Cooperative management. What constituent documents are needed for a production cooperative?

The issue of car storage is extremely relevant for city residents. Car owners often live in apartment buildings and they don’t want to store their “iron horses” under the windows. In order to organize the most safe and convenient storage cars, it is not uncommon for a city resident to become a full-fledged member, acquiring his own share in it.

This type of obligation is one of the few in the garage industry that can be officially registered, so for its existence it is important to comply with all legislative nuances concerning the work of this organization. An integral part garage cooperative, according to the law, is its chairman, who represents a separate caste of leaders. Today we will talk in more detail about his powers, responsibilities and the principle of election.

Garage cooperative - shared ownership

A garage-building or, as is often said, a garage cooperative is an organization that was created by a group of citizens on a voluntary basis and is aimed at providing some conditions for storing their cars, as well as for rational use garage buildings.

At its core, the property of all members of the Civil Code is common, but divided into shares. This method of owning property is called shared ownership, therefore the members of the cooperative must maintain the common parts of the property jointly. The activities of the Civil Code are regulated by the legislation of the Russian Federation and the organization’s charter.

According to current laws, the maintenance of common property and, in general, the existence of a cooperative cannot be organized without determining its chairman. In fact, this status gives a member of the Civil Code the powers of a leader. It is important to understand that the citizen elected as chairman must adhere to a number of obligations and take appropriate actions.

The chairman of a garage cooperative is elected by its members; the law does not provide for any other procedure. Co-operators have the right to elect a chairman by majority vote or in another manner provided for by their charter and not contrary to the will of the majority of members of the Civil Code.

The chairman of the cooperative undertakes to carry out his work in accordance with the organization’s charter and current legislation. The activities of this person are accountable, that is, the chairman must be in close contact with the members of the cooperative.

Often their interaction occurs at a general meeting, which is organized when it is necessary to resolve important issues of the Civil Code. It is also worth noting that the chairman has the right to assign tasks to cooperative employees, who undertake to carry them out.

Responsibilities of the chairman of the cooperative

The chairman of the garage cooperative is elected by the members of this cooperative

As it became clear from the previous paragraph of the article, the chairman of the Civil Code is a kind of curator of the existence of this organization. Considering so important status of such a position, the person holding it undertakes:

carry out management and management of the affairs of the cooperative throughout its entire work on this;
ensure the implementation of everything that was decided by the general meeting of members of the Civil Code;
be responsible for the production and financial activities of the cooperative;
competently and as intended to manage the general funds and funds of the members of the Civil Code;
determine labor activity employees of the Civil Code in accordance with the organization’s charter and the current legislation of the Russian Federation;
interact with suppliers of goods or services, the availability of which is necessary for the existence of the cooperative or the execution of decisions general meeting;
monitor the documentation of the cooperative and, if necessary, check, sign and approve it, working with responsible persons (for example, an accountant);
to form the organization’s funds through control of its production and financial activities;
if it is necessary to resolve issues related to the existence and activities of the Civil Code, prepare and hold a general meeting of its members;
control and ensure the legality of the activities of the cooperative in all its components;
know the charter of the cooperative, the current legislation of the Russian Federation and other nuances of your work activity.

Based on the responsibilities of the chairman of the garage cooperative presented above, the following rights arise from this official:

action without trust documents on behalf of the Civil Code;
representing the interests of the organization in interaction with other legal entities;
disposal of the property of the cooperative in accordance with the norms of its charter and the current legislation of the Russian Federation;
opening bank accounts of the Civil Code;
with cooperative employees;
within the scope of competence – signing and endorsing documentation, as well as making a number of management decisions;
improving your professional activity through qualifying events.

It is important to understand that failure to fulfill duties or exceeding authority on the part of the chairman of the cooperative is a punishable act. , imposed on a person, depends on the severity of the offenses and is determined either by the provisions of the charter of the Civil Code or by the current legislation of the Russian Federation.

How is the work of the chairman organized?

A lot depends on the chairman of the garage cooperative...

