Homeowners' Association "SOZVEZDIE CAPITAL-2"

Rights and powers of the partnership

The HOA is authorized to carry out house management activities, that is, to carry out what the management company represented by the housing department or a commercial organization previously did.

In accordance with Article 137 of the Housing Code, the HOA has the right to take the following actions:

• enter into agreements with operating and management companies for home maintenance and provision of utilities;
• independently carry out work for the residents of the house (for example, homeowners associations can hire an entrance cleaner or organize independent garbage collection without resorting to the services of management companies);
• calculate expenses and income, determine the amount of funds needed for routine repairs of the building, payment of contractors, for the formation of a reserve fund, for major repairs;
• settle payments under an agreement with individuals or legal entities providing HOA services;
• use credit funds taken from a bank or from private individuals in the manner prescribed by law;
• sell, lease, exchange property, including real estate (this right allows, in particular, to collect fees from entrepreneurs renting retail or office space in the building);
• calculate rent based on cost estimates;
• collect rent from residents and tenants of residential premises;
• apply measures permitted by law to debtors for rent or rent.

A complete list of powers of the HOA must be listed in the organization's Charter . For example, the Charter may allow reconstruction and re-equipment of existing premises, transformation of the local area, parking equipment, etc.

Note! The rights of the organization listed in the Charter should not contradict the Housing Code, but can only supplement and expand its provisions as applicable to a specific situation.

The HOA board can exercise most of its rights independently, for example, calculating rent and distributing funds to bank accounts - this is the so-called routine work.

Control of the legality of all actions of the HOA is carried out by an audit commission consisting of 3-4 people who are not employees of the HOA and members of the board.

To carry out major changes, for example, in the structure of the HOA when changing the ratio of funds distributed among various funds, when re-equipping buildings, the board is obliged to convene a general meeting of residents and put the issue to a vote. Only with a majority of votes in favor does the partnership receive the right to carry out the declared activities.

Homeowners' meeting in the homeowners' association

Advice from lawyers:

1. Is it allowed to hold a reporting and election meeting of the HOA in absentia?

1.1. Mixed can be done.

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2. The HOA Board asserts that an in-person meeting must be held.

2.1. Good afternoon, Vladimir! No, not necessarily, because according to clause 6 of Art. 146 of the Housing Code of the Russian Federation, the decision of the general meeting of members of the homeowners’ association can also be adopted in absentia and in absentia.

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3. The HOA Board asserts that an in-person meeting must be held.

3.1. Not necessarily, perhaps in part-time or part-time forms.

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4. Should the principal provide a power of attorney to the board or the Chairman of the HOA to participate in meetings?

4.1. Of course it should, that’s what it’s done for.

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4.2. A power of attorney is required.

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5. How to remove the powers of the chairman of the HOA from the tax office if the term of the board has expired, and at the meeting of the owners of the mk (mk) they cannot elect a new chairman?

5.1. Good evening! Submit an application from an individual about the unreliability of information about him in the Unified State Register of Legal Entities (on form 34001), however, this will not exclude your name; a record about the validity of the information will appear opposite the information about the chairmen.

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6. I joined the HOA, they sent receipts with calculations of payment for housing and communal services and in it there is a line for housing maintenance - 19 rubles per square meter. When I was in the HOA, they said that there would be a meeting of owners where this tariff would be approved - there was no meeting - they simply issued a general bill for housing and communal services and still did not give any explanations. I would like to pay housing and communal services, but without this line, which has not been approved, what should I do in this case?

6.1. No meeting, no payment. Look at your neighbors' receipt where this amount is not indicated and pay at the old rate. You can file a complaint with Ms. ZHI to verify the legality of collecting money.

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7. Is it possible to appoint an interim chairman of the HOA by voting at a general meeting of owners if the chairman of the HOA has not been elected for a period of 2 years. The powers of the former chairman of the HOA have already been removed by a decision of the general meeting.

7.1. Good afternoon, yes, of course, the general meeting elects the governing bodies of SNT.

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8. We are going to hold a meeting in the HOA house. How can we correctly write about the transition to direct contracts with the PTS on the agenda of the meeting?

8.1. You need to draw up certain documents. There is a certain procedure provided for by law. You need a specialist who can arrange everything for you and organize it correctly.

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9. We have an HOA in our house. Without the Meeting and the consent of the residents, they hung a sign with the inscription of the Criminal Code and the reception of the population on the first floor on the doors where the concierge should sit. Residents are against this. What should we do?

