House elder: rights and responsibilities, how much he gets

The residents of my building invited me to nominate myself for the post of house eldest. I know that the position is quite serious and responsible. But I’m not entirely familiar with the duties and rights of such a person. I had to study the features of modern legislation. In this article I will answer the following questions:

• Rules for elder elections?
• Basic responsibilities and rights;
• Features of compensation for fixed business expenses;
• Salary amount;
• Important points regarding the organization of due payment.

General information about the position

The work of employees of a standard management company requires very close monitoring. It is necessary to respect the interests of owners and protect their rights. It is almost impossible for residents to do this on their own.

The person appointed as the head of the house turns out to be indispensable in solving various issues. Only he will be able to ensure that the necessary public services are provided in full, that they meet established requirements and quality, and that they are completed within a strictly defined time frame.

Here are a few areas where a senior should understand:

• Store important documents;
• Draw up acts;
• Manage keys to standard premises;
• Raise funds for home needs.

The appointed senior person will always help apartment owners understand the conditions and subtleties of legal issues and represent their interests in the negotiation process. The help of a responsible person will save owners money and time.

About Powers: Part I

The following list of basic powers can tell you what rights and responsibilities of the house elder are enshrined in the regulatory document:

1. The right to a meeting of residents of the house or entrance.
2. Contact the relevant authorities to resolve issues of public importance.
3. Put forward proposals for improving the maintenance of the house, routine repairs of buildings, and improvement of the surrounding area.
4. Accumulate funds from residents when deciding at a general meeting to satisfy general needs (painting entrances, planting plants, replacing technical devices at their own expense, and so on).
5. Participation and chairmanship in meetings devoted to issues related to the operation of the house.
6. Organization of improvement of local areas.

   

Features of appointment to the position

A senior person is appointed to the position solely on the basis of the results of the vote.

It is held at a meeting of all owners of residential premises. The results of the voting must be entered into a special protocol.

The rule associated with voting is not the only one. There are many other conditions for choosing a senior:

1. Meetings and voting are carried out only by prior decision of residents.
2. The question of appointing a senior can be raised by any interested owner.
3. If a tenant makes such a decision, he is obliged to notify other owners about this 10 days in advance.
4. The time and location of the meeting are set in advance.
5. For a person in charge to be approved, a quorum must be formed. More than two thirds of the participants, no less, must speak positively.
6. Tenants cannot vote in the election of a responsible person.
7. If there are a lot of apartments in a building, voting can be done in absentia.

All owners are obliged to accept the person chosen by the majority of residents as their eldest. If disputes arise, the issue will need to be resolved in accordance with the rules of the modern housing code.

Rights of residents of an apartment building

Despite the fact that the adjacent territory is in the common ownership of all residents, it is impossible to allocate a specific part of it for the use of one or several citizens. It is also prohibited to place garages in the yard without authorization, organize planting or carry out other work.

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To receive it, you must provide the minutes of the meeting of homeowners, which indicates the consent of the majority of residents to the reconstruction or construction of a new facility. In this situation, the votes of temporarily or permanently registered citizens who do not have ownership rights to the property are not taken into account.

Official duties and rights of the elder

The rights and obligations of the responsible person are established even before the elections are carried out. For performing the required work, the employee receives a certain monetary compensation. Before describing the features of salary calculation, it is worth studying in detail the responsibilities and rights of a person in this position.

Responsibilities of a senior

Among the main responsibilities assigned to the responsible person are:

1. Control over regular cleaning of entrances, elevators and various utility rooms.
2. Monitoring the improvement of areas located near the house.
3. Creating conditions for compliance with established sanitary standards.
4. Organization of high-quality and, more importantly, timely snow removal in winter.
5. Carrying out major renovations in the house and checking its quality.
6. Explaining to residents the rules for using public premises.
7. Providing telephone numbers and other contact information for various utility and operational services to resolve issues in the event of an emergency.
8. Providing assistance to employees of regulatory organizations - police, social protection and SES.
9. Making proposals related to the careful organization of storage of property of apartment owners.
10. Storage and provision of keys to the control room, utility rooms, issuance of documents - protocols, official passports of the house and various acts.
11. Elimination of violations in the field of property maintenance and operation.
12. Maintaining a journal with information related to general meetings, complaints and feedback, as well as decisions entered into the official minutes of the meeting.
13. Drawing up reports on completed work for each reporting year, providing it to residents if necessary.

