Article 147. Board of a homeowners association - as amended, verified 09/03/2020 - Housing Code

Article 149 of the RF Housing Code

Note that the use in Part 1 of Art.
149 the term “officials” is not entirely correct, since we are not talking about a state or municipal organization. It should be assumed that this refers to the chief accountant and other persons who hold positions in the partnership on the basis of employment contracts. Compliance with the instructions of the chairman of the board should be considered as a legal obligation of these persons. 1. The chairman of the board is the sole executive body of the partnership, elected by the board from among its members for a period determined by the charter of the partnership (see Part 3 of Article 147, Part 1 of Article 149 of the Code). As already noted, the election of the chairman of the board of a homeowners’ association by the board is not entirely consistent with the nature of the sole executive body, which, on the one hand, must have sufficient independence from the collegial executive body, and on the other, be completely controlled by the highest management body.

Expiration of the term of office

According to Art. 149 of the Housing Code of the Russian Federation, the term for exercising the powers of the chairman of the board is established in the Charter of the HOA.

Usually he is chosen for two years. This period is the most optimal.

If the chairman's term of office has expired, he will not be able to perform the following functions:

the partnership's bank account will become inaccessible to it;
after the expiration of such a period, bank employees should be provided with a copy of the decision of the meeting of members of the partnership on his re-election.

Care must be taken to ensure that third parties are not able to enter into an unprofitable agreement on behalf of the HOA. Such an agreement can only be declared invalid in court.

Can he withdraw his powers?

The chairman has the right to remove his powers on his own initiative on the grounds established in the HOA Charter.

During the general meeting of members of the homeowners association, he needs to raise the issue of his reassignment.

In accordance with the minutes of the meeting, his powers are removed, and another member of the association is elected to this post.

Partnerships have now become an alternative to management companies. Since management companies do not always strive to fulfill their responsibilities for maintaining houses properly, citizens prefer to choose the method of direct management of the real estate they own and create an HOA. In this regard, such control methods compete with each other.

For the advantages of an HOA over a management company, see the article: which is better, an HOA or a management company.

Video: What is the chairman of the HOA responsible for?

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All about HOAs according to the new Housing Code of the Russian Federation: what it is, its pros and cons, changes to the charter

Any owner of the HOA members has the right to control the spending of the partnership’s funds. He can get acquainted with the movement of funds in the current account of the partnership , which receives all working capital.

Hello Galina Sergeevna, read the “Rules for the maintenance of common property in an apartment building”, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, in particular, Chapter 2 contains requirements for its maintenance. Based on this legal act, require HOA employees to carry out the necessary maintenance and repair work on your common property.

Drawing up a protocol

The new law does not establish a specific, unified form of the protocol; it only introduces some requirements for its preparation. Based on the requirements for other organizational and administrative documents, specialists have developed a sample protocol for the general meeting of SNT members; it can be used in their activities.

This is important to know: Decision of the general meeting of owners of an apartment building: sample

Basic requirements for the form listed in Federal Law 217:

mandatory indication of voting results on agenda items;
attachment of a list with the signatures of all members (or their representatives) who took part, with a personal signature of each participant.

The form is signed by the chairman (not necessarily the chairman of the partnership; by a majority vote of the participants, another person can receive this status). If you voted in absentia, the chairman signs the form.

In accordance with the new Federal Law 217, persons who are not members of the partnership are required to participate in the maintenance of common property, according to which they must annually contribute for these purposes amounts equal to the total established membership and target contributions. They also have the right to participate in the management of the non-profit organization and vote on major issues. Their votes must be formalized in exactly the same way as the votes of SNT members, that is, their signature is required, no matter in what form the meeting takes place.

HOA meeting: powers and procedures

The right to go to court with a claim to invalidate the decision of the HOA meeting is given by Part 6 of Article 46 of the Housing Code of the Russian Federation. The claim must be filed within 6 months from the date of receipt of information about this decision.

Notification of a meeting of HOA members is a mandatory procedure. This is discussed in detail in Article 45 of the RF Housing Code. Owners are sent a notice with basic information about the event. Residents must be notified no later than 10 days before the date of the meeting.

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Management Authority

The Housing Code does not give a clear answer as to exactly what powers the management of an HOA should have.
Article 147 states that it performs any economic functions for maintaining the house, with the exception of those that can only be sanctioned by residents at a general meeting.