9.1. Hello! Find out on what basis and by whom the agreement was concluded with the Management Company and go to court. After establishing the grounds for concluding an agreement with the management company, it will be possible to say exactly which claim you should file.

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9.2. Submit a collective appeal to Goszhilnadzor on what basis the management company appeared.

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10. The HOA serving our house sued Heating Networks for incorrectly billed tariffs for the last 3 years for 650,000 rubles, but the residents were not recalculated, but used this money for a fence; many residents were against this fence. I submitted an application to the chairman of the HOA for a recalculation, to which I was given the answer that there was a meeting and 50% of the residents signed a protocol of agreement on the construction of the fence. Are the minutes of the meeting valid in this case or should they have made a recalculation?

10.1. In this case, this is your personal money and can be used at your own discretion only with your consent. Take the HOA to COURT.

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11. I am the chairman of the board of a homeowners association (80 apartments). According to the employment contract, my salary is 1 minimum wage. By my order, HOA employees receive bonuses. How can I receive the award? By decision of the board, by your own order, by decision of the general meeting?

11.1. Study the terms of the employment contract. If it does not say anything, then by order of the person or body that represents the other party to the contract.

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12. The general meeting elects the chairman of the HOA by what number of votes? Which legal act talks about the quorum for choosing the chairman of the HOA by the meeting?

12.1. Good afternoon, the composition and competencies of the management bodies of the partnership and the procedure for making decisions by them, including on issues on which decisions are made unanimously or by a qualified majority of votes, the composition and competencies of the audit commission (competence of the auditor) of the partnership, as well as other information must be contained in the Charter HOA. The charter, in turn, is adopted at the general meeting by a majority vote. (Article 135 of the RF Housing Code). According to Art. 149 of the Housing Code of the Russian Federation The chairman of the board of a homeowners’ association is elected for the period established by the charter of the partnership. The chairman of the board of the partnership ensures the implementation of decisions of the board, has the right to give instructions and orders to all officials of the partnership, the execution of which is mandatory for these persons.

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12.2. Good afternoon According to Part 3 of Art. 147 of the Housing Code of the Russian Federation, the board of a homeowners’ association elects from among its members the chairman of the partnership, if the election of the chairman of the partnership is not within the competence of the general meeting of members of the partnership by the charter of the partnership. The general meeting of members of a homeowners' association is valid if it is attended by members of the association or their representatives who have more than fifty percent of the votes of the total number of votes of the members of the association (Part 3 of Article 146 of the Housing Code of the Russian Federation).

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12.3. The HOA board elects a chairman.

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13. Can the general meeting of the HOA determine the size, tariff for repairs of common property for the previous period and whether the HOA can carry out a complete replacement of cold water and hot water pipes as a routine repair.

13.1. For the past period, no. The types of work related to current and major repairs are indicated in Gosstroy Resolution 170, but they are advisory in nature, therefore, as the general meeting decides, so it should be.

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14. The HOA was created and registered by the developer in 1999. After the owners received the documents for the apartments, no meeting was held and there was no protocol stating that the owners had chosen the method of managing the HOA building. At the moment the HOA is working. Elects chairmen and members of the board. Does such a HOA have the right to exist, without a protocol on the choice by the owners of the method of managing the house. After all, this is the main document on the basis of which the HOA has the right to operate.

14.1. Hello. Solve problems with your own head.

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15. The Housing Code of the Russian Federation states that establishing the amount of the mandatory contribution for current repairs is the COMPETENCE of the general meeting of HOA members. Can the chairman of the HOA personally set a fee for current repairs without discussing it at a meeting of HOA members? In general, the concept of “competence” in the legal sense contains “duty”, that is, since this is the competence of the assembly, then in the legal sense is it also the responsibility of the assembly?

15.1. The chairman of the HOA does not have the right to independently set the amount of contributions for current repairs. This is precisely the responsibility of the general meeting. However, if the general meeting for any reason did not accept the amount of the contribution for current repairs, then the amount of the contribution is charged in the amount established by the municipality.

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16. The homeowners association changed the pipes in the house from metal to plastic. After replacing the pipes, the cut metal pipes were scrapped. Does the HOA have the right to dispose of pipes without the consent of the general meeting of residents?

