LCD of the Russian Federation: advice МКД. Powers of the Council of MCD

In 1991, when the Law "On Privatization of Residential Property" was adopted, the state as an independent entity shifted absolutely all responsibility related to the maintenance of multi-family buildings directly to owners of real estate (individual residential apartments). Nevertheless, in reality, the management of living quarters remained in the hands of municipal enterprises. It is important to note that a fairly rare exception in this case were condominiums (homeowners' associations), which began to be formed only in 1993. So, the circumstances, which are quite usual for Russian society, when the third part of the buildings are managed through the efforts of the housing and communal services and the HOA, and the remaining share is in the management of the Criminal Code, originate from March 1, 2005. It was then that the RF Parliament came into force and for the first time revealed three methods of managing multi-apartment buildings. In addition, he stressed that the management of the dwelling - this is not as right as the duty of the owners. What is the current situation? What are the powers of the MCD council? Why? These and other questions can be found in the process of getting acquainted with the materials of this article.

General Provisions

Absolutely every apartment owner, sooner or later, faces issues that need to be solved only together (in other words, by the whole house). As you know, there are a lot of problems in the house where there are some numbers of apartments. So, absolutely every tenant is a part of them (of course, in proportion to the area of their own apartment to the area of the whole house). It is necessary to know that in the housing construction cooperative (HBC) or the homeowners' association (HOA), which consist of a single house, the management takes over the management problem. This management body can be contacted about certain issues, as well as offer certain recommendations and send their own wishes.

A completely different situation happens when the house is in direct control of the management structure. Under such circumstances, there is absolutely no one to study and understand the problems of the house, apart from, of course, the owners of apartments. Even when the management of a dwelling is occupied by a management association, there is no guarantee that the most optimal solutions for various problems, for example, relating to the operation of the house or the resolution of unforeseen situations, will be offered. (совет многоквартирного дома). In the presented situation, according to 161.1 of the Housing Code, it is necessary to form a council of the MKD (council of an apartment building). It is important to note that the lawmakers, through this law, have made very good efforts in the area of legalizing house councils or house committees, as well as actions that they periodically perform. This structure serves as a link between the management organization and the residents of the house. ) целесообразно будет подробным образом рассмотреть актуальные для него права и обязанности, а также методики его избрания. In order to fully understand the need for the Council of the MKD (LC RF ), it will be expedient to consider in detail the rights and duties relevant to him, as well as the methods of his election.

Duties of the Board

As it turned out, under the advice of an apartment building one should understand an authority that is not a legal entity. What does this mean? не может наделяться собственным расчетным счетом, печатью, а также возможностями, связанными с определенными действиями со стороны юридического лица. The MKD Council can not be allocated its own settlement account, seal, as well as opportunities associated with certain actions on the part of the legal entity. However, for the reasons given, under no circumstances can the performance of council operations at a multi-unit house be understated to some extent. In the case of an interested and well-coordinated work of absolutely all council members, the improvement of the activity of the management structure, one way or another, becomes obvious.

в настоящее время закрепляются посредством Жилищного кодекса РФ. It is important to note that the duties and authorities of the ICD Council are currently being consolidated through the Housing Code of the Russian Federation. It is worth emphasizing that its primary responsibility is to monitor the activities of the managing association. By the way, a great many owners of housing do not understand the role of the structure in question. , если есть управляющая организация? Why do certain members of the ICA Council carry out certain work, if there is a managing organization? Why is the product of a duplicate of authority? Moreover, the management structure in any case receives for the activity this or that sum of money resources.

However, no one else knows the problems at home, as the immediate owners of the apartments. входит разработка указаний, относящихся к управляющей организации, по первоочередным необходимым мероприятиям, которые в любом случае нужно реализовать (как правило, данные действия связаны с текущими ремонтными работами). Thus, it is the responsibility of the MCD Council to develop instructions related to the management organization on the priority necessary measures, which in any case need to be realized (as a rule, these actions are related to ongoing repair work). The Council of a multi-unit house undertakes to identify and direct its own proposals for the repair or replacement of utilities. In addition, he must carry out works related to the improvement of the yard area, improvement of quality in terms of utilities and so on.

