What regulates the activities of tsn. What salary do the chairman and accountant of the homeowners association receive, registration, features of remuneration

The homeowners association is relatively new form non-profit organizations.

It differs organizational legal status and is created to unite property owners of various types.

What is TSN, what laws regulate it and how this form of organization differs, you will find out after reading the article.

Article 123 Civil Code the definition of a partnership of real estate owners is given.

According to it, TSN is an association of real estate owners who, on a voluntary basis, create a partnership to organize joint ownership, use and disposal of real estate. It can solve other tasks that do not violate the law.

In this form, it is not only easier to keep records of real estate objects, but also to manage them. For example, residents who own apartments in apartment building, create TSN to regulate cleanliness and order inside the house (light on the floors, elevator operation, etc.) and in the area near it. Their goal is to provide comfortable living conditions.

This association is a legal entity whose members own the same type of real estate.

Partnership unites the owners of any real estate:

• Premises (both residential and non-residential) in one building (or several).
• residential or country houses.
• Summer cottages.
• Gardens or orchards.

Legislative regulation of the issue

The changes in the Civil Code that took place in 2014 affected almost all owners (and not just legal entities), although the law does not oblige to undergo a re-registration procedure.

TSN is regulated on the basis of the total legislative framework relating to real estate.

Among legislative acts relating to this type of organization, there are:

• Civil Code of the Russian Federation - articles 49, 65, 123, 174, 181,182 and 218.
• RF LC - articles 135, 136, 143, 145, 149, 150, 152 and 161.

By the way, since 2014 there have been changes in the legislation, according to which SNT (horticultural non-profit partnerships) and (homeowners associations) are now created in the form of TSN.

Functions, tasks and goals of the organization

Functions in TSN distributed as follows:

the main task such an association is the organization of the collective use of real estate. Thanks to the association of real estate owners, owners can manage independently without involving third-party organizations (for example,).

Rights and obligations

The legal capacity of the association of property owners is enshrined in the main document - the charter of the organization.

This form of legal person has a specific separate property, which, if necessary, will be used to meet the obligations assumed.

So that members are not responsible for the actions of the organization:

• No subsidiaries.
• Not in solidarity.
• Neither share.

The partnership takes over duty for the formation of control and management bodies created to coordinate and make decisions by its members and other legal entities (for example, to conduct construction works or connection to the utility network). The main governing body of the association must decide on the establishment of mandatory contributions for members of the organization.

TSN can do business and receive income from this (according to the Civil Code of the Russian Federation), but under two conditions:

• This activity must meet the goals of the association (enshrined in the charter).
• Profits cannot be distributed among the members of the organization.

All actions of the organization must meet its goals and objectives. At the union there are rights:

If the participants do not fulfill their obligations, enshrined in the charter or the decision of the meeting, the partnership may try in court to force them to fulfill their obligations, make payments or contributions. Also, the organization may, in a judicial proceeding, demand compensation from violators for damages incurred due to non-fulfillment by members of their obligations.

TNS obliged:

• Conduct its activities within the framework of the norms established in the legislation, as well as in accordance with its charter.
• Enter into contracts with third parties to perform specific work.
• Fulfill the obligations assumed and monitor the sanitary and technical condition of the common property.

The owner becomes a member of TSN after he submits an application for admission there. You can withdraw from the partnership by submitting an application for withdrawal from it.

His members have the right:

• Ask TSN for information about its activities.
• Participate in the activities of the association independently or by sending a trusted person there (select and become a candidate for managerial positions, make proposals for improving the quality of work).
• If they do not agree with the decision of the governing bodies, they can appeal it in court.
• Familiarize yourself with the main documents of the organization.
• Demand from TSN the proper quality of services and work that they are required to carry out in accordance with the charter.

Registration procedure

V charter union you need to specify it:

TSN members (and at the same time its founders) can be:

1. Phys. persons who are owners of real estate designated as an object of common use.
2. Legal entities that have the right to own, manage and manage the property of the partnership.

By joining the organization and filling out an application, the person who wishes indicates information about himself in it. Later, this information will be entered into the register so that it can be established exactly what kind of real estate (share) belongs to this member. If any changes have occurred with real estate or personal data has changed, the TSN participant will have to notify the board of the organization about this.

There are no strict and clearly defined requirements for the charter of a partnership in the legislation. The main thing is that its provisions do not violate the norms of the Housing and Civil Codes.

The advantages and disadvantages of such a combination

Advantages associations of property owners in the following:

Flaws associations are:

• It is not a universal organization with a legal status that will solve any problem. A lot depends on the type of property. Not all owners should join. For example, if the partnership consists of owners of emergency housing or living in a building requiring major repairs, they are unlikely to be able to raise the necessary amount in time.
• The risk of bankruptcy of the association is high. In this case, the owners will not be able to return their funds and contributions.
• TSN must obtain a license to conduct activities indicated in the charter. This will take additional time, effort and money.

Distinctive features

This association of owners different from HOA the following features:

See the following video about the advantages of organizing this type of association of real estate owners:

How justified is the creation of TSN?

Often people think, what are we paying them for? We will take everything into our own hands: the maintenance of the house will be of high quality, and we will pay less. But, as they say, the devil is in the details. And the more hotheads encounter these parts, the faster they cool down. Let's see what these details are.

How it all starts

How does the creation of TSN begin (according to the old HOA)? That's right, from the meeting. And even at this stage, many activists who want to take control "into their own hands" stumble. Most often, the agenda of the meeting, documents for voting are drawn up incorrectly, and most importantly, there is not even a quorum at such meetings. Therefore, it is not difficult to challenge the decision, which is done by those tenants who do not want TSN, or lawyers of management companies. Therefore, according to statistics, in half of the cases of attempts to create TSN, hot heads cool down already at this stage. But there are those who do not give up.

And for this, firstly, money is needed to pay for the services of lawyers. Secondly, a lot of time - you constantly need to disappear in the courts. In some cases, you will even have to travel to other cities. For example, do you know that the Seventeenth Court of Appeal is located in Perm? But the main thing is that you need courage and strong nerves. What for? We explain. There were cases when the initiators of the creation of TSN had electricity, water cut off, door locks were regularly filled with glue, some hooligans broke the windows of their cars, punctured tires. Or suddenly a district police officer suddenly showed interest in them, took various explanatory notes. And if the initiator of the creation has a small business, then he becomes even more vulnerable - a tax inspector or someone from the Economic Crime Department may suddenly appear. We do not scare, but life is a complicated thing, especially in Russia.

It should also be noted here that often people with unclean thoughts become the instigators of such partnerships. The one who shouts more that everything is bad, who promises “golden mountains” the most, people trust their house in their hands. About the fact that a person is originally his main goal put personal enrichment, it will become clear only in a few years, when the house falls into disrepair.

good example serves history in Kachkanar. There, too, one businessman persuaded residents to create an HOA, promised that he would repair the house, there would be cleanliness and order, the cost of the payment would decrease. But it all ended with the fact that he himself disappeared somewhere in the direction of Moscow, and the residents formed an impressive amount of debt to suppliers of heat, water, and light. Not to mention the fact that no repairs were made to the house.

Calculator instead of romance

TSN is economic organization who must have income. It's one thing to dream about how good it is to do everything yourself. And the other thing is to take a calculator in your hands and figure out how many people in the house actually pay utility bills, how much comes out of this, and what is enough for.

