Housing Code article 161.1 council of an apartment building. Section VIII. Management of apartment buildings. Who can be the chairman

New edition Art. 161.1 Housing Code of the Russian Federation

1. If a homeowners’ association has not been created in an apartment building or the building is not managed by a housing cooperative or other specialized consumer cooperative and there are more than four apartments in this building, the owners of the premises in this building at their general meeting are required to elect a council apartment building from among the owners of premises in this building. Registration of the council of an apartment building with the authorities local government or other bodies is not carried out.

2. In the cases specified in part 1 of this article, provided that during the calendar year the decision on the election of the council of an apartment building by the owners of the premises in it is not made or the corresponding decision is not implemented, the local government body convenes within three months, the agenda of which includes issues on the election of the council of an apartment building in this building, including the chairman of the council of this building, or on the creation of a homeowners’ association in this building.

3. The council of an apartment building cannot be elected in relation to several apartment buildings.

4. The number of members of the council of an apartment building is established at a general meeting of owners of premises in the apartment building. Unless otherwise established by decision general meeting owners of premises in an apartment building, the number of members of the council of the apartment building is established taking into account the number of entrances, floors, and apartments in the building.

5. Council of an apartment building:

1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;

2) submits to the general meeting of owners of premises in an apartment building, as issues for discussion, proposals on the procedure for using common property in an apartment building, including land plot on which the house is located, on the procedure for planning and organizing maintenance and repair work common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in this building in relation to the common property in this building and providing utilities, as well as proposals on issues of competence of the council of an apartment building, elected commissions and other proposals on issues, the adoption of decisions on which does not contradict this Code;

3) submits proposals to the owners of premises in an apartment building on issues of planning the management of an apartment building, organizing such management, maintenance and repair of common property in this building;

4) submits to the owners of premises in an apartment building, before consideration at the general meeting of owners of premises in this building, its conclusion on the terms of the draft agreements proposed for consideration at this general meeting. If a commission is elected in an apartment building to evaluate draft contracts, the said conclusion is presented by the council of this building together with such a commission;

5) exercises control over the provision of services and (or) performance of work on the management of an apartment building, maintenance and repair of common property in an apartment building and the quality of utilities provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises, included in the common property in this house;

6) submit a report on the work done for approval at the annual general meeting of owners of premises in an apartment building;

7) makes decisions on the current repairs of common property in an apartment building if a corresponding decision is made by the general meeting of owners of premises in an apartment building in accordance with.

6. From among the members of the council of an apartment building, at a general meeting of owners of premises in an apartment building, the chairman of the council of the apartment building is elected.

7. The chairman of the council of an apartment building manages the current activities of the council of the apartment building and is accountable to the general meeting of owners of premises in the apartment building.

8. Chairman of the board of an apartment building:

1) before the general meeting of owners of premises in an apartment building makes a decision on concluding a management agreement for an apartment building, he has the right to enter into negotiations regarding the conditions the said agreement, and in the direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding the terms of contracts specified in parts 1 and 2 of Article 164 of this Code;

2) brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;

3) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, on the conditions specified in the decision of the general meeting of owners of premises in this building, a management agreement for an apartment building or agreements specified in parts 1 and 2 of Article 164 of this Code. Under the management agreement for an apartment building, all owners of premises in the apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and in the case of direct management of an apartment building, the owners of premises in this building, copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this building , from the specified persons;

4) exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acceptance certificates for services provided and (or) work performed on maintenance and routine repairs of common property in an apartment building, acts of violation of quality standards or frequency of provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts of failure to provide utilities or provision of utility services of inadequate quality, and also sends appeals to local government bodies about non-compliance managing organization obligations provided for by this Code;

5) on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in matters related to the management of this building and the provision of utilities;

6) makes decisions on issues that are transferred for decision to the chairman of the council of an apartment building in accordance with the decision of the general meeting of owners of premises in an apartment building, adopted in accordance with clause 4.3 of part 2 of Article 44 of this Code.

8.1. The general meeting of owners of premises in an apartment building has the right to decide on the payment of remuneration to members of the council of the apartment building, including the chairman of the council of the apartment building. Such a decision must contain the conditions and procedure for paying the specified remuneration, as well as the procedure for determining its size.

9. The council of an apartment building operates until re-election at a general meeting of owners of premises in an apartment building or in the event of a decision to create a homeowners’ association until the election of the board of the homeowners’ association.

10. The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in a given building. In case of non-acceptance fixed time At a general meeting of owners of premises in an apartment building, the decision on the re-election of the council of the apartment building, the powers of the council of the apartment building are extended for the same period. In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building.

11. To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in a given building, which are collegial advisory bodies for managing the apartment building, may be elected.

12. Commissions of owners of premises in an apartment building are elected by decision of the general meeting of owners of premises in an apartment building or by decision of the council of the apartment building.

13. The general meeting of owners of premises in an apartment building may decide to use the system or another information system taking into account the functions of these systems in the activities of the council of an apartment building, the chairman of the council of an apartment building, commissions of owners of premises in an apartment building if they are elected, as well as on the determination of persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the said council, chairman, commissions.

In houses No. 43, No. 45 and No. 48 in the village of Razvilka, councils were created based on the decisions of the owners apartment buildings. Why they were created, why, we will try to understand this issue.

The council of an apartment building is a body representing the interests of the owners of premises in an apartment building. The building council is elected in each building with more than four apartments, where a homeowners’ association has not been created and the building is not managed by a housing cooperative or other specialized consumer cooperative (Part 1 of Article 161.1 of the Housing Code of the Russian Federation).

The council of an apartment building is elected for a period of two years, unless a different period is established by a decision of the general meeting of owners of premises in the building (Part 10, Article 161.1 of the Housing Code of the Russian Federation). The number of council members of an apartment building is established at a general meeting of premises owners. Unless otherwise established by a decision of the general meeting of premises owners, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in a given building (Part 4 of Article 161.1 of the Housing Code of the Russian Federation).

The decision to elect the council of a new apartment building must be made within one calendar year from the date the building was put into operation.

If such a decision is not made or the decision taken is not implemented, the local government body must, within three months, convene a general meeting of premises owners to elect the council of the apartment building and its chairman (Part 2 of Article 161.1 of the Housing Code of the Russian Federation).

The council of an apartment building has the following powers:

1. Ensures the implementation of decisions of the general meeting of owners of premises in an apartment building.
2. Submits to the general meeting of owners proposals on the procedure for using common property, planning and organizing work on its maintenance and repair, on the procedure for discussing draft agreements concluded by the owners of premises in the house in relation to common property and the provision of utilities, on the election of commissions from among the owners of premises in house, as well as proposals on issues related to the competence of the council of an apartment building.
3. Provides owners of premises in an apartment building with proposals on issues of planning and organizing the management of an apartment building, maintenance and repair of common property.
4. Presents to the owners (before consideration at the general meeting of owners) its conclusion on the terms of the draft agreements proposed for consideration at this general meeting.
5. Monitors the provision of services and the performance of work related to the management of an apartment building, the maintenance and repair of common property, and the quality of provided utilities.
6. Submits a report on the work done for approval at the annual general meeting of owners.
7. Makes decisions on the current repair of common property in an apartment building if a corresponding decision is made by the general meeting of owners of premises in an apartment building (Part 5 of Article 161.1 of the Housing Code of the Russian Federation).

The council may also exercise other powers within its competence, for example, conducting information work with owners of premises for holding general meetings of owners, conducting surveys to assess the quality of work of the management organization.

In addition, the council is the subject of public housing control (Part 8 of Article 20 of the Housing Code of the Russian Federation). This article states that: “In order to ensure the rights and legitimate interests of citizens, public housing control may be carried out, the subjects of which may be public associations, other non-profit organizations, councils of apartment buildings, etc. interested people in accordance with the law Russian Federation.