This includes decisions to amend the charter, liquidation and reorganization, the start of major repairs and other important changes prescribed in Article 145 of the Housing Code. If you want to leave the organization, then the rules for leaving are also included in the charter.

On the other hand, Article 148 spells out a number of duties that cannot but be spelled out in the charter.

In this list:

control over compliance with the provisions of the charter.
Collection and control of payments made by residents to the HOA account.
Maintaining financial statements based on completed business activities.
Drawing up financial and economic plans for the next periods of work, presenting them for discussion at the general meeting.
Making decisions about the common property of the house, drawing up contracts with subcontractors and resource-providing organizations.
An annual general meeting of HOA members to discuss current issues and approve plans.
Hiring workers, drawing up staffing schedules, and, if necessary, concluding temporary contracts for the repair and operation of premises.

How to re-elect the chairman of the HOA: protocol of re-elections upon change of director

A homeowners association is an organized management body for an apartment building. It is the partnership that is responsible for making any decisions. Back in 2020, the government of our country issued a decree according to which every multi-storey building must elect either a council of homeowners or an association.

In this case, everyone living in a house under the control of the HOA and its chairman in particular should know and have an idea of how to remove an illiterate chairman who is misappropriating funds fraudulently.

How to control the Board in an HOA

You need to look at the Charter of your partnership.

The HOA is a public organization, therefore the state exercises only nominal control, ensuring that the activities of the partnership correspond to the goals for which it was created. Actual control over the economic activities of the HOA falls on the shoulders of its direct participants. If among the members of the HOA there is a group of proactive residents, they can make the organization’s activities quite transparent, and the method of audits and revisions plays an important role in this.

Revision. The audit commission can check where the money given by residents goes, if the garbage has not been removed for weeks, and the hot water has long disappeared from the tap. It is formed by election, and any resident of the house can become its participant. The formation of the commission takes place at a general meeting, from among the members of the HOA or members of their families. The term of office of the supervisory body is two years. It is important to note that the chairman of the HOA and members of the board do not have the right to join the audit commission. One of the tasks that falls on the shoulders of auditors is to check the financial activities of the HOA:

-Checking income and expense estimates, reporting;

-Analysis of bank statements, cash reports, expenditure of received funds;

-Checking tariffs for utilities and housing;

Analysis of the distribution of savings from utility bills.

Based on the results of the inspection, the commission draws up a report on the activities of the HOA. Only a specialist can cope with complex accounting and legal work - which is why it is desirable that the commission include professional economists, financiers and auditors. However, if there are no initiative residents of the house, you can solve the problem simply - invite independent auditors.

Audit. An audit involves the involvement of specialists from a third-party audit company on the basis of a contract. One or more auditors study the submitted documents in detail and obtain explanations from the HOA management. After the inspection, residents receive a properly prepared report and an audit report. It describes in detail the identified violations, provides comments and recommendations. As practice shows, residents resort to audits much more often than to audits. An audit allows you to entrust complex work to professionals and get a complete picture of the financial and economic activities of the HOA.

If during the audit it turns out that management is ineffective, it may make sense to entrust the matter to professionals from the management company. In this case, the governing bodies of the partnership will be assigned only control functions and reporting to other members of the HOA.

The audit commission and independent auditors will help to effectively control the HOA. Choose the option that best suits your partnership. It is recommended to check the financial and economic activities of the HOA regularly - once a year.

All owners have the right to familiarize themselves with the reports of auditors and auditors.

If the HOA board does not have the necessary professional skills, you have the right to initiate recourse to the services of management companies. Today there are many professionals in this field on the market.

Powers of the HOA board under the Housing Code

1. Management of the activities of the homeowners’ association is carried out by the board of the association. The board of a homeowners' association has the right to make decisions on all issues of the partnership's activities, with the exception of issues falling within the exclusive competence of the general meeting of owners of premises in an apartment building and the competence of the general meeting of members of the homeowners' association.

How can I distribute the fee in favor of one of the two lawyers who provided me with an answer? I don’t want to thank both of them, but I want to highlight one for a complete answer. Your system does not give me this opportunity.

Legislative framework

The process of carrying out the activities of the partnership is regulated by Section 6 of the Housing Code of the Russian Federation. It contains the rights of the HOA, the procedure for forming this legal entity, as well as its responsibilities.

