By law, a cooperative must have a manager, that is, a chairman. This is a person who represents the interests of the organization, is responsible for its activities and performs many other functions.

All his responsibilities are contained in the constituent documents of the housing cooperative. The candidate is selected from among the other members of the cooperative by voting.

Responsibilities of the chairman of the housing cooperative, as well as his rights

So, this is an official whose activities are regulated regulations(Article 119 of the Housing Code of the Russian Federation), as well as internal documents of the housing cooperative. Therefore, his rights and obligations comply with all established standards.

Article 119. Chairman of the board of a housing cooperative

1. The chairman of the board of a housing cooperative is elected by the board of the housing cooperative from among its members for a period determined by the charter of the housing cooperative.
2. Chairman of the board of a housing cooperative:
   • ensures the implementation of decisions of the board of the cooperative;
   • acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions;
   • exercises other powers not assigned by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.
3. The chairman of the board of a housing cooperative, when exercising rights and performing duties, must act in the interests of the cooperative in good faith and reasonably.

The job description of the chairman of the housing cooperative looks like this:

The responsibilities of the housing cooperative manager include:

1. knowledge of the current laws of the Russian Federation.
2. Organization of housing cooperative activities in accordance with regulations.
3. Regulation of issues related to the provision of all necessary services to owners, including utilities.
4. Recalculation of payments when providing low-quality services.
5. Monitoring the operation of common house equipment.
6. Record keeping and documentation storage.
7. Conducting banking operations.
8. Prevention of illegal redevelopment or other uses of property by residents.
9. Monitoring the improvement of the house and surrounding area.
10. Reception of citizens and their applications.
11. Carrying out current and major repairs.
12. Drawing up a quarterly work plan.
13. Participation in the activities of the board of housing cooperatives.
14. Conducting board meetings of the organization.
15. Providing reports on its activities to members of the cooperative.

In addition to the rights and responsibilities, the chairman has certain restrictions.

He is prohibited:

This is the main list of rights and responsibilities of the chairman of the housing cooperative as official. Additional powers may contain constituent documents.

What does the salary of the head of a housing cooperative consist of?

Naturally, the chairman’s work must be paid. And, although the law provides for a minimum wage, but the salary of the chairman of the housing cooperative is influenced by many factors:

• the number of apartments whose residents are members of the housing cooperative;
• labor agreement;
• monthly salary;
• the opinion of the owners (they can only vote for the salary, or they may consider that the work of the chairman should be encouraged);
• number of responsibilities (the more there are, the higher the salary).

It is difficult to say exactly how much the chairman of the cooperative receives. This could be a salary of 1–2 rubles or several times more. For example, in the capital or in St. Petersburg, the chairman of a housing cooperative receives 15–30 thousand rubles, but in the regions this amount is slightly less – 10–20 thousand rubles.

How to properly conclude an employment contract with him?

This is an elective position, but the person who occupies it is often signed employment contract chairman of the housing cooperative. According to the Labor Code of the Russian Federation, such an agreement can be signed between the employee and the employer. Naturally, the chairman himself is the employee. But the employer in housing cooperatives is considered to be general meeting all members of the organization, since it is the highest governing body.

Most often, the document is signed by the board member who has been entrusted with this responsibility.

The law does not prohibit choosing an authorized person among all members of the housing cooperative, but then this norm must be indicated in the Charter of the housing cooperative.

In addition to choosing a person to represent the cooperative as an employer, its members also decide on the payment of the manager’s work and approve a new cost estimate.

Problems associated with the chairman of the housing cooperative and their solution

This position carries great responsibility and, despite some restrictions, some chairmen take advantage of their position. But residents can influence the solution of problems arising in connection with its activities.

The head of the board of a housing cooperative does not provide documents

It happens that there come times when the chairman of the housing cooperative does not provide documents. Then the apartment owners begin to suspect that the manager is spending their money in an inappropriate manner. And when asked to report, he refuses. Residents' actions should be as follows::

• holding an extraordinary meeting of housing cooperatives;
• making a decision on inspection financial activities cooperative;
• transfer of the decision to the chairman for review and signature

If he refuses to sign the document, it must be sent by registered mail.

