Notice of change of chairman of the homeowners association sample

The chairman of the housing association leaves his position in the following cases:

The procedure for removing the governing bodies of housing associations and electing new ones is determined by housing legislation and the charter of a particular structure.

REFERENCE!

Early termination of the powers of the head of the housing association is within the exclusive competence of the general meeting of residents-members of the HOA (Part 3, paragraph 2, Article 145 of the Housing Code of the Russian Federation).

Part 3, paragraph 2, Article 145 of the RF Housing Code. General meeting of homeowners association members

The competence of the general meeting of members of the homeowners association includes:

Election of members of the board of the partnership, members of the audit commission (auditor) of the partnership and, in cases provided for by the charter of the partnership, also the chairman of the board of the partnership from among the members of the board of the partnership, early termination of their powers.

An early change of leadership in a housing association occurs in cases where the current chairman:

1. fails to cope with his responsibilities;
2. ignores requests and complaints from apartment owners;
3. cannot solve problems with debtors;
4. noticed in embezzlement;
5. violates the charter and legislation of the Russian Federation;
6. uses entrusted powers for personal purposes.

Since the position of the chairman is elective, he can be re-elected due to loss of trust of homeowners.

How to remove a manager quickly and competently?

There are two main ways to change the management of a housing association:

If the majority of the residents of the building are dissatisfied with the chairman, then an extraordinary meeting can be called to raise the issue of electing a new leader, but it is often difficult to collect an extraordinary meeting due to the low activity of homeowners.

A small initiative group can initiate a change of chairman, without waiting for the next annual meeting of residents-members of the HOA, by contacting the following authorities:

• local housing authority;
• the prosecutor's office;
• tax service;
• judicial authorities.

The housing supervision department is designed to monitor the implementation of housing legislation, and can initiate an inspection check of the management’s actions based on a complaint from apartment owners.

IMPORTANT!

If there have been gross violations of the law or residents have suffered damage from the actions of the HOA management, then you can go to court or the prosecutor’s office with a request to conduct an audit of the activities of the association.

Information about taxes paid can help uncover unregistered contracts with contractors or the chairman's hiring of employees without formalization.

detailed instructions

Once the fact of unlawful behavior of the chairman is revealed, it is necessary to either go to court or independently re-elect him. Let's look at the second situation.

As a first step, residents must extend invitations to a meeting at which evidence of the unlawful actions of the HOA chairman will be presented. It is necessary to notify each of the residents of the house about this in order for more than fifty percent of the residents to gather, only in this case the meeting will be valid.

Next, you must offer residents a choice of secret or open voting so that you can choose a new candidate for the post of chairman. Candidates are selected in advance and residents are introduced to them. Next, voting takes place.

To do this, the appropriate protocol must be completed.

Then all authorities are notified that you have re-elected a new chairman and the new person begins going through the authorities for the purpose of re-registration.

But all the actions we have listed are nothing more than the general procedure for carrying out the re-election procedure. You are probably interested in the nuances so that re-election takes place in accordance with the law. We will introduce you to the main nuances in the next paragraph.

Who can initiate?

The initiators of the removal of the chairman of the homeowners' association are the residents of the apartment building themselves. It is they who, seeing an unfair waste of funds, can begin investigations and checks, after which they can convene a meeting and vote for a new candidate.

Also, the housing inspectorate and tax authorities can become initiators if the chairman does not fulfill his duties to the state and does not provide reporting.

Procedure for transferring cases

When leaving his position, the chairman must leave all documentation for the new leader. It is also important that the new person is brought up to speed.

Reports must be provided on the funds in the accounts, on the funds spent for the year and for what needs, as well as information about what should be repaired or improved in the near future.

On his own, it will be very difficult for the new chairman to delve into these processes, so the old one, despite the fact that he is being removed, is obliged to provide himself with a worthy replacement.

Change of HOA chairman: tax registration

After the chairman is elected by the residents, in addition to the housing inspection, he must appear at the tax authority, where he will re-register the documentation in his name.

This is necessary so that you can easily report to the state every month on the expenditure of funds, describing for what needs. Since the old chairman no longer holds the position, it is necessary to assign it to a new person.

Protocol of re-election

Upon the fact of voting, a protocol of re-election is drawn up. Essentially, this is a document that reflects the date of voting, method of conduct, those present, as well as candidates. The weight of the violation, if any, is recorded in the protocol, and the reason for re-election is also written down.

After the protocol is presented to the residents for review, each of those present must sign, thereby giving their consent to the fact of re-election receiving legal force.

Since the re-election protocol is an official document that will be stored in the HOA, it must be executed on clean white sheets of A4 format.

Dismissal at your own request

The manager of a housing association sometimes wonders how to remove his authority. Let us consider in detail the procedure.

The chairman may resign from office before the period for re-election prescribed by the charter in the following cases:

• retirement;
• when changing jobs;
• when changing place of residence;
• for health.

If the chairman decides to move or take up other activities, he has two ways to resign:

1. convene an extraordinary meeting of residents;
2. notify the tax office of your departure.

It may be difficult to convene at least half of all home owners, so the outgoing chairman can write an order to resign, appointing an acting person and registering the document with the tax authority by filling out form P14001 (registration of changes in information about a legal entity).

REFERENCE!

When filling out form P14001 at the tax office, you must follow the instructions given in Appendix No. 20 to the order of the Federal Tax Service of Russia dated January 25, 2012 No. MMV-7-6/25

The following documents must be submitted to the Federal Tax Service along with a copy of the resignation letter:

• passport;
• constituent documents (charter);
• copy of the successor's passport.