Let's first see how much minimum costs are needed to manage a house in the form of TSN for at least 200-300 apartments? Of course, a chairman is needed; as a rule, he becomes the most noisy of the initiators. He asks for his salary. Otherwise, if he will be engaged in management after his main job, after 20-21.00 in the evening, then there will be no sense in changing the awl for soap. You need to monitor the maintenance of the house around the clock, and not in your free time from work. The monthly salary, most likely, will be at least 30-40 thousand rubles. Here it is also necessary to remind the romantics that managing a house requires at least a minimum level of knowledge of housing and communal services. Can you imagine if the house falls into the hands of a saleswoman or a driver? It is possible that they will delve into all the nuances of managing an apartment building. Just before that happens, a year will pass, or even two. And a lot of mistakes will be made.

One more moment. TSN should have a board. And if the chairman receives a salary, then the board will begin to complain about why he receives, but we do not. They will also have to pay something, and this is again at the expense of the residents. And if the chairman is not yet clean on hand, then in order for the board to be silent about this, he will have to share with him. And all this corruption will again be paid by residents from their wallets.

It should also be noted here: there is such a myth that in TSN we can control the consumption of our money. But the reality is harsher. The chairman can easily forge documents, residents will demand an audit. And the chairman will hire a firm friendly to him, which will conduct such an audit as he needs. And here you will not dig. For example, there is an HOA on the street. Yaroslavskaya, 21, where it is clear to many that the money once collected for the overhaul went in an unknown direction. But the chairman shrugged his shoulders and said that according to the documents everything is fine.

Another difficulty: after a while, other residents will start asking for this board in order to have access to documents. And here yesterday's like-minded people can expect a split, which will result in a long confrontation. For example, at Uralmash, at the intersection of 40 years of October and Kirovgradskaya streets, there are several houses united into one HOA "Housing". This fight has been going on for several years now. And the case is not limited to the courts and the prosecutor's office in relation to those who are not satisfied with the work of the HOA and believe that its chairman is stealing their money. In the course are threats, damage to cars, power outages.

Go ahead. What is an organization without an accountant and a lawyer? Next, you need a janitor, cleaner, electrician, plumber. And if the house is not new, and it has elevators, then also an elevator mechanic. What will you do if suddenly the elevator starts to get stuck regularly? And what about the fire extinguishing system? After all, it should be serviced by a qualified specialist, and not just Uncle Vasya. The management companies in the state have such a person, but for the HOA his work will cost a round sum.

Finally, if payment discipline is lame in the house, then the chairman will have to bypass debtors and demand money from them. Or hire a collection agency, bouncers, and they have to pay. But money will still be needed for current and cosmetic repairs, for the elimination of sudden accidents, and, in the end, for development. After all, people will ask: “Well, we voted for TSN, but where are the improvements, where is the new playground, flower beds, fence, asphalt?” And if they are not presented within the next six months after the creation of the TSN, reverse processes will begin.

And do you know what the chairman does when it turns out that little money is collected from home and there is not enough for the full-fledged work of TSN? He simply enters into a contract with one of the management companies. And this is an absolute reality! Don't believe? Talk to the residents of a number of Himmash houses on the street. Alpinistov, 20. At one time, inspired by the idea of ​​the HOA, people agreed to it, but a month later the chairman signed a contract with the Criminal Code, and he disappeared, stopped even answering the phone, lived in a private house outside the city. The Criminal Code worked to get rid of it, sometimes a drunk man, either a locksmith or an electrician, would appear in the house and do something, and then disappear again for a month. After a year and a half, people finally got rid of this HOA and chose another management company.

Here it is worth saying organizational processes. Firstly, it will be necessary to create a charter for TSN, and secondly, to engage in land surveying, and this process can drag on for years. And finally, when you created TSN, each step must be coordinated with the owners, and for this you need to hold regular meetings. And if there is no quorum at them, then such meetings will be illegitimate, and it will be easy to challenge them in court. And you probably know how difficult it will be to gather the inhabitants of a house with 200-300 apartments, especially in summer and autumn.

What will the chairman and his board do in such cases? That's right - to falsify the minutes of the meetings. After that, unsuspecting residents will find an additional article in their bills, for example, for a barrier, guarding the yard or equipped parking. But it would be nice if this amount was 100 rubles. The payment will become more expensive by 1000 thousand, or even more. Residents will rush to the chairman with the question, what is it? And he will tell them: “So the meeting passed, the majority is in favor, but we will not show you these protocols, we are not obliged.” And he will be right. Such stories happened in the HOA "Stachek, 70" and HOA "Housing". Talk to residents and ask how much they pay for utility bills and whether they are satisfied with it?

Thus, at this stage, many activists are still giving up, and they are thinking, where to put this TSN now? Maybe tell your grandmother, she is retired anyway, there is a lot of time, besides, she was an accountant in the past.

And who, then, remains committed to the idea of ​​homeowners associations? And just those who initially conceived of its creation for the purpose of personal enrichment. So they go to the end in pursuit of money. And having gained full control over such financial flows, they lose all modesty. For example, in the same house at Stachek 70, the chairman felt so much like a full-fledged owner in the house that he even tried to take the apartment from the legal heir after the death of the owner. He just welded the doors, put guards and did not let the heir in there. This is how the chairmen of the HOA-TSN behave when they are intoxicated with power.

What was the idea for

Many more sad stories can be cited of how the calls to “take matters into your own hands” ended. Well, here, for example, on Uktus there is new house according to Shcherbakov, 5a. There, the chairman fought for more than a year to create an HOA (then they were still called that). Passed, as they say, through fire, water and copper pipes. It all ended with the fact that he voluntarily resigned from this post. From the very first month of his work at this post, at any time of the day, the mobile began to break, residents called and asked questions. At the same time, he worked for voluntary. After 2-3 months, he got tired of it, he called a meeting and asked that he be given a salary for such work, he called a good amount. The residents looked at each other and said they disagreed. Then he spat on everything and even decided to move out of this house.

A similar story happened in the Kompressorny microdistrict. A new house was built there at 12, Yaskina Street. For almost a year, the residents struggled with the management company, which won their house in a competition. Finally, we created our own TSN. And then it turned out that about a third of the apartments in this house have not yet been bought and the total payment for housing and communal services does not cover the cost of maintaining the house. And there was no talk of lowering the payment.

And then, how to reduce the payment? After all, the tariff for the line “maintenance of housing” is set by the municipality, and not by management companies; tariffs for water, electricity, and heat are set by the Regional Energy Commission. And for more than a year now, money for major repairs has been collected not by management companies, and not by TSN, but by a special fund. But perhaps the management companies include some Additional services, such as intercom or video surveillance. But after all, if you create a TSN, this does not mean that you will have to abandon the intercom and video surveillance.

Therefore, if someone is not satisfied with the Criminal Code, then you should not be offended and out of spite to rush to create TSN. As numerous cases have shown, such undertakings end in best case nothing. And at worst, the chairman of TSN drops everything and disappears with the money in an unknown direction. The maximum that threatens him is a year of probation. And most of the time, nothing at all. With the money received in TSN, he can buy himself new apartment in another city, build private house, buy luxury cars. And the residents who did not suspect anything about his fraud will be left with thousands of debts to suppliers of heat, light, water.

Summarizing all the above examples, ask yourself another question, do you know your neighbors well, who offer you to create TSN, and put themselves forward as their chairmen? Should they be trusted and on what grounds? For example, so that a person can become a director management company, he must pass an exam at Goszhilstroynadzor. And the chairman of TSN does not owe anything at all. You can choose anyone for this position, even a homeless person who will not be responsible for anything. It's just our Russian legislation.

If you are not satisfied with something in the maintenance of the house, then it will definitely make more sense to find a common language with the management of the management company and agree with them on troubleshooting than to rush headlong into the maelstrom of uncertainty. It is important to note that the work of the management company is under the control of Goszhilstroynadzor. He issues a license to her, and at any time can revoke it based on complaints from residents. Therefore, today the management companies are interested in high-quality maintenance of houses, unlike TSN, which most often become a tool in the hands of crooks and dishonorable people who dream of how to quickly “cut down” money with minimal responsibility.

