Responsibilities of the board of the condominium association of an apartment building. Responsibilities of the chairman of the homeowners' association, or house management institute. The chairman must be able

HOA; management of an apartment building or concluding relevant agreements, including for the maintenance, operation and repair of common property in an apartment building. The chairman of the board of the HOA ensures the implementation of the decisions of the board, has the right to give instructions and orders to all officials of the HOA, the execution of which is mandatory for these persons. The chairman of the board of the partnership acts without a power of attorney on behalf of the partnership, signs payment documents and makes transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval of the board of the partnership or the general meeting of members of the partnership; develops and submits for approval to the general meeting of members of the partnership the internal regulations of the partnership in relation to employees whose responsibilities include servicing an apartment building, and regulations on remuneration for their labor.

Administrative liability of the homeowners' association for failure to comply with the writ of execution

DD.MM.YYYY N (...) in the amount of 10,000 rubles. Thus, the above offenses were committed by the defendant in circumstances aggravating responsibility for an administrative offense, namely: “continuation of illegal behavior, despite the demand of authorized persons to stop it; repeated commission of a homogeneous offense within a year, for which the person has already been subject to administrative penalties,” that is, the defendant did not take appropriate measures to eliminate her offenses, which further aggravated the liability and increased the direct damage caused to the HOA. The court, after listening to the participants in the process, examined the materials case, considers the claim to be unfounded and not subject to satisfaction on the following grounds. By virtue of Article 277 of the Labor Code of the Russian Federation, the head of the organization bears full financial liability for direct actual damage caused to the organization.

What is the homeowners association responsible for?

A homeowners' association is actually a form of self-government. That is, the initiators of its creation, participants and the main governing body will be the owners of premises in an apartment building (residential and non-residential).

• management of common property of the house;
• its operation;
• maintenance and repair.

For residents participating in the partnership, this is expressed in the uninterrupted supply of light, water and other resources to their apartments, timely repair of common areas and equipment, arrangement of the area around the house, etc.

Responsibility of TSZH (homeowners' association) in Russia

Also, civil law provides for the liability of the HOA for failure to fulfill its obligations and for damage caused by actions or inaction. In particular for:

• provision of services of inadequate quality;
• harm caused to life and health if it arose due to citizens not receiving complete information about services or their poor quality;
• losses incurred by service recipients as a result of violation of their rights, including due to the inclusion of relevant conditions in the contract;
• moral damage caused by the above-mentioned violations of rights.

Administrative and criminal Administrative liability arises for legal entities if they violate the rules established by the state in regulations, not contracts.
HOAs are no exception to this rule.

Responsibility of the homeowners association for debts and property

Responsibility of the homeowners association for debts and for property Depending on the area or area in which the excess of authority on the part of the homeowners association occurred, lawyers subdivide several types of liability:

• Before the participants of the partnership, that is, before the owners of housing in an apartment building and before the rest of the employees.
• To other owners of the apartment (meaning that members of the HOA are responsible to those citizens who are also owners, but are not members of the HOA).
• To utility service providers. Utility providers often deal with debtors due to tenants not paying their bills. However, the responsibility for such nonpayment and debts rests directly with the homeowners' association members.

Bringing the chairman of the board of the homeowners association to administrative responsibility

Attention

Liability to suppliers is regulated by civil law. According to them, a legal entity is responsible for its debts with all its property.

Community "housing and communal services: open platform"

The requirements are motivated by the fact that from DD.MM.YYYY to DD.MM.YYYY the defendant held the position of (..) HOA (...), during the specified period, through the fault of the defendant, fines were imposed on the HOA (...) as a legal entity: 1. A fine of 10,000 rubles for an offense under Article 14.7 of the Code of Administrative Offenses of the Russian Federation (Rospotrebnadzor resolution dated DD.MM.YYYY) - consumer fraud, paid by payment order No. (...) dated DD.MM.YYYY in the amount of 10,000 rubles.

2. A fine of 10,000 rubles for an offense under Article 14.7 of the Code of Administrative Offenses of the Russian Federation (resolution of the magistrate of judicial district No. 140 No. 5-01/2012-140 dated DD.MM.YYYY) - consumer deception, paid by payment order No. ( ...) from DD.MM.YYYY in the amount of 10,000 rubles. 3.

