Board of the HOA: election of members and chairman, rights and obligations, holding meetings (sessions), keeping minutes and reports.

Article 147

• checked today
• code dated 12.01.2019
• entered into force on 01.03.2005

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Compare with the version of the article dated 03/01/2005

The management of the activities of the association of homeowners is carried out by the board of the association. The board of the association of homeowners has the right to make decisions on all issues of the activity of the association, with the exception of issues referred to the exclusive competence of the general meeting of owners of premises in an apartment building and the competence of the general meeting of members of the association of homeowners.

The board of the association of homeowners is elected from among the members of the association by the general meeting of the members of the association for a period established by the charter of the association, but not more than for two years.

The board of the association of homeowners elects the chairman of the association from among its members, if the election of the chairman of the association is not referred to the competence of the general meeting of members of the association by the charter of the association.

A member of the board of a homeowners association cannot be a person with whom the association has entered into an agreement on the management of an apartment building, or a person holding a position in the management bodies of the organization with which the association has concluded the said agreement, as well as a member of the audit commission (auditor) of the association. A member of the board of an association of homeowners cannot combine his activities on the board of the association with work in the association under an employment contract, as well as entrust, trust another person or otherwise entrust him with the performance of his duties as a member of the board of the association.

The board of the association of homeowners is the executive body of the association, accountable to the general meeting of members of the association.

The meeting of the board of the association of homeowners is convened by the chairman within the time limits established by the charter of the association.

The board of an association of homeowners is competent to make decisions if at least fifty percent of the total number of members of the board of the association is present at the meeting of the board of the association. Decisions of the board of the partnership are made by a simple majority of votes of the total number of votes of the members of the board present at the meeting, unless a larger number of votes for making such decisions is provided for by the charter of the partnership. The decisions taken by the board of the partnership are documented in the minutes of the meeting of the board of the partnership and signed by the chairman of the board of the partnership, the secretary of the meeting of the board of the partnership.

In order for the house to be managed professionally by the owners of the premises, it is necessary at the general meeting to approach the choice of board members not formally, but to clearly understand their role in the management of an apartment building. To do this, it is necessary to develop and approve at the general meeting the Regulations on the Board of the HOA. This will help to use human resources more competently. Select active and enterprising people to the board of the HOA, preferably specialists who are familiar with the rules for the operation and maintenance of buildings.

The board of the partnership has the right to make decisions on all issues of the partnership, with the exception of issues referred to the exclusive competence of the general meeting of owners of the premises of an apartment building, members of the partnership (clause 1, article 147 of the RF LC)

The Board is the executive body of the association, accountable to the general meeting of members of the association of homeowners. The board of the association of homeowners is elected from among the members of the association at the general meeting of members of the HOA. The number of members of the board is established by the general meeting of members of the HOA. If the number of members of the partnership is small (for example, up to twenty owners), then the Board may not be elected, its function will be performed by the General Meeting of the partnership. It also elects the Chairman of the board of the association.

Members of the partnership delegate to the Board their right to develop a policy for the management and maintenance of property in common ownership, leaving the general meeting the right to decide strategic issues of the partnership. The board of the partnership assumes the burden of the current work on the management of the HOA. It conducts daily operational work of the partnership, manages its property and funds. Members of the Management Board are obliged to act in the interests of the majority of owners, and are responsible to them for their actions and decisions.

The term and procedure for convening meetings of the board of the HOA should be determined in the Charter of the partnership. The authority to convene the board is vested in its chairman.

Clause 6 of Article 145 of the LC RF established a quorum for recognizing the board meeting as competent. This quorum is more than half of the board members.

Board members of the HOA are elected for a two-year term. Candidates for election to the board may be proposed by any owner, member of the partnership at least 10 days before the general meeting. The list of candidates for the board is submitted as a draft 10 days before the meeting in the materials prepared by the board for the reporting and election meeting.

Quite often, questions of this order are asked: “Can tenants who are not the owners of the premises, but are their relatives, be elected to the Board of the HOA?” No, they can't. Without being the owner, you cannot be a member of the partnership, and, consequently, you cannot be elected to the board of the HOA.

Representatives from each entrance (one person from each entrance) can be elected as members of the board of the partnership, and then the number of members of the Board will be equal to the number of entrances in the house. If the house has non-residential premises owned by legal entities and individuals, then representatives of this category of non-residential premises may also be elected to the Board.

