Application for criminal prosecution of the chairman of the homeowners association

Earns money from HOA

According to unverified reviews from residents of Kazan, the chairman of the HOA used a painfully ordinary scheme for making money on the HOA. Its essence boiled down to four sequential steps:

1. Borrow resources from resource supply organizations.
2. Collect money from residents for utility services provided.
3. Withdraw money to “friendly” contractors.
4. “Forgive” debts to suppliers through the bankruptcy of the HOA.

The scheme was worked out, so the chairman did not make obvious mistakes: the debtor himself organized the bankruptcy of the partnership in a timely manner, and an “independent” and almost impartial arbitration manager was appointed to the bankruptcy procedure.

Entered into an agreement with the arbitration manager

The chairman of the HOA did not foresee this scenario and did not assign the majority in the register of creditors' claims to his friendly suppliers and contractors. Therefore, he could no longer choose a new loyal arbitration manager; there was no chance of winning. But unexpectedly I got lucky.

This time the creditors did not have enough competence. They did not have time to submit to the court the candidacy of their arbitration manager as prescribed in paragraph 6 of Art. 45 of the Federal Law of October 26, 2002 No. 127-FZ ten-day period. Therefore, the court requested an arbitration manager from the SRO from which the removed manager was located.

It was not difficult for the chairman of the HOA to come to an agreement with the SRO regarding the candidacy of an arbitration manager, with whom he had agreed in advance. A person who shares the pain and hopes of the ex-chairman of the HOA has again entered into bankruptcy proceedings.

Made a mistake in calculations

But for every move there is always a crowbar. Creditors, by a majority vote, switched the bankruptcy manager to monthly reporting and began to give tasks and make demands. The more work, the more time the arbitration manager spends on the procedure.

There are three ways out of this situation for the debtor’s team:

1. Increase the budget for work in proportion to the effort expended.
2. Start saving your time and making mistakes.
3. Remove yourself from the procedure and leave it to chance. This option is for those who do not know how to work well, but the budget does not allow it.

Our heroes took the second path.

They began to apply to the court with demands to remove the new arbitration manager. Numerous violations were identified. The connection between the new arbitration manager and the previous one came to light, and the new arbitration manager was also removed.

This time, the creditors were on the alert and promptly submitted their arbitration manager to the post of bankruptcy trustee in a timely manner. The court approved it, thereby putting an end to the scandalous case.

Lost to the opposition

After the sale of the identified property, the outstanding debt to creditors amounted to 2.5 million rubles. Part of this debt was created during the period of the previous chairman of the HOA, but most of it fell during the work of the second chairman.

The arbitration manager asked the court to hold both of them to subsidiary liability and built his line of attack technically and competently.

He referred to the fact that residents’ payments for the maintenance and repair of apartments, as well as for utilities, are of a targeted nature. Thus, the HOA should have spent the money received from residents only on relevant expense items, and not paid for other services.

The arbitration manager made a financial analysis, which revealed signs of deliberate bankruptcy in the actions of the HOA management. To consolidate these conclusions, the creditors asked the court to conduct a forensic examination in the expert organization they specified. The results of such an “independent” examination are usually known in advance.

The manager referred to the non-receipt of contracts and certificates of work performed by the debtor, which does not allow establishing the legality of spending the money. At the same time, there was no reason to believe that these documents were lost by the previous arbitration managers.

On the disqualification of the heads of homeowners' associations and united associations under various articles of the Code of Administrative Offenses of the Russian Federation

We have already talked about why the head of a management organization can be disqualified and whether such a penalty can be replaced under Part 2 of Art. 14.1.3 Code of Administrative Offenses of the Russian Federation for a fine. Today read why the court can disqualify the chairman of the HOA and the heads of the management company under other articles.

Failure to comply with the demands of the prosecutor's office

The chairman of the HOA, as well as the head of the management organization, can be punished by the court with disqualification for violations under Art. 17.7 of the Code of Administrative Offenses of the Russian Federation - for deliberate failure to comply with the requirements of the prosecutor.