Consulting housing and communal services/homeowners' associations/residential property management

HOA) for committing administrative offenses provided for in Part 1 of Article 19.5, Article 14.7, Part 1 of Article 14.8, Article 6.4 of the Code of Administrative Offenses of the Russian Federation. Since the administrative offenses for which the plaintiff was held administratively liable arise from the powers of the HOA board, the defendant as an employee The HOA was not brought to administrative liability, then the claim in this part cannot be satisfied.” In the given Decision, the court made an absolutely correct conclusion, according to which the chairman of the HOA, as the head of the organization, was not brought to administrative responsibility (as an official), but only the HOA as a legal entity. person, and therefore former manager does not bear financial responsibility in this case.

Responsibility of the former chairman of the homeowners association as a leader (Kuzmak r.)

Important

A fine of 10,000 rubles for an offense under Article 14.7 of the Code of Administrative Offenses of the Russian Federation (Rospotrebnadzor resolution dated DD.MM.YYYY) - consumer fraud, paid by payment order No. (...) dated DD.MM.YYYY in the amount of 10,000 rubles. Thus, the above offenses were committed by the defendant in circumstances aggravating responsibility for an administrative offense, namely: “continuation of illegal behavior, despite the demand of authorized persons to stop it; repeated commission of a homogeneous offense within a year, for which the person has already been subject to administrative penalties,” that is, the defendant did not take proper measures to eliminate her offenses, which further aggravated the liability and increased the direct damage caused to the HOA.

Responsibility of the former chairman of the homeowners association as a leader

An administrative offense (offense) is an unlawful, guilty action (inaction), for which, in accordance with the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses, administrative liability is provided. According to Article 22.1 of the Code of Administrative Offenses of the Russian Federation, cases of administrative offenses provided for by this code are considered within the competence established by law, including by judges (magistrates); federal authorities executive power, their institutions, structural divisions and territorial bodies, as well as other government agencies, authorized to do so based on the tasks and functions assigned to them by federal laws or regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation.

Therefore, when choosing management organization residents and legal owners of premises want to trust a person who can maintain in good condition in every possible way, and also improve the situation.

But often this becomes impossible due to the wrong choice of the top management.

Every organization led by people, who in one way or another monitor the condition of the building, give orders and primarily decide what is best to spend budget funds on, what kind of work to carry out, and so on.

Unfortunately, there are not always people at the head of management organizations who are ready perform one's duties conscientiously.

Often, many people come to work in the housing sector with one banal goal - to profit from gullible owners and try to penetrate the structure of their budget.

In order to prevent such incidents and unpleasant situations from happening to you, you need to know what functions should fall on the shoulders of homeowners, how they should perform their functions, and also what is included in their area of ​​responsibility.

The rights and obligations of the HOA according to the housing code - let's deal with these important and topical issues In this article.

Read about the pros and cons of HOAs.

On what basis does the board act?

Let's look at conceptual questions. and why, within the framework of this article, we are talking about such a management organization. Let's clarify this issue.

The homeowners association is non-profit organization, which, in addition, is an organization that is a full-fledged taxpayer and carries out the functions of improvement, maintenance and management .

Partnership most popular when initially choosing a management organization, and there are a number of reasons for this. One of the most popular reasons for choosing and forming this organization is the opportunity for residents to independently form its composition.

What laws govern it?

Responsibilities to residents

Members of the board of the partnership, as well as founders and other employees of this organization have statutory, namely labor code list of duties that residents are required to perform Let us remind you that failure to fulfill duties can cost members of management not only, but also penalties and other, not the most pleasant things.

Let's consider main responsibilities of board members and other HOA employees:

Read about the responsibilities of the HOA manager.

How are controversial issues resolved?

If among the members of partnerships and their employees there appear controversial issues, then these issues should be submitted to a meeting of residents, or as it is called, a meeting and decided by voting.

This rule is not established by law, but is certainly reflected in the charter of the partnership.

You can learn how to write a statement to the HOA about leaks, flooding, or the need for repairs and recalculation from.

What rights and powers do they have?

Board and founders

The board of the partnership and its founders are officials who, in addition to wide range duties have the same range of rights.

Let's look at those the rights that these subjects have:

1. They have the right to decide on the expenditure of budget funds for the needs of the house and its maintenance.
2. Conclude agreements for the maintenance and management of an apartment building.
3. Determine estimates of income and expenses based on the budget.
4. Take advantage of credit offers within the organization provided by banks.
5. Transmit cash for the work performed by employees.
6. Receive rewards for work done.
7. Conclude deals for actions required in .
8. Use common property.
9. Modify common property as part of the management of an apartment building.