At the end of today’s material, it would be useful to consider the procedural order of organizing the work of the chairman. According to generally accepted and legislative norms, the appointment of the chairman to his position and subsequent work occurs as follows:

First, the chairman is elected to office. This procedure takes place at a general meeting of members of the cooperative and, as a rule, with the determination of a larger number of votes. It is worth noting that no member of the Civil Code can be appointed to the position of chairman against his will. If among the members of the organization there is no one willing for this position, then you need to find an “outside person” who will work for some payment.
After choosing a chairman, he is registered in the relevant documentation of the cooperative. From this moment on, he undertakes to carry out his activities in accordance with the charter of the Civil Code, current legislation and his job description.

Who is it? The chairman of the garage cooperative is the head of its main executive body - the board.

The body acts collegiately, but in fact, in most GSK the chairman is the sole manager.

He is elected by the members of the cooperative at the next vote. The chairman is a person who represents the interests of the headed organization in the courts and has the right to sign documents on its behalf.

Job description of the head of GSK

The instructions that describe the rights and responsibilities of a person in this position are the organization’s charter.

Is the chairman of a garage community an official?

How to remove the chairman from his duties as a legal entity. faces?

There are cases when a legal entity is registered in the name of the chairman. entity in the form of a cooperative, while the land under the garages has long been registered as the property of the members, and the GSK plays the role of a managing organization.

Sometimes the heads of such organizations want to stop holding their positions. To refuse chairmanship, you need to submit an application to the tax authority at your place of residence about your desire to liquidate the cooperative without creating a successor organization.

But according to the charter of the cooperative, issues such as the liquidation and reorganization of the GSK can only be decided by 2/3 of the votes at the general meeting of members. Otherwise, it will not be possible to legally liquidate the organization and be released from office.

If the meeting does not want to relieve you of your position for some reason, then you can cope with the pressure of members of the general meeting only by deliberately ignoring your duties. In this case, you will simply be required to be relieved of your duties due to a direct violation of the charter.

Analysis of problem situations related to this position

The elected head of the cooperative needs to decide whether he holds a position in accordance with the charter of the organization he heads or is engaged in commerce.

Conducting business activities on behalf of a garage cooperative is possible only with the approval of the general meeting.

Moreover, since GSKs are not commercial organizations, profits cannot go to its chairman. It goes to pay for the services of contractors and resource supply organizations.

If you are faced with the fact that the head of GSK has opened a car wash, car service center, auto parts store or any other retail outlet on his territory, then write a complaint to the prosecutor’s office.

For this, he can be held accountable under Article 171 of the Criminal Code of the Russian Federation, Article 14.1 of the Code of Administrative Offenses, 116 and. Also involve other members of the cooperative in the problem and convene an extraordinary meeting to change the head of the cooperative and close illegal offices.

Article 116. Violation of the procedure for registration with the tax authority

Violation by a taxpayer of the deadline established by this Code for filing an application for registration with the tax authority on the grounds provided for by this Code shall entail a fine in the amount of 10 thousand rubles.
Conducting activities by an organization or individual entrepreneur without registration with the tax authority on the grounds provided for by this Code, entails a fine in the amount of 10 percent of the income received during the specified time as a result of such activity, but not less than 40 thousand rubles.

Let's sum it up

The chairman of the board of the cooperative is an elected position to which a person from among the members of the cooperative can be appointed. He is also dismissed from office by a majority decision at the general meeting. He has no right to practice entrepreneurial activity without the knowledge of the GSK members.

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The chairman of the cooperative ensures the implementation of decisions of the general meeting and the board, represents the cooperative in relations with government agencies, enterprises, organizations, institutions, concludes contracts, and performs other actions.

The chairman of the cooperative is elected by the general meeting of members of the cooperative for a term of up to two years. The chairman of the cooperative carries out the day-to-day management of the activities of the cooperative, ensures the implementation of the decisions of the general meeting, represents the cooperative in relations with government bodies and other institutions and organizations, and is responsible for the production and economic activities of the cooperative.

The chairman of the cooperative and the auditor who have not lived up to the trust of the members of the cooperative may be recalled early by decision of the general meeting of the cooperative.

