In houses No. 43, No. 45 and No. 48 in the village of Razvilka, councils were created based on the decisions of the owners apartment buildings. Why they were created, why, we will try to understand this issue.

Advice apartment building, is a body representing the interests of premises owners in apartment building. The building council is elected in each building with more than four apartments, where a homeowners’ association has not been created and the building is not managed by a housing cooperative or other specialized consumer cooperative (Part 1 of Article 161.1 of the Housing Code of the Russian Federation).

The council of an apartment building is elected for a period of two years, unless a different period is established by decision general meeting owners of premises in the house (Part 10 of Article 161.1 of the Housing Code of the Russian Federation). The number of council members of an apartment building is established at a general meeting of premises owners. Unless otherwise established by a decision of the general meeting of premises owners, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in a given building (Part 4 of Article 161.1 of the Housing Code of the Russian Federation).

The decision to elect the council of a new apartment building must be made within one calendar year from the date of commissioning of the house.

If such a decision is not made either decision not implemented, the local government body must, within three months, convene a general meeting of premises owners to elect the council of the apartment building and its chairman (Part 2 of Article 161.1 of the Housing Code of the Russian Federation).

The council of an apartment building has the following powers:

1. Ensures the implementation of decisions of the general meeting of owners of premises in an apartment building.
2. Submits to the general meeting of owners proposals on the procedure for using common property, planning and organizing work on its maintenance and repair, on the procedure for discussing draft agreements concluded by the owners of premises in the house in relation to common property and provision utilities, on the election of commissions from among the owners of premises in the building, as well as proposals on issues of competence of the council of an apartment building.
3. Provides owners of premises in an apartment building with proposals on issues of planning and organizing the management of an apartment building, maintenance and repair of common property.
4. Presents to the owners (before consideration at the general meeting of owners) its conclusion on the terms of the draft agreements proposed for consideration at this general meeting.
5. Monitors the provision of services and the performance of work related to the management of an apartment building, the maintenance and repair of common property, and the quality of the provided utilities.
6. Submits a report on the work done for approval at the annual general meeting of owners.
7. Makes decisions about current repairs common property in an apartment building if an appropriate decision is made by the general meeting of owners of premises in an apartment building (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).

The council may also exercise other powers within its competence, for example, maintaining information work with owners of premises for holding general meetings of owners, conducting surveys to assess the quality of work management organization.

In addition, the council is the subject of public housing control (Part 8 of Article 20 of the Housing Code of the Russian Federation). This article states that: “In order to ensure the rights and legitimate interests of citizens, public housing control may be carried out, the subjects of which may be public associations, other non-profit organizations, councils of apartment buildings, and other interested parties in accordance with the law Russian Federation.

As can be seen from this article of the housing code, the powers of the building council are quite significant, and first of all, the rights of the council of an apartment building are to protect the rights of home owners before the management organization. The house council has the right to record all facts of inadequate quality of services provided and report this to the management company itself with the requirement to provide only high-quality utility services. Residents of houses can always contact the house council and receive the necessary support in resolving a particular issue. Therefore, residents of the houses need to actively work with the house council on this issue.

Clause 8 of Article 161.1 establishes that the chairman of the council of an apartment building is elected from the members of the elected council of the apartment building. In this regard, the responsibilities of the chairman of an apartment building include following functions:

• He is negotiating with the management organization about the draft management agreement, about the possibility of making changes to it, to the conditions that do not satisfy the homeowners. Presents the terms of the management agreement to the general meeting of owners; If the owners have delegated the authority to conclude a management agreement to the chairman of the council of an apartment building, then he has the opportunity to conclude a management agreement on their behalf;
• Directly controls all obligations that the management organization must fulfill and signs acceptance certificates for the work it has carried out; Also, on the basis of a power of attorney, the owners can appear in court on issues related to the management of an apartment building and the supply of utilities.

It is beneficial for owners to seek help from the house council, since both the house council and the house owners have common interests, they are bound by a common destiny in relation to the house, in solving its problems, in improving the condition of the house and its property. If the owners turn to the council of the house, then problems are identified and optimal ways to solve them are found. And there is no need to be shy in such treatment, more activity, this is an exclusively mutually beneficial cooperation!

• checked today
• code dated January 12, 2019
• entered into force on June 18, 2011

There are no new articles that have not entered into force.

Compare with the edition of the article dated 06/30/2015 07/22/2014 06/18/2011

If a homeowners' association has not been created in an apartment building or the building is not managed by a housing cooperative or other specialized consumer cooperative and there are more than four apartments in this building, the owners of the premises in this building at their general meeting are required to elect the council of the apartment building from number of owners of premises in a given building. Registration of the council of an apartment building with local authorities or other bodies is not carried out.

In the cases specified in part 1 of this article, provided that during the calendar year the decision to elect the council of an apartment building by the owners of the premises in it is not made or the corresponding decision is not implemented, the local government body, within three months, convenes a general meeting of the owners of the premises in the apartment building, the agenda of which includes questions about the election in this building, the council of an apartment building, including the chairman of the council of this building, or on the creation of a homeowners’ association in this building.

The council of an apartment building cannot be elected in relation to several apartment buildings.

The number of members of the council of an apartment building is established at a general meeting of owners of premises in the apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in the building.

Apartment building advice:

From among the members of the council of an apartment building, the chairman of the council of the apartment building is elected at a general meeting of owners of premises in the apartment building.

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

Chairman of the board of an apartment building:

The general meeting of owners of premises in an apartment building has the right to decide on the payment of remuneration to members of the council of the apartment building, including the chairman of the council of the apartment building. Such a decision must contain the conditions and procedure for paying the specified remuneration, as well as the procedure for determining its size.

The council of an apartment building operates until re-election at a general meeting of owners of premises in an apartment building or in the event of a decision to create a homeowners' association until the election of the board of the homeowners' association.

The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in a given building. In case of non-acceptance fixed time At a general meeting of owners of premises in an apartment building, the decision on the re-election of the council of the apartment building, the powers of the council of the apartment building are extended for the same period. In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building.

To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in a given building may be elected, which are collegial advisory bodies for managing the apartment building.

Commissions of owners of premises in an apartment building are elected by decision of the general meeting of owners of premises in an apartment building or by decision of the council of the apartment building.

A general meeting of owners of premises in an apartment building may decide to use the system or another information system taking into account the functions of these systems in the activities of the council of an apartment building, the chairman of the council of an apartment building, commissions of owners of premises in an apartment building if they are elected, as well as the determination of persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the said council, chairman, commissions.

Other articles in this section

Amendments to Art. 161.1 Housing Code of the Russian Federation

Mentions of Art. 161.1 Housing Code of the Russian Federation in legal consultations

• On the delimitation of the application of Articles 161.1 and 162 of the RF Housing Code
  

  27.08.2017 Good morning, Igor Tikhonovich. IN Article 161.1 of the Housing Code of the Russian Federation it is said: 8. The chairman of the council of an apartment building: 3) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes

• housing code 2017
  

  01.06.2017 powers assigned to the competence of the general meeting of owners of premises in an apartment building (clause 4.3 introduced Federal law dated June 29, 2015 N 176-FZ). Further, according to paragraph 5 Art. 161.1 Housing Code of the Russian Federation The council of an apartment building makes decisions on the current repairs of common property in an apartment building if the appropriate

• Audit committee
  

  14.02.2017 Good morning, Fakhrat. Based Article 161.1 of the Housing Code of the Russian Federation you can create an apartment building council. Based on part 5 Article 161.1 of the Housing Code of the Russian Federation the chairman of the council may put to a vote the issue of creating an audit body




13.09.2016 must be issued to the chairman of the council of the MKD 1 time during his election and determination of powers, then each time there is no need to issue a power of attorney for a separate case. IN Article 161.1 of the Housing Code of the Russian Federation it is said: 8. Chairman of the council of an apartment building: 1) before the general meeting of owners of premises in the apartment building makes a decision on concluding

• house council
  

  11.02.2016 Good evening, Alexey Yurievich. IN Article 161.1 Part 1 of the Housing Code of the Russian Federation it is said: 1. In the event that a homeowners’ association has not been created in an apartment building or the building is not managed by a housing cooperative or

• Apartment building council
  

  01.02.2016 is elected only in that case. if a HOA or SZHK has not been formed. if you were previously in the HOA and ceased to exist, then you may well create a Council now. IN Article 161.1 of the Housing Code of the Russian Federation




29.01.2016 Good afternoon, Alash. The house council should be in mandatory, except if you have a HOA or TSK, as stated in Part 1 Article 161.1 of the Housing Code of the Russian Federation: 1. If a homeowners’ association has not been created in an apartment building or the building is not managed by a housing cooperative or other specialized




20.12.2015 Good evening, Alexandra Alekseevna. In clause 8.1 Article 161.1 of the Housing Code of the Russian Federation said: 8.1. The general meeting of owners of premises in an apartment building has the right to decide on the payment of remuneration to members of the apartment building council




28.04.2015 Good morning, Elena. IN Article 161.1 of the Housing Code of the Russian Federation it is said: 1. If a homeowners’ association has not been created in an apartment building or the building is not managed by a housing cooperative or other