Members

Let's consider the legal status of the members of the partnership, which is determined by the labor code:

1. These persons have the right to receive timely and comprehensive information about the activities of the partnership and the expenditure of budget funds.
2. They have the right to make demands on the partnership regarding the quality or other aspects of the services provided.
3. They have the right to get acquainted with documents, including accounting.
4. They have the right to independently organize general meetings of homeowners to discuss issues of concern.
5. They have the right to demand changes to the organization’s charter.

Responsibility for failure to comply

Of course, for failure to fulfill their duties, both members of the board and other members of the homeowners association have and bear responsibility. It is spelled out both in the charter and in the housing maintenance agreement with the partnership.

Liability may include penalties, such as the return of remuneration. Also, board members can quite legally be re-elected due to the fact that confidence in them has been lost.

You can find out about the HOA in front of the owners, as well as how to work in the HOA and in what cases it may be required on our website.

One way or another, but also in court against members of the board you can collect money, if the illegality of their actions is indeed proven.

There are many measures to take against dishonest board members. Additionally, homeowners in an apartment building can establish other enforcement measures when forming the charter or at the time when the clauses of the contract for the provision of services are discussed.

Members of the board, founders and other employees of the homeowners association must pursue one single goal with all their activities - it is in their interests to do everything to you were the one who was happy with the condition of your home so that residents feel comfortable and aesthetically pleasing in the house.

If the funds are handed over regularly and no work is being done, then this is a sign that it is necessary to install question of performance efficiency of this board.

Residents always retain the right to re-election and a decisive vote in the event of certain violations.

It’s a pity that not all homeowners in apartment buildings of our country know about their expanded powers and know how to use them correctly.

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), as well as the Charter of this legal entity. What does the HOA have the right to? The Partnership has the right:

• charge residents for accommodation;
• apply measures provided for debtors in accordance with the law;
• sign agreements with third parties for technical work;
• carry out maintenance work independently;
• make a decision on the reorganization or liquidation of a person, creation;
• liquidation commission;
• make changes to the company's Charter;
• determine the directions of financial flows;
• draw up an annual property maintenance plan;
• approve estimates;
• approve annual reports on maintenance and repairs;
• adopt and amend internal regulations in accordance with the chairman’s comments;
• receive and consider complaints from residents and respond to them;
• determine the amount of remuneration for members of a legal entity;
• calculate the budget;
• pay for the services of legal entities under the contract;
• take bank loans and use them.

What other powers exist?

If this does not affect the rights and freedoms of apartment owners provided for by law, the partnership has the right to:

1. rental of premises;
2. superstructure or reconstruction of structures;
3. setting the amount of contributions;
4. concluding transactions in the interests of the organization;
5. obtaining a share in real estate;
6. carry out development of the adjacent territory in the interests of the organization, if this does not contradict the law.

If the resident debtors do not eliminate the violations committed, do not repay the debt, that is, they do not understand what is called “good”, the HOA may initiate legal proceedings against them. Also, through the court, it can demand full compensation for losses, if any, from users of the premises.

Information about the responsibilities of the partnership

Any apartment owner can become a member of the HOA that manages this building if he submits the appropriate application. He is also free to leave the ranks of this organization. Thus, he can become a member of the General Meeting, then the Management Board of the partnership, and in case of successful work, active citizenship and with the well-deserved trust of residents - the Chairman of the partnership.

In particular, any citizen included in the HOA can:

1. take part in the work of the organization;
2. dispose of your property solely at your own discretion;
3. use common property;
4. respond to the work of the HOA, express ideas, rational proposals;
5. be nominated to the board of the partnership, to the post of chairman, or to the audit commission.

And now about ordinary apartment residents.

Any owner of square meters in a given house, no matter whether he is a member of the owners’ association or not, has the right to:

• familiarization with the documentation and the Charter, as well as with the results of activities;
• participate in the life of the house through the General Meeting;
• filing complaints about the quality of the organization’s work;
• freedom from paying membership fees.

Any member of the partnership is obliged in the course of work:

The last point requires special explanation. Where there are special rights, there will be increased requirements. This means that in addition to privileges, the status of a member of an owners’ association also means inevitable responsibility.