The chairman of the cooperative ensures the implementation of decisions of the general meeting (meeting of authorized representatives) and the board, represents the cooperative in relations with government bodies, enterprises, organizations, institutions and other cooperatives, concludes contracts, and performs other actions.

The chairman of the board is the chairman of the cooperative.

The accountant (as well as the chairman of the cooperative) must sign documents that serve as the basis for the receipt and issuance of funds, inventory, as well as credit and settlement obligations. Without his signature, such documents are considered invalid. Compliance with the accountant's requirements for preparing documents and performing transactions is mandatory. If illegal actions of cooperative employees are detected, the accountant must report this to the chairman. For failure to comply or violation of the accountant's instructions arising from his duties, the guilty persons, by decision of the general meeting, may be deprived of bonuses.

If the cost of travel and accommodation is known in advance, then the chairman of the cooperative has the right to write it off as an expense without confirmation by primary documents, but in an amount not exceeding the maximum rates for housing payment and current transport tariffs. At the same time, for workers sent to installation, commissioning and construction works, the fee for renting housing that is not confirmed by documents is assumed to be equal to 1 rub. per day.

Only members of the cooperative can be members of the supervisory board and board of the cooperative, as well as the chairman of the cooperative. A member of a cooperative cannot simultaneously be a member of the supervisory board and a member of the board or chairman of the cooperative.

If alimony is withheld by a court decision or a judge's order, the chairman of the cooperative must, within three days, inform the bailiff and the alimony recipient about the departure of the alimony payer from work, and indicate his new place of work or residence, if known. Failure to comply with this requirement may result in a fine being imposed on the chairman and accountant of the cooperative. IN personal accounts alimony payers must make appropriate records about the number and age of their children.

In May 1990, the executive committee of the Nogai City Council of People's Deputies held a meeting of chairmen of cooperatives operating in the city. Issues of expanding the participation of cooperatives in improving cultural and public services for the population will be discussed. We ask you to participate and prepare your proposals.

In May 1990, the executive committee of the Noginsk City Council of People's Deputies held a meeting of chairmen of cooperatives operating in the city. Issues of expanding the participation of cooperatives in improving cultural and public services for the population will be discussed. Please participate and prepare your proposals.

Disciplinary action, including dismissal from office, can be imposed on the chairman of the cooperative, members of the board of the cooperative and members of the audit commission (auditor) of the cooperative only by a decision of the general meeting of members of the cooperative, and on its other officials - by the executive body of the cooperative in accordance with the charter of the cooperative.

In this case, the manager (owner) of the enterprise (farm), the chairman of the cooperative, the partnership, and the assignment of the corresponding electrical safety group are not tested for knowledge of the Rules.

Inclusive, available at retail trading network for sale to the public, if it is not possible to appoint or hire someone responsible for electrical equipment, responsibility for safe operation electrical installations can be by written agreement with local authority energy supervision is entrusted to the manager or owner of an enterprise, farm, chairman of a cooperative, partnership.

Inclusive, those supplied to the retail trade network for sale to the public, in the absence of the possibility of appointing or hiring a person responsible for electrical installations, responsibility for the safe operation of electrical installations may, by written agreement with the local energy supervision authority, be assigned to the manager or owner of the enterprise, farm, chairman of the cooperative, or partnership.

A production cooperative (artel) is a voluntary association of citizens on the basis of membership for joint production and other economic activity, based on their personal labor and other participation and the association of its members (participants) of property share contributions. The constituent document of the cooperative may provide for participation in its activities legal entities. A cooperative is a legal entity and a commercial organization.

Number of participants

The number of members of the cooperative cannot be less than five people. Citizens can be members (participants) of a cooperative Russian Federation, foreign citizens, stateless persons. A legal entity participates in the activities of the cooperative through its representative in accordance with the charter of the cooperative.

Citizens of the Russian Federation who have reached the age of sixteen years can be members of the cooperative who have made the share contribution established by the cooperative's charter. The number of cooperative members who have made a share contribution and participate in the activities of the cooperative, but do not take personal labor participation in its activities, cannot exceed twenty-five percent of the number of cooperative members who take personal labor participation in its activities.

