According to representatives of the prosecutor's office, the issue of payment for the services of the chairman is not within the competence of the general meeting of owners. This is not the only case, experts say. Management companies often either completely deny the possibility of receiving remuneration for the chairman or offer illegal mechanisms. In addition to adding an additional line to the payment order, there are attempts to increase tariffs for certain services. ROMAN KAZAKOV, HEAD OF THE PUBLIC MOVEMENT “PEOPLE’S CONTROL IN HUSING AND UTILITIES”: “Management companies often cheat and try to include a component of remuneration for the chairman in the cost of management services. Which in fact can also cause a contradiction. Both the prosecutor’s office and the courts may have ambivalent views on this.” The remuneration of the chairman of the building council itself is not specified in the Housing Code.
Remuneration for the chairman of the board of an apartment building
Important
They will receive money for monitoring the cleanliness of the entrances, carrying out repairs and the quality of utilities - that is, monitoring the work of the management company. The Ministry of Construction came up with this initiative. We have everything under control! The house council is a relatively recent phenomenon in our country; it was introduced into housing legislation in order to involve apartment owners - often indifferent and lacking initiative - in the process of managing their apartment building. A council must be created without fail in every apartment building with more than four apartments.
And where homeowners' associations (HOAs) and housing construction cooperatives (HBCs) are not organized. Of course, in houses that are operated by management companies, problems with repairs and maintenance of housing arise much more often than where the owners have created an HOA.
Who can become the chairman of the MKD
Only the residents themselves can represent the interests of the residents of an apartment building. It is worth paying special attention to the fact that according to the law, only apartment owners are elected members of the SMKD, as well as managers. Tenants and temporarily registered residents do not have the right to become official representatives. But they can take part in the appointment.
The chairman and members of the council are elected by election. At the general meeting it is necessary to determine the number of members of the SMKD. There is no legal limit on the number of participants, but it is important to use common sense. It is also required to propose several candidates for the position.
The manager should be chosen from among the council members and only the property owner. The result of solving problems and everyday issues depends on the quality of work of the manager of the SMKD, and a responsible, experienced and conscientious citizen should be appointed to such a position.
1. Negotiate with the management company on behalf of the owners on the terms of the management agreement before its conclusion or on proposed changes (clauses 1, 2, part 8, article 161.1 of the Housing Code of the Russian Federation).
It is easier for a management organization to discuss a draft agreement or changes to it with one person than with all the owners. The chairman will discuss the agreement with the management company in advance and will be able to convey its main theses and conditions to the owners at the OSS.
2. Sign a management agreement on behalf of the owners on the basis of the powers of attorney issued to him (clause 3, part 8, article 161.1 of the Housing Code of the Russian Federation).
We suggest you read: How to register a land plot for an apartment building
The management company will be able to save time and resources if the management agreement or an additional agreement to it is signed by one person on the part of the owners. There will be no need to print additional copies and send documents by mail to each owner without a guarantee of receiving them back.
3. Sign acceptance certificates for work and services performed or provided by the organization under a management agreement, as well as monitor the performance of work and provision of services (clause 4, part 8, article 161.1 of the RF Housing Code).
Having established constructive work with the council of the apartment building and its chairman, the management authority can always talk with them about any shortcomings and shortcomings made during the maintenance and repair of the common property of the house.
If the chairman of the council is elected in the house, then his responsibilities include signing acts of acceptance of completed work from the management authority. You can agree with the chairman of the MKD council to send him acceptance certificates by registered mail once a year, and approve these conditions at the general meeting of owners.
4. Appears in courts on issues of managing the house and providing utilities on behalf of the owners on the basis of a power of attorney (clause 5, part 8, article 161.1 of the Housing Code of the Russian Federation).
It is always easier to conduct any disputes with one person than with several, so management organizations will benefit if the chairman represents the interests of numerous owners of premises in the house.
5. Resolve issues regarding routine repairs of common property and other issues with the consent of the general meeting of owners (clause 6, part 8, article 161.1, clause 4.3, part 2, article 44 of the Housing Code of the Russian Federation).
