Chairman of the Board: powers, duties

Today, apartment buildings are managed by HOAs or cooperatives. In this case, residents have the opportunity to control their costs and services. Since owners cannot complete all management work, a chairman is required. An employee is also needed in banks, joint-stock companies, funds. He manages the actions of employees and is responsible for decisions.

The chairman has material responsibility. Its main task is to ensure the normal operation of the partnership without violating the rights of residents. All powers and responsibilities are set out in the charter. The chairman may be re-elected, which is the decision of the partnership.

Chair election

This issue is regulated by the legislation of the Russian Federation. The chairman of the HOA is working on the basis of the Housing Code. The main document of the partnership is the charter, which outlines the rights and obligations of employees. The document should be familiar to every homeowner.

The charter must stipulate a quorum - the number of owners who must be present at the meeting in order for its decision to take legal force. The document indicates the right of absentee voting. This enables board members to visit all the owners and familiarize them with the results of the meeting. The board includes only apartment owners.

Employee Requirements

An important requirement for the chairman is the ownership of the apartment in the house. He must also be of legal age. Other nominations are not considered. A person needs such qualities as confidence, clear mental abilities, an adequate assessment of events, achievement of goals. It is important to have a higher education, preferably in the field of management or the administrative industry.

The chairman must be patient, as he will need to work with a lot of problems. There may be conflicts that need to be calmly resolved, therefore sociability and punctuality are welcome. The strength of character and activity is important, and then you can become a contender for the post.

Chairperson Rights

Such an employee has his rights. He can fire employees, but only in the presence of other board members. The election of the chairman is carried out for the period specified in the charter.

Clauses explaining information about the head of the association may be added to the document. Usually it says that the chairman has the right to dispose of money for the implementation of the approved meeting plan. He can also prepare accounting reports, settle accounts with other persons, and make payments. If necessary, organize measures to eliminate the consequences of accidents and repair work.

Responsibilities of the Board of HOAs

The designated employee must do the work on the basis of legislation and the articles of association. It controls the receipt of utility bills. He needs to carry out an estimate of the annual income and expenses of the partnership, to report to the meeting on finances.

Responsibilities include managing the house and all common property. If necessary, the chairman of the board hires and fires employees. He also needs to conclude agreements with counterparties. The chairman is selected from among the members of the board, and his term of office is determined by the charter. The duties of the chairman of the board are enshrined in this document.

The powers of the chairman of the HOA

They are recorded in the charter of the HOA and the Housing Code. Based on this, the powers of the chairman of the board are as follows:

• signing of documents;
• creating a schedule of the enterprise;
• enforcement of partnership decisions;
• implementation of work on the basis of federal and local laws;
• quality control of services;
• maintaining technical documentation;
• holding board meetings, meetings, handling complaints.

The charter may have other rights and obligations, which is approved at the general meeting.

What can't the chairman do?

In addition to rights, the chairman of the board has limitations. He can not:

• conclude agreements with counterparties without discussing the issue at the meeting;
• sell or lease common property;
• to overstep the powers of the management company.

The general meeting sets the salary of the chairman. This is necessarily recorded in the documents.

What should the chairman of the HOA do?

The chairman of the board protects the interests of residents in all instances. The employee acts on the basis of legislation and instructions adopted by the meeting. It is his responsibility to familiarize himself with changes to the legislative documentation.

The Chairman shall supervise the timely recalculation of payment for services if they were rendered in an inadequate volume and low quality. He also monitors the maintenance and condition of the house, and, if necessary, creates a plan for the implementation of repair work. The activity involves the deputy chairman of the board, who performs similar functions.

Responsibility of the chairman of the HOA

The legislation does not have clear rules regarding management inefficiency. But this does not exclude liability for inconvenience. The charter indicates:

• what responsibility does the chairman bear in case of harm;
• material compensation in case of damage;
• procedure for recovering losses.

The chairman should be stress-resistant, attentive and punctual. His responsibilities include informing residents of all changes.

In case of violation of the rights of residents, the chairman bears civil liability for:

• negligence, for example, there was no notice of a meeting;
• fraud;
• appropriation of funds;
• misrepresentation;
• forgery;
• abuse of authority.

All members of the HOA have a liability for all actions. If the owner has caused damage to the common property, he must compensate for it. The amount is determined on the basis of the drawn up act, and, if necessary, with the help of an appraiser. Specific types of offenses may be included in the partnership charter.

Some nuances

Many residents have many questions about the work of HOAs. Are there any illegal actions on their part? If they appear, then contact the competent authorities. Can a tenant be denied the necessary certificate? This should not be, as it is unlawful.

Can the chairman inspect the apartment? This is only possible if the owner has authorized. Spontaneous entry into the premises without the will of the residents is prohibited. The right is enshrined in the Constitution.

Does HOA have the right to charge interest? This is possible if the tenant has debts for utility bills. This is done for faster payment of services. Only penalties should be charged within the limits of legislative norms.

What does the chairman of the bank do?

Each financial institution of this level is elected chairman. He performs the management of a financial institution, conducts transactions on behalf of the enterprise. His work includes the implementation of bank plans. Disposal of property takes place on the basis of legislation.

The chairman of the bank's board deals with issues of selection, placement, training, appointment. Also, his responsibility includes the development and implementation of new services, the publication of orders. All innovations are consistent with it.

Chairman of AO

The chairman of the board of the company carries out work on managing the activities of the company. He organizes meetings where all current issues are resolved. This employee also provides effective interaction of all enterprise structures.

The Chairman of the JSC monitors the implementation of contractual obligations, internal regulations. All his work is based on current legislation. He needs to manage all areas of the company, which should not contradict regulatory documents.

Responsibilities include creating programs and business development plans for the enterprise, as well as monitoring their implementation. A meeting of shareholders on the work performed is held annually. The chairman is negotiating for the implementation of the various objectives of the AO.

Fund chairman

The funds also have chairpersons who are 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 a representative of the fund in transactions;
• negotiates with various persons on various issues;
• determines the state, conditions of remuneration, budget;
• makes demands on behalf of the fund;
• can sign documents;
• maintains control of documentation;
• performs other functions prescribed in the document.

When for some reason the chairman is unable to fulfill his duties, this work is transferred to other members of the organization. The employee must comply with the prescribed requirements in order to comply with the position.