Unit trust

Minimum and maximum size share capital is not limited. This is due to the fact that if the cooperative’s property is insufficient, its members bear additional (subsidiary) responsibility.

Purposes of creation

A production cooperative is created for the purpose of making a profit and can engage in any activity not prohibited by law. At the same time, for certain types of activities it is necessary to obtain a special permit (license).

Controls

The highest governing body of a cooperative is the general meeting of its members. In a cooperative with more than fifty members, a supervisory board may be created. The executive bodies of the cooperative include the board and (or) the chairman of the cooperative. Only members of the cooperative can be members of the supervisory board and board members of the cooperative, as well as the chairman of the cooperative. A member of a cooperative cannot simultaneously be a member of the supervisory board and a member of the board (chairman) of the cooperative.

General meeting of cooperative members

The general meeting of members of the cooperative has the right to consider and make decisions on any issue of the formation and activities of the cooperative. TO exclusive competence general meeting of members of the cooperative include:

approval of the charter of the cooperative, amendments to it;
determination of the main activities of the cooperative;
admission to membership of the cooperative and exclusion from membership of the cooperative;
establishing the size of the share contribution, the size and procedure for the formation of cooperative funds; determination of directions for their use;
the formation of a supervisory board and termination of the powers of its members, as well as the formation and termination of powers of the executive bodies of the cooperative, if this right according to the charter of the cooperative is not transferred to its supervisory board;
election of the audit commission (auditor) of the cooperative, termination of powers of its members;
statement annual reports and balance sheets, conclusions of the audit commission (auditor) of the cooperative, auditor; distribution of profits and losses of the cooperative;
making decisions on the reorganization and liquidation of the cooperative;
creation and liquidation of branches and representative offices of the cooperative, approval of regulations on them;
resolving issues regarding the participation of the cooperative in business partnerships and societies, as well as the entry of the cooperative into unions (associations).

The charter of the cooperative may also include other issues of the cooperative’s activities within the exclusive competence of the general meeting of members of the cooperative. The general meeting of members of the cooperative is competent to make decisions if more than fifty percent are present at this meeting total number members of the cooperative. The general meeting of members of the cooperative makes decisions by a simple majority of votes of the members of the cooperative present at this meeting, unless otherwise provided by this Federal law or the charter of the cooperative. Each member of the cooperative, regardless of the size of its share, has one vote when making decisions by the general meeting of members of the cooperative.

Decisions on changing the charter of the cooperative, on reorganization (with the exception of transformation into business partnership or society) and the liquidation of the cooperative are adopted by three-quarters of the votes of the members of the cooperative present at the general meeting. The decision to transform a cooperative into a business partnership or company is made by unanimous decision of the members of the cooperative.

The decision to expel a member of the cooperative is made by two-thirds of the votes of the members of the cooperative present at the general meeting. Issues falling within the exclusive competence of the general meeting of members of the cooperative cannot be referred to the decision of the supervisory board of the cooperative or the executive bodies of the cooperative.

In a cooperative with more than fifty members, a supervisory board may be created, which exercises control over the activities of the executive bodies of the cooperative and resolves other issues within the competence of its supervisory board by the charter of the cooperative. The supervisory board of the cooperative is created from members of the cooperative. The number of members of the supervisory board of the cooperative and their term of office are determined by the general meeting of members of the cooperative.

The supervisory board of the cooperative elects a chairman of the supervisory board from among its members. A member of the supervisory board cannot simultaneously be a member of the board of the cooperative or the chairman of the cooperative. Meetings of the supervisory board of the cooperative are convened as needed, but at least once every six months. Members of the supervisory board of a cooperative do not have the right to take actions on behalf of the cooperative.

Issues falling within the exclusive competence of the supervisory board of the cooperative cannot be referred to the decision of the executive bodies of the cooperative.

Executive bodies of the cooperative

The executive bodies of the cooperative carry out the current management of the activities of the cooperative. In a cooperative with more than ten members, a board is elected. The board of the cooperative is elected by the general meeting from among the members of the cooperative for the period provided for by its charter. The board of the cooperative manages the activities of the cooperative in the period between general meetings of members of the cooperative. The competence of the board of the cooperative includes issues that are not within the exclusive competence of the general meeting of members of the cooperative and the supervisory board of the cooperative.