The procedure for electing members of the board is determined by the charter of the partnership, it also determines the term and procedure for terminating the activities of members of the board. When creating the board, the general meeting of the partnership must obtain the consent of candidates for members of the board of the partnership. Voting should be carried out personally, and not by a list, as is often the case. The board at its first meeting (not later than 10 days after the general meeting) elects the chairman of the board of the HOA from among its members.

The general meeting of the members of the partnership can set the amount of remuneration to the members of the board, since we are all in market relations and any work must be paid. But only the owners themselves can decide this, realizing that their payments will increase from additional payments.

The general meeting of members of the HOA at any time has the right to terminate the activities of any member of the board or the entire board and elect a new board. And this should be provided for in the charter of the partnership. The quantitative composition of the board members can be determined in the charter of the HOA and should depend on the number of members of the partnership in the apartment building. In case of early departure of all members of the board from the board, the board in full force is re-elected by the general meeting of members of the HOA for a new term.

In case of early departure of a member (members) of the board, the issue of by-elections to the board of the HOA must be submitted to the general meeting of members of the partnership. Elected (or temporarily appointed by the board, if there is little time left before the reporting and election meeting), thus, a member of the board remains in office until the expiration of the term of the board member he replaced.

According to the legislative act, the HOA is an association of a non-profit type, whose members are the owners of the residential areas of the building created for the purpose of managing this house, namely, organizing the operation of all communication networks of the residential complex and maintaining it in an acceptable condition.

The main purpose of creation of such a society lies in the fact that the tenants could independently manage the money paid for communal services and for the maintenance of housing.

After building a house and putting it into operation, apartment owners can jointly choose one of three options, which are determined by the legislative framework:

1. Management of the building by the owners of dwellings.
2. Implementation of managerial functions of the HOA or housing cooperative.
3. Management is taken over by a specialized management company.

The decision to choose one of HOA forms of government adopted at a meeting of all owners of residential space in a particular building.

The board is considered to be the highest body of the partnership. Its powers, functions and duties are spelled out in the charter. The statute also specifies the dates for the meetings. Each meeting is recorded by a special protocol, which is signed by each participant at the end of the meeting.

The procedure for electing the board of the HOA

The election of the governing body takes place at a general meeting of apartment owners from among those citizens who are members of the partnership. Candidates are announced in ten days before the meeting. The election of the board of the HOA is considered valid only when more than 50% voted for a particular candidate.

The term for holding this position is prescribed in the charter of the HOA, however cannot exceed two years. Every two years, re-elections to the executive body are held and members of the former board of the HOA can be re-elected to this position.

Who can not be a member of the board of the HOA?

Chairman of the board of the HOA

Association leader or chairman is elected by the members of the board and is the person responsible for all actions performed by the board of the HOA and the organization itself as a whole. The term of office of the chairman is also calculated two years. This position is paid.

Rights and obligations of the head are expressed as follows:

1. The chairman has the right to act on behalf of the HOA without a trust document.
2. The head of the company can sign payment and financial documents, as well as make various transactions, in accordance with the charter of the partnership.
3. The chairman is obliged to develop and acquaint all participants of the organization with various projects.
4. The head determines the level of remuneration of employees.

Responsibilities of the board of directors

IN Articles 138 and 148 of the LC RF spelled out, which are as follows:

1. Compliance with all legislative norms and provisions set forth in the charter of the organization.
2. Hiring and firing workers to perform specific household chores.
3. Implementation of control over the receipt of obligatory payments and contributions to the cashier's office of the HOA.
4. Performing the functions of office work and accounting of the partnership.
5. The conclusion of various agreements, as well as the preparation of estimates, reports.
6. Ensuring the proper sanitary and hygienic and technical condition of the house and all property.
7. Protection of property rights and interests of the owners of residential premises in this house.

HOA board meeting

The most popular questions and answers to them on the reorganization, liquidation and merger of HOA owners

Question: Good afternoon, my name is Olga, and I live in a high-rise building, the residents of which have chosen a way to manage the house - a partnership of residents. Recently, the chairman of the board and members of the board of the HOA decided to improve our yard and entered into an agreement with a construction company that will equip the territory and arrange a playground there. I do not mind doing this, but the reviews about this construction company are extremely negative. Tell me, was the board of the HOA entitled to make such a decision on its own, without submitting it to a general meeting of residents?

Answer: Hello Olga, according to Art. 148 ZhK RF, members of the board of the HOA, together with the chairman, can make such decisions and conclude agreements, since they do not contradict the provisions of the charter. Therefore, this agreement is legally binding and it will be quite difficult. Another thing is if you have information regarding the fixation of fraudulent actions by the construction company. In this case, you should contact the board and notify its members of the situation.

Conclusion

As a result, a number of conclusions can be drawn:

1. HOA- this is one of the forms of management of a multi-storey residential building. The participants in the association are the residents of this building, who own apartments by law.
2. The governing body of the partnership is the board, headed by chairman.
3. The organization is created in order to perform certain functions and resolve issues aimed at organizing the full functioning of a residential building.
4. The management group is selected at the general meeting of residents by voting, and the chairman is already members of the board.
5. Validity periods management authority should not exceed two years. At the end of this period, the board is re-elected.
6. To become a member of the association, you must own a home by right of ownership and be of legal age.
7. All major issues are resolved at general meetings and board meetings.
8. The result and the results of the meetings of the board are drawn up in the minutes of the board of the HOA, certified and stored as long as the organization exists.

The work of the board of the HOA is regulated by legislative norms and must be carried out in accordance with the constituent documents.

When evading their obligations or exceeding their rights, the management may be removed from office by a decision of the general meeting.

What it is

HOA is a non-profit organization whose work is aimed at conducting business activities of an apartment building.

A partnership is a company that brings together homeowners. They make decisions on the feasibility of carrying out repairs, replacing pipes, hiring workers, etc.

The management must comply with the rights and obligations specified in it, perform the functions of the board of the partnership, without violating the current legislation.

If the owners are dissatisfied with the work of the organization, they can at the general meeting raise the issue of removing the leaders from their posts and returning to the previous management system.

The partnership is chosen as an alternative to the management company.

If the state organization does not cope with the obligations assigned to it, the owners of apartments in the house can change the management system.

The partnership works on a similar principle, but does not involve third-party organizations, but the residents of the house. At any time, the system for managing the decision of the general meeting may change.

housing code

The legislative act indicates the grounds for the emergence of rights and obligations, talks about the requirements for joining the community.

According to this chapter, a person has the right to become a member of an organization with an apartment in a building managed by an association.

To do this, you will need to write an application for membership in the organization. Also, tenants have the right to withdraw from the partnership by submitting an appropriate application to the members of the board.

Membership automatically terminates when the apartment is sold. Community members are required to provide timely information about data changes (for example, a new phone number).

The register of owners collects information about residents. To do this, when joining the partnership, the owners provide the necessary information and copies of documents.

What does membership give

By joining a partnership, the owners receive rights on the basis of the Housing Code of the Russian Federation. It says who is a member of the HOA and what gives participation in the organization.

Video: creating an HOA

In particular, the participants of the partnership have the right to receive the following information:

Board members are required to provide the owners with the requested information.

Accounting should be as "transparent" as possible and contain only reliable information about expenses, including the calculation of salaries for members of the board.

If the owners doubt the data received, an audit commission may be required.

It tracks the actual expenditure of funds and documentary evidence of the transfer of money for the needs of the house.

Members of the partnership have the right to choose a company for major or periodic repairs. Employment of additional personnel depends on their opinion.

In some houses, cleaning of entrances and territory is carried out by residents in order to save on the wages of employees.

Unlike a management company, membership in an HOA makes it possible to take part in the conduct of business activities, elect managers, and adjust utility rates.

For these reasons, more and more apartment buildings are moving to a new management system, creating partnerships.

If the work is organized correctly, then the owners see positive changes in the state of the common property and a decrease in costs.

Legal status

The HOA is registered as a legal entity, the constituent documents are certified by a notary and are also subject to official registration with the tax authorities.

Members of the partnership are protected at the legislative level, in case of violation of the Charter, members of the board may be removed from office.

Every community has a guide. It includes the chairman and members of the board. They are elected at the general meeting by voting of the owners.

Members of the audit commission are also selected, whose duties include conducting audits of business activities and compiling financial statements.

Rights of HOA members

The organization includes several groups of participants:

• Members of the Board;
• chairman;
• general meeting.

Each group is recruited from the owners of apartments in the building. A tenant, property or relative of the owner cannot become a member of the partnership.

Their presence at the general meeting is desirable, but they do not take part in voting and cannot make proposals.

Board members are elected at the general meeting. It can include from 2 to 6 people. 10 days before the voting, information about applicants for the position of managers is provided.

For efficient work, you can create a group of board members from residents from different entrances. Each of the participants can represent the interests of his "site".

The general meeting is the members of the partnership who are not the chairman and members of the board.

Further changes and the amount of membership fees depend on the decision of the general meeting. For example, consider the issue of a major overhaul of a building.

