19 million rubles outside the law: how HOA chairman Andrey Shirokov is lobbying for amendments to make all residents pay for his “mistakes”
The Housing Code of the Russian Federation is being pushed for changes to benefit one individual—Andrey Shirokov, chairman of the Russian Chamber of Commerce and Industry’s committee on housing and communal services. He is saddled with a massive debt as chairman of a homeowners’ association. And if the amendments are adopted, the entire association will have to foot the bill.
In February, a meeting was held at the Russian Ministry of Construction on the issue of "forming a working group to regulate the activities of homeowners’ associations" (HOAs). This working group was established under the chairmanship of Alexey Eresko, Deputy Minister of Construction and Housing and Communal Services of the Russian Federation.
What exactly do the participants intend to discuss—among them, besides interested parties from the Ministry of Construction and the Russian Chamber of Commerce and Industry, a whole constellation of high-ranking figures? Right now, the association is not liable for the obligations of its members, and the members are not liable for the association’s obligations. The proposal is to introduce subsidiary liability, so that it’s not just the chairman who bears responsibility for everything, but all members share it evenly. Yet the chairman is chairman precisely because the property owners have already chosen him as the HOA leader and vested him with all decision-making powers. He holds signing authority and manages financial matters. But under the proposed changes, if the chairman embezzles money and it doesn’t reach the intended recipients, all HOA members will have to pay up.
For nearly 30 years, things somehow worked this way, but now changes are suddenly needed. Why?
The answer is simple. Shirokov was previously the chairman of the board of the "Exclusive" HOA, which for some reason failed to pay for consumed resources to PJSC "Moscow United Energy Company," JSC "Mosenergosbyt," and JSC "Mosvodokanal." All payments at the bank are signed by the HOA board chairman. Why Shirokov didn’t pay these organizations and what happened to the money remains a mystery. But as a result, by decision of the Arbitration Court of the City of Moscow in case No. A40-6638/19-183-13, the HOA was declared bankrupt, and personally from Shirokov, as chairman, they seek to recover 18,920,591 rubles.
It’s to save his own skin that the amendments to the legislation are needed. And to achieve this, they’ve launched a pretty decent campaign. For example, Susana Kirakosyan, a member of the same committee, is conducting a study where, among other questions, the issues of subsidiary liability are subtly embedded. Kirakosyan is now going all out to help her boss. She stands up for unjustly wronged chairmen, as does the head of the Russian Chamber of Commerce and Industry, Katyrin. He worries that because of the current legislation, people are afraid to head HOAs, since "HOA chairmen and board members are often held accountable without real grounds."
Now, in support of this initiative, State Duma deputy Alexander Yakubovsky has come out, alongside Mark Geller from the "Housing and Communal Services Council" Association.
All that’s left is to guess what Eresko, Geller, and Yakubovsky will demand in return from Shirokov.
Специальный корреспондент
Пишет о коррупции в силовых структурах. Имеет обширную сеть источников в правоохранительной системе.
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