The board of the cooperative is headed by the chairman of the cooperative. The chairman of the cooperative is elected by the general meeting from among the members of the cooperative. If a supervisory board has been created in the cooperative, the chairman of the cooperative is approved by the general meeting of members of the cooperative upon the proposal of the supervisory board of the cooperative. The powers of the chairman of the cooperative are determined by the charter of the cooperative. The charter of the cooperative establishes the term for which the chairman of the cooperative is elected (approved), the right of the chairman of the cooperative to dispose of the property of the cooperative, the terms of remuneration of the chairman of the cooperative, the responsibility of the chairman of the cooperative for losses caused, as well as the grounds for his dismissal from office. If a board of directors is elected in a cooperative, the charter of the cooperative determines issues on which decisions are made solely by the chairman of the cooperative.

Within the powers granted by the charter of the cooperative, the chairman of the cooperative acts on behalf of the cooperative without a power of attorney, represents the cooperative in state authorities, local governments and organizations, disposes of the property of the cooperative, concludes contracts and issues powers of attorney, including with the right of subrogation, opens accounts of the cooperative in banks and other credit institutions, hires and dismisses employees, issues orders and instructions that are binding on members of the cooperative and hired employees of the cooperative. The executive bodies of the cooperative are accountable to the supervisory board of the cooperative and the general meeting of members of the cooperative.

Audit commission (auditor) of the cooperative

To control the financial and economic activities of the cooperative, the general meeting of members of the cooperative elects an audit commission consisting of at least three members of the cooperative or an auditor if the number of members of the cooperative is less than twenty. Members of the audit commission (auditor) of a cooperative cannot be members of the supervisory board and executive bodies of the cooperative. The audit commission (auditor) of the cooperative carries out an inspection financial condition of the cooperative based on the results of work for the financial year, conducts an audit of the financial and economic activities of the cooperative on behalf of the general meeting of members of the cooperative, the supervisory board of the cooperative or at the request of at least ten percent of the members of the cooperative, as well as on its own initiative. Members of the audit commission (auditor) of the cooperative have the right to demand that the officials of the cooperative provide the documents necessary for the inspection.

The audit commission (auditor) of the cooperative presents the results of its audit to the general meeting of members of the cooperative, the supervisory board of the cooperative. To check financial and economic activities and confirm financial statements The executive bodies of the cooperative may involve external auditors from among the persons entitled to carry out such activities. Inspection of the financial and economic activities of a cooperative by auditors is also carried out by decision of the supervisory board of the cooperative or at the request of at least ten percent of the members of the cooperative. In the latter case, the auditor's services are paid for by the members of the cooperative who requested such an audit.

Responsibility of the production cooperative

The cooperative is liable for its obligations with all property owned by it. The subsidiary liability of members of the cooperative for the obligations of the cooperative is determined in the manner prescribed by the charter of the cooperative. The cooperative is not responsible for the obligations of its members. Foreclosure of a cooperative member's share for his personal debts is permitted only if there is insufficient other property to cover such debts in the manner prescribed by the cooperative's charter. Collection of personal debts of a cooperative member cannot be applied to the indivisible fund of the cooperative.

Constituent documents

The founding document of a cooperative is the charter, approved by the general meeting of members of the cooperative. The charter of the cooperative must define the corporate name of the cooperative, its location, and also contain conditions on the amount of share contributions of members of the cooperative; on the composition and procedure for making share contributions by members of the cooperative and on their responsibility for violation of obligations to make these contributions; on the nature and procedure for labor and other participation of members of the cooperative in its activities and about their responsibility for violation of obligations regarding personal labor and other participation; on the procedure for distributing profits and losses of the cooperative; on the amount and conditions of subsidiary liability of members of the cooperative for its debts; on the composition and competence of the management bodies of the cooperative and the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes; on the procedure for paying the cost of a share or issuing the corresponding property to a person who has ceased membership in the cooperative; on the procedure for new members to join the cooperative; on the procedure for leaving the cooperative; on the grounds and procedure for exclusion from members of the cooperative; on the procedure for forming the property of the cooperative; on the list of branches and representative offices of the cooperative; on the procedure for reorganization and liquidation of the cooperative. The charter of the cooperative may contain other information necessary for its activities.

