You can apply for benefits for housing and utilities either in person or through a representative, by mail or electronically through the Public Services Portal and the Multifunctional Center for the Provision of Public Services - learn more about where to apply for the subsidy. However, the lists of documents may differ. The representative must have a power of attorney from the subsidy applicant.
Power of attorney to manage an apartment without the right of alienation
In the event that any transaction was completed without such approval, its results can be either approved or challenged by the person whose interests the representative expressed.
- The main document confirming the right of representation is a power of attorney. A power of attorney is a written authority issued from one person to another and authorizing representation.
- The execution of a power of attorney must be carried out in accordance with the provisions of the current legislation and not violate them.
It is worth understanding that for a better understanding of the essence of the topic under consideration, it is important to personally familiarize yourself with Chapter 10 of the Civil Code of the Russian Federation.
It covers all the legislative nuances that must be taken into account when drawing up any types of powers of attorney.
Sample power of attorney from the management company
» Assignment and delegation
#1 -ITSUKEN-
Posted April 10, 2003 - 10:54
Colleagues
If you have such an opportunity, please share what you can.
We decided to create a management company for three organizations, transferring to it the functions of the executive body. But we still cannot come to an unambiguous decision on how to draw up documents after its creation. Who will sign invoices (more precisely, what the record about the manager will look like), who will sign dismissal orders, etc. (more precisely, how it will look on paper).
#8 -Unregistered-
-Unregistered- not a lawyer Contact Publications
Posted April 10, 2003 - 12:51
Does the management company have the right to certify a power of attorney to represent interests in court?
Natalia Terpsichore Master (1481) 4 years ago
In accordance with paragraph.
4 tbsp. 185 of the Civil Code of the Russian Federation (Part 1) power of attorney to receive wages and other payments related to labor relations, to receive remuneration for authors and inventors, pensions, benefits and scholarships, citizen deposits in banks and to receive correspondence, including cash and mail , can also be certified by the organization in which the principal works or studies, the housing maintenance organization at his place of residence and the administration of the inpatient medical institution in which he is being treated.
A power of attorney for citizens to perform widespread actions can be certified by the organization at the citizen’s place of work, study or residence. The list of such actions is established by paragraph 4 of the above article and is exhaustive. At the same time, special laws may provide for other cases when it is permissible to issue powers of attorney in the same way. In particular, the Law on Joint Stock Companies determines that a power of attorney for participation in a general meeting of shareholders and for voting can be certified at the place of work, study or residence of the shareholder, and in case of illness - by the hospital administration
By virtue of clause 2 of Art.
How to issue a power of attorney for an apartment without the right to sell?
O., passport details of the authorized person in the appropriate case;
- content of powers: to lease, represent interests, present and receive documents, make statements, enter into an agreement for the installation of an alarm system, an insurance agreement, etc.;
- duration of the power of attorney (not required, but recommended); this period may exceed the validity period of the lease agreement concluded by the trustee;
- signature of the principal.
If the power of attorney is issued for a long term, then in case of need to go to court (for example, if the apartment is damaged as a result of the actions of third parties, etc.), powers of judicial representation are needed, which require notarization. Sometimes it becomes necessary to issue a power of attorney to purchase an apartment.
Can the management organization, represented by its official, certify the power of attorney of the owner of the residential premises for voting at the general meeting of owners of the apartment building?
Note dated 10/18/2017: in accordance with Part 2 of Art. 48 of the Housing Code of the Russian Federation, the power of attorney for voting must contain information about the represented owner of the premises in the corresponding apartment building and his representative (name or designation, place of residence or location, passport details) and must be drawn up in accordance with the requirements of paragraphs 3 and 4 of Article 185.1 of the Civil Code RF or notarized.
Thus, in the list of persons established by law who have the right to certify powers of attorney for the right to vote at a general meeting of owners, neither the HOA, nor the housing cooperative, nor the management company are indicated. See more details: “Power of attorney for the right to vote at the general meeting of owners of apartment building premises”
From Article 48 of the Housing Code of the Russian Federation, Article 185 of the Civil Code of the Russian Federation, it follows that a power of attorney for voting at a general meeting of owners of the premises of the house can be certified, among other things, by the housing maintenance organization at the place of residence.
The concept of “housing maintenance organization” is not contained in the current Housing Code of the Russian Federation.
Previously, the Housing Code of the RSFSR, which lost force with the introduction of the Housing Code of the Russian Federation in 2005, contained the corresponding rules of law. Thus, in particular, as stated in Article 22 of the Code, for the operation of the state and public housing stock, housing maintenance organizations are created, the activities of which are carried out on the basis of economic calculations... Housing maintenance organizations (HOE) ensure the safety of the housing stock and its proper use, a high level of service to citizens, and also monitor citizens’ compliance with the rules for the use of residential premises, the maintenance of a residential building and the surrounding area.
Currently, the management, maintenance and repair of apartment buildings is carried out by management (commercial) organizations (MAs), or homeowners' associations, which are not designated by law as housing maintenance organizations.
At the same time, both previously existing housing and communal services, as well as currently functioning HOAs, management organizations, manage and operate the housing stock, therefore, under the meaning of Article 185 of the Civil Code of the Russian Federation, a housing maintenance organization can be understood as including a management organization, the subject of whose activities , includes, among other things, the operation of the housing stock.
An example from judicial practice
The plaintiff, who filed a demand to recognize the decision of the general meeting of owners as invalid, believed that the votes of those persons on whose behalf they voted by proxy, certified by the director of this company at ZhKU No. 2 LLC, were subject to exclusion. The plaintiff believed that these powers of attorney were invalid, since ZhKU No. 2 LLC is not a managing organization at the principal’s place of residence, as required by Art. 185 of the Civil Code of the Russian Federation. The powers of attorney certified by the director of ZhKU No. 2 LLC account for 13.02% of the total number of votes or 875.38 sq.m., which, in the opinion of the plaintiff and his representative, are subject to exclusion from the total number of voters.
The court rejected the plaintiff's arguments for the following reasons.
Referring to the rules of law provided for in paragraphs 1 and 2 of Article 48 of the Housing Code of the Russian Federation, paragraphs 4 and 5 of Article 185 of the Civil Code of the Russian Federation, the court noted that the powers of attorney disputed by the plaintiff were certified by the general director of LLC ZhKU No. 2 with the seal of this organization attached.
According to the charter of LLC “ZhKU No. 2”, the subject of the Company’s activities is:
- management of apartment buildings and non-residential buildings and structures;
- operation of real estate of all forms of ownership;
- ensuring the provision of utilities and energy supplies.
The Company carries out the following main activities in accordance with the procedure established by the legislation of the Russian Federation:
- technical maintenance of buildings and their engineering equipment;
- sanitary maintenance of buildings and local areas;
- ensuring the provision of utility services for heating, cold and hot water supply, sewerage, electricity, gas supply, as well as other services;
- current repairs, major repairs, other activities.
One of the criteria established by civil law by which a power of attorney can be declared invalid is failure to comply with its form.
In this case, powers of attorney were made by the head of the housing maintenance organization in proper written form, attaching the seal of the organization, as well as indicating in it the information provided for in Art. 48 of the Housing Code of the Russian Federation, including the powers relating to the holding of a general meeting and transferred to the authorized representative.
The court also drew attention to the fact that none of the owners of residential premises who issued powers of attorney went to court personally or challenged the power of attorney issued to them.
Thus, the court found no grounds for invalidating both the powers of attorney and the corresponding decisions (from the decision of the Dubna City Court of the Moscow Region dated June 21, 2013 in case No. 2-403/2013).
Return to the beginning of the review of judicial practice: “ Power of attorney for participation in the general meeting of owners ”
We also recommend an overview of judicial practice: “ General meeting of owners of an apartment building . Procedure, judicial practice"
Power of attorney for an apartment without the right to sell sample form
Who should compose? Since the right to use the service of a representative belongs to the owner of the apartment, according to the provisions of Article 182 of the Civil Code of the Russian Federation, the initiative to prepare the document must come from him. In the document, this interested party acts as the principal. He can draw up the document himself, or by contacting:
- to a notary;
- lawyer;
- realtor.
