to have:
- light, heat, electricity;
- constant hot and cold water, excellent sewage system;
- uninterrupted operation of the elevator;
- timely removal of household waste;
- clean, renovated entrances, courtyard, adjacent roads;
- sidewalks sprinkled with sand in winter;
- leak-free roof and much more.
What is it worth to see residents alone! The position of the head of a partnership cannot be called particularly lucrative; it is a difficult and troublesome job , for which eight hours a day is never enough.
The answer here is clear: no, it’s not very profitable, plus there are continuous problems with the life support of the house and eternally dissatisfied residents.
If training courses?
Idle talk that there are courses upon completion of which you can become the head of a community is not entirely true.
Are there training courses for chairmen? No, such courses do not exist , courses are short-term lectures and seminars that cannot, over the course of several days or even weeks, provide a systematic amount of knowledge that is acquired upon graduation from a university.
For advanced training?
Yes, within the framework of regional preparatory programs, short-term courses are organized and conducted to improve the qualifications of heads of residents' communities.
It provides information on particularly important topics relating to financial issues, accounting, working with debtors, etc. Upon completion of the course, a certificate indicating that the person has attended the course.
It should be understood that courses alone are not enough to become the head of the HOA board. In addition, not all regions have implemented this preparatory program, and in small localities such training is often lacking.