As can be seen from this article of the housing code, the powers of the building council are quite significant, and first of all, the rights of the council of an apartment building are to protect the rights of home owners before the management organization. The house council has the right to record all facts of inadequate quality of services provided and report this to the management company itself with the requirement to provide only high-quality utility services. Residents of houses can always contact the house council and get necessary support in resolving this or that issue. Therefore, residents of the houses need to actively work with the house council on this issue.

Clause 8 of Article 161.1 establishes that the chairman of the council of an apartment building is elected from the members of the elected council of the apartment building. In this regard, the responsibilities of the chairman of an apartment building include the following functions:

• He is negotiating with the management organization about the draft management agreement, about the possibility of making changes to it, to the conditions that do not satisfy the homeowners. Presents the terms of the management agreement to the general meeting of owners; If the owners have delegated the authority to conclude a management agreement to the chairman of the council of an apartment building, then he has the opportunity to conclude a management agreement on their behalf;
• Directly controls all obligations that the management organization must fulfill and signs acceptance certificates for the work it has carried out; Also, on the basis of a power of attorney, the owners can appear in court on issues related to the management of an apartment building and the supply of utilities.

It is beneficial for owners to seek help from the house council, since both the house council and the house owners have common interests, they are bound by a common destiny in relation to the house, in solving its problems, in improving the condition of the house and its property. If the owners turn to the council of the house, then problems are identified and optimal ways to solve them are found. And there is no need to be shy in such treatment, more activity, this is an exclusively mutually beneficial cooperation!

1. If a homeowners’ association has not been created in an apartment building or the building is not managed by a housing cooperative or other specialized consumer cooperative and there are more than four apartments in this building, the owners of the premises in this building at their general meeting are required to elect a council of the apartment building houses from among the owners of premises in this house. Registration of the council of an apartment building with local authorities or other bodies is not carried out.

2. In the cases specified in part 1 of this article, provided that during a calendar year the decision to elect the council of an apartment building by the owners of the premises is not made or the corresponding decision is not implemented, the local government body, within three months, convenes a general meeting of the owners of the premises in an apartment building, the agenda of which includes issues on the election of a council of an apartment building in this building, including the chairman of the council of this building, or on the creation of a homeowners’ association in this building.

3. The council of an apartment building cannot be elected in relation to several apartment buildings.

4. The number of members of the council of an apartment building is established at a general meeting of owners of premises in the apartment building. Unless otherwise established by a decision of the general meeting of owners of premises in an apartment building, the number of members of the council of an apartment building is established taking into account the number of entrances, floors, and apartments available in the building.

5. Council of an apartment building:

1) ensures the implementation of decisions of the general meeting of owners of premises in an apartment building;

2) submits to the general meeting of owners of premises in an apartment building, as questions for discussion, proposals on the procedure for using common property in an apartment building, including the land plot on which this house is located, on the procedure for planning and organizing work on the maintenance and repair of common property in an apartment building, on the procedure for discussing draft agreements concluded by the owners of premises in a given building in relation to the common property in a given building and the provision of utilities, as well as proposals on issues of competence of the council of an apartment building, elected commissions and other proposals on issues on which decisions are made does not contradict this Code;

3) submits proposals to the owners of premises in an apartment building on issues of planning the management of an apartment building, organizing such management, maintenance and repair of common property in this building;

4) submits to the owners of premises in an apartment building, before consideration at the general meeting of owners of premises in this building, its conclusion on the terms of the draft agreements proposed for consideration at this general meeting. If a commission is elected in an apartment building to evaluate draft contracts, the said conclusion is presented by the council of this building together with such a commission;

5) exercises control over the provision of services and (or) performance of work on the management of an apartment building, maintenance and repair of common property in an apartment building and the quality of utilities provided to owners of residential and non-residential premises in an apartment building and users of such premises, including premises, included in the common property in this house;

6) submit a report on the work done for approval at the annual general meeting of owners of premises in an apartment building;

7) makes decisions on the current repair of common property in an apartment building if a corresponding decision is made by the general meeting of owners of premises in an apartment building in accordance with clause 4.2 of part 2 of this Code.