Article 143.1 of the Housing Code of the Russian Federation establishes the rights of members of the association of owners of premises and residents of the house who are not members of the association.
Previously, the organization’s activities were regulated by the Federal Law “On Homeowners’ Associations” dated June 15, 1996 N 72-FZ, but after the adoption of the Housing Code of the Russian Federation, the document lost its force.

Therefore, first of all, when analyzing the activities of the HOA board, one should be guided by the norms of the Housing Code.

Article 149 of the RF Housing Code

2. The chairman of the board of a homeowners’ association acts without a power of attorney on behalf of the partnership, signs payment documents and makes transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership, develops and submits for approval to the general meeting of members of the partnership the internal regulations of the partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, regulations on the payment of their labor, approval of other internal documents of the partnership provided for by this Code, the charter of the partnership and decisions of the general meeting of members of the partnership.

1. The chairman of the board of a homeowners association is elected for the period established by the charter of the association. 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.

HOA governing bodies: procedure for election, functioning, responsibility

General provisions on the governing bodies of a homeowners' association (hereinafter referred to as the HOA) are enshrined in the Housing Code of the Russian Federation. The governing bodies of the HOA are:

general meeting of members of the partnership;
board of the partnership.

We should start with the fact that membership in a homeowners association (hereinafter referred to as the HOA) is voluntary. It arises on the basis of an application by the owner of the premises for admission to membership in the HOA.

The general meeting of HOA members is the highest governing body of the partnership.

Its functions and powers are quite extensive and include the following issues:

in the Housing Code of the Russian Federation;
in the articles of association of the partnership. The charter may provide for additional powers in addition to those established by the Housing Code of the Russian Federation;
In addition, the general meeting of HOA members has the right to resolve those issues that fall within the competence of the board of the partnership.

The Housing Code of the Russian Federation determines the exclusive competence of the general meeting of HOA members. Exclusive competence presupposes the impossibility of resolving these issues by other HOA managers.

CREATION OF HOA

As a matter of exclusive competence, the general meeting of the HOA members decides on the following key issues of the activities and management of the house:

amendments to the charter of the partnership or approval of the charter in a new edition;
resolving issues related to reorganization and liquidation;
election of members of the board of the partnership, members of the audit commission (auditor) of the partnership and, in cases provided for by the charter of the partnership, also the chairman of the board of the partnership from among the members of the board of the partnership, early termination of their powers;
establishing the amount of obligatory payments and contributions of members of the partnership;
approval of the procedure for the formation of the partnership’s reserve fund, other special funds of the partnership (including funds for current and major repairs of common property in an apartment building) and their use, as well as approval of reports on the use of such funds;
making decisions on obtaining borrowed funds, including bank loans;
determining the directions for using income from the economic activities of the partnership;
approval of an annual plan for the maintenance and repair of common property in an apartment building, a report on the implementation of such a plan;
approval of estimates of income and expenses of the partnership for the year, reports on the implementation of such estimates, audit reports (in the case of audits);
approval of the annual report on the activities of the board of the partnership;
approval of the conclusion of the audit commission (auditor) of the partnership based on the results of the audit of the annual accounting (financial) statements of the partnership;
consideration of complaints against the actions of the board of the partnership, the chairman of the board of the partnership and the audit commission (auditor) of the partnership;
adoption and amendment, upon the proposal of the chairman of the board of the partnership, of the internal regulations of the partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, provisions on the payment of their labor, approval of other internal documents of the partnership provided for by this Code, the charter of the partnership and decisions of the general meetings of members of the partnership;
determining the amount of remuneration for members of the board of the partnership, including the chairman of the board of the partnership;
other questions.

The specific procedure for the functioning of the general meeting of HOA members is prescribed in the charter of the partnership. General - enshrined in the Housing Code of the Russian Federation.

HOA AUDIT

In accordance with the requirements of the Housing Code of the Russian Federation, an agenda is formed for holding a general meeting of HOA members. The general meeting of HOA members does not have the right to bring up for discussion issues that were not included in the agenda.

The general meeting of HOA members is convened by notifying its members. Notification in writing is sent by the person on whose initiative the general meeting is convened.

The Housing Code of the Russian Federation imposes requirements for the preparation of notifications.

