MKD control methods
In accordance with Part 2 of Article 161 of the Housing Code of the Russian Federation, management of apartment buildings can be carried out in the following ways:
- direct management of the owners of premises in apartment buildings (no more than 16 apartments in a residential building);
- management company;
- HOA, TSN , housing cooperative or other specialized consumer cooperative.
According to Article 161 of the Housing Code of the Russian Federation, MKD can be controlled only by one of the above methods. Owners of premises in the house are required to choose a method of managing apartment buildings (Part 2 of Article 161 of the Housing Code of the Russian Federation).
What is TSN
As an organizational and legal form, TSN is a partnership. According to the law, TSN is a voluntary association of owners of real estate, in our case premises in an apartment building. TSN is created for joint ownership, use and, within the limits established by law, disposal of common property (clause 1 of Article 123.12 of the Civil Code of the Russian Federation).
TSN is a non-profit corporate organization created to meet the needs of apartment building owners. Members of the partnership have the right to participate in it, form its supreme body, have rights and obligations in relation to the legal entity they created (clauses 1, 2 of Article 65.1 of the Civil Code of the Russian Federation). The creation and activities of TSN are regulated by Articles 123.12 - 123.14, Articles 65.1 - 65.3 of the Civil Code of the Russian Federation and the norms of Section VI of the Housing Code of the Russian Federation.
The partnership carries out maintenance, operation and repair of the common property of the owners in the house. TSN can also lease out parts of the common property in the apartment building by decision of the general meeting of owners (Parts 1 - 2 of Article 152 of the Housing Code of the Russian Federation).
TSN can conduct business activities to manage apartment buildings . But this type of activity should serve only the purposes for which TSN was created. The income received should not be appropriated and distributed among its members (Article 218, 123.13 of the Civil Code of the Russian Federation). TSN is independently responsible for its obligations with the property belonging to it. Members of TSN are exempt from liability for the debts of the partnership (clause 3 of Article 123.12 of the Civil Code of the Russian Federation).
The partnership is created without limiting the period of activity. But it is possible to create a TSN for a certain period, which must be specified in its charter.
Creation of TSN: Preparation and execution of protocols, voting ballots and decisions of the OSS
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HOA governing bodies.
In accordance with Art. 53 of the Civil Code of the Russian Federation, a legal entity acquires civil rights and assumes civil responsibilities through its bodies acting in accordance with the law, other legal acts and constituent documents. The general meeting of members of the partnership and the board of directors are the governing bodies of the partnership.
In accordance with Art. 144 of the Housing Code of the Russian Federation, two management bodies are allocated for the homeowners’ association:
1) general meeting of members of the partnership;
2) the board of directors of the partnership.
At the same time, there is some contradiction, since in Art. 149 of the RF Housing Code also talks about the chairman of the board of the partnership, his powers, election procedure, rights and responsibilities, although this position is not included in the list of management bodies.
The highest governing body in a homeowners' association is the general meeting of members of the association (Article 145 of the Housing Code of the Russian Federation). The procedure for convening it must be established by the charter of the partnership.
List of issues within the competence of the general meeting of members of the partnership:
1) introducing amendments to the charter of the partnership;
2) making decisions on the reorganization and liquidation of the partnership (Articles 140 - 141 of the Housing Code of the Russian Federation);
3) election of the board and audit commission (auditor) of the partnership (Articles 147, 150 of the Housing Code of the Russian Federation);
4) establishing the amount of obligatory payments and contributions of members of the partnership;
5) the formation of special funds of the partnership, including a reserve fund, a fund for the restoration and repair of common property in an apartment building and its equipment (Article 151 of the Housing Code of the Russian Federation);
6) making a decision on obtaining borrowed funds, including bank loans;
7) determining the directions for using income from the economic activities of the partnership;
approval of the annual plan on the financial activities of the partnership and a report on the implementation of such a plan;
9) consideration of complaints against the actions of the board of the partnership, the chairman of the board of the partnership and the audit commission (auditor) of the partnership;
10) adoption and amendment, upon the proposal of the chairman of the board of the partnership, of the internal regulations of the partnership in relation to employees whose duties include servicing an apartment building, provisions on remuneration for their labor;
11) determining the amount of remuneration for members of the board of directors of the partnership;
12) making decisions on leasing or transferring other rights to common property in an apartment building;
13) other questions.
