Article 161.1 of the Housing Code of the Russian Federation. Apartment building council

If you are the owner of an apartment, then sooner or later you will be faced with issues that will need to be resolved together by the whole house. There are many problems in an apartment building, and you are part of them, in proportion to the area of your apartment to the area of the house. In such forms of management as a housing construction cooperative (HCS) or a homeowners' association (HOA), consisting of one building, the board deals with management issues. You can contact this governing body with both your problems and wishes. It’s a completely different question if your house is managed by a management organization or under direct management. In this case, there is no one to delve into and deal with the problems of the house except the owners themselves. Even if the management of the house is carried out by a management organization, this will not be a guarantee of a better solution to all problems associated with the operation of the house and the solution of problems encountered by the owners. In this case, in accordance with 161.1. The housing complex of the Russian Federation needs to create an apartment building council.

With the help of the apartment building council, legislators tried to legitimize building councils or building committees and their actions. This council is the link between the residents of the house and the management organization. To understand why an apartment building council is needed, let’s look at the rights and responsibilities of an apartment building council, as well as how to choose one.

Responsibilities of the council of an apartment building

The council of an apartment building is a body that cannot be a legal entity.
This means that he will not be able to have his own current account, seal and opportunities associated with the actions of a legal entity. But because of this, in no case should the effectiveness of the actions of the apartment building council be underestimated. With the coordinated and interested work of all members of the house council, improvement in the work of the management organization can become obvious. The responsibilities of the council of an apartment building are enshrined in the Housing Code of the Russian Federation and its main responsibility is to control the management organization. Most owners do not understand the role of the house council; if there is a management organization that receives money for its work, then why duplicate its powers, the owners ask themselves. But who in this case, if not the owners, knows better the problems of their home. In this regard, members of the council of an apartment building are simply obliged to indicate to the management organization the priority necessary measures that must be carried out for routine repairs. Determine and submit your proposals for the replacement or repair of utilities, work related to landscaping, and improving the quality of public services. He also gives his opinion on the draft management agreement with the management organization and agreements with resource supply organizations. Members of the council of an apartment building draw up a plan for the coming year for their work and annually report to the owners on the work done. The plan is based on calculations of the costs that are necessary for certain works and the ability to ensure the implementation of these works financially.

Speaking from practice, the council of an apartment building can carry out all those activities that the management organization is simply not obliged to carry out. For example, the general meeting decided to build a fence along the boundaries of the land plot. The management organization may simply not undertake the authority to collect funds for this work, or it will, but the amount in the estimate may simply be too high. The best option in this case would be for the members of the council of the apartment building to organize the search for a contractor to carry out the work and organize the collection of funds.

Rights and responsibilities of a senior person in an apartment building

Who are the senior managers in apartment buildings and what is the essence of their work? Initially, you should decide and note that in the norms of the Housing Code of the Russian Federation there is no such concept as “house elder”.

However, the concept of “household elder” is used in by-laws issued by local government bodies of settlements.

Rules for living in the apartment building.

On the creation of an apartment building council

Read about common areas in the MKD at the link: https://o-nedvizhke.ru/kvartira/obshhie-voprosy/mesta-obshhego-polzovaniya-v-mnogokvartirnom-dome.html

For this reason, there cannot a priori be any standard and nationally accepted instructions on the rights and responsibilities of a house (entrance) elder, which means that in each locality such a document will have its own individual characteristics.

However, it is worth noting that most of these documents still contain provisions similar to each other. This concerns mainly aspects in which it is indicated by whom the elder is elected and what his subordination is.

The main responsibilities of a senior often include the following:

Regular monitoring activities regarding the cleaning of entrances, as well as stairs, rooms inside elevators, and, in addition, other public facilities;
Control over housing maintenance organizations in terms of their fulfillment of their contractual obligations regarding cleaning, improvement and equipment of adjacent areas;
Monitoring compliance with the provisions of sanitary and hygienic, as well as environmental, fire safety requirements, and, in addition, operational requirements, as well as the canons of keeping pets;
Quality control of cleaning of local areas, as well as public places within the entrance, and supervision of snow removal in the appropriate season within the local area of the house;
Taking measures to eliminate shortcomings and cases of violations in the operation and maintenance of common property;
Formation of initiatives and rationalization ideas for maintaining and storing property;
Explanatory work among residents regarding their rights and obligations regarding the maintenance and use of residential and non-residential premises, as well as public places;
Information work to provide contact details of operating institutions to which residents can contact in case of emergencies, emergencies and other situations of a similar nature;
Responsibilities for storing sets of keys to emergency exits, as well as to service and operational premises, and, in addition, electrical panels and starting devices;
Control of current repairs and major repairs;
Work to assist with fire control authorities in carrying out activities aimed at ensuring the correct fire safety condition of houses;
Assistance to social protection authorities in terms of providing assistance to low-income citizens, as well as health care institutions on the implementation of preventive and anti-epidemiological measures;
Cooperation with internal affairs bodies in order to strengthen public order, as well as prevent domestic violence among residents of apartment buildings;
Work on maintaining and storing logs of OS protocols of house owners, recording requests from residents, joint technical inspections of common property, as well as passports for apartment buildings;
Providing reporting documents on the work done for the annual period.

The foreman of the house (entrance) is accountable to the OS of the residents of the house, according to the decision of which the time frame of his powers can be either extended or terminated early.

However, in parallel with the responsibilities, the elder also has a number of rights:

The right to request the necessary information and send demands to the management organization (whether it is the board of an HOA or a housing cooperative) regarding the elimination of violations of obligations;
Making proposals for improving maintenance, use, and repair work;
Taking part in the performance of supervisory functions regarding the use of finances aimed at the maintenance and repair work on the common property of the apartment building;
Providing assistance to the population in calculating payments for utility and housing services;
Sending to the management organization (board of the HOA/housing cooperative) proposals on the necessary work to carry out in terms of major repairs of the common property of the owners of apartment buildings;
Assessment of the quality of work carried out by the management organization, as well as participation in the preparation of acts of acceptance of work performed;
Taking measures for social impact regarding both tenants and apartment owners, as well as persons who live with them and who violate the provisions for the use of residential premises;
Initiation of the OS among the owners of apartments in apartment buildings;
The right to be elected as a member of the district house committee, as well as as a “district elder”.

It is worth noting that for non-fulfillment and improper performance of their duties, the head of the house or the head of the entrance is liable in accordance with the current legislation.

Rights of the house council in an apartment building

The rights of the council of an apartment building are to protect the rights of homeowners from the inaction of the management organization.

So the council of the house has the right to record the absence or supply of inadequate quality of public services. And he can contact the management company with a demand to bring the service to a satisfactory condition.

Participates in the preparation and signing of acts where it is necessary to carry out current and major repairs. Also in acts where it is necessary to record, for example, flooding of an apartment or any damage to the owner’s residential premises. In such cases, if representatives of the management organization refuse to draw up an act, then it is the council of the apartment building that has the authority to duplicate such actions.

The powers of the house council also include initiating a meeting of homeowners on any pressing issue.

What is a house council and how is the chairman elected?

The council of the house consists of its residents. The most active of them and those who want to participate in the life of the house become members of the council. However, not everyone expresses a desire to participate in the life of an apartment building. After all, this is additional work and significant responsibility. The building council holds meetings and considers the most important issues for residents. At the end of the meeting, the highlighted points are submitted for consideration and study to the Management Committee.

However, above the council is its chairman. Its functions are quite broad, and its powers allow it to make serious decisions. The chairman is selected based on a number of characteristics and the presence of certain abilities. After all, the terms of reference of the chairman are wide, and the responsibility is significant.

Responsibilities of the Chairman

The current Housing Code of Russia determines the responsibilities of the chairman of the MKD council.

These include:

representation in court of interests of residents of the house. The chairman must defend their interests, protect the common property of the MKD and take on certain responsibility in the listed issues;
contact the management company. It is the chairman who exercises control over the management company’s fulfillment of its obligations: timely repair of common property, maintenance of the local area, other terms of the contract;
check the house for malfunctions, leaks, and system malfunctions;
summarize residents’ questions and forward them to the management company in an acceptable form.

The chairman must actively participate in the improvement of the local area and resolve issues that arise between residents. For example, with the onset of winter, many residents complain about untimely snow removal. And the chairman is obliged to negotiate with representatives of the management company, which has undertaken this obligation to maintain cleanliness in the area around the house. You can read about snow removal and its frequency in the next article on our website.

Chairman's rights

The chairman also has a certain list of opportunities and rights. Collecting proposals from residents of apartment buildings, submitting them to the management company, holding meetings of residents, contacting regulatory organizations in case of violation of the powers of the management company - all these are the rights of the chairman of the house council.

Who can be chosen as chairman

At first glance, it seems that the position of chairman of the house council is honorable and not too burdensome. After all, thanks to it you can gain valuable experience and necessary contacts, some source of profit and respect from residents. However, it is important to understand the extent of the chairman's responsibility.

A person who is elected to the position of chairman of the council of an apartment building must have a number of leadership qualities, be able to negotiate, and know a lot about the features of operating a house. With insufficient knowledge, various unpleasant situations can occur. For example, monthly monitoring of the condition of the water supply and heating system, roof and ceilings without knowing the specifics can lead to inattention during the audit. As a result, an accident may occur. And during repairs, residents will be disconnected from housing and communal services for some time. And this will cause their dissatisfaction, and re-election to the position of chairman may be carried out.

According to the current Housing Code, only the owner of the residential premises in this house can be the chairman. Even the closest relative of the apartment owner cannot become the chairman of this apartment building.

Election of the council of an apartment building

The election of the council of an apartment building takes place at a general meeting of homeowners. First you need to carry out preparatory work. And determine the procedure for electing the council of an apartment building.

The procedure for electing the council of an apartment building

First, you need to draw up a notice of holding a general meeting of owners in an apartment building. The initiators of the meeting are required to notify all owners of the general meeting ten days before the date of its holding. Attention!!! Notice of the meeting must be sent to each owner by registered mail. Another method of notifying premises owners about a meeting must be approved by a decision of the general meeting. That is, in order for a simpler method of notifying owners to be possible, for example, by posting notices on information boards near entrances, this method of notification must be approved at a previous meeting. In another article we talked about how to create a notification, so we won’t dwell on that here. In this notice, the most important thing is to indicate on the agenda the elections of members of the council of the apartment building and the chairman of the council of the building.

The meeting can be held in three forms: in person, in absentia or in absentia. Today, the most popular form of holding a meeting is in person and in absentia. First of all, a meeting of owners is scheduled to be held in person, but as always happens, there is no quorum at this meeting. It's no problem. Now you do not need to announce a new meeting, this time in absentia. In case of an in-person meeting, the absentee meeting begins the next day after the in-person meeting, that is, the meeting is not interrupted. Now you distribute voting questionnaires to homeowners and wait for them to be brought to the location designated for storing the questionnaires. The end date for the meeting can be set to any date. The law does not specify time limits for holding meetings of homeowners.

After all decisions are made, they are formalized in a protocol; we also wrote about how to draw it up. All decisions are considered adopted if more than 50% of the votes of the owners took part in the meeting and more than 50% voted for these decisions. Elections to the council of an apartment building are held from among the owners of the building, and their number is unlimited, so in this matter the main thing is to use common sense. The house council is elected for no more than two years, after which a repeat general meeting must be held.

If the council of an apartment building has not been elected, then the local government body is obliged to initiate a general meeting to elect it, but in this case, people loyal to both the local government body and the management organization can become members of the council.

How to hold a meeting of owners to elect a house council

If the management believes that for effective management in the house, the council of the apartment building and its chairman are needed, and the owners and the municipality are in no hurry to choose them, the organization itself can initiate a general meeting in the house on this issue.

The algorithm for conducting the general meeting for selecting the house council and its chairman corresponds to the procedure for holding general meetings set out in Art. 45 Housing Code of the Russian Federation:

1. Initiate the OCC by formulating agenda items and proposing a list of candidates. The initiator must determine the date, place and form of the OSS (Part 5, Article 45 of the RF Housing Code).

The management organization may not initiate the meeting itself, but, for example, offer the preparation of an agenda to an initiative group of owners. The initiative group will draw up a list of candidates and proposals for the revision of the Regulations on the MKD Council. In this case, the role of the Managing Director is to provide the group with an up-to-date register of owners and help with organizing the meeting (Part 2, 3.1, Article 45 of the RF Housing Code).

2. Inform the owners about the OSS no later than 10 days before the date of its conduct.

The message should be delivered personally against signature or sent by registered mail, unless a decision was previously made to notify the owners in another way (Part 4 of Article 45 of the Housing Code of the Russian Federation).

3. Conduct an OCC depending on the form stated in the agenda: in person, in absentia or in the form of absentee voting (Article 44.1 of the RF Housing Code).

It is important that, regardless of the form of holding, a quorum is collected: owners with more than 50% of the total number of votes in the house participate in the voting (Part 3 of Article 45 of the Housing Code of the Russian Federation). The number of votes of the owner is proportional to his share in the right of common ownership of common property in the house (Part 3 of Article 48 of the Housing Code of the Russian Federation).

In addition to the selection of the chairman of the OSB, the secretary and the counting commission, the following questions must be brought up for discussion and voting:

approval of the number of MKD council members;
selection of MKD council members in an approved number;
election of the chairman of the MKD council from among the members of the MKD council;
approval of the Regulations on the MKD Council;
approval of the procedure for communicating the results of the general meeting to the owners.

You can also include additional issues on the agenda: the powers of the MKD council and its chairman and the issue of their remuneration (clause 7, part 5, clause 6, part 7, part 8.1, article 161.1 of the RF Housing Code). Or hold a separate general meeting on these issues.

4. Summarize the results by counting the number of votes on each issue put to vote.

The decision to select the MKD council and its chairman is considered positive if at least 50% + 1 vote is cast “for” from all votes of the owners participating in the OSS. The decision to vest the chairman of the MKD council with powers is made by at least 2/3 of the votes of the total number of all votes of the owners in the house (Part 1 of Article 46 of the Housing Code of the Russian Federation).

5. Notify the owners of the decision made no later than 10 days after the OSS. The message must be placed in a place in the house accessible to all owners (Part 3 of Article 46 of the Housing Code of the Russian Federation).

6. Send the original documents to the GZhN body and place their copies in the State Information System for Housing and Communal Services (part 1, 1.1 of article 46 of the Housing Code of the Russian Federation).

Definition and competence of the MKD council, procedure and amount of remuneration payment
24239
3

Responsibilities of the chairman of the board of an apartment building

The chairman of the council of an apartment building is elected from the members of the council of the apartment building. In fact, it is the chairman who performs all the functions of the council of an apartment building, so the duties of the chairman of the council of an apartment building sometimes duplicate the responsibilities of the house council. In this regard, the responsibilities of the chairman of an apartment building include the following functions:

Negotiates with the management organization about the draft management agreement, the possibility of making changes to it, to the conditions that do not satisfy the homeowners;
Presents the terms of the management agreement to the general meeting of owners;
If the owners have delegated the authority to conclude a management agreement to the chairman of the council of an apartment building, then he has the opportunity to conclude a management agreement on their behalf;
Directly controls all obligations that the management organization must fulfill and signs acceptance certificates for the work it has carried out;
Also, on the basis of a power of attorney, the owners can appear in court on issues related to the management of an apartment building and the supply of utilities.

How is the chairman elected?

The chairman of the apartment building is elected at a general meeting of residents. It is important that at least half of all owners of an apartment building take part in the meeting. Otherwise, a repeat meeting will have to be held.

It is necessary to notify residents of the upcoming meeting by registered letters, unless otherwise provided by the decision of the general meeting of the apartment building. For example, at the previous meeting, the owners determined that notices were posted on publicly accessible stands in the local area.

Several candidates are selected from among the members. It is possible to prepare ballot papers or determine another method of voting. The elections should be considered valid if at least 50% of apartment owners voted. The winner is determined by counting votes. When the chairman of an apartment building is elected, his rights and obligations (Article 161.1 of the Housing Code of the Russian Federation) are documented. The elected person gets acquainted with his key functions under his signature.

If homeowners have not independently elected the council and chairman of the apartment building, then the management company or local government has the right to initiate the procedure. In such a situation, the appointed persons may be dishonest in performing the work and show loyalty to the management company, and not to the residents.

Rights of the chairman of the board of an apartment building

Just like the council of an apartment building, it is not worth underestimating the rights of the chairman of the council of an apartment building. With skillful leadership and proactive activity, the management organization can be forced to fulfill its responsibilities. And if you gain management skills, the chairman of the house can easily hold a meeting of owners to create an HOA in his house. If there are no such global plans, then the right to exercise control over the management organization is the most important right in capable hands. Also, the right to draw up reports on the work performed by the management company and draw up reports on damage in common areas or in the owners’ residential premises is a serious tool in the hands of the chairman of the board of an apartment building.

data-full-width-responsive=”true”

Rights of the chairman of the MKD

The work of the chairman of the board of MKD includes not only control over the activities of the management company. In addition to the supervisory function, the manager is also endowed with such rights as inspecting and recording the condition of subordinate territories. For example, representatives of the management company often refuse to draw up reports of damage to the common and private premises of the residents of the house. The logic is simple: if the act is drawn up, then the shortcomings will have to be eliminated. To avoid unnecessary expenses, the management company simply refuses to inspect the premises.

But such a right is granted to the chairman of the MKD. And even if the management company refused to record damage and problems, the chairman can do this. In fact, an act is drawn up. Then the act and the accompanying letter of claim are sent to the Criminal Code. If the company does not eliminate the problem, then the owners have the right to contact the regulatory authorities.

In addition, the chairman of the house has the same rights and responsibilities as the general council of the MKD.

Limitation of powers

The authority of the house elder is also wide. The work is responsible and difficult: it involves a lot of effort and nerves. However, do not forget what the house elder should NOT do:

arrange collection of funds from residents without any justification;
independently nominate oneself for a position, including re-electing oneself for a new term;
do not provide progress reports;
hold meetings of residents without minutes;
violate housing, administrative and other legislation of the Russian Federation;
collect money from residents to pay for the activities of the house manager.

The responsibilities of the house committee in an apartment building include monitoring the quality of cleaning of entrances, careful attitude of residents to common property, supervising the work of management companies and much more. At the same time, the head of the house must not violate the rights and obligations of other persons and abuse his official position.

Often the position in question is unpaid and volunteer-based. As a rule, it is occupied by socially active people who know how to defend their rights and the rights of their neighbors. “House Keepers,” as they are often called, are skilled in understanding the law and refer to it when resolving various issues.

Having a position such as a house manager is undoubtedly a big plus, as it allows residents to take care of themselves and the condition of their apartments. We looked at what the responsibilities of a housekeeper in an apartment building are.