This is when everything is perfect, you don’t pay attention to the fact that your building has the cleanest entrances and elevators. When the situation is completely opposite and it is difficult to remember when your house was in good condition , the owners begin to become interested in how the money they pay monthly for utilities is actually spent, and most importantly, who is responsible for its distribution.
In our country today, a popular form of home maintenance is a homeowners’ association.
This structure is headed by the chairman, and it is he who is the main person who decides what funds to spend and, most importantly, on what.
It may or may not be effective.
But as has become the norm in Russia today, there are very few effective heads of organizations, although in recent years the situation has improved.
If the owners are not satisfied with the way their home is managed, and they also do not see exactly how the manager works, then it is clear that they should not tolerate such behavior .
The law allows for a change of chairman, but this is not so difficult to implement.
Are you interested in this information? Then we will tell you in more detail about all the nuances.
Re-election of the chairman of the HOA protocol: sample.
Sample order for the new chairman of the board to take office.
Form p 14001 for registration with the tax office when changing the chairman of the HOA.
On the possibility of re-election
Can the board be re-elected? So, let's get acquainted with the homeowners' association format. Already from the name it becomes obvious that a homeowners’ association is an organization formed by the owners of premises in an apartment building.
should be primarily in improving the territory and the building. But it is not always the case.
The partnership is a non-profit organization, although it is directly related to the residents’ funds and their turnover, because only funds donated by the owners for utilities are used to carry out any work.
The partnership is obliged to carry out activities for the maintenance and management of the territory and common property.
There are three so-called authorities in the partnership. The first of these is the board of the partnership. It consists of active residents of the house who make decisions regarding home improvement.
The second body is the meeting of homeowners, which is responsible for holding meetings and making decisions at it.
The third body is the manager who directly has access to funds, manages them, signs payment documents and makes final decisions on the improvement of a particular action.
The chairman bears a number of important functions, but does not always consider the position to carry them out.
In practice, there are many cases where chairmen stupidly stole money from payers for years, repairs were not carried out, and residents could not remove the head from office because they simply did not know how.
In fact, a leader can be re-elected, that is, removed from office in exchange for another person. The legislator allows such an action and regulates its implementation.
Find out how to check the HOA for theft in our article.
What is needed for displacement
The first thing you need to do to transfer authority to another person is to first discuss the work of the person in charge and determine the feasibility of changing management. At this stage, the initiative group or one of the residents is active. If the initiative is supported by others, they begin to prepare for holding a general meeting and collecting documentation incriminating violations on the part of an official of the partnership.
In addition to the tenants themselves, the violator is also removed at the initiative of the housing inspectorate or tax authorities.
Sometimes it is necessary to organize the work of a commission to study the actions of the chairman and collect evidence of inappropriate behavior. The commission has the right to inspect the condition of the entrusted common property.
If in ordinary life decisions are entrusted to managers, then within the framework of an HOA, meetings of owners have legal force. The preparatory stage with the collection of evidence ends with the transition to the active phase of action. The initiative group notifies others about the planned meeting and agenda.
To make a shift, it is necessary to hear both sides and evaluate the objectivity of opinions. The chairman has the right to prepare and speak with reasons for his innocence.
If a preliminary inspection is required, a specially selected audit commission requests any documentation, and the head of the board has no right to interfere with the inspection.
To the question of whether the board can re-elect the chairman of the HOA, the answer should be sought in the Housing Code. Part 3 of Art. 147 establishes the right to select a new candidate by voting by members of the board, but only if another option is not provided for by the Charter. Thus, the form of re-election is determined by the main document of the partnership - the HOA.
If the Charter provides for voting at a general meeting of participants, a quorum must be collected - at least half of the owners. The decision to change is made if half of those present express such an opinion. The voting results are documented through the minutes of the general meeting.
Voting can be open or secret, at the discretion of the voting participants themselves. The form of conduct is chosen by the owners - in-person or absentee voting. If it is not possible to gather all the owners, a door-to-door tour is planned.
Along with the removal, the re-election of a new head of the HOA is initiated. If the voting results indicate that less than half of the participants do not trust the current head, the authorized person retains his status.
For employment and dismissal, you will need a work book and an order; when replacing a chapter, the main document is the executed minutes of the general meeting.
Next, with the completed documents, when changing the chairman of the HOA, you will have to re-register with the housing inspection, and also transfer the necessary information about the new head to the Federal Tax Service inspection at the place of registration of the HOA.
