Competence of the Council of an apartment building
The main goal of the work of the Council of an apartment building is the implementation of the decisions of the general meeting.
To achieve this, its members maintain documentation, manage finances and can act on behalf of the owners.
Therefore, they can be called a kind of executive body.
The only difference is that decisions are made by the owners, and “management” plays the role of service personnel. Let us highlight the main responsibilities of the House Council:
- planning home maintenance and repair work; for this purpose, complaints and suggestions from residents are considered, and financial capabilities are also taken into account; an important part of this point is maintaining documentation and agreeing on all decisions with the meeting of owners;
- practical implementation of meeting decisions; includes negotiations with contractors and the Management Company;
- quality control of services; includes a thorough inspection of repair work and housing and communal services; if the results are unsatisfactory - proceedings with contractors, including ongoing discussions and filing complaints with the Management Company.
ATTENTION! The council is fully accountable to the owners' meeting. He assists the Chairman in his work.
What is house advice
The building council is a public body authorized by the owners of apartments in a residential building to cooperate with the management organization.
A management company is a legal entity that performs established functions in order to maintain proper sanitary and operational condition of the entire building.
The council expresses the opinion of the majority of residents of the building, listens to complaints and suggestions, which it later undertakes to convey to the management company of its home. This body does not have the right to assume the functions and capabilities of a legal entity , for example, to have its own account and seal, but this does not detract from the importance and capabilities of the organization.
There are several options for managing an apartment building:
- direct management of apartment owners;
- homeowners association management;
- a specialized consumer cooperative, such as a housing cooperative;
- through the management organization.
In cases where the house is not taken under control by any of the above methods, and the building itself has more than 4 apartments, the creation of a council is a mandatory condition that cannot be neglected. If there is no management, there is no one to maintain the house in a habitable condition.
Its necessity
What are the rights and responsibilities of the house council in an apartment building? If we turn to the Housing Code of the Russian Federation , it tells us that the main and primary duty and function of the council is considered to be control over the management organization.
Often the residents themselves do not show proper activity, since not everyone has enough time to sort out even their own apartment. At the same time, many problems with cockroaches, plumbing, and electrical wiring often begin in the common area - the entire building.
The appearance of the building also plays an important role: a clean, attractive entrance lifts the mood and improves the quality of life.
A frequent argument against it is that the management company should deal with general house issues without any outside pressure; in the end, they are paid money for this. But not all companies are properly active. For many of them, help in resolving housing problems is vital.
The rights and responsibilities of the house committee, or house council, are enshrined in the Housing Code of the Russian Federation and are as follows:
- the council of owners of an apartment building has the right to sign contracts and agreements with the management organization, which will take into account the primary needs that the management company may not have paid attention to;
- distributes planning for the next year based on the costs that will be required for repairs and other work, providing at the end of the year a report on the work done: all information about cash payments is easily available to residents;
- if shortcomings are detected in the work of the management organization, the council has the right to demand that it carry out repeated and high-quality work;
- has the right to be present and make additions to the acts of planned repair work, indicating the necessary changes in the building;
- has the right to hold meetings of residents, meetings, reporting meetings on the results of work.
As you can see, the Housing Code of the Russian Federation provides extensive rights and responsibilities to the house council in an apartment building.
We have dealt with the possible rights and responsibilities of the MKD council, but how can we still acquire this helping hand?
The algorithm of actions is as follows.
- Create an initiative group of active owners who have time and energy for social work.
- Convene a meeting of residents, having previously prepared for it. By preparation we mean posting advertisements, calling and visiting residents to inform them.
- Next comes the stage of distributing questionnaires in which residents will be able to express their negative or positive answer.
- After the meeting and collection of votes, all work done is documented in minutes. The resolution is considered adopted if 50% + 1 tenant participated in the meeting, and more than half of all those present voted positively.
The council includes owners of apartments in the building , the number of which is not limited, and the election period is no more than 2 years.
Objectives and procedure for electing members
One of the main tasks is quality control of service and repairs.
MKD representatives must actively cooperate with the Management Company and other contractors.
It is their responsibility to make reasonable demands and verify the final result.
What if the job is unsatisfactory? Let's say a major renovation has been carried out, but the roof is still leaking. What can they do?
IMPORTANT! The MKD Council, headed by the chairman, has the authority to resolve some issues independently: accept work, sign Acts, etc.
Firstly, the rights and responsibilities of the Council include timely verification of the results. If violations are identified during the work, then something can be achieved immediately on the spot.