Reasons for changing the chairman of the HOA

The partnership operates on the basis of the main constituent document - the charter. The grounds and description of the procedure for changing the chairman of the organization are enshrined in the organization’s charter.

1. The emergence of personal grounds, voluntary dismissal due to relocation, retirement (Article 80 of the Labor Code of the Russian Federation).
2. End of the period of elective powers.
3. Unfair performance of duties, ignoring requests from residents.
4. Theft or misappropriation of funds.
5. Failure to comply with resolutions of the general meeting of HOA members or the board.
6. Violation of the terms of business management or other provisions of the charter.
7. Liquidation of the organization.

Grounds in the form of dishonest fulfillment of obligations must be supported by documents. Confirmation of facts is carried out using inspection reports of the condition of common areas, local areas, elevators, communications and other housing facilities.

The association is obliged to ensure information accessibility to the financial side of management and the direct activities of the chairman. The activities of the partnership are financed from the proceeds of the owners, which makes it possible to control the targeting of expenses. An audit is initiated to verify the intended use of funds collected from owners.

How to re-elect leadership: step-by-step instructions

So, how to change the chairman of the HOA?

To re-elect governing bodies before the end of their term of office, it is necessary to initiate a general meeting of residents of the house. Organizing and holding a meeting is carried out in the following steps:

1. preparing a successor candidate;
2. carrying out explanatory work;
3. setting a meeting date;
4. notification of residents by the initiative group;
5. holding a general meeting and voting;
6. registration of voting results with the tax service;
7. transfer of affairs to a successor.

A candidate for the leadership of an HOA, which is usually one of the members of the initiative group advocating a change in the chairman, needs to enlist the support of the residents who own the apartments in the building.

To achieve this, the initiative group carries out explanatory work, going door-to-door and explaining to residents the need to change the management of the housing association, citing evidence of its incompetence and giving examples of evidence. Evidence may include copies of accounting statements or other documents indicating embezzlement.

IMPORTANT!

Residents must be notified of a meeting to change the management of the partnership no later than ten days before the appointed date (clause 1 of Article 146 of the Housing Code of the Russian Federation).

Clause 1 Article 146. Procedure for organizing and holding a general meeting of members of the homeowners association

Notification of a general meeting of members of a homeowners' association is sent in writing by the person on whose initiative the general meeting is convened, and is given to each member of the partnership against signature or by mail (registered mail) or in another way provided for by the decision of the general meeting of members of the partnership or the charter of the partnership . The notice is sent no later than ten days before the date of the general meeting.

The notification must indicate the issues on the agenda: termination of the powers of the chairman of the partnership and election of a new one.

In order for re-election to be legal, at least half of all apartment owners in the building must be present at the meeting.

To resolve the issue of re-election, a simple (50%) majority of votes of the attending members of the HOA is sufficient (clause 3 of Article 146 of the Housing Code of the Russian Federation).

• copy of the passport;
• protocol with voting results;
• charter;
• receipt of payment of state duty;
• completed form R 14001 – about changing the data of a legal entity.

Changes are registered within five working days. The state duty is 800 rubles, according to Part 3, Clause 1, Article 333.33 of the Tax Code of the Russian Federation.

After registering the changes, the new chairman must accept the accounting department, existing agreements with contractors and begin his duties.

How to re-elect the chairman of the HOA?

The work of the chairman of the HOA does not always suit the owners of an apartment building.

If the chairman is arbitrary, does not cope well with the responsibilities assigned to him, does not report to people at the meeting about where the money is going, then it is worth raising the question of re-electing the chairman of the HOA.

How to change the manager of a house in 2020, is it possible to elect a new chairman if the old one does not want to leave his position?

Grounds for re-election of the chairman of the HOA

The reasons for changing the management of an apartment building may be different:

• expiration of the contract (according to paragraph 2 of Article 147 of the Housing Code of the Russian Federation, the management of the partnership is elected for a period of 2 years according to the charter);
• resignation from a position;
• reluctance of apartment owners to see the current manager as chairman. But this requires reasons. So, if the chairman violates housing legislation, steals residents’ money, and spends it for other purposes, then he can be removed from his position.

What to do to change the chairman of the HOA?

Many residents do not know what needs to be done first to change management, how to re-elect the chairman of the HOA so that it is legal? If the residents of the house themselves want to remove the manager from his position, then they must call a general meeting.

It can be initiated by:

• any member of the board - if he discovered errors or gross violations of the law in the work of the manager;
• the chairman himself - if he himself wants to leave his position;
• housing inspection/prosecutor's office - if significant violations were discovered in the work of the building manager.

The re-election of a new chairman can be initiated at any stage of his activities, no matter how long ago he became the head of the HOA.

