Payment to the elder in the house in receipts

Responsibilities of a house supervisor in apartment buildings

It is the house elder who will help apartment owners understand the intricacies of legal issues, and also represent their interests during negotiations with management companies, saving not only precious time, but also money for the residents.

In buildings with a large number of apartments, absentee voting is allowed, organized by the initiator of the idea. Only apartment owners who have privatized their housing can elect a person for a position. Tenants are not allowed to vote.

Remuneration agreement

At whose expense will the salary be paid? It's up to you, or rather, the congregation of your home, to decide. Some prefer to see a separate column in payments for housing and communal services, while others prefer it when funds are allocated from the general fund and funds of the management company.

There are two main ways to officially pay remuneration:

under an agreement with the Management Company; in this case, the salary of the house manager in apartment buildings is a fixed amount and is paid at the expense of the management company, however, it is worth considering that such funds are taxed, which is why payments are less than what is specified in the contract;

under an agreement with the owners, in which the management company acts as an intermediary; is considered the most optimal payment scheme, because in this case the funds are subject to less tax;

The management company acts as an intermediary, and the payment of funds comes from the residents of the house; payments are regulated by a contract, which may include various remuneration terms.

Various clauses with conditions can be included in the contract:

when and under what circumstances the elder receives remuneration;
when bonuses and benefits are provided;
conditions under which he is deprived of all this.

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This agreement should indicate two points:

the amount of remuneration approved by the general meeting;
the frequency with which the management company must make payments.

Foreman in the house and entrance, his rights and benefits, who he can be

General provisions that determine who the senior person in the house (entrance) is, how he is appointed and who he is subordinate to;
Legal status: rights and responsibilities of the elder in the house;
The liability that a house manager may incur and its grounds.

Request information from various authorities and send demands to the management organization to eliminate violations in the area of accepted obligations;
Offer options for improving the maintenance and use of public facilities, as well as repair work;
Control the expenditure of funds intended for the repair and maintenance of home property;
Participate in the calculation of payments for housing and communal services;
Indicate to the management organization the need to carry out major repairs of the property of the house;
Evaluate the quality of services and work of the management company, participate in the acceptance of work performed with the preparation of reports;
Contribute to the provision of social influence on residents who violate the rules of housing use;
Initiate the convening of a general meeting of residents;
Can be elected as a member of the district house committee and “district elder”.

Rights

In addition to responsibilities, the head of the house also has certain rights:

obtaining the necessary information from the management company, homeowners' association, housing cooperative, sending requirements to eliminate violations to these structures;
making proposals for improving the operating conditions and maintenance of property, as well as for its repair;
control over the use of finances aimed at maintaining and repairing common property;
assistance to residents in paying for utilities and housing services;
sending proposals to a management company or other structure regarding the need for major repairs of common property;
assessment of the quality of repair work performed, participation in the preparation of the acceptance certificate;
taking measures to influence tenants and residents who violate the rules for the use of residential and non-residential premises;
submitting an initiative to hold a general meeting of residents.

Also, the house elder can be elected as a member of the district house committee. In this case, his powers include protecting the general interests of residents of multi-apartment buildings.

What are the responsibilities of a house elder and what responsibilities does he bear?

3.2. Ensuring the execution of decisions made at the general meeting of owners, within the framework of the powers delegated to it (including by issuing a power of attorney). The decision to grant powers is made at a general meeting of owners.

• carry out periodic monitoring of the condition of the structures and engineering equipment of the entrance, as well as the improvement of the local area; • at least once a week, monitor the cleaning of the local area and common areas at the entrance; • about noticed shortcomings and violations in the operation and maintenance of common property in the entrance, take all possible measures to eliminate them; • in winter, control snow removal in the local area; • prepare proposals for the maintenance and preservation of the entrance property; • inform the General Meeting quarterly about the results of the work; • together with the HOA representative, monitor the current and major repairs of the entrance; • personally purchase materials necessary for the ongoing operation and repair of the entrance; • have a set of keys to the emergency exit, service and operational premises, electrical panels and input devices in the entrance; • explain to homeowners of the entrance their rights and responsibilities for the maintenance and operation of residential and non-residential premises, common areas, and also provide the addresses of operating organizations where they can contact in case of emergencies, emergencies and other situations.

What rights of the elder in the house are enshrined in law?