The notice of a general meeting of members of the homeowners association must indicate:

information about the person on whose initiative the general meeting is convened;
place and time of the meeting;
agenda of the general meeting.

The general meeting of HOA members is valid if it is attended by members of the partnership or their representatives who have more than 50% of the total number of members of the partnership.

For how long is the chairman of the HOA elected?

The experience of many existing homeowners' associations shows that often the chairman of the board neglects the interests of the association and its members, commits financial abuses, tries to influence the adoption of decisions by the general meeting, opposes himself to the association, imposes his will on the members of the association, etc. Of course, in such cases such a chairman must be replaced, but in practice it is not always possible to achieve an appropriate decision from the board.

2. The chairman of the board, according to the commented article, is the organizer of the current activities of the partnership: ensures the implementation of decisions of the board, gives instructions and orders to all officials of the partnership, the execution of which is mandatory for these persons.

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Features of the work of a homeowners association (HOA) in 2020

merger of legal entities;
merger of one legal entity with another;
division of a legal entity into several different organizations;
separation of individual companies from a legal entity;
transformation of a legal entity into another organizational and legal form.

the name of the partnership has changed;
in the agreement the association is referred to as a “non-profit corporate organization”;
entrepreneurship is permitted if it is carried out for the benefit of the owners;
the presence of a chairman (there may be several chairmen) and a board is mandatory;
it is possible to form a supervisory board;
the rights and obligations of TSN members can be changed based on the minutes of the general meeting of owners.

The Housing Code of the Russian Federation defines the term of office of the chairman of the HOA board as no more than 2 years

3) election of members of the board of the partnership, members of the audit commission (auditor) of the partnership and, in cases provided for by the charter of the partnership, also the chairman of the board of the partnership from among the members of the board of the partnership, early termination of their powers;

Good afternoon. According to Art. 149 of the Housing Code of the Russian Federation “1. 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 the 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.”

Federal Law dated June 4, 2011 N 123-FZ “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” supplemented Article 147 of the Housing Code of the Russian Federation with Part 3.1. the following content:

"3.1. A member of the board of a homeowners' association cannot be a person with whom the association has entered into an agreement for the management of an apartment building, or a person holding a position in the management bodies of the organization with which the association has entered into the said agreement, as well as a member of the audit commission (auditor) of the association. A member of the board of a homeowners’ association cannot combine his activities on the board of the partnership with work in the partnership under an employment contract, as well as entrust, trust, or otherwise entrust to another person the performance of his duties as a member of the board of the partnership.”

The specified additions to the Housing Code of the Russian Federation came into force on June 18, 2011.

First of all, questions were raised in the interpretation of the second sentence of the paragraph, which states that a member of the HOA board cannot combine his activities on the board with work in the partnership under an employment contract.

Lawyers, members of the HOA board, chairmen, as well as owners of premises in apartment buildings simply concerned about the amendments, who are active Internet users, began to discuss the problem: how now to pay the salary of the HOA chairman and whether to pay at all, because the chairman of the board is, first of all, a member of the board, and within the meaning of Article 147 of the Housing Code of the Russian Federation, a member of the board cannot now be in an employment relationship with the HOA.

On Internet forums, blogs, and the pages of legal websites, the most incredible versions of what was happening began to appear, to the point that if it is now impossible to pay the salary to the chairman of the HOA, no one will take the chairmanship, the HOA will “fall apart,” which leads to the conclusion that the legislator has decided to end with such an institution as the HOA, and therefore introduced part 3.1. in Article 147 of the RF Housing Code.

Others write that the chairman of the HOA should be removed from the staff and called a manager, and the “manager” should be paid a salary.

Someone points out the impossibility of concluding either an employment or civil law contract with the chairman of the HOA board.

Some write in the forums that they have already stopped paying wages to the chairman of the HOA board, since now due to the imperative of part 3.1. Article 147 of the Housing Code of the Russian Federation, the chairman of the HOA does not have the right to receive payment for work as a person combining membership in the board of the HOA and work as the chairman of the board in the same HOA.

There are other rationalization and creative considerations and proposals on this issue on the Internet.

See further: “Should the chairman of the HOA work for free or for a fee (salary)”?