In general, the partnership has many rights:

The leadership of the organization

The management team of the partnership includes the chairman and members of the board. Their rights include making proposals to improve the condition of common house property, hiring staff, giving orders.

The management can, without the consent of the owners, carry out minor repairs and eliminate critical damage (for example, when a pipe breaks).

The Board is directly responsible for maintaining financial records and providing tenants at the general meeting with information about the work performed and the funds spent.

The chairman has the right to choose the working staff, represent the interests of residents in court and other bodies.

Other owners

You can only join the organization on a voluntary basis. Without the personal desire of the tenant, membership is not issued. The owners may refuse to participate in the partnership.

Each tenant who is not the chairman and members of the board belongs to the general meeting. The outcome of the proposals and ideas made depends on the decision of the owners.

Each owner has the right to use common house property. They cannot forbid him, for example, to park in a common parking lot.

Appropriation of the territory or part of the house for personal use, the establishment of marks and identification marks is not allowed.

If it is planned to make redevelopment in the apartment, capturing part of the entrance or unused premises, then the issue is resolved at a general meeting.

Sample Application for Entry

To become a member of the HOA, you must own an apartment in a building managed by the partnership, and desire.

To enter, you will need to write, attaching a copy of the certificate of assignment of ownership and passport to it.

The application contains the following information:

1. HOA address.
2. Personal data.
3. Certificate of ownership number.
4. Request.
5. Date and signature.

The application is submitted to the members of the board of the partnership or the chairman for consideration by the management.

Both new tenants of the house and owners who have not previously agreed to participate in the organization can join the HOA. After consideration of the application, the data of the new member are entered into the register of the organization.

From this moment on, the owner has the right to take part in meetings, vote and propose candidates for chairmen and members of the board.

Existing responsibilities

Board members have obligations to inspection bodies and residents. They are prescribed in the Charter and regulated.

The responsibilities of the board include:

The board of the HOA (homeowners' association) is an indispensable body for residents of apartment buildings, designed to ensure the organization of housekeeping in the entrusted territory, to take measures to maintain order on the site by attracting contractors and to control their activities.

The powers of the board do not end there, so this elected body has a very wide range of activities. Nevertheless, apartment owners have the right to control its work and re-elect it at their own discretion, therefore it is unacceptable for members of the board to go beyond the law in the performance of duties.

The management board of the association is elected at the meeting of apartment owners. According to the requirements of the legislation of the Russian Federation, at least half of those present must vote for the candidates.

The HOA must have its own charter, which prescribes the frequency of elections. They cannot occur less than once every two years. In addition, each owner has the right to initiate a change of board members at any time.

Elections are held at a general meeting, which must be notified at least 10 days before the meeting.

• information about the initiator;
• the form of the meeting;
• items on the agenda;
• when and where the meeting will be held;
• the procedure for familiarization with the documentation and materials regarding the announced problem (distance acquaintance with candidates who have an introductory presentation).

To solve such important issues as the choice of the board, it is advisable to create an initiative group of apartment owners. Its members can be engaged in the notification of tenants, the preparation of ballots, the preparation of an election plan.

Who can be a board member of the HOA?

• be the owner of an apartment in a house managed by the partnership;
• be of legal age;
• do not enter ;
• cannot be a counterparty of a partnership under a house management agreement;
• if the building belongs to a legal entity, one of its representatives can become a member of the board.

How many people are included in the HOA is decided by the residents themselves. The Housing Code of the Russian Federation does not have any restrictions on this matter. It is desirable that their number be at least three, since the board includes the chairman and his deputy. In addition, the number of people must be odd, since all decisions are made collectively, by voting.

The Housing Code does not prohibit the election of those who were already members of the boards, so the same person can hold the position an infinite number of times.

The sequence of elections is as follows:

1. Registration of tenants who came to the meeting. Each of the apartment owners can send a representative with a power of attorney instead of himself. Participants of the meeting sign the ballot, indicating the name, apartment number and its area. The meeting is considered plenipotentiary if at least half of the residents attend it.
2. Announcement of the agenda stated in the announcement.
3. Giving the floor to candidates. This can be either a member of the board or the owner of the apartment, who was not previously a member of it. The candidate prepares pre-election speech and announces it at the meeting. Thus, all voters should be familiar with it. The whole process must be documented by the secretary in the minutes.
4. Direct voting and counting of votes. Candidates who receive the support of more than half of the residents become members of the board of the association. The minutes may contain a separate point of view of apartment owners who do not agree with the election results.
5. Property owners who did not attend the meeting are informed of the result of changes in the board of the HOA within ten days.