That is, for:

1. non-payment or irregular payment of contributions;
2. negligence in the form of concealment or untimely communication of important information to the partnership, as well as in the form of failure to meet deadlines to the organization;
3. meetings (for example, someone decided to convene a meeting, but warned management about this later than the minimum ten days;
4. disclosure of private information of the partnership;
5. behavior that is contrary to the legislation of the Russian Federation or the Charter of the organization.

Conclusion

Any tenant of the house, even if he is not a member of the governing body, is obliged to pay for accommodation and contributions for major repairs on time, fulfill his duties in accordance with the contract, and also treat the common property with care and keep it in order. This obligation does not arise from belonging to a particular organization, but from Article 153 of the LC.

A citizen has the right to become a member (and perhaps, over time, head) an HOA. This is quite feasible, you just need to submit an application - the rules for admission can be found through the organization’s charter. He will have more rights to manage the house, but his responsibility will also increase.

Any legal entity, which can safely include an owners’ partnership, has both rights and obligations.

Sources of information about the responsibilities of partnership participants, members of its board and chairman are reflected in the Housing Code of the Russian Federation.

In addition to laws and by-laws, the Charter of the partnership contains information about the requirements for the activities of the HOA. In this document, even at the formation stage, homeowners can reflect all the nuances that require special attention.

In accordance with Article 138 of the Housing Code of the Russian Federation, the homeowners association is obliged to:

1. ensure proper condition of common property;
2. monitor compliance with the rights and obligations of homeowners;
3. represent the legitimate interests of owners, etc.

REFERENCE: In other words, the activities of the HOA should be aimed at representing the interests of homeowners, respecting their rights and managing joint property.

To achieve the goals specified in the Charter, the partnership may engage in economic activity.

Should a partnership have a cash register?

It is worth considering that we are talking about non-profit organization, the purpose of which is the joint management of an apartment building, ensuring the safety of joint property and carrying out activities on behalf of the homeowners.

From this formulation it becomes clear that funds received by the HOA from residents and owners in the form of contributions are not revenue.

In other words, the HOA is not an independent organization, but acts only in the interests of homeowners (concludes an agreement to provide a home utilities, maintenance and carrying out current or major repairs, etc.).

ATTENTION: Based on this, use in the Partnership cash register equipment is not prerequisite to carry out this activity.

This point of view is shared by representatives of the Tax and Judicial authorities.

What are the responsibilities of the board?

This issue is addressed in Article 148 of the RF Housing Code. The governing body of the HOA is elected by general meeting from among other owners. Representatives of the board have responsibilities to the other participants of the partnership and inspection bodies.

These include:

IMPORTANT: The governing body assumes responsibility for observing the rights of owners within the framework of the laws of the Russian Federation, and also strives to improve the living conditions of all participants.

The results of the work are discussed annually at a meeting of the partnership, at which the powers of the management team can be continued. In the event of termination of the activities of the previous chairman and members of the board, the election of a new governing body is required.

Liability for theft on the territory of the partnership

It is established at the legislative level that HOAs are legal entities, which means liability for various offenses occurs both for members of the board and for the participants of the partnership themselves.

The HOA is responsible for the inaction of third parties resulting in damage or loss of property.

The inability to influence circumstances is not acceptable.

In the event of theft of property belonging to society, individual homeowners or third parties, criminal liability arises. By fencing off the territory around the subordinate house, the partnership thereby bears financial responsibility for the offenses that occurred on it.

ATTENTION: Only the presence of force majeure circumstances, such as a natural disaster, is a reason for limiting liability.

Any damage to property, including theft, must be fully compensated to the victim by the partnership.

What to do if the HOA does not fulfill its responsibilities?

The Housing and Civil Codes make no reference to the responsibility borne by HOA representatives, board members or the chairman. However, this does not mean that they cannot be held accountable if violations of the law are discovered.

When creating an HOA, a charter is formed, which must contain the clause “in accordance with the current legislation of the Russian Federation.” This means that all participants in the HOA, including representatives of the board and the chairman, may be punished if it is proven:

IMPORTANT: Primary control of the activities of the HOA should be carried out by the residents themselves.

If it is not possible to resolve disagreements in the management of common property, then residents can elect a new chairman at the next meeting or go to court to resolve the conflict situation.

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