Chairman of the House Council: rights and responsibilities

The rights and responsibilities of the chairman of the council of an apartment building are a list of instructions provided for in Article 161.1 of the Housing Code, which are carried out by the appointed person. The chairman is elected from the members of the MKD council. Which, in turn, is created to solve the problems of residents. Let's figure out what functions the chairman of the MKD performs.

Most apartment buildings have been transferred to management companies. And often the residents’ problems become exclusively their problems. Directorates of management companies rarely make contact, leaving individual complaints and appeals unattended. In order for the residents’ problems to be solved by representatives of the management company, who, by the way, receive good money for this, the residents need to unite.

What is the MKD council

The formed association represents the council of an apartment building. In essence, the SMKD is a representative body that is authorized to represent the interests of residents before third-party organizations, be it management companies or other companies. Legislators have given associations certain rights, powers and responsibilities.

The MKD Council is not a legal entity and does not have a current account or seal. But he is authorized to solve numerous problems and questions of residents that systematically arise in the process of life. The key task of the MDK board is control over the actions of the management company.

What is an apartment building council?

This body is elected; a special meeting is held to elect representatives of residents . The actions of the council are regulated by the Housing Code of the Russian Federation. To become familiar with the rules of operation of the council of an apartment building, its members must study a document such as Article 161.1 of the Housing Code of the Russian Federation.

Council of residents of an apartment building (apartment building) - this is one of the options for managing a house; other options include an HOA, a housing construction cooperative. In every home, one of these organs is possible.

In order for the work of the residents' representatives to be coordinated, a chairman of the council is elected . But it is worth noting that his activities, like those of other members of this organization, should be subordinated only to the interests of the entire building, the owners of the apartments. Who can be the chairman of the council? Any resident or apartment owner who feels responsible for their home can defend its interests.

ATTENTION! According to Article 44, Part 1 of the Housing Code of the Russian Federation, the only and main governing body in an apartment building is the general meeting of owners. And the council, as the regulatory documents indicate, acts in parallel with such a meeting, without replacing it and the house committee.

Elections in accordance with the housing code of the council are held at certain intervals; members of this body can be re-elected or remain in office.

Apartment building council: rights and responsibilities in 2021

Some owners consider the activities of the MKD council unnecessary. After all, what are the responsibilities of the house council? In fact, the work of the members of the association is a duplication of the functions of the management company. But this judgment is fundamentally wrong. Management company employees are not interested in landscaping areas, fencing areas, planting trees and solving other problems. Everyday issues have to be resolved independently. And these responsibilities fall on the members and the chairman of the SMKD.

We list the responsibilities of the house council in an apartment building:

Controls the activities of the management company and other organizations, suppliers of energy resources and utilities.
Forms and sends proposals to the management company on the need for ongoing repairs of the building and utilities.
Develops a plan for landscaping the territory and adjacent land plots, erecting fences and other things.
Conducts independent analysis and provides opinions on draft contracts with resource supply companies.

In fact, the MKD council draws up a work plan for the next year, which includes not only a list of problems and activities, but also economic calculations and justifications. The plan includes standards for how to distribute the responsibilities of house council members to carry out assigned tasks. At the end of the year, members of the association report to residents on the work done.

The rights of the MKD council include the following:

Protection of the rights of residents and apartment owners.
Quality control of provided services. Submission of appeals and complaints subject to detection of deviations.
Participation in quality control and signing of reports of completed work on major, current repairs and other improvements.
Participate in the inspection of premises in the event of damage (fire, flooding, collapse). Record the condition of the premises in the relevant acts.
Initiate meetings of residents to resolve everyday issues and economic problems.

A manager is required to fulfill all the duties and rights assigned to the SMKD. A person who has the power to control the activities of the entire council.

Article 161.1 of the Housing Code of the Russian Federation. Council of an apartment building (current version)

1. If a homeowners’ association has not been created in an apartment building or the building is not managed by a housing cooperative or other specialized consumer cooperative and there are more than four apartments in this building, the owners of the premises in this building at their general meeting are required to elect a council of the apartment building houses from among the owners of premises in this house. Registration of the council of an apartment building with local authorities or other bodies is not carried out.

2. In the cases specified in part 1 of this article, provided that during a calendar year the decision to elect the council of an apartment building by the owners of the premises is not made or the corresponding decision is not implemented, the local government body, within three months, convenes a general meeting of the owners of the premises in an apartment building, the agenda of which includes issues on the election of a council of an apartment building in this building, including the chairman of the council of this building, or on the creation of a homeowners’ association in this building.

