Methodological recommendations on the organization, activities, accounting of house committees and interaction with them of territorial bodies and authorized management organizations(Newspaper "Apartment Row", No. 05 (524) dated February 10, 2005)
Real guidelines developed in pursuance of clause 4.1 of the Moscow Government Decree dated September 21, 2004 No. 651-PP in order to ensure a uniform approach to the work of territorial bodies executive power and authorized management organizations with house committees, resolving issues related to the activities of the elders in the entrances, houses in which house committees have been created, explaining the procedure for the creation and activities of house committees and their interaction with authorities and management organizations.
1. Basic concepts and principles of the activities of the house committee
1.1. House Committee is a public voluntary association of citizens (tenants, homeowners) at their place of residence in an apartment building (houses), condominium, for the purpose of joint decisions social problems in the housing sector, exercising public control over the maintenance, technical operation and repair of residential buildings, as well as maintenance of local areas, improvement and landscaping facilities.
1.2. A house committee can be organized in a separate apartment building, a group of apartment buildings, or a condominium if there are no other associations of residents (associations of homeowners, housing and housing-construction cooperatives, territorial communities) created for the purpose of managing or monitoring the management, maintenance, operation and repair of apartment buildings, condominiums.
House committees can be created in residential buildings, condominiums served by the directorates of a single customer, other management organizations authorized by executive authorities.
1.3. The house committee is created by decision of the residents apartment building(houses), condominium.
1.4. The house committee is considered created from the moment residents make decisions on the creation of a house committee, approval of its charter and the formation of the governing bodies of the house committee, taking into account the procedure provided for by these recommendations (voting at a general meeting or by conducting a written survey, voting). From the moment these decisions are made, the house committee carries out its activities in accordance with the charter, taking into account these recommendations.
1.5. House committees may register in the manner prescribed federal law“On public associations”, and acquire rights legal entity or function without state registration and acquisition of rights of a legal entity.
Registration of house committees, regardless of their state registration, is carried out by district governments in order to monitor and ensure control over the provision of benefits to members of the governing body of the house committee.
To carry out registration, the chairman of the house committee (or other authorized person) applies to the district government with an application, to which is attached the minutes of the general meeting of residents with registration sheets or the protocol of a written survey with the attachment of questionnaires (voting papers) on the creation of the house committee, as well as the charter .
1.6. The house committee carries out its work with the involvement of active residents and in contact with other public associations of citizens (including other house committees and associations of house committees), the district government, authorities local government, managing and servicing housing stock organizations. The House Committee takes part in resolving issues directly related to residents of an apartment building (houses), condominium, including the maintenance, operation and repair of housing stock and landscaping of the local area.
1.7. The House Committee in its activities is guided by the Constitution of the Russian Federation, the federal law “On Public Associations”, other legislative and regulatory legal acts Russian Federation and the city of Moscow, by these recommendations and the adopted charter of the house committee.
1.8. The charter of the house committee (Appendix 1) contains: name, regulations on the structure, governing body, indication of the territory within which the house committee carries out its activities, the competence and procedure for forming the governing body, terms of its powers, the procedure for making changes and additions to the charter of the house committee committee, the procedure for terminating the activities of the house committee, a list of tasks and functions for exercising public control over the maintenance, operation and repair of a residential building (houses), condominium and local area, other tasks that do not contradict the law, the procedure for holding general meetings of residents and meetings of the governing body of the house committee, the procedure for conducting written surveys and making decisions, provisions on accountability and responsibility of the governing body of the house committee to residents, as well as other provisions that do not contradict the law. The charter of the public association being created contains the words “house committee” in its name.
Model charter house committee (appendix)
tion 1) contains only general provisions on the creation and activities of a house committee, in connection with which the wording of the charter of the house committee can be changed taking into account the characteristics of the territory and the proposals of residents.
2. Making a decision to create a house committee, choosing the composition of its governing body and approving the charter
2.1. The decision on the formation of a house committee and the selection of its governing body is made by citizens united on the basis of a community of interests to achieve common goals specified in the charter, at the place of residence in an apartment building (houses), condominium (owners, tenants or representatives of their families - one representative each from each family), then - residents, at a general meeting by open voting or by conducting a written survey (voting).
2.1.1. The governing body of the house committee (House Council, House Committee Board) is elected from among the residents of the apartment building (houses), condominium in a number equal to the number of entrances of the apartment building plus 1 person, but not more than 3 people (for a single-entrance house), for a period established the charter of the house committee, but for no more than 4 years. After the expiration of the specified period, residents, in the manner prescribed by the charter of the house committee, re-elect the governing body of the house committee in the same or different composition.
The governing body of the house committee manages the current activities of the house committee and is accountable to the general meeting of residents of the house. The procedure and forms of reporting may be determined by the charter.
The governing body of the house committee (House Council, House Committee Board) can be formed from senior people in the house and entrances. At the same time, approval of the composition of the governing body of the house committee (House Council, House Committee Board) is also carried out in accordance with paragraphs. 2.2 or 2.3 recommendations.
2.1.2. From the moment of the creation of the house committee, the institute of elders for the house and entrances is abolished and all functions of the institute of elders for the house and entrances - the primary structure of the public association of citizens (Appendix 2 to the Moscow government decree of May 26, 1998 No. 421) are performed governing body house committee - as a collegial body of the association of residents. The simultaneous existence in the same house of an institute of elders for houses and entrances and house committees is not allowed.