6. From among the members of the council of an apartment building, at a general meeting of owners of premises in an apartment building, the chairman of the council of the apartment building is elected.

7. The chairman of the council of an apartment building manages the current activities of the council of the apartment building and is accountable to the general meeting of owners of premises in the apartment building.

8. Chairman of the board of an apartment building:

1) before the general meeting of owners of premises in an apartment building makes a decision on concluding a management agreement for an apartment building, the right to enter into negotiations regarding the terms of the specified agreement, and in the case of direct management of an apartment building, the owners of premises in this building have the right to enter into negotiations regarding the terms of the agreements specified in parts 1 and 2 of this Code;

2) brings to the attention of the general meeting of owners of premises in an apartment building the results of negotiations on the issues specified in paragraph 1 of this part;

3) on the basis of a power of attorney issued by the owners of premises in an apartment building, concludes, under the conditions specified in the decision of the general meeting of owners of premises in this building, a management agreement for an apartment building or agreements specified in parts 1 and 2 of this Code. Under the management agreement for an apartment building, all owners of premises in the apartment building who have granted the chairman of the board of the apartment building powers certified by such powers of attorney acquire rights and become obligated. The owners of premises in an apartment building have the right to demand from the management organization a copy of this agreement, and in the case of direct management of an apartment building, the owners of premises in this building, copies of agreements concluded with persons providing services and (or) performing work on the maintenance and repair of common property in this building , from the specified persons;

4) exercises control over the fulfillment of obligations under concluded contracts for the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building on the basis of a power of attorney issued by the owners of premises in an apartment building, signs acceptance certificates for services provided and (or) work performed on maintenance and routine repairs of common property in an apartment building, acts of violation of quality standards or frequency of provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts of failure to provide utilities or provision of utility services of inadequate quality, and also sends appeals to local government bodies about the management organization’s failure to fulfill the obligations provided for in Part 2 of this Code;

5) on the basis of a power of attorney issued by the owners of premises in an apartment building, acts in court as a representative of the owners of premises in this building in matters related to the management of this building and the provision of utilities;

6) makes decisions on issues that are transferred for decision to the chairman of the council of the apartment building in accordance with the decision of the general meeting of owners of premises in the apartment building, adopted in accordance with paragraph 4.3 of part 2 of this Code.

8.1. The general meeting of owners of premises in an apartment building has the right to decide on the payment of remuneration to members of the council of the apartment building, including the chairman of the council of the apartment building. Such a decision must contain the conditions and procedure for paying the specified remuneration, as well as the procedure for determining its size.

9. The council of an apartment building operates until re-election at a general meeting of owners of premises in an apartment building or in the event of a decision to create a homeowners’ association until the election of the board of the homeowners’ association.

10. The council of an apartment building is subject to re-election at a general meeting of owners of premises in an apartment building every two years, unless a different period is established by a decision of the general meeting of owners of premises in a given building. In case of improper performance of its duties, the council of an apartment building may be re-elected early by the general meeting of owners of premises in the apartment building.

11. To prepare proposals on certain issues related to the management of an apartment building, commissions of owners of premises in a given building, which are collegial advisory bodies for managing the apartment building, may be elected.

12. Commissions of owners of premises in an apartment building are elected by decision of the general meeting of owners of premises in an apartment building or by decision of the council of the apartment building.

13. The general meeting of owners of premises in an apartment building may make a decision on the use of a system or other information system, taking into account the functions of these systems in the activities of the council of the apartment building, the chairman of the council of the apartment building, commissions of owners of premises in the apartment building if they are elected, as well as determining the persons who, on behalf of the owners of premises in an apartment building, are authorized to ensure the activities of the specified council, chairman, and commissions.