Any issues that need to be considered can be submitted to the general meeting for consideration. The list given earlier is not exhaustive. On the other hand, they are within the competence of the general meeting only and cannot be considered at another level.
The second-level management body (after the general meeting) that manages the current activities of the homeowners’ association is the board of the association (Article 147 of the Housing Code of the Russian Federation). The board is a collegial executive body accountable to the general meeting of the partnership.
The interaction of the management bodies of the partnership and the system of their mutual subordination are as follows:
— the general meeting elects a board from among its number;
— the board, in turn, is a body accountable to the general meeting of members of the partnership.
The board has the authority to make decisions on all issues of the partnership’s activities, except for issues falling within the exclusive competence of the general meeting of owners of premises in an apartment building and the competence of the general meeting of members of the homeowners’ association.
The board is elected from among the members of the partnership by the general meeting of the members of the partnership for the period established by the charter of the partnership, while the maximum period of its validity in one composition should not exceed two years.
In order to recognize a meeting of the board of a homeowners association as valid, a majority of the members of the board of the association must participate in its holding. The decision of the board of the homeowners association is documented in a protocol (Article 147 of the Housing Code of the Russian Federation).
The Housing Code of the Russian Federation contains not only rules establishing the rights of the board as a collegial executive body of a legal entity, but also stipulates that it has specific responsibilities.
Responsibilities of the board (Article 148 of the RF Housing Code):
— compliance by the partnership with the law and the requirements of the charter of the partnership - this document is fundamental both for the members of the partnership and for the management bodies of the partnership;
— monitoring the timely payment by members of the partnership of established mandatory payments and contributions;
— drawing up estimates of income and expenses for the corresponding year of the partnership and reports on financial activities, submitting them to the general meeting of members of the partnership for approval;
- management of an apartment building or concluding agreements for its management - these agreements are concluded by the board on behalf of the partnership;
- hiring workers to service an apartment building and dismissing them - since the partnership as a legal entity has the right to hire workers, in this case the board represents the interests of the partnership in relations with them;
- concluding agreements for the maintenance, operation and repair of common property in an apartment building - since the main goal of the partnership, formulated in Art. 135 of the Housing Code of the Russian Federation, is the joint management of a complex of real estate in an apartment building, ensuring the operation of this complex, ownership, use and, within the limits established by law, disposal of common property in an apartment building - this function of the partnership is fundamental;
- maintaining a list of members of the partnership, office work, accounting and financial statements - this paragraph contains the responsibilities of the board of the partnership to carry out office work, compile and submit the necessary reports to the relevant authorized bodies;
— convening and holding a general meeting of members of the partnership;
— this list is not exhaustive; the board may perform other duties arising from the charter of the homeowners’ association.
TSN Charter
The TSN charter submitted for state registration must comply with the norms of the Civil and Housing Codes. According to clause 2 of Article 123.12 of the Civil Code of the Russian Federation, the charter of TSN must contain in its name the words “ partnership of real estate owners ”. The document must also contain the following information:
- location;
- the subject and goals of the partnership’s activities;
- composition and competence of TSN bodies;
- the procedure for making decisions, including issues on which decisions are made unanimously or by majority vote.
The TSN Charter is adopted at a general meeting of owners of premises in an apartment building by a majority vote of the total number of voters (Part 2 of Article 135 of the Housing Code of the Russian Federation). The decision of the OSS is considered adopted if the majority of meeting participants vote for it in the presence of a quorum (Clause 1 of Article 181.2 of the Civil Code of the Russian Federation). The decision of the meeting may be made by absentee voting.
GIS housing and communal services and absentee voting
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TSN is considered created after its state registration (Federal Law No. 129 of 08.08.2001 “On state registration of legal entities and individual entrepreneurs”). During the state registration of TSN, the minutes of the general meeting of owners of premises in the apartment building with the adopted decision on the issue of creating a partnership are presented (Part 5 of Article 136 of the Housing Code of the Russian Federation).
The provided OSS protocol must also contain the following information:
- on approval of the TSN charter;
- about the persons who voted at the general meeting of owners of premises in the apartment building for the creation of a partnership;
- on the shares owned by the voting persons in the right of common ownership of non-residential premises in the apartment building.
Also attached are the articles of association of the partnership . TSN must have a stamp with its name, a bank account, and other details.
