Don't be lazy to be active! How is the chairman of the house council elected? Interaction between the house council and the management company, as well as the pros and cons of various forms of management

It is quite difficult to create favorable conditions for trusting relationships between clients and management structures when there is no intermediate organization that shares the interests of both parties. Such a connecting link is the SMD (council apartment building). Chairman MKD council solves pressing issues and guides the work of state housing structures.

Every apartment building must have its own MKD council. There can be no council only when there is already a housing or consumer cooperative, as well as a partnership. In the case where the residents did not create a council and did not choose Chairman of the Board of MKD, the management company is obliged to organize OSS ( general meeting owners) within three months. The main problem The OSS will be the absence of the MKD council, the main task is to solve this problem.

According to these laws Russian Federation any apartment building is required to acquire a council and a chairman of the council of the apartment building (in the case where the building is not under the trusteeship of the HOA or another organization performing the same functions).

What is the benefit of such a governing body? Undoubtedly, he defends the rights and wishes of the building's residents. The responsibilities of the chairman of the council of apartment buildings are as follows: checking the proper performance of the management company (MC) of its work, organizing the order and repair of common premises, assessing the company’s obligations to the owners.

It turns out that the council of apartment buildings must monitor the compliance of the management company with bilateral acts, and also assess the degree of satisfaction of residents with the work done.

The election of the chairman of the MKD council consists of the election of one of its members. This happens at an organized meeting of residents.

The general meeting of owners is held in this order.

The MKD Council sets the task of solving problems with the creation of organized self-government. It is possible to begin to resolve this issue only when the council gathers 50% or more of its members (that is, owners of premises over 16 years of age).
Such a meeting (as well as the election of the chairman of the MKD council) can be organized either by a group of residents or by an individual owner (according to housing laws RF).
The intended date, as well as the time of organization of the general event, must be known to all owners at least a week before the meeting.
The chairman of the MKD council, as well as its secretary, can be any owner or resident of an apartment building elected by voting at a general meeting (it is worth noting here that if the chairman of the MKD council is not the owner, the election procedure, as well as his powers remain unchanged).
The final acts of the event are certified by both the secretary and the chairman. The same applies to the minutes of the meeting, which are subsequently sent to the state authorities. housing authorities, as well as to the management organization. Review of the extract can last up to thirty days from the date of transfer of the document to the head of the administration. After the procedure for reviewing the extract, he sends to the chairman of the MKD council a certified act (certificate) confirming the position of the chairman.
The law establishes that more than half of the participants in the general meeting must vote for a candidate for chairman of the MKD council. Only then does the candidate acquire this position.

According to the legislation of the Russian Federation re-election The position of chairman is carried out once every 2 years (the council can independently determine the frequency of the re-election procedure). The rights and obligations of the chairman of the MKD council lose legal force before the elected date for two reasons:

if the chairman himself expresses a desire to leave this position;
if more than ¼ of the total number of participants in the meeting votes for his resignation.

The conclusion on the resignation of the chairman of the council of the apartment building, his re-election, as well as the organization of the council of the apartment building, adopted at the general meeting, the residents of the building are obliged to transfer to the management company (or contractor) with which the cooperation is being carried out.

Basic and additional powers of the chairman of the MKD council

Basic powers of the chairman of the house council

Dissemination of work plans outlined by the management company to the residents of the house.
Certification of acts of maintaining order on the part of residents, as well as on the part of the management organization (MA) (signing of acts of work performed by the chairman of the council of the apartment building).
Developing fixed periodic payments with the residents of the house for maintaining order and for repairs of common premises. Determination of terms and conclusion of agreements regarding mandatory repair work.
Jointly with the general meeting of residents, solving problems related to the dissatisfaction of individual owners regarding the repairs carried out, if any work was not specified in the agreement with the management company.
Maintaining trusting relationships between residents of an apartment building managing organization.
Control over the establishment of relationships between the management authority and inspection structures (under the agreement with the management company).
Creation (together with the MA) of a reporting plan for the concluded act. This procedure must be carried out annually. In addition, the chairman of the council of apartment buildings must monitor the proper fulfillment by the management organization of all conditions relating to the delivery of this or that information to the residents of the building.
Signing documents on services provided with the MA (that is, the contractor).
Collection of funds from unscrupulous owners who have debentures in front of housing and communal services.
Familiarization of the residents of the house with the proposed agreement with the management organization. The chairman of the MKD council must make sure that all residents agree with the terms of this agreement with the management company.
A joint decision with the general meeting on the selection of a specific MA (or contractor) that could provide high level service.

Additional powers. Residents of the house have the right to assign them to the chairman of the council of the apartment building by signing an appropriate agreement with the management organization, government agencies or a contractor company. Moreover, according to Article 185 Civil Code In the Russian Federation, a trust document can be issued for the chairman of the board of MKD. The power of attorney is signed only by the chairman, but it indicates all owners who have agreed to this procedure.

