That is why, since ancient times, the legislator has allowed that the management of an apartment building should be carried out by certain organizations. The most common of which are the management company.
The management company is not so popular in our country.
The main reason for this is the management of an apartment building by persons who have the goal of earning income from this activity.
Residents would like to see a person in the post of house manager who sincerely wants to make their home better, and who can think so if not the resident of this house himself?
That is why such a legal form of organization as a partnership of legal homeowners and became a priority for citizens, and popular among owners. In this organization, of course, it is not chaotic disorder that reigns, but a strictly ordered order of management.
Read about the pros and cons of HOAs.
It is headed by a chairman who manages the activities of this organization and is responsible for other issues. The homeowners' association also has its own.
Recently, many people have become interested in new position introduced, which began to appear in the partnership - this is. Many owners have not been able to figure out what kind of face it is and what function it performs. Let's try to figure it out.
Employment contract with the HOA manager.
Civil contract with the HOA manager.
You can find out whether it is necessary to conclude an employment agreement with the chairman of the HOA from. Samples of HOA job descriptions are available.
Concept and necessity
Let's talk about where this position came from.
Anyone who closely follows changes in housing law will probably note that the position is new and appeared in the everyday life of our country quite recently- some five years ago. And many owners do not even realize that someone else is working on their organization’s staff.
The manager of the association of legal homeowners is an official. In addition, this official is an individual, and not an individual entrepreneur or represented by an organization as a legal entity.
This person is required to perform a number of functions that are related to administrative activities maintenance of an apartment building. The main task is to correctly and competently organize the functioning and implementation of work on an apartment building.
It would seem why the organization needs this, but in fact, it helps solve many issues and keeps order.
Of course, for his activities he should receive reward.
But in order for the agreement on this with the residents to really have legal force, it is necessary to draw up an agreement.
Thus, if there is an employment agreement between the homeowners association and the manager, then it regulates not only salary issue this employee, but also his functions carried out within the framework of the partnership, as well as measures responsibility for their failure to comply.
Therefore, concluding an employment agreement is a smart move in order to protect yourself from problems in the future.
Consequences of missing a document
Control cannot demand payment for his work without an existing agreement, otherwise how can residents be sure that this person has completed all the necessary actions.
One way or another, but by law he has the right to enter into relations with the tenants and owners of the apartment building in the following types of relationships– labor and civil law.
Without the fact of concluding a relationship fixed on paper, residents have every right not to pay for the work.
If the agreement is not concluded, then the manager may not be paid, if the residents feel that this person has not fulfilled his direct functions, and since there is no document, no one can know exactly what functions were assigned to him.
Issuance and approval
Who compiles, issues and approves? The employment contract is drawn up by the parties, that is, the homeowners’ association and at the same time the manager of the homeowners’ association. The parties propose what points can be included in the document.
Before concluding an employment contract, you must coordinate this action with several services.
Firstly, notify the accommodation.
Secondly, such an action must be carried out through tax office.
Only upon approval of these two bodies can an employment contract be drawn up.
You can learn about this, and also about what the HOA has the right to disclose to the owners, from our articles. with the owner, you can download on our website.
Making changes
Is it possible and who has the right to make changes to an approved employment contract? into it subject to change However, for this it is necessary to meet some conditions.
In order for changes to be made in accordance with the rules and the law, it is necessary for this to be mutual desire of both sides at once. If one of the parties refuses to make changes, it will not be possible to make amendments only at the request of one of the parties.
Homeowners Association Manager important person, which increases the functionality of work in an apartment building.
Thanks to his efforts, your building can become either the neatest and most pleasant to live in, or one that quickly falls into disrepair.
In any case, whether you need a homeowners association manager or not, decided by the meeting of owners– the highest law-making body in the management organization.
We wish you to make the only true and correct decision, which would subsequently have the best impact on your apartment building.
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First of all, it is worth noting that the residents themselves are not able to maintain the house in the required condition simply because they do not always know what to take on and what to do first.