According to the current housing legislation, the building manager has the right to:

receive information from organizations and institutions regarding the life of an apartment building, send requests to the management company to eliminate violations in the public services of a residential building,
make proposals for improving the maintenance and intended use of premises and common areas, as well as the need for routine and major repairs of the building, bringing the local area into proper condition,
check the expenditure of funds allocated for the maintenance and repair of entrances, basements and roofs of a residential building,
carry out appropriate work with apartment owners on timely payment of utility bills,
accept the repair work performed by the management company or other contractors,
if a defect is detected in the work, make appropriate comments in the report and demand that the deficiencies be eliminated,
take measures to resolve issues related to violations by individual residents and apartment owners of the rules for the use of housing and common areas,
convene regular general meetings of apartment owners of a multi-apartment residential building,
to be elected to elected bodies of local self-government.

If the house manager is irresponsible in the performance of his official duties or abuses them, then he may be:

re-elected at any time by decision of the general meeting of apartment owners,
brought to administrative, criminal or material liability.

Where can I complain about the management company?

House elder: rights and responsibilities

For this reason, there cannot a priori be any standard and nationally accepted instructions on the rights and responsibilities of a house (entrance) elder, which means that in each locality such a document will have its own individual characteristics.

Another option for the development of events and resolution of the issue is the case when the management company hires a person (a senior person in the house) on its staff, and therefore pays wages in his favor as its employee.

Documents confirming the authority of the building manager

The general meeting is authorized to adopt a number of documents that will regulate the life of the house, these are:

the charter of the house, which stipulates in detail the procedure for holding general meetings, their order, the rights and obligations of the house manager, the procedure and grounds for paying remuneration for his work,
regulations on residential buildings, which reflect similar issues.

If there is a small number of apartments in an apartment building, all issues are approved at a general meeting. A separate issue is the decision on the payment of remuneration to the manager.

Please note! Housing legislation provides several options for this:

the salary of the building manager is taken into account in the rent paid by the management company. She, in turn, officially recruits the house manager and pays a salary, the amount of which is established by the general meeting,
Apartment owners independently collect money for the manager’s salary.

Minutes of the general meeting of residents of an apartment building.

Read how to change the management company here.

How to get legal advice on housing and communal services issues for free, read the link: https://novocom.org/konsultaciya-yurista/yuridicheskaya-konsultaciya-po-zhkx-besplatno.html

Why do you need a house elder? Responsibilities and legal rights of a representative of the interests of apartment building residents

For example, if you are dissatisfied with the quality of services, then you do not need to go alone and try to achieve something. All that is required of you is to point out the problem to the “manager” of the house and, if possible, offer options for solving it.

To find out who fills this role, you need to contact the management company or the chairman of the HOA. The entrance manager is responsible only for the entrance, and the house manager is responsible for the entire building.

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Rights and responsibilities of the entrance supervisor in apartment buildings in the Russian Federation

In Moscow, those in charge of houses and entrances are given an official benefit in the form of 100% payment for repairs and maintenance (category 45 in the “List of categories of citizens entitled to social support measures (benefits) for paying for housing and utilities in Moscow”).

At the same time, the citizen selected for this position cannot be a representative of either the HOA or the management company. Taking this rule into account, it becomes clear that it will not be possible to include a note in utility payments about payment for the services of the elder. In such a situation, there are several options to reward the worker:

Are there any benefits?

Everything is individual, and therefore it again depends on the decision of the meeting.

In some cases, benefits for efforts and other merits can be provided by the management company.

Often they represent getting rid of paying for garbage removal services, using an intercom, etc. The holder of this position does not need to count on much. Often, the benefits of a house elder in apartment buildings do not exceed a couple of hundred rubles in equivalent.

How to choose a house elder

By decision of the meeting of owners of premises in an apartment building, oblige the management company to include the line “ Payment for the services of a house elder ” in the general list of housing and communal services, indicating the amount of accruals and the rules of accrual (per square meter, per resident, etc.), and also oblige the manager the company enter into an agreement with the house elder.

The Housing Code of the Russian Federation determines that the general meeting of owners of residential premises is the governing body of an apartment building. However, the same Housing Code in paragraph 3.1. The article says that the general meeting can elect a senior person in the house (seniors in the house) and the same meeting determines the conditions of his work.

What kind of salary does the house elder get?

The current legislation of the Russian Federation does not provide for such a position as a senior person in charge of a house or entrance. If the owners of an apartment building create an owners' association, then they can provide for the positions that they need for the normal functioning of the building.

Remember! In this case, wages will be paid from funds that will be paid by each homeowner. In addition, such functions can be assigned or accepted by citizens on their own initiative free of charge.

If a residential building is serviced by a management company, then its representative cannot be elected to the specified position.