2.1.3. From the moment of the creation of the house committee, the benefits provided to the elders in the house and at the entrances, according to the relevant regulatory legal act, apply to members of the governing body of the house committee (House Council, House Committee Board), taking into account the restrictions on the number of members specified in clause 2.1.1 of the recommendations . Benefits provided for by the relevant regulations legal act, are provided by order of the head of the district government on the basis of the minutes of the general meeting (written survey) of the residents of the house on the creation of a house committee and on the selection of members of its governing body, after registration.
The benefits specified in this paragraph are provided after the release of the corresponding administrative document of the Moscow government.
2.1.4. The creation of house committees, as well as resolution of other issues affecting the interests of all residents of an apartment building, is carried out by holding a general meeting of residents of the building or a written survey (voting).
2.2. Conducting meetings on the organization and during the activities of the house committee.
2.2.1. Meetings are called by the residents of one house, group of houses or condominium, by the governing body of the house committee. Citizens (owners, tenants or representatives of their families - one representative from each family), permanently registered at the place of residence in an apartment building (houses), condominium, who have reached the age of 18, have the right to participate in the meeting.
2.2.2. When organizing a general meeting, district governments provide or facilitate the provision of premises for holding general meetings.
District governments also help provide the house committee with premises for work - holding meetings, meetings, conferences, etc.
2.2.3. Meetings of residents of a house, group of houses, condominium are recommended to be held if total number citizens entitled to participate in the meeting do not exceed 100 people and there is a suitable room for holding the meeting.
2.2.4. The initiators of a meeting to organize a house committee and select its governing body can be an initiative group of residents of an apartment building (houses), a condominium of at least 3 people (hereinafter referred to as the initiative group), senior residents of the house and entrance, as well as local government and territorial executive authority operating in a given territory.
2.2.5. The initiative group notifies citizens who have the right to participate in the meeting at least 10 days before the meeting, and also has the right to notify the head of the district government, the municipality municipality and the management organization.
Notification is sent in writing. It indicates the date, time and place of the meeting, the addresses of the houses whose residents are participating in the meeting, the expected number of participants, the agenda, and personnel initiative group indicating last names, first names, patronymics, place of residence and contact numbers.
Initiators of the meeting, using various shapes, familiarize residents in advance with materials related to the creation and activities of house committees, their powers for public control over the provision of housing and communal services and the safety of the housing stock, and other issues brought to the meeting.
2.2.6. The initiators of the meeting can hold consultations (discussions) with residents on the issues submitted for consideration.
2.2.7. District government, management organization, Department housing policy and the housing stock of the city of Moscow and the municipality may send their representatives to participate in the general meeting of residents.
2.2.8. The meeting to create a house committee is opened by one of the members of the initiative group. To conduct the meeting, a working presidium is elected, consisting of the chairman, the secretary of the meeting, as well as other persons at the discretion of the meeting participants. The chairman and secretary of the meeting may be elected from among authorized representatives of government bodies or local self-government. Elections of the presidium and approval of the rules of the meeting are carried out by a majority vote of the meeting participants upon the proposal of the initiator of the meeting and/or meeting participants.
The meeting is valid if at least 50% of the residents specified in clause 2.2.1 participate in it. The list of those present is compiled by the initiative group.
The decision of the meeting on the creation of a house committee and the election of its governing body is made by a majority vote of the residents present at the meeting, specified in clause 2.2.1, by open voting.
The procedure for holding general meetings of the house committee and making decisions is determined by the charter of the house committee, taking into account these recommendations.
Voting is carried out on each issue on the meeting agenda.
Representatives of government bodies and other persons present at the meeting do not participate in voting.
The secretary of the meeting keeps minutes of the meeting, which indicate: numbers of apartments, entrances, addresses of houses whose residents participate in the meeting,
number of residents participating in the meeting, initiators (composition of the initiative group), date, time and place of the meeting, full formulation of the agenda items being considered, names of speakers, summary speeches on the issues under consideration, decision. The list of registered participants of the meeting with their signatures and the list of government representatives and other persons participating in the meeting are annexed to the minutes.
If residents make a decision to create a house committee, the minutes include the surnames, first names, patronymics, apartment numbers, contact telephone numbers of the elected members of the governing body of the house committee, including the chairman of the house committee (if, in accordance with the charter of the house committee, the chairman is elected at the meeting).
Members of the governing body of the house committee can elect a chairman from among themselves at the first meeting (if the charter of the house committee provides for the election of a chairman at a meeting of the governing body of the house committee).
The governing body and the chairman of the house committee are elected for a period of no more than 4 years.
The minutes are read out by the chairman of the meeting to the participants of the meeting and signed by the chairman and secretary of the meeting.
2.2.9. The procedure for holding house committee meetings is determined by the charter (Appendix 1).
2.2.10. The notice of the meeting, signed by the chairman and secretary of the meeting, the minutes of the meeting containing the decision to create a house committee and the charter of the house committee, including a list of elected leaders of the house committee with contact numbers, are sent to the district government for accounting and to the management organization.