• the elder of the house is not the owner of the property
  

  29.05.2014 Good evening, Marina Aleksandrovna. The procedure for electing members of the house council is established Art. 161.1 Housing Code of the Russian Federation. In part 1 Art. 161.1 Housing Code of the Russian Federation it is stated that only owners of residential premises can be members of the council. 1. If a partnership has not been created in an apartment building

In 1991, when the Law “On the Privatization of Residential Type Premises” was adopted, the state, as an independent entity, transferred absolutely all responsibility related to the maintenance of multi-apartment buildings directly to the owners of real estate (individual residential apartments). However, in reality, the management of residential premises remained in the hands of municipal-type enterprises. It is important to note that with the rather rare exception of in this case were condominiums (homeowners' associations), which began to form only in 1993. So, quite familiar to Russian society circumstances when the third part of the buildings is managed through the efforts of housing cooperatives and homeowners associations, and the remaining share is under the management of the management company, begin on March 1, 2005. It was then that the Housing Code of the Russian Federation came into force and for the first time identified three types. In addition, he emphasized that managing residential premises is not so much a right as it is a responsibility of the owners. What is the current situation today? Which ones are known? Why? These and other questions can be answered by reading the materials in this article.

General provisions

Absolutely every apartment owner sooner or later faces issues that need to be resolved exclusively together (in other words, by the whole house). As you know, there are quite a lot of problems in a building where a certain number of apartments are located. So, absolutely every resident is part of them (of course, in proportion to the area of ​​their own apartment to the area of ​​the entire house). You need to know that in a housing construction cooperative (HBC) or which consist of one house, the board takes over. You can contact this management body regarding certain issues, as well as offer certain recommendations and send your own wishes.

A completely different situation occurs when the house is under the direct control of a management structure. Under such circumstances, there is absolutely no one to deal with and delve into the problems of the house, except, of course, the apartment owners. Even when a management association is involved in managing a residential property, there is no guarantee that the most optimal solutions to certain problems will be proposed, for example, those related to the operation of the house or the resolution of unforeseen situations. In the presented situation, according to 161.1 of the Housing Code, it is necessary to form (the council of an apartment building). It is important to note that legislators, through this law, have done a very good job in legitimizing house councils or house committees, as well as the actions periodically carried out by them. This structure serves as a connecting element between the management organization and the residents of the house. To fully understand the need Council of MKD (ZhK RF) it would be advisable to consider in detail the rights and obligations that are relevant to him, as well as the methods of his election.

As it turned out above, the council 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 the capabilities associated with certain actions from the outside legal entity. However, for the above reason, under no circumstances should the effectiveness of the board's operations in a multi-family building be underestimated to any extent. In the case of interested and coordinated work of absolutely all members of the board, improvement in the performance of the management structure, one way or another, becomes obvious.

It is important to note that the responsibilities are currently fixed through the Housing Code of the Russian Federation. It is worth emphasizing that his main responsibility is to control the activities of the management association. By the way, a great many homeowners fundamentally do not understand the role of the structure in question. Why do they do certain work if there is a management organization? Why does the product of duplicate powers occur? Moreover, the management structure in any case receives a certain amount for its activities Money.

However, no one else knows the problems of the house like the direct owners of the apartments. Thus, in responsibilities of the MKD council includes the development of instructions related to the management organization on the priority necessary measures, which in any case need to be implemented (as a rule, these actions are related to ongoing repair work). The apartment building council undertakes to identify and submit its own proposals for repair or replacement engineering communications. In addition, he must carry out work related to landscaping the courtyard plot of land, improving the quality of utilities, and so on.

In addition to the above, as a rule, he formulates his own conclusion on the draft management agreement with the management structure, as well as agreements with resource supply associations. It is important to note that members of the category under consideration 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 completed. 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 financially. In accordance with the practice of modern generations, it can organize all those events that simply should not be carried out by the management organization.

Example

It would be appropriate to give an example of the situation discussed in the previous paragraph. Let’s say that, through a decision of the general meeting, it is planned to build a fence in accordance with the boundaries of a certain plot of land of a certain size. Thus, 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, but at the same time significantly inflate the amount named in the estimate. Thus, the best option in this case is to organize MKD management council searching for a contractor to carry out the work, as well as collecting funds for the implementation of planned activities.

After considering the responsibilities of the structure relevant to the article, it would be advisable to analyze the rights that exist for it today. So, rights of the MKD council primarily consist of protecting the legal rights of apartment owners from the inaction of the management association. It is important to note that the council of a residential building, one way or another, is given the right to record the absence or supply of utility services of inadequate quality. In addition, the house council has the opportunity to contact the management structure with a demand to bring this or that service to a satisfactory condition, which today plays an important role in the development of society.

You need to know what the previously formed acts approve regarding the need to carry out capital and current repair work. By the way, it would be advisable to include in this category acts where it is necessary to record, for example, absolutely any damage to the apartment of the direct owner or banal flooding of a residential premises. Under such circumstances, in the event of refusal by representatives of the management organization, it is the council of the apartment building that is vested with the powers associated with duplicating the actions presented. In conclusion, it should be noted that the powers of the house council (MCD) also need to include the initiation of a meeting of apartment owners in accordance with absolutely any pressing issue.

In this and subsequent chapters, it would be advisable to consider the immediate process, as well as the procedure for electing the council of an apartment building. So, 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 preparatory work. In addition, it is mandatory to determine the procedure for electing the council of an apartment building, discussed below.

The procedure for electing members of the structure

In this chapter we will consider the procedure for electing an incumbent MKD council meetings. The initial stage is the preparation of a notice regarding the general meeting of owners of apartments in 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 notification regarding the implementation of the above event should in any case be sent to all apartment owners via registered letter. Other methods of notifying owners of residential premises regarding the holding of a general meeting must be approved by a decision of a general meeting. In other words, to be able to more simple way notification of property owners, for example, through notices on information boards near entrances; this method of notification must be approved at the last meeting of apartment owners.

Drawing up a notice

It is important to note that in the notification discussed in the previous chapter, the most important thing is to indicate in the agenda the selection of members of the council of an apartment building, its chairman, as well as all conditions powers of attorney of the chairman of the board of MKD. You need to know that today a general meeting can be held in accordance with three forms: absentee, in-person and in-person and in absentia.

By the way, currently the most popular and sought-after form of holding an event is in-person. Thus, initially a general meeting of apartment owners is scheduled to be held in person, but there is no point in waiting for a quorum at this meeting, which is not a serious shock: now there is no need to make an announcement regarding the organization of a new meeting in accordance with by correspondence. Why? The point is that in case meeting in absentia the second begins immediately after the first, in other words, the event is not interrupted under any circumstances. Now the council of apartment buildings has the opportunity to distribute to owners of residential premises questionnaires for voting and wait for them to arrive in the place intended for storing them. By the way, the completion date for the implementation of the event in question can be considered any, because in current legislation There are no instructions regarding time limits for meetings of apartment owners.

Final stage

After the implementation of the activity described in the previous chapter, all current decisions are formalized through a protocol. You need to know that decisions are made only when more than fifty percent of the votes of the owners of residential premises took place in the general meeting. In addition, the percentage of positive opinions regarding a particular decision is also equal to fifty percent as a minimum threshold.

It is important to note that apartment building council elections organized by the direct owners of the apartments. The fact is that their number is not subject to any restrictions, so common sense is advisable in this case. You should know that the election of the house council is carried out no more than 2 years in advance, after which it is necessary to carry out a repeated meeting of home owners. Then, when the council of an apartment building has not been elected in a residential building, the local government body must initiate the organization of a meeting to select it, but in this case, the council, as a rule, includes people loyal to both the management structure and the local government body.

Responsibilities of the Chairman

In this chapter, it would be advisable to fully consider the responsibilities of the chairman of the board of an apartment building. To begin with, it should be noted that he is elected directly from the members of the residential council. Thus, it is the chairman who implements absolutely all functions of the building council’s activities. By the way, this is why his duties often duplicate the duties of the council itself. These include the following points:

• Negotiating with the management structure regarding the draft management agreement, 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 agreement directly to the general meeting of apartment owners.
• Concluding a management agreement in the case where the owners of the apartments have transferred to him the powers associated with concluding a management agreement.
• Direct control of absolutely all obligations that, one way or another, must be fulfilled by the management structure, and signing of acceptance certificates for work that have been carried out.
• Speaking before the courts on issues related to management apartment building and delivery of services utilities based on a power of attorney from the apartment owners.

Chairman's rights

In the final chapter, it would be advisable to consider in detail the rights of the chairman of the board of an 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 rights of the council itself. In the case of skillful management and active work, the management association can quickly be forced to perform efficiently the duties corresponding to the nature of the activity. By the way, if you properly gain the ability and certain skills, then on the part of the chairman of an apartment building, you can easily hold a meeting of owners of individual apartments to form a homeowners’ association in your building.

Then, when there is no question about such global plans, the right to exercise control by the board 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 draw up acts regarding operations performed by the management structure, as well as drawing up acts regarding damage to property in places general purpose or in residential premises it serves as a very serious tool, which, one way or another, is in the hands of the chairman of the council of an apartment building.