If the dialogue with the manager does not lead to anything, members of the housing cooperative can initiate a tax audit.

The chairman of the housing cooperative steals

In order to bring him to justice, it is necessary to have evidence. They can act as an act tax audit or other official documents. You should go to the police with them and a corresponding statement.

If they refuse to initiate a criminal case, you should appeal the decision law enforcement agencies through a lawsuit.

The head of a housing cooperative is not the owner - can this even happen and what should be done about it?

What to do if the chairman of the housing cooperative is not the owner? He doesn’t have to be one, since for membership it is enough to vote for the creation of a housing cooperative. Accordingly, he can be elected as the chairman of the organization.

Often, specialists from the management company are specially hired for this position, providing them with membership in the housing cooperative. But in this case they do not become the owner of the apartment.

Therefore, if the chairman is not the owner of the living space, there is nothing wrong with that. The main thing is that he has the appropriate membership. But if this fact is important for residents, then it must be taken into account when choosing a manager.

How to remove the chairman of the housing cooperative?

Residents can choose a manager and can fire him. But for this it is necessary go through all stages of the relevant procedure:

1. hold a general meeting, inviting the chairman there and informing him of the possible dismissal.
2. Make a written decision on dismissal, attaching all important evidence of the person’s incompetence.
3. Select a new candidate for the position.
4. Draw up a protocol for re-election.

If the chairman performed his duties on the basis of an employment contract, then he can easily be dismissed in accordance with Article 81 of the Labor Code of the Russian Federation.

Where can I complain about him?

Where can they complain about the chairman of the housing cooperative if the residents are dissatisfied with the work of the chosen manager, but there are few grounds for dismissal?

To do this, you should submit a corresponding complaint to the following authorities:

• the prosecutor's office;
• police;
• local authorities;
• labor inspectorate;
• other government agencies whose competence is to resolve housing and communal services issues.

To prevent this from happening, the rights and obligations of the chairman of the housing cooperative must be strictly observed.

Useful video

You will learn from the video what exactly needs to be done to replace the unscrupulous chairman of the HOA:

Conclusion

The chairman of the board of a housing cooperative is a very responsible position and therefore a person must meet all the requirements. It is desirable that he has the qualities of a leader, understands the law, and also has experience in managing a large number of people. Otherwise, the activities of an incompetent person will lead to big problems. And another person will have to decide them.

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Salary of the Chairman of the housing cooperative

Does the chairman of the housing cooperative? demand a salary in the amount of the minimum wage - 11,163 rubles.

Hello, Allah! If he is officially employed full-time, then paying him less than the minimum wage will be contrary to labor legislation.

Can I not pay a salary to the chairman of the housing cooperative if I did not live in the apartment?

Hello! You are the owner of the apartment, which means you bear all the rights and responsibilities of a member of the housing cooperative for the maintenance and management of the apartment building. . You may not live in it, but you are required to comply with the housing cooperative’s charter in full, including bearing the burden of expenses for managing the house.

I was elected by the members of the board as the chairman of the board of the housing cooperative, in order to approve my monthly salary, it is necessary to hold a general meeting, I tried to gather people - 15 people out of 88 came, can the board approve my salary, is there any way out? Or only the general meeting and the minimum number of people present?

Good afternoon, the establishment of wages for members of the board of housing cooperatives and the chairman of the housing cooperative is carried out by a general meeting of members of the housing cooperative. In accordance with Article 117 of the Housing Code of the Russian Federation, a meeting is competent if more than 50% of the members of the housing cooperative are present at it, “the decision is considered adopted provided that more than half of the members of the housing cooperative who were present at such a general meeting voted for it, and on the issues specified in the charter of the housing cooperative - more than three quarters of the members of the housing cooperative who were present at such a general meeting" (C. Art. 117 of the Housing Code of the Russian Federation). All this should be reflected in the charter of your housing cooperative. study it carefully.

Who sets the salary for the chairman of the housing cooperative?

Good evening! The salary of the chairman of the housing cooperative is formed from a percentage of remuneration. This means that for each work carried out by the chairman, he receives a certain percentage, which is his earnings.

I am a member of the housing cooperative, the chairman and accountant are hiding their salaries from us, although they now receive them from the personal funds of the members of the housing cooperative, they even deliberately hid this at the general meeting. How to get them to release their salary list service personnel?!

Send them a request for minutes of general meetings at which a decision was made to approve their salaries, estimates of income and expenses.

The chairman of the board of the housing cooperative hired a manager. The manager receives a salary, but the chairman does not. Is this correct?

Housing Code of the Russian Federation, Article 119. Chairman of the board of a housing cooperative 1. The chairman of the board of a housing cooperative is elected by the board of the housing cooperative from among its members for a period determined by the charter of the housing cooperative. 2. The chairman of the board of a housing cooperative: 1) ensures the implementation of decisions of the board of the cooperative; 2) without a power of attorney, acts on behalf of the cooperative, including representing its interests and making transactions; 3) exercises other powers not assigned by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative. 3. The chairman of the board of a housing cooperative, when exercising rights and performing duties, must act in the interests of the cooperative in good faith and reasonably. The basic rights of the chairman of the housing cooperative include: control the use by residents of the residential and non-residential premises provided to them, and if a violation of the norms of current legislation is detected, take measures to eliminate them; in the event of an emergency in a premises that is owned by individuals or legal entities that threatens damage to the property of other owners, has the right to enter the premises in agreement with the owner; conduct personnel selection, present candidates at board meetings; manage the activities of staff; has the right to vote at meetings of the board of the cooperative in the event of equality of votes among board members; vest members of the board with certain powers and require their conscientious execution;

There is no obligation to pay wages or remuneration to the Chairman of the Board of Housing Cooperatives. The chairman has the right to act without a power of attorney, including hiring staff.

The chairman of the housing cooperative has a salary of more than a million rubles a year, and the accountant also makes money on the board, how to order an audit and bring it to court.

Hello! It is necessary to prepare a complaint to the prosecutor's office on the basis of Art. 10 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, it is possible on the Internet through the website of the prosecutor’s office. The complaint must provide information about the violation of your rights. Be sure to indicate your last name, first name, patronymic, address and contact information. It is not necessary to indicate specific articles of the law. The appeal is made in writing addressed to the prosecutor. Please attach relevant documents (if any) and evidence to your complaint.

Good day! Write a complaint to the prosecutor's office. An investigation into this fact will be carried out. You will be notified of the results. I hope my answer will be useful to you.

Nikita, why do you think that he should work “for 3 kopecks”? :) In itself, what you indicated is not a violation of the law, but there may be other violations.

By a court decision, the chairman of the housing cooperative was declared incompetent until when to pay her a salary?

Hello, Nina Fazrieva. There is no need to pay her a salary if the powers of the chairman are terminated by a court decision. Good luck to you.

The board (chairman and deputy) increased their salaries without a general meeting of members.
Housing cooperatives and owners. They say they have the right. Is this legal? and how is it punishable?

The board (chairman and deputy) increased their salaries without a general meeting of housing cooperative members and owners. They say they have the right. Is this legal? and how is it punishable? you need to read the housing cooperative's charter.

Hello Tatyana We need to look at the housing cooperative’s charter to answer whether they can do this without holding a meeting or not. Most likely - they cannot. Thank you for visiting our site. Always happy to help! Good luck to you.

The board (chairman and deputy) increased their salaries without a general meeting of housing cooperative members and owners. They say they have the right. Is this legal? and how is it punishable?

Hello! Not legal. In this case, you need to submit a written complaint to the State Housing Inspectorate in order to conduct an inspection in relation to this HOA.

Can the chairman of the housing cooperative set the salary for himself and his deputy without permission, without a general meeting?

If you pay it yourself, then maybe... Russian Federation. Reasons for occurrence labor relations Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with this Code. In cases and manner that are established labor legislation and other regulatory legal acts containing norms labor law, or the charter (regulations) of the organization, labor relations arise on the basis of an employment contract as a result of: appointment to a position or confirmation in a position; court decision on concluding an employment contract; recognition of relations associated with the use of personal labor and arising on the basis of a civil contract as labor relations. Labor relations between an employee and an employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative in the case where the employment contract was not properly drawn up. The actual admission of the employee to work without the knowledge or instructions of the employer or his an authorized representative is prohibited.

Can the chairman of a housing cooperative receive a salary as a civilian employee or financial remuneration?

A strange question - if the housing cooperative and the chairman agree, who can prohibit it?

Can the chairman of a housing cooperative receive a salary?

Of course it can. But only in the manner prescribed by law.

Residents of a housing cooperative apartment building pay the chairman's salary themselves. Should shared ownership be taken into account when making this contribution for an apartment?

This is decided by the housing cooperative meeting. There may be different options.

How to speak correctly? The chairman of the housing cooperative receives a salary or remuneration. What's the difference?

Hello. Doesn't matter.

The charters of housing cooperatives usually indicate “REWARDS,” the amount of which (for the YEAR) and the procedure for payment are approved by the OS of members of the housing cooperative when adopting the ESTIMATED income and expenses of the housing cooperative. Wages must be paid on the basis of an employment contract, which must be signed by the Chairman of the Board of the Housing Society "Ivanov" - on the one hand, and that Chairman of the Board of the Housing Society "Ivanov" - on the other hand! But this is absurd. That is why there is a term - REMUNERATION, the size of which is determined by the decision of the members of the housing cooperative, and not by tariffs and other prices.

In my housing cooperative, the chairman set his own salary and is hiding behind the decision of the board to assign him and the accountant 15,000 rubles each. According to my information, the housing cooperative's salary is set only by a meeting of home owners.
But an accountant must work only under a contract and the amount of payment is decided only by the meeting. How can I prove his fraud and what laws should I refer to? I wrote to the Ministry of Internal Affairs three times and nothing was done.

This is not according to your data, but this is in accordance with the LAW, that is, with the Housing Code of the Russian Federation! Contact the state housing inspectorate. File a lawsuit.

Salary of the chairman of the housing cooperative. How to calculate salary correctly? Based on the number of residents, apartments or other standards?

Hello, Lyubov Gennadievna! There are no standards as such. However, it would be more reasonable when calculating to be guided not by the number of residents, but by 1 sq.m. total area of ​​each apartment. This value is more understandable and not subject to change. And in practice, when making calculations, they focus specifically on the area.

The cost estimate is approved by the general meeting. Start from real possibilities.

Are apartment owners, but not members of the housing cooperative, required to pay the salary of the chairman of the housing cooperative?

No obligation. This is not provided for by the housing cooperative's charter.

After the amendments to the Housing Code of the Russian Federation (Article 147, clause 3.1), should the chairman of the housing cooperative receive a monthly salary or remuneration based on work results at the end of the year?

Tatyana, by decision of the general meeting of members of the partnership - the chairman has the right to receive remuneration - it can be monthly or one-time

I am the chairman of a housing cooperative, how can I receive a salary, and I need to transfer some taxes.

Through the cash register, or on a card - through the accounting department, I need to transfer some taxes. - yes personal income tax, + Social Insurance Fund + Social Fund +..

In accordance with your charter. Personal income tax contributions to the Pension Fund of the Russian Federation and the Compulsory Medical Insurance Fund will have to be transferred.

Is it possible to find out the salary of the chairman and accountant of the housing cooperative? Please tell me what article, resolution and point to support this.

Submit a written request and demand that the board's decision approving board salaries be provided.

At a meeting of our housing cooperative back in April, the issue of the chairman’s salary was raised. It was attended by 14% of the homeowners of our building, i.e. There was no quorum, but they voted and approved. There was no quorum either in May or June. Having learned about this, I, guided by the Housing Cooperative Charter on quorum, clause 3 of Article 45 and Article 47 of the Housing Code of the Russian Federation, conducted a door-to-door tour and collected 55% of the votes to announce the results at the next meeting. Due to the fact that most people do not want to announce the amount so as not to spoil relations with the chairman, but are dissatisfied with the high salary, the initiative group and I sealed the ballot box and compiled a list for signatures. The ballot box was opened and the votes were counted by the initiative group. All our actions are documented. But one of the board members said that our actions were unenforceable and amounted to sociological survey, because The Charter of our housing cooperative does not say anything about absentee voting.
1) Is this true?
2) Are my actions legal?
3) Is the amount that received the most votes approved or is the average calculated?
Thanks in advance for your answer.

Svetlana! You need to study the housing cooperative's charter. and the provisions of Chapter 11 of the RF Housing Code, Art. 117 of the Housing Code of the Russian Federation: 1. The general meeting of members of a housing cooperative is valid if more than fifty percent of the members of the cooperative are present at it. The decision of the general meeting of members of a housing cooperative is considered adopted if more than half of the members of the housing cooperative present at such a general meeting vote for it, and on issues specified in the charter of the housing cooperative - more than three quarters of the members of the housing cooperative present at such general meeting . 2. The decision of the general meeting of members of a housing cooperative, adopted in the prescribed manner, is binding on all members of the housing cooperative. 3. The general meeting of members of the housing cooperative elects the management bodies of the housing cooperative and the bodies monitoring its activities. 4. The decision of the general meeting of members of the housing cooperative is documented in minutes

It doesn’t matter that the HOA Charter does not indicate an absentee method of making a decision by the owners of the premises of the house - this issue is regulated Federal law, namely the Housing Code of the Russian Federation. If you held a meeting in the form of absentee voting according to the procedures that are established in the Housing Code of the Russian Federation and formalized these procedures, the decisions made in absentia will be legal and you need to insist on the execution of such decisions and defend them. Article 47. General meeting of owners of premises in an apartment building in the form of absentee voting 1. The decision of the general meeting of owners of premises in an apartment building may be adopted without holding a meeting (joint presence of owners of premises in a given building to discuss issues on the agenda and make decisions on issues raised to vote) by conducting absentee voting - transferring to the place or address indicated in the notice of a general meeting of owners of premises in an apartment building, in writing, decisions of the owners on issues put to vote. 2. Those who took part in the general meeting of owners of premises in an apartment building, held in the form of absentee voting, are considered to be the owners of premises in this building, whose decisions were received before the closing date for their reception. 3. The owner’s decision on issues put to vote must indicate: 1) information about the person participating in the vote; 2) information about the document confirming the ownership of the person participating in the vote to the premises in the corresponding apartment building; 3) decisions on each issue on the agenda, expressed in terms of “for”, “against” or “abstained”.

In 2003, the Chairman and Deputy of the Board of the housing cooperative increased his salary, this was approved by the decision of the board, and according to the charter, this is a matter of the meeting. The increase in wages resulted in an increase in administrative staff. We increased the AHR by 4 times (from 19 rubles to 70 rubles). Also without the decision of the meeting. And now a meeting has been held and at the meeting they approved an increase in salaries and administrative staff since 2003. This is what was written down in the protocol. Is this legal? I want to sue, it seems to me that the decisions of the meeting do not have retroactive force.

Dear Anna Egorovna! In this case, we are not talking about a violation of the law, but about a violation of the cooperative’s Charter. You, of course, had the right to appeal the decision of the board, but I’m afraid that at present the decision of the general meeting has legitimized decision made board. Regarding the increase in the contribution for expenses, it seems that here you have a stronger position to appeal the decision of the general meeting in court (in terms of retroactive distribution), since your subjective right is directly affected (it turns out that you have a debt). In general, the theory of legal action retroactively (with retroactive force) in modern jurisprudence is poorly developed (direct instructions are only in certain laws related to prosecution)

Many people mistakenly believe that the chairman of a homeowners association or an apartment building “gets his bread in vain” - the work does not involve much effort, and the money is awarded “for nothing.” However, if you look at the situation from a different perspective, you can see how untenable this position is.

The chairman of the HOA, in the course of his work, is faced with the need to solve both current problems of repair and maintenance of the house, and long-term ones.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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In addition, the manager spends a lot of time representing the interests of residents in various authorities. All this requires adequate payment for work.

Can I receive

Salary or reward

In order to figure out whether the chairman receives a salary or remuneration, let’s turn to the Housing Committee.

According to the Housing Code, the chairman of the HOA is a member of the board of the organization. That is, the chairman is not just “the general mass,” but a competent governing body.

And the board itself, that is, this initiative group, elects one person from among its members, the most active resident - the chairman.

