How to choose a senior person in an apartment building

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Who is the house eldest?

The normal functioning of an apartment building requires that, when interacting with authorities and local self-government, the interests of the residents are represented by a separate person. This could be a manager or a senior person in charge of the house.

In order for such a person to be vested with the appropriate powers, it is recommended to hold a meeting with the participation of apartment owners, at which:

elect a building manager;
provide it with a specific list of rights and obligations.

Please note the following circumstance: not all residents, but only homeowners have the right to cast a decisive vote. Employers and subtenants can take part and express their opinions. However, they have no right to take part in voting.

About the salary of a senior manager at the MDK or entrance

Salary of a senior worker in an apartment building

As noted earlier, the position of entrance supervisor is not fixed in the legislation of the Russian Federation. Considering this fact, the question quite reasonably arises: “Is it possible to somehow legitimize his activities and pay him a salary?” Let's try to figure it out.

Firstly, it is worth noting that the senior manager can work:

or free of charge;
or on a paid basis.

At the same time, the citizen selected for this position cannot be a representative of either the HOA or the management company.

Taking this rule into account, it becomes clear that it will not be possible to include a note in utility payments about payment for the services of the elder. In such a situation, there are several options to reward the worker:

The first is to conclude a service agreement with him. To correctly draw up and comply with all legal norms of such an agreement, it is impossible to do without the help of a professional lawyer, so the first thing you need to do is visit this specialist.
The second is to pay the elder for his work informally, that is, by directly transferring the funds collected by the residents into his hands.
And the third is to agree with the management company on the partial or full distribution of the senior’s obligations to pay utility bills among other residents of the apartment building.

Regardless of the chosen option for remunerating the work of the senior person at the entrance or at home, it is important to transfer funds in a manner that does not violate the current legislation of the Russian Federation. Otherwise, there is a considerable risk of being prosecuted. Remember this.

As you can see, the activities, rights and responsibilities of the entrance supervisor in apartment buildings are not difficult to consider if you carefully analyze the Housing Code of the Russian Federation and some other legal acts of our country.

It is extremely simple to get rid of the need to study the legislation - just refer to the material presented above or consult with a professional lawyer.

We hope today's article answered your questions. Good luck in defending your rights!

You can find out what the owners of apartments in an apartment building and their chosen house manager can do together by watching the video:

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Creating a council to select a building manager in an apartment building

Remember! The general meeting of apartment owners is convened by an initiative group, which notifies everyone no earlier than 10 days before the event.

To do this, members of the initiative group become familiar with the requirements of the current legislation on this issue. Use assistance in holding meetings from the management company.

In addition, you should:

write, print and post a corresponding announcement in public places. Set the agenda;
prepare a draft decision of the general meeting on each of the issues raised;
invite representatives of government or local government, the head of the management company to participate in the meeting;
hold a meeting at the agreed date and time. As a rule, a weekend is chosen for this purpose, when the majority of home owners can take part in the meeting;
elect a house council and a house manager by open voting.

Note! Electing a house elder will allow apartment owners to avoid problems with maintaining the house. The newly elected person will take charge of them. Will interact with the management company, local government, and utility services.

Election procedure

A person is appointed to the position of senior person in charge of a house or entrance based on the voting results of the general meeting of apartment owners. The voting results are recorded in the protocol if the residents first decide that they need this type of service.

According to the law, the issue of appointment can be raised by any of the owners within the framework of a regular or specially organized extraordinary meeting.

Any apartment owner can also organize an extraordinary meeting, provided that he notifies the other members of the meeting at least ten days in advance by drawing up an agenda. You also need to choose the exact time and location in advance.

In order to approve a decision on the choice of a position such as a senior person in a house or entrance, there must be a quorum, that is, the consent of at least two-thirds of the meeting participants. The person who will occupy the honorary post must be chosen by the members of the quorum by a majority vote (the results are recorded in the minutes of the meeting).

To approve the results, a special protocol is drawn up, and the decision made by the majority must be accepted for execution by all residents of the house, without exception. The Housing Code describes in detail possible controversial situations that may arise during the election process, and also offers ways to appeal the results.

How is the house elder elected?