Rights of the person responsible for the house

Speaking about elder rights and opportunities, the following can be noted:

• Assessment of the overall quality of the work performed by the management’s employees;
• Assistance to owners in resolving issues directly related to the payment of utility services;
• Taking part in the careful monitoring of the distribution of assets collected for special needs of the house;
• Sending applications and proposals for carrying out required major repairs;
• Writing reviews and making suggestions regarding improvements in the use of individual premises;
• Demand that violations committed by the management company be corrected;
• Call residents to participate in an organized meeting;
• Take measures against owners and tenants if they violate the established rules and conditions of operation of the premises.

Responsibilities of a house elder

Advice from lawyers:

1. How to refuse the duties of a senior housewife.

1.1. Good afternoon You have the right to refuse the duties of a house elder by taking the initiative to hold a general meeting of owners (in accordance with paragraph 4 of Article 45 of the Housing Code of the Russian Federation). You must set a date for the meeting no later than ten days before the date of its holding., indicating the agenda and your contacts in the message. Within the specified period, a notice about holding a general meeting of owners of premises in an apartment building must be sent to each owner of the premises in this building by registered mail, or handed to each owner of the premises in this building against signature, or posted in the premises of this building, determined by such a decision and accessible to all owners premises in this house In order for the meeting to bring results, you have the right to first communicate the agenda to the residents, perhaps in this way you will find a replacement. An alternative to solving your problem is the order of performance of the duties of a house elder, candidates for whom you can submit for consideration. One of the keys to the success of the general meeting in your case will be the understanding of the problem by your neighbors.

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2. What does it take to relieve yourself of the responsibilities of being the eldest housewife?

2.1. Hello! Write a letter of resignation. Send it to ALL the residents of the house. GOOD LUCK TO YOU.

Did the answer help you?YesNo

3. The person in charge of the house resigns. There are no others willing. What should I do?

3.1. Live without a house elder Having a house elder is not necessary.

Did the answer help you?YesNo

4. I live in an apartment building! The management company requires monthly electricity readings from each Apartment from the senior person in the house, for example, on the 18th, it is physically impossible to do this, to go around all the Apartments, since I work, other enterprising residents cannot do the same. Is it legal to impose such duties on the residents of the house, after all, there are employees in the company who would perform this, for the actual calculation of ONE.

4.1. The demands are not legal. Contact your home inspector.

Did the answer help you?YesNo

5. How are house elders and door elders appointed in new buildings? Rights and responsibilities of the entrance supervisor.

5.1. At the general meeting of MKD owners, all these issues are resolved. - Art. 46 Housing Code of the Russian Federation.

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6. Tell me, in the payment receipts there is a column for payment for the work of the senior house (55 rubles every month), can I legally not pay for her services, because I am not satisfied with how she copes with her duties?

6.1. Natalya, Unfortunately, the decision of the general meeting is binding on everyone. “Housing Code of the Russian Federation” dated December 29, 2004 N 188-FZ (as amended on July 6, 2016) Housing Code of the Russian Federation, Article 44. General meeting of owners of premises in an apartment building 1. The general meeting of owners of premises in an apartment building is the management body of the apartment building. A general meeting of owners of premises in an apartment building is held for the purpose of managing the apartment building by discussing agenda items and making decisions on issues put to vote.

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7. In 2020, I was elected head of the house for 3 years, due to internal disagreements among the members of the house council, I want to resign as head of the house early, how to do this correctly?

7.1. Federal legislation does not provide for such a position. Accordingly, it is provided only at the local level. Study such local regulations, based on them, and take actions.

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8. The eldest at home has left for 4 months and is not fulfilling her duties. Is it possible to re-elect her at a meeting of residents without HER KNOWLEDGE and choose ANOTHER MANAGER IN THE HOUSE?

8.1. This issue is resolved by the general meeting of residents. The consent of the real house elder is not needed.

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9. I live in a building of 26 apartments, we have our own heating, gas meters, water, electricity, direct to suppliers. We had a senior in the house, but she didn’t fulfill her duties, we cleaned the snow ourselves, nothing was done for the house, i.e. Roughly speaking, all the money went to her salary! I stopped paying her salary, now she has left, and another woman demands that we pay off the debt! Does she have the right to do this?

9.1. Hello. Yes, he has the right to do so.

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10. I am the mother of a group 1 disabled person, their grandmother-guardian hits and screams at the children, cannot cope with her responsibilities and she is already 67 years old. I am not deprived of parental rights, but I am lonely. The guardianship authorities won’t give me my children if I complain, but will they take me to an orphanage? Children are 12 years old and the oldest is 16 years old.