Return to the contents of the publication: “ Salary and employment contract or payment of remuneration to the chairman of the board of the HOA? "

What changes to the content of the HOA charter have been made by the new Housing Code of the Russian Federation in 2020

If the tenant - the owner of the premises does not agree with any point, it is necessary first of all to contact the chairman of the board with a letter in which he sets out the essence of the complaints. The response must also be provided to the applicant in writing.

change of name;
indication “non-profit corporate organization”;
engaging in entrepreneurship is possible to achieve the common goals of the owners;
the chairman and the board must act;
it is possible to elect several jointly acting chairmen;
the possibility of forming a supervisory board;
change in accordance with Article 65 of the rights and obligations of HOA members.

Housing Consultant

The main goal of creating such a society is to enable residents to independently manage the funds paid for utility services and housing maintenance.

The head of the partnership or chairman is elected by the members of the board and is the person responsible for all actions performed by the board of the HOA and the organization itself as a whole. The term of office of the chairman is also calculated at two years . This is a paid position.

Procedure for holding the meeting

The general meeting of the partnership's participants is valid if more than 50% of the organization's members or their representatives are present. To register those who have appeared, a list of SNT members is compiled indicating their full name. gardeners and a place for a personal signature.

Often gardeners try to take the minutes of the general meeting of SNT on the Internet and draw up their document on its basis, not paying attention to the fact that the sample is based on invalid rules of law.

IMPORTANT! From 01/01/2019, decisions of the SNT meeting are made by a qualified majority of at least two-thirds of the votes of the total number of present members of the partnership on the following issues:

changes to the SNT charter;
election of governing bodies, audit commission (auditor) and early termination of their powers;
determining the terms of remuneration for the chairman, members of the board and other persons with whom the partnership has entered into employment contracts;
making a decision on the acquisition by the partnership of land plots that are in state or municipal ownership and on taking the necessary actions for this;
making a decision on the creation (construction, reconstruction) or acquisition of public property;
making a decision on the transfer of public real estate into ownership;
distribution of formed plots among SNT members;
approving the partnership's income and expense budget and making a decision on its implementation;
determining the amount and deadline for making contributions, the procedure for spending targeted contributions;
approval of the financial and economic justification for the amount of contributions;
making decisions on the reorganization and liquidation of the organization, on the appointment of a liquidation commission (liquidator), on the approval of the interim liquidation balance sheet and liquidation balance sheet.

On all other issues, decisions are still made by a majority vote of the total number of members of the partnership present.

What is a homeowners' association according to the 2020-2020 housing code and how its charter has changed

To make changes to the HOA Charter, it will be necessary to convene a new general meeting of the residents of the building, the agenda of which will be to make changes to the document. Based on the results of the new meeting of the owners, a protocol is drawn up, which is signed by all members of the Partnership.

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The undoubted advantage of the HOA is that it decides how the house will be maintained - whether the house needs constant security, whether routine repairs of the lobby, staircases and corridors are required, what communications require replacement, etc. Since the HOA has the right to dispose of all common areas, residents, by joint decision, can determine the purpose of the attic and basement.

Drawing up minutes of the meeting

The decisions of the general meeting of SNT members are documented in a protocol, which is signed by the chairman of the event. The document must indicate where and when the meeting of gardeners took place, who was present at it, what issues were discussed, the voting results, and the decisions made. It is advisable not to leave empty spaces or empty spaces in the document, so that in the future it will be impossible to enter anything there. A list with the signatures of all gardeners who took part in the meeting is attached to the minutes. Members of gardening organizations, as a rule, meet infrequently, and there are many issues on the agenda. Therefore, the minutes are kept in full in the affairs of the partnership, and for submission to various authorities, extracts from the minutes are made regarding the required issue.

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Powers of members of the HOA board

The decision is considered legal when the majority of participants vote for one candidate or another; it is documented in the minutes of the general meeting. An important point: at the general meeting there cannot be voting “by hand”, it is carried out by filling out ballots. You need to know that the powers of the chairman of the HOA elected at the general meeting, broader than the powers of the chairman elected by the board.

Let's talk about this in more detail and find out how the election of the chairman of the HOA takes place, who can become one and what to do if the activities of the elected leader do not suit the residents. First, let's find out who the chairman of the HOA is and what his responsibilities are.

Election of board members

Article 147 establishes a limitation on the maximum time for the management of the partnership to exercise its powers. The time period between two elections of the board must be at least two years.