The district prosecutor's office twice sent proposals to the chairman of one of the homeowners' associations in the Saratov region to eliminate violations of housing legislation that were identified during the inspection (case No. 5-180/2017).

The chairman of the HOA was supposed to comply with the instructions and send a report on this to the prosecutor’s office, but did not report on any of these documents. Therefore, the supervisory authority initiated a case against the official for an administrative violation under Art. 17.7 of the Code of Administrative Offenses of the Russian Federation and sent the materials to the magistrate.

The judge considered the evidence presented by the prosecutor's office sufficient. Since the chairman of the HOA twice failed to comply with the requirement to eliminate violations, the official was sentenced to disqualification for six months. Why does the court impose disqualification on the director of the management association and how to challenge it

Failure to provide the prosecutor with a report on the execution of the representation

For 10 months under Art. 17.7 of the Code of Administrative Offenses of the Russian Federation, the chairman of the HOA in St. Petersburg was disqualified for failure to provide a written report on the actions performed (case No. 5-34/2019-90).

The prosecutor sent a demand to the official to reduce the amount of debt of the HOA to the utility supplier, but the chairman of the HOA did not submit a report on the implementation of the order on time.

In the court, where the case was heard against an official under Art. 17.7 of the Code of Administrative Offenses of the Russian Federation, the chairman of the owners’ association insisted that he was not obliged to provide a report in writing on his actions as prescribed. He was going to come to the prosecutor for an appointment.

However, the judge noted that specific measures to eliminate violations of the law, their causes and conditions conducive to them must be taken within a month from the date of the submission. The results of the measures taken must be reported to the prosecutor in writing.

Failure to comply with the prosecutor's requirements cannot be a minor offense, therefore the chairman of the HOA was found guilty of an administrative offense and disqualified. For which the chairman of the HOA will be held vicariously liable

Violation of the rules of pricing and issuing receipts for housing and communal services

Among the cases involving the disqualification of HOA chairmen and management managers for violations, one can also highlight a group of claims on issues of issuing receipts, collecting fees and pricing procedures. In this case, officials are held accountable under Part 2 of Art. 14.6 Code of Administrative Offenses of the Russian Federation.

At the same time, the chairmen of the HOA, unlike the heads of the management organization, often themselves ask for disqualification instead of a fine.

For example, in case No. 5-1424/16, the owner of the premises in the house filed a claim against the HOA: his receipt for housing and communal services wrongfully included a debt that he had previously successfully challenged in court.

The chairman of the HOA admitted guilt, but asked not to impose a fine on him due to the difficult financial situation.

The court, having examined the case materials, agreed that an official of the owners’ association committed an administrative offense under Part 2 of Art. 14.6 of the Code of Administrative Offenses of the Russian Federation - violated the established procedure for regulating prices.

Taking into account the purposes of the administrative punishment, the opinion of the chairman of the HOA, and information about his personality, the court sentenced him to disqualification for six months for violating the pricing procedure.

According to Part 2 of Art. 14.6 of the Code of Administrative Offenses of the Russian Federation, the chairman of another owner’s association was brought to justice and disqualified for issuing double receipts for housing and communal services (case No. 5-365/2017).

The prosecutor's office, when checking the activities of the HOA, found that for almost six months the partnership did not have the right to issue bills for housing and communal services to the residents of the house, since the owners entered into a management agreement with the HOA.

The chairman of the HOA admitted her guilt and, like her colleague, asked not to be punished with a fine, since she would not be able to pay it. The court took into account all the arguments of the parties and imposed a disqualification on the HOA official for 6 months. Why can the chairman of the HOA be replaced?

Repeated violations of labor laws

Homeowners' associations, like management organizations, must comply with the requirements of not only housing, but also labor legislation, violations of which can also be punishable by disqualification of officials. Most often this happens due to a repeated violation under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

In case No. 5-142-14/2015, the chairman of the HOA for the second time failed to pay insurance premiums for compulsory pension and health insurance within the period established by law and was again brought to administrative responsibility. Thus, she committed a similar offense under Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, and was disqualified for one year.

