What the law says
In 2021, Federal Law No. 217 (which regulates the position of SNT) entered into some changes. According to Article 19 of Federal Law No. 217, SNT can be managed not only by the chairman, but also by a group of positions or executive persons. Also, according to Article 18 of the above-mentioned Federal Law, the board of the partnership has the right to take over the management of SNT, and as Article 17 states, the post of chairman can be taken by a whole group of members of the gardening partnership.
It is worth noting that the previously in force Federal Law No. 6, which regulated relations in SNT, no longer has any legal force.
To put it simply, it turns out that if SNT does not have a sole board, then the Board, which consists of citizens registered in the partnership, has the right to manage it. It is the Board that organizes the so-called elections of a new chairman.
How to delegate authority correctly
To ensure that there is no reason to doubt the identity of the person who has the right to sign documents, it is necessary to comply with the requirement - the chairman must issue a power of attorney during his absence.
There is only one way to legally delegate the powers of the HOA chairman – by power of attorney. It will also be the basis for signing documents. The person specified in this power of attorney will be able to sign documents during the absence of the chairman.
If there is no such document, the person indicated in the charter as the deputy chairman of the HOA, or a member of the board, has the right to sign. We advise you to reflect this in the HOA charter and create a power of attorney template, just in case.
What is the role of the head
Few of the SNT members know how many responsibilities the chairman of the partnership has.
As a rule, he not only organizes competent management of the partnership, but also:
- Concludes the necessary agreements for SNT to provide various services;
- Conducts accounting affairs;
- Protects the rights of all members of the partnership;
- Resolves conflicts between members of the partnership;
- Works with the tax service;
- Controls the circulation of finances;
As you can see, the chairman really has a lot to do and not every person can cope with them. It is precisely because of the large volume of responsibilities that the chairman may want to leave his post.
Is it acceptable for there to be no chapter?
The new Federal Law “On Gardening, Horticultural and Dacha Non-Profit Associations of Citizens”, as well as the old one, prescribes that there must be a chairman in the SNT, but even without him it is not prohibited to manage the partnership. It turns out that there is such a position as chairman, but a person can occupy it voluntarily. And yet, the law does not stipulate who will manage if, after all, there is no chairman. But Federal Law No. 217 states that if the chairman wants to leave his post, but there is no replacement, then he is obliged to fulfill his duties until someone else takes his position. And this is understandable, since the absence of a chairman leads to the emergence of many questions. For example, how to pay for electricity, because it is the chairman who makes payments for services, and without him, it is likely that debts for electricity will be collected, and this can lead to its shutdown.
IMPORTANT !!! If the absence of a chairman is justified by objective reasons (death or imprisonment), then the members of the partnership must elect a new chairman. Until the arrival of a new manager, all issues in SNT are dealt with by the Board.
Forgery of the signature of the HOA chairman
On April 11, our permanent expert Susana Kirakosyan conducted an online seminar “Problems in the work of HOAs and ways to solve them: instructions on how to organize the work of the chairman and board of the partnership.” One of the issues raised at the meeting was the issue of the signature of the chairman of the partnership.
➡️ Watch the video on our channel
When it comes to punishment for forging a signature, the first thing that comes to mind is criminal liability. In reality, not everything is so simple.
If we are talking about the economic activities of a partnership and the person signing for the chairman does not have any selfish intentions, this is not a criminal article. If there are mercenary intentions: the signature is forged in order to take possession of someone else’s property or gain material benefit, the offender may be prosecuted under Art. 327 of the Criminal Code of the Russian Federation.
Determining selfish intentions can also be problematic. For example, how do you decide whether the accountant who forged the chairman’s signature on documents for submitting them to the tax office had any selfish intentions?
Obviously, there is no selfish intention. But, meanwhile, a document with a fictitious signature becomes invalid.
Why will the chairman of the HOA be held vicariously liable?
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What to do: the “old man” is gone and no one is there
The chairman of the SNT works according to the labor code, and as a rule, after he has been elected to his post, an employment contract is concluded with him. Its validity period is two years. After the chairman’s powers expire, he is obliged to transfer all relevant documents to the board of the partnership. If for some reason the chairman does not want to transfer documents to the board, then the members of the partnership have the right to go to court.