In this case, each member of the partnership has the right to nominate himself for the position of member of the board. This does not mean that he should be the candidate. Usually, each entrance selects a manager they like and offers to become a candidate in the elections. This ensures a balance of interests in management meetings.

The procedure for elections is determined by the charter of each individual organization. Usually, after the expiration of the term or the announcement of special elections, HOA members are given time to decide on candidates.

At this time, it is possible to nominate candidates and campaign for them.

The final decision on the composition of the new board is made by general vote.

The Housing Code of the Russian Federation does not stipulate whether it must be in person. To avoid fraud with protocols and voting results, it is recommended to convene an in-person meeting with a personal survey.

After the results are announced by the counting commission and new board members are elected, the work of the partnership continues as usual. The period for new managers to take office is described in the charter.

The chairman of the HOA is not the owner of the property: the law and consequences in judicial practice

To become the chairman of the board of a homeowners association, you first need to be a member of the board. Next, you need to do some work and conversations with the owners of the apartments in the building so that you can form a kind of support group that will support you in the future and encourage other residents to vote for you.

It is also the responsibility of the HOA board, or rather its chairman, to receive residents and discuss with him issues that concern them. Therefore, the position of chairman of an HOA is a difficult, troublesome job; fulfilling these duties does not always fit into an eight-hour working day. As we can see, this is not a very profitable position, problems constantly arise regarding the life support of the house, there will always be residents who are dissatisfied with some aspects.

Who is the chairman of the HOA and what is his job? What is his responsibility?

Residents of apartment buildings do not always understand how much work the company must perform in order for the level of services to be at the proper level.

What are the functions of the chairman of the HOA, what exactly should he do, can he be re-elected?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

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Who is it?

The chairman of the homeowners' association is elected from among the board members (Article 147 of the Housing Code of the Russian Federation), which can only be those who own premises in the apartment building.

This means that only the owner of one of the premises can become the head of the HOA (Article 161 of the Housing Code of the Russian Federation).

The first person of the community represents and defends the interests of all residents, being one of them, in front of third parties - resource suppliers, repair contractors, government agencies, etc.

What is the difference from a HOA manager?

Who does the HOA need a manager or chairman? Among the owners who become members of the board, there are not always people with practical experience in the housing and communal services sector.

A chairman without special technical higher education and skills in the field of public utilities will do absolutely the right thing if he hires a manager.
The chairman of the board of the HOA , or simply the chairman of the HOA, is an administrator , while the manager commands the plumber, electrician, junior maintenance personnel and keeps under control the uninterrupted operation of all common building networks and systems, and monitors order in the common building territory.
The manager is, in fact, the manager of the building, who must have an understanding of the formation of tariffs and be able to explain to residents the essence of receipts for payment of utility bills.
The chairman is vested by the general meeting with the authority to manage finances and sign any documents, while the building manager has limited access to the documentation of the HOA board, and will receive the right to sign if he is given a power of attorney.

The manager is hired, with the beginning and end of the contract specified , and the head is elected along with all members of the board for a certain period, usually 2 years long. The chairman has broader powers than the manager.

To become the chairman of the HOA, you need to be in the thick of events taking place in the apartment building, take an active part in all endeavors, and moreover, you should initiate these innovations.

It is important that almost all owners know the activist by sight and contact him.

Source: https://pravo.guru/gilishnoe-pr/nedvigimost/kvartira/tszh/predsedatel

Chairman of the HOA

If we talk about the powers of the chairman of the HOA, they are determined by the main document of the partnership, and it is the Charter. It is approved at a general meeting of residents and must be approved by the majority. The chairman of the board of the HOA acts on the basis of this document and Article 149 of the Housing Code.

Regarding the breadth of authority, residents often have the question of whether they have the right to enter the apartment during their absence? Such an action can be performed only if a serious emergency situation has arisen that threatens the integrity of the property of the remaining members of the partnership and the house itself. It is within his competence to enter the apartment without residents, but with the help of the appropriate utility services, in order to eliminate all problems.

HOA board meeting

Management of the common property of residents is carried out collectively. The number of people on the HOA board is regulated by the charter and can be changed by decision of the general meeting. Any member of the partnership who is not its client can be elected to the collegial board.

A meeting is an event to establish a compromise solution between board members. The procedure and frequency of meetings are indicated in the charter. Usually the chairman of the board convenes it at his own discretion and proposes his own agenda.