DEAR RESIDENTS! READ THIS VERY CAREFULLY! AND THINK.
On January 1, 2011, you and I received our house from DEZ in a state that is terrible to remember - in the basement knee-deep "sewerage", fleas, rats like chickens on a perch, holes in the pipes were not repaired, but wrapped with rags. We have already done a lot. Today, the life support systems of our home are much more efficient. But they are in a very worn condition and are sensitive to the slightest interference (for example, you put in a new battery - heat is taken away from the upper neighbors). Thanks to the maintenance service of the HOA "Kvinta" serving our house - it monitors communications, as DEZ contractors never dreamed of.
Our house is long overdue OVERHAUL . But all this time we did not have the right to REPLACE pipes with new ones ourselves - this was forbidden to us by law and we did not have money for this. And the Department of Overhaul was not up to our house. When the city created such housing associations as ours, it promised to make major repairs in the housing associations in the first place. But we were "thrown" again. Why? - Yes, because our HOA, like many other HOAs, works "no recoil" . And now it is widely known that "kickbacks" in housing and communal services over the past two years have grown from 40% to 70% of the amount of work!!!
But now the situation with major repairs has changed. The state acknowledged that it CANNOT AND DOES NOT WANT to bear this burden on its own anymore.. On January 1, 2013, Federal Law No. 271-FZ (dated December 25, 2012) came into force - overhaul law . It entered into force on January 1, but when it starts to be REALLY APPLIED - this is kept in the deepest secret. Why?
This was very clearly explained at a press conference by a State Duma deputy, head of the committee on housing and communal services
Galina Khovanskaya .
From some - it is not known from what - time - maybe from this summer, maybe from the summer of 2014, or maybe from January 1, 2014, we will see the column "overhaul" in the monthly rent payment. This obligatory payment for capital repairs common property the house will go to the overhaul fund. Wherein the law provides for only TWO WAYS of forming a CAPITAL REPAIR FUND.
First (in the beginning it was the only one): all the money of the residents of the house goes to the federal " GENERAL". Which will be disposed of by the OFFICIAL - "regional operator". OFFICIALS will determine the repair schedule, the annual list of houses and even the list of works. OFFICIALS will be responsible for the selection of the company. And for the quality of work. How do they answer - ask in the HOA "Bibirevo-18" (Shenkursky pr., 4). There, under DEZ, half of the work was done poorly, half was not done, the contractor disappeared with the money, the deputy prefect signed the act of work performed - and no matter how the HOA beat, REPAIR WILL NEVER BE COMPLETED.
Officials do not need control of conscious and strict residents. What will happen in the case of a “common fund” with our house is understandable.
And in Moscow there are 60,000 emergency houses - to which the state has an obligation in the first place. This means that we will finance for a long time, first of all, the repair of the EMERGENCY FUND. And the savings in the "common pot" will be eaten up by inflation. And even with a monthly payment in the payment of 7 rubles / sq.m, a complete overhaul of the house must be collected for 45 years.
Khovanskaya directly called this scheme another "pyramid" (a sign of a "pyramid": there is not enough money for everyone) . That will burst like a soap bubble as soon as it stops receiving money from the Housing and Utilities Reform Assistance Fund. It is not the first year that they have been talking about the closure of this Fund, because “there is no money”, but they have not closed it yet. The fund is artificially pumped up with money, as is typical for pyramid schemes. According to Khovanskaya - "... this scheme, quite obviously, with a corruption component." Residents will never be able to control which house their mandatory contributions from the “common pot” will be used to repair.
But thanks to the efforts of Khovanskaya as a State Duma deputy, another scheme was included in the Law - for HOA and housing cooperatives.
We have the right to determine by decision of the general meeting of owners of the premises whether to transfer funds to the federal fund - or open OUR, independent TARGET bank account for overhaul.
We have the right to determine the size of the mandatory contribution for the renovation of our own house(although the state has already named the minimum contribution - 7 rubles 20 square meters / sq.m) .
We have the right to set the terms of the overhaul and the list of repair work.
We have the right to decide whether to take a loan and get into bondage - or to carry out capital work gradually, as funds accumulate - which is quite realistic!
We have the right to choose a company with a license for the production of capital works and FULLY “no recoil” to control it.