Source: https://roskvartal.ru/tszh-tsn-zhsk/10351/o-diskvalifikacii-rukovoditeley-tszh-i-uo-po-raznym-statyam-koap-rf

Didn't provide strong arguments in his defense

The chairman of the HOA called a lawyer for help, but the line of defense was weak.

The court rejected the argument that the second chairman of the HOA was an improper defendant because he was not the chairman of the HOA. The citizen acted by proxy, made transactions, and managed money. And an unlimited number of persons who had the opportunity to determine the actions of a legal entity can be brought to subsidiary liability.

The chairman's statements that he spent money “where it was needed” were not confirmed by anything other than the balance sheets signed unilaterally by the defendant himself.

Confused arguments about the existence and size of receivables could not counter the official conclusions of the forensic examination that the debtor had transactions leading to deliberate bankruptcy.

The court also rejected the last argument about the expiration of the statute of limitations for bringing to subsidiary liability. He explained that the limitation period should be calculated no earlier than the date of completion of the sale of the debtor’s property and the final formation of the bankruptcy estate.

As a result, the chairmen of the HOA were held jointly and severally liable. They were also charged with the costs of conducting a forensic examination. In total, they owed utility services about 2.5 million rubles.

Author of the article: Dmitry Igumnov – General Director of Igumnov Group, expert in subsidiary liability and protection of personal assets, arbitration manager. Ksenia Terletskaya

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Today we will tell you for what mistakes the chairman of the HOA will definitely be held accountable.

Responsibility of the HOA: how to hold the chairman accountable and what the owners are responsible for.

Owners of real estate in an apartment building have the right to independently manage the property. To do this, it is necessary to organize an HOA. The partnership is registered as a legal entity and acts as an intermediary between residents and utility service provider companies. The organization is responsible for calculating rent payments and settlements with contractors. Financial activities can be a niche for abuse. Let’s take a closer look at how a homeowners association can be held accountable and in which cases one cannot do without high-quality legal support.

What is the difference from a HOA manager?

Who does the HOA need a manager or chairman? Among the owners who become members of the board, there are not always people with practical experience in the housing and communal services sector.

A chairman without special technical higher education and skills in the field of public utilities will do absolutely the right thing if he hires a manager.

The chairman of the board of the HOA , or simply the chairman of the HOA, is an administrator , while the manager commands the plumber, electrician, junior maintenance personnel and keeps under control the uninterrupted operation of all common building networks and systems, and monitors order in the common building territory.

The manager is, in fact, the manager of the building, who must have an understanding of the formation of tariffs and be able to explain to residents the essence of receipts for payment of utility bills.

The chairman is vested by the general meeting with the authority to manage finances and sign any documents, while the building manager has limited access to the documentation of the HOA board, and will receive the right to sign if he is given a power of attorney.

The manager is hired, with the beginning and end of the contract specified , and the head is elected along with all members of the board for a certain period, usually 2 years long. The chairman has broader powers than the manager.

To become the chairman of the HOA, you need to be in the thick of events taking place in the apartment building, take an active part in all endeavors, and moreover, you should initiate these innovations.

It is important that almost all owners know the activist by sight and contact him.

In this case, it will not be difficult to become one of the elected members of the board - people will vote for the true leader and entrust him with managing the house (Article 144 of the Housing Code of the Russian Federation).

Having set the goal of becoming the head of an HOA, an activist must study many legislative acts relating to housing and communal services, including the Housing Code of the Russian Federation, comprehend the basics of accounting, the basics of jurisprudence on contractual relations, etc.

Responsibility of HOA owners

A homeowners' association is an association of citizens who own residential premises located in the same apartment building under the right of ownership. In this way, the owner’s right to own, use and dispose of the apartment is exercised. An HOA is an alternative to a management company. The governing body of the partnership is the meeting of homeowners.