Drawing up a plan for current repairs for the year will become easier if it is approved only by the chairman of the council or the council of the apartment building.
The council of the apartment building, along with monitoring the management's execution of the management agreement and the execution of decisions of the general public association, performs information and analytical functions. The council brings important issues and proposals for managing the house to the owners for discussion, and annually reports on the work done (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).
Will the chairman of the house council receive a salary?
The facts that the chairman “did not sit idle”, but worked for the benefit of the residents, will help the court make a fair decision. Apartment building Based on Part 2 of Art. 161 Housing Code of the Russian Federation, owners can choose one of three methods of managing apartment buildings:
- HOA or housing cooperative;
- Management Company;
- direct management if the number of apartments in an apartment building is less than 30.
If the house is not managed by a homeowners association, management company or other organization, that is, it is directly managed, and there are more than 4 apartments in the house, the owners are required to elect a council of the apartment building. Based on the text of Part 6 of Art. 161.1. LC, a chairman is selected from among the council participants, who is assigned the duties provided for in Part 8 of this article. According to Part 8.1. According to the same article of the housing law, the General Council has the authority to decide to pay remuneration to the chairman or other members.
Definition and functions of the council
A building council should be created by the owners of premises in an apartment building in the absence of an HOA, LCD or PC. For council elections, in accordance with clause 1 of Article 161 of the Housing Code of the Russian Federation, there must be more than four apartments in the building. In cases where the council is not elected, a general meeting of homeowners is convened, where the issue of electing responsible residents is put on the agenda.
The main functions of its activities include monitoring the work of the management company (MC), the quality of services provided and the performance of work on the maintenance and repair of public property in the apartment building. The chairman defends the interests of residents in communication with the management company and resolves controversial issues, including filing lawsuits.
It is important to note! A special feature of the position of chairman is the fact of his election, i.e. You cannot hire a third party for this position.
Selfish issue - remuneration for the chairman of the board of an apartment building
However, there is still one legal way to receive a reward. It was adopted by the residents of the house on Pavlova Street. Here the chairman receives a lump sum payment once a year.
Attention
Money for this is allocated from the income of the house - for example, from the rental of premises or from advertising on the facades. DMITRY KRYAZHEV, CHAIRMAN OF THE BOARD OF THE HOUSE ON ST. PAVLOVA: “If the owners make such a decision, then the management company enters into an agreement under which the chairman is paid a certain amount. Of course, this is not a huge amount of money. But, at least, this money will go to the office, to paper, to correspondence with management companies and government agencies that control it.”
Now in Krasnoyarsk only 10% of the chairmen of apartment buildings receive awards for their work.
Event financing
In addition to payments to board members, in certain cases additional funds may be required to carry out house management activities. This could include office expenses, as well as expenses for photocopying and printing documentation, telephone calls, etc.
In such situations, the legislation also does not regulate the procedure and process of fundraising, and the creation of a dedicated fund to finance events is not provided. The issue can be resolved in a similar way to collecting funds for council remuneration, by creating a bank account or plastic card for one of the residents selected by the cashier or a public cash collection office. Because The house council is not a legal entity; creating a joint bank account is impossible. It is recommended to immediately think through a reporting plan for funds collected and spent on various needs.
This is interesting! You can also use the second above method of transferring money to pay off the costs of conducting various events - by including this item in the line “provision of office services” in the payment receipt from the management organization. This formulation includes both typing and printing or copying of documents, as well as the supply of office supplies.
To carry out this procedure, you will need a preliminary calculation of the required number of services, and with these calculations you should contact the management company for approval and inclusion of a new clause in the agency agreement with residents.
In practice, this option for resolving the issue helps to facilitate the activities of the head and other members of the council of an apartment building and is approved at the legislative level.
In conclusion, it should be remembered that the law gives owners the right, but does not oblige them, to pay for the work of the council. Payment is made only after a positive decision by a majority of votes at a general meeting of residents of the building and the determination of the amounts and procedure for their payments in relation to one chairman or all members of the MKD council.