We have the right to determine the bank in which we will open a target account. Now our account is opened in Sberbank. Sberbank has banking rules deposit insurance. This is a REAL guarantee.
And now about why it is kept in deep secret, when will the column “overhaul” be introduced into the rent payments?. Because - if the HOA or housing cooperative does not have time to hold a meeting and open an account before this moment, the money of the residents of the house will automatically go to the federal "common fund". AND YOU CAN EXIT IT ONLY AFTER TWO YEARS. And MONEY FOR TWO YEARS WILL NOT BE RETURNED. THAT'S WRITTEN.Robbery.
The proverb says: The law - that the drawbar, where you turn - it went there. For houses whose residents think that the state will decide everything for them - for most houses that are “in DEZ”, the Capital Repair Law can turn into a problem of delaying major repairs - as it is happening now. But for houses in which there are HOA and housing cooperatives, the Law on Overhaul is really beneficial. Bye. In our state, they constantly “want the best - but it turns out as always,” and no one knows how the Law will change in a couple of years. But after a couple of years We can do a lot with our account to maintain and improve our home. The money on our own target account is from 1 to 1.5 million rubles. in year!
The law gives us the opportunity to decide the fate of our home, our COMMON PROPERTY - because we are an HOA. For residents of DEZ houses, this is impossible.
Dear residents! Recently, in different districts of Moscow, corrupt officials of the GUIS, Administrations, Housing Inspections, with the help of their “administrative resource”, are trying by all means to destroy and liquidate successful HOAs - in order to RETURN THE HOUSES TO DEZ. Dez is a feeding trough of corruption. About how officials are fed from DEZ and GUIS - read an article from a newspaper on the Internet "Izvestia" from 01/29/2013: "Cleaning Moscow brings officials 100 million a year" . At the same time, going to the direct bribery of some residents so that they destroy the HOA, DEZ tells them to say that he will "immediately make a major overhaul." Now you understand - he can't do it. In the light of the new Law on overhaul, only those HOA and housing cooperatives will be able to try to achieve a normal “human” overhaul, where residents understand that they need to use every opportunity provided by the legislation to repair and preserve their housing by OURSELVES.
For 80% of those living in our house, this is the only housing. THE FATE OF HOUSES HOUSEHOLDS AND ZHSK IN OUR HANDS. WE SHOULD SAVE AND SPEND MONEY ON THE REPAIR OF OUR HOUSE.
At the end of the reporting meeting of the HOA, we will immediately, before the summer season, hold general meeting owners of premises with the agenda: leave mandatory payments for overhaul, according to federal law No. 271-FZ, at the disposal of the owners of the premises of the house . We have very a large percentage non-owners, so your vote is decisive. We hope that you will vote for the reality of overhaul in our house.
Watch the full press conference of Galina Khovanskaya on the Internet: Housing and communal services. Results of the year. mp4
Sincerely, Chairman of the Board N.G. Shantyr
I would like to know when it is necessary to do major repairs in the house? I live in a residential building, since 1976. No repairs have been carried out, the ventilation system is faulty, there are flies in my apartment.
Olga, Overhaul residential buildings sometimes complex and sometimes selective. Comprehensive is held 1 time in 25 years, selective 1 time in 15 years. There is also current repairs - carried out once every 5 years, there is also annual maintenance.
Send an application to the Criminal Code to provide information on the timing of major repairs in your MKD. Thank you for your feedback.
Hello dear Olga! You need to know that each region is obliged to create its own fund, which will receive funds for capital works for repairs, for example, in the Moscow Region, the Ministry of Construction is engaged in this, you need to go to the portal and enter the exact address of a particular house, and find the necessary information on the interactive site. For a Muscovite, the task of finding a schedule is not a problem: all services are collected on one service portal, it uses the latest information Internet technologies: just enter the address of the house, and a schedule of work from 2015 to 2044 will open. The accumulative fund will make it possible to carry out the following works: To replace intradepartmental communication systems, including the replacement of hot and cold water pipelines, gas supply, sewerage, elevators. Such a service is available only to those residents whose regional authorities have launched a major overhaul program, and there is detailed information on the official websites. I wish good luck and success to you and your loved ones. Sincerely, A.A. Bogolyubov.
Good day to you. Send a written request to the management company regarding the overhaul. Good luck and all the best.
