APPEAL to the prosecutor exposing the manager as part of the HOA

A. The position is not introduced by the proper management body

Example: In Protocol No. 2 on item 3 of the agenda, a decision was made

Introduce the position of managing foreman and appoint Denis Borisovich to the position.

Thus, documentary evidence was obtained that it is not the general meeting - but the board that introduces certain positions, whereas according to clause 10, part 2 of art. 145 of the Housing Code of the Russian Federation, this authority applies toexclusive competence of the general meeting

B. The approval of the job description was not carried out by the appropriate management body

Example: In Minutes No. 3 of the board meetingdated 05/01/2013) the following decisions were recorded

According to clause 1 - Approve the draft staffing table for the maintenance of the staff of the HOA employees.

According to clause 4 - Approve the job descriptions of the HOA in accordance with the HOA staff.

At the same time, approval of job descriptions and decision-making regarding staffing is assigned by law toexclusive competence of the general meeting (clause 10, part 2, art. 145 Housing Code of the Russian Federation)

B. Crime under Article 330 of the Criminal Code of the Russian Federation - family members settled down well under each other’s command

Example: Judging by Protocol No. 4meeting of the HOA board on June 20, 2013, (Appendix No. 00) it was decided e

1.Fire D.B. from the position of managing foreman at his own request from 06/20/13 and accept Alexander Vasilyevich to the position of managing foreman from 06/21/13 with the approval of the board, in accordance with 5.3 of the Regulations on the HOA Board "in order to avoid a conflict of interests between the interests of the chairman of the HOA board and the interests of the HOA.

Protocol No. 4 documents the fact of a conflict of interest - withaccording to Part 1 of Art. 27 of the Federal Law “On Non-Profit Organizations”

“persons interested in the performance of certain actions by a non-profit organization, including transactions, with other organizations or citizens (hereinafter referred to as interested parties) are recognized as the head (deputy head) of a non-profit organization, as well as a person who is part of the management bodies of a non-profit organization or supervisory authorities over its activities, if these persons have labor relations with these organizations or citizens, are participants, creditors of these organizations, or are in close family relationships with these citizens or are creditors of these citizens. At the same time, these organizations or citizens are suppliers of goods (services) for a non-profit organization, large consumers of goods (services) produced by a non-profit organization, own property that is fully or partially formed by a non-profit organization, or can benefit from the use and disposal of property of a non-profit organization.

Interest in the performance of certain actions by a non-profit organization, including transactions, entails a conflict of interests between the interested parties and the non-profit organization.”

Thus, the appointment of the husband of the chairman of the board of the HOA to the position of managing foreman with the right of a family member of the managing foreman to sign for him time sheets and payroll statements for the payment of remuneration to him from the funds of the partnership creates a clear conflict of interest.

In the case under consideration, the interested person - the chairman of the board - used his official position in his family interests contrary to the goals of the organization, and therefore there is a basis for bringing the chairman of the board to criminal liability under Art. 330 of the Criminal Code of the Russian Federation (Arbitrariness).

To give the appearance of legality, the text of the so-called “decision” of the board meeting included considerations approving the violation of the law by the board. As established in paragraph 3 of this appeal, there was no reason to include in the text of the decision a reference to a clause of a document that did not exist at that time

D. Another criminal offense: an individual in a regular position of “manager”.

Example: The position “managing foreman” cannot be found in any labor reference book; there is the position of “manager” or the position of “master”.

But the HOA does not have the right to hire an individual to the position of manager, in accordance with clause 1 of the Rules for the implementation of activities for the management of apartment buildings, approved by Government Decree No. 416 of May 15, 2013. The HOA has the right to enter into a management agreement with the manager organization (legal entity). A similar restriction is specified in Art. 2.2 Art. 161 of the Housing Code of the Russian Federation - HOAs have the right to conclude a management agreement with the organization.

Meanwhile, “managing master” A.V. – being a hired employee (the position is “managing master”), in relations with third parties, taking advantage of their legal ignorance, he presents himself as a “manager”. Therefore, in all refusals to initiate criminal cases, you can find the standard phrase:

“Interviewee HOA manager A.V. showed..."