In managing an apartment building, you need your own people - professionals who can properly arrange the functioning of home systems couldn't be better.
Each organization that manages the house has its own internal structure.
This is done so that the most carry out your actions effectively around the house.
Workers monitor each other's actions, thereby preventing mistakes and improving work together. All work is managed by one specific person, who is present in each organizational and legal form of management.
The homeowners' association is headed by a person who has a lot on his shoulders. The position requires significant responsibility first of all to the residents - after all, they are the ones who elect him to this post, which means they entrust their trust to this person.
The actions of the chairman within the framework of managing an apartment building should not be chaotic and spontaneous, but should be clearly regulated.
In this article we will get acquainted with the instructions that are inherent in the activities of this person and study their nuances.
Job description of the chairman of the HOA.
Job description of the HOA manager.
Read about the responsibilities of HOA board members and founders to residents.
Concept and necessity
For the chairman
A job description is a document that confirms the powers of a specific person.
Many residents, and even homeowners’ association employees, have a logical question: what exactly is it for and, most importantly, what does it provide?
Chairman of a homeowners association has extensive powers. He manages funds, develops plans, accepts or rejects proposals.
Of course, he can carry out all these actions according to his own inner conviction, but this is not at all a guarantee that the work will be considered effective.
This document allows the actions of the chairman to be placed within a framework, which means several control his powers. In addition, when problematic situations arise, he can turn to the instructions and not act on his own.
Find out whether you need to enter into an employment contract with the chairman of the HOA.
For the manager
What is the difference between them?
It would seem, why compile it for each specific person, but in fact this step has essential. The fact is that the duties and powers of the chairman of the owners’ association are fundamentally different from the provisions and job responsibilities of the manager of the HOA.
These two positions have different meanings, which means they cannot use the same rules.
IN chairman's scope of action includes a significantly larger volume of rights and obligations than in manager's field of activity However, the latter has many more functional responsibilities than the manager.
Structure and content
A job description is not chaotically written rules of behavior. This is a clearly structured document that sets out the main provisions on which the activities of a particular person in the owners’ association are based.
Listing all the provisions of the instructions is quite tedious, so we will pay attention to the fundamental theses and chapters of this document.
The first section is called general provisions. It tells about what main functions are assigned to the person, by whom exactly, and most importantly, to whom the person is responsible for performing or not performing these actions.
The second section is named as job responsibilities and introduces us in more detail to all the nuances of the actions performed by a person.
The third section reminds us that in his position a person has not only responsibilities, but also rights. Rights are not only listed, but also argued in detail.
The fourth section suggests considering types of liability for performing any actions. As a rule, they can be presented in the form of fines and other material sanctions, and also become a direct threat to removal from office.
The fifth paragraph highlights additional provisions. They spell out the situations in which a person can be dismissed from office, with the exception of situations when we are talking about measures of responsibility, and also pay attention to the paragraph that talks about how controversial issues should be resolved.
You can find a sample HOA staffing table.
Who compiles, issues and approves?
Do not think that a job description is a document that automatically assigned to the chairman, as soon as the fact of his appointment to the position took place.
This is wrong. In fact, he receives instructions from certain persons who took part in their preparation.
Who is developing the document? It is not difficult to answer this question, since in addition to the director, the partnership has two more bodies that have the right to make important decisions.
With whom and what services do you need to coordinate?
An instruction is not just a hastily compiled document. Before any official accepts it and begins to implement its points, this document must be shown to one body that controls all relationships in the housing sector.
It's about housing inspection. It is she who gets acquainted with the draft job responsibilities and gives her approval or disapproval regarding their implementation.
Read about the legal regulation of managing an apartment building.
Validity and storage period
The job description may be urgent and extend to a certain time specified in the text, and unlimited.
Then its validity period ends with the end of the chairman’s term of office.
Where should it be stored? The document must be kept in homeowners association office and the wish to be made available for review to any interested resident.
This is done so that each of the members of the partnership was able to check whether they are legal or not, there were certain actions of the chairman or manager.