16.1. Formally, there must be a decision of the general meeting on this issue. Sincerely.

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17. The question is this. Can the owner of a specific apartment in an apartment complex rent a piece of the local area from the HOA of the same apartment complex to park his car? (It is assumed that at the meeting 2/3 of the residents allowed the HOA to rent out the adjacent territory). We want to use this option to assign a specific parking space to a specific apartment.

17.1. Good afternoon In my opinion there are no obstacles.

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18. I work in a homeowners association, registered as my main place of work, there is an entry in the labor and employment contract. The contract does not specify an end date. Recently there was a meeting of owners and they decided to remove my position, i.e. there will be no permanent employee, but they will use the services of third-party companies. How should I be fired - as a layoff or after the expiration of the employment contract? What should I do right in this situation? I don’t want to resign on my own.

18.1. Tatyana, hello. In this case, since the contract is open-ended, you may be fired due to redundancy, clause 2, part 1, art. 81 Labor Code of the Russian Federation. If you are forced to resign at your own request, you can insist on dismissal due to reduction.

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19. I work in a homeowners association, registered as my main place of work, there is an entry in the labor and employment contract. The contract does not specify an end date. Recently there was a meeting of owners and they decided to remove my position, i.e. there will be no permanent employee, but they will use the services of third-party companies. How should I be fired - as a layoff or after the expiration of the employment contract? What should I do right in this situation? I don’t want to resign on my own.

19.1. If the validity period is not specified in the contract, it is unlimited. But you need to carefully study the employment contract itself. Dismissal under an open-ended employment contract occurs with mandatory written notice against signature of at least 2 months in advance. If you are fired earlier, you can contact the labor inspectorate and/or the prosecutor’s office with a statement about the employer’s illegal actions.

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20. We live in an HOA. The owners' meeting is approaching and they have decided to cut general house expenses. One of the owners said that the chairman of the board receives a monthly salary illegally. Because if there are no decisions of the meetings, he can only receive bonuses based on the results of his work. In fact, there is a manager, he receives FOR every month and in full about, Emma. performs all functions of a leader. Where and how to find information regarding payment to the chairman of the HOA?

20.1. All questions you ask are regulated by the charter, minutes of meetings and internal documents (Regulations, orders, etc.). For a more specific answer, it is necessary to study the internal documents of the HOA. Only after this is it possible to give a more specific answer.

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What is the best way to register a concierge legally if the residents of the same front door want to have one. The meeting was held at the entrance, the minutes are available. We have an HOA.

In my house there is no HOA, no management company, but the residents want to install an intercom on the front door. Tell me how to correctly draw up the minutes of a residents’ meeting.

A fine was issued to the chairman of the HOA based on a complaint from the owner for untimely snow removal,

The general meeting of the HOA decided to fence the adjacent territory of the apartment building with a fence at the expense of additional funds from the owners.

Please how to organize the residents of an apartment building to install a new intercom.

Is it possible for an HOA to decide at a general meeting to pay less into its special account than the resolution of the regional operator?

Can I film a meeting of HOA members? And am I obligated to notify them about this?

Can I request the auditor's report in the form in which it should be according to office work, at the general meeting of the HOA?

Ms. ZHI excluded the house from the register of licenses of the management company in July 2020 at the request of the HOA.

Ms. ZHI excluded the house from the register of licenses of the management company in July 2020 at the request of the HOA.

I am not a member of the HOA, they are asking me to pay for major repairs. The house is not included in the major renovation program.

Interaction with owners

Often, when exercising the rights of an HOA, residents and board members have questions regarding the most problematic and controversial topics, including the relationship between the board and other owners.

Issuance of certificates

Sometimes tenants are faced with the fact that the board refuses to issue them certificates (about family composition or an extended extract from the apartment map) on the grounds that the owners owe rent. Does the HOA have the right not to issue certificates if there is a debt?

This is not a legal practice, which is often used by HOAs or management companies so that residents cover at least part of the debt. Issuing certificates is not a right, but an obligation of the HOA to its residents. This means that they are obliged to issue the necessary paperwork, even if the tenant has never paid his utility debt during the entire stay.

Breaking into an apartment

Another problematic question is whether the board or the chairman of the HOA has the right to inspect the apartment? The Constitution of the Russian Federation enshrines the right of citizens to the inviolability of housing.

Reference! Without the permission of the owner of the premises, no one can enter his premises, even if there is an emergency in the apartment.