Current legislation allows the general meeting to elect a building manager in two ways:

when voting by apartment owners at a general meeting. This method is used in most cases;
by recording the signature on the signature sheet. This procedure is resorted to when the majority of apartment owners are unable to gather at the appointed time for a meeting.

Only the owner of the apartment can be nominated as a candidate for the position of building manager. Tenants and tenants of residential premises of this building do not have a decisive vote.

The exception is cases when the owner of the property has delegated his powers to such a tenant by virtue of a power of attorney, duly executed.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Therefore, the procedure for electing a house manager should be as follows:

the initiative group determines the date and time of the general meeting and notifies all owners of apartments in a multi-apartment residential building;
the general meeting is valid if a simple majority of homeowners is present. Therefore, the initiative group is interested in maximum turnout;
Elections for the building manager are made by open voting. Only apartment owners take part in it;
some residents can vote remotely by signing for a specific candidate or writing a statement addressed to the general meeting about their decision to vote for the owner of the apartment whom he trusts;
There may be several candidates for the position of building manager. The candidate who receives the majority of votes is considered elected. If there is only one candidate, then elections still take place;
the voting results are documented in the minutes of the general meeting;
the management company, housing office, utility services, government or local government body are notified in writing of the decision;
if a sufficient number of votes are not obtained, the election procedure may be repeated at the next meeting;
At the election meeting, it is recommended to immediately determine the salary of the building’s senior manager, because after the election, you need to submit documents for salary registration through the management company.

How is the election of the house chairman carried out?

The chairman of the house can only be appointed as a result of a vote of the owners of residential and non-residential premises of an apartment building. This can happen by:

voting in person (at a general meeting);
absentee (filling out voting sheets).

For the elections to be recognized as valid, the participation of at least 2/3 of the owners is necessary. Tenants are not entitled to participate in voting.

The chairman is elected only from among the owners of apartments in the building. For which it is enough for him to secure at least half the votes. The term of office may be determined individually with the right to extend it by re-election for the next term.

Rules for holding a general meeting of owners sample minutes

The election and re-election of the chairman of the apartment building takes place during a regular or extraordinary meeting of residents. Each meeting must be recorded.

The protocol will become a document confirming the appointment, as well as establishing the term of office, salary level and list of benefits. At the end of the specified period, the powers of the “house manager” are extended or another is re-elected, usually for 2 years.

Documents confirming the authority of the building manager

The general meeting is authorized to adopt a number of documents that will regulate the life of the house, these are:

the charter of the house, which stipulates in detail the procedure for holding general meetings, their order, the rights and responsibilities of the house manager, the procedure and grounds for paying remuneration for his work;
regulations on residential buildings, which reflect similar issues.

If there is a small number of apartments in an apartment building, all issues are approved at a general meeting. A separate issue is the decision on the payment of remuneration to the manager.

Please note! Housing legislation provides several options for this:

the salary of the building manager is taken into account in the rent paid by the management company. She, in turn, officially recruits the house manager and pays a salary, the amount of which is established by the general meeting;
Apartment owners independently collect money for the manager’s salary.

Minutes of the general meeting of residents of an apartment building.

Read how to change the management company here.

How to get legal advice on housing and communal services issues for free, read the link:

How to find out who is boss in the house

To find out who the building manager is, just ask this question to one of the apartment owners or contact the management company, the Housing Office. In addition, information about such a person is located on notice boards installed on the first floors of each entrance.

Attention! You can also obtain complete information by attending the next general meeting of property owners of the specified multi-apartment residential building. The event is always hosted by the house manager.

Rights of residents of an apartment building

Despite the fact that the adjacent territory is in the common ownership of all residents, it is impossible to allocate a specific part of it for the use of one or several citizens. It is also prohibited to place garages in the yard without authorization, organize planting or carry out other work.

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To receive it, you must provide the minutes of the meeting of homeowners, which indicates the consent of the majority of residents to the reconstruction or construction of a new facility. In this situation, the votes of temporarily or permanently registered citizens who do not have ownership rights to the property are not taken into account.

What rights of the elder in the house are enshrined in law?