Aleksey Kuzmin, lawyer in the field of housing and communal services

1. The application must be submitted and addressed to tax office at the location of TSN. If the application and the package of documents to it are submitted not according to their affiliation, to the wrong tax authority, then a decision will be made on them to refuse state registration, while the documents and the receipt of payment of the fee are not returned. And for subsequent registration, all documents must be prepared again and re-pay the state fee in the amount of 4,000 rubles, as well as notary services;
2. If the applicant's signature is not certified by a notary on the third sheet of the application, then a decision is also made on the basis of such an application to refuse registration of the TSN. For registration, the presence of all the above documents is required. The absence of any of them entitles the tax authority to make a decision to refuse state registration;
3. All information in each document must be true. Both the name and address of the TSN specified in the application for registration, in the Charter and in the protocol must be the same. The content of the Charter should not contradict the law. All decisions of the meeting must be made and executed in accordance with the requirements of the Housing Code of the Russian Federation;
4. If the state duty is paid to the wrong details, or a copy of the receipt is attached, and not the original, then the state duty is considered not paid, and according to the package of documents, the registrar makes a decision to refuse state registration;
5. It is very important to draw up documents correctly: each document consisting of more than one sheet must be stitched, numbered. The number of sheets in the document is confirmed by the signature of the applicant or a notary on the back of the last sheet of the document at the place of its firmware. Corrections in the text of the submitted documents are not allowed, dashes are put in the blank columns, blank sheets of the P11001 form are not attached.

1.1. This Regulation is an internal document of the Association of Real Estate Owners "DOM 32" (hereinafter referred to as TSN), which determines the procedure for the activities of the Board of TSN (hereinafter referred to as the Board), the rights and obligations of members of the Board, as well as the procedure for making decisions by the Board and the procedure for interaction with other TSN management bodies.

1.2. The Regulation is approved by the decision of the General Meeting of TSN members (hereinafter referred to as the General Meeting).

1.3. This Regulation has been developed in accordance with the Civil Code Russian Federation(hereinafter - the Civil Code of the Russian Federation), the Housing Code of the Russian Federation (hereinafter - the HC RF), the Charter of the TSN (hereinafter - the Charter) and internal documents of the TSN.

1.4. The Board is a collegial executive body of TSN, which, during breaks between General Meetings of TSN members, manages the current activities of TSN within the competence determined by the current legislative norms, the Charter of TSN, decisions of the General Meeting and these Regulations.

1.5. The Board acts in the interests of TSN and is accountable to the General Meeting of TSN members.

1.6. The term of office of members of the Management Board is established by the Charter and is no more than 2 (two) calendar years.

1.7. The Board is headed by the Chairman of the Board (hereinafter referred to as the Chairman).

1.8. When performing its functions within the powers granted to it, the Management Board (through the Chairman) may enter into business relationship with any state and non-state institutions, enterprises, organizations, individuals and resolve any issues related to the activities of TSN.

2. Competence of the Board

2.1. The competence of the Management Board is determined by the current legislation of the Russian Federation, the Charter, decisions of the General Meeting and these Regulations.

2.2. The Board is the executive body of TSN, accountable to the General Meeting. The Board organizes the implementation of the decisions of the General Meeting, develops and implements the measures provided for by the statutory activities of TSN.

2.3. The Board manages the economic and financial economic activity TSN has the right to make decisions on all issues of the partnership, with the exception of issues related to the competence of the General Meeting.

2.4. The competence of the Management Board includes the following issues in the period between General Meetings:

2.4.1. Compliance with TSN current legislation and the requirements of the Charter.

2.4.2. Organization of accounting and reporting of TSN, preparation and submission of annual reports for approval by the General Meeting.

2.4.3. Drawing up an estimate of income and expenses for the corresponding year, an annual work plan for the maintenance and current repairs common property in an apartment building and submitting them for approval to the General Assembly.

2.4.5. Placement on the Internet of information subject to disclosure by organizations operating in the field of management of apartment buildings, in accordance with the requirements of the current legislation.

2.4.6. Issuance of copies of personal accounts, certificates and other documents to the owners of the premises within their powers.

2.4.7. Consideration of applications and complaints of owners of premises.

2.4.8. Conclusion with the owners of the premises - not members of the TSN of agreements on the management, maintenance and repair of common property in an apartment building and the provision utilities.

2.4.9. Acceptance of applications for membership in the TSN and withdrawal from it.

2.4.10. Maintaining a register of TSN members and a register of owners of premises in an apartment building.

2.4.11. Convening and organizing the General Meeting.

2.4.12. Organizational and technical support for the activities of the General Meeting and the Audit Commission of TSN.

2.4.13. Organization of implementation of decisions of the General Meeting.

2.4.14. Organization of control over the timely payment by members of the TSN of the established mandatory payments and contributions, and by the owners of premises that are not members of the TSN - payments for residential (non-residential) premises and utilities.

2.4.15. Ensuring that all owners of the premises fulfill their obligations for the maintenance and repair of common property in an apartment building in accordance with their shares in the right of common ownership of this property.

2.4.16. Control over the movement of material and monetary values, verification technical condition common property in an apartment building.

2.4.17. Calculation of the amount of payment for residential premises and mandatory payments (contributions) for all owners of premises, as well as membership fees for members of TSN and submitting them for approval by the General Meeting.

2.4.18. Implementation of activities for the management of an apartment building, for the performance of work and the provision of services for the maintenance and repair of common property in an apartment building or the conclusion of contracts for the management of an apartment building on the basis of a decision of the General Meeting.

2.4.19. Hiring workers to maintain common property in an apartment building and their dismissal.

2.4.20. Conclusion of contracts on behalf of TSN, at the expense and in the interests of TSN members, as well as owners of residential and non-residential premises who are not members of TSN, for the maintenance, operation and repair of common property in an apartment building, the supply of resources with resource supply and other organizations; control over the execution of concluded contracts.

2.4.21. Conclusion of lease agreements or agreements on the transfer of other rights to the common property of owners in an apartment building.

2.4.22. Establishing the facts of causing damage to the property of the owners of the premises.

2.4.23. Fulfillment of other duties arising from the Charter of TSN.

3. Procedure for the formation of the Board

3.1. The Board is elected from among the members of the TSN by the General Meeting in the amount of 7 (seven) members, for a period equal to 2 (two) calendar years.

3.2. If the owner of the premises is a legal entity, then its authorized representative has the right to be a member of the Management Board.

3.3. Candidates for election to the Board may be proposed by any member of TSN in the form of a written application no later than 10 days before the General Meeting on the issue of electing members of the Board of TSN.

3.4. The application for nomination for election to the Board must be accompanied by:

• a copy of the document confirming the right to property in an apartment building;
• a brief description of the candidate, containing mandatory information about education, a photo, contact information (a valid email address), social work experience (if any) and other information;
• a copy of payment documents confirming the absence of arrears in payment of membership and mandatory fees for the maintenance and repair of the common property of an apartment building, payment of utilities, as well as other payments established by the decision of the General Meeting.

3.5. A TSN member who has a systematic debt (more than 3 months) in paying membership and mandatory fees for the maintenance and repair of the common property of an apartment building, paying for utilities, as well as other payments established by the decision of the General Meeting cannot be elected to the Board.

3.6. A candidate member of the Management Board is considered elected to the Management Board if his candidacy is supported by a simple majority of votes of the TSN members who took part in the General Meeting.