After the residents of the house decide to choose a new leader, it will be necessary to go through the procedure for changing the chairman of the HOA:

1. Members of the partnership must carefully prepare for the upcoming general meeting: notify all residents about when and where the meeting will be held. The secretary must be prepared to take minutes of the event. Before initiating the procedure for holding a meeting, it is necessary to decide on a candidate for the upcoming position of head of the HOA. The applicant should prepare a welcoming speech and introduce the residents of the house to his candidacy.
2. Hold a meeting of residents of an apartment building, where the issue of re-electing the chairman of the HOA should be on the agenda. A meeting of building residents can be either in person or in absentia. In the first case, residents of the house gather in a designated place and vote by raising their hands. If the sum of all owners is over 50%, then a decision is made to change the management of the HOA. During an in-person meeting, first all residents present must register, then the chairman and secretary of the meeting are selected, after which all the items listed on the agenda are considered, and then the residents begin to vote. Immediately after the meeting, its results are announced, after which the results are recorded in the minutes of the meeting. If the voting is carried out in absentia, then the initiators send each owner a ballot in the mailbox; after filling it out, the owners must put it in the mailbox of the secretary of the board. Next, the HOA commission calculates the results of the event, makes a protocol and notifies all owners about the results of the event.

Features of holding a meeting to re-elect the chairman of the HOA

After convening the general meeting of owners, it is important to follow clear step-by-step instructions so that the procedure for re-electing a new chairman takes place correctly and legally:

Step 1: Call a meeting

A proposal to convene the owners of an apartment building is made in writing, preferably against signature.

Step 2. Listen to arguments for the re-election of the chairman

It is important to convey to people why the head of the HOA needs to be re-elected and on what basis the replacement is made . You also need to hear the arguments of the current chairman and members of the partnership.

Step 3. Voting

After everyone has expressed their positions, the time will come for the debate. All owners of the HOA take part in it, but with the exception of the chairman.

If a majority of people vote in favor of a change in leadership, then the secretary will draw up minutes of the board meeting on the spot.

The current chairman must familiarize himself with the contents of the document against signature and agree to the requirements of the partnership.

Step 4. Transfer of responsibilities to the new chairman

After completing the protocol, the secretary prepares an order for the appointment of a new chairman of the HOA . At this stage, the former leader must transfer all his affairs to the new chairman.

All documentation, financial statements, instructions, keys - all this must be handed over.

Step 5. Submitting documents to the tax service

To make changes about a legal entity (change of management), the newly elected chairman must register with the tax authorities and fill out form No. р14001. Few people know what sheets to fill out.

So, to change the chairman of the board, you need to fill out page 1, sheet K and sheet R. More accurate information on correctly filling out the form can be found in the tax service.

Required documents

What documents are needed to legally elect a new HOA chairman? When the position of chairman is selected, you will need to prepare the following package of documents:

• minutes of the general meeting;
• civil passport of the HOA chairman;
• order on the appointment of a new chairman and his assumption of office;
• HOA charter;
• extract from the Unified State Register of Legal Entities (issued by the tax office);
• employment contract;
• statement of the chairman to take office;
• Application on Form 14001 for filing with the Internal Revenue Service.

When the current chairman transfers his authority to the newly elected head of the HOA, he is obliged to hand over all documents for which he is responsible. When transferring documents, a special commission must be assembled, which must include residents of the house and members of the partnership society.

In the presence of the commission, all documents are transferred to the new chairman, after which the transfer process is confirmed by the signing of the transfer act.

The transfer and acceptance certificate must reflect basic information about the activities of the HOA:

• number of HOA members;
• number of HOA employees;
• previously carried out work (scheduled, unscheduled), planned activities;
• a list of inventory owned by the HOA;
• estimates;
• cash register, tax reports, financial documents;
• contracts with service organizations, etc.

The prepared package of documents must be submitted to a notary for their certification. After this, the documents must be submitted to the tax office within 3 days after the meeting. It is not recommended to submit documents later than this period, since the newly appointed head of the HOA may face penalties.

After completing the documents and submitting them to the appropriate authorities, the newly elected chairman receives an extract from the Unified State Register of Legal Entities and takes office.

Can the HOA board re-elect the chairman?

The board of an association, which includes proactive residents of an apartment building, cannot independently re-elect a chairman. Convening a general meeting of home owners is a mandatory event. Members of the HOA board can only initiate a meeting, but they do not have the right to change the chairman.

How to change the chairman of the HOA if he does not leave?

There are cases when the chairman of the HOA does not cope with his assigned responsibilities, steals money, does not listen to people’s opinions regarding the improvement of the house, but does as he wants, etc. In this case, the residents of the house can organize an extraordinary meeting and re-elect a new chairman.

But what to do if the current manager did not show up for the meeting and does not want to leave his position or transfer affairs to another person? In this case, the solution is simple: members of the initiative group of the house can submit a written complaint to the local housing supervision authority, the prosecutor's office, the tax service or the court.

In a written appeal, they must give arguments why they want to re-elect the chairman, on what basis (what he violated, what his actions are illegal, etc.). The housing supervision department must conduct an inspection of compliance with housing legislation.

And if during the inspection, cases of gross violation of norms and rules are actually found, then the current chairman will be obliged to resign and transfer all matters to the new head of the HOA.

Is it possible to change the chairman if he fails to cope with his duties?

Yes, it is possible to change the management of an HOA by force . But to do this, the initiative group must provide evidence to the prosecutor's office or housing control body that the chairman knew about the problems at home, but did nothing to correct them. This may be a written refusal of the chairman to accept a complaint from a resident of the house, testimony of witnesses, etc.

How many people do you need to collect to elect a new HOA chairman?

According to paragraph 3 of Art. 146 of the Housing Code of the Russian Federation, a meeting of members of an association of owners will be considered valid if it is attended by members of the association who have more than 50% of the total number of all members of the HOA.

The re-election of the chairman of the HOA can be initiated either by the board of the association, the residents themselves by convening a general meeting, or by the chairman himself.