The described actions contain, in our opinion, signs of a criminal offense under Art. 159 of the Criminal Code of the Russian Federation - the acquisition of the right to someone else's property by deception or abuse of trust, and fraud committed by a person using his official position, as well as on a large scale, is punishable by imprisonment for up to six years.

WHAT DO WE CONCLUDING THE APPEAL?

According to paragraph 6 of Art. 138 Housing Code of the Russian Federation

The homeowners' association is obliged to ensure compliance with the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for the ownership, use and disposal of common property.

The law provides for the obligation of the partnership to ensure compliance with the requirements ... of federal laws, other regulatory legal acts, as well as the charter of the partnership (Clause 1 of Article 138 of the Housing Code of the Russian Federation) and to manage the apartment building in the manner establishedSection VIIIHousing Code of the Russian Federation (Clause 2 of Article 138 of the Housing Code of the Russian Federation)

Administrative expenses (including maintenance of administrative and managerial personnel) are included in the costs of “Maintenance and repair of common property.” At the same time, only the general meeting of members has the right to approve the estimate of income and expenses, which includes the costs of “Maintenance and repair of common property” (clause 8.1, part 2, article 145 of the Housing Code of the Russian Federation), but not the board of the HOA

By making obviously illegal decisions, the board of the partnership opened up the possibility for uncontrolled spending of funds collected from residents in their own interests, which allows us to reasonably assume the presence of the following crimes

- Art. 160 of the Criminal Code of the Russian Federation – Misappropriation or embezzlement

- Art. 165 of the Criminal Code of the Russian Federation – Causing property damage by deception or abuse of trust

Art. 330 – Arbitrariness

In addition, the HOA does not have the right to pay wages to any of the staff in the absence of proper primary documents - decisions of the general meeting. In this connection, there is a basis for bringing to responsibility on the grounds of administrative and legal violations of the Code of Administrative Offenses of the Russian Federation:

- Art. 15.11. Gross violation of the rules of accounting and presentation of financial statements

- Art. 15.27. Failure to comply with the requirements of legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism

All funds received as wages must be returned from the company’s cash desk, and an appropriate recalculation must be made with the owners

Because the the legitimate interests of the owners of the premises, including mine, were grossly infringed, I am applying for state protection in accordance with Art. 33 and 45 of the Constitution of the Russian Federation

Tricky point

I am aware that reports of a committed or impending crime cannot serve as a basis for bringing the applicant to civil liability under Article 152 of the Civil Code of the Russian Federation, since in this case the citizen exercised his constitutional right to contact the authorities that are required by law verify the information received, and not disseminate defamatory information that does not correspond to reality.

NOTE: this mention was deliberately inserted, which we know... So that there would not be even a hint of a basis for prosecution for false denunciation

Based on the above, I ASK

- make a legal assessment of the actions of the so-called HOA leaders

- instruct the relevant law enforcement agencies to conduct an inspection and, if sufficient signs of criminal offenses are identified, initiate criminal proceedings;

- instruct the relevant supervisory government agencies to conduct an investigation into the facts of offenses and draw up appropriate protocols on administrative and legal violations

Application

Applicant

appeal for copies - to the Ministry of Internal Affairs and to the State Housing Inspectorate

Corrupt officials from GZHI will begin to come up with something to save

The officials from the Ministry of Internal Affairs - as a rule - will stupidly miss all the deadlines - or will issue a ruling that there are no grounds for initiating a criminal case

THIS IS COMPLETELY ENOUGH to drag everyone to court under Chapter 25 of the Code of Civil Procedure or under Art. 125 of the Code of Criminal Procedure of the Russian Federation - within 10 days, listen with contempt to their pathetic excuses, and hammer them in the tail and mane

Templates are all designed

1. GENERAL PROVISIONS 1.1. The Conflict of Interest Regulations is an internal document of the Veteran Home Owners Association (hereinafter referred to as the HOA), which establishes the procedure for identifying and resolving conflicts of interest that arise among HOA employees in the course of performing their job duties. 1.2. The Regulations on Conflicts of Interest of the HOA (hereinafter referred to as the Regulations) establishes the circle of persons interested in carrying out certain actions, including transactions, with other organizations or citizens. 1.2. The Regulations apply to all employees of the enterprise, regardless of the level of their position. The interested parties are understood as: - the head - the chairman of the board of the HOA; - employees acting on the basis of an employment contract or civil law contract. 1.3. A conflict of interest is understood as a situation in which the personal interest of the persons specified in clause 1.2 of these Regulations affects or may affect the performance of their professional duties and (or) entails the emergence of a contradiction between such personal interest and the legitimate interests of the HOA, or the threat of a contradiction. , which could lead to harm to the legitimate interests of the HOA. 1.4. Under the personal interest of those specified in clause 1.2. of this Regulation, persons are understood to have a material or other interest that affects or may affect the provision of the rights and legitimate interests of the HOA. 1.5. Requirements regarding the inadmissibility of conflicts of interest apply to both interested persons and close relatives of interested persons if they are involved in situations involving a conflict of interest. Close relatives should be understood as spouses, children, parents, brothers and sisters, parents of a spouse and persons living together with them. 2. PRINCIPLES OF WORK FOR MANAGING CONFLICTS OF INTEREST 2.1. The work on managing conflicts of interest in HOAs is based on the following principles: - mandatory disclosure of information about real or potential conflicts of interest; - individual consideration and assessment of reputational risks for the enterprise when identifying each conflict of interest and its resolution; - confidentiality of the process of disclosing information about conflicts of interest and the process of resolving it; - maintaining a balance of interests of the enterprise and the employee when resolving conflicts of interest; - protection of the employee from prosecution in connection with reporting a conflict of interest, which was promptly disclosed by the employee and resolved (prevented) by the enterprise. 3. RESPONSIBILITIES OF EMPLOYEES 3.1. This Regulation establishes the following responsibilities of employees in connection with the disclosure and resolution of conflicts of interest: - when making decisions on business issues and performing their job duties, be guided by the interests of the enterprise - without taking into account their personal interests, the interests of their relatives and friends; - avoid (if possible) situations and circumstances that may lead to a conflict of interest; - disclose any emerging (real) or potential conflict of interest; - assist in resolving conflicts of interest that have arisen. 4. WAYS TO RESOLUTE CONFLICTS OF INTEREST 4.1. The HOA establishes such types of disclosure of conflicts of interest as: - disclosure of information about conflicts of interest when hiring; - disclosure of information about conflicts of interest when transferring to a new position; - one-time disclosure of information as situations of conflict of interest arise, etc. 4.2. Consideration of information provided by the HOA and resolution of conflicts of interest occurs confidentially. The received information is carefully checked by an authorized official in order to assess the seriousness of the risks arising for the enterprise and select the most appropriate form of resolving conflicts of interest. 4.3. The HOA may come to the conclusion that the situation, information about which was provided by the employee, is not a conflict of interest and, as a result, does not require special methods of resolution. 4.4. The HOA may also come to the conclusion that a conflict of interest exists and use various ways to resolve it, including: - limiting the employee’s access to specific information that may affect the employee’s personal interests; - voluntary refusal of an enterprise employee or his removal (permanent or temporary) from participation in the discussion and decision-making process on issues that are or may be influenced by a conflict of interest; - review and change of the employee’s functional responsibilities; - temporary removal of an employee from his position if his personal interests conflict with his functional responsibilities; - transfer of an employee to a position involving the performance of functional duties not related to a conflict of interest; - transfer by the employee of property belonging to him, which is the basis for the emergence of a conflict of interest, into trust management; - the employee’s refusal of his personal interest, which creates a conflict with the interests of the organization; - dismissal of an employee from the enterprise at the initiative of the employee; - dismissal of an employee at the initiative of the employer for committing a disciplinary offense, that is, for failure to perform or improper performance by the employee, through his fault, of the labor duties assigned to him. The given list of ways to resolve conflicts of interest is not exhaustive. In each specific case, by agreement of the HOA and the employee who disclosed information about the conflict of interest, other forms of its resolution can be found. 4.5. When resolving an existing conflict of interest, you should choose the most “mild” settlement measure possible, taking into account the existing circumstances. More stringent measures should be used only when there is a real need or if “softer” measures have not been effective enough. When deciding on the choice of a specific method for resolving a conflict of interest, it is important to take into account the significance of the employee’s personal interest and the likelihood that this personal interest will be realized to the detriment of the interests of the enterprise. 5. DETERMINING PERSONS RESPONSIBLE FOR RECEIVING INFORMATION ABOUT A CONFLICT OF INTEREST AND CONSIDERATION OF THIS INFORMATION 5.1. HOA believes that interested parties will conduct business relating to the enterprise with other persons, based solely on the interests of the enterprise and its employees, without patronage or preference of third parties , which are based on personal considerations. 5.2. Determining the officials responsible for receiving information about emerging (existing) conflicts of interest is an essential element in the implementation of anti-corruption policy. This person could be the chairman of the board, the chief accountant, or the board of the HOA. 5.3. Review of the information received is carried out by the Commission for Compliance with Corporate Ethics and Resolution of Conflicts of Interest. 5.4. Interested parties must immediately report any conflict of interest, indicating its parties and essence, to the persons specified in clause 5.2. of this Policy, and until advice is received, avoid any relationships or actions that may interfere with making objective and honest decisions. 5.5. If a member of the Commission and an interested party are the same person, such member(s) of the commission does not take part in the discussion of the conflict of interest and voting. In the event that a conflict of interest concerns the chairman of the board, he also does not participate in decision-making on this issue. 5.6. This Statement does not attempt to describe all possible conflicts of interest that may arise. They should be resorted to in any situation where the personal interest of the interested party conflicts with the interests of the HOA.

The good, correct in principle idea of ​​uniting owners into a Partnership, unfortunately, turned out to be largely discredited by far from isolated cases of various negative phenomena that manifested themselves in practice during the functioning of a number of HOAs. Quite a large part of the population has developed, to put it mildly, a not entirely enthusiastic attitude to the HOA.

Sometimes things go to such extremes that they could be classified as curiosities if it weren’t so sad.

A typical example from practice. One of the housing maintenance organizations (ZHEO), agitating residents to choose it as a Managing Organization, used unusual “strong” arguments.

Workers of housing and communal services, trying to figure out how to win residents over to their side, began to declare as a last “killer” argument: “Vote for us, otherwise we will send you to the HOA.”

And this is 2008, when work was launched at the federal, regional and local levels “for” HOAs! On the one hand, there are real negative phenomena that actually occur in the practice of HOA functioning, and on the other hand, unfounded myths, rumors and fears about HOAs that have accumulated in sufficient quantities gave rise to a situation where these three letters became frightening for some residents.

Workers in the housing and communal services sector are sufficiently informed about the negative phenomena that take place in the houses of HOAs, located like islands within the service area of ​​specific housing cooperatives. Mostly around rare HOAs there are so-called former municipal buildings, which in most cases serve the former housing cooperatives, although they have transformed into private companies. At the level of residents and local housing and communal services, the exchange of information is established quite well through word of mouth.

One part of the houses in which HOAs have been created are serviced by the same local housing and communal services. The second part has already hired other organizations. And the third part is self-governing.

We need to figure out what we have accumulated here that is truly negative and mythical during the period of the HOA’s activity.

Firstly, first about the myths. The article by Alexander Kozlov, head of the Volgograd School of Housing Education, “Misconceptions and myths about housing and communal services reform,” deserves attention here and is recommended for review.

Secondly, let's try to take a closer look at actual practice.

A significant role in the negative perception of HOAs was played by one of the circumstances, which is clearly little talked about. We are talking about a structural conflict of interests in certain forms of HOAs. This conflict, unfortunately, is embedded in the Housing Code.

First of all, let us turn to such important concepts as “the role of the Chairman of the HOA” and “the role of the Manager.” The owners, having created the HOA, elected the Board, the Chairman, and the Audit Commission, essentially received a structure designed to defend their interests.

That is, in other words, the Chairman of the Board of the HOA is the spokesman for the interests of the HOA members, owners, and residents.

He is ours, he is on our side.

What is our interest, as residents, in our home? We are all interested in having comfortable and safe living conditions in our home, and having the housing and communal services we need. And we are interested in paying for all this an acceptable price that is feasible for us.

Most of us are satisfied with the optimal combination of price and quality. Most agree on neat staircases, facades, entrances to the house, elevators without inlays with precious stones, gold leaf, etc. excesses.

In the same way, the majority is in favor of ensuring that the entrance does not look like a cattle shed, so that it is not embarrassing to invite guests into your home.

It is these interests of ours that the Chairman of the Board of our HOA should defend in his daily activities.

This, by the way, coincides with his interests as a resident of our house.

He was chosen to be a representative of our collective will, our collective Order for the level of housing and communal services we required, which we agreed to pay accordingly.

The Chairman implements the joint decisions we have made. This is his role. And for this purpose we elected him from among our members, as one of us.

In the person of our Chairman, we see our common Main Customer of the housing and communal services we need. But his job is not only to place our annual Order one-time, but also to monitor its execution on a daily basis, making accurate monthly payments to the contractors who have undertaken to fulfill our Order. Our Chairman has the right to sign payment documents. He pays monthly with our money for the housing and communal services provided to us around the clock.

Let us now look at the role of the House Manager and his interests.

For the Manager, his work is his source of income.

The interest of any employee is simple and understandable. The situation when you work a lot and get little is clearly not in the interests of the employees. If, on the contrary, you work not so much but get paid well, then this usually does not cause indignation. Refuse the bonus and high salary , to consider it excessive is not a completely common occurrence.

Questions of your personal income, questions of the amount of your own labor invested - these are the interests of the Manager.

Working less and getting more is the natural interest of an employee.

The main interests for the Manager, therefore, are the optimal combination of personal income with the time and effort expended.

A specific house, its condition, today and future - these are questions for the Manager, but at least of a lower rank.

He received from the house, represented by the Chairman of the HOA, a formulated and completed Order for a certain level of housing and communal services.

The Manager, for a certain fee, undertakes to ensure the professional execution of this Order. The Manager appears before us in the role of the Main Executor, the organizer of the execution of our Order.

Of course, the more income the Manager manages to generate for himself personally, the better for him. The lower the level of demands placed on him from customers, from their Main Customer, the less effort the Manager will put into executing the order and the less he cares about accuracy and completeness execution of the order.

And this, frankly speaking, is not at all the main thing that is important for us, the residents of the house. Moreover, we, with our Chairman at the head, want to pay less for housing and communal services, and the Manager wants to receive more for his work.

In fact, the Manager manages all work around the house, constantly keeping in mind his personal income. But he works as the Customer allows him, exactly as much as it meets the level of the Customer’s requirements.

Naturally, the Manager is interested in the assessment of his work by the Customer. The manager must do his job in such a way that the Customer is satisfied, does not reduce the amount of monthly payments, and does not look for someone else to manage the house.

But the Manager will not in his work excessively exceed the level of the Customer’s requirements. Thus, we see that the role and interests of the Chairman of the Board of the HOA and the Manager of the HOA are significantly different.

Very briefly, the essence of their relationship is that ONE WORKS AND THE SECOND PAYS FOR WORK. THEY ARE SITTING ON DIFFERENT CHAIRS. THE CHAIRMAN PAYS THE MANAGER.

Now let's think about what happens in the HOA in which full self-government has been chosen and all the functions of the Manager have been transferred to the Chairman.

That is, one person sits on two chairs. But this is not so bad. However, a situation where I cry to myself, evaluate myself - this, excuse me, is not an activity for the faint of heart. The clash of so many conflicting interests and responsibilities in one head gives rise to internal conflict.

For a decent person who sits on these two chairs at the same time, this is a severe test and even an increased threat to his mental health. You need to have some super-high qualities in order not to succumb to various kinds of temptations in financial and economic activities every day and hour and remain a decent person.

Moreover, you also need to have some kind of psychological super-resistance against “popular rumor”. And in such a situation, when all the main levers and means are concentrated in the hands of someone sitting on two chairs, there is rarely a “well-wisher” who generously shares with his neighbors his suspicions and doubts about the honesty and integrity of the Chairman.

For a person who is not entirely clean, the combination of two posts is fertile ground, a wide field for the use of one’s skills and inclinations. A self-governing homeowners’ association with a Chairman and a Manager in one person is far from a rare scheme for managing houses, and often main. Many ugly phenomena in HOAs owe their origin to this particular scheme.

The same goes for housing cooperatives.

Why does this scheme continue to exist? There are several reasons.

First of all, this scheme is legal. Secondly, we are all “dummies” to varying degrees when it comes to managing MKDs and are still just learning.

Thirdly, the gift of foresight is not our quality in this area. We are closer to the experience of learning from our own mistakes.

Fourthly, the prosaic money question. It costs more for one house to maintain a Chairman and a Manager. And basically our “Bolivar can’t stand two.” This scheme, not so little, but with success, worked on the negative image of the HOA also due to the underdevelopment of democracy and parliamentary skills in our apartment buildings. Mechanisms of transparency, openness, availability of information, pluralism of opinions, sometimes it seems that in our state they have developed much more than in many HOAs and housing cooperatives.

It is worth paying attention to one more feature of this scheme, which is very similar to the situation that occurs with the direct control method.

This is the highest degree of dependence of MKD management on one person.

And if today there is a person at the head who more or less or definitely suits all of us in the house, then over the long, more than hundred-year life of the house, will his successors be no worse? And who is already the second candidate in our house for this position, if Tomorrow, God forbid, for any reason the current Chairman will cease to serve in this post?

We continue to reflect on 38 MKD control schemes.

Vladislav Nitsevich

If the charter allows, then the chairman can be elected by a simple vote of the HOA members, but such a vote has its own nuances. The essence of voting is that the owner of an apartment with a larger area has more votes. Those. the larger the apartment, the more votes.

The HOA board is elected for a period of two years. After the expiration of the prescribed period, the board is re-elected by the members of the HOA again according to a similar scheme. The Chairman of the Board can hold this position for a maximum of two years. But during these two years, the chairman can be re-elected by the members of the partnership or independently resign from office.

If a candidate for the position of chairman is not a homeowner in the HOA, then he cannot become chairman.

In order for this candidate to legally take the position of chairman, there are two options for solving the problem:

• one of the relatives (for example, a wife) who is the owner gives the proposed candidate a share of the apartment or house;
• The HOA signs a number of documents, on the basis of which the candidate is hired as a manager vested with a number of powers; in this case it is important that the manager can act independently.

This is what it should be:

Special rights and powers

In comparison with the heads of other organizations, the chairman of the HOA board has extremely limited powers. In particular, the chairman of the HOA has the right to:

• be the first to sign financial documents;
• maintain the partnership's accounting;
• independently conclude transactions that, according to the law, can be concluded without the consent of the HOA members and the board;
• sign decrees that are binding on members of the HOA;
• set the time for and hold meetings of HOA members and HOA board members;
• without a power of attorney, carry out instructions from the HOA;
• hire new employees to the HOA, dismiss employees, accrue bonuses and fines in accordance with the current laws of the Russian Federation;
• dispose of residential and non-residential premises;
• say the final word during the voting of the HOA members if the voting is a draw;
• insure the property of the HOA;
• in addition, the chairman of the board may have a number of powers that the members of the HOA have the right to vest in him;

Let's look at the most basic things:

1. The chairman is elected by the members of the HOA board for the purpose of managing the activities of the HOA.
2. In his work, the chairman of the HOA must rely on the laws of the Russian Federation and the charter of the HOA, as well as on regulations and his job description.
3. The chairman must conscientiously manage the activities of the HOA.
4. Being the immediate supervisor, the chairman has the right to give orders to all employees of the HOA.
5. The chairman is obliged to monitor the implementation of all resolutions and decisions of the HOA.
6. The chairman is charged with developing and submitting for discussion to the members of the HOA rules regarding the calculation of wages, work rules and the schedule of HOA employees.
7. The chairman of the meeting is authorized to represent the interests of the HOA in all government bodies.