There are only two cases when HOA employees can enter an apartment without permission:

1. If there is a warrant.
2. In the event of a threat of a terrorist attack or the occurrence of a natural or man-made disaster.

Thus, the board’s requirements for inspection of the premises under any pretext are taking meter readings, checking meters, measuring pressure in pipes, checking the temperature of the room, etc. - illegal.

A tenant can voluntarily let members of the board in, but if he is forbidden to enter, then nothing can be done about him.

Accrual of penalties

The HOA has the right to charge penalties for non-payment only if this is stated in the Charter adopted at the general meeting of residents. The accrual of penalties is a coercive measure designed to force the debtor to quickly pay the full payment for housing.

The procedure for imposing a fine does not come out of nowhere. It must be spelled out in the Charter. There are also special provisions of the Tax Code of the Russian Federation that determine the upper limits of penalties.

Attention! The amount of the penalty cannot exceed 1/30 of the current refinancing rate for each day of delay.

Signing the contract

Sometimes residents are outraged that the HOA forces them to sign service agreements.

In accordance with Article 137 of the Housing Code of the Russian Federation, HOAs have the right to enter into agreements with owners on utility services and the procedure for calculating payments.

In this case, the board has the opportunity, on behalf of the residents, to enter into various transactions with utility providers and fulfill its responsibility for maintaining the house. But the HOA has no right to force or coerce a tenant to sign an agreement ; everything must happen according to the good will of the parties.

If there is no HOA agreement with the owner, then the residents will simply have to go to the representative office of the operating company on their own and conclude the necessary agreements.

Disclosure of information about debtors

Lists of debtors, which the boards of the HOA sometimes post for public viewing in the entrances, often become a real stumbling block between the partnership and the residents. The outrages recorded in the “shameful” sheet are quite legitimate.

In accordance with the Personal Data Protection Law, disclosure of such information is expressly prohibited. Without written permission, the HOA board has no right to publish any information about debtors, including these:

• last name, first name and patronymic of the tenant;
• any passport data;
• residential address;
• amount of debt.

The board has the right to compile such lists for itself. Moreover. they are needed to identify debtors and conduct conversations with them, and in case of prolonged delays in payments, to go to court and seek to disconnect the apartment from the system of communal services of the house.

Such lists must be kept in a safe in a closed board room and are not subject to public disclosure. Debtors who see their name have every right to go to court and receive monetary compensation from the board.

The maximum that the HOA can do is publish an announcement with approximately the following content: “5 debtors live in our house. We ask them to pay utility debts in the total amount of 10,000 rubles by January 31 of the current year. Otherwise, we will be forced to go to court to forcefully collect the debt.”

Peculiarities

Now about the specifics of exercising the rights of the HOA. Let's start with paperwork. But let’s touch on only one issue, namely:

Certificates for the debtor

Does the HOA have the right not to issue certificates if there is a debt?

In relation to organizations created with the participation of the state or local government, these actions will be considered a violation of the rights of a citizen .

The perpetrators are brought to administrative responsibility (Administrative Code, Article 19.1).

But in our case, we must take into account that the execution of documents, in particular, certificates, must be stipulated in the charter or, for example, in the agreement of a member or resident of a house with the partnership, since it is not an organization created by a local government body.

If such a rule is not stated anywhere (neither in the charter, nor in the contract), then the debtor may be refused to issue a certificate until the debt is repaid (at least partially).

Does the HOA have the right to inspect the apartment?

According to current legislation, no. However, by agreement with the owner of the home, at an agreed time, a representative of the partnership can inspect engineering equipment, for example, risers, and the sanitary condition of communications.

Admission is also permitted during repair work, also in agreement with the owner. And when eliminating an emergency, for example when an apartment is flooded, at any time. In addition, resource meters are checked in the same way and readings are taken from them (at least once every six months).

The owner, for his part, is obliged to provide representatives of the partnership with access to the equipment being inspected.

The apartment itself, for example, cannot be inspected .

(Government of the Russian Federation Resolution No. 307 of May 23, 2006)

Penalty

Does the HOA have the right to charge penalties?

The law obliges all citizens, as well as organizations, to promptly pay taxes established by the state, pay for utilities and other prescribed payments (in our case, Articles 153, 154, 155 of the Housing Code). HOA is no exception.

On the one hand, it is a representative of residents (homeowners) and is obliged to make payments on time with all service and energy suppliers.