Country of Soviets
Basically, problems can only begin if you rent out an apartment unofficially, without any documents. Then the head of the council of your apartment building can write a “report” to the tax office, convicting you of illegal profits. This happens very rarely and only in cases where relations with neighbors and the council are completely damaged. If everything is formalized according to the law, then the only claim may be a violation of public order. How is his activity paid? Should there be payment for such work? Paying a specific fee to the chairman of the board of your apartment building is not necessary, but it is worth doing. To fulfill all the duties, a person needs to spend a lot of personal time and moral strength. Therefore, it is logical that he should receive some kind of compensation for successful work.
Remember
The management organization may be the payer of insurance premiums from the amount of remuneration it makes in favor of the chairman of the MKD Council within the framework of labor relations (clause 1, clause 1, article 419 and subclause 1, clause 1, article 420 of the Tax Code of the Russian Federation).
The management entity must submit a calculation of insurance premiums to the tax authority at the place of its registration (clause 7 of Article 431 of the Tax Code of the Russian Federation).
In the calculation, the MA reflects information about all individuals for whom it is the insured, including information about the chairman of the MKD Council.
If the OSS has decided to pay remuneration to the chairman of the MKD Council by the management organization at the expense of money received into its account, the MA acts as a tax agent.
The tax agent must calculate, withhold from funds paid to the taxpayer, and transfer amounts of personal income tax to the Russian budget system.
Salary for the chairman of the board of an apartment building
At the same time, the verdict must contain the conditions for payment of wages, the procedure for determining the amount and other nuances. Thus, the chairman of the MKD council, just like the chairman of the HOA, can receive remuneration for his work, but only if the general meeting makes an appropriate decision. So, we found out that the chairman's salary is a remuneration. Its size and payment rules are determined by the general Council. If apartment owners unreasonably fail to pay remuneration, the chairman, who conscientiously performs his duties, may go to court. Video: Salary of the chairman of the HOA, TSN. Part 2.
Salary for the chairman of the board of microdistricts
Until spring, we remind you that all building managers will have to pass tests on their knowledge of housing legislation and receive a special license, without which it will be impossible to work in an apartment building. But the chairmen of homeowners' associations and housing cooperatives, among whom there are also scammers today, do not need such permissions by law. Meanwhile, the newspaper's editor constantly receives letters of complaints about their chairmen.
Readers say that they regularly pay bills, but do not see work done around the house - elevators are broken, plaster is falling off, there is no lighting, and so on. At the same time, re-electing the head of a partnership or cooperative is not so easy. “Why shouldn’t they take exams and get licenses like management companies,” they ask us. “Then there would be fewer scammers.”
House elder: rights and responsibilities
Info
By making a decision at the general meeting to exempt the chairman and members of the council from appropriate payments, residents provoke the emergence of inequality, which, according to the law, is unacceptable. There is one more point that should not be ignored. When concluding an agreement, it specifies a clear amount that is necessary to cover all the costs and risks of the management company and for it to receive a certain profit.
If one or more residents suddenly stop making cash payments, the organization inevitably suffers losses, which, in turn, negatively affects the quality of the services provided. And this is not in the interests of any of the residents of the house. Additional reasons Exemption from utility bills is also impossible for the following reasons.
- These payments are mandatory for all apartment owners without exception.
Dmitry Ivanov February 27, 2020 The work of the chairman of the house council in most cases is a kind of hobby. There are a lot of worries, but the reward is the repairs carried out and the gratitude of the residents. But not all chairmen are ready to put up with such a situation. But the search for ways to get paid for your work sometimes leads to the courtroom. Irina Kolosova is the chairman of the council of the house on Constitution Street of the USSR. For 7 years she performed these duties on a voluntary basis, without receiving a penny for her work.
But at the prompting of the management company, she invited residents to vote on adding a remuneration clause for the chairman to the payment receipt. The majority voted yes. But the neighbors, who disagreed with this decision, filed a lawsuit, and he sided with the plaintiffs. IRINA KOLOSOVA, CHAIRMAN OF THE BOARD OF THE HOUSE ON ST.