Download the Application for amendments to information about a legal entity contained in the Unified State Register of Legal Entities: form P14001 (755.0 KiB, 765 hits)
Sample of filling out an application for amendments to information about a legal entity contained in the Unified State Register of Legal Entities: form P14001 (when changing the chairman of the HOA) (506.5 KiB, 891 hits)
The basis for accepting a new person will be an order issued by the partnership. The administrative document contains information about the name, passport number, and contact information of the new chairman. If the initiative comes from supervisory authorities, the document must be signed by representatives of the Housing Committee or the Federal Tax Service inspectorate
How to draw up minutes of the board meeting on the re-election of the chairman of the HOA
Particular attention is paid to proper documentation. And first of all, the protocol. The document is drawn up on A4 sheets in any form (by hand or by printing on a computer).
The structure of the protocol does not differ from the standard one, but has its own nuances:
- The contents of the document include an indication of the reasons for which the decision to change the manager was made.
- It indicates the method of organizing voting.
- Include information about voters and candidates for the position of head.
- The results and the decision made are indicated along with the date of the event.
For the protocol to be valid, it must be signed by everyone present.
Download the Sample. Minutes of the board meeting on the re-election of the chairman of the HOA (21.7 KiB, 865 hits)
Grounds and reasons
How to re-elect and what should be the grounds? There are many reasons for a leader to be re-elected. All of them often happen in practice and require more detailed consideration.
So, let's familiarize you with a number of popular reasons and perhaps among them you will find one that applies specifically to your situation:
- The first reason is mistrust . Distrust can manifest itself in the fact that you cannot understand where money from the budget is spent, you do not trust that it is spent for its intended purpose, moreover, you have indirect evidence of this.
- The second reason, which smoothly follows from the first, is inefficiency . That is, the work of this official is not satisfactory and leaves more questions than answers.
- The third reason is a violation of the charter . Not all residents are familiar with the regulations, but they are still able to spot gross violations. If such a violation occurs, the manager may be re-elected.
- The meeting of owners is the highest authority in the partnership and all final decisions are made by it. If the chairman did not listen to the meeting , moreover, disobeyed it in some way, then it makes sense to say that the leader should be replaced.
You can download a sample employment contract with the chairman of the HOA, as well as a job description on our website.
Tax registration
Filling out form p14001
helps inform the tax authorities about changes that have occurred in a legal entity.
Since there was a partnership represented by a specific person, with his departure it makes sense to enter this form with information about the new re-elected chairman, who will henceforth report on his actions to the tax office.
To register a change of manager
you just need to draw up an application for shifts according to the established template, fill out form 140001 and provide a copy of the protocol and take the package of documents to the tax office.
Refuse
The head of the HOA may be registered with the tax authorities due to the fact that this person has not provided all the necessary documents or there is a flaw in the drawn up application and protocol. This situation needs to be corrected as soon as possible.
Now you know that if your manager behaves unprofessionally, you can always change him or at least hint that it will not be difficult for you. Believe me, the performance of this official will immediately increase
, but if not, you always know what to do.
This is where our advice and practical instructions end, and don’t be afraid to defend your rights as the owner of real estate, because the improvement and condition of the building where you live is only in your hands.
Do everything to ensure that you enjoy living in your own home.
.
You can learn how to re-elect the HOA board headed by the chairman from the video:
If you find an error, please select a piece of text and press Ctrl+Enter
.
Form P14001 is an application that must be submitted to the Federal Tax Service in the event of a change in information about the executive body (director) contained in the Unified State Register of Legal Entities (USRLE). In the material on the site, we will analyze the main nuances of registration that you should pay attention to when filling out all the necessary documents, and we will give an example of filling out form P14001 when changing the director.
If the owners or shareholders of an organization decide to change the director, they cannot simply issue an order to dismiss the old director or hire a new one. After all, information about the executive bodies of legal entities is subject to mandatory state registration. From the provisions of subparagraph “l” of paragraph 1 and paragraph 5 of Article 5 of the Federal Law of 08.08.2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs” it follows that in the event of a change in the executive body of a legal entity, it is necessary to notify the Federal Tax Service in order to make necessary changes in the Unified State Register of Legal Entities. This must be done no later than three days after the relevant changes approved by the owners or shareholders. The notification procedure in this case does not change in any way depending on the form and type of organization. It is the same for both limited liability companies and other business entities and organizations.
In order to provide the specified information, you need to submit an application for a change of general director to the tax office using form No. P14001 (approved by Order of the Federal Tax Service of Russia dated January 25, 2012 No. ММВ-7-6/). You can download form P14001 and a sample for filling out 2021 when changing the director of a company at the end of the article.
Legislative regulations
Re-elections would not have been possible if it had not been appropriately regulated in legislation.
Thus, it has been established that a change of head can occur by decision of a majority vote of the meeting of homeowners of an apartment building.
