Residents of any apartment building may decide to entrust the management of this building to a special council of residents, and not the management company. To do this, you have to make an official decision at a meeting of apartment owners in the house. At the same time, the council should have a chairman who is the representative of this organization. It is he who is entrusted with various significant powers and rights. Additionally, the chairman of the council of an apartment building can count on a certain fee. The size of this payment is discussed directly at the meeting of residents.
What powers and rights does the chairman have?
People appointed as chairpersons face serious responsibilities. That is why remuneration is paid to the chairman and members of the council of the apartment building. These people deal with different issues and processes that are important for each apartment owner. The nuances of the work of the chairman include:
- control over all activities of the council;
- constant communication with other residents of the house;
- establishing relationships with management companies and utility companies;
- negotiating with representatives of the Criminal Code, which allows to improve the conditions of the building;
- familiarization of apartment owners with contract options, as people can make changes to the contents of this document;
- signing of an agreement on the basis of which a building is maintained or repaired;
- control over the services provided;
- if the need arises, then proceedings are conducted with the Criminal Code, which can be carried out in a complaint or court order;
- so that the chairman can easily cope with his many responsibilities, he must have access to various documents related to the maintenance of the building;
- it is he who controls the use of various finances from the residents of the house;
- if a citizen represents the interests of the owners of residential premises in court, then he must have a power of attorney issued by a notary.
When compiling a power of attorney, you have to contact a notary public. This document clearly indicates which actions for other persons may be performed by the appointed citizen. Since the chosen citizen really has many different responsibilities, he can count on the remuneration paid to the chairman of the council of the apartment building.
Can the chairman control the activities of citizens?
Each owner of an apartment or commercial property has the right to engage in different works in this property. With permission from the local administration, he can even carry out work related to the redevelopment of housing.
The chairman is vested with some powers, which include the ability to influence the work of the owner of the premises. But such impacts should be limited, therefore, claims can only be made in violation of the law or in other extreme situations. If the owner of the housing has official permission for the work, and he does not violate the rights of others, the chairman can not influence him in any way. Otherwise, the owner of the property may complain about the selected chairman.
How is a specialist paid?
Since this person represents the interests of the whole house in various state institutions, and also deals with other issues and problems, he can count on a certain reward. At the same time, many owners of apartments in the house have a question, whether or not to pay a fee to the chairman and members of the council of the apartment building.
According to the law, the chairman may not receive any funds, therefore, all actions are performed by him without receiving payment. This issue is resolved directly at the meeting of owners.
If the person appointed by the chairman does not receive any payment, then he will not effectively cope with his duties. This is due to the fact that too much effort and time is spent on this process. Therefore, according to the decision of the owners, a house council should be created in the apartment building and the chairman of the house council should be elected, after which the optimal salary for the chairman is determined. Otherwise, the appointed specialist will carry out any significant processes and activities only if there is free time.
What is the amount paid?
The remuneration to the chairman of the council of an apartment building may vary in size. The exact amount of payment is determined by the owners of the apartments in the building at the meeting. Most often, a fixed amount of funds is determined for this, which will be transferred by each apartment owner.
Additionally, when determining the exact remuneration to the chairman of the council of an apartment building, a percentage of the total fee or building area may be calculated. It is the residents of the house who decide what the size of this payment will be. For this, the welfare of the residents, as well as their opinion on this issue, is taken into account.
In some houses, the chairman receives only a symbolic amount of funds, and in another building, he can count on a full salary, so he can devote a lot of time to improving the living conditions of residents.
What methods are paid?
Payment of remuneration to the chairman of the council of an apartment building can be carried out in various ways. These include:
- cash transfer in cash;
- transfer of funds to the chairman's bank account;
- citizens independently collect the required amount, after which it is issued to the citizen on receipt;
- money transfer through an intermediary management company, therefore the responsibility for the timely transfer of funds is transferred precisely to this organization, but an additional line appears in the receipts.
If the remuneration to the chairman of the council of the apartment building is transferred through the selected management company, then from this amount of funds you will have to pay tax. This leads to the fact that the size of the payment is less than the tenants of the building actually transfer. Therefore, most often, citizens prefer to transfer funds to the chairman's bank account.
Assistant Chairpersons
Not only the chairman, but also his assistants, who are members of the council, work in the council at home. They perform some mandatory actions, for example, they act as deputy chairmen if he goes on vacation or is in a hospital.
Additionally, board members are involved in document management or other routine matters. They may be assigned additional remuneration, but such a decision is made exclusively by residents of the building at the next meeting.
Difficulties in transferring funds
When paying remuneration to the chairman of the council of an apartment building, a certain difficulty arises. It consists in the fact that it is impossible to open any general bank account for the council, since this requires the presence of a legal entity engaged in financing the activities of the council.
Therefore, if you plan to transfer funds in this way, you will have to deal with the advice of the design of the NPO.
Can the chairman refuse to pay?
The Chair will certainly take part in every meeting at home. He passes the necessary information or documents to the residents. In addition, he reports on all the measures taken related to the maintenance of the apartment building.
It is at such a meeting that residents can decide to pay the chairman any amount. How to refuse compensation to the chairman of the council of an apartment building? If the appointed person does not want to receive any funds from other residents so as not to increase the number of duties and powers, he can easily refuse this payment by notifying other citizens of his decision directly at the meeting.
What actions are undesirable?
When paying remuneration to the chairman of the council of an apartment building, some actions are taken into account, which can lead to negative consequences for residents of the building. These actions include:
- It is not recommended to pay funds to the chairman through the management company, since under such conditions a conflict of interest may occur, since a person who is obliged to monitor the work of the management company receives money from her;
- it is not allowed to replace the cash payment with various benefits or concessions, since under such conditions it can be expected that the chairman will cease to cope effectively with the assigned tasks, therefore you will have to choose either a new person or refuse to participate at home in the management of the building;
- if the residents of the house plan to transfer such powers and responsibilities to such a chairman, then they should be prepared to increase the fee for maintaining the house, since people will not be involved in any actions that take a lot of time and require significant effort.
All issues regarding the payment of funds to the chairman should be decided at the general meeting of residents.
Are insurance premiums and taxes paid?
Contributions are paid by persons who transfer money and various rewards to individuals. If a HOA or other non-profit organization was not created in the house, then the chairman should receive a payment that has been reduced in advance by the amount of insurance premiums and personal income tax. The tax agent may be the management company.
Is the remuneration of the chairpersons of the councils of MKD taxed? If funds are issued in cash, the recipient of such a fee may not pay any taxes or fees from them, although this is considered a violation of the law. Therefore, it is advisable when drawing up the 3-NDFL declaration to indicate the entire amount received by a person during his work as chairman. In this case, you have to pay tax to the Federal Tax Service.
When determining the size of personal income tax, all funds received by a citizen for a year of work are taken into account. These funds are charged 13%.
Conclusion
The chairman of the house council is endowed with numerous duties and powers. Therefore, he can receive a certain reward for his work. Its size depends on various factors, and is also determined directly at the meeting of apartment owners in the house.
Funds can be paid out in various ways, represented by transferring to a bank account, transferring cash or even through the UK. Since such funds are the income of a citizen, he is obliged to pay tax and insurance contributions from them.