3.7. If the number of candidates for participation in the elections to the Board exceeds the allowable number of TSN members, then the candidates who receive the largest number of votes are considered elected to the Board.

3.8. TSN members can be elected to the Board an unlimited number of times.

3.9. If, at the end of the two-year term, the General Meeting does not make a decision on the election of a new Board of Directors or on the election of the former Board for a new term, the former Board, including the Chairman of the Board, continue to perform the duties of a TSN body until the date of adoption by the General Meeting of one of decisions referred to in this paragraph.

3.10. When holding elections of a new composition of the Management Board, it is considered authorized from the date of adoption of the relevant decision by the General Meeting. At the same time, the previously acting composition of the Management Board is obliged to transfer documentation, seals of TSN and electronic digital signatures newly elected members of the Management Board within a period of not more than 15 (fifteen) working days according to the Transfer and Acceptance Certificate.

3.11. At the first meeting, the Board elects a Chairman from among its members.

3.12. The powers of a member of the Management Board may be terminated early on the following grounds:

• on own will(voluntary withdrawal from the Management Board);
• by decision of the General Meeting;
• in connection with death.

3.13. In the event that before the expiration of the terms of office of the elected members of the Management Board, a vacancy arises related to the early termination of the powers of a member of the Management Board, the vacancy may be filled by decision of a special meeting of the Management Board. A member of the Board elected or appointed in this way remains in office until the expiration of the term of office of the member of the Board he replaced.

3.14. In case of early termination of powers of more than 2/3 of the members of the Management Board, the Management Board convenes a General Meeting, at which the Management Board is elected in a new composition.

3.15. The General Meeting must decide on the payment of remuneration to members of the Management Board, unless otherwise provided by the Charter. The amount of remuneration paid to members of the Management Board, including the Chairman, is established by the decision of the General Meeting of TSN members.

4. Rights and obligations of members of the Management Board

4.1. The rights and obligations of the members of the Management Board are determined by the current legislation of the Russian Federation, the Charter and these Regulations.

4.2. Members of the Management Board have the right to:

4.2.1. get acquainted with all administrative, accounting, reporting and other documents and materials of TSN in the prescribed manner;

4.2.2. .approve staffing TSN, Regulations on the remuneration of employees of TSN and the Internal Labor Regulations;

4.2.3. participate in decision-making on the distribution of responsibilities between members of the Management Board;

4.2.4. make proposals to the work plan of the Management Board and the agenda of meetings of the Management Board;

4.2.5. timely receive materials for decision-making;

4.2.6. demand the convening of meetings of the Management Board, the inclusion of issues on the agenda;

4.2.7. submit proposals and recommendations on the management of TSN and its development for consideration by the General Meeting;

4.2.8. Express in writing their disagreement with the decisions of the Board and bring it to the attention of the Chairman and the General Meeting.

4.3. Members of the Management Board are obliged to:

4.3.2. execute decisions of the Board; ensure compliance with the current legislation, the requirements of the Charter and these Regulations;

4.3.3. perform other duties arising from the Charter.

4.4. Additionally, by decision of the General Meeting, the following duties may be assigned to the Management Board:

4.4.1. preparation of amendments and additions to the Charter;

4.4.2. receiving income from entrepreneurial activity and their disposal in accordance with the decision established by the General Assembly;

4.4.3. setting the amount of one-time payments to cover the resulting costs of TSN.

5. Responsibility of members of the Management Board

5.1. Members of the Management Board, in exercising their rights and performing their duties, must act in the interests of TSN, exercise their rights and perform duties in relation to the partnership in good faith and reasonably.

5.2. Members of the Management Board bear subsidiary liability to the General Meeting for losses caused to TSN by their guilty actions (inaction) in accordance with the current legislation.

6. Structure of the Board and division of responsibilities

6.1. Distribution of duties between members of the Management Board is approved by the Management Board at the suggestion of the Chairman. Other members of the Management Board are also entitled to make proposals regarding the distribution of responsibilities between members of the Management Board.

6.2. The Chairman has the right to entrust the performance of any functions or work to any member of the Management Board within the framework of his duties as part of the Management Board.

6.3. Along with the assigned responsibilities, all members of the Board must monitor any information that is important for the activities of TSN in order to be able at any time to contribute to the prevention of damage, improvement or necessary changes in activities by convening a meeting of the Board, General Meeting or otherwise.

6.4. Members of the Management Board must inform the Chairman within their competence about all significant current issues and the progress of affairs. The Chairman coordinates the resolution of issues that are within the competence of individual members of the Management Board, with common goals and TSN plans.

7. Chairman of the Board

7.1. The Chairman is the head of the TSN and is accountable to the Board and the General Meeting.

7.2. In accordance with the current legislation and the Charter, the appointment (re-election) and early termination of the powers of the Chairman is carried out by the General Meeting or the Board, in accordance with the procedure established by these regulations.

7.3. The Chairman is elected by the Management Board from among its members for the period established by the Charter.

7.4. The Chairman may be re-elected, but not more than 2 (two) times in a row.

7.5. The election of the Chairman takes place by a simple majority of votes from the list of the Management Board, i.e. with a composition of the Management Board of 7 people, at least 4 votes must be received to elect the Chairman.

7.6. The Chairman is considered to have taken up his duties from the moment of election at the first meeting of the Management Board with the execution of the minutes signed by all members of the Management Board present at this meeting.

7.7. The Chairman ensures the implementation of the decisions of the Board, manages the current activities of the TSN and has the right to give mandatory instructions and instructions to all officials of the TSN.

7.8. After his election, the new Chairman is obliged, within a period of not more than 15 (fifteen) working days (with the obligatory participation of the previous Chairman):

7.8.1. convene the Management Board by inviting members of the Audit Commission to this meeting, and if a new composition of the Management Board is elected, invite members of the Management Board of the previous composition;

7.8.2. appoint responsible persons, from the composition of the new Management Board, for inventorying the material and monetary resources of TSN, as well as documentation (management, accounting, technical);

7.8.3. Simultaneously with the change of the bank card of the organization, make a request to the bank to provide information on the movement of funds for Last year on the TSN settlement account for an accounting audit;

7.8.4. make an inventory of material and financial resources of TSN;

7.8.5. together with the members of the Management Board, accept material resources and documentation of TSN on the relevant acts;

7.8.6. prepare an extract from the minutes of the meeting of the Management Board on the election of a new Chairman for its subsequent submission to external organizations;

7.8.7. issue a bank card with sample signatures of the Chairman and chief accountant of TSN and other persons authorized by the Board to sign bank documents of TSN;

7.8.8. notify the organizations providing maintenance of the apartment building of the change of the Chairman.

7.9. The decision on early termination of the powers of the Chairman can be made only in connection with the circumstances listed in this clause of the Regulations:

7.9.1. according to the written statement of the Chairman on resignation (such an application must be submitted to the Board at least 10 (ten) business days before the moment of resignation;

7.9.2. for not holding or refusing to hold meetings of the Management Board, if members of the Management Board require them to be held;

7.9.3. for carrying out activities that cause financial damage to TSN as a result of abuse of their powers, or due to negligence, or for mercenary purposes, which must be confirmed by an audit of the Audit Commission or a relevant court decision;

7.9.4. for non-fulfillment or refusal to fulfill the decisions of the General Meeting or decisions of the Board, if these decisions are legal;

7.9.5. for not providing or refusing to provide documentation for verification by the Audit Commission (auditors) of the activities of TSN;

7.9.6. this list of reasons for the removal of the Chairman from office is not exhaustive, and may be supplemented by the decision of the General Meeting.

