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

What does the Housing Code say about elders in apartment buildings and entrances?

According to the Housing Code of the Russian Federation, the management of an apartment building is not always carried out by an HOA or a management company.

If there are no more than four apartments in it, then an MKD council is created. This is not a legal entity, so registration with authorized bodies is not required. They have the right to make important decisions, to resolve general house issues, etc.

The chairman of the council is the head of the house.

Sometimes such a person is called the “chief” of the entrance or house. He has both rights and responsibilities. He can enter into various contracts on behalf of the house, participate in public life, etc. The Housing Code gives him other rights provided for various legal relations.

Elders can be elected both when there is a partnership of owners in the house and when a special management company is involved in the management. ⇐

How to choose the elder of your house

In order to choose a senior, it is necessary to hold a meeting of residents. For such an event to have legal force, it must be recorded. The meeting will be considered valid only when more than half of the residents are present. The elections must be announced several days in advance by visiting apartments or approving an announcement at the entrance.

At the meeting, various candidates are nominated, from which the eldest is selected. The protocol indicates how many votes were nominated and for which candidate. All residents participating in the meeting are required to sign the minutes.

The procedure and rules for holding elections are established by internal local acts of the meeting of residents of the house.

Remuneration, benefits and privileges may be provided for the house committee.

Who can be the eldest

The law states that only a citizen who is a resident of an apartment building can be a senior citizen. Third party citizens are not accepted for such work.

As a rule, the eldest is the citizen:

• responsible;
• having a good reputation;
• initiative;
• fully capable.

Internal local acts may provide for other requirements for elders.

For how long are they elected?

Federal law does not clearly regulate the terms of office of the house elder.

It is worth noting that such deadlines are set at the municipal level. It is equal to two years. The senior can be changed and re-elected after this period has expired. The charter of an apartment building may also establish a shorter period.

There are no limits set during which the same citizen can be re-elected. Therefore, such citizens can hold office for twenty or thirty years. After the expiration of the above terms of office, re-election occurs in the manner and according to the rules provided for by internal local acts.

Re-election is confirmed by a report. The head of the house is chosen only at his own request. If he refuses, he will not be included in the list of candidates.

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Rights, responsibilities and salary

Like any official, the head of the house has responsibilities, rights and powers. The list of rights includes:

1. Prepare documents in the housing and public utilities sector.
2. Manage the house.
3. Carry out the maintenance of the common property of the apartment building.
4. Conduct instructions for new tenants (relevant for Moscow and other large cities).
5. Pay third parties and conclude contracts, etc.

This is not the entire list of rights. Separate local acts establish other powers.

Responsibilities include:

1. Holding meetings.
2. Report to residents.
3. Carrying out scheduled and extraordinary work and their organization and support, etc.

For his work, the senior manager of an apartment building has the right to receive a salary. The amount of remuneration is determined at the general meeting. The owners themselves decide how to pay for such work.

Work is paid according to all rules provided for by labor legislation. This means that personal income tax (personal income tax) can be withdrawn from this type of income. Taking into account all the deductions, the salary of the house manager is negligible and is only of a formal nature. Of course, it cannot be the main source of income. He may refuse to pay for his functions.

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

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.

To resolve the issue of responsibilities, you must first determine who the house manager, the senior house manager, is. A building manager is a person whom the residents of an apartment building have entrusted to represent their interests before the Management Company, the HOA. The rights and responsibilities of a house elder are varied, but first of all, the activities of such a representative of the house must be based on the letter of the law.

16 Mar 2021 uristlaw 270

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How to find out who is the eldest in an apartment building by his address

When answering this question, it all depends on whose management the house is under. There may be two options:

• HOA;
• UK.

You can find out whether a senior has been elected and who he is by contacting both one and another organization. They are obliged to provide information upon a written application from a citizen and provide contact information upon his request.

If these organizations refuse to provide such information, the citizen can appeal this to the housing inspectorate. If they still interfere with access to information, the citizen has the right to write a complaint to Rospotrebnadzor.

What rights and responsibilities does it have?