When applying, he must present his civil passport, cadastral passport of the apartment or an extract from the Unified State Register of Real Estate and a copy of the attorney’s passport. IMPORTANT: For apartments registered as property before 2016, instead of an extract from the Unified State Register of Real Estate, certificates of ownership are presented. The presence of an attorney when drawing up the document is not required. How to verify? According to legal norms, powers of attorney for real estate transactions are executed by notarization, which is stated in clause 1 of Article 185.1 of the Civil Code of the Russian Federation.
Certificate of power of attorney for renting an apartment
If you still have questions about filling out the power of attorney form, you can ask them in the “Add a comment” field.
You can learn about a gift agreement with the right of lifelong residence of the donor from the article: “Donation agreement with the right of lifelong residence of the donor.”
Or the tax office may find fault with the fact that the costs are associated with the acquisition of RIGHTS, and not the real estate itself. Is it possible to convert non-residential premises into residential ones if the apartment is a construction option? (internal) [link will appear after verification by a moderator] in the question explained the essence of the problem, but now this premises is interesting construction option i.e.
This page will tell you about the real estate gift tax.
- a certificate of registered persons on the territory of the residential premises being donated or an apartment card;
- technical documentation for an apartment or house, which is taken from the BTI;
- certificate form No. 4 from the BTI;
- sometimes they may require written consent of the co-owners to donate property;
- deed of donation by power of attorney - 3 originals in the case of donating an apartment and 6 originals in the case of a residential building with a plot of land.
Power of attorney for registration of ownership of a garage box City of Moscow, Moscow Region, Russian Federation September twenty-third two thousand ___________ The power of attorney was issued for a period of six months without the right of substitution.
And carefully write down each clause of the contract. Most often, real estate is transferred for use by power of attorney for the following purposes: In fact, any powers of the attorney can be specified in the power of attorney. Including the right to represent the principal in government bodies.
Power of attorney for the management and disposal of the apartment
- Important
A power of attorney certified by a notary, intended for performing actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney. The information included in the main part may vary and depend on the type of assignment that is transferred to the attorney. Without the right to sell Here this condition is written in the title of the document.
Further, according to the text, after entering the data of the principal and the attorney, the authorities are listed in which the power of attorney will be valid and all actions that the representative has the right to perform, with the exception of:
- home sales;
carrying out the registration procedure for alienation.
All actions are listed accurately so that this information does not create a precedent for an ambivalent interpretation of the owner’s position at the time of alienation of housing without his sanctions.
Power of attorney for cash payment
An organization usually instructs to receive funds from a buyer or customer for goods supplied, services rendered, or work performed.
date and place; name of the organization and its basic details, information about the director; information about the authorized person - the employee’s position, full name, passport details; powers that an organization transfers to its representative. You must authorize him to take such actions.
In addition, in this case, all actions of employees to accept cash fall under the norms of Bank of Russia Regulation No. 373-P dated October 12, 2011 “On the procedure for conducting cash transactions with banknotes and coins of the Bank of Russia on the territory of the Russian Federation” clause 1.6.
Cash transactions are carried out by a legal entity, individual entrepreneur by a cashier or other employee identified by the specified persons from among their employees (hereinafter referred to as the cashier), with the establishment of the corresponding official rights and responsibilities, which the cashier must become familiar with under signature.
; Currently, the requirements for the power of attorney to be sealed with the organization’s seal and for it to have the signature of the chief accountant have been cancelled; indication of the date - if the power of attorney itself does not indicate its validity period, then it is valid for a year from the date of issue; a power of attorney that does not indicate the date of its issue is considered void (clause 1 of Article 186 of the Civil Code).
The represented person - the organization registers the name, INN, OGRN, place and date of state registration, position, surname, first name, passport details of the person authorized to issue a power of attorney on behalf of the legal entity (for example, director)
Funds can be received both under contracts and under obligations, in a bank, etc.
We recommend reading: The secret of a will
As part of enforcement proceedings, the right to receive money under an executive document is formalized either by a general power of attorney or a separate power of attorney to receive money. I, Fartukov Valery Aleksandrovich, born March 20, 1968, passport of a citizen of the Russian Federation series 26 87 number 4956356, issued by the Department of the Federal Migration Service of Russia for the Primorsky Territory in the Pervomaisky district of the city.
Power of attorney for tuition fees (sample form)
I, citizen__ (citizenship) (full full name of the principal). "__" ____________ ____ year of birth, passport series ________ N ________, issued ________________ "__" ____________ ____
registered at the address: ________________, residing at the address: ________________, with this power of attorney I authorize citizens__ __(citizenship) __ (full full name of the authorized person). "__" ____________ ____ year of birth, passport series ________ N ________, issued ________________ "__" ____________ ____
registered at the address: ________________, residing at the address: ________________, pay at the cash desk (name of the educational organization).
located__ at the address: ________________, funds for the Principal’s training in the amount of ____________ (____________) rubles, for which she (he) is given the right to sign for the Principal and perform all necessary actions related to the implementation of this order.
If the payment procedure on the payment system website has not been completed, funds will NOT be debited from your account and we will not receive payment confirmation.
In this case, you can repeat the purchase of the document using the button on the right.
Power of attorney for payment of services
At the same time, here you have the opportunity to download this document for free and apply it in your own practice.
How to correctly draw up a power of attorney for an apartment without the right to sell?
- For certification, you need to contact a notary with a prepared copy, without affixing a signature.
- In the presence of a notary, the signature is affixed by the owner of the apartment, about which the notary makes a certification record. A state fee is charged for the certificate, the amount of which is entered in the document.
- The notary puts his signature and seal. Enters information about the certificate into the notary register, in which the principal puts his signature.
- Persons located in places where there is no access to notary offices have the document certified by the head of the institution where they are staying, or by the commander of the military unit.
- The list of such situations and persons authorized to provide identification is given in clauses 2 and 3 of Article 185.1 of the Civil Code of the Russian Federation.
Features of buying and selling an apartment by proxy
That is, these include all powers of attorney executed in violation of the law. A power of attorney that does not contain certain required details will also be considered invalid. Or, if it is drawn up and certified by an improper person.
- Citizens imprisoned in places of deprivation of liberty.
- Persons who, during the period of drawing up the document, are in a medical, treatment and rehabilitation institution or in a rehabilitation center.
- Citizens residing permanently in a social institution.
- Military personnel, members of their families, if they live in a stationed area that is inaccessible to a notary office.
Power of attorney for apartment management: details about document execution
The material presented below will help you gain basic knowledge about a power of attorney for the use of an apartment. Content:
- 1 Basic legislative aspects
- 2 Types of powers of attorney for apartment management
- 3 Powers of a trustee
- 4 Validity period of the document
- 5 What can cause the invalidity of a power of attorney?
- 6 Registration procedure
Basic legislative aspects Legislative settlement of issues related to the representation of the interests of the property owner.
Photo No. 1 When deciding to issue a power of attorney, each owner must familiarize himself with the legislation that regulates the procedure for carrying out this procedure. Fortunately for many, the concept of “representation” and everything connected with it is clearly explained in a separate chapter of the Civil Code of the Russian Federation (Civil Code of the Russian Federation).
Power of attorney in Mosenergosbyt
The principal has the right to cancel the power of attorney before the document expires. The authorized person has the right to refuse the list of powers delegated to him. Below are sample documents.
To conclude an agreement
A person has the right to draw up a document in the name of another person regarding the possibility of concluding an agreement related to the consumption of electricity.
For installation of an electricity meter
The representative can receive and sign documents on replacing the electricity meter. A sample of such a power of attorney for Mosenergosbyt is presented below:
To receive documents
When drawing up a power of attorney for Mosenergosbyt to receive documents, the authorized person has the right to independently receive documents sent by PJSC for the principal.
How to correctly draw up a power of attorney for the sale of an apartment?