The re-election procedure takes place in several stages: first, a meeting of residents is convened, then an election is held, a protocol is signed, an order for the appointment of a new manager, and an acceptance certificate.

The final stage is the submission by the new chairman of documents for re-registration to the tax office, which will result in the issuance of an extract from the Unified State Register of Legal Entities. After this, the newly elected head of the HOA legally takes office.

Source: https://expert-home.net/pereizbranie-predsedatelya-tszh/

Description of the minutes of the meeting

The protocol is the official document that serves as the basis for registering a new chairman and must be drawn up on separate A4 sheets according to certain rules.

The top of the first sheet should indicate the name of the HOA and the date of the meeting. The following is a list of items on the agenda.

IMPORTANT!

The list of issues included in the agenda cannot be changed after public notification of the upcoming meeting of residents-members of the housing association (clause 2 of Article 146 of the Housing Code of the Russian Federation).

Clause 2 Article 146 of the RF Housing Code. The procedure for organizing and holding a general meeting of members of the homeowners association

The notice of a general meeting of members of a homeowners' association shall indicate information about the person on whose initiative the general meeting is convened, the place and time of the meeting, and the agenda of the general meeting. The general meeting of members of the homeowners association does not have the right to bring up for discussion issues that were not included in the agenda.

Opposite each question there should be three columns: for, against and abstained. In each column, the secretary of the meeting records the number of votes cast on this issue.

At the end of the minutes there must be a signature of the secretary and the chairman of the meeting; if the chairman being removed is absent, then the signature is affixed by his deputy or one of the members of the board.

Order to take office

After the elections, the introduction of the new head and re-registration in the housing and tax inspectorates, it is necessary to draw up a paper on the basis of which the chairman will conduct his activities. This document is called an order to take office.

It is drawn up in the prescribed form. you can follow the link. The document must indicate the passport details of the new manager and information about the partnership. When the order is signed by the chairman himself and the other members of the partnership, the tax and housing inspectors, the document comes into force.

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Based on the order, the secretary of the partnership draws up a protocol. It indicates which authorities gave their consent to the change of manager. A sample document can be downloaded from the official website of the housing inspection gzhi.mosreg.ru.

The order and protocol are printed on blank A4 sheets; they must indicate the salary of the chairman. The papers must be kept in the HOA office at all times. Each owner can request them if necessary.

Pitfalls and nuances

When filing a complaint against the management of the association with the prosecutor's office or housing control authorities, it is important to provide written evidence of the chairman's awareness of the problems in the HOA.

These include documents such as:

1. written refusal to accept a complaint from a member of the HOA;
2. testimony of witnesses about the fact of information.

Otherwise, the chairman may declare to the prosecutor’s office or housing inspectorate officers conducting an inspection based on the residents’ complaint that he was not at all aware of the problems identified by the residents.

If there are no grounds for the authorities to remove the chairman without holding a vote, members of the initiative group need to be prepared for the fact that the disgraced leadership will conduct a campaign in their favor, so they need to gain control over the information field and conduct competent campaigning.

ATTENTION!

Any actions of the chairman after signing the protocol on re-election are illegal even before the changes are registered with the tax service.

So, you can change the chairman of a housing association either by direct re-election at a meeting of owners of apartments in the building, or by contacting the supervisory authorities or the prosecutor's office if cases of violations of the law have been discovered in the management of the housing structure.

Form No. P14001 is an application to enter changed information about a legal entity into the Unified State Register of Legal Entities. This application is filled out only in relation to information that does not change the content of the organization’s Charter. In this article we will look at how to fill out form P14001 when changing the director and provide a sample of it.

Application form No. Р14001

Application form P14001 was accepted by order of the Federal Tax Service of the Russian Federation dated January 25, 2012 No. ММВ-7-6/25. The form is quite voluminous - in addition to the title page, it includes 50 pages, but only those that reflect the changed information should be filled out.

In what cases is Form P14001 submitted:

• change of director,
• change of address, provided that it is not changed in the company's Articles of Association,
• change of participation shares in the organization - withdrawal of a participant, sale or donation of a share, redistribution of shares between participants, etc.,
• entry of branches and representative offices specified in the Charter, but not included in the Unified State Register of Legal Entities,
• changing the OKVED code of the company, if they relate to the types of activities listed in its Charter.

Form P14001 is submitted not only in connection with changes, but also in order to correct errors found in a previously submitted application that distorted information in the Unified State Register of Legal Entities.

Procedure and form for changing the director

The director is the sole executive body acting on behalf and in the interests of the organization. The procedure for changing a director includes:

• holding a general meeting of participants with the preparation of a protocol on the change of director;
• dismissal of the director and then hiring of a new director;
• preparation of an application for a change of director (form 14001) - filling out and notarization;
• submitting an application form 14001 to the Federal Tax Service, within three days from the date of the decision, to make changes to the Unified State Register of Legal Entities. In this case, the inspection may, in addition to the form for changing the general director, request a decision of the general meeting on changing the director, an order on the appointment of a new director, etc.

Changes to the Unified State Register of Legal Entities are made within 5 working days after receipt of tax documents.

Change of director: form 14001 - which sheets should I fill out?

When submitting information for inclusion in the Unified State Register of Legal Entities, it is mandatory to fill out the title page of the application in form P14001 (change of director). What sheets should I fill out next?