7.11. The voting on the termination of the powers of the Chairman takes place at a meeting of the Management Board and is accepted if more than half of the membership of the Management Board voted for him, i.e. with a composition of the Management Board of 7 people, at least 4 members of the Management Board must vote for the removal, regardless of the actual number of members of the Management Board at the moment . The Chairman terminates his powers from the moment the decision of the Board on this is made, which is signed by all members of the Board present at this meeting.

8. Rights and obligations of the Chairman

8.1. As a member of the Board, the Chairman has all the rights and obligations of a member of the Board.

8.2. The chairman has the following rights:

8.2.1. act without a power of attorney on behalf of TSN and have the right of first signature on financial documents;

8.2.2. acting on behalf of TSN, sign payment documents and make transactions that, in accordance with the current legislation, the Charter and these Regulations, are not subject to mandatory approval by the Management Board or the General Meeting;

8.2.3. represent the interests of TSN in state or other institutions related to the management and operation of an apartment building;

8.2.4. dispose of the property and funds of TSN within its competence;

8.2.5. open and close settlement and other accounts of TSN in banks;

8.2.6. make independent decisions on the expenditure of funds that do not exceed 30,000 (thirty thousand) rubles at a time, provided that these expenses are provided for by the relevant budget items, and their total amount per month does not exceed 50,000 (fifty thousand) rubles;

8.2.8. hiring and dismissing TSN employees, including concluding employment contracts, as well as applying incentives and penalties to TSN employees;

8.2.9. issue orders, instructions and directives that are binding on all employees of TSN;

8.2.10. issue powers of attorney on behalf of TSN.

8.3. The chairman has the following responsibilities:

8.3.1. carry out operational management of the activities of TSN;

8.3.2. convene and hold meetings of the Management Board, form the agenda of the meeting of the Management Board;

8.3.3. manage the work of the Board, chair meetings of the Board and General Meetings;

8.3.4. coordinate the resolution of issues within the competence of the members of the Management Board;

8.3.5. submit a report to the General Meeting on the activities of the Board;

8.3.6. ensure the implementation of decisions of the General Meeting and the Board;

8.3.7. supervise the performance of work on the maintenance and repair of common property in an apartment building;

8.3.8. ensure the maintenance of the register of TSN members and its submission to state supervisory authorities in accordance with the current legislation of the Russian Federation;

8.3.9. participate in the development of internal documents (rules, regulations of TSN, job descriptions of TSN employees, etc.);

8.3.10. ensure office work of TSN;

8.3.11. to receive the owners of the premises, as well as to record and register their complaints and applications on the management and maintenance of common property in an apartment building;

8.3.12. perform other functions necessary to achieve the goals of the TSN and ensure its normal operation, in accordance with the current legislation of the Russian Federation and the Charter, with the exception of functions assigned by the RF LC and the Charter to other TSN management bodies.

8.4. In the absence of the Chairman, his duties are performed by a member of the Board appointed by the Chairman, or by the Board as a deputy for the period of absence of the Chairman.

9. Responsibility of the Chairman

9.1. As a member of the Board, the Chairman bears the same responsibility as any of the members of the Board.

9.2. The Chairman is personally responsible to the members of the Board and the General Meeting for:

• organization of office work TSN;
• conclusion of contracts and agreements that do not contradict the legislation of the Russian Federation and take into account the interests of TSN;
• accounting and storage of TSN documentation;
• timeliness and completeness of tax payment, reporting to tax authorities, funds and banks (together with the TSN accountant);
• violation social guarantees TSN employees.

10. Conflict of interests of members of the Board and interests of TSN

10.2. In the event of a conflict between the interests of a member of the Board and the interests of TSN, a member of the Board is obliged to disclose information about such a conflict to other members of the Board and take measures to eliminate the conflict.

10.3. In order to avoid a possible conflict of interest between the interests of a member of the Management Board and the interests of TSN, a member of the Management Board may not, without prior informing the members of the Management Board:

• be a party, intermediary or beneficiary under any civil law, economic agreement with TSN;
• carry out other actions that go beyond the rights and obligations of the members of the Management Board, contrary to the current legislation, the Charter, decisions of the General Meeting and these Regulations.

10.4. If any of the circumstances specified in paragraph 10.3 of these Regulations are present in respect of a member of the Management Board at the time of his election to the Management Board, the member of the Management Board is obliged to send to the address of the Management Board the appropriate written notice about the said circumstances. If, at the time of his election, a member of the Management Board did not know about the existence of these circumstances, the member of the Management Board is obliged to send the specified notification within a reasonable time after becoming aware of these circumstances.

10.5. If any member of the Management Board has the circumstances specified in clause 10.3 of these Regulations, at the initiative of the Chairman or at the request of any member of the Management Board, the issue of a conflict of interest that exists (may arise) in connection with the specified circumstances may be submitted for consideration by the Management Board.

10.6. If a member of the Management Board intends to commit or has committed one or more of the actions specified in clause 10.3 of these Regulations, the member of the Management Board is obliged to send to the address of the Management Board an appropriate written notice of his intention (accordingly, his actions).

10.7. The Management Board has the right to approve the commission by a member of the Management Board of actions (actions taken by a member of the Management Board) provided for in clause 10.3 of these Regulations.

10.8. If the circumstances (actions planned or committed by a member of the Board) specified in clause 10.3 of these Regulations lead or may lead to infringement of any interests of TSN, the Board has the right to take one of the following decisions:

• on the refusal of a member of the Management Board to approve the commission of actions provided for by clause 10.3 of these Regulations;
• other solution that ensures the protection of the rights and interests of TSN.

10.9. A member of the Management Board is obliged to execute the decision of the Management Board, specified in clause 10.8 of these Regulations, within the time period specified in the decision and provide the Management Board with information that reliably confirms the execution of the above decision.

10.10. If a member of the Management Board refuses (evades) the execution of the decision of the Management Board specified in clause 10.8 of these Regulations, the Management Board has the right to notify the General Meeting of this.

11. Procedure for holding meetings of the Management Board

11.1. The Chairman convenes scheduled meetings of the Management Board at least once a quarter.

11.2. The decision to convene a meeting of the Board is made by the Chairman.

11.3. The Chairman convenes unscheduled meetings of the Board on his own initiative or at the written request of any member of the Board. Board meetings should be convened when the interests of TSN require it.

11.4. The agenda of the meeting of the Management Board is formed by the Chairman and based on the requirements of the members of the Management Board. At the initiative of the Chairman or a member of the Management Board, a meeting of the Management Board may consider issues not included in the agenda of the meeting of the Management Board, but only if the meeting of the Management Board is attended by the majority of elected members of the Management Board.

11.5. The Board considers any issues and makes any decisions exclusively at its meetings. The necessary materials on the issues included in the agenda of the meeting are provided to the members of the Board by the Secretary or the Chairman, so that all members of the Board can prepare for the discussion.

11.6. Notifications about meetings of the Management Board shall be sent by the Chairman to each member of the Management Board by e-mail, SMS message or delivered in person no later than 2 (two) working days before the date of the meeting.

11.7. Members of the Management Board take part in the meeting of the Board. The Management Board has the right to decide on the presence of third parties (owners of the premises, members of the partnership, members of the Audit Commission and other persons) at the meeting of the Management Board.

11.8. Members of the Management Board who are personally present at the meeting are considered to be participating in the meeting.

Members of the Management Board who are not personally present at the meeting are also considered to be participating in the meeting, provided that the said members of the Management Board submit written opinions on the agenda items before drawing up the minutes of the meeting of the Management Board.

11.9. If it is impossible to attend a meeting of the Management Board in person, a member of the Management Board has the right to submit a written opinion on the agenda items, which may be announced at the meeting.