To date, it has not been legally determined whether it is possible or not to conclude an employment contract with the chairman of the HOA (). Before the amendments to Art. 147 of the Housing Code, such an agreement has always been concluded, but with the introduction of amendments, the points of view of lawyers on this issue were divided. Some believe that an agreement cannot be concluded, others believe that it is possible, but only an agreement for the performance of duties.

In this regard, each partnership has the right to independently decide Is it worth concluding such an agreement with your chairman of the board or not?. If the decision is positive, such an agreement must include the following points:

• object of the agreement;
• the period for which the contract is signed, the probationary period;
• rights and obligations of the employer and employee;
• wage;
• organization of work and rest;
• employee social guarantees;
• employee compensation;
• employer and employee liability;
• general provisions;
• signatures of the parties.

Delegation of rights by proxy

A homeowners' association is a non-profit organization, therefore a member of the HOA, on the basis of a power of attorney, can delegate the right to attend the meeting and vote to a third party. The presence of a proxy at the meeting is certified in the journal of the partnership.

Such a power of attorney must indicate the full name of the HOA member and his authorized representative, passport details of the parties and their actual place of residence.

The power of attorney must be certified by a notary. If for some reason it is not possible to notarize a power of attorney, it can be certified at the principal’s place of work or study, at the local housing office, or at a medical institution if the principal is undergoing treatment.

The chairman of the board of the HOA, in turn, on the basis of his powers, if compelling reasons arise, has the right to sign a power of attorney in the name of third parties.

In addition, the chairman of the HOA has the right to sign powers of attorney for courts of general jurisdiction.

Regulations on the board

The regulations on the HOA board provide for the fulfillment by members of the HOA board of a number of obligations assigned to them:

• comply with the legislation of the Russian Federation and the charter of the HOA;
• control the timely payment by HOA members of all established payments;
• draw up the HOA budget for the year ahead;
• on behalf of the HOA members, enter into contracts for the repair and maintenance of common property;
• hire and fire employees in the HOA;
• compile lists of HOA members and lists of homeowners;
• control financial statements;
• hold meetings of HOA members;
• select an organization to manage, maintain and repair common property;
• other duties set forth in the HOA charter.

On all of the above points, the HOA board must promptly report to the HOA members at general meetings.

Chairman of the Board must control all internal and external processes, occurring in the partnership and personally report on the work done to the members of the HOA.

In particular, the chairman must provide the owners with the following reports (for a certain period):

1. Report on the composition of the HOA board.
   Owners (especially those who for some reason were not present at the vote) should know the names and apartment numbers of board members in order to contact them with all questions and suggestions that arise.
2. Report on the work of the HOA board.
   At this point, the chairman of the board should tell what work was performed.

   In particular: what new was built, how the current repairs are progressing (roof repairs, sewerage equipment repairs, asphalting the road along the house, elevator repairs, etc.), promotion and financing of major repairs (if carried out), other work (painting, inspection gas equipment in apartments, disinfection of front and basement rooms, cleaning of garbage chutes, etc.)

• Report on emergencies and accidents (if they occur).
  If during the reporting period any accidents or emergencies occurred (fires, sewer blockages, accidents on heating mains, etc.), the chairman is obliged to tell at the meeting what measures were taken to eliminate them and what consequences they led to.
• Budget expenditure report.
  The chairman is obliged to report to the owners about membership fees received from HOA members and subsidies, about what and in what quantity the received funds are spent.
• Report on inspections of higher government organizations.
  If during the reporting period the partnership was subject to any inspections by higher government agencies, the chairman must be told about the results of these inspections.
• Report on HOA agreements.
  At this point, the chairman should remind the owners about the existing HOA agreements, tell them about the newly concluded ones, as well as about those that have ended and were terminated for some reason.
• Report on damage to public property by owners.
  If during the reporting period the apartment owners caused damage to the common property, the chairman must tell about the extent of the damage and the measures taken to eliminate it.

Read about the decision to liquidate the HOA and the process of terminating its activities.