Article 147. Board of a homeowners association - as amended, verified 09.09.2020 - Housing Code

For the most effective management of an apartment building, Russian legislation provides owners of residential premises with the right to organize a special administrative form - a homeowners' partnership or HOA.

Homeowners Association

(
HOA
) - a legal entity, a non-profit organization created on the basis of an association of owners of premises of an apartment building or owners of neighboring plots with residential buildings (houses) for joint management of those premises of this house and lands that are jointly owned and used, as well as for maintaining economic activity in such a house and on land that is jointly owned, in the form of exploitation of common property, construction of additional premises and objects of common property, as well as renting out part of the common property in an apartment building or a common land plot.

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Our article will discuss what duties the chairman of an HOA should perform.

The chairman of the board of the HOA is called upon to solve problems related to ensuring the uninterrupted operation of all communal systems of the housing stock.

He maintains a dialogue and participates in negotiations with city authorities and organizations supplying public services. Informing members of the HOA about all problems and the progress of their resolution is also the direct responsibility of their chairman.

The range of functional powers of the chairman of the HOA is large. Among them:

Implementation of decisions of the general meeting of members of the association.
Concluding agreements for the provision of relevant services by utility organizations, optimizing these relationships on terms favorable to the HOA.
Providing homeowners with timely and optimal supplies of electricity, water, and heat from supply companies.
Monitoring the work of contractors in the repair and maintenance of utilities and equipment.
Maintaining reporting documentation, conducting banking operations and preparing financial statements.
Conducting general meetings of the HOA and board meetings.
Acceptance and analysis of complaints and appeals from members of the association, consideration and correction of identified deficiencies.
Concluding transactions for the purchase of necessary equipment and services (the limit amounts of these transactions must be regulated by the HOA Charter).
Regular reporting to members of the board and the general meeting on the results of their activities.

At the same time, if necessary, by decision of the general meeting, the chairman of the board may be granted additional rights.

Article 149 of the RF Housing Code

Note that the use in Part 1 of Art.
149 the term “officials” is not entirely correct, since we are not talking about a state or municipal organization. It should be assumed that this refers to the chief accountant and other persons who hold positions in the partnership on the basis of employment contracts. Compliance with the instructions of the chairman of the board should be considered as a legal obligation of these persons. 1. The chairman of the board is the sole executive body of the partnership, elected by the board from among its members for a period determined by the charter of the partnership (see Part 3 of Article 147, Part 1 of Article 149 of the Code). As already noted, the election of the chairman of the board of a homeowners’ association by the board is not entirely consistent with the nature of the sole executive body, which, on the one hand, must have sufficient independence from the collegial executive body, and on the other, be completely controlled by the highest management body.

All about HOAs according to the new Housing Code of the Russian Federation: what it is, its pros and cons, changes to the charter

Any owner of the HOA members has the right to control the spending of the partnership’s funds. He can get acquainted with the movement of funds in the current account of the partnership , which receives all working capital.

Hello Galina Sergeevna, read the “Rules for the maintenance of common property in an apartment building”, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, in particular, Chapter 2 contains requirements for its maintenance. Based on this legal act, require HOA employees to carry out the necessary maintenance and repair work on your common property.

Drawing up a protocol

The new law does not establish a specific, unified form of the protocol; it only introduces some requirements for its preparation. Based on the requirements for other organizational and administrative documents, specialists have developed a sample protocol for the general meeting of SNT members; it can be used in their activities.

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Basic requirements for the form listed in Federal Law 217:

mandatory indication of voting results on agenda items;
attachment of a list with the signatures of all members (or their representatives) who took part, with a personal signature of each participant.

The form is signed by the chairman (not necessarily the chairman of the partnership; by a majority vote of the participants, another person can receive this status). If you voted in absentia, the chairman signs the form.

In accordance with the new Federal Law 217, persons who are not members of the partnership are required to participate in the maintenance of common property, according to which they must annually contribute for these purposes amounts equal to the total established membership and target contributions. They also have the right to participate in the management of the non-profit organization and vote on major issues. Their votes must be formalized in exactly the same way as the votes of SNT members, that is, their signature is required, no matter in what form the meeting takes place.

HOA meeting: powers and procedures

The right to go to court with a claim to invalidate the decision of the HOA meeting is given by Part 6 of Article 46 of the Housing Code of the Russian Federation. The claim must be filed within 6 months from the date of receipt of information about this decision.

Notification of a meeting of HOA members is a mandatory procedure. This is discussed in detail in Article 45 of the RF Housing Code. Owners are sent a notice with basic information about the event. Residents must be notified no later than 10 days before the date of the meeting.

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How often and by whom is the general meeting of SNT held?

The next general meeting of SNT members is convened by the board as needed, but at least once a year.

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An extraordinary convocation may be held upon request:

board of the partnership;
audit commission (auditor);
more than 1/5 of the total number of members of the partnership;
local government authority at the location of the gardening area.

The board of the partnership, no later than 30 days from the date of receipt of such a request, is obliged to ensure the holding of an extraordinary meeting of gardeners, otherwise the initiators have the right to independently ensure its holding.

Notification of a general meeting at least two weeks before the date of its holding:

sent to the addresses specified in the register of gardeners;
posted on the SNT website (if available);
placed on an information board located in the gardening area.

The notice indicates the date, time and place of the event, as well as the agenda - a list of issues to be considered.

How to re-elect the chairman of the HOA: protocol of re-elections upon change of director

A homeowners association is an organized management body for an apartment building. It is the partnership that is responsible for making any decisions. Back in 2020, the government of our country issued a decree according to which every multi-storey building must elect either a council of homeowners or an association.

In this case, everyone living in a house under the control of the HOA and its chairman in particular should know and have an idea of how to remove an illiterate chairman who is misappropriating funds fraudulently.

Powers of the partnership under the Housing Code

The governing bodies of the HOA include:

Chairman of the HOA;
general meeting of members of this organization;
board of the partnership.

The chairman can only be the owner of the property, who has permanent registration in the house managed by the partnership.

This position is very responsible. This position requires professional skills and experience interacting with various regulatory agencies and authorities.

The following powers of the partnership are highlighted:

concluding contracts with contractors;
registration of contracts for the provision of utility services on behalf of the owners of housing in an apartment building;
representing the interests of residents;
establishing estimates and expenses for the next year;
other powers under the Housing Code of the Russian Federation.

A requirement for the legality of the exercise of the powers of this organization is their enshrinement in the HOA Charter.

Functions of the chairman

An exhaustive list of powers of the chairman of a homeowners association is defined in the Charter.

The powers of the HOA chairman are as follows:

Monitoring the implementation of decisions made at the general meeting;
Management of the current activities of the partnership;
Communication with local authorities, as well as with the Housing Inspectorate.
Representing the interests of homeowners in municipal authorities.
Verification of timely preparation and submission of financial and tax reporting;
Monitoring the activities of the partnership’s employees, if the execution of the chairman’s instructions falls within their responsibilities;
Placing issues on the agenda for the general meeting of owners of residential premises of the house.

The chairman of the HOA has rights and responsibilities both in relation to the organization and in relation to its members.

The rights of the chairman are based on his powers, in particular:

draw up contracts with contractor firms for the provision of household services to citizens;
hire employees (for example, an accountant)
enter into contracts with suppliers of utilities and other services on behalf of the organization;
represent the interests of residents of the house when applying to administrative authorities;
issue orders in accordance with his official powers;
develop and submit for discussion at the general meeting various local documents that are required to carry out the activities of the HOA;
other rights arising from his powers enshrined in the Charter.

In accordance with Art. 148 of the Housing Code of the Russian Federation establishes the main responsibilities of board members, from which follow the responsibilities of the chairman.

The manager's responsibilities include:

Exercise control	for the implementation of the activities of the partnership in accordance with the norms of housing legislation
Know the provisions of the Housing Code of the Russian Federation	in order to reasonably protect the interests of the association
Conclusion of contracts	for the purpose of servicing a controlled residential building
Control of timely payment	mandatory contributions by residents
Control of absence of debts	according to membership fees of apartment owners
Preparing estimates for the coming year	putting it on the agenda of the general meeting (the estimate is drawn up with comments)
Other duties	enshrined in the Charter

HOA Charter

All HOAs must have a Charter approved at a general meeting of owners of the residential premises of the house. This is the main document of this legal entity.

The charter is prepared by the chairman of the association, as well as by the members of the HOA themselves upon its formation, then it must be approved at a meeting of home owners by voting.

This document must be approved by at least 50% of the partnership participants. After which it is registered with the tax service at the location of the apartment building. Then it comes into force.

The HOA Charter is a set of standards for a non-profit organization. It contains the key powers of the partnership, the chairman and other governing bodies.

What responsibility does

A person holding the position of chairman has the right to independently hire employees who will help him effectively perform his functions.

The HOA Chairman is responsible for the proper performance of the following duties:

concluding agreements with utility providers;
timely submission of accounting and financial statements to the Federal Tax Service;
storage of documentation, maintaining registers of HOA members, etc.

In the event of unforeseen situations that threaten damage to common property, the chairman has the right to gain access to the living quarters of the residents of the house, if this is required to eliminate the emergency. In this case, he is not responsible for opening the door to the apartment and entering it.

Powers of the HOA board under the Housing Code

1. Management of the activities of the homeowners’ association is carried out by the board of the association. The board of a homeowners' association has the right to make decisions on all issues of the partnership's activities, with the exception of 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.

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Article 147. Board of the homeowners association

[Housing Code] [Title VI] [Chapter 14]
. The management of the activities of the homeowners association is carried out by the board of the association. The board of a homeowners' association has the right to make decisions on all issues of the partnership's activities, with the exception of 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 of a homeowners' association is elected from among the members of the association by the general meeting of members of the association for the period established by the charter of the association, but not more than for two years.

. The board of a homeowners' association 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.

3.1. A member of the board of a homeowners' association cannot be a person with whom the association 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 association has entered into the said agreement, as well as a member of the audit commission (auditor) of the association. A member of the board of a homeowners' association cannot combine his activities on the board of the partnership with work in the partnership under an employment contract, as well as entrust, trust, or otherwise entrust to another person the performance of his 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 board of a homeowners association is convened by the chairman within the time limits established by the charter of the association.

. The board of a homeowners association is competent to make decisions if at least fifty percent of the total number of members of the board of the association are present at a meeting of the board of the association. 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 of the partnership 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.

Article 149 of the RF Housing Code

2. The chairman of the board of a homeowners’ association acts without a power of attorney on behalf of the partnership, signs payment documents and makes transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership, develops and submits for approval to the general meeting of members of the partnership 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 the payment of their labor, approval of other internal documents of the partnership provided for by this Code, the charter of the partnership and decisions of the general meeting of members of the partnership.

1. 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.

How long is the chairman of the homeowners association elected for?

The responsibility of the chairman of the HOA according to the law is provided for in Articles 7.22 of the Code of Administrative Offenses “Violation of the rules for the maintenance and repair of residential buildings and (or) residential premises” and 7.23 “Violation of the standards for providing the population with utility services.”

Again, responsibility rests with officials and legal entities.

The chairman is not formally an official, but a legal entity, such as the HOA, can be held liable and the residents themselves will pay for the actions of the chairman.

no hot water supply;
heating is not turned on;
there is no cosmetic repair in the entrance, which by law must be carried out at least once every five years;
all kinds of unsolvable problems: the roof is leaking, the sewage system is not working, etc.

— study legislative and regulatory acts at the federal and local levels (i.e.

know them to such an extent that, if necessary, you can argue with arguments against officials who either do not want to fulfill their duties in relation to the HOA, or who are looking for their own benefit.

This is also necessary for the chairman in order to organize the activities of the board of the partnership in accordance with current legislation, the requirements of the HOA charter, decisions of the general meeting, and resolutions of the board).

— concludes transactions on behalf of the partnership. (The Housing Code of the Russian Federation did not define the limits of its powers, apparently leaving this at the discretion of the HOA. Therefore, when considering the draft charter of the partnership, the owners of the premises can introduce restrictions on the amount of transactions, which depend on the value of the HOA property and the scale of the entrepreneurial activity of the chairman of the board.)

Questions about HOAs

A homeowners' association is a non-profit legal entity created for the purpose of 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 (Clause 1 of Article 135 of the Housing Code of the Russian Federation) . These goals determine the structure of the HOA bodies established by Art. 144 - 150 Housing Code of the Russian Federation. Moreover, Art. 144 of the Housing Code of the Russian Federation, the governing bodies of the HOA directly include the general meeting of members of the partnership, as the highest governing body, and the board of the partnership, which manages the activities of the HOA. Obviously, the structure of the HOA bodies should also include an audit commission or auditor, whose competence includes checking the financial and economic activities of the partnership.

The status of the chairman of the HOA board is not spelled out in detail in the Housing Code. However, a number of its norms make it possible to identify some basic elements of the legal status of the chairman. The chairman of the board of the HOA is one of the members of the board; moreover, he heads it and convenes board meetings within the time limits established by the charter of the partnership.

For how long is the chairman of the HOA elected?

The experience of many existing homeowners' associations shows that often the chairman of the board neglects the interests of the association and its members, commits financial abuses, tries to influence the adoption of decisions by the general meeting, opposes himself to the association, imposes his will on the members of the association, etc. Of course, in such cases such a chairman must be replaced, but in practice it is not always possible to achieve an appropriate decision from the board.