The HOA is a legal entity and therefore must be registered in accordance with the procedure established by law. The organization has the right, on its own behalf, to enter into agreements with companies providing utility services, as well as:

1. The HOA must provide proper conditions for residents (organize garbage collection, hire workers to clean the territory and entrances, carry out landscaping work).
2. The organization is responsible for resolving financial issues. It is allowed to rent out common property (basements, adjacent areas).
3. The company collects funds from owners and tenants and transfers them to utility providers. To ensure duration, the organization has the right to attract credit funds.

The HOA operates on the basis of the Charter. The document includes the full range of rights and obligations of the organization.

Members of the HOA board

Advice from lawyers:

1. One of the members of the HOA board has died, what should I do?

1.1. Mikhail, it is necessary to hold a general meeting and elect a new board member.

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2. What is the procedure for a member of the HOA Board to resign from its membership?

2.1. Dear Irina! According to paragraph 2 of Article 145 of the Housing Code of the Russian Federation, the competence of the general meeting of members of the homeowners’ association includes: 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. Therefore, the issue of early termination of the powers of a member of the HOA board is resolved by the general meeting of members of the homeowners association. If you have any additional questions, you can contact me by email. Consultations are paid. Sincerely, Ruslan Alekseevich Tsykalo.

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3. Question: We need a sample protocol on the election of members of the HOA as members of the board.

3.1. Hello, document preparation is a paid service, look for samples on the Internet.

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4. I resign from the position of Chairman of the HOA. Worked from July 1, 2020 to this day. Can I first take leave from August 3 to August 31, I am very tired mentally, at the same time leave a member of the board acting, and then apply for resignation?

4.1. Yes, you can do this by writing a statement to the board and appointing an acting person.

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5. Was a member of the board of the HOA upon registration, registered as a legal entity with a 0% share

5.1. Well, that's great or sad. What is your question? Sincerely.

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6. The HOA was created and registered by the developer in 1999. After the owners received the documents for the apartments, no meeting was held and there was no protocol stating that the owners had chosen the method of managing the HOA building. At the moment the HOA is working. Elects chairmen and members of the board. Does such a HOA have the right to exist, without a protocol on the choice by the owners of the method of managing the house. After all, this is the main document on the basis of which the HOA has the right to operate.

6.1. Hello. Solve problems with your own head.

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7. I am a member of the HOA. sent a request to the chairman of the board to provide a copy of the Charter and minutes. How long does it take for him to provide documents?

7.1. Hello, Elena! See Decree of the Government of the Russian Federation of May 15, 2013 N 416 “On the procedure for carrying out activities for the management of apartment buildings”, paragraph 36. The period for responding to a request (application) from the owner or user of premises in an apartment building on issues not listed in paragraphs 31, 32 and 34 of these Rules is no more than 10 working days from the date the management organization, partnership or cooperative receives the corresponding request (application) .

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8. The votes of the 5 board members were divided. It turned out that 1 member of the board is not the owner of the housing in the HOA, the name of the other is not registered in the protocol submitted to the housing complex. Do they have the right to vote?

8.1. You need to be guided by the HOA charter, where these issues should be spelled out.

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9. The new board does not provide the minutes and decisions of the owner-members of the HOA for review, what should I do?

9.1. Hello Svetlana Petrovna You should file a complaint with the state housing inspectorate and initiate an inspection of the activities of the HOA.

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10. In connection with the coronavirus, is it possible to conduct an absentee voting for the HOA, because... We are on a special account and we need to raise money to repair the roof or we can get together with the board of activists and members of the board of the HOA.