3. The council of an apartment building cannot be elected in relation to several apartment buildings.

4. The number of members of the council of an apartment building is established at a general meeting of owners of premises in the apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in the building.

5. Council of an apartment building:

1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;

2) submits to the general meeting of owners of premises in an apartment building, as questions for discussion, proposals on the procedure for using common property in an apartment building, including the land plot on which this house is located, on the procedure for planning and organizing work on the maintenance and repair of common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in a given building in relation to the common property in a given building and the provision of utilities, as well as proposals on issues of competence of the council of an apartment building, elected commissions and other proposals on issues on which decisions are made does not contradict this Code;

3) submits proposals to the owners of premises in an apartment building on issues of planning the management of an apartment building, organizing such management, maintenance and repair of common property in this building;

4) submits to the owners of premises in an apartment building, before consideration at the general meeting of owners of premises in this building, its conclusion on the terms of the draft agreements proposed for consideration at this general meeting. If a commission is elected in an apartment building to evaluate draft contracts, the specified conclusion is presented by the council of this building together with such a commission;

5) exercises control over the provision of services and (or) performance of work on the management of an apartment building, maintenance and repair of common property in an apartment building and the quality of utilities provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises, included in the common property in this house;

6) submit a report on the work done for approval at the annual general meeting of owners of premises in an apartment building;

7) makes decisions on the current repair of common property in an apartment building if a corresponding decision is made by the general meeting of owners of premises in an apartment building in accordance with clause 4.2 of part 2 of Article 44 of this Code.

6. From among the members of the council of an apartment building, at a general meeting of owners of premises in an apartment building, the chairman of the council of the apartment building is elected.

7. The chairman of the council of an apartment building manages the current activities of the council of the apartment building and is accountable to the general meeting of owners of premises in the apartment building.

8. Chairman of the council of an apartment building:

1) before the general meeting of owners of premises in an apartment building makes a decision on concluding a management agreement for an apartment building, the right to enter into negotiations regarding the terms of the specified agreement, and in the case of direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding the terms of the agreements specified in parts 1 and 2 articles 164 of this Code;

2) brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;

3) on the basis of powers of attorney issued by the owners of premises in an apartment building, or, acting without a power of attorney, if he is vested with such authority by a decision of the general meeting of owners of premises in an apartment building, concludes on the conditions specified in the decision of the general meeting of owners of premises in this apartment building, management agreement for an apartment building or agreements specified in parts 1 and 2 of Article 164 of this Code. Under the management agreement for an apartment building or the agreements specified in parts 1 and 2 of Article 164 of this Code, concluded by the chairman of the council of the apartment building, if such authority is vested in him by a decision of the general meeting of owners of premises in the apartment building, all owners of premises in the apartment building acquire rights and become obligated . Under the management agreement for an apartment building or the agreements specified in parts 1 and 2 of Article 164 of this Code, concluded by the chairman of the council of the apartment building, if the owners of the premises in the apartment building are vested with such authority, certified by powers of attorney, the owners of the premises in the apartment building acquire rights and become obligated, provided these powers of attorney to the chairman of the board of the apartment building. The owners of premises in an apartment building have the right to demand from the management organization, the person who has concluded the agreements specified in parts 1 and 2 of Article 164 of this Code with the chairman of the board of the apartment building, a copy of the management agreement for the apartment building and the agreements specified in parts 1 and 2 of Article 164 of this Code;

4) exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of powers of attorney issued by the owners of premises in an apartment building, or, acting without a power of attorney, if such authority is vested in by decision of the general meeting of owners of premises in an apartment building, signs acts of acceptance of services provided and (or) work performed on the maintenance and current repair of common property in an apartment building, acts of violation of quality standards or frequency of provision of services and (or) performance of work on maintenance and repair of common property in an apartment building, acts on the failure to provide utility services or the provision of utility services of inadequate quality, and also sends appeals to local governments about the failure of the management organization to fulfill the obligations provided for in Part 2 of Article 162 of this Code;

5) on the basis of powers of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in matters related to the management of this building and the provision of utilities;

6) makes decisions on issues that are transferred for decision to the chairman of the council of an apartment building in accordance with the decision of the general meeting of owners of premises in an apartment building, adopted in accordance with clause 4.3 of part 2 of Article 44 of this Code.

8.1. The general meeting of owners of premises in an apartment building has the right to decide on the payment of remuneration to members of the council of the apartment building, including the chairman of the council of the apartment building. Such a decision must contain the conditions and procedure for paying the specified remuneration, as well as the procedure for determining its size.