Part 3.1. Art. 147 Residential The Code states that a member of the board does not have the legal opportunity to combine activities on the board of a partnership with work in the same HOA under an employment agreement.

The key word is member of the partnership. The chairman, as we indicated above, is selected from among the members of the board.

Thus, a conflict of legal norms arises:

• on the one hand, Art. 147 prohibits the chairman from working in the HOA under an employment contract;
• on the other hand, it regulates that one of the competencies of the general Council of the MKD includes regulation of the amount of remuneration of the chairman of the partnership.

It turns out that the salary received specifically under an employment contract cannot be assigned to the chairman. Only remuneration for work (for example, for successfully completed work on home repairs, replacing pipes, etc.).

Important! What kind of remuneration, for what, in what amount - all these questions are not disclosed by law. Thus, the relevant aspects are regulated by the Articles of Association of the partnership.

How is the salary of the HOA chairman calculated?

According to paragraph 13 of Art. 145 of the Housing Code of the Russian Federation, the general meeting of residents has the right to determine the amount of remuneration of the chairman for his work.

Based on the above norm, in order to assign remuneration to the chairman, it is necessary to convene a general meeting.

In accordance with the Housing Code of the Russian Federation, the convening of a meeting is carried out by notifying all members of the HOA about its holding.

Thus, an initiative person or an initiative group is obliged to draw up a letter and bring its contents to the attention of residents in one of three ways:

• by sending a registered letter to the residential address of each owner;
• hand over in person against signature;
• or post it on the notice board near the apartment building.

At least 50% of the votes of the owners of their total number must appear at the place and time specified in the notice.

The initiative person must put on the agenda the issue of determining the amount of remuneration for the chairman.

Remuneration can be assigned both for the actions of the chairman aimed at the execution (control of execution) of a single work, and for the totality of execution labor responsibilities.

If the remuneration was approved, the minutes of the general meeting document the adopted issue, and also indicate the procedure and conditions for the payment of such remuneration.

Who decides the issues of increase

Art. 145 Residential Code of Russia, the issue of regulating the amount of remuneration of the chairman of the HOA is attributed to the exclusive authority of the general Council of the partnership.

Since the board is a lower collegial body and can resolve issues that are not within the exclusive competence of the general meeting, in this case the members of the board, the board itself and its chairman do not have the right to set their own remuneration and its amount.

Main founding document of the partnership is its Charter. It is this local act that guides the members of the HOA, including the competent governing bodies, when resolving the most important issues.

The General Meeting may determine any amount of remuneration for the chairman, if such a possibility is provided for in the Charter.

If the Charter limits the maximum salary (or sets a limit in the form of a percentage), the general meeting does not have the right to make a decision that contradicts the Charter.

Thus, the issues of increasing the salary of the chairman:

• are decided exclusively at the general Council of HOA members, and this meeting must be competent (have a quorum), and more than 50% of the owners of those participating in the meeting voted for an increase in remuneration;
• the salary must be within the limits established by the Charter of the partnership.

What to do if the HOA does not pay salaries

For a long time there was an opinion that the chairman of the HOA is not entitled to a salary. This is indeed true, because we figured out that this is called remuneration, the amount of which is determined at the general meeting.

The Housing Code of the Russian Federation requires residents to hold a general meeting at least once a year. The law does not establish any obligations regarding the frequency of holding extraordinary meetings.

It turns out that residents may not hold extraordinary meetings at all, limiting themselves to only the mandatory annual one.

But then what to do with the remuneration for the chairman, because he carries out activities every day, and not once a year, working for the benefit of the apartment building.

And although the right to decide whether to pay money to the chairman or leave him without remuneration falls within the competence of the general meeting, you can still turn to the regulatory authorities if it is obvious that the chairman is carrying out activities, results are visible, but no one wants to pay him money.

There are two solutions:

• contact the housing inspectorate;
• or directly to the district court.

The statement of claim must indicate:

• information about the plaintiff;
• name and address of the partnership;
• the period for which remuneration was not paid;
• evidence that the work was actually carried out.

Copies of all supporting documents should be attached to the statement of claim - for example, information about the repair work or landscaping. The facts that the chairman “did not sit idle”, but worked for the benefit of the residents, will help the court make a fair decision.

Apartment building

Based on the Housing Code of the Russian Federation, owners can choose one of three methods of managing apartment buildings:

• HOA or housing cooperative;
• management company;
• direct management if the number of apartments in an apartment building is less than 30.

If the house is not managed by a homeowners association, management company or other organization, that is, it is directly managed, and there are more than 4 apartments in the house, the owners are required to elect a council of the apartment building.

If there is less than 50% of the votes, the meeting will be invalid (there is no quorum). The initiative person must put on the agenda the issue of determining the amount of remuneration for the chairman. Remuneration can be assigned both for the actions of the chairman aimed at the execution (control of execution) of a single job, and for the total performance of job duties. For a decision to be made, at least 50% of all those who turned up must vote (votes are counted by head count - that is, 1 owner = 1 vote). If the remuneration was approved, the minutes of the general meeting document the adopted issue, and also indicate the procedure and conditions for the payment of such remuneration. Who decides on the increase in Art. 145 Residential Code of Russia, the issue of regulating the amount of remuneration of the chairman of the HOA is attributed to the exclusive authority of the general Council of the partnership.

Salary of an accountant and chairman of housing cooperatives

And although the right to decide whether to pay money to the chairman or leave him without remuneration falls within the competence of the general meeting, you can still contact the regulatory authorities if it is obvious that the chairman is conducting activities, results are visible, but no one wants to pay him money. There are two solutions:

• contact the housing inspectorate;
• or directly to the district court.

The statement of claim must indicate:

• information about the plaintiff;
• name and address of the partnership;
• the period for which remuneration was not paid;
• evidence that the work was actually carried out.

The statement of claim should be accompanied by copies of all supporting documents - for example, about repair work or landscaping.

Features of the salary of the chairman of the homeowners association

Now the situation has changed - some of the nuances of calculating wages are partially considered both in the Housing Code of the Russian Federation and in the Labor Code of the Russian Federation. Salary or remuneration In order to figure out whether the chairman receives a salary or remuneration, let’s turn to the Housing Committee.

According to Art. 147 Housing Code, the chairman of the HOA is a member of the board of the organization. That is, the chairman is not just “the general mass,” but a competent governing body.

Info

The Board is elected at a general meeting (hereinafter also referred to as the Council) and may consist of several members of the HOA (the so-called initiative group). And the board itself, that is, this initiative group, elects one person from among its members, the most active resident - the chairman.

Part 3.1. Art. 147 Residential The Code states that a member of the board does not have the legal opportunity to combine activities on the board of a partnership with work in the same HOA under an employment agreement.

How is the salary of the chairman of the homeowners association calculated: what does he receive remuneration for?

It's fast and free! Table of contents:

• Leader electability
• Rights and Responsibilities
• Salary of the head of the board of a housing cooperative
• Conclusion of an employment contract with the chairman of the housing cooperative
• Possible problems
• How to remove a manager from his post?
• Where can I complain?
• Conclusion

Electability of the leader The chairman is an elected position. He is elected and appointed by the house board members at their meeting.

Being appointed to this position, a person receives a number of powers in accordance with the charter of this housing cooperative. The main provisions for this position are indicated in Article 119 of the RF Housing Code:

1. The chairman is elected for a term specified in the charter.

Salary of the chairman of the housing cooperative

Many people mistakenly believe that the chairman of a homeowners association or an apartment building “gets his bread in vain” - the work does not involve much effort, and the money is awarded “for nothing.” However, if you look at the situation from a different perspective, you can see how untenable this position is.

The chairman of the HOA, in the course of his work, is faced with the need to solve both current problems of repair and maintenance of the house, and long-term ones. In addition, the manager spends a lot of time representing the interests of residents in various authorities.

All this requires adequate payment for work. Can I receive According to Art. 56 of the Labor Code of the Russian Federation, an employment contract is an agreement between an employee and an employer, on the basis of which the parties acquire mutual obligations.

Should the salaries of housing cooperative chairmen correspond to the minimum wage?