The Housing Code of the Russian Federation provides an opportunity to hold absentee elections in case the apartment owners cannot gather in sufficient numbers to vote.

1. It is necessary to obtain a receipt from each tenant stating that he has been notified of the conduct of absentee voting. The signatures of the apartment owners can be entered in the table, and the title page must be drawn up in accordance with the requirements for the notice of the meeting.
2. When bypassing the tenants, each is given a voting form.
3. The results of the counting of votes are recorded in the minutes.

The choice of board members is an extremely important procedure for all residents, since it is necessary to understand that it is these people who will be entrusted with funds for the improvement and maintenance of order in the adjacent area, they will become representatives before state structures for partnerships and will be able to solve a fairly large number of problematic issues.

The Board of the HOA operates on the basis of internal acts of the partnership, housing and civil legislation.

A partnership is a non-profit organization that has its own seal, name and all details of a legal entity. The HOA may have separate property, which is entrusted to the members of the board. Thus, it is the chairman of the HOA and his team that have the right to manage the state of the partnership and direct funds in the right direction. In turn, the meeting of tenants controls the expenses of the board and has the right to declare its no confidence in it.

In the process of its activity, a source is needed in order to take funds from it for the improvement of the territory and maintaining its cleanliness and order.

• entrance fees and obligatory payments of tenants;
• funds received in the form of income from the economic activities of the board;
• payments received from property owners for repairs;
• funds received from the lease of sites;
• payments received under the concluded agreements;
• money allocated from the budget in the form of targeted assistance.

The Board and the Chairman, in order to carry out their functions, form a staff, which may include an accountant, manager, builder, cleaners and other personnel.

The board of the partnership has the right to use the common property to maintain cleanliness and order in the territory. For all types of payments, an annual report is provided to apartment owners.

The competence of the board includes quite a lot of responsibilities that are established by housing legislation.

• be responsible for the operation of communications at home and troubleshoot problems that have arisen;
• comply with the requirements of the charter and the LC RF;
• draw up estimates, financial documentation, submit them for approval to tenants and report on the movement of funds;
• hire workers to organize effective management of the economy;
• hold meetings of residents;
• control and take part in the preparation of the budget and expenditure estimates;
• liaise with the public and other board members;
• cooperate with municipal authorities;
• attract contractors;
• prevent third parties from violating the rights of residents;
• initiate repairs and organize reconstruction;
• interact with non-payers of contributions and control the timely repayment of debts;
• represent the interests of owners before state structures;
• perform other duties prescribed by the statute.

Thus, board members must interact with the chairman, provide support, monitor compliance with the law and report to the members of the HOA.

In the course of economic activity, the board headed by the chairman performs the functions of ensuring sanitary control, cleanliness at playgrounds, entrances, elevators. If necessary, he is engaged in the installation of additional parking spaces, laying out flower beds, and so on.

The LCD of the Russian Federation has a list of duties that must be performed by members of the board. This list can be expanded, however, the functions of the general meeting are not allowed to be taken over.

In the course of its activities, the board needs to report to the owners of the apartments for the work done, so the documentation must be detailed and transparent, accessible to residents.

Not in every case, the activities of the government and its head satisfy residents, and joint collegial decision-making does not always benefit apartment owners. On this basis, conflicts and various unpleasant situations can arise. It happens that the chairman and colleagues together act in bad faith in the entrusted property, wasting it, pocketing money or carrying out illegal fraud. In this case, it is necessary to initiate new elections.

• full or partial repeated evasion from the performance of statutory duties and functions;
• disregard for the interests of residents;
• misappropriation of public funds and unauthorized appropriation of property;
• financial fraud, bribery or extortion;
• violation of the requirements of tax, housing and other types of legislation.

In addition, the board may also be subject to more severe penalties in the form of civil liability. It comes not only to residents, but also to other organizations. A striking example is the failure to fulfill obligations under a work contract in the form of untimely settlement with the contractor under the agreement.

Criminal liability of members of the board comes for embezzlement of property, fraud, abuse of authority.

The basis for administrative liability may be a violation of state norms and standards. Penalties for illegal actions of the administration are imposed on the partnership as a legal entity. The grounds for bringing to responsibility may be the demolition or damage of necessary signs, unauthorized use of a state facility, violation of the rules for using premises, and so on.

Re-electing the board may not be enough to stop violations of the law.

Owners have the right to apply to the prosecutor's office, the police or the court with a statement about the identified violations.