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Confirm the power of attorney in the homeowners' association

What documents confirm the right? chairman of the HOA certify a power of attorney for a representative in court in cases not related to housing and communal services debt. Neither Article 149 of the RF Housing Code nor the charter contain this right.

The chairman of the HOA is vested with this right by the Civil Code of the Russian Federation and the Housing Code of the Russian Federation... Thank you for contacting 9111... Good luck...

A power of attorney to the court for an individual was certified by the homeowners' association at the place of residence of the principal and not by the homeowners' association at his place of registration, whether such a power of attorney is valid.

Hello, if an individual has at least temporary registration at the location of the HOA and a certified power of attorney, then such a power of attorney will be considered properly decorated.

Hello! IN in this case powers of attorney issued by citizens can be certified in notarial procedure or an organization in which the principal works or studies, a homeowners’ association, housing, housing construction or other specialized consumer cooperative executing management apartment building, managing organization at the place of residence of the principal, administration of the organization social services, in which the principal is located, as well as a stationary medical institution, in which the principal is undergoing treatment, by the commander (chief) of the relevant military unit, formation, institution, military professional educational organization, military educational organization higher education, if powers of attorney are issued by military personnel, employees of these units, formations, institutions, military professional educational organizations, military educational organizations of higher education or members of their families. Powers of attorney of persons in places of deprivation of liberty are certified by the head of the corresponding place of deprivation of liberty.

Who can certify a power of attorney for the right to vote in the general meeting of the HOA.

Such a power of attorney is not subject to mandatory certification; it can simply be written by hand, because the law stipulates that notarization only in certain cases.

Good afternoon If there is such a need, or such is provided required form your charter, then you can assure the HOA itself from your chairman.

The chairman of the HOA refused to certify the signature of the owner (disabled person) on the power of attorney. It included the following. Actions: participation in meetings and board meetings, voting rights, conducting audits. I had to call a notary to my house - 5,000 rubles. Is it possible to recover this money through the court or is the chairman’s refusal his personal desire, not punishable in any way?

Are you ready to sue for six months for 5 thousand? The Chairman was not obliged to assure you this power of attorney, if it is given from individual- the chairman certifies all documents from the HOA, and not from the owners of this HOA

The chairman of the HOA refuses to certify the power of attorney to represent my interests in court (an individual is suing an individual), citing the fact that he does not have authority. He is obliged to certify the power of attorney in accordance with Art. 53 Code of Civil Procedure or this is his right. I can hold him accountable for unjustified refusal and violation of human rights or others?

Uv. Galina, really current legislature does not grant the chairman of the HOA the powers of a notary. To certify a power of attorney for a lawyer, you need to contact any notary.

As you know, the Chairman of the HOA in the house can certify powers of attorney for the court if the plaintiffs live in the same house. And if the Chairman of the HOA is also one of the plaintiffs as an individual. Can he certify powers of attorney for himself to represent the interests of the other plaintiffs in court?

Yes maybe. Chairman HOA board having a stamp legal entity, has the right to certify the authenticity of the will of the owners of the premises apartment building. Here is an example - http://sudact.ru/regular/doc/iTSlXmPGYiNx/

The plaintiffs live in the same house. Can the Chairman of the HOA of this house certify the powers of attorney of these plaintiffs for a representative in court? Or is this right only for a notary?

Should the director of the HOA certify the owners' powers of attorney to receive a pension at the post office or in other cases?

Hello! No, he does not have such powers. Only a notary can certify a power of attorney

Clause 2 Art. 53 of the Code of Civil Procedure of the Russian Federation allows you to certify a power of attorney for a minor (17 years old), for example, in a HOA?

Part 2 Art. 53 of the Code of Civil Procedure of the Russian Federation provides that powers of attorney issued by citizens can be certified by a notary or the organization in which the principal works or studies, homeowners association, housing, housing construction or other specialized consumer cooperative that manages an apartment building, a management organization at the principal’s place of residence, the administration of the institution social protection of the population in which the principal is located, as well as the inpatient medical institution in which the principal is being treated, by the commander (chief) of the relevant military unit, formation, institution, military professional educational organization, military educational organization of higher education, if powers of attorney are issued by military personnel, employees of these unit, formation, institution, military professional educational organization, military educational organization of higher education or members of their families. Powers of attorney of persons in places of deprivation of liberty are certified by the head of the corresponding place of deprivation of liberty. But we're talking about about judicial power of attorney. And on behalf of minors in court, their interests must be represented by their legal representatives. Legal representatives can issue a power of attorney to another person and have it certified by the HOA.

How should a power of attorney issued for participation in the general meeting of HOA members be certified?

this issue must be registered in the homeowners association; usually the power of attorney is signed in the presence of a representative of the homeowners association

Can the chairman of the HOA certify a power of attorney for representation in court to the tenant of the house, provided that the house has not yet been handed over, but the HOA has been created and people already live in it. The claim will be for the recovery of penalties under the contract equity participation in the construction of the same house, the house has not yet been commissioned.
Is it possible to file one lawsuit, where the plaintiffs will be residents with different agreements participation in shared construction and the defendant is the developer.

Vladimir, filing one claim in this form is possible. But it is better to have the power of attorney certified by a notary. Look, you are not the owners yet, so the power of attorney from the homeowners’ association (real estate) may not be recognized.

IN new edition can an employer certify powers of attorney for HOA voting, for getting postal items?

Art. 185.1 of the Civil Code of the Russian Federation does not give such powers to the employer (to certify a power of attorney for voting in the HOA). But if in HOA Charter such cases are provided for, such voting will be possible.

NO, only for receiving correspondence (except valuable ones).

See Art. 185 and 185.1. Civil Code of the Russian Federation.

Who must certify a power of attorney to speak in court on behalf of the HOA?

I need a sample of a general judicial power of attorney, cat. certified by the homeowners association.

Look for samples on the Internet or contact any lawyer in private messages.

Hello. According to Art. 48 clause 2 of the Housing Code of the Russian Federation, the power of attorney for voting must be executed in accordance with the requirements of paragraphs 4 and 5 of Article 185 Civil Code RF or notarized.

That is, in addition to a notary, such a power of attorney can be certified by the organization in which the principal works or studies, the housing maintenance organization at his place of residence and the administration of the inpatient medical institution in which he is being treated.

Requirements for a power of attorney:

Must be certified (at the place of work, study, administration of an inpatient medical institution, housing department notary at the place of residence or organization performing management functions).

A power of attorney on behalf of a legal entity is certified by the seal of the organization and the signature of the director.

to represent the interests of the owner of premises in an apartment building

Moscow “____”_________20___

Passport series _________, number __________ issued ____________ “____”________________ _________, registered at the address: ________________________________________________________________________________

I authorize with this power of attorney

(full name, passport details) exercise all rights and fulfill my duties as the owner of the premises in house No. 6 on the street. Academician Zelinsky, Moscow Housing Code

RF, related to participation in general meetings held in the form of joint presence or by poll (absentee voting), including choosing the form of management of an apartment building, building management bodies, voting on all issues on the agenda (including by filling out ballots), act as the initiator of convening and holding a meeting with any agenda, including making proposals and changes to the agenda, getting acquainted with documents, nominating candidates for any management bodies of an apartment building.

Within the framework of this instruction, ____________________________________________ has the right to sign for me, submit any applications, demands, and also take other actions related to the execution of this instruction.

Area of ​​the owner's premises _____________________________________ sq.m., share in the right to common property_________________________________________________

Sample power of attorney to represent the interests of an individual in a homeowners' association

Section 5. Form of power of attorney to represent the interests of the owner of premises in an apartment building.

to represent the interests of the owner of premises in an apartment building

_____________ “____”_________20___

I, __________________________________________, ________ year of birth,

Passport series _________, number __________ issued ____________ "____"________________ _________, registered at the address: __________________________________________

With this power of attorney I authorize _____________________________________

(full name, passport details) exercise all rights and fulfill my duties as

owner of the premises in the house _ on the street. ____________________, the city of ____________, provided for by the Housing Code of the Russian Federation, related to participation in general meetings held in the form of joint presence or by poll (absentee voting), including choosing the form of management of an apartment building, building management bodies, voting on all issues on the agenda , including by filling out ballots, initiate the convening and holding of a meeting with any agenda, including making proposals and changes to the agenda, getting acquainted with documents, nominating candidates for any management bodies of an apartment building.

Within the framework of this instruction, _____________________________________ has the right to sign for me, submit any applications, demands, and also take other actions related to the implementation of this instruction.

Area of ​​the owner's premises _____________________________________ sq.m., share in the right to common property __________________________________________________________ (This line may be left blank.)

The power of attorney was issued for a period of _____________ years, without the right of substitution.

Signature: ________________/ ______ /

(if the power of attorney is issued by a legal entity, its seal is affixed)

(at the place of work, study, administration of an inpatient medical institution, notary, housing department at the place of residence or organization performing management functions)

Requirements for a power of attorney:

Written form of power of attorney;

residence or location, passport details);

Must be certified (at the place of work, study, administration of the hospital

medical institution, housing notary at the place of residence or organization

performing management functions). Power of attorney on behalf of a legal entity

certified by the seal of the organization and the signature of the head.