If they overlook some of the workers’ flaws, then changes will have to be achieved through complaints and proceedings with the Management Company.
Secondly, it is important to remember that the owners you choose have a limited range of leverage over the Management Company.
In this case, the rights and obligations of members of the Council of an apartment building are the same as those of a simple owner. Therefore, the only opportunity to change something is cooperation with contractors, constant monitoring of work, and in case of violations, filing complaints.
If members of the association regularly bombard the Management Company with complaints and come to the office for investigations, then the quality of work will be significantly higher.
Of course, we are not talking about serious tasks, but about simple everyday trifles that do not infringe on the rights of owners.
However, if the chairman has a power of attorney, he will be able to independently sign contracts for the maintenance and repair of the house.
Residents have the right to indicate whether they can independently enter into long-term contracts or whether they will be limited only to the execution of one-time services necessary for the ongoing repair of the structure.
ATTENTION! To expand the powers of the Council of an apartment building, you need to issue a special power of attorney to its Chairman.
If you trust its members and do not want to be constantly called to vote, then you need to sign a power of attorney with as many options as possible.
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A protocol of a meeting
How often should the Council meet? There are no strict rules. This should be done as needed: at least 2 times a year , because once every 6 months the Council is obliged to submit a report on its activities.
Often the Council meets about 3–4 times. They must be reported in advance, at least 10 days in advance.
It is important to note that this body does not replace the decisions of the general meeting of owners: it only implements the decisions made.
The meeting decides on the reconstruction of the house, transfer of common property, election of Council members, etc.
There must also be a quorum at Council meetings. But exactly how many members must participate depends on the Charter: perhaps it is 50% or 100%.
The decisions made are entered into the minutes of the Council of your apartment building, which is filled out according to the model of the adopted charter. This must be done after each owners meeting.
The minutes of the meeting of the House Council must include several mandatory points:
- address of the apartment building;
- date and place of the meeting;
- chairman, his deputy;
- who was present;
- agenda;
- Voting results; for each issue raised, the result must be indicated separately;
- results of the meeting;
- signature of all members.
ATTENTION! The implementation of decisions that are not based on the decision of the general meeting of owners is unlawful.
Chairman of the House Council
The Chairman is the head of the council, whose functions are to quickly resolve pressing problems and provide clear guidelines for the work of public housing structures.
Let's find out who can be the chairman of the board of an apartment building, and also touch on the topic of the powers of the chairman of the board of an apartment building (apartment building).
Requirements for the chairman
- Must be the owner of the apartment and be on the council of the apartment building.
- Age over 18 years.
- Positive reputation among residents.
- Permanent residence in the home, as this person needs to identify current issues and stay in touch.
If there is a high-quality manager in your building who has a desire to work and a lot of free time, but lives in the apartment on a rental basis, the owner can register him with him, formally making him the owner of the property.
Appointment procedure
Let's look at the competence and procedure for electing the chairman of the council of an apartment building. The chairman is elected through a meeting by universal suffrage.
The elections are considered valid if more than 50% of the votes are cast for the candidate. The period of the chairman's reign and the terms of his powers are determined by the owners themselves; the law does not provide a clear time frame; the duration can be either 2 or 4 years in a row.
Tenants have the right to remove the chairman from office if he fails to cope with his duties and has lost his reputation and trust. Residents have the right to demand an extraordinary re-election at any time.
Both members of this structure and ordinary homeowners have the right to raise the issue of changing the head or the council itself. However, for a positive decision, it is advisable to conduct preliminary conversations with residents, during which the essence of the problem is explained and a new candidate is proposed.
In the vast majority of cases, repeat elections of the chairman are held together with the re-election of the house council.
To change the general manager, you need to go through the following steps:
- convene a general meeting by notifying 10 days in advance;
- conduct the voting itself, with a quorum of participants of at least half;
- entering the results into the protocol, passing one of the candidates a threshold of 50% + 1;
- announcement of the results of the appointment of a new chairman.
Voting can be done by absentee voting, giving people the opportunity to simply put a mark on the questionnaire.
It is important not to forget to sign a special power of attorney, which will grant management powers, responsibilities and rights to the chairman. The Housing Code of the Russian Federation does not limit the number of re-elections of the chairman.
Of course, no one cancels the right of the head to voluntarily leave for personal reasons.
To withdraw, you must go through the following procedure:
- Write a statement of self-recusal.
- Convene a house council (a meeting of all residents is not required).
- Announce your decision and submit the completed application.
After which urgent and early elections are held.