2. The chairman of the board, according to the commented article, is the organizer of the current activities of the partnership: ensures the implementation of decisions of the board, gives instructions and orders to all officials of the partnership, the execution of which is mandatory for these persons.

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Features of the work of a homeowners association (HOA) in 2020

merger of legal entities;
merger of one legal entity with another;
division of a legal entity into several different organizations;
separation of individual companies from a legal entity;
transformation of a legal entity into another organizational and legal form.

the name of the partnership has changed;
in the agreement the association is referred to as a “non-profit corporate organization”;
entrepreneurship is permitted if it is carried out for the benefit of the owners;
the presence of a chairman (there may be several chairmen) and a board is mandatory;
it is possible to form a supervisory board;
the rights and obligations of TSN members can be changed based on the minutes of the general meeting of owners.

The Housing Code of the Russian Federation defines the term of office of the chairman of the HOA board as no more than 2 years

3) election of 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, early termination of their powers;

Good afternoon. According to Art. 149 of the Housing Code of the Russian Federation “1. The chairman of the board of a homeowners’ association is elected for the period established by the charter of the partnership. The chairman of the board of the partnership ensures the implementation of the 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.”

Article 147 of the RF Housing Code. Homeowners Association Board (current version)

1. Management of the activities of the homeowners’ association is carried out by the board of the association. The board of a homeowners' association has the right to make decisions on all issues of the partnership's activities, with the exception of 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.

2. The board of a homeowners association is elected from among the members of the association by the general meeting of members of the association for the period established by the charter of the association, but not more than for two years.

3. The board of a homeowners’ association 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.

4. The board of a homeowners association is the executive body of the partnership, accountable to the general meeting of members of the partnership.

5. A meeting of the board of a homeowners association is convened by the chairman within the time limits established by the charter of the association.

6. The board of a homeowners’ association is competent to make decisions if at least fifty percent of the total number of members of the board of the association are present at a meeting of the board of the association. 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 of the partnership 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.

What changes to the content of the HOA charter have been made by the new Housing Code of the Russian Federation in 2020

If the tenant - the owner of the premises does not agree with any point, it is necessary first of all to contact the chairman of the board with a letter in which he sets out the essence of the complaints. The response must also be provided to the applicant in writing.

change of name;
indication “non-profit corporate organization”;
engaging in entrepreneurship is possible to achieve the common goals of the owners;
the chairman and the board must act;
it is possible to elect several jointly acting chairmen;
the possibility of forming a supervisory board;
change in accordance with Article 65 of the rights and obligations of HOA members.

Housing Consultant

The main goal of creating such a society is to enable residents to independently manage the funds paid for utility services and housing maintenance.

The head of the partnership or chairman is elected by the members of the board and is the person responsible for all actions performed by the board of the HOA and the organization itself as a whole. The term of office of the chairman is also calculated at two years . This is a paid position.

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To make changes to the HOA Charter, it will be necessary to convene a new general meeting of the residents of the building, the agenda of which will be to make changes to the document. Based on the results of the new meeting of the owners, a protocol is drawn up, which is signed by all members of the Partnership.

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The undoubted advantage of the HOA is that it decides how the house will be maintained - whether the house needs constant security, whether routine repairs of the lobby, staircases and corridors are required, what communications require replacement, etc. Since the HOA has the right to dispose of all common areas, residents, by joint decision, can determine the purpose of the attic and basement.

Drawing up minutes of the meeting

The decisions of the general meeting of SNT members are documented in a protocol, which is signed by the chairman of the event. The document must indicate where and when the meeting of gardeners took place, who was present at it, what issues were discussed, the voting results, and the decisions made. It is advisable not to leave empty spaces or empty spaces in the document, so that in the future it will be impossible to enter anything there. A list with the signatures of all gardeners who took part in the meeting is attached to the minutes. Members of gardening organizations, as a rule, meet infrequently, and there are many issues on the agenda. Therefore, the minutes are kept in full in the affairs of the partnership, and for submission to various authorities, extracts from the minutes are made regarding the required issue.

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Powers of members of the HOA board

The decision is considered legal when the majority of participants vote for one candidate or another; it is documented in the minutes of the general meeting. An important point: at the general meeting there cannot be voting “by hand”, it is carried out by filling out ballots. You need to know that the powers of the chairman of the HOA elected at the general meeting, broader than the powers of the chairman elected by the board.