10.1. If he hits and screams, it means he can’t handle it anymore. According to these facts, you are obliged to immediately inform the guardianship authorities, since there is a direct indication of this in paragraph 3 of Article 56 of the RF IC. So it goes.

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11. In the period from 2014-2017, I was the eldest in the house, the payment on this issue was never raised, and I didn’t really want to demand money from the neighbors. At the end of 2020, steel doors, pipes, etc. were replaced in our house. There was a lot of metal and I handed it over, after which in 2017 I stopped performing the duties of a senior housekeeper and decided to keep the money for myself as compensation for work from 2014-2017. Now the new elder in the house is demanding this money from me and threatening to sue me.

11.1. The problem is that nothing was properly documented. They would register the change, capitalize the funds and pay themselves a salary. The new elder in the house could understand the situation himself and act based on it. It is unknown what the amount will be, but since they are threatening to sue, you need to do the following: 1. Try to call a meeting of residents and set the amount of salary for the duration of your performance as senior. If this is done, then collect documents on the scrap metal handed over and register the amount as a salary received. In principle, the new senior can do all this, but as you can see, he is not one of those people, but one of these... Good luck to you and contact me if necessary..

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12. In our house there is a management company, at a meeting of owners (without the participation of the management company) I was elected head of the house (more than a year ago). Now I want to give up these responsibilities, but no one wants to be the head of the house, how can I refuse?

12.1. This possibility is provided for by the Housing Code of the Russian Federation. If you are interested in a specific procedure for refusing to perform the duties of the chairman of the MC council, contact any lawyer in a personal message.

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12.2. Svetlana, hello. If you are simply the head of the house, and not the Chairman of the HOA and not the Chairman of the Council of the MK, you can at most write a statement to the Management Committee that you are no longer the head of the house.

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13. By the decision of the general meeting of the head of the house, it was determined to pay a monthly monetary remuneration..., the latter agreed with the management company and included this payment in the receipt for the community. Services. The head of the house does not fulfill her duties, the activity of the residents of the house is low, it is not possible to gather and hold a meeting... What to do, how to stop paying remuneration to the head of the house, because if you do not pay this amount according to the receipt/200/rubles, the debt will grow...?

13.1. What to do, how to stop paying remuneration to the eldest in the house, because if you don’t pay this amount according to the receipt/200/rubles, the debt will grow...? Conduct a general meeting of apartment building owners again,

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14. If the janitor does not conscientiously fulfill his duties, and the management company is on his side (does not react in any way), what can I do, as the eldest in the house?

14.1. Hello, in this case, you can file a complaint with the administration, housing inspection and prosecutor's office regarding the failure to fulfill the obligations of the Criminal Code. Federal Law of January 17, 1992 N 2202-1 (as amended on March 7, 2017) “On the Prosecutor’s Office of the Russian Federation” Article 10. Consideration and resolution of applications, complaints and other appeals in the prosecutor’s office 1. In the prosecutor’s office, in accordance with their powers, the statements, complaints and other requests containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor. 2. Applications, complaints and other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation. 3. The response to an application, complaint or other appeal must be motivated. If the application or complaint is refused, the applicant must be explained the procedure for appealing the decision, as well as the right to go to court, if provided by law. 4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice persons who have committed offenses. 5. It is prohibited to forward a complaint to the body or official whose decisions or actions are being appealed. Good luck. IN.

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15. She worked for 30 years on the railway. For the last 5 years she acted as a senior contractor. She was registered at the Lok holiday home. brigades Devotion was calculated as for a holiday home. With a lower rate. Is it correct?

15.1. Dear Nadezhda! What is "loyalty"? What is it about? About retirement? Please formulate your question in Russian.

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16. Question: Is it legal to include a line in receipts for payment of utility services for the payment of the acting supervisor in the house, after such a decision has been made at a general meeting of owners of residential premises?

16.1. Hello, Vladislav Yes, it is legal if the owners of the house made such a decision at a meeting. I wish you good luck and all the best!

Did the answer help you?YesNo

16.2. Is it legal to include a line in receipts for payment of utility bills for the payment of an acting supervisor in the house, after such a decision has been made at a general meeting of owners of residential premises? Well, if it is accepted by the general majority, then of course it is legal.

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17. My name is Lyudmila. They want to elect me as the head of the house, but I have absolutely no idea what my rights and responsibilities are.

17.1. As the head of the house, you will have to keep order in the house, monitor the quality of management services, etc. Good luck and all the best to you.