10.1. First of all, citizens should be notified of the need to conduct absentee voting. This can be done remotely by posting data on an information resource on the Internet, or by personally contacting each resident by calling or visiting apartments. After this, a ballot is drawn up, in which the option that the residents liked most should be put. On the specified day, all owners of areas in apartment buildings receive completed ballots for apartments, and also, each owner who is given voting papers is warned about the deadlines for delivery. At the end of the time given for voting, HOA employees must go door-to-door and pick up ballots. A specially formed commission calculates the results and indicates which decision received the maximum number of votes. Citizens are notified of the results of the voting by announcement at the entrance, on an information resource, in the media, or by door-to-door visits. Tel 89063968930

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11. I have the following question: can a candidate run for membership of the HOA board while under investigation under Art. 159

11.1. The law does not provide restrictions in this regard. In addition, a person under investigation and even a defendant does not mean that he will be convicted under this article. But if a guilty verdict is passed by the court, the court has the right, under this article, to prohibit holding certain positions or engaging in any activity.

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11.2. In accordance with the law and the constitution, until there is a court verdict that finds you guilty of committing a crime, you are not a guilty person and have all the rights, and when you are elected to the board, the question will be decided whether you are worthy or not. What if the court finds you not guilty? Therefore there are no restrictions.

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12. I want to join the board of the HOA, but the initiative group does not accept my application. Can I announce my candidacy for membership of the HOA board at the OSS.

12.1. The law does not contain separate provisions regulating this issue. From an analysis of the legislation, we can conclude that it is possible to change the agenda, as well as make proposals to change the candidates who will be proposed for voting at the general meeting of HOA members before the deadline for notification of the general meeting established by law. Such a message, according to Part 4 of Art. 45 of the Housing Code of the Russian Federation, must be sent in advance 10 days before the day of the meeting to each owner of the premises in an apartment building. In accordance with Part 2 of Art. 46 of the Housing Code of the Russian Federation, the general meeting of owners of premises in an apartment building does not have the right to make decisions on issues not included in the agenda of this meeting, or to change the agenda of this meeting. The exception is the case when all participants of the relevant civil law community took part in the meeting (clause 1 of Article 181.5 of the Civil Code of the Russian Federation).

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13. What must be the share of ownership in the apartment in order to participate in the election of the chairman of the HOA or a member of the HOA board?

13.1. Sergey, if the HOA Charter does not stipulate restrictions on the size of the ownership share for participation in voting, then its size does not matter.

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14. I am a member of the board of an HOA, we work for free, but at the end of the year the chairman gave everyone a bonus of 6,000 tons, I am a pensioner, my pension was indexed and in January and February I received it taking into account the indexation, and in March in the amount of December last year. All because of these 6000₽?

14.1. Ask your Pension Fund branch about the reasons for the decrease in indexation, and only then you need to think about what to do next.

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15. Is it possible to liquidate an HOA without a chairman or members of the board and general meeting?

15.1. No, only the general meeting can make such a decision. Sincerely.

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15.2. Good afternoon. The HOA is a legal entity. Accordingly, it is subject to the actions provided for the liquidation of legal entities provided for in Art. 61 Civil Code of the Russian Federation. The founders of the HOA are some owners. Thus, it is necessary to hold a general meeting of owners with an agenda to make a decision on the liquidation of the HOA.

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16. Does a member of the HOA board (owner, member of the HOA) elected by a majority vote have the right to issue a power of attorney to another person (not the owner, not a member of the HOA) for the right to take part in meetings of the HOA board and the right to vote during the meeting of the HOA board instead of himself?

16.1. In essence, legal relations - no, the specified rights of a member of any body are personified, can only belong to the person elected in this case, another person cannot accept such rights except as a result of election.

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17. A protocol on administrative violation was drawn up at the HOA. Does the chairman of the HOA board have the right to enter into an agreement with a lawyer at the expense of the HOA to participate in court without a decision of the general meeting of HOA members?

17.1. In itself, if internal documents do not limit the size or conditions of contracts concluded by the sole executive body, it does.

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18. The charter of the HOA states: “Vacancies arising in connection with the departure of individual members from the board may be filled by decision of a special meeting of the board convened for this purpose at any time after such a vacancy occurs, or by decision of the general meeting of members of the Partnership. » Is it legal when choosing a new board member? .