Let's talk about this in more detail and find out how the election of the chairman of the HOA takes place, who can become one and what to do if the activities of the elected leader do not suit the residents. First, let's find out who the chairman of the HOA is and what his responsibilities are.

Powers of the HOA board

The board is responsible for managing the activities of the partnership, and its powers are regulated by Art. 147 LCD. The HOA charter must clearly define the competence of the board and its difference from the competence of the general meeting (including the exclusive competence established in Article 145 of the Housing Code).

The 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 for two years. Every two years, therefore, housing legislation requires re-election of the HOA board. At the same time, the election to members of the board of persons who have already been elected to it previously is not prohibited.

The board is the executive body of the HOA, reporting to the general meeting. It is headed by the chairman of the HOA, elected from among the board members. Thus, the election of the chairman of the HOA is not within the competence of the general meeting.

The HOA charter must define the timing and frequency of convening board meetings. It is advisable to convene these meetings once a month. The progress of the meeting is recorded, and these minutes must be stored in the archives of the HOA separately from the minutes of general meetings. The quorum established for board meetings is when a majority of its members are present.

The responsibilities of the HOA board in accordance with Art. 148 LCDs include various functions.

First of all, since the board carries out the ongoing management of the HOA’s activities, it must monitor the partnership’s compliance with the law and the requirements of the charter.

An important responsibility of the board is to monitor the timely payment by HOA members of the established mandatory payments and contributions. At the same time, the HOA board must in practice ensure the regularity of these revenues, since it is assumed that they are one of the main sources of the formation of the HOA property.

The board is entrusted with drawing up estimates of income and expenses of the HOA and reports on financial activities, as well as presenting them to the general meeting of members of the partnership for approval.

One of the main responsibilities of the board is the management of an apartment building or the conclusion of contracts for its management. Thus, the communal well-being of the HOA members directly depends on the board. Concluding agreements for the maintenance, operation and repair of common property in an apartment building requires from the HOA board not only knowledge of the market for these services, but also basic legal knowledge.

The board's responsibilities include hiring and firing workers to maintain the apartment building.

The HOA board maintains the records of the HOA, the list of its members, and in addition, accounting and financial statements.

Further, the board of the HOA is entrusted with the responsibility of convening and holding a general meeting of members of the partnership. In this regard, in the office work of the HOA, the following documents should be developed and used:

* notification of a general meeting of HOA members

* sample written decision of a HOA member (or owner of premises in the house) on issues put to vote

* forms of minutes of board meetings

* forms of minutes of the general meeting.

The board of the HOA may be entrusted with performing other duties arising from the charter of the HOA, for example those specified in Art. 138 LCD:

* ensure proper sanitary and technical condition of common property in an apartment building

* ensure that all owners of premises in an apartment building fulfill their responsibilities for the maintenance and repair of common property in an apartment building in accordance with their shares in the common ownership of this property

* ensure compliance with the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for ownership, use and disposal of common property

* take measures necessary to prevent or terminate the actions of third parties that impede the implementation of the rights of ownership, use and, within the limits established by law, of the owners of premises with common property in an apartment building or that impede this

* represent the legitimate interests of the owners of premises in an apartment building (members of the HOA), including in relations with third parties.

The section of the HOA charter devoted to the functions of the board should be studied especially carefully when adopting it, since it is the HOA board that exercises day-to-day management and has various executive powers.

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The chairman of the HOA is not the owner of the property: the law and consequences in judicial practice

To become the chairman of the board of a homeowners association, you first need to be a member of the board. Next, you need to do some work and conversations with the owners of the apartments in the building so that you can form a kind of support group that will support you in the future and encourage other residents to vote for you.

It is also the responsibility of the HOA board, or rather its chairman, to receive residents and discuss with him issues that concern them. Therefore, the position of chairman of an HOA is a difficult, troublesome job; fulfilling these duties does not always fit into an eight-hour working day. As we can see, this is not a very profitable position, problems constantly arise regarding the life support of the house, there will always be residents who are dissatisfied with some aspects.

Chairman of the HOA

If we talk about the powers of the chairman of the HOA, they are determined by the main document of the partnership, and it is the Charter. It is approved at a general meeting of residents and must be approved by the majority. The chairman of the board of the HOA acts on the basis of this document and Article 149 of the Housing Code.

Regarding the breadth of authority, residents often have the question of whether they have the right to enter the apartment during their absence? Such an action can be performed only if a serious emergency situation has arisen that threatens the integrity of the property of the remaining members of the partnership and the house itself. It is within his competence to enter the apartment without residents, but with the help of the appropriate utility services, in order to eliminate all problems.