Homeowners association governing bodies
Part 2 of Article 161 of the Housing Code of the Russian Federation provides for three ways to manage an apartment building. One of them is managing a homeowners association.
An apartment building can be managed only by one management method, which is chosen by the owners of premises in the apartment building at a general meeting of owners.
Thus, the basis for creating a homeowners’ association in a particular apartment building is the decision of the general meeting of owners of premises in this building.
A homeowners' association (HOA) is a non-profit organization whose goal is the effective management of an apartment building or houses, which is aimed at its (their) improvement and improvement of the surrounding areas.
Since the HOA is a legal entity, it is required to have governing bodies through which it carries out its activities.
In accordance with Article 144 of the Housing Code of the Russian Federation, the governing bodies of a homeowners' association are the general meeting of members of the association and the board of the association.
But in addition to these institutions, the management bodies of the HOA should also include the chairman of the board of the HOA and the audit commission (auditor), the presence of which is mandatory according to the Housing Code of the Russian Federation.
General meeting of homeowners association members
The general meeting of members of the homeowners association is the highest governing body of the association and is convened in the manner established by the charter of the association.
As we see, participation in the general meeting is limited not to the owners of the premises, as with other methods of management, but only to those of them who are members of the HOA.
By virtue of Part 1 of Article 143 of the Housing Code of the Russian Federation, membership
in a homeowners' association
arises
from the owner of premises in an apartment building
on the basis of an application to join
the homeowners' association.
Therefore, if the owner of the premises has not joined the HOA, they do not have the right to participate in the general meeting of HOA members.
It should be noted that Part 1 of Article 143 of the Housing Code of the Russian Federation does not make any distinction between the owners of premises - individuals and legal entities.
In addition, from Part 1 of Article 135 of the Housing Code of the Russian Federation it follows that the HOA is an association of premises owners
in an apartment building. That is, there are no differences between residential and non-residential premises.
Thus, legal entities that own premises in an apartment building, if a HOA is created in it, have the right to be its members, just like individuals.
General meeting of members of the homeowners association:
- makes changes to the charter of the partnership or approves the charter of the partnership in a new edition;
-makes decisions on the reorganization and liquidation of the partnership, appoints a liquidation commission, approves interim and final liquidation balance sheets;
- elects members of the board of the partnership, members of the audit commission (auditor) of the partnership and, in cases provided for by the charter of the partnership, also the chairman of the board of the partnership from among the members of the board of the partnership, terminates their powers ahead of schedule;
- establishes the amount of obligatory payments and contributions of members of the partnership;
- approves the procedure for the formation of the partnership’s reserve fund, other special funds of the partnership (including funds for current and major repairs of common property in an apartment building) and their use, and also approves reports on the use of such funds;
-makes decisions on obtaining borrowed funds, including bank loans;
- determines the directions for using income from the economic activities of the partnership;
- approves the annual plan for the maintenance and repair of common property in an apartment building, a report on the implementation of such a plan;
- approves the estimates of income and expenses of the partnership for the year, reports on the implementation of such estimates, audit reports (in the case of audits);
- approves the annual report on the activities of the board of the partnership;
- approves the conclusions of the audit commission (auditor) of the partnership based on the results of the audit of the annual accounting (financial) statements of the partnership;
- considers complaints against the actions of the board of the partnership, the chairman of the board of the partnership and the audit commission (auditor) of the partnership;
- adopts and changes, on the proposal of the chairman of the board of the partnership, the internal regulations of the partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, provisions on the payment of their labor, approve other internal documents of the partnership provided for by the Housing Code of the Russian Federation, the charter of the partnership and decisions general meeting of members of the partnership;
- determines the amount of remuneration for members of the board of the partnership, including the chairman of the board of the partnership;
- resolves other issues provided for by the Housing Code of the Russian Federation or other federal laws.
The charter of a homeowners' association may also include the resolution of other issues in addition to those specified in Part 2 of Article 145 of the Housing Code of the Russian Federation (listed above) within the competence of the general meeting of members of the association.
In addition, the general meeting of members of the homeowners association has the right to resolve issues that fall within the competence of the board of the association
.
The provisions of Articles 45–48 of the Housing Code of the Russian Federation apply to the procedure for holding a general meeting of members of the homeowners’ association (Part 1.1 of Article 146 of the Housing Code of the Russian Federation). That is, the procedure is generally the same as when organizing and holding a general meeting of premises owners under direct management and when managing a management organization, but it has a number of features.
By virtue of Part 3 of Article 146 of the Housing Code of the Russian Federation, the general meeting of members of the homeowners association is valid if members of the association
or their representatives holding more than fifty percent of the votes of the total number of votes of the members of the partnership.
Decisions of the general meeting of members of the homeowners association on issues within the competence of the general meeting in accordance with clauses 2, 6 and 7 of part 2 of Article 145 of the Housing Code of the Russian Federation are adopted by at least two-thirds of the votes of the total number of votes of the members of the association, on other issues - by a majority votes from the total number of votes of members of the partnership or their representatives present at the general meeting.
The general meeting of members of the homeowners association is chaired by the chairman of the board of the association or his deputy
. In case of their absence, the general meeting is chaired by one of the members of the board of the partnership.
Since, according to the rules of the Housing Code of the Russian Federation, the minutes of the general meeting are signed by the chairman of the general meeting (i.e. the person leading the meeting), it is the members of the HOA board who have the exclusive right to sign the minutes of the general meeting of the HOA members, reflecting the final results of the general meeting.
Thus, holding a general meeting in the absence of members of the HOA board is impossible.
The decision of the general meeting of members of the homeowners association may be adopted by absentee voting in the manner established by Articles 47 and 48 of this Code. In view of the fact that part 1.1 of Article 146 of the RF LC provides that Articles 45–48 of the RF LC apply to meetings of HOA members, the provisions of Article 44.1 of the RF LC are not applicable here.
Thus, the law does not directly provide
holding a general meeting of HOA members via
correspondence and in person
. In this regard, it is recommended that HOAs include provisions in their Charters on the possibility of holding meetings in person or in absentia.
When managing an apartment building by a Homeowners Association, there is a case of holding a general meeting of premises owners, and not just members of the HOA.
This is a reduction in the size of common property in an apartment building through its reconstruction, which is possible only with the consent of all owners of premises in the building (Part 3 of Article 36 of the Housing Code of the Russian Federation).
Homeowners Association Board
The board of a homeowners' association has the right to make decisions on all issues of the association's activities, with the exception of those that fall within the exclusive competence of the general meeting of owners of premises in an apartment building and the competence of the general meeting of members of the homeowners' association.
The HOA board is elected from among the members of the partnership
by the general meeting of members of the partnership for the period established by the charter of the partnership, but
not more than two years
.
The legislation does not directly define the number of members of the HOA board, which must be, therefore this provision is better reflected in the charter of the Partnership (for example, the board of the Partnership is elected in the number of 5 (five) people (no more than 5 (five) people), or - the board of the Partnership is elected in quantity (or quantitative composition) established by the decision of the general meeting, in quantity...).
The board elects from among its members the chairman of the partnership, if the election of the chairman of the partnership is not within the competence of the general meeting of members of the partnership by the charter of the partnership
. That is, if the charter does not provide for such a rule, the chairman of the board is elected by the board.
There are restrictions by law for election to members of the Partnership's board.
Thus, a member of the board of an HOA cannot be a person with whom the partnership has entered into an agreement for the management of an apartment building, or a person holding a position in the management bodies of the organization with which the partnership has entered into the said agreement. In addition, a member of the audit commission (auditor) of the partnership cannot be elected to the board.
A member of the board of a homeowners association cannot
combine one’s activities on the board of a partnership with work in the partnership under an employment contract, as well as
entrust, trust, or otherwise entrust to another person the performance of one’s duties as a member of the board of the partnership
.
The board of a homeowners association is the executive body of the association, reporting to the general meeting of members of the association.
A meeting of the HOA board is convened by the chairman within the time limits established by the charter of the partnership.
The board of the HOA is competent to make decisions if at least fifty percent of the total number of board members are present at the meeting of the board of the partnership.
Decisions of the board of the partnership are made by a simple majority of votes from the total number of votes of the board members present at the meeting, unless a larger number of votes for making such decisions is provided for by the charter of the partnership. Decisions made by the board are documented in the minutes of the meeting of the board of the partnership and signed by the chairman of the board of the partnership, the secretary of the meeting of the board of the partnership.
The responsibilities of the homeowners association board include:
- compliance by the partnership with the legislation and the requirements of the charter of the partnership;
-control over the timely payment by members of the partnership of established mandatory payments and contributions;
- drawing up estimates of income and expenses for the corresponding year of the partnership and reports on financial activities, submitting them to the general meeting of members of the partnership for approval;
-management of an apartment building or concluding contracts for its management;
-hiring workers to service an apartment building and firing them;
- concluding agreements for the maintenance, operation and repair of common property in an apartment building;
- maintaining a register of partnership members, office work, accounting and financial statements;
- convening and holding a general meeting of members of the partnership;
- fulfillment of other duties arising from the charter of the homeowners association.
Chairman of the Board of Homeowners Association
The status of the chairman of the board of a homeowners' association is determined by Article 149 of the Housing Code of the Russian Federation.
The chairman of the board of a homeowners association is elected for the period established by the charter of the association
. 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 the HOA 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 the internal regulations of the partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, regulations on payment for 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.
Audit commission (auditor) of a homeowners association
This HOA body can be either a commission or a sole body - this is established by the general meeting of HOA members or determined by the HOA charter. The audit commission (auditor) of a homeowners' association is elected by the general meeting of members of the association for no more than two years. The audit commission of a homeowners' association cannot include members of the association's board.
The audit commission of the homeowners association elects the chairman of the audit commission from among its members.
Audit commission (auditor) of the homeowners association:
-conducts audits of the financial activities of the partnership at least once a year;
-presents to the general meeting of members of the partnership a conclusion based on the results of the audit of the annual accounting (financial) statements of the partnership;
- presents to the general meeting of members of the partnership a conclusion on the estimate of income and expenses for the corresponding year of the partnership and a report on financial activities and the amount of mandatory payments and contributions;
- reports to the general meeting of members of the partnership on its activities.
Owners of premises in an apartment building ( both members of the HOA and those who are not
) have the right to receive from the management bodies of the partnership information about the activities of the partnership in the manner and to the extent established by the Housing Code of the Russian Federation and the charter of the partnership, to appeal in court the decisions of the management bodies of the partnership, and also to familiarize themselves with the following documents:
- the charter of the partnership, changes made to the charter, certificate of state registration of the partnership;
- register of members of the partnership;
- accounting (financial) statements of the partnership, estimates of income and expenses of the partnership for the year, reports on the implementation of such estimates, audit reports (in the case of audits);
- conclusions of the audit commission (auditor) of the partnership;
- documents confirming the partnership’s rights to property reflected on its balance sheet;
- minutes of general meetings of members of the partnership, meetings of the board of the partnership and the audit commission of the partnership;
- documents confirming the voting results at the general meeting of members of the partnership, including voting ballots, voting powers or copies of such powers, as well as written decisions of the owners of premises in an apartment building on issues put to vote during the general meeting of owners premises in an apartment building in the form of absentee voting;
-technical documentation for an apartment building and other documents related to the management of this building;
- 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.
Membership in TSN
Members and founders of TSN can be the owners of residential and non-residential premises in the house. Also, members of the partnership can be legal entities to which the above-mentioned public facilities belong to the right of ownership, economic management or operational management.
Membership in TSN arises from the owner on the basis of a written application to join the partnership (Parts 1 - 5, Article 143 of the Housing Code of the Russian Federation). If a partnership has already been created in the apartment building, then persons who bought apartments or rooms in this house can also become members of TSN on the basis of ownership of the premises.
The Ministry of Construction proposed to include all homeowners in TSN
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Membership in TSN is terminated after filing an application to leave the partnership or upon termination of ownership of the premises in the apartment building.
A register of partnership members must be kept in TSN . The register must contain information about all members of the TSN, the size of their shares in the right of common ownership of non-residential premises in the house. A member of TSN must provide reliable information about himself and promptly notify the board of the partnership of any changes.
Rights and obligations
To conduct the work of the partnership and implement the decisions made by the general meeting, a chairman is elected in TSN and a board is created (clause 2 of Article 123.14 of the Civil Code).
The responsibilities of the TSN board include (Article 148 of the RF Housing Code):
- control over the timely payment by TSN members of mandatory payments and contributions accepted by the OSS;
- drawing up estimates of income and expenses for the year, reports on financial activities, submitting them to the OSS for approval;
- management of apartment buildings , concluding agreements for management of apartment buildings;
- hiring workers to service apartment buildings, their dismissal;
- concluding contracts for the maintenance, operation and repair of common property in apartment buildings;
- maintaining a register of partnership members, office work, accounting and financial reporting;
- convening and holding a general meeting of members of the partnership.
In accordance with Article 143.1 of the Housing Code of the Russian Federation, members of TSN and non-member owners of premises in apartment buildings have the right:
- receive information from the management bodies of the partnership about its activities;
- appeal decisions of TSN management bodies in court;
- demand high-quality provision of services and performance of work.
Also, all owners of premises in apartment buildings have the right to familiarize themselves with the following documents:
- TSN charter (as amended);
- certificate of state registration of TSN;
- register of members of the partnership;
- accounting (financial) statements;
- estimates of income and expenses for the year;
- reports on the execution of estimates, audit reports (during audits);
- conclusions of the audit commission (auditor) of TSN;
- confirmation of the partnership’s right to property that appears on the balance sheet;
- protocols of the OSS of TSN members;
- minutes of meetings of the board and audit commission;
- confirmation of voting results at the OSS;
- voting ballots , voting proxies (copies);
- decisions of the owners of premises in MKD on agenda items during the OSS in the form of absentee voting;
- technical documentation for MKD;
- other related to the management of apartment buildings and internal documentation of the partnership.
TSN members can:
- participate in the activities of the partnership personally or through a representative;
- elect and be elected to the management and control bodies of the partnership;
- make proposals to improve the activities of TSN;
- appeal in court the decisions of the TSN bodies (clause 1 of Article 65.2 of the Civil Code of the Russian Federation);
- demand, on behalf of TSN (clause 1 of Article 182 of the Civil Code of the Russian Federation), compensation for losses caused to the partnership, including from persons authorized to act on behalf of TSN, members of its bodies and persons determining its actions (Article 53.1 of the Civil Code of the Russian Federation);
- challenge on behalf of TSN (clause 1 of Article 65.2 of the Civil Code of the Russian Federation) transactions made by the partnership on the grounds of Article 174 of the Civil Code of the Russian Federation and demand their invalidity.
According to clause 4 of Article 65.2 of the Civil Code of the Russian Federation, TSN members are obliged to:
- participate in the formation of partnership property in the amount, manner, method and within the time limits provided for by the Civil Code of the Russian Federation, the law or the charter of TSN;
- not to disclose confidential information about the activities of the partnership;
- participate in decision-making by TSN, if their participation is necessary for making these decisions;
- do not harm TSN;
- not hinder or hinder the achievement of the goals for which the partnership was created.
The charter of TSN may provide for other rights and obligations.
The HOA board is headed by a chairman.
The role of the chairman of the board is generally limited to the leadership of the partnership and the board.
The chairman of the board as a manager acts on behalf of the partnership without a power of attorney.
The election of the chairman is carried out from among the members of the board by the board itself, or by the general meeting of members of the HOA, for the period established by the charter of the partnership.
The general functionality of the chairman of the board is named in the Housing Code of the Russian Federation.
Thus, the chairman of the board:
- ensures implementation of board decisions;
- gives instructions and orders to all officials of the partnership, the execution of which is mandatory for these persons;
- 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 HOA members the internal regulations of the partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, regulations on remuneration for their labor, and approval of other internal documents of the partnership.
The Housing Code of the Russian Federation gives the board of the HOA a certain range of responsibilities.
The HOA Board resolves the following issues:
- compliance by the partnership with the law and the requirements of the charter of the partnership;
- control over the timely payment by members of the partnership of established mandatory payments and contributions;
- drawing up estimates of income and expenses for the corresponding year of the partnership and reports on financial activities, submitting them to the general meeting of members of the partnership for approval;
- management of an apartment building or concluding contracts for its management;
- hiring workers to service an apartment building and firing them;
- concluding agreements for the maintenance, operation and repair of common property in an apartment building;
- maintaining a register of partnership members, office work, accounting and financial reporting;
- convening and holding a general meeting of members of the partnership;
- fulfillment of other duties arising from the charter of the homeowners association.
Issues that fall within the competence of the board are resolved at meetings.
The frequency of HOA board meetings is determined by the charter.
Meetings of the board are convened by the chairman of the board.
The board of the HOA is competent to make decisions if at least 50% of the total number of members of the board of the partnership is present at the meeting.
Decisions of the board of the partnership are made by a simple majority of votes from the total number of votes of the board members who are present at meetings, unless a larger number of votes for making such decisions is provided for by the charter of the partnership.
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