The written opinion of a member of the Management Board is taken into account when determining the quorum of the meeting of the Management Board. A written opinion of a member of the Management Board is taken into account when voting if it contains a draft decision to be put to a vote at a meeting of the Management Board, and a voting option of a member of the Management Board on the said draft decision.

11.10. A member of the Management Board, both present at the meeting and not present at it, has the right to demand that his dissenting opinion on the issues on the agenda of the meeting be attached to the minutes of the meeting. The dissenting opinion of a member of the Management Board who did not take part in the meeting is not taken into account when determining the quorum and when voting.

11.11. The quorum for holding a meeting of the Management Board shall be at least half of the number of elected members of the Management Board. The meeting of the Management Board is recognized as competent if the majority of the members of the Management Board participate in it.

11.12. When making decisions of the Management Board, each member of the Management Board has one vote. The transfer of voting rights by a member of the Management Board to another person, including another member of the Management Board, is not allowed.

11.13. Decisions are taken by the Board by a simple majority of votes. In case of equality of votes, the Chairman's vote is decisive.

12. Registration of decisions of the Board

12.1. At all meetings of the Management Board, minutes are kept (Appendix No. 1), in which the decisions taken are recorded. Minutes of meetings are kept by a member of the Management Board acting as secretary.

12.2. The minutes of the Board meeting shall contain the following data:

• protocol number;
• date, time and place of the meeting;
• agenda;
• draft decisions put to the vote;
• voting results for each draft decision;
• form of participation in the meeting of the Management Board: personal presence or provision of a written opinion;
• decisions made.

12.3. The protocol may also contain information about the main speakers, speeches, a list of persons present at the meeting.

12.4. Documents approved by the Board, written opinions and dissenting opinions of members of the Board shall be attached to the first copy of the minutes. Other materials and documents may also be attached to the protocols.

12.5. The minutes of the meeting of the Management Board are drawn up by the secretary and signed by the Chairman no later than 10 (ten) working days after the day of the meeting of the Management Board.

12.6. The minutes are signed by the members of the Board participating in the meeting. The Chairman informs the members of the Management Board who did not take part in the meeting of the Management Board about the decisions taken by the Management Board by sending a copy of the minutes to email members of the Management Board who were absent from the meeting.

12.7. The minutes are provided for familiarization to the members of the Audit Commission by sending a copy of the protocol by e-mail to each member of the Audit Commission.

12.8. The minutes of the Board meeting is a public document. The Board may decide to publish copies of the minutes of the Board meetings on the TSN website with their placement in sections accessible to TSN members.

12.9. The Chairman organizes the storage of the minutes of the meetings of the Board.

12.10. Minutes of the meetings of the Management Board are kept for 3 (three) years at the place of storage of TSN documentation.

13. Implementation of decisions of the Board

13.1. Decisions of the Management Board, adopted within its competence, are binding on all employees and members of TSN.

13.2. The executors and responsible employees of TSN inform the Chairman and members of the Management Board about the implementation of the decisions of the Management Board.

13.3. Control over the implementation of the decisions of the Management Board is carried out by the Chairman and other members of the Management Board authorized to record, control and verify the implementation of the decisions of the Management Board.

13.4. The results of the implementation of the decisions of the Board are presented by the Chairman at the meetings of the Board and are reflected in the Report on the activities of the Board (hereinafter referred to as the Report).

14. Supervision of the activities of the Board

14.1. The Management Board annually, as well as at other times by decision of the General Meeting or the Audit Commission, reports on the implementation of the decisions of the General Meeting and other results of the Management Board's activities.

14.2. The Board prepares a Report for the annual General Meeting.

14.3. The report includes information about meetings of the Management Board in reporting period indicating:

• issues considered by the Board;
• decisions taken by the Board;
• information about the implementation (not implementation) of decisions.

15. Final provisions

15.1. These Regulations come into force from the moment of approval by the members of the Management Board at a regular meeting and are subject to subsequent approval at the General Meeting.

15.2. The decision to introduce amendments and additions to these Regulations is made at a meeting of the Management Board and is subject to subsequent approval at the General Meeting.

15.3. If certain provisions of these Regulations conflict with the current legislation of the Russian Federation and/or the Charter, the relevant norms of the legislation of the Russian Federation and/or the Charter shall apply. The invalidity of individual norms of this Regulation does not entail the invalidity of other norms and the Regulation as a whole.

1. The exclusive competence of the supreme body of the partnership of property owners, along with the issues specified in paragraph 2 of Article 65.3 of this Code, also includes the adoption of decisions on establishing the amount of mandatory payments and contributions of members of the partnership.

2. A sole proprietorship is created in a partnership of real estate owners. executive agency(chairman) and a permanent collegial executive body (board).

By decision of the supreme body of the association of real estate owners (paragraph 1 of Article 65.3), the powers of the permanent bodies of the partnership may be terminated ahead of schedule in cases gross violation by them of their duties, revealed inability to properly conduct business or in the presence of other serious grounds.

Art. 123.14 of the Civil Code of the Russian Federation, part 1. Features of management in a partnership of property owners

Civil Code

Approved
general meeting
HOA members 151

JOB DESCRIPTION
CHAIRMAN OF THE BOARD OF THE HOA151

1. General Provisions.

1. The chairman of the board of the partnership is an elected person, cannot combine his activities in the board of the partnership with work in the partnership under an employment contract. He is elected in the manner and for the period established by the Articles of Association of the partnership. The Management Board is the head of the collegial executive body of the Partnership.

1.2. A member of the Management Board cannot be elected Chairman of the Management Board on the grounds provided for in Article 160/1 N°188-FZ of the Russian Federation:

• a member of the board who has previously committed gross violations of the Housing Legislation of the Russian Federation, the Articles of Association of the Partnership, the Regulations on the Board of the HOA, the Regulations on the Audit Commission of the HOA;
• board member who does not actually live in the house.

1.3. The Chairman of the Board must have higher education, is an elected person endowed with managerial powers.

1.4. The chairman of the board should serve as an example of honesty, decency, responsibility, conscientiousness, and professionalism in this position.

1.5. The Chairman is elected at the first meeting of the Board of the partnership, from among the members of the board, by simple voting for a period established by the Charter of the partnership.

2. The Chairman of the Board of the Partnership in his activities is guided by the current legislation of the Russian Federation, the Articles of Association of the Partnership, official powers (instructions), and also, normative documents approved by the governing body of the Partnership - the General Meeting of the members of the Partnership.

3. The chairman of the board of the partnership ensures the implementation of the decisions of the board, has the right to give instructions and orders to all officials of the partnership, the execution of which is mandatory for these persons.

4. The chairman of the board of the homeowners association acts without a power of attorney on behalf of the association, signs payment documents.

5. The Chairman of the Board of the partnership, to make transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership.

6. The chairman of the board of the partnership develops and submits for approval by the general meeting of members of the partnership documents and provisions provided for by the Charter of the partnership and decisions of the general meeting of members of the partnership.

7. The chairman of the board of the partnership is responsible for the maintenance of common property in this house in accordance with the requirements technical regulations and the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building.

8. The chairman of the board of the partnership is responsible for the provision of public services, depending on the level of improvement of this house, the quality of which must comply with the requirements established by the Government of the Russian Federation and the Rules for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings .

9. The chairman of the board is personally responsible for organizing office work in the board of the partnership, accounting and storing documents of the owners of the premises, the HOA itself, the correctness of the conclusion of contracts and agreements, the failure to make decisions on the maintenance and operation of a residential building, the timeliness and completeness of paying taxes, filing reports in tax service, funds, banks, etc.