This is provided for in Article 141 of the Housing Code. This means that such an action is feasible.
Also, do not forget about such a local normative act as the charter. It is he who regulates exactly how and for what offenses a manager can lose his place in the partnership .
Therefore, before you officially remove yourself from your position, be sure to familiarize yourself with the law.
Responsibility of the chairman for improper performance of his duties
The powers of the chairman of the HOA include participation in economic activities on behalf of the legal entity. It is subject to the provisions of Art. 53.1 of the Civil Code of the Russian Federation on liability for damage caused to the HOA itself.
The legislation of the Russian Federation does not provide for punishment for the chairman for harm caused to the HOA by ineffective management. But this does not mean that there will be no liability for the chairman’s unlawful actions. After all, the charter of the HOA may stipulate the responsibility of the chairman for certain violations:
- concealment or distortion of information about the activities of the HOA;
- losses incurred by the owners as a result of the chairman’s mistakes;
- improper performance of duties.
The charter is the main document of the HOA, and its instructions must be strictly followed by both the members of the partnership and the chairman.
To prevent the matter from changing the chairman, he must remember that he was appointed to this position in order to maintain the general property of the apartment building in proper condition.
In case of failure to fulfill duties
How to remove from office if the head of the HOA does not fulfill his duties?
He can be replaced, in most cases, if he does not fulfill his duties, but regularly receives his reward.
As a rule, this is the main reason why residents want to say goodbye to a given person at the post.
How to remove the head of an HOA? What is the procedure?
Answers to common questions
Question No. 1. Does the chairman, who exercises leadership for a limited term, have the right to be elected for a new period?
If there is a limit on the term of leadership of the chairman, determined by the Charter of the HOA, the chairman may be elected for a new period.
Question No. 2. When holding a general meeting of HOA members, a significant number of owners are present. Should all participants of the meeting sign the protocol, based on the results of which the chairman of the HOA was re-elected? (click to expand)
The minutes of the decision adopted by the general meeting of HOA members must be signed by all participants.
Step-by-step instruction
How to change the chairman of the HOA?
To begin with, someone introduces an initiative for a change. This can be either one owner or their initiative group, as well as the board .
Next, it is necessary to convene a meeting to present information that may influence the choice of residents and that is true.
Next, the owners vote. If the absolute majority is in favor of leaving, then his change is documented, but if less than half of the people inhabiting the house are in favor of removing the chairman from his position, then the leader remains in his position.
Certification of the chairman's signature by a notary
Before contacting the Federal Tax Service with documents on changing the chairman, you will need to obtain from a notary a certificate of the applicant’s signature.
The notary's actions are carried out after studying the documents of the HOA: (click to expand)
- Constituent forms - Charter, sheet of extract from the Unified State Register of Legal Entities.
- TIN certificate of tax registration.
- Minutes of the meeting of HOA members or the board of the association.
Individual notary officials independently obtain information from the electronic register of the Federal Tax Service.
An example of registering new data with the Federal Tax Service. After the change of chairman of the HOA, the new head submitted an application to the registration authority in form P14001. The applicant's signature was not certified by a notary. The registration authority did not accept the application drawn up in violation. Unlike the P11001 form, when submitting the P14001 application, the signature is certified by a notary regardless of the person presenting the documents.
Documenting
Minutes are drawn up upon the meeting. The secretary of the meeting has the right to draw it up. The protocol is presented as a document in printed or handwritten form, which briefly sets out the grounds for terminating relations with the chairman, as well as the outcome of the vote.
All participants leave signatures in the protocol. The protocol has its own clear date of preparation and, within the framework of the homeowners’ association, has legal force , which means it cannot be ignored.
In addition, the protocol can be approved by a notary , thereby having even more pronounced legal force.
Transfer of powers to the newly elected chairman
The head of the HOA who has changed authority is obliged to transfer affairs after a meeting that approves the new candidate. The transfer of cases consists of the following procedures:
- Delivery of keys, seals, constituent documentation.
- Issuance of cash, inventory and other material assets.
- Submission of accounting, tax and management reporting.
Upon transfer of cases, a transfer and acceptance certificate is drawn up in 2 copies, according to the number of parties involved. Confirmation of the competence of the new chairman is the protocol on the change of official.
After a decision is made to change the chairman, the person holding the position of manager loses his powers. The new manager must be reported to the Federal Tax Service to enter data into the organization’s registration card.
Important! The newly elected chairman has the right to submit information to the registration body of the Federal Tax Service.
Procedure for transferring cases
How to remove authority yourself? The manager gets acquainted with the protocol and the requirements to resign from his post. He signs the protocol, thereby certifying that he is familiar with it .
