It is completely unusual for people to show interest in the issues of their home. Ordinary residents of a high-rise building begin to become interested in such matters when a problem occurs in the building (water shortages, cold radiators, littered floors).
To correct the established approach and involve residents in the intricate process, the legislation introduced such a wonderful mechanism as the Apartment Building Council.
Housing and communal services infographics © 2021, Law Firm "Prosto-Pravo"
Residents often do not know that they bear the entire burden of responsibility for maintaining their shelter in proper condition. If you don’t take care of the building, then after a while you will really want to move to another, and for this reason, we are obliged to create an administration in our home.
1.MKD Council
If we define it broadly, then these are several people whom residents have entrusted to speak on their behalf and convey their aspirations to the Management Company. This voluntary association is created primarily so that people can try themselves in a new capacity - a kind of manager of local significance.
This mechanism can be created in a building in which the number of apartments starts from five. If the residents became so friendly that they created an Association of Owners of their home, then there is no need to create it. But in case there is no HOA, the norms of the Housing Code require us to choose a Council. If you don’t get around to doing this within a year, then the matter will take an unpleasant turn - the local authorities will take care of this, which does not take into account anyone’s interests, and will simply oblige them to get together and choose.
This option of self-government can only be chosen at the General Meeting. Naturally, only the owners themselves can enter it. They decide how many people will enter it. Initially, the period of operation of this team is set as two years, but it can be changed. If the term expires, he is re-elected. If the term has not yet expired, and it is already clear to people that you can’t cook porridge with their managers, then early re-election is possible.
If the MKD Council was initially elected, and then a decision was made to elect a Homeowners Association, then the first one ceases to operate from the moment the board starts working. The law stipulates that such a management structure can exist strictly within the framework of one building.
The MKD Council is not a legal entity. It turns out that you don’t have to pay a fee, open accounts, don’t need a seal, no official reporting, no taxes, nothing on your balance sheet, you don’t even need to register anywhere. But this instrument of self-government is endowed with powers, and they are indicated in a document called a regulation.
The described collective management instrument is a guarantor of execution of the decision of the General Meeting. At the meeting, he puts forward ideas for consideration by residents regarding the effective use of common property, work on its maintenance and timely repairs, and also holds an answer to his work.
Note:
Certain aspects of management, due to their complexity, may require the creation of special commissions. For example, if there are those interested, you can elect an audit commission that will check how wisely the money is spent.
Procedure for electing the Council of Ministers
Since the MKD council is an elected body, to create it it is necessary to hold elections in which owners who can cope with the management work will be identified.
The decision is considered adopted if more than half of the owners of the premises appear at the general meeting of residents, and 50 percent of them approve the submitted candidates. Please note that voting can also be organized in absentia.
This procedure for the formation of an organ is defined in Art. 161.1 Housing Code of the Russian Federation. Such elections are not held if the house already has an HOA or housing cooperative.
At the general meeting the number of members of the Board of Directors is determined. The chairman of the council of an apartment building is selected from among its members.
Although registration of SMD with local governments is not required, municipalities monitor the fulfillment by residents of the obligation to create it.
Chairman of the Council of MKD
For guidance and proper coordination, there is the position of Chairman. The said leader is elected only from among those included in the Council. He studies various Management Organizations to see if their conditions are acceptable for his box. He expresses his views to the citizens, and all that remains is for the last to simply vote for a specific educational institution. Having secured the consent of his fellow residents, he enters into an agreement with the Management Company, which begins to maintain our anthill. The chairman carefully monitors the effectiveness of the management committee. Signs acceptance certificates and violations of the frequency of services (garbage collection not on time). And if it functions exclusively on paper, then it is his duty to bombard the power structures with slander, denunciations, and anonymous letters.
Litigation that arises in the housing and communal services sector is a frequent occurrence, and if our friend is legally savvy, he can act in court by proxy from the residents.
Performing the duties described is not easy and time-consuming, so monetary compensation is permitted. It’s not a fact that you will have to take it out of your pocket; let’s say, some of the premises are rented out, and the incentive is paid from the proceeds from the rental.
What is described above is an interesting attempt by the legislator to captivate the inactive people with a personal solution to the problems of their monastery. The main objectives of this management association are seen as helping the population to exercise their rights in regulating housing and communal services problems; simplification of interaction between owners and the Management Company; promoting collective decision-making on common issues.
Key responsibilities of the board
The Council has the following responsibilities:
- ensure the implementation of decisions made by residents;
- monitor compliance with the terms of contracts concluded with the house;
- monitor the quality of services provided to apartment buildings by third-party organizations;
- monitor the work of the management company;
- submit a report on its activities for approval at the annual general meeting of owners.
Since solving these problems requires time and effort, the decision of the general meeting often sets the payment of the council - a monetary reward for the work done.
Peculiarities of electing the composition of the MKD council
The composition of the future council should be determined during the next (including planned) OSS. The current legislation does not provide for other options. The election procedure is carried out according to the same algorithm by which the next OSS is assembled. Accordingly, the step-by-step instructions are the same in both cases.
Election procedure
The election process begins with the initiation of this procedure. Every owner of an apartment in the building has the right to make such a proposal. The initiator is obliged to determine the list of persons who will subsequently join the council. A chairman is subsequently selected from this group of people. Also, the specified person develops a list of issues that the OSS participants will consider.
The initiator (or an initiative group, if one has been previously formed) is obliged ten days (no later) before the appointed date of the general meeting to notify each apartment owner about the imminent holding of the general meeting. Residents must be given the appropriate notice by sending the document by registered mail.
Attention: a number of federal laws determine that residents of a building have the right to choose a different method of notification at a general meeting. In particular, the Federal Law does not prohibit informing citizens by posting relevant notices on boards.
At the general meeting, complaints about the number of council members are considered, and the competence of the latter is determined. Moreover, as the norms of housing legislation indicate, this body does not have the right to make final decisions regarding the management of the house. That is, board members can make recommendations on such issues. However, decisions made by this body have no legal force. Residents, like third-party organizations such as management companies, have the right not to follow these recommendations.
Voting rules
The composition, number and responsibility of future members of the MKD council are determined at the general meeting. This procedure is carried out in full-time, part-time or part-time.
The latter determines the voting rules. If an in-person OCC is selected, then a quorum will be required to select the composition of the council. The latter is calculated based on the number of residents and the area of the apartments they own. Members of the advisory body are elected by a large number of votes.
Attention: only the owners of the premises have the right to participate in the general meeting. Outside parties may visit the OSS as observers.
The absentee form is convenient because a quorum is not required for voting and electing an advisory body. This option involves conducting a survey of residents of the house on issues included on the agenda of the OSS. This is how the MKD council is elected.
The last form of meeting is considered the most convenient. This option combines the advantages of the previous ones. First, a meeting is held at which the owners vote on the future composition of the advisory body. Then, within ten days, the initiators of the OSS hand over the questionnaires to the absent apartment owners. This document reflects the same issues that were discussed at the last meeting.
Regardless of the chosen form of the OSS, after the discussion, the voting results are recorded in the minutes, which are signed by the chairman and secretary (if the latter is selected). This document is submitted within 5 days to the management company. After the election of the MKD council, the Charter and regulations on this advisory body are drawn up.
Attention: the chairman of the OSS is obliged to notify all owners of the voting results within 10 days. The minutes of the meeting must be available to residents of the building.
Within the framework of the OSS, it is also possible to elect the chairman of the MKD council. To do this, it is necessary to obtain at least 75% of the votes from the total composition of the meeting. The re-election of this composition is carried out according to a similar scenario.
Chairman's rights
If an agreement has not been concluded with another organization for the management of the house, the chairman in relation to the partnership is an official with labor relations.
There are cases when, even if there is an agreement, part of the management functions remains with the partnership. Then the labor function of the chairman is determined. To conclude an employment contract, you must register in the Unified Register of Legal Entities.
The rights of the chairman include the selection of personnel to carry out repair work and approval at the meeting, entry into housing in the absence of owners in the event of an emergency, but only with the consent of the homeowners.
Additional rights and powers include the management of funds for the purchase of office supplies and payment of registration fees.
Also, the chairman’s activities may include selecting contractors, preparing and issuing established documents to owners, filing lawsuits in court if residents fail to fulfill their obligations or systematically violate public order.
The Chairman may not pay for any services not approved by the board meeting. Entering the apartments of the owners without their consent is regarded as a gross criminal violation.
MKD personal account
A special account into which cash contributions collected for capital repairs of the building are received and stored. It can only be opened by a person in whose name a power of attorney has been issued on behalf of all owners of the residential property. Their decision must be recorded in the minutes of the Meeting.
You can open an account in one of three ways:
- through the Criminal Code (Article 36.1 of the RF Housing Code);
- through a regional operator (Article 180 of the RF Housing Code);
- on one's own.
In the first option, an employee of the management company, in whose name a power of attorney has been issued on behalf of all owners of the apartment building, performs actions, reports and monitors the status of the current account. In this case, the decision of the owners after the Meeting is recorded and handed over to the trustee.
In the second case, the owners pay money to the selected regional operator, which has its own separate account for each house. In case of major repairs, he uses the accumulated funds.
If the owners of residential property MKD do not entrust their funds to the management company or RO, then they have the right to choose a representative from among themselves, empower him, and open a bank account in his name.
All actions are recorded in the minutes after the Meeting and a power of attorney is issued to the accountable person from all owners.
