Competence of the Council of an apartment building
The main goal of the work of the Council of an apartment building is the implementation of the decisions of the general meeting.
To achieve this, its members maintain documentation, manage finances and can act on behalf of the owners.
Therefore, they can be called a kind of executive body.
The only difference is that decisions are made by the owners, and “management” plays the role of service personnel. Let us highlight the main responsibilities of the House Council:
- planning home maintenance and repair work; for this purpose, complaints and suggestions from residents are considered, and financial capabilities are also taken into account; an important part of this point is maintaining documentation and agreeing on all decisions with the meeting of owners;
- practical implementation of meeting decisions; includes negotiations with contractors and the Management Company;
- quality control of services; includes a thorough inspection of repair work and housing and communal services; if the results are unsatisfactory - proceedings with contractors, including ongoing discussions and filing complaints with the Management Company.
ATTENTION! The council is fully accountable to the owners' meeting. He assists the Chairman in his work.
Responsibilities of the Chairman
In this chapter, it would be advisable to fully consider the responsibilities of the chairman of the board of an apartment building. To begin with, it should be noted that he is elected directly from the members of the residential council. Thus, it is the chairman who implements absolutely all functions of the building council’s activities. By the way, this is why his duties often duplicate the duties of the council itself. These include the following points:
- Negotiating with the management structure regarding the draft management agreement, the possibility of including certain changes in it (the latter, as a rule, relate to conditions that unsatisfactorily affect the owners of residential premises).
- Providing the terms of the management agreement directly to the general meeting of apartment owners.
- Concluding a management agreement in the case where the owners of the apartments have transferred to him the powers associated with concluding a management agreement.
- Direct control of absolutely all obligations that, one way or another, must be fulfilled by the management structure, and signing of acceptance certificates for work that have been carried out.
- Acting in court on issues related to the management of multi-apartment premises and the supply of utility services on the basis of a power of attorney from the apartment owners.
Objectives and procedure for electing members
One of the main tasks is quality control of service and repairs.
MKD representatives must actively cooperate with the Management Company and other contractors.
It is their responsibility to make reasonable demands and verify the final result.
What if the job is unsatisfactory? Let's say a major renovation has been carried out, but the roof is still leaking. What can they do?
IMPORTANT! The MKD Council, headed by the chairman, has the authority to resolve some issues independently: accept work, sign Acts, etc.
Firstly, the rights and responsibilities of the Council include timely verification of the results. If violations are identified during the work, then something can be achieved immediately on the spot.
If they overlook some of the workers’ flaws, then changes will have to be achieved through complaints and proceedings with the Management Company.
Secondly, it is important to remember that the owners you choose have a limited range of leverage over the Management Company.
In this case, the rights and obligations of members of the Council of an apartment building are the same as those of a simple owner. Therefore, the only opportunity to change something is cooperation with contractors, constant monitoring of work, and in case of violations, filing complaints.
If members of the association regularly bombard the Management Company with complaints and come to the office for investigations, then the quality of work will be significantly higher.
Of course, we are not talking about serious tasks, but about simple everyday trifles that do not infringe on the rights of owners.
However, if the chairman has a power of attorney, he will be able to independently sign contracts for the maintenance and repair of the house.
Residents have the right to indicate whether they can independently enter into long-term contracts or whether they will be limited only to the execution of one-time services necessary for the ongoing repair of the structure.
ATTENTION! To expand the powers of the Council of an apartment building, you need to issue a special power of attorney to its Chairman.
If you trust its members and do not want to be constantly called to vote, then you need to sign a power of attorney with as many options as possible.
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Responsibilities
The powers established for the activities of the body responsible for housing development, as well as the rights and obligations, are established by the apartment owners together. By holding a meeting of owners of an apartment building and voting. Here the chairman of the residential building is elected and functions are established. On behalf of the current management, he puts forward appeals to various authorities.
They also work closely with residents. Since apartment owners decide who can sit on the council, they have the right to change the composition. It is also possible to change the chairman through a meeting. He is granted rights, as well as a number of certain obligations. The powers vary depending on the requirements of the home owners. All changes must be established and consolidated for action at a meeting of the apartment apartment building.
The residential building council may be elected at a meeting. The procedure can be carried out repeatedly; if residents are not satisfied with the performance of the duties of the chairman, then the composition of the commission can be re-elected. To do this, it is enough to collect a sufficient number of signatures of co-owners by organizing an extraordinary meeting.
A protocol of a meeting
How often should the Council meet? There are no strict rules. This should be done as needed: at least 2 times a year , because once every 6 months the Council is obliged to submit a report on its activities.
Often the Council meets about 3–4 times. They must be reported in advance, at least 10 days in advance.
It is important to note that this body does not replace the decisions of the general meeting of owners: it only implements the decisions made.
The meeting decides on the reconstruction of the house, transfer of common property, election of Council members, etc.
There must also be a quorum at Council meetings. But exactly how many members must participate depends on the Charter: perhaps it is 50% or 100%.
The decisions made are entered into the minutes of the Council of your apartment building, which is filled out according to the model of the adopted charter. This must be done after each owners meeting.
The minutes of the meeting of the House Council must include several mandatory points:
- address of the apartment building;
- date and place of the meeting;
- chairman, his deputy;
- who was present;
- agenda;
- Voting results; for each issue raised, the result must be indicated separately;
- results of the meeting;
- signature of all members.
ATTENTION! The implementation of decisions that are not based on the decision of the general meeting of owners is unlawful.
What is this
There are many problems associated with organizing the existence of a residential building. The advice of the house in the house contributes to their solution. It is necessary to select a person responsible for working with government agencies in the house. Selected by the MKD group - a meeting of apartment owners, it helps solve any problem:
- Regarding the operation of the house.
- Tenant disputes.
- Preparation of various documentation.
The responsibilities assigned to the head of the house in an apartment building, his work functions are determined by the working meeting of a specific property. This body cannot be a legal entity; there is no seal, no current account, and all activities that can be carried out by a legal entity. Powers are set by residents. Since they are reliably aware of all the pressing issues, it is easier for them to establish responsibilities.
By choosing the head of the house where the owner lives, he places hopes on him in his house. Apartment owners take part in meetings regarding their premises, organize meetings at home, make proposals that they want to see implemented.
Goals for MKD activities can be set by any resident of the house. The date of the meeting can be fixed or change depending on the wishes of the tenant. The final decision is made by the chairman of this residential building. The person chosen by the residents must always side with the opinions of the people living in the apartments.
Chairman
When the house council is elected, the order is clear - a meeting is held. It is used to select the head of a given house. The competence of the applicant is important, and the election procedure must also be observed. Quorum is established. If the required number of people is not available, the head of the meeting is not elected. All decisions, even the most minor ones, are made in the presence of the head at meetings of the MKD. Their time and date are set by the chairman. Residents can also decide. The head must be notified of this, explaining the reason for the meeting.
At the meeting, issues of life at home are raised. Decisions are made jointly. The chairman is responsible for the legality of actions. Its activities are also determined by Article 161 of the Russian Federation. It states that residents are required to hold a meeting and elect the head of the commission. He has the right to convene an unscheduled meeting, at which the head must provide a report on the work done and the funds spent by the residents, if any were collected.
Dates
As long as the owners are satisfied with the conduct of the house’s affairs, it is not necessary to update the composition. The duration of the work of the team of mkd members is determined by the owners. This may be for a specified period. The creation can be initiated by the chairman of the apartment housing council, if the duties assigned to them are not fulfilled, and the competence of the apartment building is lacking. The powers of the head of the house allow him to put forward a proposal for discussion.
If the MKD council is not created within 1 year, then the authorities convene a meeting within 3 months and a HOA is formed instead. The house council created in an apartment building must reflect all the obligations assigned to them. The chairman has the right to operate - to control work with government agencies.
The council of an apartment building carries out the decisions of the owners. If there are doubts about his competence, he can be re-elected. Responsibilities can be performed by people living in the house.
Authority
The council, elected by the residents of an apartment building, has a number of rights and responsibilities. They are charged to the chairman, determined by the address of the house. It is allowed to set the limits of responsibility of owners who choose the composition of the apartment building. There are no strict requirements for who can serve on the elected house council. The meeting determines the composition of the commission responsible for the work of the elected members.
Determining the responsibilities of the chairman of the residential building chosen by the tenants is determined by a general decision of the residents, while they have a direction - working with government agencies, paperwork. The responsibilities and powers of the house must be strictly spelled out so that apartment owners can familiarize themselves with them. It is necessary to draw up a regulation on the commission of an apartment building.