On the other hand, citizens living in the house receive services not directly from suppliers, but indirectly from the partnership . It accumulates all payments in its accounts and then makes settlements with suppliers.

In other words, it is the HOA that is the provider of resources and services for all residents. Therefore, on the basis of Art. 155 of Part 14 of the Housing Code, it has the right to collect penalties for late payment.

Agreements with owners

Is the HOA required to enter into an agreement with the owners? The requirement is mandatory.

The management of the partnership and homeowners, primarily those who are not members of the HOA, are obliged to do this (conclusion of an agreement) by the Housing Code in Article 155 in its first and second articles.

Does the HOA have the right to post lists of debtors?

Although this is not entirely ethical, and not always legal, a similar practice operates throughout the country. If the full personal data of the debtor is provided, for example, last name, first name, patronymic, etc., then there is a violation of the law.

If only the apartment number and the amount of debt are given, then the law has not been violated in this case. Which, by the way, is what representatives of both the management company and the HOA use.

Responsibilities

Articles 148-149 of the Housing Code of the Russian Federation provide a list of responsibilities of the board and chairman of the HOA. In most cases, to fulfill these duties, the board of the partnership is vested with its own rights.

It is worth highlighting separately the responsibilities of the HOA to the residents of the house:

• compliance with the law and requirements of the Charter;
• monitoring the fulfillment by residents of their responsibilities for maintaining the facility;
• direct management of the house or control of the management company;
• concluding agreements with contractors and subcontractors supplying utility services;
• concluding contracts for the maintenance and repair of buildings;
• maintaining a list of residents - members of the partnership;
• maintaining accounting records, drawing up estimates of expenses and income, calculating rent;
• maintaining records, issuing certificates to HOA members;
• holding a general meeting of residents;
• control over the activities of the HOA chairman.

The Chairman has the following obligations:

• give orders to all HOA officials, hire and fire personnel;
• act on behalf of the partnership within the framework of its powers without prior notification of the general meeting;
• submit for decision to the general meeting any documents developed by it.

Responsibilities of the HOA

We have already discussed the responsibilities of the HOA to its residents above. In this section we will only add to the above. The responsibilities of the homeowners association board include :

1. Comply with the requirements of current legislation.
2. Manage the house in accordance with the procedure defined in the Housing Code, section 4.
3. The register of HOA members is maintained in accordance with the requirements of the law, a copy of which is sent to government agencies. Who exactly is indicated in Article 20, Part 2 of the Housing Code.
4. Executive authorities are informed of all changes made to the statutory documents within 3 months (Article 20, Part 2 of the Housing Code). All copies of changes made are certified by the chairman and secretary of the general meeting.

Responsibility

Neither the Housing nor the Civil Code specifies what kind of responsibility the members of the partnership bear for their actions (or inaction), as well as the chairman and members of the board. But this does not mean that the activities of the HOA are not controlled in any way and violators cannot be held accountable.

Note! As a rule, specific punishments for certain offenses are prescribed in the Charter of the partnership, or it contains the note “in accordance with current legislation.”

General civil liability arises for the following offenses:

1. Negligence – for example, if a board member did not notify residents of an upcoming meeting at least 10 days before the event.
2. Fraud - for example, false documents about the number of owners of the premises or about the readings of common building meters.
3. Misappropriation or embezzlement - malicious misdistribution of funds from the general or reserve fund
4. Misrepresentation or deception, including of the general meeting.
5. Official forgery.
6. Exceeding authority (this includes posting lists of tenants of debtors, and entering an apartment without the permission of the owners).

Reference! All members of the HOA, including the chairman and representatives of the board, bear financial responsibility for their actions. The amount of damage is determined using a special act, in the preparation of which, if necessary, a professional appraiser is involved.

If an emergency occurs in an apartment, resulting in material damage not only to the owner, but also to neighbors, the responsibility of the residents and the association is differentiated, depending on what caused the accident .

For example, if an apartment flooded due to a break in a pipe belonging to common property, the HOA will be responsible for losses, since, according to the Rules for the maintenance of common property, all plumbing belonging to this category must be systematically checked.

If the flood of the apartment and neighbors occurred due to broken pipes that are not related to the common property (for example, a faucet burst in the kitchen), the HOA will not bear any responsibility for the flood.

In addition, liability in specific situations involving wrongdoing may be described in the Articles of Association of the partnership . For example, if fraud is discovered, the chairman will be required to pay a fine to the HOA.