9. The council of an apartment building operates until re-election at a general meeting of owners of premises in an apartment building or in the event of a decision to create a homeowners’ association until the election of the board of the homeowners’ association.

10. The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in a given building. If the general meeting of owners of premises in an apartment building fails to make a decision on the re-election of the council of the apartment building within the prescribed period, the powers of the council of the apartment building are extended for the same period. In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building.

11. To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in a given building, which are collegial advisory bodies for managing the apartment building, may be elected.

12. Commissions of owners of premises in an apartment building are elected by decision of the general meeting of owners of premises in an apartment building or by decision of the council of the apartment building.

13. The general meeting of owners of premises in an apartment building may make a decision on the use of a system or other information system, taking into account the functions of these systems in the activities of the council of the apartment building, the chairman of the council of the apartment building, commissions of owners of premises in the apartment building if they are elected, as well as determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the specified council, chairman, and commissions.

Who can become the chairman of the MKD

Only the residents themselves can represent the interests of the residents of an apartment building. It is worth paying special attention to the fact that according to the law, only apartment owners are elected members of the SMKD, as well as managers. Tenants and temporarily registered residents do not have the right to become official representatives. But they can take part in the appointment.

The chairman and members of the council are elected by election. At the general meeting it is necessary to determine the number of members of the SMKD. There is no legal limit on the number of participants, but it is important to use common sense. It is also required to propose several candidates for the position.

The manager should be chosen from among the council members and only the property owner. The result of solving problems and everyday issues depends on the quality of work of the manager of the SMKD, and a responsible, experienced and conscientious citizen should be appointed to such a position.

Responsibilities of the chairman of the house in apartment buildings

The manager of the SMKD has all the same responsibilities and functions as the members of the association. But the chairman is the highest representative body of the house, so the responsibilities of the VRL chairman are expanded. Let's figure out what the responsibilities of the chairman of the house council are:

Negotiating with the management company on the terms of the draft management agreement in order to make changes and additions if the terms of the agreement infringe or violate the rights of residents or the apartment owners do not agree with the terms of management.
Bringing the provisions of the management agreement with the management company to the apartment owners at the general meeting of residents - clarification of the terms of the management agreement.
Concluding a management agreement with the management company on behalf of the MKD council. But only on condition that the chairman was granted such powers (that is, on the basis of a power of attorney).
Proper control of all actions of the management company. Checking and signing certificates of work performed and services provided. Control over the inaction of management company employees and the provision of services of inadequate quality.
Drawing up claims and demands for correction of poor-quality work or services. Representing the interests of residents in third-party organizations, including courts.

Find out about the consequences of the entry into force of No. 277-FZ from the video magazine

In the new issue of the online magazine “Housing and Communal Services: Dreams Come True,” the head of the Expert Council of the P1 Association, Elena Shereshovets, spoke about the negative consequences for management companies of the adoption of Federal Law No. 277-FZ of July 31, 2020, which gave the chairmen of the Councils of MKD the right, with the consent of the OSS, to sign management agreement and acceptance certificates for completed work:

➡️ Watch the video on the P1 Association channel on YouTube

In Part 8 of Art. 161.1 of the RF Housing Code as amended by No. 277-FZ now states that the Chairman of the Council of MKD acts on the basis of:

powers of attorney issued to him by the owners;
the decision of the general meeting, which vested him with powers.

In the first case, the chairman represents the interests of only those owners who issued powers of attorney to him, in the second - all owners of premises in the apartment building.

Elena Shereshovets, examining the innovation, noted that in order to vest the chairman of the MKD Council with the authority to sign a management agreement or acts of work performed, there was no need to rewrite the RF Housing Code: such norms are already contained in the RF Civil Code and confirmed by judicial practice. Find out more by watching the online magazine issue.

The expert told how to draw up acts on temporary residents
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Rights of the chairman of the MKD

The work of the chairman of the board of MKD includes not only control over the activities of the management company. In addition to the supervisory function, the manager is also endowed with such rights as inspecting and recording the condition of subordinate territories. For example, representatives of the management company often refuse to draw up reports of damage to the common and private premises of the residents of the house. The logic is simple: if the act is drawn up, then the shortcomings will have to be eliminated. To avoid unnecessary expenses, the management company simply refuses to inspect the premises.

But such a right is granted to the chairman of the MKD. And even if the management company refused to record damage and problems, the chairman can do this. In fact, an act is drawn up. Then the act and the accompanying letter of claim are sent to the Criminal Code. If the company does not eliminate the problem, then the owners have the right to contact the regulatory authorities.