Sample power of attorney for the right to sell an apartment and paperwork The question often arises: is it possible to sell an apartment under a power of attorney for the sale of an apartment? The legislation allows this (Articles 182, 185 of the Civil Code of the Russian Federation). To issue a power of attorney for the sale of an apartment, you must submit to the notary:
- owner's passport;
- a copy of the proxy's passport;
- title and title documents (they were discussed above).
Before signing a power of attorney for the sale of an apartment, you should study its text and make sure:
- in accordance with the details (the date of issue must coincide with the date of the certificate);
- compliance with authority (you can check our sample, see below);
- accurate indication of passport data, address and other data.
You should not neglect checking the text, since technical errors in notarial documents are not so rare, and their correction is an additional cost. A power of attorney for the sale of an apartment will be presented to the registration authority, and errors in it may be identified during the registration process, which will lead to a refusal to complete the registration action.
Attention
A sample power of attorney for the right to sell an apartment can be viewed here: Power of attorney for the sale of an apartment - sample. In turn, after purchasing an apartment, the new owner has a number of questions related to the renewal of documents: an agreement for the supply of electricity, an agreement with the management company.
There may be a need for representation in relations with tenants in the case of renting out an apartment.
Power of attorney for subsidy sample
FREE CONSULTATIONS ARE AVAILABLE TO ALL CITIZENS AT THE SPECIFIED PHONE NUMBERS OR VIA CHAT MODE
Power of attorney for subsidy example
— purchase subsidies due to the Principal [from an account in (name of bank)/from a demand deposit in (name of bank)/at the cash desk of a communications organization/at the cash desk of (name of the authorized body)];
— submit to [name of the authorized body at the principal’s place of permanent residence] a request for a subsidy with the necessary documents attached;
By this power of attorney [F. I. O., year of birth, identification document (passport) these, address of the place of registration of the principal], hereinafter referred to as the Principal, authorizes [F. AND ABOUT.
, year of birth, identification document (passport), address of the place of registration of the authorized representative], hereinafter referred to as the authorized representative, carry out the actions specified in this power of attorney, which are related to receiving subsidies for the payment of utilities and housing (later - subsidies ).
Example of a power of attorney for subsidies
Antonyuk Zakhar Pavlovich, identity document (passport) of a citizen of the Russian Federation 09 45 No. 674839, issued on September 15, 2007.
Let us remind you that earlier the Cabinet of Ministers changed the formula for calculating the amount of subsidies for pensioners.
Compensation for housing and communal services is issued to all citizens of the Russian Federation, except for Kyrgyzstan and Belarus, states included in the international agreement of the Russian Federation, in which the part of their household budget income attributable to payment for housing and communal services is higher than the regional one. In the regions it is determined in the amount of 10% to 22%.
certificates and what documents are required to apply for a subsidy for housing and communal services
The next step after collecting documents for a housing and communal services subsidy is to submit documents and complete an application for a housing subsidy to the authorities involved in processing the subsidy.
Dear readers!
We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
To quickly resolve your problem, we recommend contacting qualified lawyers on our website .
What specific documents are required to receive a subsidy for housing and communal services? You need to provide documents to receive a subsidy for utility bills, on the basis of which the compensated amount is calculated. Let's look at it specifically in the article.
Then a contact telephone number and registration address are indicated, in addition to a bank account number or plastic card number.
Power of attorney to receive a subsidy example
- Statement. It has a standard form and is provided by the work applying for the subsidy.
- low-income families who have officially registered this status;
- pensioners;
- large families;
- unemployed citizens;
- low-income.
- per living person - 33 m?;
- for two people living - 42 m²;
- for a family of more than 3 people - 18 m? for everyone.
FREE CONSULTATIONS ARE AVAILABLE TO ALL CITIZENS AT THE SPECIFIED PHONE NUMBERS OR VIA CHAT MODE
Power of attorney to receive a subsidy example download free of charge
In addition, you need to provide a bank account number or a plastic card number with the necessary details to transfer the compensation amount. Only Savings Bank accounts are accepted.
If there are a couple of residential premises in the property, compensation is calculated only for one apartment in which the family is registered. The income of a spouse who is married and not registered in the same territory will take part in the calculation of compensation. How to get a subsidy for housing and communal services, watch the video.