2.3. Conducting a written survey (written vote) of residents.
2.3.1. Decisions on the creation of a house committee, the election or re-election of the governing body of the house committee, including the chairman, as well as on other issues related to the activities of the house committee, may be made on the basis of a written survey of residents of an apartment building (houses), condominium, specified in paragraph 2.2.1.
2.3.2. The initiator of a written survey of residents on the issue of creating a house committee can be an initiative group of residents of an apartment building (houses), a condominium of at least 3 people, senior people in the house or entrance, as well as authorities and local government.
2.3.3. An initiative group of residents has the right to notify the head of the district government, the municipality, and the management organization about the proposed survey of residents on the issue of creating a house committee.
The district government, the organization authorized by the district government, and the municipality assist the initiative group in conducting a written survey of residents.
2.3.4. A written survey of residents of an apartment building (houses), condominium is carried out using questionnaires.
The questionnaire must contain a list of questions for voting, data on residents of an apartment building (houses), condominium (apartment number, full name) specified in clause 2.2.1. Voting is carried out by collecting signatures on the issues being voted on.
Based on the results of the written survey, a protocol for recording the voting results is drawn up and signed by members of the initiative group, with questionnaires attached. The protocol must indicate the contact numbers of members of the initiative group. Members of the initiative group sign each questionnaire.
When conducting a written survey, the decision is considered adopted if more than 25% of the residents specified in clause 2.2.1 vote for it. In this case, the number of respondents should exceed 50% of total number residents of the house specified in clause 2.2.1, including those who refused to vote and abstained.
2.3.5. In order to ensure the legality and respect for the rights and interests of all residents of the house (houses), condominium, the head of the district government may send his representative as an observer to the initiative group to collect signatures.
2.3.6. The head of the district government provides organizational and technical assistance in conducting the survey, preparing questionnaire forms, as well as the charter of the house committee.
2.4. The House Committee builds its work on the basis public self-government in accordance with the charter adopted at the general meeting of residents of the apartment building (houses), condominium specified in clause 2.2.1.
2.5. Termination of the activities of the house committee is carried out by decision of the general meeting or a written survey of residents of the apartment building (houses), condominium specified in clause 2.2.1.
2.6. The powers of the house committee provided for by these recommendations arise in full from the moment of registration of the house committee with the district government.
3. Activities of house committees in the exercise of powers for public control over the management, maintenance and operation of residential buildings
3.1. The House Committee carries out the following functions for public control over the management, maintenance, repair and operation of an apartment building (houses), condominium:
3.1.1. Participation in the preparation of proposals during development by the management organization and the district government long-term plans on management, maintenance, repair and improvement, as well as measures to improve the operation and safety of the housing stock. Exercising public control over the maintenance, operation and repair of a residential building, as well as the maintenance and improvement of the local area.
3.1.2. Implementation of public control of the quality and volumes of housing and communal services provided.
3.1.3. Assisting in the organization of resource-energy saving measures, as well as the repair of facilities common use.
3.1.4. Participation in commissions for inspection of housing stock, verification technical condition residential buildings and engineering equipment, as well as preventive inspection of roofs and basements in order to prepare proposals for current and major repairs. 3.1.5. Exercising public control over the timely and high-quality implementation of work on current and major repairs of the housing stock, as well as improvement work.
3.1.6. Participation in commissions for the acceptance of all types of work on the maintenance, operation and repair of a house (houses), condominium, including the acceptance of work to prepare a house for seasonal operation, improvement of the local area with the right to sign the work acceptance certificate. If disagreements arise or dissatisfaction with the quality of the work performed, a representative of the house committee has the right to refuse to sign and write down his dissenting opinion in the work acceptance certificate. The dissenting opinion must be considered by the Conciliation Commission at the district government.
3.2. The house committee has the right to request and receive information from the management organization about the costs of operating and repairing the house and surrounding area.
3.3. Authorized representatives of the governing body of the house committee have the right to take part in meetings held in the district government with the right of an advisory vote on issues affecting the interests of residents of an apartment building (houses), condominium.
3.4. District governments and authorized management organizations inform house committees on upcoming projects for improvement of local areas, in order to identify the needs of residents and take into account their suggestions.
3.5. The house committee takes public enforcement measures against residents who fail to pay housing and utility bills on time and who violate the rules for the use of residential premises and common property of the house.
Measures of social influence carried out by house committees at the place of residence (warning, public reprimand, discussion of offenses, etc.) should not violate the constitutional rights and freedoms of citizens.
3.6. The governing body of the house committee informs residents about its activities related to the performance of functions under clause 3.1, and also at least once a year holds a reporting meeting with residents of the apartment building (houses), condominium, or a written survey of residents on the activities of the house committee and its governing body.
3.7. House committees have the right to keep a register of complaints and suggestions from residents on issues of operation, maintenance and repair, which are considered at meetings of the governing body of the house committee (Council, Board of the House Committee) with the participation of representatives of the management organization if disagreements arise. Individual comments and proposals may be considered by the Conciliation Commission.
3.8. If the chairman or other leaders of the house committee violate the current legislation or articles of the charter, they can be re-elected early at a general meeting of residents of an apartment building (houses), condominium or by written poll (voting).
4. Interaction between house committees and district administrations
4.1. District governments ensure that authorized management organizations comply with the requirements of Moscow Government Decree No. 651-PP dated September 21, 2004 and these recommendations when interacting with house committees.