формулирует собственное заключение на проект управленческого договора с управляющей структурой, а также договоров с ресурсоснабжающими объединениями. In addition to the above, as a rule, the chairman of the MCD council formulates its own conclusion on the draft management agreement with the management structure, as well as contracts with resource-supplying associations. It is important to note that members of the category in question in any case form a plan for the next annual quarter, which reflects their activities and annual reports directly to the owners of apartments on the work performed. It is necessary to supplement that the plan is constructed by calculating the costs required for certain operations, as well as the possibilities to ensure the implementation of these works in the financial plan. может организовать все те мероприятия, которые проводиться управляющей организацией просто-напросто не должны. In accordance with the practice of modern generations, the association of councils ICD can organize all those events that are conducted by the managing organization simply should not.

Example

It would be advisable to give an example of the situation considered in the previous paragraph. Suppose, through the decision of the general meeting, the construction of a fence is planned, in accordance with the boundaries of some land of certain sizes. Thus, the management structure is vested with the absolute right not to take on its own authority to raise money for the implementation of the event, or to get down to business, but at the same time substantially overestimate the amount named in the estimate. поиска подрядчика для произведения работ, а также осуществление сбора денежных средств на реализацию запланированных мероприятий. Thus, the best option in this case is the organization by the MCD management council of the search for a contractor for the work, as well as the collection of funds for the implementation of planned activities.

Council authority

After reviewing the responsibilities of the relevant structure for the article, it would be useful to analyze the rights that exist for it today. первоочередно заключаются в защите законных прав владельцев квартир от бездействия управляющего объединения. Thus, the rights of the MKD Council are primarily to protect the legitimate rights of apartment owners from the inaction of the managing association. It is important to note that the council of a residential building, in one way or another, is entitled to fix the absence or supply of inadequate municipal services. In addition, the house council has the opportunity to apply to the management structure with the requirement to bring this or that service to a satisfactory state, which today plays an important role in the development of society.

утверждает ранее сформированные акты в отношении необходимости проведения капитальных и текущих ремонтных работ. It is necessary to know that the chairman of the MCD Council approves the previously formed acts regarding the need for capital and ongoing repair work. By the way, to this category, it will be appropriate to include the acts, where it is necessary to fix, for example, the infliction of absolutely any damage to the apartment of the direct owner or the banal flooding of the living quarters. Under similar circumstances, in the event of the refusal to draw up an act on the part of the representatives of the managing organization, it is the council of a multi-unit house that is empowered with the duplication of the actions presented. ) также необходимо включить инициирование собрания владельцев квартир в соответствии с абсолютно любым наболевшим вопросом. In conclusion, it should be noted that the authority of the house council (MKD ) also needs to include the initiation of a meeting of apartment owners in accordance with absolutely any painful issue.

Electing council

In this and subsequent chapters, it will be advisable to consider the immediate process, as well as the procedure for electing a council of a multi-unit house. решено, что избрание его осуществляется на общем собрании владельцев квартир. So, the power of attorney of the MCD Council decided that its election is carried out at the general meeting of apartment owners. It is important to note that the initial stage in any case is the carrying out of preparatory work. In addition, it is mandatory to determine the procedure for electing a council of a multi-unit house, as discussed below.

The order of election of members of the structure

. In this chapter, we will consider the procedure for electing the current meeting of the MCD Council . The initial stage is the preparation of a notice on the implementation of a general meeting of apartment owners of an apartment building. It is important to note that the initiators of the event, one way or another, are obliged to inform absolutely all homeowners about the organization of the general meeting (preferably ten days before the date of its holding).

Careful attention should be paid to the fact that notification about the implementation of the above event in any case should be sent to all apartment owners via registered mail. Other methods for informing residential property owners about holding a general meeting must be approved by a general meeting decision. In other words, in order to obtain an easier way to notify real estate owners, for example, by means of announcements on boards with information near the entrances, this method of notification must be approved at the last meeting of the apartment owners.

Notification

. It is important to note that in the notice considered in the previous chapter, the most important is the indication in the agenda of the selection of the members of the council of a multi-apartment building, its chairman, and all the conditions of the power of attorney of the chairman of the ICC Council . It is necessary to know that the implementation of the general meeting for today is possible in accordance with three forms: correspondence, full-time and part-time.

By the way, at present the most popular and popular form of the event is full-time. So, initially, a general meeting of apartment owners is held in full time, but the quorum at this meeting does not have to wait, which is not a serious shock: now it is not necessary to make an announcement about the organization of a new meeting already in accordance with the correspondence form. Why? The fact is that in the case of a full-time meeting, the second begins immediately after the first, in other words, the event is not interrupted under any circumstances. есть возможность раздать собственникам жилых помещений опросные листы для голосования и ждать, когда они поступят в место, предназначенное для хранения таковых. Now the council of MKD has the opportunity to distribute to the owners of residential premises questionnaires for voting and to wait for them to enter the place intended for storage of those. By the way, any date can be considered the end date for the implementation of the event in question, as there are no instructions in the current legislation in terms of temporary limitations of the meeting of apartment owners.

The final stage

After the implementation of the event described in the previous chapter, all relevant decisions are formalized through a protocol. It is necessary to know that decisions are adopted only when more than fifty percent of the votes of owners of living quarters took place in the general meeting. In addition, the share of positive opinions on a decision is also equal to fifty percent as a minimum threshold.

организуются непосредственными собственниками квартир. It is important to note that the election of the council of an apartment building is organized by the immediate owners of the apartments. The fact is that the number of them is not subject to any restrictions, so it is reasonable in this case to guide common sense. It should be noted that the election of the house council is no more than 2 years, after which it is necessary to implement the repeated meeting of homeowners. Then, when a council of a multi-unit apartment is not chosen in a residential building, a local government should initiate the organization of the meeting, but in this case, as a rule, people loyal to the management structure as well as to the local government are included in the council.

Duties of the Chairman

In this chapter, it will be useful to fully consider the duties of the chairman of the council of a multi-unit house. To begin with, it should be noted that he is elected directly from the members of the council of living quarters. Thus, it is the chairman that implements absolutely all the functions of the council of the structure. By the way, that is why his duties often duplicate the duties of the council itself. These include the following items:

• Negotiating with the management structure on the draft management contract, the possibility of incorporating certain changes into it (the latter, as a rule, refer to conditions that are unsatisfactory for owners of residential premises).
• Provision of conditions for the management agreement directly to the general meeting of apartment owners.
• Conclusion of the management contract in the event that the owners of the apartments transferred to him the authority associated with the conclusion of the management contract.
• Immediate control of absolutely all obligations, which, in one way or another, the management structure must perform, and the signing of acceptance certificates of works that have been carried out.
• Speech in the judiciary on issues related to the management of the apartment building and the provision of utility services on the basis of a power of attorney from the owners of apartments.

Chairman's rights

In the final chapter, it will be advisable to consider in detail the rights of the chairman of the council of a multi-unit house. To begin with, it should be noted that under no circumstances should one underestimate his rights in the same way as is done with regard to the right of the council itself. In the case of skilful management and active work, the managing association can be quickly and efficiently compelled to perform the duties corresponding to the nature of the activity. By the way, if you properly acquire skills and certain skills, then from the chairman of a multi-apartment building you can easily hold a meeting of the owners of individual apartments to form a partnership of homeowners in their home.

Then, when there is no question of such global plans, the right to exercise control by the council and, in particular, its chairman behind the managing association is nothing but the most important right, of course, exclusively in able hands. In addition, the right to form acts on transactions carried out by the management structure, as well as to draw up reports on damage to property in general or residential areas, serves as a very serious tool that, in one way or another, resides in the hands of the chairman of the council of an apartment building Living quarters.