I am a board member of the ZhSK, a house built in 1967. We have defaulters utility bills, debts from 20,000 to 80,000 rubles. One (80000) does not pay more than 3 years. We filed a lawsuit against him, there is a court decision to collect the debt, he came bailiff and nothing...
Another defaulter pays for a year, does not pay for a year, they were also sued.
You will not receive money from them in an official way; Probably possible, but cumbersome.
We went the other way.
There was a general meeting at which the tenants called on the board to collect debts from them in any way (Why should we pay for them!?).
Just then we started a small overhaul in the house - we change the wiring (interfloor risers). Financing comes from the money set aside for the overhaul (we include them in the rent). Under this case, we turned off the non-payers, having formalized this with a decision of the board and an extract from the minutes of the meeting, despite the fact that they pay for electricity (otherwise the energy supply will be turned off immediately).
We motivated this by the fact that the new cables are the property of the house, and since they do not pay, including for major repairs, we will not let them use our cables - let them be separately drawn by energy sales!
Question. To what extent we are legally right, and what threatens us if we are wrong.
For a complete answer, you need to get acquainted with the charter of your HOA.
In this situation, you do not have the right to stop the supply of electricity to debtors, due to the fact that payment for electricity is made in full. You can only judicial order resolve this issue (recover the amount for using your networks).
Just in your case, you need to competently conduct lawsuit proceedings.
I advise you to contact a lawyer, since there is a lot of gag in your actions described in your letter, with such a position, the court will take the side of the debtors.
housing code Russian Federation places the burden of maintaining common property in an apartment building on the owner of the premises.
According to Article 158 of the Housing Code of the Russian Federation, the owner of premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the right common property on this property by making a payment for the maintenance and repair of the dwelling. The obligation to pay the costs of major repairs of an apartment building applies to all owners of premises in this building from the moment the right of ownership to premises in this building arises. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay for the overhaul of the apartment building passes to the new owner.
Despite the legislative fixing of the point at which the owner is obliged to pay the capital repair fee, many of the problems that residents face are related to the legal bases for fixing the capital repair fee for the owners of a particular house, which depend on the method of management. apartment building.
Thus, the amount of mandatory payments and (or) contributions related to the payment of expenses for the maintenance and repair of common property for owners of premises that are members of a homeowners association, housing, housing construction or other specialized consumer cooperative, as well as the amount of payment for the maintenance and repair of residential premises for owners of premises who are not members of these organizations, determined by the governing bodies associations of homeowners or management bodies of a housing, housing construction or other specialized consumer cooperative on the basis of an estimate of income and expenses for the maintenance of common property approved by the management bodies for the corresponding year.
In the case of maintenance of an apartment building by a management company, the amount of payment for the overhaul of an apartment building in accordance with clause 1 of part 2 of article 44 and part 2 of article 158 of the Housing Code of the Russian Federation (hereinafter referred to as the Code) established by decision of the general meeting of owners of premises in an apartment building taking into account the proposals of the managing organization on the start date of the overhaul, the required scope of work, the cost of materials, the procedure for financing repairs, the timing of reimbursement of expenses and other proposals related to the conditions for the overhaul.
The collection of fees for major repairs by management companies in the absence of such a decision is illegal.
At direct management in an apartment building, the amount of payment for capital repairs is accepted at a general meeting of the owners of the premises.
If the owners of the premises have not decided on the method of managing the apartment building the amount of payment for capital repairs is established by local governments in accordance with paragraph 34 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, based on the results of an open tender held in the manner established by the Rules for holding an open tender by a local government body to select a managing organization to manage an apartment building, approved by Decree of the Government of the Russian Federation of 06.02.2006 No. 75. In this case, the payment for the overhaul is established as part of the payment for the maintenance and repair of the dwelling equal to the amount of the payment for the maintenance and repair of the dwelling specified in the tender documentation for an apartment building.
In accordance with the clarifications of the Ministry of Regional Development of the Russian Federation in a letter dated 05.03.2009 No. 6091-AD / 14, the establishment of the amount of payment for major repairs by local governments is not allowed for apartment buildings:
a) owners of premises in which they did not make decisions at their general meeting on the overhaul of apartment buildings;
b) in respect of which, in accordance with Decree of the Government of the Russian Federation No. 75 dated February 6, 2006, local governments did not conduct open tenders for the selection of a managing organization for managing apartment buildings or in the list specified in the tender documentation compulsory services and work on the maintenance and repair of the common property of the owners of premises in an apartment building, which is the object of the competition, there are no works on overhaul apartment buildings.
Prior to the entry into force of the Housing Code of the Russian Federation, the overhaul payment was included in the owner's payment structure, regardless of the timing of the overhaul and the actual cost of the work performed.
The current housing legislation proceeds from the fact that the cost of major repairs of common property in an apartment building should be determined individually for each house. Cap. repairs will have to be paid, but before paying, carefully understand the payment scheme, what and for what they take. But you need to read the Decree of the administration of the city (settlement) if you do not agree. contact the prosecutor's office, they will check the document for legality and if violations are detected. take legal action.
In this article, we will look at FAQ for the renovation of an apartment building. Answers given Andreeva Yulia Anatolievna, a practicing lawyer, consultant of the Association of Homeowners' Association, ZhSK and ZhK of the city of St. Petersburg, co-author of several publications on housing and communal services.
- Is it necessary to hold a meeting of the HOA along with a meeting of the owners of MKD for major repairs, as recommended in the documents of the administration?
- The issue of major repairs is decided exclusively by the meeting of owners: this is stated in Housing Code. Everything else is a free interpretation of the authorities. If the state authorities nevertheless insist on holding two meetings and make it dependent on receiving subsidies for major repairs, then both can be held.
- There are two apartment buildings in the HOA, in which there are more than 12 apartments. Is it necessary to hold a meeting of MKD owners in order to choose a way to form a capital repair fund: a special account created by a regional operator only for our house or a general account of a regional operator?
- If there are two houses in the HOA, and the amount of apartments in them is more than 30, then the HOA cannot be the owner of the account. The owners can hold a general meeting and decide to open a special account, the owner of which will be a regional operator. Or go to a regional operator on a common account. If the owners do not hold a general meeting, they will simply be transferred to the regional operator on a common account.
- Do the owners have the right to determine the contractor for the overhaul, provided that this issue is included in the agenda?
- Here we need to talk about two decisions of the general meetings of owners. The first decision is made at the "opening" meeting. It resolves questions about choosing a method for the formation of a capital repair fund, the amount of contributions, choosing credit institution. The second general meeting, which approves the list of works and their cost, must be held in the year preceding the year of the overhaul. If the house is accumulating funds with the regional operator in a joint account, then it is the regional operator that offers the options. And the owners at the general meeting accept or do not accept proposals management company by type and cost of work. If owners accumulate cash on a special account, they have the right to determine the contractor themselves.
– Can the owners choose the management company as an authorized person, so that in the future it will represent the interests of the owners before the regional operator? What are the mechanisms for implementing this protocol, decision, regulation?
- They can. But then the question arises, what powers will be assigned to the management company. This can be written in the minutes of the general meeting. It must indicate what powers are granted to this management company.
- Can owners who have opened a special account with a direct management method with a regional operator choose a contractor, the cost of a major overhaul, and the order of priority?
- If the owners choose a regional operator as a way to form a capital repair fund, then a common account is assumed. Consequently, they no longer choose a contractor. Everything will be done by the regional operator. If the owners open a special account, and a regional operator is chosen as the owner of the account, then all decisions are made by the owners, regardless of the method of management. In this case, the management company must submit its proposals for the repair and its cost no later than 3 months before the end of the year preceding the one in which repairs are to be carried out under the regional program. The owners need to resolve all these issues at the second meeting closer to the overhaul.
Who can be a party loan agreement if the owners, with a special account and a direct method of management, want to make a major overhaul now, and not in 10 years?
- It is necessary to decide the general meeting of owners that a loan agreement will be concluded. At the general meeting, you need to choose an authorized person to sign the loan agreement. The authorized person will sign it on behalf of the owners, which should be reflected in the loan agreement itself.
- In which state municipal body can I find out about the list of houses included in the regional program?
- You can contact the housing committee, administration or department of housing and communal services in your city. You can see which departments and committees are on the website of the city administration. You can also call the administration in your area and find out where these issues are considered, which hotline numbers.
– Can owners who have their own special account with minimal contributions use the money for major repairs ahead of schedule prescribed in the regional program?
- They can. If the general meeting decides to carry out the work, all questions regarding payment, the choice of contractors, and the conclusion of the contract will be spelled out in it. By submitting these documents to the bank, you will be able to transfer funds to pay for the work.
- Can the owners, before including their houses in the regional program, independently collect money for overhaul on their account or on the account of the management company?
“Of course they can. It must be the decision of the general meeting. The cost of these fees must be spelled out. Funds can be kept either in the account of the management company or in your own account.
- Is it possible to prescribe in the regional law that the placement of a draft agreement for the organization of a major overhaul on the official website is an offer for its conclusion by the owners, according to which the local government decided to form a fund on the account of the regional operator?
- It is possible, but the owners still have to give their consent or disagreement to sign this agreement and initiate, authorize someone to sign it.
- The Housing Law stipulates that the owners of the premises choose the method of accumulating funds for major repairs, and the owners are also required to pay contributions for major repairs. Members shared construction do not have the right to vote and are not required to pay contributions for major repairs?
– Participants in shared construction are not yet owners. Citizens are considered owners from the moment the right is registered with Rosreestr, and they have the main document - a certificate of ownership with an assigned cadastral number. Owners of shared construction begin to pay for utilities from the moment of signing the act of acceptance and transfer of apartments, without waiting for registration with Rosreestr, but this is written in the contract. If the shared construction agreement does not specify a major overhaul, then the owners are not required to pay before registration of ownership. If contributions for overhaul are additionally prescribed, then they must be paid under the contract.
– What is better for raising additional funds for the maintenance of a special account: using an agency agreement or opening an additional current account?
– The conclusion of an agency agreement implies only the accrual of contributions for major repairs, the collection of debts, and the monitoring of this debt. Such an agreement will be signed between the regional operator, the management company, the HOA, the housing cooperative in the event that the owners have passed to the regional operator. If the owners have opened a special account, then the agency agreement is not needed, because the account owner is selected. The owner of the account can be an HOA, a housing cooperative, a regional operator.
– What payment scheme to choose for a new home?
The new house is no different from the old one. If the ownership has already been registered, then accruals for a new home are carried out as usual, and the owners are required to pay a fee for major repairs.
– What are the disadvantages of a special account opened for a major overhaul by a regional operator?
– This refers to a special account, where the regional operator is selected as the owner of the account. A special account implies that one house is one account, but it is managed by a regional operator, because there were no other owners (for example, there is no housing cooperative or HOA, but only a management company; or HOA manages several houses and cannot be the owner of the account). Difficulties will be when interacting with a regional operator. If a joint account is opened, a regional operator is selected as a way to form a fund. In this case, it will be impossible to choose a contractor on your own, as well as to carry out major repairs or receive funds before the deadline set by the regional program.
– When forming a fund on a special account owned by a regional operator, is it necessary to keep records of the receipts of each owner? Who oversees admissions?
- If the owner of a special account is a regional operator, then he exercises control, monitors the status of settlements, invoices issued and received, receipts and debts. The regional operator reports to the state authorities on the subject regarding these funds. But sometimes these responsibilities, by concluding an agency agreement, are assigned to homeowners associations, housing cooperatives, and management companies. In this case, everything will be decided by the contract: the account will be kept by the one who is registered as obligated. Control over this is carried out by the authorities of the subject and the Housing Inspectorate.
- Exclusively based on the area of the premises. The owners of both residential and non-residential premises included in the apartment building must participate in the meeting. Only members of the housing cooperative vote by apartment during the general meeting of members of the housing cooperative.
- The house is serviced by a management company. Joined the regional program. A year later, they decided to organize an HOA or a housing cooperative. Is it possible in this case to withdraw from the regional program and open a special account?
- It does not depend on who serves the house. If there is an HOA or housing cooperative in the house, the issue of opening a special account is decided by the owners. If the house is serviced by a management company, then the owners can currently go to the regional operator for a common account. And having created an HOA, they will then be able to go to a special account and choose the HOA as the owner. But this decision will come into force only two years after sending it to the regional operator. Now the owners, since they have a management company, can choose a special account with the owner - a regional operator. Then they will have their own account, and by creating an HOA, the owners will be able to change the owner of the special account. And here this two-year period is not provided.
– Does the regional operator bear the cost of maintaining an account both with a general and a special account?
– Yes, the account holder bears the cost of maintaining the account. These expenses cannot be deducted from the funds received for capital repairs.
- HOA. From the first day the garbage chute is not working by the decision of the general meeting. Can this property be rented out after renovation? How to do it better: under a lease or accession agreement? It is possible to avoid paying taxes commercial activity?
- Yes, it is possible to make repairs and rent out for 11 months without registration by decision of the general meeting of owners. A lease agreement is signed. You will most likely have to pay some taxes on rental income.
- HOA. Nobody wants to be on the audit committee. Is it mandatory to have it?
- It is obligatory to have an auditor or an audit commission.
- One house, one entrance, 15 floors, basement sold. There was a problem with the sewage system, the floor in the basement was opened, and it turned out that the project did not match reality. Who is to blame: the developer or the owner of the basement? Who pays for basement repairs?
- Who is to blame can only be established through an examination. If the examination shows that the developer is to blame, then the requirements must be made to the developer. If the owner of the basement, who made the re-equipment, redevelopment, is to blame, then material claims will need to be presented to the owner as the guilty party.
– If there are more than 30 apartments in a building, will the regional operator be the owner of the special account?
- If the HOA manages several apartment buildings, the total number of apartments of which is more than 30, then the HOA cannot be the owner of a special account. If the HOA manages only one apartment building, then it does not matter how many apartments are in your building. The HOA has the right to be the owner of a special account.
- Shared water riser in the house. The clamp fell off, there is no access to the sanitary cabinet. Flooded the two lower apartments. Who is guilty? Is it necessary to send all owners a notice of access to the sanitary cabinets where the common property is located?
- It is necessary, even if you do not have access, and you cannot influence it. The water riser in your case is a common house property, and the management company is responsible for it, as well as for any common house property.
- What powers do management companies have with a regional operator, except for receipts and charges?
- The management company makes receipts and charges only if it has concluded an agency agreement with a regional operator. If this agreement does not exist, then the management company should not make any receipts, charges or penalties. The management company must only submit to the owners its proposals, recommendations for the overhaul no later than three months before the end of the year preceding the year of the overhaul. The management company is not affected in any way in these matters.
– What powers does a regional operator have as an owner of a special account?
- Like any other account holder, a regional operator opens an account, monitors payments, receipts of funds, issues receipts for payment of capital repairs, collects debts, and bears the costs of maintaining this special account.
- Is the general meeting of owners of a new building competent before receiving a certificate of ownership by these persons for apartments when deciding on the choice of a management organization, determining the amount of payment for major repairs?
– The owners' meeting is held by the owners. In this case, you do not yet have proof of ownership. This may be a snag when deciding on the legitimacy of the general meeting of owners.
– Owner non-residential premises. The premises are attached to residential building. What will be community property? If the owner of a non-residential premises is forced to carry out a major overhaul, is it possible in the future to reimburse the costs of the overhaul at the expense of the regional operator or the HOA account and how?
- Owners of both residential and non-residential premises must pay for major repairs. What is included in the common property of your apartment building must be determined from the technical documentation (technical or cadastral passport). If the owner of non-residential premises has carried out major repairs in his premises, then this is exclusively his business. If he carried out some types of work on what belongs to the common property, then he did not have the right to do this, since all types of work are approved by the decision of the general meeting, and not by a specific owner. Either the issue is resolved at a general meeting, or the owner does it simply at his own expense, because the general meeting and the owners of other premises did not decide on expenses. The owner cannot solve the issue of major repairs of common property on his own, spend money, and then present them for collection to everyone else.
- Do you need a power of attorney from the owners in order to authorize the management company, or is a two-thirds protocol sufficient?
- In the protocol, it is necessary to resolve the issue that the management company is authorized to perform any actions, clearly spell out the name of the management company, to whom and what powers are granted. In the future, this protocol, an extract from the protocol, a copy of this protocol can be shown everywhere as proof of authorization. You can also choose an authorized person on behalf of the owners to sign the power of attorney of the managing organization to perform these actions. The person chosen by the owners will sign the power of attorney, it will just be without a seal.
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