About the standards for disclosing HOA information to owners.
Making changes
Is it possible and who has the right make changes to an approved document? Changes are made not at the request of one specific person, but by the decision of the entire board.
If there is a need to make changes, then the board members must decide on the introduction of innovations by voting. The chairman or manager also takes part in it.
You can download all HOA employees, as well as samples of other important partnerships, on our website.
Job description is a method of regulating the activities of certain positions, the possibility of increasing the functionality of their work, as well as a way to truly find out how interested a person is in making sure that managing a home bears fruit.
Even if you are not a member of the board and had no idea that job descriptions exist, then if you have an organizational and legal form of management in the form of a partnership.
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First, you need to understand that this is an agreement with the HOA manager. As a rule, this is an agreement with an involved specialist, which is concluded by the chairman of the housing association in the following cases:
- When none of the resident board members have the proper experience and competence.
- With a large number of houses included in the partnership structure.
- In the absence of free time to fully manage the partnership.
- When crisis management is required.
The latter case refers to situations where an organization has accumulated large debts to resource suppliers or to credit institutions. Also, a third-party manager may be involved to transfer experience to the management of the newly created HOA for a limited period.
Parties to the agreement
The subjects of contractual relations are the housing association (on the one hand) and a specialist (on the other hand).
REFERENCE! The manager can be either an individual or an individual entrepreneur, who can act as one of the parties to the agreement in several housing organizations.
Its chairman speaks on behalf of the housing association, since his responsibility is to attract employees (part 5 of article 148 of the Housing Code of the Russian Federation).
The agreement with the hired specialist must contain the following points:
Other conditions may also be described, depending on the provisions of the charter, the purpose of attracting a specialist and the specific financial situation in this HOA.
The details indicate the current and correspondent accounts of the partnership, as well as its address, TIN and full name, and for the other party, full passport data must be provided, as well as the number of the insurance certificate and TIN.
What documents are attached?
The hired specialist must be presented with a certificate of registration of the partnership as a legal entity, and also be given a charter for review.
When registering powers, the future manager must provide:
- Russian passport;
- certificate of pension insurance;
- military ID;
- work book;
- diploma;
- certificate of marriage/divorce;
- certificate of advanced training (if available).
When registering the employee being hired, he must be given a power of attorney to act on behalf of the management of the board, since only the chairman has the authority to act without a power of attorney (Clause 2 of Article 149 of the Housing Code of the Russian Federation).
If a civil law agreement, rather than a labor agreement, is concluded with a third-party manager, then his package of documents is limited to a passport, tax number and SNILS.
Article 149. Chairman of the board of a homeowners association
- The chairman of the board of a homeowners association is elected for a period established by the charter of the association. The chairman of the board of the partnership ensures the implementation of decisions of the board, has the right to give instructions and orders to all officials of the partnership, the execution of which is mandatory for these persons.
- The chairman of the board of a homeowners' association acts without a power of attorney on behalf of the partnership, signs payment documents and makes transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership, develops and submits for approval to the general meeting of members of the partnership internal rules regulations of the partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, regulations on the payment of their labor, approval of other internal documents of the partnership provided for by this Code, the charter of the partnership and decisions of the general meeting of members of the partnership.
How to compose?
For the legality of the agreement, it is important to describe all of the above points in as much detail as possible in order to avoid the occurrence of controversial situations in the future.
The subject of the agreement being concluded is the hiring of a specialist and the transfer to him of part of the rights and responsibilities of the management of the HOA under the conditions specified in such an agreement.
Rights and obligations of the parties
The list of powers of the manager may include:
- Representing the interests of the partnership in financial and supervisory organizations by proxy.
- Disposal of material and financial assets of the housing association.
- Resolving personnel issues, including hiring and dismissing employees of the structure, determining a list of responsibilities and monitoring the activities of employees.
- Concluding agreements with resource supply companies and contract repair organizations.
An additional paragraph should indicate that the conclusion of any agreements with third-party companies can only be carried out for the implementation of the statutory goals of the partnership.