Form 14001 is not submitted in full, but only in the part that reflects information about the manager. This is Sheet K, consisting of two pages, and including information about an individual who can act on behalf of the company without a power of attorney. The details of both the old and new director are indicated here.

In addition, you need to fill out a four-page Sheet P “Information about the applicant.”

All completed pages are numbered consecutively; there is no need to submit blank sheets.

Certification of the chairman's signature by a notary

Before contacting the Federal Tax Service with documents on changing the chairman, you will need to obtain from a notary a certificate of the applicant’s signature.

• Constituent forms - Charter, sheet of extract from the Unified State Register of Legal Entities.
• TIN certificate of tax registration.
• Minutes of the meeting of HOA members or the board of the association.

Individual notary officials independently obtain information from the electronic register of the Federal Tax Service.

An example of registering new data with the Federal Tax Service. After the change of chairman of the HOA, the new head submitted an application to the registration authority in form P14001. The applicant's signature was not certified by a notary. The registration authority did not accept the application drawn up in violation. Unlike the P11001 form, when submitting the P14001 application, the signature is certified by a notary regardless of the person presenting the documents.

Who fills out Form 14001 when there is a change of director?

This question may naturally arise when filling out an application. Indeed, at the time of its submission to the Federal Tax Service, the powers of the previous director have already been terminated, and the new director has not yet been entered into the Unified State Register of Legal Entities, then who signs Form 14001 when changing the director?

In this situation, it must be taken into account that as soon as the general meeting decided to replace the director, his powers are terminated (this is determined by the Supreme Arbitration Court of the Russian Federation dated September 23, 2013 No. VAS-12966/13). Therefore, he no longer has the right to fill out and sign an application for a change of director, but the new director of the organization must do this.

Common mistakes in registering a change of HOA chairman

Error No. 1. The main document confirming the re-election of the chairman by the general meeting is the protocol. The opinion about the optional inclusion of part of the data in the information, the possibility of non-compliance with the conditions of quorum, signatures, and other important points is erroneous. A protocol drawn up with violations is disputed, and the decision to change the manager may be declared unauthorized.

Error No. 2. The chairman of the HOA is elected from adult citizens, members of the partnership. The position of granting powers to any person is considered an error. A person who is a member of the audit committee cannot be proposed as a chairman by a party to a contractual relationship or management agreement.

How to fill out P14001 when changing director

The requirements for filling out an application in form P14001 when changing the director (see sample below) are contained in Section VII of Appendix No. 20 to Order No. MMV-7-6/25 of the Federal Tax Service of the Russian Federation dated January 25, 2012.

The application can be filled out manually or using a computer program. When filling out by hand, black ink and capital letters are used.

Text fields are filled from left to right; words that do not fit on the line are moved to the next line without specifying a hyphen.

All pages must be numbered in a specially designated field, in the format “001”, “002”, etc.

It is not allowed to print the application on both sides of one sheet.

Title page

Section 1 of the title is filled out according to information about the organization available in the Unified State Register of Legal Entities.

In section 2, it is necessary to note the reason for submitting application P14001 for a change of director:

“1” – due to a change in information about the legal entity.

Sheet K of form 14: change of director

For each of the directors - old and new, you need to fill out a separate Sheet K.

For the old manager:

• in section 1 we indicate the reason: “2” - termination of authority;
• in section 2 we enter information about him, which is indicated in the Unified State Register of Legal Entities (full name, tax identification number);
• Section 3 is not completed.

For the new director:

• section 1: reason code “1” - assignment of authority;
• section 2 remains blank;
• in section 3 we enter all the information about the new director that is required (full name, date and place of birth, passport details, residential address, telephone).

Sheet R – information about the applicant

Section 1 of Sheet P indicates the code of the person who is the applicant. In the example of filling out form P14001 when changing the director, this person is the new head of the organization. Therefore, the value “01” should be indicated - the head of the permanent executive body.

Section 2 includes information about the organization: OGRN, TIN and full name.

Next, you should fill out section 4 of Sheet P - applicant’s data. Sample filling P14001 when changing the director contains the data of the new director of the company, essentially repeating the information included in section 3 of Sheet K.

In section 5 of Sheet P, the new director must confirm the accuracy of the changes being made and their compliance with current legislation. You should also select and indicate how the organization will receive documents confirming changes to the Unified State Register of Legal Entities:

• 1 – by the applicant personally,
• 2 – by the applicant or other person by proxy,
• 3 – by mail.

At the bottom, the new director puts his signature, the authenticity of which is certified by a notary in section 6 of Sheet R.

This is when everything is perfect, you don’t pay attention to the fact that your building has the cleanest entrances and elevators. When the situation is completely opposite and it is difficult to remember when your house was in good condition

– the owners begin to become interested in what the money they receive each month is actually spent on, and most importantly, who is responsible for its distribution.

In our country today, this form of home maintenance is popular.

This structure is headed by the chairman, and he is the main person

, which decides what funds to spend and, most importantly, on what.

It may or may not be effective.

But as has become the norm in Russia today, there are very few effective heads of organizations, although in recent years the situation has improved.

If the owners are not satisfied with the way their home is managed, and they also do not see exactly how the manager works, then it is clear that they should not tolerate such behavior

.

The law allows for a change of chairman, but this is not so difficult to implement.

Are you interested in this information? Then we will tell you in more detail about all the nuances.

Re-election of the chairman of the HOA.

It would seem that such a society should be primarily interested

in order to improve the territory and the building. But it is not always the case.