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18. The question is the following: it is necessary to take a child away from a guardian who cannot cope with his responsibilities. The mother died, was not registered with the father, guardianship was transferred to the grandmother. Now the situation is deplorable, the older child was sentenced to 8 years, the youngest is 8 years old, they are going to take him to an orphanage... but he has other relatives on his father’s side. What to do?

18.1. Regarding the prescription of the pharmacy, you need to contact the guardianship authorities at the place of residence of the minor child.

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18.2. — Hello, if paternity has not been established. You need to go to court and establish it in court. And then the father will be able to take his child with him. Good luck to you and all the best.

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18.3. Hello! Communicate with guardianship authorities. They appoint a guardian and decide these issues, and they also decide whether to take the child from the guardian or not. Good luck to you and all the best!

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19. Please tell me whether the person in charge of the house is acting legally if he writes complaints to the Administration about the residents of this house because they got rid of the thickets in the yard, but did not have time to remove them? And isn’t it the direct responsibility of the “same” senior housekeeper to organize and remove garbage from the area in front of the house?

19.1. Hello! The responsibility to ensure proper sanitary condition of the common property rests with the Management Company/HOA; the house manager is an intermediary between the HOA and the owners. He shouldn't write complaints about you.

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20. Help with solving the situation that has arisen, the fact is that I am a resident of the house and a couple of other apartments, they cleared the area in front of the house from thickets and bushes, putting everything in one pile in front of the house! After some time, the Administration of our city comes to me with a statement from the Head of our house that we have littered the area in front of the house and are threatened with a fine! Question: why am I responsible? Isn’t it the responsibility of the House Manager to organize the removal of solid waste from the area in front of the house?

20.1. The manager-official is responsible.

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In whose name should I write an application to relieve myself of my duties as a housemaster?

It is necessary to remove the person in charge of the house who cannot cope with her responsibilities, she does not want to leave voluntarily,

If the house supposedly elected senior people in the house, by the entrance, by the floor: 1. do these elected persons have the right to demand that the remaining residents tell them their numbers Cont.

There is a crack in the wall of our house. The management company refuses to make repairs on the basis that

I am paid for performing the duties of a House Elder in EARS.

We have had a house manager in our apartment building for several years now. At the upcoming general meeting of owners we will elect the house council and the chairman of the house council.

Residents of MK voted by a majority of votes for monthly payment to the eldest in the house (although he has no responsibilities.

I am a police officer with the rank of senior sergeant, also a combat veteran.

I am the eldest in the house. The basement in our apartment building is in an unsanitary condition (filled with garbage,

My legal wife was elected senior in the house, in which she is the owner of the apartment.

What are the responsibilities of the house elder and the chairman of the house council, in what documents can this be read?

Features of calculating earnings

In the process of appointing a person in charge, it is necessary to understand that the established responsibilities cannot always be fulfilled in full. The reason is not only the human factor, but the fact that the worker requires financial interest.

The responsibilities of the person in charge are real work, and they must be paid. Salaries for performing required duties are included in expenses related to the provision of housing and communal services. The amount of monthly earnings is established exclusively within the framework of a meeting of owners.

Compensation for expenses incurred

Along with the senior salary, standard expense items also include compensation for expenses that were caused by work needs. In modern housing, two options are used to reimburse the amounts spent:

1. The management company returns the money to the account. This is not a very easy way. It puts a person in a certain dependence on this organization. Moreover, the interests of such a company quite often do not coincide with the personal interests of the residents.
2. Residents of apartment buildings pay the costs. This is the best solution to such an issue. You don’t have to highlight a separate column in the costs that relate to paying for utilities.

Payment transfer rules

Even if the owners agree to pay the salary to the responsible person, getting it is not as easy as it might seem. The elder should not even try to collect the due funds. This is a time-consuming and completely thankless task. Those who tried to get a salary on their own, or demand money from tenants, were forced to leave the position to which they were appointed.

There is a more effective method of calculating the due salary for a senior. This process can be organized through a special apparatus of the management company assigned to the house.

In this case, the following sequence of actions is noted:

1. Obtains approval from meeting participants.
2. The rules for calculating salary and the amount of remuneration are determined.
3. A request is sent to activate the corresponding item in the list of expenses for housing and communal services.

In essence, a person who has been appointed to a responsible position formally gets a job in the management organization. The senior needs to be prepared that not the entire assigned amount will be transferred to his account as a salary. About 50% of the funds will be transferred to pay taxes and standard contributions to the Pension Fund of the Russian Federation.

To reduce the amount of such deductions, the person who has been appointed senior should register an individual entrepreneur and then enter into a formal agreement with the manager. In this situation, the deduction from the accrued amount of earnings will be approximately 10%.