• Article 278 of the Labor Code of the Russian Federation provides additional grounds for terminating an employment contract with the chairman of the board of the HOA.
• In case of termination of the employment contract with the chairman of the board of the HOA in connection with the adoption by the authorized body legal entity(the board of the HOA or the general meeting of HOA members) of the decision to terminate the employment contract in the absence of guilty actions (inaction) of the chairman, he is paid compensation in the amount determined by the employment contract, but not less than three times the average monthly salary (Articles 278, 279 of the Labor Code of the Russian Federation).
• Early termination of an employment contract on the initiative of the chairman of the board of the HOA is permitted with a warning to the partnership (board and general meeting) in writing no later than one month (Article 280 of the Labor Code of the Russian Federation).

Make it illegal to pay for housing construction maintenance and repairs in terms of wages

Consequently, there is no clear deadline - in each housing cooperative it can differ significantly.

• The chairman is responsible for ensuring that the decisions of the cooperative are implemented in a timely and efficient manner.
• He has the right to carry out activities on behalf of the entire cooperative without a prior power of attorney. The range of powers includes, among other things, making transactions and representing the entire housing cooperative in court.
Important! The Chairman must carry out his activities in good faith. This is indicated in the Housing Code of the Russian Federation, therefore it is not just a moral point, but a clear obligation. Rights and responsibilities The person selected for this position receives a whole range of rights, and along with them responsibilities.
Their list in different housing cooperatives may differ slightly, since the final list is approved by the charter of the housing cooperative. The charter is adopted at the meeting, and therefore any cooperative can indicate some special points.

Payment for the work of the chairman of the housing cooperative

They are described in Federal Law No. 59:

1. police and other law enforcement agencies;
2. prosecutor's office;
3. local authorities;
4. labor inspection;
5. any bodies whose competence includes resolving housing issues.

Naturally, you need to choose the body to file a complaint in accordance with the situation. If theft is proven, this will be the police or court, and if theft is suspected, this will be the labor or tax inspectorate.

Conclusion The chairman of the housing cooperative is an elected position. The person appointed to it must fulfill his duties and act in accordance with the legislation of the Russian Federation.
Otherwise, members of the housing cooperative may complain about him to various authorities and initiate dismissal proceedings. If the chairman does his job conscientiously, then he is entitled to a salary.

Attention

Since the board is a lower collegial body and can resolve issues that are not within the exclusive competence of the general meeting, in this case the members of the board, the board itself and its chairman do not have the right to set their own remuneration and its amount. The main constituent document of the partnership is its Charter.

It is this local act that guides the members of the HOA, including the competent governing bodies, when resolving the most important issues. The General Meeting may determine any amount of remuneration for the chairman, if such a possibility is provided for in the Charter. If the Charter limits the maximum salary (or sets a limit in the form of a percentage), the general meeting does not have the right to make a decision that contradicts the Charter.

Who sets the salary for the chairman of the housing cooperative?

Peculiarities of labor relations between the chairman of the board and the HOA; the relationship between the chairman of the board and the HOA may be labor relations. G.N. Makarenko notes: from the provisions of the Labor Code of the Russian Federation (Article 273) it follows that an employment contract with the chairman of the HOA must be concluded if the management of an apartment building is carried out directly by the partnership, and not by the management organization under a management agreement for the apartment building. In the case of managing an apartment building under a management agreement with another organization, the relationship of the HOA with the chairman of the board must be regulated on the basis of the charter, while an employment relationship cannot arise in this case. We beg to differ with this position. Firstly, the Housing Code does not establish any obligation to conclude an employment contract with the chairman of the HOA.

The facts that the chairman “did not sit idle”, but worked for the benefit of the residents, will help the court make a fair decision. Apartment building Based on Part 2 of Art. 161 Housing Code of the Russian Federation, owners can choose one of three methods of managing apartment buildings:

• HOA or housing cooperative;
• management company;
• direct management if the number of apartments in an apartment building is less than 30.

If the house is not managed by a homeowners association, management company or other organization, that is, it is directly managed, and there are more than 4 apartments in the house, the owners are required to elect a council of the apartment building. Based on the text of Part 6 of Art. 161.1. LC, a chairman is selected from among the council participants, who is assigned the duties provided for in Part 8 of this article. According to Part 8.1. the same article of the housing law, general council has the authority to decide to pay remuneration to the chairman or other members.