The partnership is non-profit

organization, although it is directly related to the residents’ funds and their turnover, because only funds donated by the owners for utilities are produced.

There are three so-called authorities in the partnership. First

of which this is . It consists of active residents of the house who make decisions regarding home improvement.

Grounds and reasons

How to re-elect and what should be the grounds? There are many reasons for a leader to be re-elected. All of them often happen in practice and require more detailed consideration.

So, let's introduce you to a number of popular reasons

and perhaps among them you will find one that applies specifically to your situation:

1. The first reason is mistrust
   . Distrust can manifest itself in the fact that you cannot understand where money from the budget is spent, you do not trust that it is spent for its intended purpose, moreover, you have indirect evidence of this.
2. The second reason, which smoothly follows from the first, is inefficiency
   . That is, the work of this official is not satisfactory and leaves more questions than answers.
3. The third reason is a violation of the charter
   . Not all residents are familiar with, but are still able to detect gross violations. If such a violation occurs, the manager may be re-elected.
4. The meeting of owners is the highest authority in the partnership and all final decisions are made by it. If the chairman did not listen to the meeting
   , moreover, disobeyed it in some way, then it makes sense to say that the leader should be replaced.

Thus, it has been established that a change of head can occur by decision of a majority vote

meetings of apartment building owners.

This is provided for in Article 141 of the Housing Code. This means that such an action is feasible.

Also, do not forget about such a local normative act as the charter. It is he who regulates exactly how and for what offenses a manager can lose his place in the partnership

.

Therefore, before you officially remove yourself from your position, be sure to familiarize yourself with the law.

Housing Code of the Russian Federation Article 141. Liquidation of a homeowners’ association

1. Liquidation of a homeowners' association is carried out on the basis and in the manner established by civil law.
2. The general meeting of owners of premises in an apartment building is obliged to make a decision on the liquidation of the homeowners association if the members of the partnership do not have more than fifty percent of the votes of the total number of votes of the owners of premises in the apartment building.

Grounds for re-election of the chairman of the HOA

When considering the question of how to re-elect the chairman of the HOA, you need to know on what grounds the chairman can be removed from office. First we need to figure out who he is - the chairman of the HOA? And what, in general, is an HOA?

HOA. Full name: Homeowners Association. This is a body that works for the benefit of residents of high-rise buildings and functions mainly at their expense. Initially, the money comes from the participants themselves, members of this partnership, and at the same time they are residents of this house. Thanks to these people, the activities of the HOA begin. There may also be various subsidies allocated from the state budget, if provided for by law.

With such a body it is possible to convene various kinds of meetings and meetings of residents. The most active participants form the board of the HOA. For example, if someone wanted to improve the courtyard area in front of an apartment building (plant flowers, make a spacious parking lot, organize a mini-garden under the windows, etc.), the HOA can call people together. And by voting, a decision will be made whether there is an opportunity and need for this idea or not.

Who is the chairman of the HOA? This is a person who is elected for a term of 2 years. He heads the HOA and performs a number of tasks: control, direct, sign contracts, represent the interests of residents in various government agencies, monitor residents’ compliance with their obligations, etc.

All work of this person must be strictly based on the law and the HOA Charter. He is obliged to report to residents about the work done for a certain period of time and much more. But often he does not do this and a logical question arises: how to remove the chairman of the HOA quickly and competently?

And now we can turn to the law of the Russian Federation. There is such a document as the Housing Code of the Russian Federation (LC RF) dated No. 188-FZ and there, in section 6, it is stated what responsibilities the members of the Partnership have, including the chairman.

And, if the chairman constantly evades these responsibilities placed on his shoulders by law, then we can safely appoint a more responsible person to this position. There is a list of those responsibilities that the Chairman of the Partnership can evade, as a result of which this will become the basis for his dismissal.

In addition to the fact that re-election of a new HOA chairman may be scheduled for the following reasons:

• departure of the chairman for a well-deserved rest (retirement);
• decided to quit due to health reasons, etc.;
• does not pay attention to complaints or any important information received from residents of an apartment building;
• “caught” for bribery, extortion, fraud, misappropriation of common property;
• a violation of the Law of the Russian Federation was recorded in the areas of administrative, criminal, tax and housing law.

In such cases, if there was one of these violations, the question “How to remove the chairman of the HOA?” can be solved quite easily, unless there are any points in the HOA Charter that could interfere with the replacement.

The main thing is to know how to re-elect and what the sequence of actions should be. And of course, if absolutely all residents of a multi-storey building want this and are ready to fight to protect their right to decent living conditions, then the likelihood of appointing a new chairman who will suit everyone increases significantly.

Tax registration

Filling out form p14001

helps inform the tax authorities about changes that have occurred in a legal entity.

Since there was a partnership represented by a specific person, with his departure it makes sense to enter this form with information about the new re-elected chairman, who will henceforth report on his actions to the tax office.

To register a change of manager

you just need to draw up an application for shifts according to the established template, fill out form 140001 and provide a copy of the protocol and take the package of documents to the tax office.

Refuse

The head of the HOA may be registered with the tax authorities due to the fact that this person has not provided all the necessary documents or there is a flaw in the drawn up application and protocol. This situation needs to be corrected as soon as possible.

Now you know that if your manager behaves unprofessionally, you can always change him or at least hint that it will not be difficult for you. Believe me, the performance of this official will immediately increase

, but if not, you always know what to do.

This is where our advice and practical instructions end, and don’t be afraid to defend your rights as the owner of real estate, because the improvement and condition of the building where you live is only in your hands.

Do everything to ensure that you enjoy living in your own home.

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You can learn how to re-elect the HOA board headed by the chairman from the video:

If you find an error, please select a piece of text and press Ctrl+Enter

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Form P14001 is an application that must be submitted to the Federal Tax Service in the event of a change in information about the executive body (director) contained in the Unified State Register of Legal Entities (USRLE). In the material on the site, we will analyze the main nuances of registration that you should pay attention to when filling out all the necessary documents, and we will give an example of filling out form P14001 when changing the director.

If the owners or shareholders of an organization decide to change the director, they cannot simply issue an order to dismiss the old director or hire a new one. After all, information about the executive bodies of legal entities is subject to mandatory state registration. From the provisions of subparagraph “l” of paragraph 1 and paragraph 5 of Article 5 of the Federal Law of 08.08.2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs” it follows that in the event of a change in the executive body of a legal entity, it is necessary to notify the Federal Tax Service in order to make necessary changes in the Unified State Register of Legal Entities. This must be done no later than three days after the relevant changes approved by the owners or shareholders. The notification procedure in this case does not change in any way depending on the form and type of organization. It is the same for both limited liability companies and other business entities and organizations.

In order to provide the specified information, you need to submit an application for a change of general director to the tax office using form No. P14001 (approved by Order of the Federal Tax Service of Russia dated January 25, 2012 No. ММВ-7-6/). You can download form P14001 and a sample for filling out 2020 when changing the director of a company at the end of the article.

Procedure for transferring cases

After the meeting has been held, people have voted for a particular candidate, the main moment comes - the new chairman takes on the responsibilities and obligations of the previous one. And the dismissed person resigns his powers and loses his former status as chairman - now he is an ordinary citizen and, if he begins to perform any actions that, so to speak, are the duties of the chairman, they no longer have any legal basis. Those. these actions will be considered illegal.

When changing the chairman of an HOA, there is a certain procedure, a procedure for transferring affairs to a new person. In order to finally establish himself in such a position, the newly appointed chairman is required to carry out a number of steps step by step.

First of all, the dismissed chairman transfers to the new one everything necessary to ensure normal operation:

• work-related documents;
• instructions;
• keys to premises, safe;
• recent reports and estimates;
• various kinds of plans, etc.

No matter how good and respectable the new chairman may be, he still does not know what and how to do. He needs to be brought up to date, which is what the removed chairman should do. Therefore, it takes some time to adapt to a new position, to become familiar with all the nuances of working as the chairman of an HOA. Usually this period is up to two weeks. After this, the new chairman acts independently.

Change of HOA chairman: tax registration

Now the new chairman must perform a certain sequence of actions. You need to go to the Federal Tax Service Inspectorate - you need to register the voting results.

In addition, you need to bring a number of documents to this government body, along with the results:

• copy of the passport;
• HOA Charter;
• election protocol;
• receipt of payment of state duty;
• statement.

A sample application can be found on the Internet. All these documents must be verified, which takes a maximum of 7 days. If there are no violations, the filling was completed correctly, then the chairman receives the accounting department. The re-elected chairman becomes a registered official who can begin to fully perform his official duties.

If there are any violations in the documents, you will receive a refusal, which will indicate the errors present in the documents. This is not scary and does not mean that no more documents will be accepted. You just need to correct the existing errors and re-submit the documents to the specified inspection for re-registration.

Protocol of re-election

As stated above, when electing a new chairman of the Partnership, a special protocol must be drawn up.

This is an official document and all signatures left by those who voted and signed on it have legal force.

The protocol must take into account all the necessary details, such as:

• Date of preparation.
• Document type.
• Who is present at the meeting.
• Place of compilation.
• Signature.
• Who is the secretary, etc.

It should also indicate the reasons why the meeting is being held and all applicants for the position of chairman should be presented.

Protocol and order on taking office

The candidate for the post of chairman won the vote, registered, and now his activities must be consolidated by a new document - an order. Its preparation is a prerequisite in order to finally legitimize the activities of the new chairman.

As with the protocol, the order is drawn up taking into account all the necessary details that are on the standard form of the order to assume the position. It includes information about the new chairman - information from his passport is copied, as well as everything related to the Partnership itself .

Then this order is signed:

• HOA secretary;
• governing body;
• new chairman.

The order must be kept in a safe place, because the chairman is responsible for this document.

An example of filling out form P14001 when changing the director

The re-election of the general director is formalized by a decision of the general meeting of participants of the business community, the board of directors or the decision of the sole founder.

Before submitting an application to the Federal Tax Service for a change of director (form P14001), it is necessary to draw up minutes of the meeting of owners or shareholders, which will record the decision to change the executive body of the legal entity. Without such a protocol, the tax inspectorate may not accept the completed application, although the requirement for its mandatory submission is not enshrined in law. In addition, it is necessary to have a candidate for a new manager, because without him the Federal Tax Service will not register the change in the Unified State Register of Legal Entities; according to the law, this position cannot be vacant. As long as information about a person is contained in the Unified State Register of Legal Entities, he is legally the executive body of the company with all the ensuing consequences, rights and obligations.

• protocol with the decision to change the current manager;
• passport details of the new director;
• TIN of the new manager (if available);
• TIN of the old manager (if available).