Rights of the management company and responsibility for violations

Rights of the chairman of the MKD council: what the chairman can and cannot do

In the event that no agreements have been signed with the management company, the chairman of the board of the apartment building appears to the HOA as an authorized person whose activities are controlled by the Labor Code of the Russian Federation.

Sometimes an agreement assigns some rights to organize activities in an apartment building to the HOA. To be able to sign employment contract, authorized to the position of chairman must be in the database of the Unified Register of Legal Entities. In this case, the chairman of the council of the apartment building has the following options: in agreement with the general meeting of residents, select workers who will do the repairs; during the occurrence of various accidents, be in someone else's residential premises (exclusively with the permission of the owner of this premises).

In addition to the above, the rights and responsibilities of the chairman of the MKD council may include the purchase of tools for repair work, as well as the payment of fixed payments from the owners. In addition, the chairman of the council of apartment buildings can choose a contractor company and provide the residents of the house with certificates approved form, involve owners of premises in court proceedings regarding evasion of their duties, as well as other offenses. An official cannot spend funds on work that has not been agreed upon by all owners of the premises. Staying on someone else's property without the permission of the owner of the premises is considered a criminal offense.

Represent the residents of the building in court proceedings (if there is an appropriate power of attorney) regarding the maintenance of the building, as well as the service provided by the MA.
Monitor the proper fulfillment of all obligations of the management company, as well as approve all documents for the delivery of renovated premises.
Solve all pressing problems assigned to him for consideration by the OSS.
Sign the management act. Residents' consent on this issue must be expressed by a trust document or a written decision of the council.
Familiarize all residents with the agreement between the council and the management organization.
Directly conduct a dialogue with the management company on issues of building maintenance, adjusting the terms of the contract if they do not suit the residents of the apartment building.

The chairman of the council of the MKD exercises control over the work performed by the general meeting, and also reports to the council on his own activities.

Minutes of the general meeting of owners: how to draw up according to the new requirements

Why might a power of attorney be needed for the chairman of the board of MKD?

The Chairman of the MKD Council does not perform duties management company, he conducts his work as an official representative of the council of an apartment building, and also controls the decisions of the general meeting and reports exclusively to the council of residents.

The range of issues resolved at the residents' council can be expanded by their own decision. The competence of the chairman does not have such a “privilege”. However, the chairman of the MKD council can still assume some additional powers if they are enshrined in a power of attorney agreed upon with all residents.

According to the Civil Code of the Russian Federation, in the absence of such a deed of trust (power of attorney), the chairman does not have the right to assume additional powers. He can only resolve issues established by law: participation in drawing up an agreement with the management company, familiarizing all owners with this agreement, resolving situations where residents do not agree with the points of this document. Representing the interests of residents of an apartment building, the chairman of the MKD council conducts a dialogue with the management, informing the owners about the results of the negotiation process. In addition, he has the right to monitor the proper implementation of all necessary work established in the agreement with the management organization. If the agreements are ignored by the company, the chairman is obliged to send a document to the LSG structures, which must indicate all violations (on issues of service, repair work, as well as on issues of dishonest provision of public services).

The chairman of the council of apartment buildings, who has a deed of trust from the owners of the premises, can:

represent the interests of residents in court proceedings on issues related to the implementation of repair work by the management authority, as well as the provision of premises with utilities;
sign documents for the delivery or acceptance of services provided or repair work on premises in common use; documents confirming the identification of violations, poor quality or untimely fulfillment of the management company’s obligations; documents confirming the fact that public utilities were not provided at all (or were not provided in full);
draw up documents with the management authority or contractor company when these bodies are selected at the council of residents;
certify building management acts with the management authority.

Additional powers of the MKD council, as a rule, are enshrined directly in the power of attorney.

Worth bringing example. On October 2, 2013, the judicial body of the Saratov region considered case No. A57-5190/2013, which stated that “the chairman of the council of MKD has the right to carry out activities in the interests of the general meeting on the following issues:

draw up an agreement for the provision of services and carry out repair work in accordance with the decision of the residents’ council, certify it on behalf of the owners, monitor the proper fulfillment by the management organization of its obligations and the terms of this agreement. In addition, the chairman of the council of apartment buildings has the right to approve documents for the delivery of repair work, the provision of utilities, the acceptance and transfer of passports for preparing the building for use during the cold season, as well as inspection reports for an apartment building;
conduct a dialogue with the management company on the points of the document for the provision of services and carrying out repair work on premises in common use, until the council agrees to sign this document.”

Comparison of methods for managing an apartment building

In what order is remuneration paid to the chairman of the board of MKD?

According to the Housing Code of the Russian Federation, the chairman of the apartment building did not receive any money until June 30, 2015, since this issue was not regulated by the legislation of our country. After this date, amendments appeared in the legislation of our country (in accordance with Federal Law No. 176 of June 29, 2015) approving the payment of remuneration to the chairman of the MKD.