According to the current housing legislation, the building manager has the right to:

receive information from organizations and institutions regarding the life of an apartment building, send requests to the management company to eliminate violations in the public services of a residential building;
make proposals for improving the maintenance and intended use of premises and common areas, as well as the need for routine and major repairs of the building, bringing the local area into proper condition;
check the expenditure of funds allocated for the maintenance and repair of entrances, basements and roofs of a residential building;
carry out appropriate work with apartment owners on timely payment of utility bills;
accept the repair work performed by the management company or other contractors;
if a defect is detected in the work, make appropriate comments in the report and demand that the deficiencies be eliminated;
take measures to resolve issues related to violations by individual residents and apartment owners of the rules for the use of housing and common areas;
convene regular general meetings of apartment owners of a multi-apartment residential building;
to be elected to elected bodies of local self-government.

If the house manager is irresponsible in the performance of his official duties or abuses them, then he may be:

re-elected at any time by decision of the general meeting of apartment owners;
brought to administrative, criminal or material liability.

Can the house elder obtain information from the management company about debtors?

Andrey, I think the Management Company will be happy to provide you with information about the debtors, who lives where and how much they owe. In any case, to any of our production requests, the Management Committee adds these lists in its responses. Try contacting the head of the management company in writing with such a request. The question may be: if you want to encourage violators to fulfill their obligations, how are you going to do it? In the agreement with Ex. the company stipulates the responsibility of each owner for paying for services, and if he does not pay, the matter is resolved in court. I have not heard of a single court decision in favor of the Criminal Code. The HOA will have to bear the same burden. People don't pay, that's all. It is almost impossible to evict them, the bailiffs have no opportunity (there is nothing to take), it is technically impossible to turn off the water, you have no right to turn off the electricity, you will leave people without the benefits of civilization. Good luck to you!

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I think they are not obliged to provide you with such information. The management company draws up a contract for the provision of services with each homeowner personally, which means that non-payment is personal information. Do you want to know which tenants you can expect to have problems with payment in the future? When drafting agreements between residents and the HOA, consult with lawyers to provide for liability for non-payment (I think this can be a problem).

The main responsibilities of a house manager in an apartment building

The responsibilities of the building manager of an apartment building are provided for in the building's charter, regulations on the management of the building, or in the minutes of the general meeting to elect the specified official.

Typically, the responsibilities of a home manager include:

exercising control over residents' compliance with sanitary conditions and cleanliness in the local area, in the entrances of the house, in elevators, and in the basement;
quality control of repair work by the management company or other contractors;
monitoring compliance with contractual legal relations with the management company and utility services;
timely informing the management company, utilities, local government about violations related to the operation of water supply and sewerage, gas supply, and electricity supply;
taking measures to ensure the safety of common property;
interaction with owners, residents, and tenants of premises on issues related to the life of an apartment building;
storage of keys to locks installed at emergency exits, entrances to the basement or attic;
check and maintain common property in a technically safe condition;
prepare and issue, at the request of apartment owners, the necessary certificates regarding confirmation of place of residence;
interact with law enforcement agencies on issues of maintaining public order;
maintain the necessary documentation, including minutes of general meetings, various acts, appeals, correspondence, building passports and similar papers;
report to the apartment owners at the general meeting on the work done over the past period.

Watch the video. Salary for the house manager:

Job description

In order for the house manager to properly perform his duties as a senior housekeeper, and also have the appropriate rights for this, a job description is necessary.

Typically, such a document can be obtained in finished form from the management company, housing office, or downloaded from a legal website on the Internet.

Important! At the same time, residents of the building at a general meeting can detail the rights and responsibilities of their building manager.

The standard document contains the following data:

The first paragraph contains general provisions. They relate to the validity and significance of the document itself, and also indicate the legal status of the manager of the house;
the second paragraph determines the procedure for electing one of the apartment owners to this position;
the third paragraph lists all the responsibilities that are assigned by the decision of the general meeting to the building manager;
the fourth paragraph is devoted to the rights vested in the said official;
the fifth paragraph describes what responsibility the house manager bears for failure to perform or improper performance of his functional duties.

Rights and responsibilities of the entrance supervisor in apartment buildings in the Russian Federation

What are the responsibilities of the entrance supervisor in apartment buildings?
Managing an apartment building is a rather complex structure of legal relations, which includes a considerable number of subjects. Most citizens, especially those living in the previously mentioned buildings, know that the management company or the owners’ association should be responsible for the maintenance of the common property of their housing.