Filling out the form itself also has a number of nuances that must be taken into account:

• the application form can be completed by the applicant either using software or manually;
• When filling out characters on a computer, printing must be done in capital letters in Courier New font, 18 points high;
• each indicator in the form corresponds to one field, consisting of a certain number of familiarities;
• there should be no corrections or additions (additions) in the document;
• blank sheets, as well as completely blank pages of multi-page sheets of a document, do not need to be included in the application submitted to the registration authority. The entire form contains 51 pages; when replacing a director, you only need to enter information on eight of them;
• when changing the director, not all sheets provided for in Form 14001 must be included and filled out in the application, but only the title sheet (page 001), K, R;
• the page numbering in the “Page” field located at the top of the application must be continuous;
• sample application 14001 when changing the director must be signed by an authorized person (applicant).

What is needed for displacement

The first thing you need to do to transfer authority to another person is to first discuss the work of the person in charge and determine the feasibility of changing management. At this stage, the initiative group or one of the residents is active. If the initiative is supported by others, they begin to prepare for holding a general meeting and collecting documentation incriminating violations on the part of an official of the partnership.

In addition to the tenants themselves, the violator is also removed at the initiative of the housing inspectorate or tax authorities.

Sometimes it is necessary to organize the work of a commission to study the actions of the chairman and collect evidence of inappropriate behavior. The commission has the right to inspect the condition of the entrusted common property.

If in ordinary life decisions are entrusted to managers, then within the framework of an HOA, meetings of owners have legal force. The preparatory stage with the collection of evidence ends with the transition to the active phase of action. The initiative group notifies others about the planned meeting and agenda.

To make a shift, it is necessary to hear both sides and evaluate the objectivity of opinions. The chairman has the right to prepare and speak with reasons for his innocence.

If a preliminary inspection is required, a specially selected audit commission requests any documentation, and the head of the board has no right to interfere with the inspection.

To the question of whether the board can re-elect the chairman of the HOA, the answer should be sought in the Housing Code. Part 3 of Art. 147 establishes the right to select a new candidate by voting by members of the board, but only if another option is not provided for by the Charter. Thus, the form of re-election is determined by the main document of the partnership - the HOA.

If the Charter provides for voting at a general meeting of participants, a quorum must be collected - at least half of the owners. The decision to change is made if half of those present express such an opinion. The voting results are documented through the minutes of the general meeting.

Voting can be open or secret, at the discretion of the voting participants themselves. The form of conduct is chosen by the owners - in-person or absentee voting. If it is not possible to gather all the owners, a door-to-door tour is planned.

Along with the removal, the re-election of a new head of the HOA is initiated. If the voting results indicate that less than half of the participants do not trust the current head, the authorized person retains his status.

For employment and dismissal, you will need a work book and an order; when replacing a chapter, the main document is the executed minutes of the general meeting.

Next, with the completed documents, when changing the chairman of the HOA, you will have to re-register with the housing inspection, and also transfer the necessary information about the new head to the Federal Tax Service inspection at the place of registration of the HOA.

Download the Application for amendments to information about a legal entity contained in the Unified State Register of Legal Entities: form P14001 (755.0 KiB, 552 hits)

Sample of filling out an application for amendments to information about a legal entity contained in the Unified State Register of Legal Entities: form P14001 (when changing the chairman of the HOA) (506.5 KiB, 683 hits)

The basis for accepting a new person will be an order issued by the partnership. The administrative document contains information about the name, passport number, and contact information of the new chairman. If the initiative comes from supervisory authorities, the document must be signed by representatives of the Housing Committee or the Federal Tax Service inspectorate

How to draw up minutes of the board meeting on the re-election of the chairman of the HOA

Particular attention is paid to proper documentation. And first of all, the protocol. The document is drawn up on A4 sheets in any form (by hand or by printing on a computer).

The structure of the protocol does not differ from the standard one, but has its own nuances:

1. The contents of the document include an indication of the reasons for which the decision to change the manager was made.
2. It indicates the method of organizing voting.
3. Include information about voters and candidates for the position of head.
4. The results and the decision made are indicated along with the date of the event.

For the protocol to be valid, it must be signed by everyone present.

Download the Sample. Minutes of the board meeting on the re-election of the chairman of the HOA (21.7 KiB, 670 hits)

Change of director in an LLC: step-by-step instructions 2020 and sample form 14001

Step 1. Design of the title page (page 001)

Section 1 - “Information about a legal entity contained in the Unified State Register of Legal Entities” - is filled out in accordance with information from the register before changes are made. Here you should indicate the full name of the company, OGRN and TIN.

In section 2 - “Application submitted” - in the field consisting of one acquaintance, you need to enter the corresponding digital value. Since a change of director is always a change in information about a legal entity in the Unified State Register of Legal Entities, this field will always contain the code “1”.

Step 2. Design of sheet K (page 002)

Sheet K “Information about an individual who has the right to act on behalf of a legal entity without a power of attorney.” For each such individual, you must fill out a separate sheet K in one application form. Therefore, when filling out an application, separate sheets K must be filled out for the former and new managers.

In section 1 - “Reason for entering information” - in a field consisting of one acquaintance, you must indicate the corresponding digital value. For the new manager, code “1” is used, which indicates the assignment of authority.

In section 1 of the table on sheet K for the new director, enter the value 1 and fill in his personal data.

On page 2 of sheet K we indicate the full address of the place of residence.

The applicant will be the new manager; we indicate his details on sheet R.