Another way for the building manager to pay remuneration is to conclude a service agreement between him and the residents of the house. However, in order for such a document to comply with the norms of current legislation, its drafting should be entrusted to a professional lawyer.

It should be remembered that whatever payment option is chosen, it should not contradict current legislation. Otherwise, there is a risk of bringing the building manager to legal liability, even criminal liability.

Suing the management company.

House elder - rights and responsibilities

making proposals for the maintenance of the common property of the house and carrying out repair work;
assistance to residents in various issues related to housing and communal services;
sending various requests to the management company, service organizations, municipal and state authorities (for example, to provide information about accrued fees for housing and communal services or about correcting an existing violation);
exercising control over the use of funds allocated for repairs or maintenance of common property;
sending to the management company or homeowners association a proposal to carry out major repairs at the request of residents;
control over violation by homeowners and tenants of the interests of neighbors and the rules for the use of common property of apartment buildings;
participation in the preparation of acts of acceptance of performed services and monitoring the activities of the management company (HOA);
gathering of a general meeting of residents of an apartment building.

informing citizens living in the house about certain situations (for example, emergency);
explaining to the residents of the house their rights and responsibilities related to the use of common property;
control over the cleaning of the local area and premises inside an apartment building (that is, staircases, corridors, entrance, elevator, etc.);
control over the maintenance and operation of common property;
compliance with fire safety rules and sanitary standards inside the apartment building;
control over the timely implementation of repair work (including planned major repairs);
correction of violations related to the operation of the common property of apartment buildings;
storage of keys to office premises in the building, starting mechanisms, emergency exits and electrical panels;
control over the implementation of planned and unscheduled preventive and other measures;
registration and storage of minutes of general building meetings, appeals from residents of the house and other important documentation;
providing assistance to law enforcement agencies, fire departments and other authorities if necessary.

Where to complain about the elder in the house

Sometimes cases occur when citizens of an apartment building they own remain dissatisfied with the actions of the elected chairman of the council. In this case, the question arises - what to do with the violator and where can you complain about him?

So, if the residents are not satisfied with the house manager because he cannot cope with his duties, then the fastest solution to the problem is to re-elect a new chairman (this has already been written above).

Remember that if the actions of the “main” are criminal in nature (unauthorized spending of common funds, theft of joint property, entering into illegal transactions, etc.), then you should complain to the competent authorities - the police.

The following options are possible:

writing a statement to the police;
filing a written complaint to the prosecutor's office;
initiation of legal proceedings. In this case, it will be necessary to prepare a statement of claim and a package of documents confirming the illegality of the actions of the elder in the house.

An application, complaint, or lawsuit can be of a collective nature (samples of these documents can be downloaded from the Internet or you can entrust their preparation to a competent lawyer). Moreover, the above-mentioned option of filing claims is preferable, since in this case the chances of winning for the residents of the apartment building increase significantly.

How to Find a House Elder in Moscow

This is the oldest and very popular form of management, moreover, in some cases it is the only possible one. For example, in rural areas, where low-rise buildings predominate, apartment buildings include 16-20 apartments. Creating an HOA there is not profitable, and there are simply no management companies. Direct management, in turn, is economically attractive - there is no need to pay fees to the HOA and pay for the activities of the management company.

Direct management is a method of managing an apartment building in which its maintenance, repairs and other work are carried out on the basis of civil contracts. One side is the organizations providing housing and communal services or repair services, and the second is the apartment owners. In addition, residents independently enter into contracts for cold and hot water supply, sewerage, electricity, gas, garbage removal, etc.

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How to elect or re-elect

The election of a house elder is made on the basis of a joint decision of all owners of the apartment building. To do this, a general meeting of residents must be convened, at which the future chairman of the house committee is subsequently elected.

So, in accordance with paragraph 3 of Art. 45 of the RF Housing Code, in order for such a meeting to be valid, a quorum must be obtained, that is, the minimum permissible number of votes, on the basis of which a decision can be made regarding a candidacy for the position of senior. According to the current procedure, this is possible when apartment owners with more than 50% of the votes of their total number take part in the voting.

The decision made is documented in the appropriate protocol and brought to the attention of all residents of the apartment building.

It is worth noting that any apartment owner can become a house elder. However, as a rule, active and proactive individuals who are ready to take on additional responsibility are selected for this position.

It is also worth noting that sometimes apartment owners are faced with the need for re-election. This may happen in the following cases:

if he does not perform his duties properly;
violates the rights and interests of owners of apartment buildings;
abuses his position;
if residents regularly complain that he is rude and behaves provocatively;
other reasons.

A chairman who fails to perform his main functions can be re-elected based on a decision of the general meeting of apartment owners.

Rights and responsibilities of the elder in the house or entrance

e) explaining to residents their rights and responsibilities for the maintenance and operation of residential and non-residential premises, public places, as well as providing addresses of operating organizations where they can contact in the event of emergencies, emergencies and other situations;

a) periodic control over the cleaning of entrances, staircases, elevator cabins and other public places, over the implementation by housing maintenance organizations of work on cleaning, improvement and equipment of local areas, over compliance with sanitary and hygienic, environmental, fire safety and operational requirements, maintenance rules pets;

What are the rights and responsibilities of a house elder: functions, powers and salary

The head of the house has the right to make various proposals regarding repair work and maintenance of common areas. This is the manager of the keys to the basement, attic, technical rooms, and other common areas.
He may request the necessary information from the management company regarding its obligations. If such obligations are not fulfilled properly, the head of the house demands that the violations be corrected.
He can control how funds intended for repairs of common property are used, and takes part in drawing up a report of work performed.
If the residents’ representative is confident in the need for current or major repairs, he sends a proposal for it to the management company and agrees with the company on the timing and scope of work.
He also has every right to become one of the members of the district house committee. House committees operate in Moscow and other cities; they also ensure proper operating conditions for houses and surrounding areas. Each member of the House Committee can become a senior member of the district when the time comes to re-elect the previous one.

As you can see, this person has a huge range of responsibilities, therefore, before becoming the head of the house, you should carefully assess your capabilities. For many, it will also be important how much the representative receives for his activities, whether it is worth taking on a huge burden of responsibility.

How to find out who is the eldest in the house at Moscow address

In general, the salary itself of the head of the house has the right to be, and can be paid from the funds that the residents transfer to the Criminal Code, or it appears as a separate line in the receipts. However, in order for everything to be legal, they had to not just walk through the apartments, but convene a general meeting of apartment building owners, based on the results of which an appropriate decision should have been made (or not made). In your case, if such a meeting did not take place, or it was held with violations, or the required majority was not obtained, then the inclusion of the specified amount is illegal.

House elder

I dug around in the residential complex and didn’t find any mention of a “house/entrance supervisor.” I dug around on the Internet and found “Regulations on elders in the house. “, but they are all administrations of Moscow or St. Petersburg districts. I called the Administration of the Oktyabrsky District (Izhevsk) - they said that there are no separate regulations on “household elders” in the city. Those. everything is determined by the LCD.

not from the tenants, but from the owners, the owners themselves, and all the owners have equal rights, by the way, quite broad, only one form of representation is provided on behalf of other owners by proxy, duly certified; in addition, the management organization in the first quarter of the year following the reporting year submits a report on the work done to the owners There is only one governing body of apartment buildings - this is the general meeting, which, in the presence of a quorum, is authorized to make decisions binding on all owners of apartment buildings and no one else, not the mythical house committee, nor the senior in the house, nor the senior in the basement, nor the senior at the front door, although it also provides for such a form of management of apartment buildings as self-government those. if the management organization has bothered you, you have the right to make a decision on self-government at the OSS, and then indeed the senior person at the entrance will be engaged in cleaning the sewerage in his entrance, and the senior person in the house will probably do this in the basement, that’s why he and the senior because everyone wants to be senior and control there is no cleaning shit, and at the same time, don’t forget that if you start singing in chorus in your apartment and urinating past the toilet, your apartment will be in chaos

Who is a house elder and why is he needed?

It’s worth pointing out right away that in housing legislation it will not be possible to find such a concept as “house manager”, since it has been replaced by another term.

So, in paragraph 1 of Art. 161.1 of the Housing Code of the Russian Federation states that if there is no HOA (residential complex or other specialized cooperative) in an apartment building and there are more than 4 apartments, residents must elect a council (or “house committee” - domkom) of the owners of the apartment building. At the same time, a chairman is elected from among the persons included in this association, who is entrusted with the function of managing the current activities of the council. Popularly, this person is called the chief or senior in the house.

Thus, its main function is to ensure control over the management activities of apartment buildings. At the same time, he is also the official spokesman for the interests and opinions of the owners of apartments in a particular building.