The head of the house has a special status. He must perform the work assigned to him, while having additional rights. Main responsibilities of a house manager:

• ensuring the cleanliness of entrusted public areas;
• implementation of compliance with contractual conditions by housing maintenance authorities (improvement, cleaning, repair of entrances to apartment buildings);
• monitoring compliance with property operation standards and taking care of its safety;
• explanatory work on issues related to common property;
• providing information about institutions liquidating accidents;
• participation in resolving conflict situations in cooperation with the Internal Affairs Directorate;
• organizing assistance to low-income families together with social protection authorities;
• responsibility for safe exits (electrical panels), ensuring the safety of the keys to them;
• maintaining documentation about the work and appeals of citizens, preparing annual reports;
• control over the implementation of operational, fire, sanitary, and environmental requirements in the entrusted territory.

The house manager assists the relevant authorities (Ministry of Internal Affairs, fire protection, energy service, etc.) in implementing preventive measures. The head of the house has the rights:

• submit a request to the Criminal Code for the Prevention of Emergency Situations;
• make proposals for the safety of common property;
• evaluate, together with representatives of the management company, the results of the work performed and draw up appropriate acts;
• hold meetings;
• establish measures of influence on citizens who violate community standards;
• be elected to the MKD council or house committee.

These are fundamental rights. Where the apartment building is located is important, and the responsibilities of the house elder differ depending on this . In each region the list can be updated and new items added.

How to get re-elected

A given citizen can be re-elected in three situations: when he himself desires it; when the term of office expired; when he committed the offence.

Homeowners have legal grounds to elect a new “headman” for their building or the entire house. They can unite and file a petition against the incumbent. This occurs when, for example, he steals, fails to fulfill his duties, or otherwise interferes with the functioning of the management of an apartment building.

Re-election is marked by a corresponding announcement and is also recorded.

How to remove authority from the senior person at the entrance (house) legally competently

In a situation where the issue could not be resolved by holding a general meeting, you have to resort to legal means of protecting your rights. This includes writing a complaint to:

1. Housing inspection.
2. Rospotrebnadzor.
3. Court.

As lawyers recommend, residents should unite to achieve this. Only then can we hope to resolve the conflict in favor of the applicants. You must complain by submitting a written statement. Verbal complaints, as a rule, remain unanswered. Legal liability for a complaint may arise both within the framework of administrative and criminal legislation if the unlawful behavior of an objectionable elder is proven.

Where to complain about the elder in the apartment building or entrance

Very often the question arises - where can you complain and how to find the authorities. Such provisions are enshrined in law. According to them, first of all, the conflict can be resolved by contacting the management company or the homeowners’ association, depending on which method of managing the apartment building was chosen.

Citizens are also given a choice and the right to appeal to:

1. Housing inspection.
2. The prosecutor's office.
3. Court.

The latter is used very rarely. This only happens in a situation where the manager’s actions are clearly illegal.

The eldest woman in the house demands money, is it possible not to pay?

According to current legislation, residents are required to pay fees for major repairs, utilities, etc. If the charter provides for remuneration for a person in such a position, then this must also be paid.

In a situation where the elder demands the payment of funds for some other purpose, citizens have the right, on completely legal grounds, not to pay them, and also to file a complaint with the authorities that have already been indicated above. Since the house manager is not an official (unlike, for example, deputies), it is impossible to prosecute them for bribery or extortion under criminal law.

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.

Senior at the entrance: how is it different from the senior at home?

The introduction of such a position as a senior entrance manager is relevant in apartment buildings consisting of a large number of entrances. In fact, within the limits of their competence, they are no different from those in charge of the house. They perform the same functions, but only within the entrance.

Nevertheless, the eldest in the house is endowed with a greater degree of administrative actions. The elders at the entrance represent the interests of a separate group of residents at a general meeting of the entire building.

Thus, the introduction of positions of this kind is an effective way to respect the rights of residents, as well as the management of apartment buildings.

Choosing a building manager

The position can be introduced at the suggestion of any of the owners. The election of a house elder with the drawing up of minutes is ensured by a general vote of the owners at the meeting. At least 2/3 of the number of owners of apartments in the apartment building must participate in it. An applicant for the position needs to collect 50% plus one vote. Tenants do not participate in voting. Absent owners have the right to vote in absentia. Those who did not take part in the elections are subject to the decision of the meeting.

Job description

When setting a salary, the management company enters into an agreement with the head of the house on joint activities. The document is based on the minutes of the meeting and contains:

• details of the parties, their rights and obligations;
• agreeing on the nuances of joint activities;
• amount of payment;
• validity;
• and other conditions.

A sample of such an agreement can be found below. In order to keep documents in order, the house manager is required to know the charter of the apartment building and be able to draw up: