Chairman of a garage cooperative: sample employment contract, salary, what is included in his responsibilities, does the head of the GSK have the right to turn off the lights? OWN

Who is the chairman of the housing cooperative and who chooses him

The chairman of the housing cooperative becomes one of its participants, who was elected by the general meeting of the cooperative participants. The chairman of the housing cooperative is an official who is endowed with a certain list of rights and obligations in relation to the legal entity being created (the housing cooperative, in accordance with the provisions of housing legislation, is necessarily a legal entity that has gone through the full registration procedure with the tax authorities).

The selection of the chairman always takes place at the founding meeting of the cooperative itself, since it is this meeting that should become the basis for vesting the chairman with all his possible powers. That is, the members of the newly created housing cooperative themselves participate in the selection of the chairman, who at the same time act as co-founders of this legal entity. The term for which this position is held is fixed in the Charter of the cooperative. At the same time, neither legislation nor other regulations prohibit the chairman from vacating this position before the expiration of his term of office.

Unlike the manager, who controls the performance of various works by specially hired employees of the housing cooperative, the chairman is primarily engaged in representing the interests of the cooperative itself and its participants, including before government bodies.

The position of the chairman of the housing cooperative and the chairman of the board of the housing cooperative is currently one and the same.

Article 40

2. The competence of the executive director (directorate) of the cooperative includes all issues of managing the current activities of the cooperative, with the exception of issues falling within the competence of the general meeting of members of the cooperative, the supervisory board of the cooperative and the board of the cooperative. The executive director (directorate) of the cooperative organizes the implementation of decisions of the general meeting of members of the cooperative, the board of the cooperative and the supervisory board of the cooperative. 2. The board of the cooperative and the chairman of the cooperative are elected by the general meeting of members of the cooperative for a period not exceeding five years, unless otherwise established by laws on certain types of cooperatives. The chairman of the cooperative and members of the board of the cooperative may be re-elected an unlimited number of times, unless otherwise provided by the charter of the cooperative. The chairman of the cooperative is a member of the board of the cooperative and is ex officio the chairman of the board of the cooperative.

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Chairman's rights

The rights and responsibilities of the chairman of the housing cooperative are fixed, first of all, in the Charter of the cooperative, which is adopted at the founding meeting of the cooperative. The fundamental rights of the chairman include:

control over the lawful use by owners of premises of those residential and non-residential premises that are provided to them , as well as, if violations are identified in terms of compliance with current legislation, take measures aimed at eliminating such violations;
if in an apartment building (in premises owned by individuals or legal entities) an emergency situation arises that threatens damage or loss of property to other owners , if there is consent from the owner, the chairman has the right to enter such premises with emergency service personnel;
carrying out the selection of personnel who will carry out any work within the framework of the created housing cooperative , as well as manage the activities of such personnel, including in the form of generating and presenting reports at meetings of the board of the cooperative;
in the event of a recorded tie of votes during voting at board meetings, the chairman has a casting vote;
the chairman is also given the right to vest members of the board with certain powers , if the exercise of such powers is aimed at satisfying the interests of the participants in the housing construction cooperative;
early release of the position of chairman of the cooperative on the basis of one’s own decision , including due to personal circumstances;
sole representation of the interests of the cooperative in the judiciary also applies to the rights of the chairman. Moreover, such representation is carried out without receiving any type of power of attorney;
if appropriate requests arise from the residents of the house for the issuance of the necessary documents, issue them to them independently and on behalf of the entire cooperative.

Activities, rights and responsibilities of the chairman of a garage cooperative in the Russian Federation - we understand the laws

First, the chairman is elected to office. This procedure takes place at a general meeting of members of the cooperative and, as a rule, with the determination of a larger number of votes. It is worth noting that no member of the Civil Code can be appointed to the position of chairman against his will. If among the members of the organization there is no one willing for this position, then you need to find an “outside person” who will work for some payment.
After choosing a chairman, he is registered in the relevant documentation of the cooperative. From this moment on, he undertakes to carry out his activities in accordance with the charter of the Civil Code, current legislation and his job description.
If necessary, after the appointment of a chairman for this position, the general meeting may choose the form and amount of remuneration for his work, unless otherwise previously provided.

The issue of car storage is extremely relevant for city residents. Often, car owners live in apartment buildings and do not want to store their “iron horses” under their windows. In order to organize the safest and most convenient storage of cars, it is not uncommon for a city resident to become a full member of a garage cooperative, acquiring his share in it.

Main responsibilities

The key responsibilities of the chairman of a housing construction cooperative are set out in the provisions of Article 119 of the Housing Code of the Russian Federation. Based on its provisions, it can be concluded that the chairman has the following responsibilities:

to ensure high-quality execution of all decisions made by the board of a particular cooperative;
to carry out actions in the interests of the entire cooperative as a legal entity and its participants , including in terms of fulfilling their obligations to protect the interests of the participants of the established cooperative.

Based on the current law enforcement practice, we can conclude that the chairman of the housing cooperative is also given a number of responsibilities, namely:

knowledge of existing laws and other regulations operating not only at the level of the Russian Federation, but also at the level of constituent entities, as well as within the municipality in which a particular cooperative is located;
conscientious organization of the activities of the board of the cooperative , as well as adjustment of such actions in strict accordance with the norms of current legislation;
regulation of issues related to the organization of repairs (major and current) on the property entrusted to him, as well as regarding the provision of all types of utilities to all owners of residential and non-residential premises;
monitoring the services provided to members of one’s cooperative for compliance with the quality of the results of their provision , and if the results are unsatisfactory, protecting the interests of members of the cooperative by participating in the recount;
ensuring the proper quality of operation of all equipment that is in the house and belongs to common property;
storage and issuance of documents that confirm ownership rights to the existing property of members of the cooperative, and also characterize such property from various aspects;
control over accounting and banking activities , if they may in any way affect the interests of the cooperative participants;
checking the correctness of the calculations made between the cooperative members and any resource supply organizations;
participation in events to improve all common property and local areas;
control of measures regarding unauthorized redevelopment of common areas , as well as residential and non-residential premises owned by members of the cooperative;
drawing up a work plan for reporting periods and monitoring the implementation of activities in such plans;
conducting board meetings, participating in the work of the board of the cooperative and during regular and extraordinary meetings of such boards.

A sample employment contract with the chairman of a housing construction cooperative can be viewed here.

This list of responsibilities is not exhaustive, since each cooperative fixes such a list independently in the adopted Charter.

Chairman of the Board: powers, responsibilities

Today, apartment buildings are managed by HOAs or cooperatives. In this case, residents have the opportunity to control their expenses and the services provided. Since the owners cannot do all the work of management, a chairman of the board is required. An employee is also needed in banks, joint-stock companies, and funds. He controls the actions of employees and is responsible for decisions made.

signing of documents;
creating an enterprise work schedule;
ensuring the execution of partnership decisions;
carrying out work on the basis of federal and local laws;
quality control of services;
maintaining technical documentation;
holding board meetings, meetings, consideration of complaints.

24 Dec 2021 marketur 182
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Formation and payment of salaries

Determining the amount of wages that will be paid to the chairman of the housing cooperative falls entirely on the shoulders of the members of such a cooperative. That is, we can talk about a commercial mechanism for the formation of this type of payment to the specified official. The chairman's salary itself consists of several factors and can vary greatly between different cooperatives. Determining factors include:

the range of powers vested in the chairman , as well as the breadth of his responsibilities;
the size of the cooperative in quantitative terms of the residential and non-residential premises available in it;
region where the cooperative is located;
the presence of an employment contract with the chairman (if there is an agreement, then the position cannot be nominal and is necessarily endowed with a fairly wide range of rights and responsibilities, as a result of which the appropriate salary must be offered);
other factors that were determined within the framework of the constituent meeting (for example, the possibility of indexing the salary and available allowances in accordance with changes in market conditions).

Depending on the region, the remuneration received by the chairman can range from ten to forty thousand rubles.

Production cooperative: what is it, on what basis does it operate, types

The rules by which profit is distributed are established in the Charter. It can be divided into clearly fixed parts and issued within a certain period, or it can be divided depending on the size of the labor and financial contribution of each participant. It may even be issued to hired workers on the same basis as others. A production cooperative is an organization in which auxiliary workers or farm owners gather in order to be able to conduct common business activities and defend their interests most effectively. This approach is common in agriculture and gained popularity in the early twentieth century.

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Options for liability in case of violation of the law by the chairman

If any violations of the current legislation are detected by the chairman of the housing cooperative, any of the options of liability provided for by the rules of law themselves may be imposed on him. In general, in accordance with the rules of current legislation, the following measures may be imposed on the chairman:

material liability (penalties that are imposed on the salary paid to the chairman in its bonus part);
administrative liability (which are assigned only by court decision in case of minor violation of current legislation);
criminal liability (in case of detection of significant violations of the current legislation, which resulted in the commission of a crime by the chairman of the housing cooperative, the fact of which was proven by the relevant law enforcement agencies).

Production cooperative

Decisions on changing the charter of the cooperative, on reorganization (with the exception of transformation into a business partnership or company) and on liquidation of the cooperative are made by three-quarters of the votes

those present at the general meeting of members of the cooperative. The decision to transform a cooperative into a business partnership or company is made by unanimous decision of the members of the cooperative. A production cooperative (artel) is a voluntary association of citizens on the basis of membership for joint production and other economic activities based on their personal labor and other participation and the association of property shares by its members (participants). The constituent document of a cooperative may provide for the participation of legal entities in its activities. A cooperative is a legal entity - a commercial organization.

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Where can I complain?

Since the chairman of a housing construction cooperative is the highest official of such a legal entity, there is no point in complaining to the board of the cooperative about him (this is due to the peculiarities of the legal status of the chairman). It is for this reason that in case of dissatisfaction with the quality of the chairman’s work or in case of suspicion of violations of current legislation by this official, complaints should be filed with certain government bodies, which include:

local government bodies responsible for compliance with current legislation in the field of housing and communal services;
government bodies competent in terms of compliance with regulatory issues in the housing and communal services sector;
judicial authorities in accordance with the territorial jurisdiction of the location of the chairman as a defendant in the claims filed;
prosecutorial authorities in terms of monitoring the implementation of current housing legislation;
law enforcement agencies (police, investigative committee) in case of confirmed facts of violation of criminal law by the chairman of the housing cooperative in the performance of his duties;
If there are violations of labor legislation on the part of the chairman in relation to the service personnel hired by him on behalf of the housing cooperative, an application will be required to the labor inspectorate of the region in which the cooperative is located.

Restrictions on the position with an unexpunged or unexpunged conviction

From an analysis of the current housing legislation regarding the requirements for officials of a housing cooperative, it follows that the restrictions are related to the biography of a candidate for the role of a member of the management body of the cooperative. With a criminal record, if it is not removed and expunged, the citizen cannot be elected to the positions in question. When studying the biography of a candidate for a position and analyzing it, it should be borne in mind that a criminal record is valid from the moment the verdict of the judicial authority enters into legal force. A criminal record lasts until it is expunged or expunged.

A criminal record is expunged under the following conditions:

the end of the calendar year after the citizen has served or executed his sentence, if such punishment did not entail imprisonment;
the end of a period of three years after the person has served his sentence for crimes of average gravity or minor gravity;
the end of a period of six years after the person has served his sentence for a serious crime he has committed, and eight years in the case of committing especially serious crimes;
expiration of the probationary period, if we are talking about a suspended conviction.

When considering a candidacy for a position, the absence or presence of a criminal record of the candidate is confirmed by a special document - a certificate issued by the authorized body.

Conflicts of the Civil Code of the Russian Federation and Law 3085-1

In my opinion, you are a little confused, this is not your fault, but the reason is that there is a so-called term “Board of Directors” which has nothing to do with real directors (executive bodies). Replace “Board of Directors” in your head with “Supervisory Board” and everything will fall into place. Another point: the General Director of a corporation cannot be a member of the Board of Directors; such combination is prohibited. In accordance with paragraph 4 of Article 65.3 of the Civil Code of the Russian Federation: Along with the executive bodies specified in paragraph 3 of this article, a corporation MAY BE FORMED in cases provided for by this Code, another law or the charter of the corporation, a collegial management body (supervisory or other board ), controlling the activities of the executive bodies of the corporation and performing other functions assigned to it by law or the charter of the corporation. Persons exercising the powers of sole executive bodies of corporations and members of their collegial executive bodies cannot constitute more than one quarter of the composition of collegial management bodies of corporations and cannot be their chairmen.

22 Dec 2021 marketur 478

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