18.1. Dear Natalia! Firstly

, according to Article 145 of the Housing Code of the Russian Federation (in short - the Housing Code of the Russian Federation), the competence of the general meeting of members of the HOA includes
the 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.
Secondly
, according to clause 2 of Article 147 of the Housing Code of the Russian Federation, the board of a homeowners’ association 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
. Therefore, the instructions in the Charter of this HOA “Vacancies arising in connection with the departure of individual members from the board of directors may be filled by decision of a special meeting of the board convened for this purpose at any time after such a vacancy occurs” is illegal, since it contradicts the provisions of the articles 145, 147 Housing Code of the Russian Federation. Although this is not surprising for lawyers, since it has long been known that even many chairmen of the boards of HOAs do not really know their rights and obligations and the provisions of the Housing Code of the Russian Federation. All the best.

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19. 02/20/2020 an in-person meeting of HOA members will begin in absentia. One of the points is the selection of board members. The proposed list of board members is not posted on the stands, but I know for sure that there are no previous members of the HOA except the chairman himself. How do I apply to be included on the HOA board? Thank you, Elena.

19.1. You can now write a statement to the HOA about this. Sincerely.

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20. A group of proactive citizens held a meeting of the HOA and re-elected a new chairman of the HOA, who is a member of the HOA, but is not included in the board. Or should it have been necessary to first introduce him to the board of the HOA, and then elect him as chairman? The election of the chairman of the HOA board by the general meeting is prescribed in the Charter.

20.1. We must first add him to the board.

Did the answer help you?YesNo

20.2. Hello. Explanation of the provisions of Federal Law No. 217-FZ of July 29, 2017 “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation”

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The chairman violates the housing code and the HOA charter, ignores the opinions of the owners, and initiates measures that could cause financial damage to the owners.

The chairman of the HOA does not give me documents, such as the register and ballots, for review,

If the chairman of the HOA misappropriated funds, then what responsibility do the board members bear?

The question is: The HOA wants to sue for failure to pay for major repairs/maintenance.

Please, what documents in the HOA are required to be signed by all members of the HOA board? Can only the Chairman of the Board sign the work completion certificate?

Can members of the HOA board decide to include a target fee item in the payment bills, without a decision of the general meeting?

I have been the chairman of the HOA board for many years. I did not sign an employment contract.

One member of the HOA board terminated the ownership of an apartment in the apartment building of our HOA.

We live in a HOA house, I am the owner. The husband was elected to the board, does he have the right to be elected to the board?

Can the owner of a non-residential premises, being a member of the HOA, be the Chairman of the Board of the HOA?

Do I have the right, as a member of the HOA, to apply to the HOA Audit Commission regarding identified shortcomings in the work of the HOA board?

Who is responsible in the HOA

The HOA, as a legal entity, is responsible to the owners, the state, the municipality, and service providers. Individual board members are personally responsible for decisions made to support the organization's operations. The Partnership is responsible for financial obligations and for improper fulfillment of the duties assigned by the Charter.

The HOA consists of a chairman, members of the board and an audit commission (a group of owners who monitor the activities of the board).

The chairman belongs to the governing body. Its function is to make decisions on the activities of the organization and represent the HOA when concluding contracts, legal transactions, and processing loans.

The Chairman is responsible in case of distortion or concealment of information about the company and its activities. If the organization incurs debts that arose as a result of unfounded decisions of the manager, it is possible to hold the chairman of the HOA accountable.

Other board members are also responsible. Their main function is to ensure the organization’s obligations to counterparties. The board is the executive body of the HOA.

Board members are responsible for the decisions they make to ensure the activities of the organization. Making unscrupulous and unreasonable decisions can lead to negative consequences. Board members may be subject to punitive damages to compensate for harm caused by the consequences of their decisions.

Procedure options

The legislation of the Russian Federation provides for two options for dismissing the chairman. They are radically different from each other, but each of them must be carried out in the manner prescribed by law.

Very often you can find cases when the chairman performs his duties poorly, and the residents of the house at a general meeting decide to remove him from his position. In this case, it is necessary to be guided by the Labor Code, since an employment contract was concluded between both parties.

Another way to remove the chairman of the HOA from office is his personal desire. Even in this case, you need to adhere to strict rules and complete all documents correctly.

At your own request

In life, there are a variety of situations due to which a person decides to leave his position and writes a letter of resignation of his own free will. However, in order to formalize the resignation before the deadline for re-election on legal grounds, it is necessary to attach it to one of the possible cases. Among them it is worth highlighting the following:

1. Retirement due to age.
2. Inability to continue working due to health reasons.
3. Moving to a new job.
4. Change of country, city or place of residence.

In the first two cases, it is enough to attach to the application for resignation at your own request a certificate confirming your retirement or deterioration in your health.

If the chairman of the homeowners’ association prefers to engage in another type of activity or move, then he has two ways to legally resign from his position. To remove your authority, you need to:

1. Convene an extraordinary meeting of residents of an apartment building and raise the issue of your dismissal. If the meeting is against it, then the HOA chairman can resign only by contacting government services.
2. Contact the tax service and notify them of your decision.

Situations often arise when the required number of residents are not present at a meeting to make a decision. In this case, the manager has the right to write a letter of resignation and transfer management to a temporary person.

Forced offset

If it is necessary to dismiss the chairman of the HOA without his consent, then a meeting of all residents of the house should be initiated and a final decision on this issue should be made there. The entire dismissal process must be carried out according to a strictly defined procedure by law. This is done by performing the following activities:

1. The first step is to hold an extraordinary general meeting, at which a decision is made to dismiss the chairman by a majority vote (more than 50%). It must be recorded in the protocol.
2. Then the residents of the house draw up an appeal, claim or complaint. In it, they invite the chairman to leave his position at his own request.
3. If this does not happen, the voting protocol is transferred to the board. There it is examined for legality and only after that the chairman is fired.
4. The board, which acts as the employer, draws up a written order upon the decision made.
5. It is signed by all members of the board. Now the former chairman is obliged to leave his position within the next two weeks. At the same time, he must complete all the work begun.
6. The text of the order is communicated to each resident of the apartment building.
7. The former chairman, after leaving his job, receives a full payment for the current month.

What liability can the HOA be held liable for?

In case of improper performance of duties or gross violation of the law, the HOA will be held accountable. Contracts concluded by an organization are civil. Therefore, penalties for violation of conditions are provided for by the Civil Code.

Liability for the actions of the partnership relates to offenses in the field of property protection. Administrative measures are imposed on the organization as a whole. Legal entities are subject to sanctions in the form of fines.

The chairman of the HOA may be held criminally liable. In accordance with the law, criminal penalties are applied personally to the official, and not to the organization as a whole.

Crimes committed by the chairmen of the partnership are predominantly of a property nature:

• misuse of HOA funds;
• fraud;
• embezzlement;
• abuse of power.

Chairman of the HOA\

evidence in the case was not carried out by the court in full; all the evidence taken together was not properly assessed in the verdict. The judicial act on compensation of material damage to an acquitted person in a criminal case at the expense of the state budget in connection with unjustified criminal prosecution, reinstatement in office was left unchanged, since the judicial act on challenging the actions (inactions) of the chairman of the Yuzhny Housing Housing Association (hereinafter - HOA), the applicant initiated a case in court to challenge the actions (inactions) of the HOA chairman, O.I. Krasnikova, citing their illegality in conducting the financial and economic activities of the HOA. By the ruling of the Stary Oskol City Court of the Belgorod Region dated July 12, 2010, for these purposes, it is proposed to enshrine in the Housing Code of the Russian Federation the provisions according to which the chairmen and members of the board of the HOA are officials of this partnership. - there is no sole management - according to the law, “management of activities homeowners' association is carried out by the board of the association (part 1 of article 147 of the Housing Code of the Russian Federation)