The hired manager cannot issue loans and credits to pay off current debts without an appropriate decision of the general meeting of tenants-members of the housing association, in accordance with Part 6, Clause 2, Art. 145 Housing Code of the Russian Federation.
The job responsibilities of the hired manager include:
The frequency of reports (quarterly, monthly) is determined additionally.
The responsibilities of the other subject to the agreement (the board of the housing association) include:
- Providing the involved employee with the necessary working conditions and granting authority.
- Timely payment of wages in the established amount.
- Providing the necessary information about agreements previously concluded by the management of the partnership.
- Providing annual paid leave.
The chairman has the right to control the activities of the hired manager and give him direct instructions, in accordance with paragraph 1 of Art. 149 Housing Code of the Russian Federation.
Working hours and wages
The labor regime is determined by the contract and can be of two types:
- full day;
- irregular day.
A full day involves a certain number of working hours, as well as the presence of a manager in the office of the partnership. An irregular schedule implies that managers independently organize their time to solve assigned tasks; such a schedule is typical for small partnerships, as well as for managers who are individual entrepreneurs collaborating with several housing organizations at once.
Remuneration can be either fixed, for managers on a permanent basis, or piece-rate, for anti-crisis managers hired for a limited period, working under a civil agreement.
Responsibility of the parties
The involved manager is responsible for his activities:
- material;
- civil;
- criminal.
Civil liability implies compliance with the terms of the signed agreement and the fulfillment of assigned duties, while financial liability is determined by the reasonable expenditure of the partnership’s resources for statutory purposes.
Criminal liability arises in the event of losses caused to HOA members due to resource communications failures, as well as in cases of corruption.
ATTENTION! Regardless of the terms of the employment contract, the management of the HOA bears full responsibility for the actions of the manager before the general meeting of owners of residential premises.
Changes in terms and conditions and termination
Any changes are possible only with the written consent of both subjects of the employment agreement. Changes to individual items that are contrary to the law may occur upon the proposal of the housing inspectorate or by court decision, if critical issues for many owners depend on such items.
If the contract is concluded for a certain period, then upon its expiration it is either extended or terminated. The extension of the contract must be in writing.
Other conditions
A standard agreement can be concluded with paragraphs that take into account the characteristics of a given housing association and its economic situation.
Separately, you can describe the categories of financial issues under the control of the manager, the category of actions that he can perform without the consent of the chairman, and the scope of such actions. For example, you can specify that entering into a lease below a certain value must have the approval of the board.
How to terminate?
Termination of the contract before the end of its validity period may occur under the following circumstances:
- Dismissal of the manager at his own request.
- Dismissal for violation of labor discipline.
- Dismissal of a manager for failure to complete assigned tasks, failure to meet repair deadlines, etc.
- Removal from office upon the recommendation of the housing inspection or the general meeting of HOA participants.
A civil agreement may specify penalties to be paid by the party withdrawing from the agreement unilaterally.
So, the employment contract with the involved HOA manager must be concluded by the chairman and contain information about the purposes of attracting the manager and his responsibilities. When concluding an agreement, it is important to indicate in separate paragraphs the resolution of controversial issues related to a specific HOA. The more terms and conditions that are discussed in the agreement, the less likely it is that disputes will arise.
– a legal entity formed by the owners of isolated premises in an apartment building. The activities of the HOA are aimed at maintaining the systems and infrastructure of the house in proper condition, as well as meeting the needs of citizens for utilities and landscaping. The partnership carries out its activities on the basis standard contract with citizens, as well as the charter, the adoption of which is carried out through a general meeting.
To achieve the goals of the organization, residents delegate the following functions to it:
It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:
- Operational management of the common property assets of an apartment building. In addition to practical use for the provision of public services, the HOA may enter into agreements with third parties on the use of property.
- Ensuring proper payment for electricity, gas supply, water supply, as well as basic repair and improvement activities.
- Representing the interests of citizens, participation in government programs.
- Maintaining documentation (financial, accounting, statistical).