Now the Housing Code of the Russian Federation establishes the amount and terms of payment of these funds. According to clause 8.1 of Article 161.1 of the Housing Code of the Russian Federation, the council of residents has the right to approve the payment of wages to the chairman of the council of apartment buildings, as well as its participants.

The decision to pay remuneration must include:

the amount of payment of funds to the chairman of the MKD council;
duties for the fulfillment of which such payment is made.

These decisions are made at a general meeting of residents. The law does not oblige the council to approve the payment of remuneration. This issue must be put to a general vote, the results of which are determined by the decision of more than 50% of the owners (for or against).

The MA does not pay remuneration to the chairman of the MKD council if the majority of the council members voted “against”. All obligations of the management company are established in articles 161 and 162 of the Housing Code of the Russian Federation. This list does not contain an obligation to pay any money to the chairman of the MKD council.

The management company must decide on organizing a general meeting of residents, and also monitor the proper fulfillment of its obligations to the owners. This means that there may be no reward at all. The legislation establishes that the management company, for certain reasons, has the right not to pay remuneration to the chairman of the council of the MKD in the event that the negotiations did not reach a decision on the terms of the contract that would suit both parties.

If the general meeting approved the payment of remuneration, owners must reflect in the document following:

the amount of payments to the management company for the provision of services to residents in organizing and paying remuneration to the chairman of the council of the apartment building;
organization and dates of reporting by the management company to the residents of the apartment building on the amount provided to the council (in accordance with Article 1008 of the Civil Code of the Russian Federation);
the amount of payments to individual board members or exclusively to the chairman of the MKD board;
deadlines for payment of remuneration;
a list of council members applying for payment of this remuneration;
terms of payments assigned to the board of an apartment building. The amount can be indicated in a specific payment act or in a document of general payments indicating the name of the payment;
granting powers to the management company, which must, in the interests of residents, pay this remuneration, the procedure for calculating it is established directly at the general meeting of owners.

The management company, as a rule, is an intermediary organization standing between the residents of an apartment building and the council of owners. The law does not provide for an indication in the contract of a specific amount of remuneration for the chairman of the council of apartment buildings, however, residents are still required to pay it to the management organization.

To avoid dissatisfaction on the part of the inspection commissions that control the taxation procedure, it is necessary to stipulate in the contract the amount of remuneration transferred by the management company. In addition, according to the approval of the council of owners, the management company is obliged to report to them on issues of spending the accrued amount of money.

The management company must pay certain taxes and insurance payments(in the case when she is an intermediary between residents, the council and the chairman of the council of the apartment building).

Personal income tax is calculated by the council from the amount of money paid. The meeting of owners has the right to collect a sum of money from the residents, since the process does not take place on the basis of a contractual act. The management company does not make this payment.
Insurance benefits are not provided to the council. The management organization, acting as an intermediary and acting in the interests of the residents, has no obligations to the meeting and the chairman of the council of the apartment building.
Income tax is charged on the amount allocated by residents from agency funds. No income tax is charged on funds allocated as remuneration.

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How can the chairman of the MKD board plan his activities?

Conducting the activities of the chairman of the board of MKD is not an easy task. In order to competently organize the solution of all pressing issues, it is necessary to create a list of responsibilities of this official. It is advisable to review the list every month. The chairman of the MKD council must monthly monitor the implementation of cleaning work in the surroundings of the building and front doors. In autumn it is extremely important to spend everything necessary work(insulation of windows, front doors and balconies (if any)) so that the building is ready for use in winter.

In addition, the chairman of the council of apartment buildings must assess the condition of the building’s roof, basement premises, electricity and water supply of the apartment building every month. If he notices any violations, he needs to draw up a report with a list of all existing defects, as well as fill out an application for repairs.

The Chairman of the MKD Council needs to assess the condition engineering systems together with the manager of the apartment building. Experience proves that often the chairman of the board of MKD entrusts the assessment of systems to the manager, since he himself does not understand the mechanisms of their operation. Every month it is necessary to receive the owners of the premises and fill out the applications they have submitted, as well as resolve issues with residents’ claims on certain issues. The chairman of the MKD council must review all documentation provided by the owners.

If the situation requires it, the chairman of the council of the apartment building must formalize his consent to the installation and replacement of engineering systems, connection of household appliances in the premises (for example, water filters that do not have a technical passport). As a matter of urgency, the chairman of the MKD council is obliged to draw up documents regarding consent to the redevelopment of the property owners. This documentation is prepared through a special commission, which must also check and certify everything Required documents. If during an accident the owners did not contact the HOA, the chairman of the MKD board is not responsible for the damage caused. In the event that the chairman is simply not available during his working hours, all responsibility falls on him.

Licensing of management companies: documents, exam, control and cancellation

Question 1. How are additional powers of the chairman of the MKD council, not enshrined in the law, certified? Housing Code Russian Federation?