In addition, the chairman of the house has the same rights and responsibilities as the general council of the MKD.

Housing and communal services news

Federal Law No. 277-FZ dated July 31, 2020 gave the chairmen of the Councils of MKD the right, with the consent of the OSS, to sign a management agreement and acts of acceptance and transfer of work performed.

In Part 8 of Art. 161.1 of the Housing Code of the Russian Federation, as amended by No. 277-FZ, now states that the Chairman of the Council of MKD acts on the basis of: powers of attorney issued to him by the owners; the decision of the general meeting, which vested him with powers.

In the first case, the chairman represents the interests of only those owners who issued powers of attorney to him, in the second - all owners of premises in the apartment building. E. Shereshovets, examining the innovation, noted that in order to vest the Chairman of the Council of MKD with the authority to sign a management agreement or acts of work performed, it was not necessary to rewrite the Housing Code of the Russian Federation: such norms are already contained in the Civil Code of the Russian Federation and confirmed by judicial practice.

Federal Law No. 277-FZ dated July 31, 2020, however, not only did not bring anything new to the work of the chairman of the MKD Council and management organizations, but, as the expert noted, it changed something that should not have been changed. Until July 31, 2021, when the law came into force, the chairman could sign an act of work performed/services rendered simply by virtue of his status.

Now, according to No. 277-FZ, he can do this only in two cases: if he has powers of attorney from the owners or the OSS has vested him with the appropriate powers. Elena Shereshovets noted that management organizations need to add to the agenda of the next OSB the issue of granting the chairman of the MKD Council the authority to sign acts.

Another consequence of No. 277-FZ was a change in the quorum required to make a decision at the OSS to give the chairman the authority to sign on behalf of the owners of documents. From Part 4.3 of Art. 44 and part 1 art. 46 of the Housing Code of the Russian Federation it follows that it constitutes at least ⅔ of the votes of the total number of votes of the owners.

If the chairman of the MKD Council does not have such powers and the acts remain unsigned, then the management organization may be brought to administrative responsibility under Part 1 of Art. 7.23.3 Code of Administrative Offenses of the Russian Federation. The violation is interpreted as partial registration of the results of work performed and services provided under the MKD management agreement for the period: the participation of owners in monitoring the quality of services and work upon their acceptance is not ensured.

There is such judicial practice. For example, the decision of the Leninsky District Court of Kemerovo dated November 13, 2015 in case No. 12-338/2015. The GZHN body checked the work of the management organization and held it accountable for the lack of certificates of work performed/services provided signed by the owner’s representative. The magistrate confirmed the company’s guilt and imposed a fine of 150,000 rubles under Part 1 of Art. 7.23.3 Code of Administrative Offenses of the Russian Federation. The UO filed a complaint with the court, but did not get the decision overturned, including in the appellate instance.

Thus, the Chairman of the Council of MKD can sign a management agreement and certificates of work performed only if there are powers of attorney from the owners or in accordance with the decision of the OSS. To give the chairman such powers, the owners who have at least ⅔ of all votes in the house must vote “for” at the meeting.

Source: RosKvartal® - Internet service No. 1 for management organizations https://roskvartal.ru/deyatelnost-uk/11849/kak-277-fz-o-polnomochiyah-predsedatelya-soveta-mkd-otrazitsya-na-uo

How is the chairman elected?

The chairman of the apartment building is elected at a general meeting of residents. It is important that at least half of all owners of an apartment building take part in the meeting. Otherwise, a repeat meeting will have to be held.

It is necessary to notify residents of the upcoming meeting by registered letters, unless otherwise provided by the decision of the general meeting of the apartment building. For example, at the previous meeting, the owners determined that notices were posted on publicly accessible stands in the local area.

Several candidates are selected from among the members. It is possible to prepare ballot papers or determine another method of voting. The elections should be considered valid if at least 50% of apartment owners voted. The winner is determined by counting votes. When the chairman of an apartment building is elected, his rights and obligations (Article 161.1 of the Housing Code of the Russian Federation) are documented. The elected person gets acquainted with his key functions under his signature.

If homeowners have not independently elected the council and chairman of the apartment building, then the management company or local government has the right to initiate the procedure. In such a situation, the appointed persons may be dishonest in performing the work and show loyalty to the management company, and not to the residents.

The MKD council should be in every house where there is no partnership or cooperative

According to Part 1 of Art. 161.1 of the Housing Code of the Russian Federation, an MKD Council should be in every building with five or more apartments, unless a HOA, TSN, housing or consumer cooperative has been created in it. The council should consist only of the owners of premises in the house: tenants and tenants cannot become members of this association.

An anonymous survey is being conducted in the NP “Housing and Communal Services Control” group on VKontakte about whether a House Council has been created in the apartment building where the readers live. Of the 200 people who had already taken part in the vote, 39 answered that there was no vote.

From the NP ZHKH Kontrol group on VKontakte

At the same time, in a house where management is placed in the hands of a specialized organization - the management authority, the presence of the MKD Council is of great importance. The Housing Code of the Russian Federation assigns several quite important functions and competencies to such an association of residents. NP Housing and Communal Services Control has prepared a visual infographic about what powers the legislation gives to the Council of MKD. Let's look at it in more detail later.

How to elect a house council and its chairman and why does the MA need this?
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Salary on the MKD council

By decision of the general meeting of residents, the chairman and members of the MKD council are awarded remuneration for their work - in the form of monthly payments (salaries) or quarterly or annual bonuses based on work results.

The procedure for making payments, the amount and frequency of remuneration must be documented - in the minutes of the general meeting. The owners determine the sources of remuneration for members of the SMKD at a general meeting of residents of the building.

Sample power of attorney for the chairman of the MKD

About the author of the article

Natalya Evdokimova Accountant-expert, practical experience - more than 15 years.
Author of articles in online media on accounting, taxes, and personnel issues.

OCC decisions adopted by more than 50% of the total votes

on the timing and procedure for conducting the annual OSS and the procedure for notifying decisions made thereon (Part 1, Article 45 of the Housing Code of the Russian Federation);
on holding a general meeting in the form of absentee voting using the GIS Housing and Communal Services (clause 3.2, part 2, article 44 of the Housing Code of the Russian Federation);
on determining the administrator of the general meeting when conducting an OSS using the GIS Housing and Communal Services (Clause 3.3, Part 2, Article 44 of the Housing Code of the Russian Federation);
on the procedure for the administrator of the general meeting to receive messages about the conduct of the general meeting, decisions on agenda items, and the duration of voting (clause 3.4, part 2, article 44 of the Housing Code of the Russian Federation);
on the procedure for financing expenses associated with convening, organizing and holding a general meeting at the request of an initiative group of owners of premises in an apartment building (clause 3.5, part 2, article 44 of the Housing Code of the Russian Federation);
on choosing and changing the method of managing MKD (clause 4, part 2, article 44, part 3, article 161 of the Housing Code of the Russian Federation);
on the creation of a partnership and approval of its charter (part 2 of article 135, part 1 of article 136 of the Housing Code of the Russian Federation);
on the reorganization of the partnership (Article 140 of the Housing Code of the Russian Federation);
on the liquidation of the partnership if its members do not have more than 50% of the total number of votes of the owners of premises in the apartment building (Part 2 of Article 141 of the Housing Code of the Russian Federation);
on the selection of a management company and determination of the terms of the management agreement for apartment buildings (Part 1 of Article 162 of the Housing Code of the Russian Federation);
on the election and re-election of the council of the apartment building, if a homeowners association, TSN, housing cooperative or other specialized consumer cooperative has not been created in this house (Article 161.1 of the Housing Code of the Russian Federation);
on the use of GIS housing and communal services in the activities of the council of apartment buildings, its chairman, commissions of owners of premises in this building if they are elected (Part 13 of Article 161.1 of the Housing Code of the Russian Federation);
on the amount of payment for the maintenance of common property in an apartment building , if a partnership has not been created in it (Part 7, Article 156 of the Housing Code of the Russian Federation);
on payment for all or some utilities in the Russian North Ossetia (Part 7.1, Article 155 of the Housing Code of the Russian Federation);
on the current repair of common property in the apartment building (clause 4.1, part 2, article 44 of the Housing Code of the Russian Federation);
on the conclusion of contracts for the performance of work and the provision of services for the maintenance and repair of common property under direct management (Part 1 of Article 164 of the Housing Code of the Russian Federation);
on the selection of an authorized person on behalf of the owners in relations with third parties during the direct management of the house (Part 3 of Article 164 of the Housing Code of the Russian Federation);
on the place or address of storage of protocols and decisions of the OSS (Part 4 of Article 46 of the RF Housing Code);
on the election of a commission of owners of premises in the apartment building (Part 12, Article 161.1 of the Housing Code of the Russian Federation).

Draft order of the Ministry of Construction on registration of OSS protocols
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