4.2. In order to ensure the rights of house committees, district governments form conciliation commissions.
4.2.1. Subject to consideration by the Conciliation Commission in the district government controversial issues, related to the activities of house committees and their interaction with management organizations within the framework of Moscow Government Decree No. 651-PP dated September 21, 2004 and these recommendations.
If the charter of the house committee provides additional powers that do not contradict current legislation, the Commission may consider other issues.
4.2.2. The conciliation commission operates on a permanent basis and is a collegial body of the district government.
The commission is created by order of the head of the government.
The commission consists of officials of the district government and representatives of house committees and their associations. The Commission may also include representatives of local government bodies, the Office of the Department of Housing Policy and Housing Fund of Moscow in the administrative district, specialized authorized organizations (Moszhilinspektsiya, OATI, Gospozharnodzor, SES, etc.).
4.2.3. The Commission's decision can be appealed to the prefecture administrative district or in court.
4.3. District governments carry out accounting registration of house committees and upon submission of the minutes of the general meeting (written survey), if the chairman and deputy chairman were elected directly at the general meeting (based on the results of a written survey), and the minutes of the meeting of the House Council, the board, if the chairman and deputy chairman were elected at this meeting, issue certificates to the indicated persons. The certificate is signed by the head of the council or his deputy.
In order to carry out the registration of house committees, a register is drawn up in the district government. The log should reflect the following information about the house committee:
– address of the house (houses), condominium;
- FULL NAME. chairman of the house committee;
– contact number;
– date of creation of the house committee (date of holding a general meeting or conducting a written survey, voting);
– date of registration of the house committee;
– registration number of the house committee (the registration number must contain the serial number, the name of the district government, the name of the district).
Also, similar information is maintained in the district government in electronic form.
4.4. District governments provide assistance to house committees in conducting outreach work among residents (installation of notice boards, production of information materials and so on.).
4.5. District governments provide training for members of house committees, followed by certification and issuance of certificates of training.
4.6. Heads of administrations and heads of authorized management organizations appoint a reception day (at least once every two weeks) for house committees.
(Approved by order of the Department of Housing Policy and Housing Fund of Moscow dated December 23, 2004 No. 1108)
The to-do list of the building manager, familiar to us, is gradually being replenished with new functions
Now it’s not just a pensioner chasing young people in the entrance or placing advertisements for track record cleaners and disgusting residents, now, among other regalia, building the right relationship with the management company has been added.
After all, now the owners are forced to take care of the common space themselves. How to organize this activity? We will tell you about two options for managing an apartment building on the part of residents.
First of all, this can be one senior person in the entrance, or the so-called house committee
As we have already said, in addition to the homeowners association or management company, there are two more forms of managing an apartment building, one of which is direct management, that is, maintenance, repairs and other work on the house are carried out on the basis of civil contracts.
One side is the organizations providing housing and communal services or repair services, and the second is the apartment owners. By general rule under this scheme, decisions are made by residents at a general meeting with a quorum of 50%.
But often in practice it is simply impossible to hold such meetings, and problems in this area need to be resolved regularly, and sometimes promptly, which is why there is a need to appoint a senior person in charge of the house.
Housing king and god
Everyone remembers the comical song by Sergei Galtsin about “The battery suddenly fell off, doused with boiling water,” in which the hero of the poem exclaimed: “Where is my house manager?” - just about them. Noise at the entrance or a party after 10 pm, addresses to residents, discussion latest news on a bench - these are the activities that we usually attribute to the activities of a house manager, but they, however, have much more expanded responsibilities.
According to Article 164 of the Housing Code of the Russian Federation, at a general meeting, residents have the right to choose an authorized person who will represent their interests in relations with third parties. As a rule, this position is called “house manager”. After being elected to the position, the house elder acts not on his own behalf, but on behalf of all residents.
Now let's try to list the responsibilities that the entrance manager can perform. Among them are periodic monitoring of the cleaning of the entrance, stairwells, elevator cabins and other common areas, including the carrying out of current and major repairs, that is, in essence, monitoring the implementation of housing maintenance organizations of work on cleaning, improvement and equipment of adjacent buildings territories, for compliance with sanitary, hygienic, environmental, fire and operational requirements. And also evaluate the quality of the work performed by the management organization (the board of the HOA or housing cooperative), participate in the preparation of acceptance certificates for the work performed, and in case of shortcomings, demand a solution. In winter, this means monitoring snow removal in the local area.
The building manager also takes all possible measures to eliminate shortcomings and violations in the operation and maintenance of common property in the entrance, and prepares proposals for the maintenance and preservation of property. Also in charge is the storage of a set of keys to emergency exits, service and operational premises, electrical panels and input devices.
The person who takes on the responsibilities of a senior must have all the necessary knowledge, which will help explain to residents their rights and responsibilities for the maintenance and operation of residential and non-residential premises, public places, to know the addresses of operational organizations where they can contact in case of emergencies, emergencies or any other situations.
An ideal building manager keeps and stores logs of minutes of general meetings of residents, for which he is also responsible, records of residents’ requests, joint technical inspections of common property, as well as a passport of an apartment building.
In order to ensure the fulfillment of all these functions, the entrance senior has the right to request necessary information from residents, send demands to the management organization (board of the HOA or housing cooperative) to eliminate violations of obligations.
Even participate in monitoring the use of financial resources for maintenance, current and major renovation common property of owners of apartment building premises. Take public enforcement measures against tenants and owners of residential premises and persons living with them who violate the rules of use.
If the manager fails to perform his duties in good faith, he may be removed from office at a general meeting. The minutes of such a meeting must be submitted to the district administration, which will remove him from office. In addition, do not forget to revoke signed powers of attorney.
Committee of "brownies"
Domkom is public association citizens, based on a voluntary basis at their place of residence in an apartment building. The purpose of the committee is to jointly solve social problems in the housing sector, develop friendly relations between neighbors, create a comfortable living environment, exercise public control over the maintenance of residential buildings and adjacent areas, improvement and landscaping facilities. It is worth noting that, following Article 161.1. Housing Code of the Russian Federation, the council cannot be elected in relation to several apartment buildings.
If you decide that your house is not enough for the hands of one senior person in the building, then you can create a house committee. Let us remind you that you can either remove the person in charge or make him the chairman of the house committee. In order to assemble a committee, you need to hold a meeting of the owners of residential premises, at which a protocol is drawn up on the beginning of the creation of the house committee, indicating the main directions of its activities and the name of the expected powers, territory of action and the number of participants.
At the same meeting, an initiative group should be selected. The number of members of the council of an apartment building is also established at the general meeting. Then hold a second meeting, at which the regulations on the house committee will be adopted, and elections of the leadership will also take place - the chairman, his deputy, secretary and others. To be elected to these positions, candidates must receive more than half the votes of the meeting participants.
The head of the committee is responsible for negotiating the terms of service with the management company and signing the relevant documents. In addition, the chairman of the committee will, if necessary, defend the interests of the owners in court.
An example of the excellent work of the house committee is house number 65 on Molodogvardeytsev Street. Quite recently, a major renovation was done in the yard. Then the residents decided: once they did it, it was necessary to preserve it.
As a result, they not only preserved, but turned an ordinary courtyard into a real work of art. The initiative group develops flower beds, grows seedlings on their plots, and then brings them, and subsequently each flower-tree will find a suitable place. The result is an excellent yard, in which residents are now concerned with completely different issues.
A big advantage of creating a house committee is the ability to distribute responsibilities for more detailed work. One person from the committee, say a gardener, could be responsible for planting and flower beds, someone who knows about repairs could be responsible for the condition of the entrance, and someone with a legal education could advise residents.
A respected person would be placed at the head of the committee, who could quickly make decisions, gather owners for meetings and keep a file of minutes, and the secretary could draw them up. Of course, such a volume of work is simply unthinkable in the hands of one person.
CHARTER OF THE HOUSE COMMITTEE
1. GENERAL PROVISIONS
1.1. The House Committee "__________" was created by the decision of the General Meeting of owners of premises (representatives) of an apartment building, Minutes No. __ dated "___"________ ____, located at the address: ________________, in order to exercise public control in the field of management of an apartment building, ensuring safety, maintenance and repair of an apartment building, as well as maintenance of the local area.
1.2. The house committee is a public voluntary association of owners of premises in an apartment building to exercise public control over the maintenance, technical operation and repair of an apartment building, as well as the maintenance of adjacent areas, improvement and landscaping facilities.
1.3. The house committee exercises public control over the management, maintenance, operation and repair of an apartment building, and on behalf of the owners of the premises of the apartment building, takes part in resolving issues directly affecting the owners of the premises of the apartment building.
1.4. The House Committee in its activities is guided by the Constitution of the Russian Federation, the Housing Code of the Russian Federation, other legislative and regulatory acts of the Russian Federation, and this charter.
1.5. The House Committee interacts and cooperates with other public authorities, local governments, etc.
2. PROCEDURE FOR FORMING THE GUIDING BODY OF THE HOUSE COMMITTEE
2.1. The governing body of the house committee (council) is formed from among the persons elected at the General Meeting of residents of the house or by conducting a written survey consisting of ________ (number of people). The house committee includes senior residents of the building.
2.1.1. The governing body of the house committee manages the current activities of the house committee, implements decisions made by the residents of the house, and also represents the interests of the house committee in interaction with other organizations and authorities.
2.1.2. Solutions for current issues are adopted by the governing body by open vote by a majority vote of those present; in the event of a tie, the vote of the chairman is decisive.
2.2. The chairman of the committee is elected at the first meeting from among the council of the house committee for a period of no more than ________ year.
After the specified period, a General Meeting of residents of an apartment building or a written survey of residents is held to evaluate the results of the chairman’s activities and to elect a new chairman (a chairman whose term of office has expired may be elected for a new term).
2.3. Chairman of the Committee:
Organizes the work of the house committee;
Prepares and convenes meetings of the governing body of the house committee;
Organizes and controls the implementation of decisions of the house committee;
Provides assistance to the management organization in identifying facts of unauthorized construction, construction of cellars, unauthorized installation of garages, redevelopment of apartments and common areas, cutting down green spaces;
Organizes control over the management organization’s performance of its functions.
2.4. The Chairman has the right:
2.4.1. Take public enforcement measures against owners of premises in an apartment building who violate the rules for using the premises and common areas of the apartment building.