Answer. All duties of this position are enshrined in Part 8 of Article 161.1 of the Housing Code of the Russian Federation. Part 4.3 of Part 2 of Article 44 of this Code establishes that the council of owners of an apartment building has the right to transfer to the chairman of the council of apartment buildings the functions of a leadership position not listed in part 5 of Article 161.1 of the Housing Code of the Russian Federation (these functions do not include those assigned to the council of residents of an apartment building Houses).

According to clause 6 of part 8 of article 161.1 of this Code, the chairman of the council of apartment buildings can independently consider the problems assigned to him by the council of residents. The approval of the transfer of such powers is established by clause 4.3 of part 2 of article 44 of the Housing Code of the Russian Federation.

Consequently, the chairman of the council of the apartment building, endowed with such functions, can take personal responsibility for various issues, assuring their consideration in the minutes of the council of the apartment building.

Question 2. Can the chairman of the council of apartment buildings approve agreements regarding the maintenance of an apartment building on behalf of the residents of this building?

Answer. Clause 3 of Part 8 of Article 161.1 of the Housing Code of the Russian Federation establishes that a power of attorney allows the chairman of the council of apartment buildings to approve contracts (specified in parts 1 and 2 of Article 164 of this Code) on behalf of the residents of the premises, if the members of the council approved such a procedure.

Clause 4.3 of part 2 of article 44 of the Housing Code of the Russian Federation indicates that the council of residents of an apartment building has the right to delegate to the chairman of the council of apartment buildings the functions of considering issues not specified in part 5 of article 161.1 of this Code (this list does not include functions related to the powers of the council residents of an apartment building).

According to clause 6 of part 8 of article 161.1 of the Housing Code of the Russian Federation, the chairman of the council of apartment buildings has the right to assume the powers specified in clause 4.3 of part 2 of article 44 of this Code on behalf of the residents of an apartment building.

It turns out that the approval of contracts on behalf of the residents of an apartment building is not enshrined in the Housing Code of the Russian Federation. In this case, you can draw up a trust deed (in accordance with Article 185 of the Civil Code of the Russian Federation) in the name of the chairman of the council of the MKD, which will include the powers transferred to him by the general meeting of owners.

Question 3. For the position of Chairman of the Council MKD meeting decides to appoint a man who does not have the right of ownership (the owner of the property is, for example, his father) to the premises of an apartment building, but who has been living in it for quite a long time. Can he become chairman of the MKD board?

Answer. According to Part 1 of Article 161.1 of the Housing Code of the Russian Federation, if the apartment building does not have a HOA, or the building is not under the guardianship of another body with similar powers, if the building contains more than 4 delimited residential premises, then the council of residents must choose Chairman of the ICD, who is the rightful owner of the living space.

Part 6 of Article 161.1 of the Housing Code of the Russian Federation states that the chairman of the MKD council is elected by the OSS.

This means that a person who is not the legal owner of the residential premises of an apartment building cannot become the chairman of the council of an apartment building.

Question 4. Does the chairman of the council of the apartment building, vested with specific functions at the general meeting, have the right to sign an act of completion of work on the common building area with the management company, if the prices for services are set by the company itself?

Answer. The Housing Code of the Russian Federation establishes the procedure for establishing the amount of payment for maintenance and repair work of a common area when the council of residents of an apartment building has not decided on a specific amount. In this case, in accordance with Part 4 of Article 158 of the Housing Code of the Russian Federation, this amount is fixed by the structures of local self-government. This amount is established by the homeowners' council if it does not have a homeowners' association or other organization with similar powers. The amount of payment is approved in accordance with Articles 45–48 of the Housing Code of the Russian Federation. The amount may change depending on the conditions of the management company. The amount of payment (in accordance with Part 7 of Article 156 of this Code) must be fixed for a year (at least).

The rights and responsibilities of the chairman of the MKD council are spelled out in Article 161.1 of the Housing Code of the Russian Federation.

Clause 2 of Part 5 of Article 161.1 of the Housing Code of the Russian Federation states that the council of an apartment building has the right to submit the issue of the amount of payment for maintenance and repair work to the OSS for consideration (taking into account the conditions of the management organization). In accordance with paragraph 3 of part 8 of article 161.1 of the Housing Code of the Russian Federation, the documents included in parts 1 and 2 of article 164 of this Code are approved by the chairman of the council of the apartment building by means of a trust document. All conditions for signing contracts must be indicated directly in this power of attorney.

This means that the work of the chairman of the MKD council regarding the approval of various documents on the management of premises common use according to the rates of the Criminal Code, it will be eligible only if all the conditions specified above are fulfilled at once.

This topic is quite complex. When reading Article 161.1 of the Housing Code of the Russian Federation, one gets the impression that the rights and responsibilities of the chairman of the apartment building are spelled out in very difficult language. But the point is this: the article does not trace a clear procedure for indicating the powers for this position. This is where the issues of his responsibilities as head of the council and as a representative of the legal owners intertwine residential areas, which must already be indicated in the power of attorney.

In addition, it seems that the powers of the chairman of the MKD board can be practically unlimited if a power of attorney is issued to him. If we consider the activities of the chairman of the council of apartment buildings as the head of this body in an apartment building, then his functions are closely related to the functions of the council itself. It turns out that if the council has the right to monitor the fulfillment of the obligations of the management company, and its chairman has the right to approve all documents, what conclusion can be drawn? The OSS monitors execution and ultimately makes a conclusion whether the obligations have been properly fulfilled or not. And the chairman of the council of the MKD approves a document certifying the proper implementation, for example, of repairs, or a document that contains an indication of the poor-quality results of the activities of the management organization.

It is worth raising the issue of a power of attorney issued in the name of the chairman of the board of the MKD. Signing this document, any legal owner of the premises does this on his own behalf. He delegates certain powers to the chairman of the MKD council, which must be directly indicated in such a document. It turns out that this issue could not be addressed in housing legislation at all, because such a document can be issued to the person determined by the legal owner himself.

This means that the chairman of the MKD council must distinguish between the following: his work as an authorized representative of one or another owner and his work as a manager who decides general issues, provided for by law. It turns out that you need to understand whether the chairman of the council of an apartment building is acting on the basis of a power of attorney or on the basis of the rights of the council of an apartment building. It also happened that the chairman of the council could certify this or that act without coordinating it with the owners, which, of course, should not be allowed.

The chairman of the MKD council needs to clearly know his rights and responsibilities, because responsibility for exceeding his powers rests solely with him.

Council of an apartment building (MKD) - procedures for selecting its participants, their rights and obligations. Regulations on the council, minutes of working meetings and other papers. Chairman of the Council, his powers and remuneration.

from the article you will learn:

Owners of apartments in multi-storey buildings have to jointly solve various everyday and organizational issues. If an apartment building is managed by a homeowners association or housing cooperative that controls a single building, then all problems that arise are dealt with by the board of this organization. A completely different situation arises when operating a management company or directly managing the forces of citizens who own apartments. In these two cases, the owners themselves must understand the problems that arise and look for solutions.

The presence of a management company does not guarantee that it will delve into all the issues that concern apartment owners. The management company usually has many houses under its control. She deals with general organizational issues. Timely designate before the management company actual problems and the council of the apartment building must monitor their permission. The possibility of forming this body is stated in Article 161.1 of the RF Housing Code.

Useful materials on the topic:

The council is a legalized form of association of apartment owners, the possible actions of which are enshrined in the Housing Code. This body represents an intermediate link between the management company and the owners of the premises.

The MKD Council is not recognized as a legal entity. For this reason, he cannot have a current account, a seal and many other attributes. However, this does not reduce the effectiveness of the advisory body. If its participants act actively and harmoniously, then they can seriously influence how the management organization will work in relation to their home.

The main responsibility of the council of an apartment building, within the meaning of the relevant articles from the Housing Code of the Russian Federation, is considered to be control of the work of the management company. Many apartment owners do not understand why there is such duplication of powers. We have already explained this point. It is best to formulate the tasks that require priority solution by the people themselves living in the house being serviced.

Members of the MKD council indicate to the service organization the following points:

necessary actions as part of ongoing repairs;
proposals for updating the interior utility networks;
required work to improve areas around the house;
proposals to improve the quality of provided housing and communal services.

With the participation of the council, a management agreement for the management company and agreements concluded with resource specialists are prepared. He prepares a plan for his work for the year and then reports to the owners of the premises on what has been done. Activities are planned taking into account the necessary costs. When drawing up the plan, the possibility is taken into account financial security of one kind or another.

The election of the MKD council takes place within the framework of a general building meeting. Here you need to follow a certain order. It all starts with preparing for a meeting of people who own premises in a multi-storey building. They must receive notification from the initiators of the event 10 days before the designated date.

Notice of the upcoming meeting is sent to by registered mail. This rule applies if another possible form of notification has not been approved at some previous meeting. You can choose a simpler method. For example, this could be posting notices on information stands installed at each entrance.

The notification indicates the date of the event and its agenda - voting for members of the MKD council and its chairman. Based on the results of the meeting, a protocol is drawn up. Council members are selected from the owners of apartments in the building. Their number regulatory documents is not regulated; in each case it is determined individually. The maximum term of office of the council is 2 years, after which a new meeting must be held.

If residents want to control the work of the council of an apartment building, then they themselves need to attend to the issue of its formation. Otherwise, representatives of the management company or local administration. In such a situation, the council will most likely include people loyal to the management organization or the municipality.

When creating the MKD council, regulations are adopted that determine the work of this body. This standard document, which states:

general provisions;
goals and functions of the council;
composition and procedure for the formation of this body;
duties of its chairman;
functions of the owners' commission;
the work procedure of the council;
organization of office work;
rules of interaction with the management organization and owners, and other necessary items.

On the page you can familiarize yourself with a sample of this provision, as well as other papers that are used in the creation and work of the council.

The situation in each specific case is adjusted to the needs of the owners. It can contain your specific features regarding the election procedure and the competence of the council of an apartment building.

The main task of the council is to protect the interests of owners in relations with the management company. In particular, this body monitors the quality of provided public services. If it does not comply with the standards, then a demand is sent to the Criminal Code to correct the situation.

Members of the council of an apartment building have the authority to sign various acts regarding the condition of the premises and the conduct in them various works. Preparation of current and overhaul takes place with their participation.

Another important function is the signing of acts when recording damage caused to apartments. In case of flooding, fire and others emergency situations you need to immediately describe what happened and record the damage caused for its subsequent recovery from the culprit. The management company is often removed from these actions. In this case, members of the MKD council are involved, who in such incidents can duplicate the functions of the management organization.

A public body can raise any pressing issue and hold general meetings of owners to resolve it. The council controls, among other things, the funds spent on maintaining the house. Its members have the right to carry out audits of costs incurred on a voluntary basis.

Each meeting of the council of an apartment building is recorded, for which you can use general shape document. The protocol notes:

house address;
members and other persons present;
agenda;
decisions made.

When taking minutes, persons speaking with questions submitted for discussion may be noted. They are usually the initiators of solving some problems. If someone comes forward with additions to the positions expressed, then this is also recorded. Speakers may be asked questions. Their content and the names of the people asking are also recorded in the protocol.

Legislatively, questions about how and in what amount the chairman of the council receives remuneration are not specified in any way. At the same time, a person has a large list of obligations and bears serious responsibility. In most cases, no one has any doubt that his work must be paid, although the post is elective and the work is carried out on a voluntary basis.

The issue of payment for the activities of the chairman of the council of an apartment building is decided at a general meeting of apartment owners. Funds for payment of remuneration are collected from the residents of the house. This item is indicated on the receipt. It is usually included in the content section common property. It appears separate line, which is spelled out - payment for the activities of the chairman of the house council.
It is the chairman who carries out most of the work related to the implementation of the duties of the MKD council. For this reason, the functions of this body and the leading person largely overlap. In particular, the chairman, for funds received from residents, performs the following work:

is working on an apartment management agreement with the management company at the stage of its preparation. The chairman is the representative of the residents, so he can adjust various points of the agreement in their interests;
communicates the terms of the agreement to the owners at the next general meeting;
signs a management agreement if the owners of apartments in an apartment building have vested him with such powers;
controls the performance of the management company’s duties;
signs the acceptance certificate for work performed by the management company;
by proxy from apartment owners, he acts at court hearings during the hearing of disputes related to the process of managing a multi-storey building and the provision of utilities.

The active chairman of the board of MKD often, after gaining the necessary managerial experience, takes the initiative creation of a homeowners association in a specific house. To refuse the services of a management company and create a partnership, a decision of the general meeting of owners is sufficient. However, the situation develops this way quite rarely. Usually the chairman exercises his rights in terms of monitoring the activities of the management company and defending the interests of residents who pay for his efforts.

The list of powers available to the MKD council is determined by the same article 161.1 of the Housing Code of the Russian Federation. It is important to clarify that the council, in accordance with the Housing Code, is not a governing body. This is a public body. If there is no housing cooperative or homeowners association in an apartment building, then management decisions can only be made by a general meeting of owners of apartments and non-residential premises.

The creation of an apartment building council does not mean that it receives any management powers. The task of this body is to prepare various proposals. They are subsequently considered at the meeting and accepted or rejected. Council members study and prepare proposals in advance so that owners can make competent and informed decisions based on them. After decisions are made, the MKD council monitors their implementation.

The Housing Code describes in detail the powers of the house council and its chairman, but still many things used in real life remain unexplained. That is why the regulations on the council are adopted at the general meeting. We reviewed this document in one of the previous paragraphs. The purpose of the provision is precisely to approve a certain set of powers that are vested in the council of an apartment building.

The regulation is an internal governing document for the house, which helps organize the work of its maintenance and service.

Attached files

Regulations-on-council-MKD.doc
Minutes of the meeting of the council mkd.doc
Charter of the House Council.doc
Power of attorney for the chairman.doc

In today's article we decided to talk about legal status And election of the MKD council. In general, what is this organ, is it needed and how to choose it if necessary? Perhaps advice at home is not needed at all and just initiative group or a meeting of premises owners to resolve issues on the agenda?

The MKD Council is a body that protects and defends the interests of the owners of premises in the house. The house council can be elected by decision owners of premises in apartment buildings in the apartment building that is managed by the Criminal Code (Part 1 of Article 161.1 of the Housing Code of the Russian Federation). That is, if a TSN, housing cooperative or other specialized consumer cooperative has been created in the house, then the MKD council can no longer be elected.

The MKD Council is elected for 2 years, unless a different period is established by the decision of the OSS (Part 10, Article 161.1 of the Housing Code of the Russian Federation). He can be re-elected at a general meeting of owners. The number of members of the council of apartment buildings is determined by the decision of the general meeting of premises owners (Part 4 of Article 161.1 of the Housing Code of the Russian Federation).

The decision to elect the MKD council is made within a year from the moment the house is put into operation. If the decision is not made or not implemented, then the local government body convenes within 3 months general meeting of owners of premises in the apartment building to select the council of the MKD (Part 2 of Article 161.1 of the Housing Code of the Russian Federation).

Apartment building council Maybe:

ensure compliance with the decisions of the OSS;
propose to the owners the procedure for using common property, a plan for organizing work for its maintenance and repair, discussing issues of competence of the MKD council;
control the performance of work and the provision of services for the maintenance and repair of common property in the apartment building, as well as the quality of the provided utilities;
propose a report on the work done during the year for approval at the annual general meeting of owners;
approve the decision on current repairs common property in the MKD, if it was adopted at the OSS by a majority vote (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).

To select an MKD council, you need to use the following algorithm of actions.

Step 1 Initiate a general meeting

The initiator can be any owner of the premises in the apartment building. He must formulate agenda items on the selection of the house council and its chairman, form a list of candidates, determine the date, place and form of the OSS, notify all owners about the meeting (Parts 2 and 5 of Article 45 of the Housing Code of the Russian Federation). To prepare the organization and holding a general meeting of owners It would be advisable to create an initiative group.

Step 2 Inform the owners about the general meeting

10 days before the date of the general meeting, each owner of the premises in this building must be notified. The notice of the OSS can be delivered personally to the owner against signature or sent by registered mail. By agreement with the general meeting of premises owners, you can post a message about the OSS in a publicly accessible place at home (Part 4 of Article 45 of the Housing Code of the Russian Federation).

Step 3 Holding a general meeting of owners

General meeting of owners of premises in apartment buildings can be carried out in the form of full-time, part-time and part-time absentee voting(Article 44.1 of the Housing Code of the Russian Federation).

If the OCC is held in person, all participants in the meeting must be registered. If a quorum is reached, then the issue of electing the MKD council and its chairman can be considered (Part 6, Article 161.1 of the RF Housing Code).

If a quorum is not reached, an absentee vote is held. Each owner is given a ballot indicating the agenda items that need to be resolved. Owners must submit their written decisions to the place and address indicated in the notice of the OSS (Part 1 of Article 47 of the Housing Code of the Russian Federation).

If the owners decide at the general meeting, it is possible to conduct an OSS on this issue in form of absentee voting using GIS housing and communal services (part 1 of article 47.1 of the Housing Code of the Russian Federation).

The general meeting on the issue of electing the MKD council can also be held in the form of absentee voting with the possibility of in-person discussion of the agenda and absentee decision-making (Part 3 of Article 47 of the Housing Code of the Russian Federation).

The decision to select the MKD council and its chairman is considered adopted if the majority of OSS participants vote for it. The decision to vest the chairman of the MKD council with the necessary powers is made by at least 2/3 of the votes of the total number of voters (part 1 of article 46, clause 4.3 of part 2 of article 44 of the Housing Code of the Russian Federation).

Step 4 Summing up voting results and notifying owners of the decision made

After summing up the voting results and formalizing the decision on the selection of the MKD council and its chairman OSS protocol, but no later than 10 days later, all owners must be notified about the decision taken. The message must be placed in a place in the house accessible to all owners (Part 3 of Article 46 of the Housing Code of the Russian Federation).

The MKD Council is not legal entity, therefore its registration is not necessary (Article 48 of the Civil Code of the Russian Federation, clause 2 of Article 161.1 of the Housing Code of the Russian Federation). The house council does not own its own property. The body cannot be a plaintiff, defendant or defender of the interests of owners in court. He also cannot acquire and exercise civil rights and bear responsibilities. The MKD Council has no right to conduct entrepreneurial activity and receive funds from the owners of premises in this house.

To manage the activities of the MKD council, a chairman is elected from among its members (clause 6 of Article 161.1 of the Housing Code of the Russian Federation). Powers of the Chairman of the MKD Council are listed in clause 8 of Article 161.1 of the Housing Code of the Russian Federation.

The functions of the members of the MKD council cannot be entrusted, since all of them are enshrined in the decision and protocol of the OSS (clause 1 of Article 185 of the Civil Code of the Russian Federation). If one of the council members cannot perform the functions assigned to him, then they can only be entrusted by a notary.

But in this case it is necessary to indicate in voting ballots at the choice of the house council, the possibility of transferring powers and notarizing it (clause 3 of article 187 of the Civil Code of the Russian Federation). However, each fact of transfer of functions of a member of the house council is certified by a notary from each owner of the premises in the apartment building. In addition, according to the law, one of the council members cannot be expelled. Despite the fact that the MKD council performs its functions only in full force.

OCC decisions adopted by more than 50% of the total votes

on the timing and procedure for conducting the annual OSS and the procedure for notifying decisions made thereon (Part 1, Article 45 of the Housing Code of the Russian Federation);
on holding a general meeting in the form of absentee voting using the GIS Housing and Communal Services (clause 3.2, part 2, article 44 of the Housing Code of the Russian Federation);
on determining the administrator of the general meeting when conducting an OSS using the GIS Housing and Communal Services (Clause 3.3, Part 2, Article 44 of the Housing Code of the Russian Federation);
on the procedure for the administrator of the general meeting to receive messages about the conduct of the general meeting, decisions on agenda items, and the duration of voting (clause 3.4, part 2, article 44 of the Housing Code of the Russian Federation);
on the procedure for financing expenses associated with convening, organizing and holding a general meeting at the request of an initiative group of owners of premises in an apartment building (clause 3.5, part 2, article 44 of the Housing Code of the Russian Federation);
about choice and change MKD control method(Clause 4, Part 2, Article 44, Part 3, Article 161 of the RF Housing Code);
on the creation of a partnership and approval of its charter (part 2 of article 135, part 1 of article 136 of the Housing Code of the Russian Federation);
on the reorganization of the partnership (Article 140 of the Housing Code of the Russian Federation);
on the liquidation of the partnership if its members do not have more than 50% of the total number of votes of the owners of premises in the apartment building (Part 2 of Article 141 of the Housing Code of the Russian Federation);
on the selection of a management company and determination of the terms of the management agreement for apartment buildings (Part 1 of Article 162 of the Housing Code of the Russian Federation);
on the election and re-election of the council of the apartment building, if a homeowners association, TSN, housing cooperative or other specialized consumer cooperative has not been created in this house (Article 161.1 of the Housing Code of the Russian Federation);
on the use of GIS housing and communal services in the activities of the council of apartment buildings, its chairman, commissions of owners of premises in this building if they are elected (Part 13 of Article 161.1 of the Housing Code of the Russian Federation);
about the amount of payment for maintenance of common property in the apartment building, if a partnership has not been created in it (Part 7, Article 156 of the RF Housing Code);
on payment for all or some utilities in the Russian North Ossetia (Part 7.1, Article 155 of the Housing Code of the Russian Federation);
on the current repair of common property in the apartment building (clause 4.1, part 2, article 44 of the Housing Code of the Russian Federation);
on the conclusion of contracts for the performance of work and the provision of services for the maintenance and repair of common property under direct management (Part 1 of Article 164 of the Housing Code of the Russian Federation);
on the selection of an authorized person on behalf of the owners in relations with third parties during the direct management of the house (Part 3 of Article 164 of the Housing Code of the Russian Federation);
on the place or address of storage of protocols and decisions of the OSS (Part 4 of Article 46 of the RF Housing Code);
on the election of a commission of owners of premises in the apartment building (Part 12, Article 161.1 of the Housing Code of the Russian Federation).

Decisions of the OCC adopted by a majority of at least two-thirds of the total number of votes

on the reconstruction of apartment buildings (extension or addition), construction outbuildings and other buildings, structures, structures;
O major repairs of common property in the apartment building, on the use of the capital repair fund (clause 1, part 2, article 44 of the Housing Code of the Russian Federation);
about the choice of formation method and minimum size capital repair fund, the amount of contribution for major repairs;
on the selection of a person authorized to open a special account at home and carry out transactions with in cash, located on it, the choice of the Russian credit organization, in which a special account must be opened (clause 1.1, part 2, article 44 of the Housing Code of the Russian Federation);
on obtaining a loan or loan for major repairs of common property in an apartment building;
about the definition essential conditions loan agreement or a loan agreement, conditions for obtaining a guarantee, surety, payment of interest on a loan or loan, payment from the capital repair fund of expenses for obtaining a guarantee or surety (clause 1.2, part 2, article 44 of the Housing Code of the Russian Federation);
on the use of a land plot under an apartment building, on the introduction of restrictions on use (clause 2, part 2, article 44 of the Housing Code of the Russian Federation);
on the use of common property by other persons, concluding agreements for the installation and operation of advertising structures (clause 3, part 2, article 44 of the Housing Code of the Russian Federation);
on the determination of persons who, on behalf of the owners of premises in apartment buildings, can enter into agreements on the use of common property on certain OSS conditions (clause 3.1, part 2, article 44 of the Housing Code of the Russian Federation);
on vesting the MKD council with the authority to make decisions on routine repairs of common property in the house (clause 4.2, part 2, article 44 of the Housing Code of the Russian Federation);
on vesting the chairman of the council of MKD with the authority to make certain decisions (clause 4.3, part 2, article 44 of the Housing Code of the Russian Federation);
on the creation of a partnership by owners of premises in several apartment buildings if they are on land plots with a common border, networks of engineering and technical communications and infrastructure elements for the joint use and maintenance of more than one residential building (Clause 1, Part 2, Article 136 of the Housing Code of the Russian Federation).

If you have any questions, you can always contact us for advice. We also help management companies comply 731 RF PP on the Information Disclosure Standard(filling out the portal Housing and communal services reform, website of the Criminal Code, information stands) and Federal Law No. 209 (). And it will help to legally correctly hold a general meeting of owners to elect the MKD council.