Claims from other regulatory authorities
Management companies most often manage to win cases. But it’s still an extra hassle for them. ⚫ Decision of the Supreme Court of the Chuvash Republic dated June 20, 2017 in case No. 21-324/2017
The courts declared it unlawful to bring the head of a management company to administrative liability
under Art. 14.6 of the Code of Administrative Offenses of the Russian Federation (violation of pricing procedures) in the form of a fine of 50,000 rubles. Residents decided to pay compensation to the chairman and members of the MKD council for performing public duties in the amount of 20 rubles per apartment monthly. The fine was imposed for the fact that the company collected the approved fee, although the protocol, according to Rospotrebnadzor, did not define the procedure and conditions for payment of the remuneration, and there was no indication that the remuneration was paid by showing it in receipts for payment of housing and communal services. The court did not agree with this. He took into account the content of management agreements, according to which, on behalf of the apartment owners, the Management Company undertakes to accrue and submit for payment in payment documents the owner of the premises in an apartment building a contribution to pay remuneration to the members and the chairman of the council of the apartment building in the amount established at the general meeting of the owners of the premises.
⚫ Ruling of the Supreme Court of the Russian Federation dated 02.19.2019 in case No. A27-23844/2017 This was a dispute with the State Housing Property Inspectorate, which, during an audit, revealed that the remuneration to the chairman of the board of apartment buildings is accrued from the personal account of the house from funds received from the owners as maintenance fees and repairs. The first and appellate instances supported the inspection. They considered that such a payment could be accrued to the owners only in accordance with the agreement concluded between them and the contractor and on the basis of a separate payment document. The Arbitration Court of the West Siberian District overturned these decisions and declared the order illegal: ▪ the minutes of the general meeting instructed the management company to enter into an agency agreement, according to which it, on behalf and in the interests of the owners, must transfer money from the personal account of the house to the chairman of the board of MKD in the amount of 7,000 rubles monthly:
▪ the agreement was concluded, on the basis of it the company paid what the general meeting said. ▪ the actions of the management company do not contradict paragraph 8.1 of Article 161.1 of the Housing Code of the Russian Federation. The minutes of the general meeting and the agency agreement were not challenged by anyone or declared invalid.
About the fact that the money was taken from maintenance and repairs, the court wrote: ▪ “The inspectorate believes that the remuneration to the chairman of the MKD council is collected illegally from the item “maintenance and repair of common property.” According to the inspectorate, the management company should have included the remuneration to the chairman of the board of MKD in the payment document as a separate line. Meanwhile, housing legislation does not contain provisions on how the calculation and payment of remuneration to the chairman of the council of apartment buildings should be formalized.”
▪
“Checking the expenditure by management organizations of the funds they collect from owners as fees for the maintenance of residential premises does not fall within the competence of licensing control bodies in the field of activities related to the management of apartment buildings. Contrary to the inspector’s arguments, the payment of remuneration to third parties from funds received by the management organization for the provision of maintenance and repair services does not mean exempting it from performing a list of specific works and services for the maintenance of residential premises previously agreed upon with the owners, or from complying with the conditions for their implementation and provision.” There is another practice, more on that below.
News
The Housing Code of the Russian Federation and the general meeting of residents have the right to determine the amount of remuneration of the chairman for his work. Based on the above norm, in order to assign remuneration to the chairman, it is necessary to convene a general meeting. In accordance with Art. 146 of the Housing Code of the Russian Federation, the convening of a meeting is carried out with notification of all members of the HOA about its holding.
Thus, an initiative person or an initiative group is obliged to draw up a letter and bring its contents to the attention of residents in one of three ways:
- by sending a registered letter to the residential address of each owner;
- hand over in person against signature;
- or post it on the notice board near the apartment building.
At least 50% of the votes of the owners of their total number must appear at the place and time specified in the notice. The votes are calculated based on the share of the area of each apartment in the right of common ownership (1 sq. m. is equal to 1 vote).
