Chairman of the board: powers, duties

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

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

The chairman is responsible. Its main task is to ensure the normal operation of the partnership without violating the rights of residents. All powers and duties are specified in the charter. The chairman can be re-elected, which is the decision of the association.

Chairman election

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 outlines the rights and obligations of employees. Every homeowner should be familiar with the document.

The charter necessarily stipulates a quorum - the number of owners who must be present at the meeting so that its decision becomes valid. Documentthe right of absentee voting. This gives the board members the opportunity to visit all owners and acquaint them with the results of the meeting. Only apartment owners are members of the board.

Employee Requirements

An important requirement for the chairman is the ownership of an 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 abilities, an adequate assessment of events, and the achievement of goals. It is important to have a higher education, preferably in the field of management or the administrative industry.

The chairman needs to be patient as there will be a lot of problems to deal with. There may be conflicts that need to be calmly resolved, so communication skills and punctuality are welcome. Strength of character and activity are important, and then you can become a contender for a position.

Chairman's rights

This employee has his own 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.

Clauses can be added to the document to clarify information about the head of the association. Usually it states that the chairman has the right to dispose of money to implement the approved plan of the meeting. He can also draw up accounting reports, settle accounts with other persons, and make payments. Whenif necessary, organizes measures to eliminate the consequences of accidents and repair work.

Responsibilities of the HOA Board

The appointed employee must perform work based on the law and the charter. He controls the receipt of payment for utilities. He needs to carry out an estimate of the annual income and expenses of the partnership, report on the finances at the meeting.

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 contracts with contractors. The chairman is elected from among the members of the board, and the term of his office is determined by the charter. The duties of the chairman of the board are enshrined in this document.

Powers of the chairman of the HOA

They are fixed 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 documents;
• creating a business schedule;
• enforcing partnership decisions;
• doing work based on federal and local laws;
• service quality control;
• maintenance of 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 hasrestrictions. He can't:

• conclude agreements with counterparties without discussing the issue at the meeting;
• sell or rent common property;
• transfer your authority to the management company.

The general meeting sets the salary of the chairman. This must be 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 the changes in legislative documentation.

The Chairman controls the timely recalculation of payment for services if they were provided in an improper 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

There are no clear rules in the legislation regarding the inefficiency of management. But this does not exclude liability for the inconvenience caused. The charter indicates:

• what is the responsibility of the chairman in case of harm;
• material compensation in case of damage;
• recovery of damages.

The chairman should be stress-resistant, attentive and punctual. It is his responsibility to inform tenants of any changes.

In case of violation of the rights of residentsthe chairman bears general civil liability for:

• negligence, for example, there was no notification of the meeting;
• fraud;
• appropriation of funds;
• misleading;
• forgery;
• abuse of authority.

All members of the HOA have financial responsibility for all actions. If the owner caused damage to the common property, he must compensate for it. The amount is set on the basis of the act drawn up, and, if necessary, with the help of an appraiser. Specific types of offenses may be written into the articles of association.

Some nuances

Many tenants have a lot of questions about the work of the HOA. Are there any wrongdoings on their part? If they appear, then you should contact the competent authorities. Can a tenant be denied the necessary certificate? This should not be, as it is illegal.

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

Does the HOA have the right to charge pen alties? This is possible if the tenant has a debt for utility bills. This is done for faster payment of services. Only fines should be charged within the limits of legislative norms.

What does a bank chairman do?

A chairman is elected in each financial institution of this level. He manages the financialinstitution, conducts transactions on behalf of the enterprise. His job is to carry out the plans of the bank. Property is disposed of on the basis of legislation.

The chairman of the board of the bank deals with the selection, placement, training, appointment. He is also responsible for the development and implementation of new services, the issuance of orders. All innovations are consistent with it.

AO Chairman

The Chairman of the Board of JSC performs the work of managing the activities of the company. He organizes meetings where all current problems are solved. Also, this employee ensures the effective interaction of all structures of the enterprise.

The chairman of the joint-stock company monitors the fulfillment of contractual obligations, internal regulations. All his work is based on the current legislation. He needs to manage all areas of the company, which should not contradict regulatory documents.

Responsibilities include creating programs and business plans for the development of the enterprise, as well as monitoring their implementation. An annual meeting of shareholders on the work performed is held. The chairman is negotiating to implement the various goals of the AO.

Foundation Chairman

Funds also have chairmen 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 the representative of the fund in transactions;
• negotiates with various people on various issues;
• determines the state, wage conditions, budget;
• makes demands on behalf of the foundation;
• can sign documents;
• documents control;
• performs other functions specified in the document.

When the chairman is unable to perform duties for any reason, this work is shifted to other members of the organization. An employee must comply with prescribed requirements in order to qualify for the position.