2.4.2. Take part in the commission for the acceptance of all types of work on the maintenance, maintenance and all types of repairs of an apartment building and landscaping of the territory.
2.4.3. To petition the authorities and the managing organization to provide assistance in renovating apartments for disabled people of the Great Patriotic War, categories of persons equated to them and low-income citizens. Communicate with authorities social protection to provide assistance to lonely and elderly citizens, families of fallen soldiers, large families, children left without parental care, and other socially vulnerable categories of citizens.
2.4.4. Invite the owners of an apartment building to meetings of the governing body of the building committee (council).
2.4.5. Interact and collaborate in your work with the management organization.
2.4.6. Contact the relevant management organization regarding your competence.
2.4.7. Participate in meetings of apartment building owners.
2.4.8. The chairman of the committee annually reports to the owners of the apartment building on the work of the committee at General Meetings.
2.5. The distribution of responsibilities between the remaining members of the governing body of the house committee is made at meetings of the governing body of the house committee and is recorded in the minutes.
3. MAIN TASKS, RIGHTS AND SCOPE OF ACTIVITY
HOUSE COMMITTEE
House Committee:
3.1. Organizes the owners of an apartment building to participate in activities aimed at developing social infrastructure, preserving the apartment building and elements of yard improvement, maintaining public order and safety.
3.2. Exercises public control over:
Compliance by the owners of the premises with the rules for the use of premises and common property;
Purposeful use of the premises of an apartment building;
The condition of the local area.
3.3. Participates in commissions to inspect an apartment building, entrances, improvement facilities in the adjacent territory, heat supply networks, electrical energy, gas, water, sewerage during planned seasonal work.
3.4. Provides assistance to owners of apartment building premises in drawing up appeals to authorities state power and local government, managers and other organizations.
3.5. Organizes the participation of owners of apartment building premises with their consent in community service for putting the entrance in order, cleaning, landscaping, caring for green spaces and landscaping the adjacent local area, construction and preservation of sports equipment, playgrounds, recreation areas, small architectural forms (equipment for drying clothes, lighting poles, benches, trash cans, fencing), dog walking areas and other works.
3.6. Works with owners of apartment building premises to ensure exemplary maintenance of entrances, basements, balconies, loggias, and local areas.
3.7. Together with officials management organization and, with the consent of the owners of the premises of an apartment building, inspects the technical condition, sanitary maintenance of residential premises, and takes measures to stop violations of public order in the apartments.
3.8. Considers, within the limits of its powers, appeals from the owners of the premises of an apartment building, and, if necessary, sends materials to local governments and authorities.
3.9. Maintains constant contacts with the local inspector of the Department of Internal Affairs, the State Traffic Safety Inspectorate, and the Commission on Juvenile Affairs. If necessary, reports to law enforcement agencies about violations of public order and passport regulations. Together with law enforcement agencies organizes owners of apartment building premises to prevent terrorist activities, drug distribution, cases of vandalism and hooliganism.
3.10. Provides assistance to city institutions in the development of physical education and mass work, education, reasonable organization of leisure time for children and adolescents, responds to facts of their neglect, antisocial behavior, as well as the careless attitude of parents to raising children, conducts educational work with dysfunctional families and adolescents.
3.11. Provides assistance to healthcare institutions and sanitary services in carrying out preventive anti-epidemic measures, authorities fire safety in the implementation of measures to ensure the fire safety condition of apartments, places of use, and communal facilities.
3.12. Monitors the availability and safety of the bulletin board, places the necessary materials on it. If possible, informs the owners of apartment building premises about upcoming interruptions in the provision of utility services and other important events for the owners of apartment building premises in the field of housing and communal services.
3.13. Participates in meetings held in local government bodies, with the right of an advisory vote on issues affecting the interests of the owners of an apartment building, or sends its representatives.
3.14. Participates in the preparation of proposals when the management organization and local government develop long-term plans for maintenance, repair and improvement, as well as measures to improve the operation and safety of an apartment building.
3.15. Participates in commissions to inspect an apartment building, check the technical condition of an apartment building and engineering equipment, as well as preventive inspection of roofs and basements in order to prepare proposals for current and major repairs.
3.16. Participates in commissions for the acceptance of all types of work on the maintenance, servicing and repair of an apartment building, including the acceptance of an apartment building for operation in the autumn-winter period, with the right to sign the work acceptance certificate. If disagreements arise or dissatisfaction with the quality of the work performed, a representative of the house committee has the right to refuse to sign and write down his dissenting opinion in the work acceptance certificate.
3.17. The governing body (council) of the house committee is obliged to hold a reporting meeting at least once a year before the owners of the premises of an apartment building, and to inform residents in other ways about the work done.
3.18. The governing body of the house committee maintains a register of complaints and suggestions from owners of premises in an apartment building. Comments and proposals from the owners of the premises of an apartment building are considered at meetings of the governing body (council) of the building committee with the participation of representatives of the management organization and the owners of the premises of the apartment building who have filed complaints.
3.19. The implementation of activities carried out by the house committee is carried out through voluntary contributions from the owners of the premises of an apartment building in accordance with the target programs of the house committee.
4. PROCEDURE FOR DECISION MAKING BY PREMISES OWNERS
APARTMENT BUILDING
4.1. Owners of premises in an apartment building are required to annually hold an annual General Meeting of owners of premises in an apartment building. The timing and procedure for holding an annual meeting of owners of premises in an apartment building, as well as the procedure for notifying about decisions made by it, are established by the General Meeting of owners of premises in an apartment building.
4.2. General meetings of owners of premises in an apartment building held in addition to the annual meeting are extraordinary. An extraordinary General Meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.
4.3. The exclusive competence of the meeting of owners of premises of an apartment building includes:
1) election of the governing body (council) of the house committee;
2) approval of the charter of the house committee, introduction of changes and additions to the charter of the house committee, or approval of the charter of the house committee in a new edition;
3) approval of internal documents of the house committee regulating the activities of the bodies of the house committee;
4) making a decision on the reorganization or liquidation of the house committee;
5) election and early termination powers of members of the governing body (council) of the house committee;
6) making decisions on the reconstruction of an apartment building (including its expansion or superstructure), construction of outbuildings and other buildings, structures, structures, repair of property in an apartment building;
7) making decisions about the limits of use land plot, on which the apartment building is located, including the introduction of restrictions on its use;
8) making decisions on the transfer of property for use in an apartment building;
9) choosing a method of managing an apartment building;
10) selection of a management organization to manage the house;
11) other issues not prohibited by law.
4.4. The general meeting of owners of premises in an apartment building is valid (has a quorum) if the owners of premises in this building or their representatives with more than fifty percent of the votes took part in it. If there is no quorum for holding an annual meeting of owners of premises in an apartment building, a repeat General Meeting of owners of premises in an apartment building must be held.
4.5. The owner, on whose initiative a General Meeting of owners of premises in an apartment building is convened, is obliged to inform the owners of premises in this building about the holding of such a meeting no later than ten days before the date of its holding. Within the specified period, a notice about holding a meeting of owners of premises in an apartment building must be sent to each owner of premises in this building by registered mail, unless the decision of the meeting of owners of premises in a given house provides for another way of sending this message in writing, or handed to each owner of premises in a given house against signature, or posted in the premises of a given house, determined by such a decision and accessible to all owners of premises in a given house .
4.6. The notice of holding a meeting of owners of premises in an apartment building must indicate:
1) information about the person on whose initiative this meeting is convened;
2) the form of holding this meeting (meeting or absentee voting);
3) the date, place, time of this meeting or, if this meeting is held in the form of absentee voting, the closing date for accepting decisions of owners on issues put to vote, and the place or address where such decisions should be transferred;
4) the agenda of this meeting;
5) the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.
4.7. Decisions of the meeting of owners of premises in an apartment building on issues put to vote are adopted by a majority vote of the number of votes of the owners of premises in an apartment building participating in this meeting, with the exception of the decisions provided for in subparagraphs 7-9 of paragraph 3 of this section, which are adopted by a majority of at least two thirds of the votes of the owners of premises in an apartment building. Decisions of the meeting of owners of premises in an apartment building are documented in protocols in the manner established by the General Meeting of Owners of premises in a given building.
4.8. The general meeting of owners of premises in an apartment building does not have the right to make decisions on issues not included in the agenda of this meeting, or to change the agenda of this meeting.
4.9. Decisions adopted by the General Meeting of owners of premises in an apartment building, as well as the voting results, are brought to the attention of the owners of premises in this building by the owner, on whose initiative such a meeting was convened, by posting a corresponding message on the notice board no later than ten days from the date of adoption of these decisions.
4.10. Protocols General meetings owners of premises in an apartment building and the decisions of such owners on issues put to vote are stored in the governing body (council) of the house committee.
4.11. The decision of a meeting of owners of premises in an apartment building, adopted in the manner prescribed by this Charter, on issues within the competence of such a meeting, is binding on all owners of premises in an apartment building, including those owners who did not participate in the voting.
4.12. The decision of a meeting of owners of premises in an apartment building can be made without holding a meeting (the joint presence of owners of premises in a given building to discuss issues on the agenda and make decisions on issues put to vote) by absentee voting - by transfer to the place or address that indicated in the notice of a meeting of owners of premises in an apartment building, in written form of decisions of the owners on issues put to vote.
Those who took part in the General Meeting of owners of premises in an apartment building, held in the form of absentee voting, are considered to be the owners of premises in this building, whose decisions were received before the closing date for their reception.
The owner’s decision on issues put to vote must indicate:
2) information about the document confirming the ownership of the person participating in the vote to the premises in the corresponding apartment building;
3) decisions on each item on the agenda, expressed in terms of “for”, “against” or “abstained”.
4.13. The right to vote at the General Meeting of owners of premises in an apartment building on issues put to vote belongs to the owners of premises in this building. Voting at the General Meeting of owners of premises in an apartment building can be carried out by the owner of the premises in this building either personally or through his representative.
The representative of the owner of premises in an apartment building at the General Meeting of owners of premises in this building acts in accordance with the powers based on a written power of attorney for voting. The power of attorney for voting must contain information about the represented owner of the premises in the relevant apartment building and his representative (name or designation, place of residence or location, passport details) and must be drawn up in accordance with the requirements of paragraphs. 4 and 5 tbsp. 185 of the Civil Code of the Russian Federation or certified by a notary.