Provide that citizens have the right to conduct their affairs in court in person or through representatives. The representative has the right to do everything procedural actions. Such a representative may be a management organization or an HOA. For example, the management company may, in the interests of the owners, file a lawsuit to remove obstacles to the use of common property or to recognize the right of common shared ownership of common property.

Representative's right to sign statement of claim, presenting it to court, renouncing it, signing a settlement agreement and performing certain other actions must be specifically stipulated in the power of attorney issued by the represented person. Today we will tell you how to issue a judicial power of attorney. Today we will tell you in what cases judicial power of attorney is not required and how to arrange it if it is needed.

When is a judicial power of attorney needed?

They can represent the interests of owners in court managers of apartment buildings organizations, one or more owners of premises, the chairman of the council of apartment buildings and third parties under a service agreement. Courts general jurisdiction according to established tradition, they require confirmation of the representative’s authority with a power of attorney, without understanding on what basis the representative acts.

A special power of attorney, executed in the form separate document and certified according to the rules of Art. 185.1 of the Civil Code of the Russian Federation, will be needed if the interests of one or more owners of premises are represented by a third party involved in participation in legal dispute(for example, a lawyer).

However, such a power of attorney is not required if the representative of the owners of the premises in court is:

• management organization, HOA or housing cooperative;
• Chairman of the MKD.

Power of attorney for the management organization

A power of attorney from the owners to represent their interests in court is not required. Their powers are confirmed by:

• solution general meeting owners on the election of a management company and the conclusion of an agreement MKD management or a decision on the creation and election of a HOA, residential complex/housing cooperative;
• management agreement;
• constituent documents confirming the identity of the representative: certificate of state registration and staging on tax accounting, charter

Legal representation may also require separate solution general meeting of owners on the vesting of the management company, HOA right filing a claim in court to protect the interests of the owners of premises in a specific case.

Despite the fact that such representation, if it is related to the management of apartment buildings, is the responsibility of the management company, homeowners association, courts often require additional confirmation, and in its absence, the claim is returned or left without consideration.

The court noted that on the basis of Art. 290 Civil Code of the Russian Federation, art. 36, 135, 138 Housing Code of the Russian Federation in their entirety HOA, filing a claim in the arbitration court regarding common property in the apartment building, acts in the interests of the owners of the premises in this house.

At the same time, the issue of transferring to the HOA the authority to go to court on their behalf and in their interests is subject to investigation by the court. The plaintiff presented the minutes of the general meeting of premises owners, which indicated that the owners instructed the HOA to apply to the court for recognition of the common shared ownership several rooms in the house (decision of the Arbitration Court of the Sverdlovsk Region dated August 13, 2012 in case No. A60-19759/2012).

In another case, the court returned the claim management organization, filed in the interests of premises owners, for recognition illegal redevelopment living space. The MA indicated that the power to bring a claim is provided for in the management agreement.

But the management agreement attached to the claim did not contain information about the powers of the management authority to represent the interests of the owners of the premises in court on the issue of violation by one of owners of apartment buildings legislation on redevelopment or reconstruction of residential premises (appeal ruling of the Omsk Regional Court dated March 11, 2015 in case No. 33-1698).

In order to give the management company or homeowners association the right to go to court on behalf of the owners of the premises, it is sufficient to make the appropriate decision by a simple majority of votes of the owners from total number votes taking part in the OSS (that is, more than 50%), and formalize it properly in the form of a protocol (decision of the Supreme Court of the Russian Federation dated May 12, 2015 No. 303-ES14-4720).

If the head of the management organization or the chairman of the HOA is personally present at trial, his powers are additionally confirmed by the relevant decision of the meeting of founders (participants) on election to the position and additionally by an extract from the Unified State Register of Legal Entities. This is due to the fact that the head of a legal entity is its legal representative, acting without a power of attorney.

A power of attorney, issued in the form of a separate document and certified according to the rules of Art. 185.1 of the Civil Code of the Russian Federation, will be needed only in one case - if the interests of the owners are represented by an employee of the management company, HOA or other person who is not a member labor relations with the management company, homeowners association, including those involved by the owners (for example, a lawyer).

The chairman of the MKD Council also does not need to prepare a power of attorney. He can confirm his powers by a decision of the general meeting of owners of apartment building premises on his election as chairman and by a decision on conferring powers to judicial representation, adopted by a majority vote of the owners of the premises.

It should be taken into account that in the world and district courts negative practice has developed. Referring to paragraphs. 5 paragraph 8 art. 161.1 of the Housing Code of the Russian Federation, the courts require the chairman of the Council of the MKD to represent special power of attorney or even a power of attorney issued on behalf of the owners of the premises, and in its absence, the claim is left without consideration.

This is clearly not in accordance with the law. Supreme Court The Russian Federation recognized as erroneous the conclusion that decisions of a meeting of owners cannot be recognized as a power of attorney issued by homeowners to represent their interests in court.

Civil legislation provides that a power of attorney is written document, properly executed and in accordance with the requirements imposed on it. Moreover, such a document must contain an indication of the vesting of powers to represent one person the interests of another (or a group of persons).

In the case considered by the Supreme Court of the Russian Federation, to confirm the powers of the chairman of the council of apartment buildings, decisions of the general meeting of premises owners were presented in the form of protocols. Such decisions have the force of a power of attorney and give the chairman the authority to represent the interests of the owners of premises in the courts (determination of the Supreme Court of the Russian Federation of December 24, 2013 No. 58-KG13-10).

In a similar case, the Chairman of the Council of MKD confirmed her demands to the MA for recognition illegal changes tariff for maintenance and Maintenance common property by two documents: a decision of the general meeting of owners and a power of attorney.

The court found that the owners of the premises had issued a power of attorney indicating powers to the chairman. The powers include the right to represent the interests of the owners of the premises of a given house in judicial institutions, including courts of general jurisdiction, with the right to sign and file claims and other necessary statements, complaints, petitions, etc..

So the will collective subject rights - the general meeting of owners of MKD premises - was properly secured in the form written power of attorney(appeal ruling of the Nizhny Novgorod Regional Court dated 05/03/2017 in case No. 33-5253/2017).

In another case, the chairman of the council of MKD filed a negative claim against the management company, in which she demanded to replace the subscriber cards mailboxes, collect a penalty for violating the deadlines for eliminating deficiencies and pay compensation moral damage each of the owners of the apartment complex.

The plaintiff motivated her powers by reference to paragraphs. 5 paragraph 8 art. 161.1 of the Housing Code of the Russian Federation, according to which she has the right to go to court regarding the management of apartment buildings under a power of attorney issued by the owners at the general meeting. The court left the claim without consideration, pointing to improper registration powers of attorney and the plaintiff’s lack of authority to sign and bring a claim in the interests of the owners of the premises.

The appellate court overturned this decision. The OSS approved the MKD council and its chairman, in whose name a power of attorney was issued to represent the interests of the owners in court. From the text of the power of attorney it appears that the chairman is vested with the authority to sign and file claims on behalf of the owners.

Based on the requirements of reasonableness and good faith, decisions of the OSS are made with the aim of further implementation. The legal and documentary form of the decision of the general meeting is the minutes of the meeting, which has legal, in particular, evidentiary value on issues within the competence of such a meeting and related to the management of the MKD.

Thus, the OSS protocol signed by the owners of the premises in the apartment building is the proper evidence of the power of attorney. In addition, the plaintiff, being the owner of one of the premises in the apartment building, had the right to file a claim on her own behalf (appeal ruling of the Judicial Collegium for Civil Cases of the Kemerovo Regional Court No. 33-289/2014 dated 02/11/2014 in case No. 33-289/2014 ).

Stamp on the judicial power of attorney

If the interests of the owners of the premises are represented on behalf of the management company, the HOA by an employee or a third party (lawyer) engaged under a service agreement, then such a power of attorney must be stamped only if it is available.

In order for the judge to accept a power of attorney certified by the signature of the head of the MA without a seal, the representative must submit the charter or its duly certified copy. It is the charter that contains information about the presence or absence of a round seal.

For HOAs, residential complexes/housing cooperatives, the presence of a seal is mandatory (clause 5 of Article 135 of the Housing Code of the Russian Federation), therefore a judicial power of attorney on behalf of the HOA must be certified by the signature of the chairman and seal.

Supervisory authorities, acting in court on behalf and in the interests of the owners of premises, do not need a power of attorney, since they act by force of law. For example, by virtue of Law dated January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation” and Order of the Prosecutor General’s Office of the Russian Federation dated April 26, 2012 No. 181, the prosecutor can file a lawsuit in court to protect the interests of both an indefinite circle of owners and users of premises in an apartment building, as well as and in the interests of one or more owners of the premises when justifying the impossibility of bringing a claim by the owner himself.

Confrontation of the HOA at the turn of the “POWER OF ATTORNEY issued by the chairman of the board to the representative - participant in the legal proceedings”

If you already have to deal with the HOA in court, then you should not miss the opportunity to give the representative of the association a good beating at the beginning of the meeting. You can declare that he should not be allowed to participate in the meeting, but at the same time insist that the meeting take place in the absence of the HOA representative, since the partnership was properly notified of the meeting.

The thing is that the chairman of the board, as a rule, has the right to act without a power of attorney from the HOA, but does not have the right to issue a power of attorney. Why? - Because he is not the head of the organization. According to Part 1 of Art. 147 Housing Code of the Russian Federation "The management of the activities of the homeowners association is carried out by the boardwe have a partnership". According to Part 4 of Art. 147 Residential Complex of the Russian Federation " The board of the homeowners association is executive body partnerships accountable to the general meeting of members of the partnerships A" .

Who is the chairman of the board then? He is the boss of the janitors. According to Part 1 of Art. 149 Housing Complex of the Russian Federation " The chairman of the board of the partnership ensures compliance board decisions, has the right to give instructions and orders to everyone officials partnerships, the execution of which is mandatory for the specified persons." In exhaustive list The rights of the chairman of the board mean a lot of things, but issuing powers of attorney does not. Reading Part 2 of Art. 149 Housing Code of the Russian Federation “The chairman of the board of a homeowners association acts without a power of attorney on behalf of the association, signs payment documents and makes transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership, develops and submits rules for approval to the general meeting of members of the partnership internal regulations partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, regulations on remuneration for their labor, approval of other internal documents partnership provided for by this Code, the charter of the partnership and decisions of the general meeting of members of the partnership." Meanwhile, issuing powers of attorney is a special authority.

Let's get acquainted with Art. 185 of the Civil Code of the Russian Federation. It is simply called “Power of Attorney.” So for our case, we must refer to Part 5 of the above article: “ A power of attorney on behalf of a legal entity is issued signed by him head or other person authorized that's it constituent documents, with the seal of this organization attached"

As you can see, the head of the legal entity has the right to sign. But the chairman of the board is not a leader! This has been found out.

Secondly, a power of attorney has the right to be issued by a person authorized by the constituent documents. For an HOA, this is the Charter. Well, it is very doubtful that the Charter was written by such literate people that they included this authority in the chairman of the board; usually the clause “rights of the chairman of the board” in the Charter is an exact copy of Part 2 of Art. 149 Housing Code of the Russian Federation. Well, for the sake of order, you can open the Charter and look. Once you are convinced that this authority is absent, you can submit a Petition: I ask you not to allow a representative of the HOA to participate under a power of attorney signed by a person who does not have the authority to do so. Well, tell the court what is written above.

What will the court do? Satisfy the petition - well... No way. But such an exchange of views is possible,

Judge (addressing the HOA representative with a prompt): Can you bring the decision of the board on granting the chairman of the board the authority to issue powers of attorney?

HOA representative (grabbed it on the fly): Of course. I ask you to postpone the meeting for one day. I'll tell you.

If things go like this, it means our military stratagem was a success.

As soon as at the new meeting, the representative of the HOA will present the Board’s decision on appointing a chairman HOA necessary authority to issue powers of attorney, we will file a new Petition. Its meaning is as follows. The chairman of the board does not have the authority to sign statements of claim in general, and a statement of claim for debt collection in particular. Article 148 of the RF Housing Code says:

“The responsibilities of the homeowners association board include:

1) compliance by the partnership with the law and the requirements of the charter of the partnership;

2) control over the timely payment by members of the partnership of the established mandatory payments and contributions;

3) drawing up estimates of income and expenses for the corresponding year of the partnership and reports on financial activities, submitting them to the general meeting of members of the partnership for approval;

4) management of an apartment building or concluding contracts for its management;

5) hiring workers to service an apartment building and dismissing them;

6) concluding contracts for the maintenance, operation and repair of common property in an apartment building;

7) maintaining a register of members of the partnership, office work, accounting and financial statements;

8) convening and holding a general meeting of members of the partnership;

9) fulfillment of other duties arising from the charter of the homeowners’ association.”

Control over payments is entrusted to the board. This is his responsibility (point 2). If the board did not discuss the issue of so-and-so’s debt at its meeting HOA member or simply the owner, and has not made a decision on the issue under discussion to go to court; no one has the right to send a statement of claim to the court.

Performing other duties arising from the Charter, for example sending a statement of claim to court - the board also has the right to do this ((clause 9), but not the chairman. The terms of reference of the chairman include supervising the janitors and preparing instructions for internal use.