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Do you need a board chairman? “Our chairman of the housing cooperative sets his own salary! A very large payroll fund in housing cooperatives

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 to the chairman. The remuneration can be assigned both for the actions of the chairman aimed at the execution (execution control) of a single work, and for the total performance job duties. In order for a decision to be made, at least 50% of all those present must vote (votes are counted without exception - that is, 1 owner = 1 vote). If the remuneration has been 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 increasing Art. 145 Lived. of the Code of Russia, the issue of regulating the amount of remuneration Chairman of the HOA referred to the exclusive authority of the general council of the partnership.

Salary of an accountant and chairman of the housing cooperative

And although the right to decide whether to pay money to the chairman or leave him without remuneration is within the competence of the general meeting, you can still apply to the regulatory authorities if it is obvious that the chairman is active, 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 claim must indicate:

information about the claimant;
the name and address of the partnership;
the period for which the remuneration was not paid;
proof that the work was actually done.

To statement of claim copies of all supporting documents should be attached - for example, on repairs or landscaping.

Features of the salary of the chairman of the HOA

Now the situation has changed - some of the nuances of payroll are considered in part both in the Housing Code of the Russian Federation and in the Labor Code of the Russian Federation. Salary or remuneration In order to find out whether the chairman receives a salary or remuneration, let's turn to the LCD.

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

Info

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

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

How is the salary of the chairman of the HOA calculated: for what does he receive remuneration

It's fast and free! Table of contents:

Electability of the head
Rights and obligations
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 the manager from the post?
Where can you complain?
Conclusion

Electability of the head The chairman is an elected office. He is chosen and appointed by the board members of the house 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 LC:

The chairman is elected for a term stipulated in the articles of association.

Chairman's salary

Many mistakenly believe that the chairman of an HOA or an apartment building “gets his bread in vain” - the work does not involve much effort, and money is accrued “for nothing”. However, if you look at the situation from a different angle, 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 tenants in various instances.

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

Should the salary of the chairmen of the housing cooperative 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 an 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 earnings (Articles 278, 279 of the Labor Code of the Russian Federation).
Early termination of the employment contract at the initiative of the chairman of the board of the HOA is allowed 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).

Recognize illegal payment of housing maintenance and repair in terms of wages

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

The chairman is responsible for ensuring that the decisions of the cooperative are implemented in a timely and quality 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, the execution of transactions and the representation of the entire housing cooperative in court.

Payment for the work of the chairman of the housing cooperative

They are described in Federal Law No. 59:

police and other law enforcement agencies;
prosecutor's office;
local governments;
Labour Inspectorate;
any bodies whose competence includes the solution of housing issues.

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

Conclusion The chairman of the housing cooperative is an elective 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 the dismissal procedure. If the chairman conscientiously performs his work, then he is entitled to a salary.

Attention

Since the board is the lowest collegiate 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 partnership is its Articles of Association.

It is this local act that guides the members of the HOA, including the competent governing bodies, in solving 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 Articles of Association. If the Charter limits the maximum salary (or sets a limit in the form of a percentage), the general meeting is not entitled to make a decision that is contrary to the Charter.

Who sets the salary for the chairman of the housing cooperative

Peculiarities labor relations between the chairman of the board and the HOA, the relationship between the chairman of the board and the HOA can be labor. G.N. Makarenko notes: from the provisions of the Labor Code of the Russian Federation (Article 273) it follows that labor contract should be concluded with the chairman of the HOA if the management of the apartment building is carried out directly by the partnership, and not by the managing organization under the apartment building management agreement. 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 should be regulated on the basis of the charter, while an employment relationship cannot arise in this case. Let us disagree 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 tenants, will help the court to make a fair decision. Apartment building On the basis of Part 2 of Art. 161 of the Housing Code of the Russian Federation, owners can choose one of three methods for managing MKD:

HOA or housing cooperative;
Management Company;
direct management, if the number of apartments in the MKD is less than 30.

If the house is not managed by an HOA, management company or other organization, that is, direct management is carried out, and at the same time there are more than 4 apartments in the house, the owners are required to elect an MKD council. Based on the text of part 6 of Art. 161.1. JK, a chairman is elected from among the members of the council, who is entrusted with the duties provided for in part 8 of this article. According to part 8.1. of the same article of the housing law, the general Council is authorized to decide to pay remuneration to the chairman or other members.

Therefore, if for a month an employee receives, taking into account all allowances and incentives, an amount greater than or equal to the minimum wage, then neither labor inspectors nor employees should have any questions for you. It is important to note that if, after withholding personal income tax, from the income due to the employee, he receives an amount less than the minimum wage, then this does not threaten the employer. Additional payment up to the minimum wage If the employee's salary is still less than the minimum wage, it is necessary to make an additional payment up to the minimum wage. From 01/01/2018, the minimum wage is 9489 rubles. (art. 3 federal law dated December 28, 2017 No. 421-FZ). Accordingly, if any of your employees receives a salary (salary + compensation / incentive payments) less than this value, then his salary needs to be increased.

Salary of an accountant and chairman of the housing cooperative

The issue of establishing the amount of wages for employees and remuneration to the chairman is not mandatory for inclusion in the charter. Therefore, if this is not stipulated in the charter, then before making changes to it, I believe, we must proceed from the fact that the expenditure of funds from the housing cooperative is possible only in accordance with the estimate, and the estimate, as a rule, is approved at a general meeting (conference) of members of the housing cooperative.
model charter housing-construction cooperative, created in order to provide residential premises certain categories citizens under the law Russian Federation, approved by Decree of the Government of the Russian Federation of June 6, 2012 N 558.

Features of the salary of the chairman of the HOA

And yet, can a salary or salary be less than the minimum wage? Consider the options when an employee can receive less than the minimum wage or his salary is less (which is not the same thing):

The salary may be less than the regional indicator if the organization has not joined the regional agreement in accordance with Art. 133.1 of the Labor Code of the Russian Federation (i.e., within 30 days after the publication of the proposal, it sent objections).
employee salary ( fixed payment per month) can be less than the minimum wage only in 1 case: if the employee, in addition to him, receives incentive payments, compensations and allowances (confirmed by the definition of the Supreme Court of the Russian Federation of August 30, 2013 No. 93-KGPR13-2). However, district coefficients should not be included in these categories.

Can the salary be less than the minimum wage in 2018?

In the general case, the salary is calculated according to the formula: ZP \u003d O + K + P, where O is the salary or rate, K is compensation, P is bonuses and other payments in the form of incentives. However, according to labor law, below the size of the minimum wage (MW) should not be the level of payment for the monthly work of the employee, and not his rate or salary.

And if the salary consists not only of a salary, then setting the latter at a level below the “minimum salary” is not a violation. If the salary is less than the minimum wage, but there is a bonus and / or compensation, then this is acceptable.
Of course, provided that the amount in aggregate reaches the minimum wage guaranteed by the state or region. But if the salary consists of only one salary (rate), it cannot be lower than the minimum wage.
But this is a general case to which there are exceptions.

What to do if the salary is below the minimum wage

Attention

Lunches for employees: whether to charge personal income tax and contributions In the case when the employer, under the terms of the local act, pays for meals to his employees, he must charge insurance premiums and personal income tax from such lunch amounts, the Ministry of Finance believes.< … Главная → Бухгалтерские консультации → Оплата труда Актуально на: 25 января 2018 г.

The salary of an employee who has fully worked out his norm of working time for a month cannot be less than the federal minimum wage (Article 133 of the Labor Code of the Russian Federation). In this regard, many employers are asking questions: what to do if the salary is below the minimum wage, and can the salary be lower than the minimum wage? The salary may be less than the minimum wage. After all, the salary includes not only the salary itself, but also compensation payments(for example, various allowances for working conditions), as well as incentive payments (for example, bonuses) (art.
129 of the Labor Code of the Russian Federation).

How can you make it legal to pay less than the minimum wage?

Important

What threatens the employer if the salary is less than the minimum wage The competent authority will check whether it was possible to pay a salary less than the minimum wage And yet, whether the salary or salary can be less than the minimum wage What threatens the employer if the salary is less than the minimum wage The minimum wage (minimum wage) is a constantly changing value so it needs to be tracked. Its size is established by amending the law "On the minimum wage" dated June 19, 2000 No. 82-FZ.

As of July 1, 2017, it was 7,800 rubles. from 01/01/2018 it is equal to 9,489 rubles, but this is not the limit (see more about this in our article “The size of the minimum wage from January 1, 2018 in Russia”), since in Art. 421 of the Labor Code of the Russian Federation states that it is planned to increase it to the subsistence level. This will also be in line with Russia's obligations to the Council of Europe.

The obligation to adhere to the minimum wage is laid down in the Constitution of the Russian Federation (Articles 7, 27), the Labor Code of the Russian Federation (Articles 133, 133.1) and Law No. 82-FZ (Articles 2, 3).

How is the salary of the chairman of the HOA calculated: for what does he receive remuneration

Since the board is the lowest collegiate 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 founding document of a partnership is its Articles of Association.

There are two solutions:

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

The claim must indicate:

information about the claimant;
the name and address of the partnership;
the period for which the remuneration was not paid;
proof that the work was actually done.

Copies of all supporting documents should be attached to the statement of claim - for example, on repairs or landscaping. The facts that the chairman "did not sit idle", but worked for the benefit of the tenants, will help the court to make a fair decision.

Apartment building On the basis of Part 2 of Art.
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 to the chairman.
The remuneration can be assigned both for the actions of the chairman aimed at the performance (control over the performance) of a single work, and for the total performance of labor duties. In order for a decision to be made, at least 50% of all those present must vote (votes are counted without exception - that is, 1 owner = 1 vote).
If the remuneration has been 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 increasing Art. 145 Lived. Code of Russia, the issue of regulating the amount of remuneration of the chairman of the HOA is assigned to the exclusive authority of the general Council of the partnership.

Should the salary of the chairmen of the housing cooperative correspond to the minimum wage

It turns out that tenants may not hold extraordinary meetings at all, limiting themselves only to the mandatory annual meeting. 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 an apartment building. And although the right to decide whether to pay money to the chairman or leave him without remuneration is within the competence of the general meeting, you can still apply to the regulatory authorities if it is obvious that the chairman is active, results are visible, but no one wants to pay him money.
When the salary is less than the "minimum wage" Labor Code a reservation was made: it is unacceptable to pay an individual a salary below the minimum value in the event that he conscientiously works out the time limit set for him. In other words, if an employee works 5 days a week full time and fulfills his official duties, he must receive at least the minimum wage.
And can the salary be less than the minimum wage for part-time employment? Certainly yes. Individuals who work reduced hours, such as a few days a week or 3-4 hours a day, may receive less than the minimum wage. At the same time, the proportions must be preserved, that is, for half of the working time, the employee must receive at least half of the minimum wage in force in the region. Is tax taken into account As you know, the income of employees is subject to personal income tax.

In order to understand what kind of person this is, called the chairman of the board of the housing cooperative, as well as what he does, you will need to refer to theoretical manuals and sources that somehow regulate the procedure.

In connection with the activities carried out, the head of the housing cooperative is a person who carries out his activities in accordance with the vested managerial powers, and his position is elective. The chairman of the housing cooperative and the chairman of the board of the housing cooperative are one person.

At the same time, the head of the housing cooperative is elected for a certain line established by the charter, and carries out activities in accordance with the contract.

IMPORTANT: There is a provision that regulates the activities of the chairman of the board of housing cooperatives, prescribes his main powers. If we talk about legislative sources, then article 148 of the Housing Code prescribes the duties of the chairman of the housing cooperative, which are provided for by the charter.

What is the difference between him and the manager?

Very often, the position of the head of the housing cooperative is confused with other, no less popular and important positions in these organizations. So, for example, many owners of tenants of an apartment building do not understand what is the fundamental difference between the housing cooperative manager and the chairman. Perhaps one of this position is superfluous, and the owners fork out for the wages of these persons in vain.

In fact, there are fundamentally important differences between the head of the housing cooperative and the manager.

The manager is a person who is empowered to control the performance of the activities of housing cooperative workers, communicate and communicate with residents of apartment buildings, and also performs activities related to the reception of citizens.

And the chairman of the board of the housing cooperative is a person who also performs control functions, but he does not directly control the organization, as well as the persons who carry out the work. Control is carried out in general and mostly nominally, on paper, in accordance with which the chairman decides on the need or vice versa, the uselessness of any work.

REFERENCE: Also, the head of the housing cooperative is vested with the right to sign all documents of the housing cooperative, whether it is payment papers or an act of acceptance of work, has access to financial statements.

The manager may also be empowered to sign papers, but this is more related to the work acceptance plan that the workers have made.

Therefore, it can be concluded that the manager rather performs an executive function replacing the head of the housing cooperative for a while, but, in general, his powers are not as broad as those of the head of the housing cooperative, and do not extend to the financial sphere of relations with residents.

Rights and obligations

It is important to pay attention to the rights and obligations of the head, which are prescribed not only by the charter, but also by such an important document as the regulation on the chairman of the housing cooperative. So, First, let's talk about the duties of the chairman of the housing cooperative, because. there are more than right.

As you can see, at this person a lot of responsibilities. Since a lot of responsibility is entrusted to him, the chairman of the housing cooperative can be said to be irreplaceable.

However, the chairman of the housing cooperative also has rights, and residents must also reckon with them. Let's consider them.

The range of rights is somewhat narrower than duties, but this is required by job descriptions and the charter of this organization.

How is it chosen and by whom?

Let's talk about who chooses the head of the housing cooperative, because this is very important for those who intend to join the housing cooperative in the near future. This person is chosen by the owners of real estate in an apartment building, that is, members of the housing cooperative.

IMPORTANT! The appointment of the head of the housing cooperative by administrative bodies is impossible, since this is completely the choice of residents. At the same time, you must remember that this person is elected only from among the members of the board.

The procedure for electing the head of the housing cooperative

As we have already said, the head of the housing cooperative, the chairman, is elected from the members of the board, that is, any person who owns real estate in an apartment building can become it. Therefore, familiarize yourself with the candidates and only after that you can make a choice. In order to carry out such a procedure, it is necessary to convene a general meeting of residents.

At the meeting, the main competitors will present their candidacies, get acquainted with the residents.

After that, the secretary of the meeting will be asked to vote for one or another candidate.

So, votes are given in accordance with the listed candidates. The person with the most votes is the winner. However, you can always appeal the procedure if you feel that your rights have been violated. Remember that the head of the housing cooperative is elected for 2 years. The charter of the housing cooperative tells us about this.

Documentation of the procedure for hiring the head of the housing cooperative

So that in the future the administrative authorities, as well as the Housing Inspectorate and the State Housing Supervision Authority, do not have questions about the basis on which documents the chairman of the housing cooperative was elected, during the meeting the secretary keeps a protocol that records all the main theses and incidents that took place be at the meeting. It is in the minutes that the votes are counted.

ATTENTION: Thus, the whole course was recorded, which means that no one will have any questions about the basis on which the head of the housing cooperative was elected. This document in without fail must have their copies, as well as be available at the office of the housing cooperative.

Upon selection, an employment contract is concluded with the chairman of the housing cooperative. This document contains the following items.

An employment contract can be drawn up according to a standard sample form that you can find on the Internet or draw it up yourself.

The document is drawn up between the owners of the property and the person who is to take over as chairman.

How is salary formed and how is it paid?

There is no such thing as the salary of the chairman of the housing cooperative. The question arises - how to pay the chairman of the housing cooperative? This person does not have a fixed rate, but all because some tenants may be indignant, because not everyone believes that the work of the chairman is necessary, and do not delve into the nuances.

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

Once a quarter, the head of the housing cooperative is obliged to report to the tenants on how much has become his income for the current month.

Therefore, tenants also have the right to control the income of the head of the housing cooperative, especially since it is completely made up of deductions from tenants.

What is the chairman's responsibility?

The chairman is a person who, in addition to rights and duties, bears responsibility.

Namely, the head of the housing cooperative is responsible for all actions that were carried out not only by him, but also by other employees.

The responsibility of the chairman of the housing cooperative may be administrative if he violated any regulations.

Liability can also be in a situation where the head of the housing cooperative has spoiled something, or in some other way influenced the fact that the residents and the apartment building as a whole incur losses.

There is a possibility of obtaining criminal liability in a situation if the head of the housing cooperative has committed a crime. If follow judicial practice, most often you may encounter the fact that the chairman is assigning Money, fraud.

How does the change take place?

The change of the head of the housing cooperative occurs when the term of the employment contract expires. In some situations, when the chairman himself or the residents want it, the meeting decides on the early dismissal of the chairman of the housing cooperative from his position. We will analyze the situation in which the term of the employment contract has expired.

After the term of the contract has expired, a meeting of tenants meets, new candidates are considered. A person is selected who is appointed by the chairman of the housing cooperative. Within two weeks, the old chairman should bring the new one up to date, help with the paperwork, familiarize with the reporting.

Conclusion

The position of the head of the housing cooperative actually has a lot of nuances that you need to familiarize yourself with before nominating your candidacy for elections. Remember that this is not only a big income, but also a big responsibility, so take it into account official Seriously.

Residents can form a housing cooperative to manage their own cooperative home. Each housing cooperative should have a chairman who represents the interests of the cooperative and deals with some problems of the residents of the house. In our article, we will find out the answers to questions about what the chairman of the housing cooperative is and what obligations he has, and also consider the issue of dismissal.

Who is the chairman of the housing cooperative

To manage a housing construction cooperative (HBC), residents of the house are required to elect a chairman. This rule is enshrined in the Housing Code of the Russian Federation. The head of the housing cooperative should be involved in solving the problems of residents, and the chairman is elected from among the residents of the house themselves. All rights and obligations of the chairman of the housing and communal services are spelled out in a special charter of the housing cooperative. This charter states that the chairman of the board must perform his duties with dignity, and he must work in the interests of the cooperative. For violation of the rules of the charter, the chairman may be held liable before the law. Let's find out who can be the chairman of the housing cooperative of an apartment building:

The minimum age is 18 years old.
The person who plans to become the head is a member of the cooperative.
The person knows the laws of the Russian Federation.

Regulation of the activities of the head of the housing cooperative is carried out on the basis of Article 119 of the Housing Code of the Russian Federation. This article reads as follows:

The head of the cooperative is selected from among the members of this cooperative, and the term of office is regulated by the charter of the cooperative.
The activities of the head of the cooperative should be aimed at ensuring the implementation of the decisions of the cooperative. The leader of the housing cooperative is also involved in formalizing external transactions and representing the interests of members of the cooperative.
The head of the housing cooperative must conscientiously and reasonably act in the interests of the housing cooperative.

Rights and obligations

The duties of the head of the housing cooperative are enshrined in the charter of the cooperative. The head of the housing cooperative must know the laws of the Russian Federation, and the activities of the cooperative must be carried out in accordance with the current legislation of the Russian Federation.

The job description of the chairman of the housing cooperative states that the head has the following responsibilities:

Regulation of issues of current, major and extraordinary repairs.
Regulation of the provision of housing and communal services.
Quality control of services provided to residents. If the head of the housing cooperative finds that the residents of the cooperative are provided with poor quality services, then in this case the chairman must recalculate the payments paid.
Ensuring the operability of various equipment, premises and non-residential buildings that belong to a housing construction cooperative.
Storage of documents of residents of the cooperative (documents confirming ownership, various certificates, extracts, and so on). Also, the head of the housing cooperative, at the request of the tenants, must issue these documents to them.
Representing the interests of the cooperative in public and private institutions that deal with the technical and operational maintenance of the house.
Maintenance and control of documentation, financial statements and so on.
Carrying out banking operations.
Checking the correctness of calculations for the services provided (both at the request of residents and independently).
Control of redevelopment by residents of premises, non-residential facilities and common areas.
Various activities that are aimed at maintaining the improvement of buildings and the integrity of structures.
Acceptance of the wishes of tenants that relate to the improvement of the house.
Drawing up a plan for future work, as well as drawing up reports on all work performed (a new plan and report are drawn up every quarter).
Conducting board meetings.
Some other duties that chairmen have based on the job description of the company.

The head of the housing cooperative also has some rights:

Operational and technical control premises used and occupied by residents. In case of detection of critical violations, the head of the housing cooperative has the right to demand that the tenant eliminate the violations.
If in the event of an emergency there is a risk of damage to the property of residents, then in this case the chairman can enter the premises to eliminate and prevent the occurrence of an emergency (but only after agreement with the owners of the premises).
Recruitment of personnel to perform their duties (however, the approval of a person is still the responsibility of the residents of an apartment building).
Hired personnel management.
During the voting of residents on a particular issue, the chairman of the board has the right to critical vote (this right is used if the number of votes on a particular issue is equal).
Giving members of the board separate powers to carry out certain operations.
Disposition of cooperative money that was allocated to pay for small expenses (purchase of paper, stationery, and so on).
Filing lawsuits in case tenants violate their obligations.
Registration and issuance of documents to tenants of an apartment building.
The person holding the position of head may leave his position ahead of schedule after agreement, as well as in some critical cases (a few examples are a serious illness, moving, and so on).

Also, let's find out what the chairman does not have the right to:

Entry into housing without permission.
Misappropriation of cooperative funds.
Dismissal of staff without the permission of the cooperative.
Performing actions that are contrary to the rules current legislation(This rule also applies to the decisions of meetings).
Carrying out various actions that may harm the legitimate interests of residents.

Hiring the head of housing and communal services

The head of the board of the housing cooperative is elected at the general meeting of the members of the cooperative. After the election, the tenants must conclude a special labor contract with the new chairman. In this case, the chairman of the board acts as an employee, and all participants in the cooperative act as an employer. The head of the board for his work must receive a certain salary from the tenants of the house. After the election, it is necessary to draw up an estimate that will take into account the cost of wages.

Sizing wages carried out by market methods. In other words, it is not the state that determines the size of the salary, but the residents themselves. If necessary, oral auctions may be used to determine the amount of wages. The size of the salary is influenced by such parameters as the terms of reference of the head of the housing cooperative, the region of residence, the size of the cooperative, and so on. Usually in Moscow, the salary is 20-30 thousand rubles; in St. Petersburg, this figure ranges from 15 to 25 thousand rubles; in other regions they usually pay 10-20 thousand rubles.

Possible problems and solutions

Now you know what a chairman should do and how he is hired. Let's now learn about some of the popular problems tenants may face after hiring a chairman:

The head of the housing cooperative refuses to issue the documents that he is obliged to issue if members of the cooperative apply. Most often, the following situation arises - every month the tenants deduct money to the fund for the maintenance of the cooperative, but the chairman refuses to provide the tenants with reporting documents that confirm the intended use of funds. If the head of the housing cooperative does not issue documents, then in this case, the tenants must arrange a meeting of owners. At this meeting, a decision to conduct an audit should be made. After that, it is necessary to provide the head of the board with a document on the decision of the meeting, in which he must sign. If he refuses to sign the document, then in this case it is necessary to hold another meeting, at which a decision should be made to hold tax audit. After that, the decision on the verification must be sent to the tax office at the place of residence. After that, employees tax service must conduct an inspection, and if any violations are found, the service can send a report on the violation to the Prosecutor General's Office, on the basis of which a criminal case can be initiated.
The head of the housing cooperative is illegally embezzling money. If the owners of apartments in the cooperative have convincing evidence that the chairman misappropriated their money, then in this case you need to contact the police. One of the main documents that confirms the fact of theft is tax reporting, which shows that the chairman spent the money for his own personal needs (however, it must be remembered that in the event of theft, the tax report is usually transferred to the police by the tax officials themselves). After that, the police must investigate and initiate a criminal case; after that, the case will go to court to determine the punishment.
Drawing up a complaint in case the chairman does not fulfill his duties. Also, members of the cooperative can file a complaint against their chairman. The main instances are the administrative court, the prosecutor's office, the police, local governments, the labor inspectorate and some other bodies that deal with such complaints.
Dismissal of the head of the housing cooperative if he does not fulfill his duties. If the management of the cooperative believes that it has hired a bad chairman, then it can fire him. For dismissal, it is necessary to hold a meeting at which the issue of dismissing the old and appointing a new chairman should be considered. Early dismissal of a person is possible only for good reasons. The main cases are theft and embezzlement of funds that belong to the cooperative, gross violation of the rules, repeated disregard for their duties, and so on. To hold the meeting, it is necessary to invite not only the residents, but also the chairman himself; if the chairman does not come to the meeting, then this fact can be regarded as a gross violation, and in this case the meeting can be held without the chairman. Also, the chairman may leave his office on own will, but the last word remains with the tenants anyway. The chairman can leave his position without approval only if there is a serious reason (illness of the chairman, change of residence, and so on). After the dismissal of the old chairman, a meeting should be held at which a new chairman should be elected. All decisions of the meeting must be submitted to the Unified State Register of Legal Entities, which stores information about all positions held by certain people.

Conclusion

Now you know what rights and obligations a housing cooperative manager has. Let's summarize. Members of a housing cooperative must elect a chairman of the board at the meeting. This person will deal with some of the problems of the tenants; also this person will represent the interests of residents in public and private organizations. The chairman has the following responsibilities - reporting, issuing documents, regulating repairs, organizing meetings, recruiting personnel, and so on.

The chairman of the board must receive a salary from the residents of the housing cooperative, the amount of which is determined by the residents themselves. If the tenants find that the chairman is not performing his duties well, they can fire him or hold him accountable. You can get advice on the rights and obligations of the head of the cooperative right now. Get free consultation right now to keep abreast of new amendments to the Housing Code of the Russian Federation. The consultant will be able to solve exactly your problem quickly and free of charge.

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