10. Powers and duties of the Chairman of the Management Board of the partnership and, accordingly, the amount of remuneration for the performance by the Chairman official duties, is approved by the general meeting of members of the Partnership. Date of commencement of execution (the occurrence labor relations) responsibilities for managing the common property of the owners, the date of election of the Chairman by decision of the executive collegiate body Partnerships (clause 11, clause 145 of the LC RF, part 3, article 16 of the Labor Code of the Russian Federation).

11. The specifics of labor relations between the Chairman of the Board and the Homeowners Association are regulated by the legislation of the Russian Federation, the general provisions of labor legislation are applied, taking into account the norms of the Housing Code.

12. The Chairman of the Board is elected for a period not exceeding two years (Article 147 of the LC RF). Performs his duties in an elected office in accordance with job description for remuneration, the amount and frequency of payment of which is approved by the decision of the general meeting of members of the partnership.

13. The Chairman of the Board bears the full liability for direct actual damage caused by the HOA (Article 277 of the Labor Code of the Russian Federation). Direct actual damage is understood as a real decrease in the employer's cash property (HOA) or deterioration of the specified property (including property of third parties held by the employer, if he is responsible for the safety of this property), as well as the need for the employer (HOA) to incur costs or excessive payments for the acquisition, restoration of property or for compensation for damage caused to third parties. (Article 238 of the Labor Code of the Russian Federation)

14. The Chairman of the Board may be relieved of his duties in connection with the acceptance by the authorized body of a legal entity (the Board of the HOA or general meeting members of the HOA) decisions to terminate the powers of the Chairman, if the official admits inefficient management, actions (inaction), non-observance of the interests of the owners (Article 278 of the Labor Code of the Russian Federation).

15.Early termination employment contract at the initiative of the chairman of the board of the HOA, it is allowed with a warning to the partnership (board and general meeting) in writing no later than one month (Art.

2. Duties of the chairman of the board.

2.1 The elected Chairman of the Board, from the moment he takes office as the head of the Board, must:

2.1.1. convene a new Board of Directors, invite audit commission(auditor), the composition of the old Board and determine the procedure and terms for transferring cases to the new Board and members of the Audit Commission.

2.1.2. organize within two months an independent audit of the activities of the previous chairman of the HOA for the entire period of his authority. The owners of the premises of an apartment building are obliged to pay for the work of the auditor in proportion to their share in the common property of the building.

2.1.3 make a complete inventory of all material resources and documentation in the book of accounting documents of the board, as well as the register of material resources and documentation of the partnership. The chairman of the newly elected board, together with the members of the board, is obliged to accept material resources and documentation of the partnership, draw up acts of inventory, on the transfer of affairs and positions - all in two copies.

2.1.4. know the contractual obligations of the partnership and contribute to their fulfillment.

2.1.5. organize and direct the activities of the board members and officials partnerships in accordance with the current legislation, the requirements of the Charter and the decisions of the general meeting and the board.

2.1.6. perform the functions of a customer in organizing the technical operation of MKD, as well as providing utilities and other services to apartment owners.

2.1.7. control the maintenance of technical, accounting, statistical and other reporting.

What are the pros and cons of the Association of Real Estate Owners (TSN)

control the provision of communal and other services of the established quality to apartment owners by legislative and regulations as well as contractual obligations.

2.1.9. seek from performers the performance of work in accordance with the terms of the contracts concluded with them.

2.1.10. take measures to ensure the smooth operation engineering equipment in the House.

2.1.11. ensure the safety of the working, technical and other documentation of the partnership.

2.1.12. take timely measures in connection with unauthorized re-equipment and redevelopment by residents of the house of common areas, residential and non-residential premises.

2.1.13. represent the interests of the partnership in state and other institutions related to the management and operation of property.

2.1.14. ensure the preparation and placement of documents and information on the activities of the HOA at the information stand.

2.1.15. conclude service contracts with owners of residential premises who are not members of the HOA.

2.1.16. carry out, together with members of the board, periodic monitoring of the condition of structures, engineering equipment and external improvement of real estate and, if necessary, take measures to eliminate the identified shortcomings, in accordance with the Regulations on the organization of the technical operation of the housing stock.

2.1.17. at least once a month personally, or instruct a member of the board to supervise the cleaning of common areas and the surrounding area.

2.1.18. organize the purchase of material and technical resources necessary for the implementation of the statutory activities of the partnership.

2.1.19. organize staff training.

2.1.20 participate in the work of the audit commission.

2.1.21. hold meetings of the board in accordance with the requirements of the charter of the partnership, general meetings of owners

2.1.22. to receive residents, take into account and register complaints and applications, control the elimination of noticed shortcomings

2.1.23. upon adoption by the general meeting or the board of decisions that contradict the current legislation and the Articles of Association of the partnership, demand the cancellation of these decisions.

2.1.24. require apartment residents to contact the manager in a timely manner if they detect malfunctions inside the apartment equipment (fistulas, rust, etc.) and load-bearing walls (chips, cracks, etc.).

3. In addition, duties are assigned to the chairman of the board.

3.1. preparation of amendments and additions to the charter of the partnership;

3.2. preparation of calculations of the annual cost estimate (financial plan) for the maintenance and repair of the property of the owners for the corresponding year.

3.3. preparation, calculation and justification of the amount of one-time payments to cover the costs incurred in excess of the financial plan (annual cost estimate). Approval of contributions to the reserve fund at the general meeting of owners;

3.4. disposal of the partnership's funds allocated to the reserve fund and not included in the financial plan for the production of emergency, urgent work, etc.

3.5. preparing annual reports on financial activities, submitting them to the general meeting of members of the partnership for approval, and also prepares quarterly reports on the financial activities of the HOA and informs the owners at the general meeting and by posting the report on the Information stand.

4. Rights of the Chairman of the Board

4.1. The chairman of the board has the right:

4.1.1. issue orders, give instructions and directives to all officials of the partnership, including members of the board, which are obligatory for them;

4.1.2. issue powers of attorney;

4.1.3. open settlement and other accounts in credit institutions;

4.1.4. administer the property of the association, including in cash in full, in accordance with economic — financial plan;

4.1.5. dispose of the partnership's funds on the bank account in accordance with the approved annual financial plan (cost estimate), within the powers approved by the general meeting of owners;

4.1.6. act and sign payment documents on behalf of the partnership and make transactions that, in accordance with the law and these Articles of Association, are not subject to mandatory approval by the board or the general meeting;

4.1.7. develop and submit for approval by the general meeting the internal regulations for the employees of the partnership, the provisions on remuneration for their work;

4.1.8. develop and approve regulations and instructions for all officials involved in the technical operation of the housing stock;

4.1.19. to petition the meeting of members of the HOA for the release from the powers of the members of the board of the partnership;

4.1.10. hire personnel for the technical operation of the housing stock and dismiss them;

4.1.11. conclude contracts on behalf of the partnership, including for the technical operation of the housing stock, as well as utilities;

4.1.12. make settlements with individuals and legal entities for the services they provide in accordance with the concluded agreements;

4.1.13. to insure the property of the partnership;

4.1.14. perform other duties arising from the provisions of the LC RF, the Articles of Association of the Partnership.

4.1.15. Monitor the use of residential and non-residential premises for their intended purpose.

4.1.16. Leave your position early.

4.2. The Chairman of the Board is dismissed from his position in accordance with the law and on the grounds set forth in the Articles of Association of the Partnership, the Regulations on the Board of the Partnership and these official duties.

4.3. Controversial issues, disagreements and conflict situations arising in the course of the performance of duties between the chairman and the board or the general meeting are resolved through negotiations or in court.