The powers of the chairman are considered withdrawn at the moment of familiarization with the minutes, and all other actions are considered illegal within the framework of the chairmanship.
He transfers to his predecessor all the documentation necessary to familiarize himself with the state of affairs, reports on the latest financial expenses and leaves his post.
Common mistakes in registering a change of HOA chairman
Error No. 1. The main document confirming the re-election of the chairman by the general meeting is the protocol. The opinion about the optional inclusion of part of the data in the information, the possibility of non-compliance with the conditions of quorum, signatures, and other important points is erroneous. A protocol drawn up with violations is disputed, and the decision to change the manager may be declared unauthorized.
Error No. 2. The chairman of the HOA is elected from adult citizens, members of the partnership. The position of granting powers to any person is considered an error. A person who is a member of the audit committee cannot be proposed as a chairman by a party to a contractual relationship or management agreement.
Dismissal at your own request
Can the HOA board re-elect the head if he resigns of his own free will ?
If he resigns of his own free will, then, of course, he needs a replacement as a leader, so a candidate must be elected from the board for this post.
Read about the procedure for electing the chairman and members of the board of the partnership in our article.
Reasons for changing the chairman of the HOA
The partnership operates on the basis of the main constituent document - the charter. The grounds and description of the procedure for changing the chairman of the organization are enshrined in the organization’s charter.
A change is possible if voluntary or forced reasons arise: (click to expand)
- The emergence of personal grounds, voluntary dismissal due to relocation, retirement (Article 80 of the Labor Code of the Russian Federation).
- End of the period of elective powers.
- Unfair performance of duties, ignoring requests from residents.
- Theft or misappropriation of funds.
- Failure to comply with resolutions of the general meeting of HOA members or the board.
- Violation of the terms of business management or other provisions of the charter.
- Liquidation of the organization.
Grounds in the form of dishonest fulfillment of obligations must be supported by documents. Confirmation of facts is carried out using inspection reports of the condition of common areas, local areas, elevators, communications and other housing facilities.
The association is obliged to ensure information accessibility to the financial side of management and the direct activities of the chairman. The activities of the partnership are financed from the proceeds of the owners, which makes it possible to control the targeting of expenses. An audit is initiated to verify the intended use of funds collected from owners.
Taking on the post of the new head of the HOA
Before the new head of the board takes office, a number of other actions need to be taken.
- Transfer of affairs by the chairman, who is removed.
- Registration with the tax office.
- Drawing up an order for the appointment of a new manager and protocol.
When leaving office, the chairman is required to familiarize himself with the minutes of the meeting. He puts his signature on it, thereby relieving himself of his duties as a leader. His further actions as chairman will be considered illegal.
When vacating his position, the head of the board must leave all documentation regarding the HOA to the person replacing him and bring him up to date.
Materials required for transmission:
- reports on funds that are in the bank accounts of a legal entity;
- annual estimates of money spent, indicating for what purposes they were spent;
- plans and projects for further actions on farm management.
To familiarize the new manager with this documentation, the old chairman may be left in his post for a two-week term in order to prepare a replacement.
The person who comes to the position of the chairman is obliged to inform the tax service about the personnel changes that have occurred. To do this, the new employee must contact the territorial authority with form p14001 and the necessary package of documents.
Registration with the tax service provides access to HOA documentation, and also allows you to submit monthly reports and pay for them. The grounds for registration are the applicant’s passport, minutes of the meeting and the charter of the partnership.
The tax service studies the submitted materials within a week; after this period, the new chairman receives registration. They may refuse due to incorrect completion of the prescribed form and if the applicant has submitted an incomplete package of required documents. After eliminating the reason for the refusal, you can contact the tax authority again.
After completing all the procedures described above, another document is drawn up, on the basis of which the new chairman takes office. It is issued in the form of an order; it must indicate the passport details of the manager and contact information of the HOA.
The order is signed by the chairman and other members of the board. In addition, he is sent to the tax and housing services to obtain visas from representatives of these authorities. After approval of the candidacy, the head takes office. At this moment, he is given the seal of the HOA, which must previously be in the custody of the board members.
In addition to the order, the protocol is a mandatory document. It is compiled last of all by the secretary of the HOA. The protocol includes information about the bodies that gave consent to the appointment of a new chairman.
Changing the head of a partnership is a rather complex process and requires the interaction and combined efforts of the residents of the building, and often the board. However, this may be the only option to get rid of an unscrupulous chairman. If the procedure is legal, the change of manager cannot be challenged, so it is necessary to carefully prepare for this process and enlist the support of homeowners.