Transformation of the production cooperative

By unanimous decision of its members, a cooperative may be transformed into a business partnership or company in the manner prescribed by law.

Rights and obligations of participants

Members production cooperative has the right:

participate in the production and other economic activities of the cooperative, as well as in the work of the general meeting of members of the cooperative with the right of one vote;
elect and be elected to the supervisory board, executive and control bodies of the cooperative;
make proposals to improve the activities of the cooperative, eliminate shortcomings in the work of its bodies and officials;
receive a share of the cooperative’s profits to be distributed among its members, as well as other payments;
request information from officials of the cooperative on any issues of its activities;
leave the cooperative at your own discretion and receive the payments provided for by this Federal Law and the charter of the cooperative;
seek judicial protection of their rights, including appealing decisions of the general meeting of members of the cooperative and the board of the cooperative that violate the rights of a member of the cooperative.

Members of the cooperative who take personal labor participation in the activities of the cooperative have, in addition, the right to receive payment for their work in cash and (or) in kind.

Members of the cooperative are obliged to:

make a share contribution;
participate in the activities of the cooperative through personal labor or by making an additional share contribution, the minimum amount of which is determined by the charter of the cooperative;
comply with the internal rules established for members of the cooperative who take personal labor participation in the activities of the cooperative;
bear the subsidiary liability provided for by this Federal Law and the charter of the cooperative for the debts of the cooperative.

The procedure for distributing profits in a production cooperative

The profit of the cooperative is distributed among its members in accordance with their personal labor and (or) other participation, the size of the share contribution, and among members of the cooperative who do not take personal labor participation in the activities of the cooperative, in accordance with the size of their share contribution. By decision of the general meeting of members of the cooperative, part of the profit of the cooperative may be distributed among its employees. The procedure for distribution of profits is provided for by the charter of the cooperative.

The part of the cooperative's profit remaining after paying taxes and other obligatory payments, as well as after directing the profit for other purposes determined by the general meeting of the members of the cooperative, is subject to distribution among the members of the cooperative. The part of the cooperative's profit, distributed among the members of the cooperative in proportion to the size of their share contributions, should not exceed fifty percent of the cooperative's profit to be distributed among the members of the cooperative.

Peculiarities

A production cooperative is one of the rare forms of doing business in Russia at present. This is due to the fact that a cooperative is more an association of personal labor contributions rather than capital. And the subsidiary liability (i.e. additional) of the members of the cooperative for the obligations of the cooperative also does not allow this organizational and legal form to spread throughout the Russian Federation.

ZhSK is short for housing construction cooperative. The chairman may be a person, a member of the housing cooperative, who was chosen from among their members by other members of the same housing cooperative.

In other words, he is chosen by the house board, grants rights and responsibilities that must be specified in the Charter.

The chairman of the board of a housing cooperative must fulfill his duties with dignity, and also act in the interests of the entire cooperative as a whole, among other things, and in the interests of each of its members in particular.

For his actions, he bears full responsibility before the law and every member of the housing cooperative.. Article 119 of the Housing Code regulates general provisions specifically about the chairman of the housing cooperative.

Housing Code of the Russian Federation, Article 119. Chairman of the board of a housing cooperative

1. The chairman of the board of a housing cooperative is elected by the board of the housing cooperative from among its members for a period determined by the charter of the housing cooperative.
2. Chairman of the board of a housing cooperative:
1) ensures the implementation of decisions of the board of the cooperative;
2) without a power of attorney, acts on behalf of the cooperative, including representing its interests and making transactions;
3) exercises other powers not assigned by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.
3. The chairman of the board of a housing cooperative, when exercising rights and performing duties, must act in the interests of the cooperative in good faith and reasonably.