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Pavel: He retired in November. I graduated from the fourth grade of security guard. Got a license and started looking for work as a security guard . Based on advertisements, I called private security companies. There were many job offers. Everywhere I explained that I was a pensioner. In many private security companies this was even welcomed. I got a job guarding a parking lot. The work is shift work, which suits me. A good increase in pension. It’s not a problem for a pensioner to get a job in a private security company. Andrey: My grandmother worked in a coll. center at home. I received about 15,000. It was some kind of beauty center, I had to take calls, record client data and call the boss every week and provide him with these records. She worked there for six months, then when they talked to her about this topic, she said that she was tired. I had to talk a lot. But she admitted that it is more convenient to do this at home, rather than somewhere in the office.

House elder

4.1. The foreman in the house, the foreman at the entrance is exempt from paying for: - housing services (rental fees, payment for housing under a rental agreement, payment for maintenance services); — waste removal within the limits established by the Moscow Government for one residential premises and the social norm for housing area; - for servicing the locking device; — services of an entrance attendant (concierge); 4.1.1. The person in charge of the house, the person in charge of the entrance is exempt from paying for one-time services: Repair of a water tap without removing it from its place: - when changing gaskets - 1 tap; — when stuffing oil seals – 1 tap. Changing the siphon: - installation location of the siphon on a plastic pipeline - 1 siphon. Cleaning and washing of siphons, plumbing fixtures: - cast iron siphon; - plastic or brass - 1 siphon. Replacing a faulty ceiling socket. Replacement of a broken water tap that cannot be repaired – 1 device. 4.2. The decision to provide the above benefits is made by the head of the district government and is documented in an administrative document based on the minutes of the residents’ meeting. 4.3. If the house manager or entrance manager is a full-time employee of a housing organization, then his incentives are provided through an additional monthly salary supplement in the amount of up to 5% of the official salary (or tariff rate) from the payroll fund of this organization. 4.4. The decision to encourage a house supervisor from among the full-time employees of housing organizations is made by the head of the housing organization.

1.1. These Regulations define the legal and organizational basis for the activities of the person in charge of the house (group of houses) and the adjacent local area (hereinafter referred to as the person in charge of the house), the person in charge of the entrance. 1.2. The house foreman, the entrance foreman in their activities are guided by the regulatory legal acts of the city of Moscow, the order of the head of the government and these Regulations. 1.3. The house foreman, the entrance foreman is elected at a general meeting of residents of the house (group of houses) and is authorized to represent the interests of residents in the directorate of the single customer, district administrations, the department of internal affairs and other government organizations on issues of maintenance and safety of the residential building and local area. The results of the meeting are recorded in minutes. 1.4. The house elder, the door elder is elected for a term of 3 years. 1.5. The elder in the house, the elder in the entrance have the right to be elected to the district Council of the Community of the elders in the houses and entrances.

12 Jun 2021 uristlaw 345

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How are salaries determined, who appoints and pays?

In accordance with the provisions of housing legislation, the payment of wages to the senior person in the house is not a mandatory condition. Thus, in paragraph 8.1 of Article 161.1 of the Housing Code of the Russian Federation it is written that the owners of apartments in apartment buildings only have the right to decide on the payment of remuneration in favor of the members of the council, as well as its chairman. However, this is not their direct responsibility.

Thus, wages may not be paid at all. However, there should still be some encouragement and motivation. So, instead of money, additional privileges and benefits may be provided.

The specific option for rewarding work must also be chosen by the general meeting of apartment owners.

Does the management company pay the house manager?

As is already clear from the above, the management company has nothing to do with the remuneration of the senior housekeeper. Making a decision on this issue falls entirely within the competence of the owners of premises in the apartment building.

The funds that will be used to remunerate the work of this official are independently collected by all residents of the house. The legal relations arising in this case can be formalized using a civil law contract.

Size

It is impossible to indicate a specific amount that a senior person in the house can receive, since its amount depends entirely on the wishes of the owners of the house.

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In accordance with clause 8.1 of Art. 161.1 of the Housing Code of the Russian Federation, the decision of the meeting of owners of apartments in apartment buildings on the payment of remuneration in favor of the chairman must include the procedure and conditions for its provision, as well as a detailed algorithm for determining its size.

The current legislation does not contain any tariff rates on the basis of which the approximate amount of remuneration can be calculated. At the same time, when making such a decision, the degree of workload, the scale of issues that must be resolved, the work schedule, etc. are taken into account.

Privileges

An alternative to paying a monetary reward may be to provide the eldest person in the house with discounts on utility bills. Thus, by decision of the meeting of owners of an apartment building, this person can receive receipts for payment of housing and communal services (for water, gas, electricity, heating, etc.) at a reduced cost.

This format for providing remuneration must also be officially recorded on paper, which includes information about what types of utility payments the discount applies to, how it is calculated and other important points.