The number of votes that each owner of premises in an apartment building has at the General Meeting of Owners of premises in a given building is proportional to his share in the right of common ownership of the common property in this building.
Voting on issues on the agenda of a meeting of owners of premises in an apartment building can be carried out through written decisions of the owners on issues put to vote.
Voting on issues on the agenda of a meeting of owners of premises in an apartment building, carried out in the form of absentee voting, is carried out only through written decisions of the owners on the issues put to vote.
When voting is carried out through written decisions of the owners on issues put to vote, votes are counted on issues for which the owner participating in the vote has left only one of the possible voting options. These decisions drawn up in violation of this requirement are declared invalid, and votes on the issues contained in them are not counted. If the owner’s decision on issues put to a vote contains several issues put to a vote, failure to comply with this requirement in relation to one or more issues does not entail invalidation of the said decision as a whole.
5. DOCUMENTATION OF THE HOUSE COMMITTEE
5.1. The chairman of the house committee constantly maintains the following documentation:
Journal of minutes of General Meetings of owners of premises of an apartment building.
Journal of minutes of meetings of the governing body (council) of the house committee.
A book of complaints and suggestions from owners of premises in an apartment building with notes on the measures taken.
A folder with correspondence, including second copies of all documents sent on behalf of the committee and responses to these requests.
Other materials necessary for the work.
5.2. The documentation of the house committee is kept by the Chairman of the house committee or by a person appointed by the governing body (council) of the house committee.
6. TERMINATION OF THE HOUSE COMMITTEE ACTIVITIES
6.1. Termination of the activities of the house committee is carried out by decision of the meeting or on the basis of the results of a written survey of the owners of the premises of an apartment building, as well as on other grounds established by current legislation.
7. AMENDMENTS TO THE CHARTERS
7.1. Amendments to the Charter of the house committee are made by decision of the meeting or based on the results of a written survey of the owners of the premises of an apartment building.
1. It is very difficult to register a public organization under the current legislation. It is much easier to register it as an autonomous non-profit (ANO). Registration will take no more than seven days and is carried out in accordance with the rules for registering an LLC or individual entrepreneur.
2. Now you need to choose something understandable for the future. It should be associated with a city or society. There is no point in starting from activity.
3. Determine what the public organization will do. From a large list of social problems, you should deal with what you understand most. The most important problems for society are the protection of rights and individual entrepreneurs, business management consulting, etc.
4. Having determined what you will work on new organization, it's time to write down her goals. It is necessary to indicate the tasks and why they will be performed, and what goals will be achieved.
5. Cooperation with funds mass media- the most important step in. It is advisable to compile a database on the media and information about each event, no matter how significant, should be immediately transmitted to them in the form of a press release.
6. Public organization from the first day of work I must develop my own website. Each section of the resource is an activity carried out within this section. “Events”/“News” and the “Materials for Media” section will become mandatory.
7. As practice shows, your like-minded people who understand well and adhere to the developed projects and programs will work with the project. However, you will have to hire employees - editors for the website and lawyers. Find a lawyer for free consultation by or in real time will not be difficult. For most, this is an excellent opportunity to practice and gain good recommendation from your organization.
8. Now you need to think about how your activities will be financed. Financing can be from own funds or with investments from sponsors. The most important thing in this matter is the approach. With the right approach, the organizations that finance your work will find it very beneficial for them to take part in the projects you implement.
Video on the topic
Sources:
- Who needs house councils more - residents or officials in 2019
- Who needs house councils more - residents or officials in 2019
Brownie Committee is a voluntary public association of citizens at the same place of residence with the goal of jointly resolving emerging problems in the field of housing, public control over the technical operation of houses and the maintenance of the area around the house. There are several requirements in creating a brownie Committee A. Only if you follow them will you receive an effective and efficient body.
Instructions
Select an initiative group. To do this, hold a meeting of all residents of the house, making sure that at least half of them are present. Draw up minutes of the meeting, indicating the main areas of activity, the name of the house committee, expected powers, territory of action and the number of participants. Using an open vote, select an initiative group that will represent the organization in the local council.
Next, get permission to form a house committee. To do this, the initiative group must submit documents to the local council: minutes of the meeting, an application for the creation of a house committee, a list of participants Committee and indicating all the necessary personal data. The local council, in the presence of the initiative group, will decide whether to allow or prohibit the creation of a house committee and issue the corresponding document.
After receiving the document, draw up a charter Committee a and select a guide. To do this, hold a second meeting and adopt the Regulations on the Brownie Committee e, that is, the charter that will guide you in the course of your activities. Please include your name and address Committee a, the direction of activity, the territory of its operation, the rights and obligations of members, the term of office of the house committee, the reporting procedure, etc. Select the chairman of the brownie by secret ballot Committee a, his deputy, secretary and other members.
And finally, legalize the brownie Committee A. Do this either by simply notifying the executive committee of the foundation Committee and in in writing, or by registering. In the second case, your brownie Committee will acquire the status of a legal entity. To do this, select authorized persons who will submit documents requesting registration of the house committee to the executive Committee. Indicate only real data in all documents, since the executive committee has the right to check them at any time. After submitting the documents, the executive committee will make a decision within a month and inform it to the authorized persons of the brownie Committee A. After receiving the registration document, you can safely begin your activities.
Sources:
- house committee rights responsibilities in 2019
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