Each of these forms of management is chosen by the residents of the apartment building themselves. After that, it is important for apartment owners to monitor the activities of the managers of their building in order to check how competently, competently and fully they fulfill their duties.

Of course, it is irrational for a whole group of citizens to monitor the same management company, which is why in such situations the residents of the house elect a senior person, as a rule, for a specific entrance.

We will talk in more detail about his powers, rights, responsibilities and activities in general in today’s material.

What kind of salary does the house elder get?

The current legislation of the Russian Federation does not provide for such a position as a senior person in charge of a house or entrance. If the owners of an apartment building create an owners' association, then they can provide for the positions that they need for the normal functioning of the building.

Remember! In this case, wages will be paid from funds that will be paid by each homeowner. In addition, such functions can be assigned or accepted by citizens on their own initiative free of charge.

If a residential building is serviced by a management company, then its representative cannot be elected to the specified position.

Another way for the building manager to pay remuneration is to conclude a service agreement between him and the residents of the house. However, in order for such a document to comply with the norms of current legislation, its drafting should be entrusted to a professional lawyer.

It should be remembered that whatever payment option is chosen, it should not contradict current legislation. Otherwise, there is a risk of bringing the building manager to legal liability, even criminal liability.

What does the law say?

Management of an apartment building is discussed in detail in Art. 161.1 of the Housing Code of the Russian Federation

According to this article, in houses where there is no Homeowners Association, they take on the role of a self-government body.

There are certain responsibilities for a house manager in an apartment building.

REFERENCE! Since the house council is not registered as a legal entity, the elder also acts on behalf of the group of owners without any registration.

This formulation is found in many regulations approved by local governments. Often it implies the old concept of a house manager, who monitors the cleanliness and order in the entrances and in the yard.

In fact, the elders in the houses and entrances act as representatives and defenders of the interests of the residents of the house. They have ample opportunities and access to almost all documentation regarding the house and its maintenance.

The senior manager in an apartment building is an intermediary between the management company and the residents. He controls the quality of the services provided and the repair work carried out, and in case of non-compliance with the terms of the contract, he conducts proceedings and puts forward appropriate demands.

ATTENTION! Having a senior person significantly speeds up the resolution of many problems, and also simplifies communication between residents and the management company.

For example, if you are dissatisfied with the quality of services, then you do not need to go alone and try to achieve something. All that is required of you is to point out the problem to the “manager” of the house and, if possible, offer options for solving it.

Instructions for organizing payment

The general meeting of apartment owners decides which method of remuneration the building manager should choose. However, it should be borne in mind that the option of independently collecting money to remunerate the house manager is simple in words.

When it comes to monthly fundraising, a thankless and time-consuming task, residents are often left without a building manager. Since he would rather decide to leave this position than to collect money for his salary.

If the management company is interested in the multi-apartment residential building it serves having its own building manager, it may agree to include an additional unit in its staffing table.

Important! In this case, the building manager is formally subordinate to the head of the management company, which in turn may negatively affect the protection of the rights and legitimate interests of the residents of the building on the part of such an official.

In addition, half of the funds that the residents of the house additionally donate for its maintenance will be paid as taxes, which in turn will not satisfy the building manager.

A good solution would be to register the house manager as an individual entrepreneur on a single tax basis. That is, after paying 10 percent of the amount allocated to him, he will be able to receive the rest of the money in his hands.

What benefits does a building manager have?

Remember! Each region of the country independently establishes the benefits that are provided to such a category of citizens as a house manager.

For example, the Moscow Government, by its Resolution No. 328 of April 13, 1999, completely exempted such persons from payments:

for garbage removal;
for the intercom call system;
for the maintenance of a concierge.

The management company may assign additional payments in the form of a certain percentage of the official salary. However, such a decision must be agreed upon with the owners of the apartments in a multi-apartment residential building or carried out at the expense of the company.

The choice of a building manager should be approached thoughtfully, taking into account the personal qualities of the applicant for this position: does he enjoy authority among the residents of the building, does he have organizational skills, and what kind of education does he have? It is preferable that the candidate be legally literate.