Association of Real Estate Owners: Amendments to the Civil Code of the Russian Federation, dated 05.05.2014 N 99-FZ

Association of property owners voluntary association owners of real estate (premises in a building, including in an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or country houses land plots etc.), created by them for joint possession, use and, within the limits established by law, the disposal of property (things), by virtue of the law being in their common ownership or in common use, as well as to achieve other goals provided for by laws.

clarification

A partnership of real estate owners is a voluntary association of owners of real estate (premises in a building, including in an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottages, etc.), created by them for joint possession, use and, within the limits established by law, the disposal of property (things), by virtue of the law being in their common ownership or in common use, as well as to achieve other goals provided for by laws.

The Association of Real Estate Owners is one of the organizational and legal forms provided for non-profit corporate organizations.

The legal status of Associations of Real Estate Owners is regulated by paragraphs. 5 couples Chapter 6 4 of the Civil Code of the Russian Federation of the Civil Code of the Russian Federation (CC RF).

The charter of a partnership of real estate owners must contain information about its name, including the words "partnership of real estate owners", location, subject and purposes of its activities, composition and competence of the bodies of the partnership and the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, as well as other information provided for by law (clause 2 of article 123.12 of the Civil Code of the Russian Federation).

The Association of Real Estate Owners is not liable for the obligations of its members. Members of an association of property owners are not liable for its obligations (clause 3, article 123.12 of the Civil Code of the Russian Federation).

An association of property owners, by decision of its members, can be transformed into a consumer cooperative (clause 4, article 123.12 of the Civil Code of the Russian Federation).

Property of a partnership of real estate owners (Article 123.13 of the Civil Code of the Russian Federation)

The partnership of real estate owners is the owner of its property (clause 1, article 123.13 of the Civil Code of the Russian Federation).

Common property in an apartment building, as well as objects of common use in horticultural, gardening and country non-profit partnerships, belong to members of the relevant partnership of real estate owners on the basis of common shared ownership, unless otherwise provided by law. The composition of such property and the procedure for determining shares in the right of common ownership to it are established by law (clause 2, article 123.13 of the Civil Code of the Russian Federation).

A share in the right of common ownership of common property in an apartment building of the owner of premises in this house, a share in the right of common ownership of objects of common use in a horticultural, horticultural or dacha non-profit partnership of the owner of a land plot - a member of such a non-profit partnership follow the fate of the ownership of the said premises or land plot (clause 3, article 123.13 of the Civil Code of the Russian Federation).

Features of management in a partnership of property owners (Article 123.14 of the Civil Code of the Russian Federation)

The exclusive competence of the supreme body of the partnership of real estate owners, along with the issues specified in clause 2 of article 65.3 of the Civil Code of the Russian Federation, also includes making decisions on establishing the amount of mandatory payments and contributions of members of the partnership (clause 1 of article 123.14 of the Civil Code of the Russian Federation).

A sole executive body (chairman) and a permanent collegial executive body (management board) are created in a partnership of real estate owners (clause 2, article 123.14 of the Civil Code of the Russian Federation).

By decision of the supreme body of the partnership of real estate owners (clause 1 of article 65.3), the powers of the permanent bodies of the partnership may be terminated early in cases of gross violation of their duties, inability to properly conduct business, or if there are other serious grounds (clause 3 of article 123.14 of the Civil Code RF).

Additionally

Non-commercial corporate organizations- legal entities that do not pursue profit making as the main goal of their activities and do not distribute the profits received among the participants, the founders (participants) of which acquire the right to participate (membership) in them and form their supreme body.

A public organization is a voluntary association of citizens united in statutory order on the basis of the commonality of their interests to satisfy spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law.

Non-profit organizations are organizations that do not have profit making as the main goal of their activities and do not distribute the profits received among the participants.

Organizational and legal form - a way of securing and using property by an economic entity and its consequences legal status and business goals

Materials on the topic "Non-profit organizations"

The Association of Real Estate Owners (TSN) is the organizational and legal form of non-profit organizations, and the Homeowners Association (HOA) is one of the types of TAs, which unites the owners of premises in an apartment building (MKD) or in several MKD or residential buildings.

MKD control methods

There are three ways to manage MKD (part 2 of article 161 of the LC RF):

1) direct management of owners;

2) HOA management or housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

At the same time, the general meeting of owners of the premises chooses the method of management and can change it at any time based on its decision (part 3 of article 161 of the LC RF).

homeowners association

HOA is an association of owners of premises in MKD, created to joint management common property in MKD or property in several MKDs or residential buildings, provision of public services, activities aimed at achieving the goals of managing MKDs or the joint use of the property of owners. At the same time, the HOA is a non-profit organization and is recognized as a type of TSN (clause 4, clause 3, article 50 of the Civil Code of the Russian Federation; part 1 of article 135 of the Civil Code of the Russian Federation).

Association of property owners

The concept of "partnership of property owners" appeared on September 1, 2014 as a new organizational and legal form of non-profit organizations (clause 4, clause 3, article 50 of the Civil Code of the Russian Federation; clause "b", clause 3, article 1, part 1, article 3 Law of 05.05.2014 N 99-FZ).

TSN is a voluntary association of owners of real estate, in particular, premises in a building (including an MKD) or in several buildings, residential and country houses, horticultural, vegetable or summer cottages, etc. The goals of such an association and the goals of creating an HOA are similar (clause 1, article 123.12 of the Civil Code of the Russian Federation).

The difference between TSN and HOA

Based on the foregoing, TSN is a broader concept compared to HOA - an association of owners different types real estate, while within the framework of the HOA only owners of premises in the MKD are united.

With the advent from 01.09.2014 of a new organizational and legal form of legal entities - TSN, the legislator does not abolish the concept of "homeowners' association". The creation and operation of the HOA, the legal status of its members are still governed by the norms of housing legislation, which are special in relation to general provisions civil legislation on TSN (clause 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation of 06/23/2015 N 25; Letter of the Ministry of Construction of Russia of 04/10/2015 N 10407-АЧ / 04).

Consequences for the HOA after the appearance of TSN

The charters of TSN and HOA must contain information about their name, including the words (clause 2 of article 123.12 of the Civil Code of the Russian Federation; part

What are the duties of the Chairman of the HOA

2 tbsp. 135 ZhK RF):

• "association of property owners" for TSN;
• "Association of homeowners" for HOA.

The organizational and legal form does not always have to be indicated in the name of the organization. In cases where the law provides for the possibility of creating a type of legal entity, only such a type can be indicated in the name (clause 1, article 54 of the Civil Code of the Russian Federation).

Given that the HOA is created as a type of TSN, an indication of the type of its legal form in the name of the HOA is not required. The name indicates only the type - a homeowners association. Thus, when filling out an application for state registration of a legal entity when creating an HOA or to make changes to the information about the legal entity contained in the Unified State Register of Legal Entities, for submission to the registering authority, it is necessary to indicate: 1367-EC/04).

At the same time, from May 23, 2015, the charter of a legal entity must contain information not only about its name, but also about its organizational and legal form (which in our case is TSN).

At the same time, the charters of HOAs established before the specified date must be brought into line with this requirement upon the first change in the charters of such HOAs (clause 4, article 52 of the Civil Code of the Russian Federation; clause 2, article 1, article 4 of the Law of 05.23.2015 N 133-FZ).

Note: The appearance of a TSN does not automatically entail the need for re-registration of the HOA. Moreover, in order to avoid additional social tension among citizens in matters of managing apartment buildings, the attention of the state housing supervision authorities is drawn to the inadmissibility of sending requests, notifications or other documents to the HOA about the need to re-register the HOA, as well as to amend founding documents HOA in the absence of relevant grounds (part 10 of article 3 of Law N 99-FZ; Letter of the Ministry of Construction of Russia dated 10.04.2015 N 10407-АЧ / 04).

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