Chairman of the Board: powers, duties
To date, apartment buildingsare managed by HOAs or cooperatives. In this case, the residents have the opportunity to control their expenses and the services provided. Since the owners can not perform all the work on management, the chairman of the board is required. An employee is also needed in banks, joint-stock companies, funds. He manages the actions of employees and is responsible for the decisions made.
The chairman is entrusted with the materiala responsibility. Its main task is to ensure the normal operation of the partnership without violating the rights of tenants. All powers and duties are stipulated in the charter. The chairman can be re-elected, which is the decision of the partnership.
Election of the Chairman
This issue is regulated by the legislation of the Russian Federation.The chairman of the board of the HOA works on the basis of the Housing Code. The main document of the partnership is the charter, which identifies the rights and duties of employees. Every dwelling owner must be familiar with the document.
The charter necessarily stipulates a quorum -the number of owners who must attend the meeting in order to make its decision legally valid. The document specifies the right of absentee voting. This enables the board members to visit all the owners and familiarize them with the results of the meeting. The board includes only the owners of the apartments.
Requirements for the employee
An important requirement for the chairperson isproperty of the apartment in the house. He must also be of legal age. Other candidates are not considered. A person needs such qualities as confidence, clear thinking ability, an adequate assessment of events, achievement of goals. Important is the availability of higher education, preferably in the management or administrative field.
The chairman should be patient, becauseyou will need to work with a lot of problems. There can be conflicts that need to be resolved calmly, so communication and punctuality are welcome. It is important hardness of character and activity, and then you can become a candidate for the position.
Such an employee has his rights. He can dismiss employees of the enterprise, but only in the presence of other members of the board. The election of the chairman is carried out for the period specified in the charter.
Items may be added to the document,explaining information about the head of the association. Usually there it is stated that the chairman has the right to dispose of money for the implementation of the approved meeting plan. Also, he can compile accounting reports, settle with other persons, perform payments. If necessary, organizes measures to eliminate the consequences of accidents and repair work.
Responsibilities of the HOA Board
An appointed employee must perform work on thethe basis of legislation and regulations. He controls the receipt of payment for utilities. He needs to fulfill the estimate of annual incomes and expenses of the partnership, report at the meeting about finances.
To duties carry control of the house and allcommon property. If necessary, the chairman of the board hires and dismisses employees. He also needs to enter into contracts with counterparties. The chairman is elected from the members of the management board, and the term of office is determined by the charter. The duties of the chairman of the board are fixed in this document.
Powers of the chairman of the HOA
They are fixed in the charter of the HOA and the Housing Code. Proceeding from this, the powers of the chairman of the board are as follows:
- signing of documents;
- creating a timetable for the company;
- enforcement of the decisions of the partnership;
- implementation of work on the basis of federal and local laws;
- quality control of services;
- maintenance of technical documentation;
- holding meetings of the management board, meetings, consideration of complaints.
The charter may have other rights and obligations, which is approved at the general meeting.
What the chairman can not do?
In addition to rights, the chairman of the board has limitations. He can not:
- conclude contracts with counterparties without discussing the issue at the meeting;
- sell or lease common property;
- transfer their powers to the management company.
The general meeting fixes the salary of the chairman. This is necessarily fixed in the documents.
What should the chairman of the HOA do?
Chairman of the Board defends the interests of residentsin all instances. The employee acts on the basis of legislation and instructions accepted by the meeting. It is his responsibility to familiarize himself with the changes in the legislative documentation.
The Chairman controls the timelyrecalculation of payment for services if they were rendered in improper volume and low quality. He also monitors the maintenance and condition of the house, and, if necessary, creates a plan for performing repair work. The deputy chairman of the board is involved in the activities, which performs similar functions.
Responsibility of the chairman of the HOA
In the legislation there are no clear rules regarding the inefficiency of management. But this does not exclude the responsibility for the inconvenience. The charter states:
- what kind of responsibility does the chairman bear in the event of injury?
- material compensation in case of damage;
- procedure for collecting damages.
The chairman should be stress-resistant, attentive and punctual. His duties include informing tenants of all changes.
If the rights of tenants are violated, the chairman bears general civil liability for:
- negligence, for example, there was no notification of the meeting;
- appropriation of funds;
- abuse of authority.
All members of the HOA have a tangibleresponsibility for all actions. If the owner caused damage to the common property, he must compensate him. The amount of the amount is established on the basis of the completed act, and, if necessary, with the help of an appraiser. Specific types of offenses can be inscribed in the charter of the partnership.
Many tenants have many questions aboutthe work of HOA. Are there wrongful actions on their part? If they appear, you should contact the competent authorities. Can the tenant refuse to issue the necessary certificate? This should not be, because it is illegal.
Can the chairman inspect the apartment?This is possible only if the owner has authorized. Spontaneous penetration into the premises without the will of residents is prohibited. The right is enshrined in the Constitution.
Does the HOA have the right to charge penalties?This is possible if the tenant has a debt for utility payments. This is done for faster payment of services. Only accrual penalties should be within the limits of legislative norms.
What does the bank chairman do?
In each financial institution of this levelthe chairman is elected. He performs the management of a financial institution, conducts transactions on behalf of the enterprise. His work includes fulfilling the bank's plans. Disposal of property is based on legislation.
The Chairman of the Board of the Bank isselection, placement, training, appointment to the post. It is also his responsibility to develop and implement new services, issue orders. All innovations are consistent with it.
Chairman of JSC
The Chairman of the Board of AO performs work onmanagement of the company. He organizes meetings, where all the pressing problems are solved. Also this employee ensures effective interaction of all enterprise structures.
The Chairman of the JSC monitors the implementation of contractual agreementsobligations, internal regulations. All his work is based on current legislation. He needs to manage all areas of the company, which should not contradict the normative documents.
The responsibility is to create programs andbusiness plans for the development of the enterprise, as well as control over their implementation. The shareholders' meeting is held annually on the work performed. The Chairman conducts negotiations on implementation of various goals of the JSC.
Chairman of the fund
In the funds also there are chairmen whoare elected for 5 years. During this period, the employee is considered the highest official. The Chairman of the Board of the Fund carries out the following activities:
- controls the work of the organization;
- is the representative of the fund when executing transactions;
- negotiates with various persons on various issues;
- determines the state, terms of payment, budget;
- puts forward demands on behalf of the foundation;
- can sign documents;
- Keeps the control of the documentation;
- performs other functions prescribed in the document.
When the chairman for any reason can notTo carry out duties, this work is shifted to other members of the organization. The employee must comply with the prescribed requirements to match the position.