- Hiring staff and concluding contracts with contractors.
- Issuing certificates and statements about housing status, utility bills or citizens.
Unlike housing cooperatives, decision-making in HOAs is based on obtaining an overwhelming number of votes from residents, and not unanimously. Cooperative management form aimed at entrepreneurial activity, albeit in the interests of citizens living in the building. The partnership is a non-profit structure, the majority of whose operations are carried out using tax-deductible contributions. A significant part of the operations in the HOA is regulated, and the board and members of the HOA are more free in forming the charter and conducting activities.
Maintenance contract for an apartment building is drawn up between the owners of the premises and the board elected at a meeting of residents. Despite the fact that the document is developed jointly, there is no practice of collective agreement.
Form of agreement with HOA
The law does not directly describe the form of the agreement with the HOA, but allows for the application of other rules of civil law. In particular, a sample agreement for the provision of HOA services between a citizen and a legal entity regarding the provision of services must be concluded in a simple in writing(). Failure to comply with the written form does not incur liability, but deprives the parties of the obligation to comply with the obligations.
The contractual form of paperwork implies that the citizen and the organization have agreed on the terms, which is confirmed by a signature. At the same time, if the services are already actually being provided, but the contract was not concluded due to the fault of the tenant, payment for the work done is still required (,).
Information specified in the agreement with the HOA
Information is entered into the document based on charter of the partnership, the opinions of the majority of residents and the Civil Code, which defines relationships with contractors. The agreement should also not contradict the Housing Code of the Russian Federation, in particular, not infringe on the rights of citizens who have not joined the HOA.
Sample agreement between owner and HOA(you can view and download here:) includes the following elements:
- Definition of a document (service agreement for an apartment building).
- Time and place of conclusion (the date is indicated, as well as the address of the building in respect of which the agreement is being accepted).
- Parties involved in the agreements. An individual (owner) indicates passport details, a legal entity - details and information about the chairman of the partnership.
- The subject of the agreement is the measures taken by the HOA to ensure the operation of the building and the collection of utility bills. The property rights transferred under the management of the organization and the owner’s share (defined as a part of the total area, proportional to the size of the apartment) are also indicated.
- The obligations of the parties make it possible to implement the points of the agreement and determine the moment of violation of the agreements. It is indicated is it obliged partnership to hire third parties.
- The rights of the parties to the agreement allow them to dispose of property, assert their rights and demand reports, certificates and other documents related to the activities of the HOA.
- The amount of payments, as well as the conditions for accruing additional amounts for unforeseen expenses. The minimum payment amount is indicated.
- Liability arising as a result of failure to fulfill assumed obligations.
- The procedure for resolving controversial issues that arise during the operation of the HOA. Most often, a regime of mutual claims is established.
- Possibility in case of loss of ownership rights to the apartment.
- Duration and type of contract (the term is determined independently, but the type is always public, as required);
- Signatures and details of the parties (repeat).
Requirements for drawing up an agreement with an HOA
The conclusion of an agreement is impossible if a person does not have property rights or does not express a desire to enter into a partnership. At the same time, the HOA cannot refuse citizens to exercise their right to participate in the management of common property. The concluded agreement does not require notarization except in cases where the sole owner of the premises is incapacitated and has no representatives.
The person participating in the transaction must be familiar with terms of the contract, even if it did not participate in its preparation (the sample was drawn up at an earlier meeting). Persons who do not have sufficient legal capacity (for example, minors) cannot be parties to the transaction. After drawing up the agreement and its subsequent signing, each participant receives one copy.
Conclusion
Agreement with the HOA for the provision of utilities allows you to delineate the rights and obligations of the parties and create the prerequisites for uniform cooperation between the partnership and residents. The Housing Code establishes the following standards:
- The agreement is drawn up on paper and is concluded between the two parties.
- The document contains essential conditions defined in the Civil Code of the Russian Federation, as well as clauses introduced on the basis of the charter.
- The contract is concluded at the will of the tenant
- The 2017 HOA agreement can be downloaded from the website.