If, after the old chairman “resigned” from his post, the board of the partnership cannot elect a new chairman (none of the members of the partnership wants to take on responsibilities), a third party may be hired to manage the SNT. It may not be a member of SNT. An employment contract is concluded with the selected third party, and he begins to perform the functions of the chairman until the chairman is selected.
In some cases, members of the partnership may oppose the election of a third person to the position of chairman. If this happens, then after a court decision, the third party may be removed from the position of SNT manager.
Homeowners Association Board
How to relieve yourself of the powers of the chairman of the board of the homeowners association? Good afternoon You cannot leave a legal entity without a leader; either liquidate the homeowners association or elect another chairman. Convene a general meeting with the appropriate agenda for the removal from office and the selection of a new chairman. I am the chairman of the homeowners association; in accordance with the charter, my powers ended three years ago. Can I withdraw my powers from the tax office? You can not. This should be done by the new chairman. I am the chairman of the HOA, since January.
How to relieve yourself of the powers of the chairman of the tax authority. You cannot leave a legal entity without a leader, either liquidate the homeowners association or elect another chairman. I have been the chairman of the homeowners association for a year under the management company, I want to relinquish my powers as chairman. Call a general meeting with an appropriate agenda.
It’s still written in your charter. I am the chairman of the HOA. Was elected at a meeting of the Board in accordance with the Charter. I would like to resign early at my own request. Not documented under an employment contract.
There is only a protocol of the board's decision. The current management of the house is carried out by the manager, with whom the corresponding agreement has been signed. What can I do to relieve myself of all authority and responsibility? Including excluding yourself from the list of managers at the tax office?
You need to confront the HOA board with a fait accompli. How to properly relieve yourself of the powers of the chairman of the HOA. Previously, the chairman was elected at a general meeting. Is it possible to write a statement only to the board and not hold a general meeting?
What documents are required for withdrawal to the Federal Tax Service? In general, you should send an application for the removal of the powers of the chairman of the HOA to the board of the HOA, which must convene a general meeting and, based on the decision of the general meeting of the stst Housing Code of the Russian Federation, your powers will be removed. The general meeting must elect a new chairman of the HOA, who must submit information to the tax office. Based on this information, the tax office will include data in the Unified State Register of Legal Entities about the new chairman of the HOA and, accordingly, the data that you are the chairman of the HOA will be cancelled.
Voluntary liquidation according to the law cannot occur; the owners sabotage the general meeting. The board also resigned from the HOA. The powers of the HOA chairman end in November of the year. How to relieve yourself of the powers of the chairman of the HOA? Very simple. You make a decision on the voluntary liquidation of the HOA and submit it to the arbitration court.
As the chairman of the board of the HOA, she ceased to be the owner of the residential premises. In accordance with the law, I cannot be a member of the board and chairman, respectively. There are no people willing to accept the post of chairman of the board. Who should I transfer the files and documentation to, and what documents should I submit to the tax office in order to remove the previously assigned powers of the chairman of the board from me? Hello, Olga Alexandrovna. This situation should be regulated by the HOA Charter and relevant rules of law.
Try to understand the Charter, and if difficulties remain, you can sign up for a personal consultation with a lawyer using the contacts indicated in his profile. Sincerely, lawyer in Volgograd - Stepanov Vadim Igorevich. How to relieve yourself of the powers of the chairman of the HOA if there is no candidate for this position? Hello To change the chairman of the board, as I understand this position corresponds to the status of the head of the permanent executive body of a legal entity, you will need the following documents: 1.
Using this protocol, the apartment owners will decide on a new candidate for the head of the HOA, and will also terminate your powers as chairman. I would like to note that this decision will be valid only if the HOA members attend in order to change the manager.
The minutes are drawn up in writing, signed by the chairman, secretary of the meeting, if your document flow provides for a different procedure for drawing up the minutes of the general meeting, then draw up the document in accordance with the specified requirements. Prepare an application in form P, in which you will change the information about the person who has the right to act on behalf of the legal entity without a power of attorney, where your powers are terminated, and information about the new chairman is entered into the Unified State Register of Legal Entities.
After 5 working days, changes will be registered. It is important who submits the application to the tax authority, and this depends on the period from which the powers of the old chairman cease and the powers of the new one arise.
It is worth noting that from the moment you draw up the minutes of the general meeting, you have 3 days to submit an application to the Federal Tax Service, or you will be held administratively liable. To begin the procedure, send an application to the HOA yourself and accept the resignation due to health conditions. Good afternoon, I want to resign as chairman of the HOA until the end of my term, there are two months left, for this period of 2 months I wrote an application for leave for two years with subsequent dismissal, but the board is not going to let me go under various pretexts, even to the point of blackmail , but the board itself continues to carry out “turbulent” activities behind my back.
I sent the application by mail with an attachment and notification to each board member. Good day! They are obliged to remove you from the position of chairman and re-elect a new one. Otherwise, you will be able to go to court to protect your violated rights. Best wishes. It is not very clear why the board took this position? They simply must elect a new chairman and he must solve all the problems.
The chairman of the HOA decided to resign. He found a replacement - the manager of the HOA. Now there is an incomprehensible situation - can the house be without a chairman? Or it is necessary that the chairman remains on paper, and a hired manager must perform his function, that is, manage.
Moreover, he is not a member of the HOA, not the owner. A person hired from outside. Good afternoon. This is provided for in an article of the Housing Code. I need to correctly state in the charter of the homeowners association that the chairman remains until his powers are removed or until his powers are removed from the members of the homeowners association. No, this contradicts the provisions of Art. Forced labor is prohibited by the Constitution of the Russian Federation, so you cannot limit rights in this way. Early termination of an employment contract on the initiative of the head of the organization The head of the organization has the right to terminate the employment contract early by notifying the employer, the owner of the organization's property, or his representative in writing no later than one month in advance.
Be guided by this article. Housing Code of the Russian Federation, Article Chairman of the board of a homeowners' association 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 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. 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 internal rules 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.
Federal Law No. You can stipulate such a condition in the charter, but in the next sentence you need to add that the chairman has the right to early remove his powers by warning about this at least 1 month in advance, article of the Labor Code of the Russian Federation.
How to relieve yourself of the powers of the chairman of the HOA if the tenants do not appear at the meeting to elect a new chairman. The board of the HOA at the place of residence is being persuaded to take over the powers of the manager of the HOA of our house, since the former chairman wrote a statement resigning his powers.
Can I get a job in our HOA as a floor worker? I am the chairman of the HOA. Due to my mother’s health status, she is a group 1 disabled person, I wrote a statement to remove myself from the chairman’s powers.
They signed the application for me, but none of them want to take over the authority. The meeting was convened, at the meeting you appointed a new chairman and board, but two days later the person refused to be chairman; they did not have time to draw up the documents. How can I properly resign as chairman in this situation? What documents should I submit to the tax office in order to relieve myself of the powers of the chairman of the homeowners association?
The chairman of the HOA, before resigning his powers, signed a letter of resignation to the former manager of his own free will with the payment of two salaries. Now the HOA has a new board and a new chairman, is it possible to challenge in court the decision of the former chairman to pay two salaries to the manager upon dismissal?
Is it possible to prematurely resign as chairman of the HOA board, according to paragraph. And how to properly notify suppliers about the termination of chairmanship. You can remove it; it is not necessary to notify suppliers about this. How to relieve yourself of the powers of chairmanship of an HOA? Nobody wants to be the chairman of the house.
Who should I write a statement to? How to notify authorities: bank, etc.
Does there have to be a chapter?
As already mentioned, the powers of the chairman can be exercised by the board of the partnership. But as practice shows, the absence of a single body (chairman) can lead to many problems. As only the chairman knows, banks allow opening an account, only the chairman can sign important documents, and only the chairman can act on behalf of the members of the partnership. Therefore, there must be a board and a chairman, since this is primarily necessary for the successful development of SNT.
What is the procedure for changing the chairman of an HOA and how can the head delegate authority?
A chairman who has been working for several years, without holding a reporting meeting, without transferring a single archival or current document, without drawing up an act of transfer of property (instruments, equipment), without presenting reporting documents (current contracts, financial statements) to the audit commission, without preparing a successor, without organizing a report from the operating organization, he is going to leave, simply writing a statement citing poor health (perhaps this is true) with the silent indifference of the dysfunctional board. Please suggest the procedure for our possible actions (audit, appeal to the Housing Inspectorate, etc.), and also inform us whether changes have been made to the Civil Code, establishing liability, including for the inaction of members of the board and the chairman.
Answered by Natalya Ribos, lawyer in the field of housing and communal services: According to Art. 80 of the Labor Code of the Russian Federation, an employee has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, unless a different period is established by this Code or other federal law. The specified period begins the next day after the employer receives the employee’s resignation letter. In addition, in cases where an employee’s application for dismissal on his own initiative (at his own request) is due to the impossibility of continuing his work (enrollment in an educational institution, retirement and other cases - this can also include dismissal for health reasons, as in your case ), the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Upon expiration of the notice period for dismissal, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. The employer in this case is a legal entity - the HOA. The woman (former chairman of the board of the partnership) submitted a letter of resignation to the legal entity; this right belongs to the employee and cannot be excluded. This is her prerogative. After the expiration of the specified period, the employment contract with this woman is considered terminated, and the employment relationship is considered terminated. No one has the right to keep a person without firing him. Preparing a “successor,” as you put it in the question, is not the task of the chairman of the board, and accordingly, she cannot be forced to do so. An HOA is a form of association of partnership members for joint management of an apartment building. And the choice of the board and chairman of the board is the responsibility of the HOA members (and not the previous chairman).
The general procedure for formalizing the termination of an employment contract is established by Art. 84.1 of the Labor Code of the Russian Federation: Termination of an employment contract is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to provide him with a duly certified copy of the specified order (instruction). In the event that an order (instruction) to terminate an employment contract cannot be brought to the attention of the employee or the employee refuses to familiarize himself with it against signature, a corresponding entry is made on the order (instruction). The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position). On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. An entry in the work book about the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law. If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book. The employer is also not responsible for the delay in issuing a work book in cases where the last day of work does not coincide with the day of registration of termination of employment relations upon dismissal of an employee on the basis provided for in subparagraph “a” of paragraph 6 of part one of Article 81 or paragraph 4 of part one of Article 83 of this Code , and upon dismissal of a woman whose employment contract was extended until the end of her pregnancy in accordance with part two of Article 261 of this Code.
How to elect a chairman correctly, and what to do?
Once a new chairman is elected at the general meeting, he takes up his duties immediately after the vote. The exception is those cases when the SNT charter does not establish other actions for the new chairman to assume his duties.
As Federal Law No. 129 states, the new elected chairman is required to register with the tax service within three working days. To do this, you need to go to the tax office, write a corresponding application, and have it certified by a notary. But before going to have his application notarized, the chairman must receive an extract from the Unified State Register of Legal Entities (Unified State Register of Legal Entities). Such a certificate can be obtained from the tax office. Only after all necessary documents have been completed, the new chairman can begin his duties. If he does not have registration in the Unified State Register of Legal Entities, then all actions may be considered illegal.
How to remove the chairman of an HOA: quickly and competently and the algorithm for dismissal at will
original certificate of state registration of HOA/housing cooperative (OGRN;)
6. passport of the chairman of the board of the HOA/housing cooperative;
7. original minutes of the general meeting of owners on the creation of a HOA/housing cooperative;
8. certificate of the Moscow Registration Chamber (if the HOA was registered before 2002);
9. all certificates (record sheets) of all changes registered with the tax authority;
10. list of board members, signed by the chairman of the HOA board;
11. register of HOA members.
Submission of the documents specified in clauses 7-12 is not always mandatory and depends on the requirements of a particular notary. In this regard, we recommend that you check the list of documents with the notary you plan to contact.