Rights and obligations

The chairman of the housing cooperative has rights that are prescribed in separate chapters in the charter of the housing construction cooperative.

Job description of the chairman of the housing cooperative:

he must know the Laws of the Russian Federation;
he must conscientiously organize all activities of the board of the cooperative in full compliance with current legislation;
regulate issues related to the organization of repairs, as well as the provision of utilities and other services to residents;
fully control the services provided to residents for quality compliance;
in case the services provided were not very good High Quality or in the absence of such services, provide residents with a complete recalculation of payments;
ensure proper operation various types equipment, premises, as well as buildings that belong to this cooperative;
properly store documents provided by residents that confirm ownership of housing;
issue the required documents within its competence to residents: acts, documents and certificates for services, and so on;
represent all the interests of this cooperative in government and other institutions related to the operation or maintenance of the house;
lead and control necessary documentation, accounting statistics, other reporting;
conduct banking transactions;
check the accuracy of payments to residents of the house for payment for various services;
to prevent free unauthorized redevelopment by residents of the house of places intended for common use, residential and non-residential premises;
periodically monitor the improvement of buildings, the integrity of structures and equipment;
accept and, if possible, take into account the wishes of the residents of the house regarding the maintenance and improvement of buildings and structures;
receive citizens, as well as keep records of complaints regarding the organization of management, home improvement, technical condition various objects;
take measures to eliminate the problems of residents of the house related to its well-being and maintenance;
control the current and overhaul buildings and structures of this cooperative;
draw up a work plan every quarter and report on its implementation to the board at the end of each quarter;
be present at set days on the board of the cooperative and organize the reception of members of the housing cooperative by members of the board;
hold board meetings.

This list of responsibilities is not exhaustive.. When drawing up and adopting the Charter of a housing construction cooperative, other responsibilities of the chairman of the housing cooperative may be included in this list, depending on various situations.

Now let's look at some of the rights that are granted to the chairman of a housing cooperative.

Conventionally, they can be divided into basic and additional.

The basic rights of the chairman of the housing cooperative include:

control the use by residents of the residential and non-residential premises provided to them, and if a violation of the norms of current legislation is detected, take measures to eliminate them;
in the event of an emergency in a premises that is owned by individuals or legal entities that threatens damage to the property of other owners, has the right to enter the premises in agreement with the owner;
conduct personnel selection, present candidates at board meetings;
manage the activities of staff;
has the right to vote at meetings of the board of the cooperative in the event of equality of votes among board members;
vest members of the board with certain powers and require their conscientious execution;
prematurely vacate the position of chairman of the housing construction cooperative.

Additional rights of the chairman of the cooperative:

In addition to the rights and obligations, the chairman of the housing cooperative has prohibitions and restrictions.

The chairman has no right:

enter residents' apartments without their desire, especially in their absence;
dispose of without permission in cash cooperative for purposes not provided for in the estimate and not agreed upon with the board;
dismiss personnel without a decision of the board;
carry out decisions of meetings and the board that contradict the norms of current legislation;
act against the interests of the residents of the house, the owners of non-residential premises and the entire cooperative as a whole.

We hope that the above information has helped you become more aware of the rights and responsibilities of the chairman of the housing cooperative.

Manager's salary

If an agreement has been concluded with the chairman, then he can be fired in full accordance with subparagraph “d” of paragraph 6 of Article 81 Labor Code RF, paragraph 10 of Article 81 of the Labor Code.

Housing Code of the Russian Federation, Article 112. Organization of a housing cooperative

6d) committing at the place of work theft (including small) of someone else’s property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a decision of a judge, body, official authorized to consider cases of administrative offenses;

Labor Code of the Russian Federation, Article 81. Termination employment contract at the initiative of the employer

10) one-time gross violation the head of the organization (branch, representative office), his deputies for their labor duties;

Also it is possible to terminate the contract with the chairman of the housing cooperative at his own request.

In this case, a statement of resignation from members of the housing construction cooperative is required from him, and from the employer - employment history and net payment on the last day of work.

About the unscrupulous chairman of the housing cooperative in Kurgan, see the following video: