Employment contract with the manager of the homeowners association. Employment contract with the chairman and manager of the HOA Civil contract with the manager of the HOA sample

At the moment, in apartment buildings in which HOAs have been created, affairs are managed not only by the chairman, but also by the manager. In this regard, it is necessary to understand who the manager is, as well as what job responsibilities he must perform in accordance with what instructions.

Manager and chairman of the HOA, determining what the difference is

The legal status of the manager and the chairman of the HOA are different. Next, the main features of the legal status of each of them will be highlighted.

The chairman of the HOA is a person elected from among the participants of the HOA. The chairman can be elected by the board or all members of the partnership by voting.

Manager at HOA- a person who is hired to serve on the basis of an employment agreement or an agreement to provide him with relevant services to solve certain problems aimed at increasing the efficiency of work carried out by the partnership.

Housing legislation imposes a number of requirements on the manager, including:

• Availability of Russian citizenship;
• No criminal record for economic crimes;
• Have knowledge in the field of housing legislation, technical requirements for houses and other regulatory documents that contain provisions regulating its activities.

The chairman is vested with his powers by housing legislation, as well as the Charter that was developed by the owners’ association. The chairman exercises his powers on behalf of the partnership.

The work of the HOA manager is carried out on behalf of the partnership, but only with a power of attorney, which indicates the range of actions that the person can carry out.

Job responsibilities of the HOA manager determined by the agreement concluded between him and the chairman. You need to know that when performing his duties, the house manager is subordinate to the chairman, since the latter acts as his employer.

The manager is not required to be a participant in the partnership. In turn, the chairman can only be selected from among the members of the partnership.

The house manager, as a rule, is engaged in activities with the status of an individual entrepreneur and can hold such a position in several HOAs.

The chairman is held responsible for work not completed or for decisions made that are contrary to the interests of the owners. The chairman reports to all homeowners. The hired manager is responsible only to the chairman.

Who draws up, issues and approves job descriptions

A job description is a document on the basis of which a person elected to the position of manager carries out his activities.

Right to determine the contents of the job description are provided to the chairman of the partnership. It is he who develops its main provisions.

When drawing up the document, it contains information about the HOA that is hiring the manager. Information about what requirements are imposed on the person filling the position, his main responsibilities, rights and measures of responsibility that can be applied to the person filling the position.

After the document has been developed, it must be approved.

The HOA board has the right to approve this document.

After a person has signed an employment agreement, he must be familiar with his job description. The fact of familiarization is confirmed by the presence of a list of the building manager in the document.

Which services must be coordinated with the job description?

In addition to the board, the document must be agreed upon with government bodies that exercise various powers in the housing and communal services sector.

Such a body is the Housing Inspectorate. She must check the compliance of the document drawn up with the norms of Housing and Labor legislation. If everything is in order with the document, it is approved by the head of the body and can be subsequently executed.

Validity and storage period of the instructions

The created document may indicate its validity period, or without indicating it. In the case where an instruction has a period of time during which it has legal force, this period must be indicated in the document itself.

When such a period of time is not established, this means that it is valid until the moment a particular manager occupies the position.

The law establishes requirements for document storage.

The document is stored in the premises where the partnership is located.

Remember that the law obliges you to submit a document to any member of the HOA to verify the legality of the actions of the hired person.

The job description must be kept for three years after it has ceased to be valid.

How to make changes to a job description

Housing legislation allows for changes to be made to the instructions drawn up.

To change this document, a meeting of the board of the partnership is necessary, which will decide on the need to enter new data into the document. The chairman also participates in the discussion.

Changes to the instructions by the decision of one person are not allowed. After the instruction has been changed, the manager is obliged to familiarize himself with it. The fact of familiarization is also confirmed by his signature.

Job responsibilities of the HOA manager in an apartment building

The house manager does the following: responsibilities:

• Conclude contracts with contractors or services for the supply of resources.
• Monitor the work performed by contractors.
• Manage property and monitor the performance of duties of HOA employees.
• Receive data from control devices.
• Participate in the procedure for drawing up estimates of income and expenses of the partnership.
• Carry out inspections of the condition of equipment to prevent an emergency.
• Monitor the condition and cleaning process of the area near the apartment building.
• Receive residents, consider and execute their requests or applications.
• Know the content of the requirements for an apartment building contained in various SNiPAs and technical requirements.
• If necessary, participate in court hearings.

It should be noted that the building manager is responsible for:

1. For violation of the law in the course of activities.
2. In case of failure to fulfill obligations under agreements with third parties.
3. In case of unfair use of the material resources of the HOA.
4. In case of dishonest fulfillment of duties to receive and consider requests and applications from residents living in the house.

Job description of the HOA manager, sample

Instructions for the performance of official duties for the managing association of homeowners are drawn up in writing.

Like any other instruction, it has the following structure:

1. General provisions. This should include information about the HOA, the location of the partnership, who acts on behalf of the partnership, as well as to whom the hired manager should be directly subordinate, what requirements are imposed on the candidate, the validity period of the document (if any), information about the duration of working hours.
2. Responsibilities of the house manager. This point of the instructions is explained in the most detail.
3. Manager rights.
4. The signature of the person appointed to the position, which confirms his familiarization with the document.

You can download the building manager's instructions.

Employment contract with HOA manager, sample

As previously mentioned, relations with the building manager can be formalized in several ways:

1. Using an employment agreement;
2. With the help of an agreement on the provision of services to them.

Employment contract with the HOA manager must be drawn up in accordance with the requirements of labor legislation. Such a document is drawn up jointly by the chairman and members of the board of the partnership.

Before presenting it for signing, such a document must be approved by the tax service.

As in a regular agreement with an employee, it must reflect the following data:

1. About the parties. The document reflects who acts as the employer, as well as the personal data of the building manager. The data is indicated in accordance with the constituent documents and the person’s passport.
2. About rights and responsibilities. Which are transferred to a person in the course of his work activity.
3. About how long the document is valid.
4. On the procedure for making changes to the text of agreements.
5. On the procedure for terminating the concluded agreement.

An agreement can be concluded both with an indication of its validity period (fixed-term) and without specifying the duration of this validity. If, after the deadline specified in the document, the employer, represented by the chairman, has not terminated the agreement, this means that the agreement has been re-concluded without indicating its validity period.

A sample employment agreement with the building manager is available.

Conclusion

Thus, an apartment building, represented by members of the HOA, can invite anyone to fill the position of manager

At the moment, in apartment buildings in which HOAs have been created, affairs are managed not only by the chairman, but also by the manager. In this regard, it is necessary to understand who the manager is, as well as what job responsibilities he should perform.

Anyone who closely follows changes in legislation is aware that since 2006, it is simply pointless to demand performance from the relevant municipal structures - the government of the Russian Federation has given the green light to every owner of his apartment.

An opportunity has arisen to organize a non-profit structure whose purpose is to manage and control joint property. The homeowners' association has full control over where the money collected from residents is spent and what quality of purchased services are provided.

After collecting data on all property owners in the controlled territory, an open in-person meeting of all residents is held, at which the governing bodies of the Homeowners Association are elected. The voluntary choice is supported by the minutes of the meeting and the voting forms of each participant. The result of an election in which at least half of all property owners were present can be considered legal.

Initially determined executive body - auditor and board members, the organization's charter is approved. The term of the board of the selected group is determined by the charter. Basically it does not exceed 24 months. The highest governing body is the general meeting of members of the organization. Further, on the basis of Article 147 of the Housing Code of the Russian Federation, the chairman of the partnership is selected from among the board members, who completely manages the HOA. The meeting of members of the partnership is competent to:

• introduce any amendments to the HOA charter;
• make a decision on reorganization or;
• elect members of the board and audit commission;
• set the amount of the membership fee;
• organize additional funds for the HOA - a reserve financing fund, a fund for restoration work and repairs of common property;
• make decisions on obtaining a loan from banks;
• determine the main areas for investment;
• approve the organization’s financial activity plan;
• consider complaints against the current governing bodies of the HOA (we wrote about complaints);
• determine the amount of payments to active members of the partnership;
• make decisions on leasing controlled premises and territories.

As was said earlier, all actions and powers of the HOA management bodies strictly regulated by the adopted charter. According to this document, the frequency and timing of convening members of the partnership are determined. Often the meeting is held once every 30 days. The progress of the meeting and the decisions made are strictly recorded, and the minutes are stored in archives for a long time.

The chairman of the HOA receives payment for performing his duties, while board members work for free. The governing bodies conduct office work and accounting. Absolutely all financial issues regarding the life support of the controlled territory are brought before the court of such a non-profit organization. At the moment, the management process of the Homeowners Association is regulated by the organization’s constituent document.

The charter clearly outlines all the rights and responsibilities of the structure and governing bodies. The aspects stated in it should not contradict the legislation of the Russian Federation and local legal documents. This paper must contain:

• HOA name, address and other general information;
• the purpose of creating a non-profit structure;
• rights and obligations of HOA members;
• clauses that regulate the activities of the chairman of the partnership, the auditor and members of the board;
• procedure and frequency of collections;
• structure elimination algorithm.

Activities

To achieve the goals specified in the constituent document, the HOA has every right to carry out economic activities, on the basis of Article 152 of the Housing Code of the Russian Federation. A prerequisite for organizing an HOA is the proper delimitation of the territory; if the procedure is carried out correctly, all attics, basements and the surrounding area will be under the control of the Homeowners Association.

a commercial

According to Article 24 of the Civil Code of the Russian Federation, HOAs have the right to carry out entrepreneurial activities if they are necessary to achieve their goals. Commercial or financial activities should include manipulations with securities - their acquisition and sale, production of goods and services.

In practice, the Homeowners Association can use the financial resources that are in the account in the structure and can make decisions regarding the management of real estate and the appropriateness of its use.

The partnership may apply to the banking structure for a loan for specified needs. Members of the board and the manager can provide a share of the controlled territory for temporary use (rent) in order to obtain financial resources that will be used for the needs of the partnership. This opportunity is provided on the condition that the rights and interests of property owners are respected. How to see ? Read it by following the link.

Economic

Based on paragraph 2 of Article 152 of the Housing Code of the Russian Federation, the HOA has the right to engage in the following types of economic activities:

• use, maintenance and timely repair of controlled real estate and territory;
• construction of additional real estate objects in a multi-storey building (based on the decision of the meeting of HOA members);
• leasing a share of a common territory or real estate.

Dividends received as a result of the above operations are used for the purposes specified in the charter.

For example, this could be landscaping a yard, building a playground or gazebos, paving sidewalks or repairing a road.

If property owners use the funds received in bad faith, the partnership has the right to demand repayment in court.

Quite often, the elected chairman of the partnership does not have the opportunity, and sometimes even the desire, to leave his main place of work and devote himself entirely to good deeds. Therefore, there is an increasing tendency to attract an individual who will determine the main directions of development and work on managing the house. This person is the manager. The management of the HOA can enter into an employment contract with an individual applying for the role of manager, thereby including him in the staff of the HOA.

Read more about the responsibilities of the chairman.

Employment contract

According to Article 57 of the Labor Code of the Russian Federation, in the employment contract () of the person entering into it, it is necessary to indicate the passport details of the future employee, the name of the partnership and registration marks of the enterprise, the place and date of conclusion, and the name of the actual place of work of the employee. Labor responsibilities and conditions are indicated, as well as the work schedule, the availability and amount of compensation and payment.

In the event that the above data was not included in the employment contract, it is still considered valid. Amendments regarding missing data are made directly to the text of the contract, and unspecified conditions are indicated in a special appendix.

Job description

This document fully regulates the rights and obligations of the manager and streamlines the labor process. The job description is prescribed by the chairman and approved by the lawyers. It is drawn up in two copies, one of which remains with the management bodies of the partnership, the second is given to the manager.

The document must include the necessary skills that the manager must have, his duties and rights. To date, no legislative document has been adopted that would regulate the content and process of developing job descriptions. Therefore, the management of the HOA has the right to personally develop such a document ().

Reporting to owners

Very often, in a house managed by an HOA, “ordinary” citizens and members of the partnership coexist. Both the second category of people has the right to review the organization’s documentation, but their level of access will be different. At the moment, the algorithm for providing the requested documentation has not been developed at the state level, so which documents to show and which not is decided by the management of the HOA. Papers provided for review to ordinary residents of a multi-storey building:

• minutes of the meeting of HOA participants, which are stored in the archives;
• papers confirming decisions made on issues put on the agenda - lease agreements, and reports on work performed;
• Charter of the Homeowners Association.

In addition to all of the above papers, a community member has the right to access financial documentation, namely:

• estimates of income and expenses;
• reports on financial activities.

Receipts

One of the forms of reporting to community members is receipts for payment of membership fees. It is important that each receipt is supported by a cash register receipt and has all the HOA registration marks. Such a document must include information about the member of the partnership and his residential address. The recipient's current account and his identification code, the purpose of the payment and for what period it is made, as well as the amount of the contribution and the signature of the payer.

As previously written, when holding meetings of the Homeowners Association, the progress of the meeting and all decisions made are recorded in the protocol. The minutes display all the issues that were brought up for discussion and the measures taken. The names and surnames of the present members of the partnership must be entered with personal signatures accordingly.

The minutes are kept by a secretary who is specially invited to such events. The average statistical protocol must contain the registration number of the document, the name of the meeting indicating the nature of the meeting, the date and time of the meeting, as well as the number of people present, the agenda, indicating all the issues and reasons for the meeting. At the end of the document, it is necessary to record the voting result and sign the signatures of all those present.

Power of attorney

Quite often, for some reason, the manager cannot fully perform his functions, then in order to ensure the life of the partnership it is necessary to issue a power of attorney to the manager (). Such a document allows the employee to defend the opinion of the chairman at general meetings of members of the Homeowners Association and general meetings of property owners, and to take part in voting on all issues announced on the agenda.

Appeal in court the decision taken by the governing body of the HOA “Name”, if they violate the rights of the chairman as a member of such an organization, sign and perform other actions necessary to represent his interests at the meeting.

The manager has the right to manage the controlled territory with the right of economic management, and he can also sign documents of primary importance.

Accounting policy

Competent accounting policy () is a fairly important aspect in the development and establishment of a full-fledged HOA. It allows you to control almost all the finances and activities of the enterprise by the owners themselves, and determine the optimal legal taxation schemes. The accounting policy should cover organizational issues and reflect the formation of data by segments. Have methods for assessing the balance of assets and liabilities, regulate tariffs for services and generate information displayed in reports.

Seal

According to the Decree of the Federal State Statistics Service of the Russian Federation, maintaining strict reporting documentation, work books and primary papers requires the presence of a seal with the full name of the non-profit organization. Based on paragraph 5 of Article 135 of the Housing Code of the Russian Federation, the Homeowners Association has the right to have stamps with its name, as well as forms (we already wrote about this in the article), a registered emblem, a bank account and other details.

Disclosure Standard

Housing Code of the Russian Federation there are requirements for information disclosure HOA. The partnership must provide free access to data on the main indicators of its work, the order of work performed and its cost. All features of the disclosure and provision of such information are approved by the Organizational Information Disclosure Standard dated September 23, 2010.

In accordance with it, HOAs are required to provide data either on the website of local administration authorities or on the website of the executive branch. It is mandatory to place information on racks or stands in the entrance of the controlled building. HOAs are also required to provide data based on requests received from both members of the partnership and property owners.

According to paragraphs 6 and 15 of the Standard, the data provided on the website, stands and racks must be stored for 5 years. The local branch of the State Housing Inspectorate monitors compliance with the requirements of the Standard.

Very often, difficulties arising in the Homeowners' Association are associated with an incorrect understanding of the goals set by all members. Having completed its assigned mission, the HOA becomes simply unnecessary, poorly organized and unprepared to fulfill new obligations and plans.

The HOA management system for an apartment building belongs to the organizational type, with all its characteristic features and nuances. Without a doubt, it must be consistent with a feedback control scheme. When organizing a partnership, it should be taken into account that such a system is quite new and has not been studied, and similar analogues simply do not exist.

The management of apartment buildings must ensure favorable and safe living conditions for citizens, proper maintenance of common property in apartment buildings, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a house.

Today, more and more often in the practice of HOAs, the figure of the HOA manager appears next to the chairman of the board. This trend is quite natural; moreover, it is likely to develop, confirming the idea of ​​​​the need to combine self-government of MKD with professional management.

It is quite obvious that not in every house you can find an owner (and the chairman of the board of the HOA can only be the owner of the premises in the apartment building, who is a member of the partnership), who would have a sufficient amount of knowledge and experience, and most importantly, the desire to leave his main job in whole or in part (since the quality work of the chairman of the board requires a significant amount of time) and devote himself to working for the benefit of the whole house. Meanwhile, it is quite possible to find a person willing and able to determine the main directions of work in managing the house and control the execution of plans, while the hired manager will do all the rest of the work.

The manager of an HOA is an individual who is entrusted with all current administrative functions for organizing the work of the partnership, which may or may not have the status of an individual entrepreneur.

For your information. Recently, the practice of attracting a so-called anti-crisis manager to an HOA for a certain period of time has become widespread in order to organize the work of the partnership and transfer experience to the board.

Registration of the legal status of the manager

Two types of contracts can be concluded with the manager: an employment contract, by including it in the HOA staff, or a civil contract, one of the forms of which is a contract for the provision of services.

It should be noted that Art. 145 of the Housing Code of the Russian Federation, the involvement of a manager as a hired employee is within the exclusive competence of the general meeting of HOA members does not apply, and here is Art. 148 (4.5) the responsibilities of the HOA board include: managing apartment buildings or concluding contracts for their management; hiring workers to service apartment buildings and firing them. Thus, the issue of concluding an employment contract with the manager should be decided by the board of the HOA . In turn, the chairman of the board, in accordance with clause 2 of Art. 149 of the Housing Code of the Russian Federation can carry out transactions that, in accordance with the law and the charter of the partnership, do not require mandatory approval of the board or general meeting of members of the partnership.

If an employment contract is concluded, the position of manager with the appropriate salary must be included in the HOA staffing table within the framework of the cost estimate approved at the general meeting of HOA members in accordance with clause 8.1 of Art. 145 Housing Code of the Russian Federation. At the same time, the authority to hire workers to service apartment buildings and fire them in accordance with clause 5 of Art. 148 of the RF Housing Code refers to the responsibilities of the HOA board. Consequently, an employment contract with a manager is concluded on the basis of a decision of the board and the employment contract with a specific manager is signed by the chairman. As for termination of an employment contract, it is possible only on the grounds provided for in Art. 81 Labor Code of the Russian Federation

Possibility of conclusion civil contract with the manager due to the following circumstances:

The principle of freedom of contract (Article 421 of the Civil Code of the Russian Federation), according to which the parties can enter into an agreement, both provided for and not provided for by law or other legal acts; the provisions of paragraphs. 1 clause 1 art. 137 of the Housing Code of the Russian Federation, which, along with the right of the HOA to conclude an agreement for the management of apartment buildings, contracts for the maintenance and repair of common property in apartment buildings, and contracts for the provision of utility services, provides for the right to conclude other agreements in the interests of members of the partnership. These “others” should include the agreement with the HOA manager.

Signing a contract for the provision of services with a manager (IP) is similar to signing an employment contract. Termination of such an agreement is carried out according to the rules of Chapter. 29 of the Civil Code of the Russian Federation, namely in case of a significant violation of the terms of the agreement by one of the parties and in other cases established by the Civil Code of the Russian Federation, other laws or the agreement. The contract, as a rule, provides for the possibility of unilateral termination of the contract by one of the parties by notifying the other party about this within the period specified in the contract.

In relations with third parties, the HOA manager acts on behalf of the partnership on the basis of a power of attorney issued in accordance with Chapter. 10 Civil Code of the Russian Federation.

According to paragraph 2 of Art. 149 of the Housing Code of the Russian Federation, a power of attorney is issued by the chairman of the board of the partnership as a person entitled to act on behalf of the HOA on the basis of the charter, i.e. without additional authorization. In this case, the content of the power of attorney (the list of powers transferred to the manager) must be based on the terms of the agreement. This is important, since the manager can be transferred by proxy, say, the powers to conclude contracts for maintenance and repairs, which initially belonged to the board of the HOA, and not to its chairman. If this condition is not stipulated in the contract, but the chairman nevertheless included the specified authority in the power of attorney, then according to Art. 174 of the Civil Code of the Russian Federation, a transaction may be declared invalid by the court.

Legal status of the HOA manager

The legal status of the manager, namely his rights and obligations, must be specified either in the contract itself when concluding a civil agreement, or in the employment contract and job description.

It is clear that a manager who is an individual cannot be the executor of public services. When concluding the agreements discussed above, the provider of utilities remains the HOA, therefore the scope of the rights and responsibilities of the manager lies in the area of ​​administrative management of the HOA, as well as in the field of maintenance, maintenance and repair of the common property of the apartment building.

Unless otherwise provided by the HOA charter, the scope of powers delegated to the manager is determined by the HOA board, regardless of the type of agreement.

Depending on the degree of trust, the HOA manager can be assigned, for example, the following functions:

Selection of contractors to carry out maintenance and repair work on the common property of the apartment building (in this case, the HOA board may reserve the authority to conclude an agreement, or may also entrust it to the manager);

Concluding contracts for the provision of utility services;

Concluding other agreements on behalf of the HOA;

Hiring and firing employees;

Monitoring the implementation of work on maintenance, maintenance and repair of apartment buildings;

Representing the interests of homeowners associations in state authorities and local governments;

Preparation of estimates of income and expenses of the HOA for the year;

Preparation of a financial report of the HOA board to the owners for the annual general meeting;

Interaction with owners and members of the HOA on issues related to the work of the HOA;

Collection of debt to the HOA from the owners of premises in the house, etc.

As for the funds of the HOA, this important authority can be left to the board and chairman of the HOA. If the Manager is granted the right to dispose of the HOA's funds, this decision must be properly documented in a power of attorney and bank documentation.

Ways of interaction between the HOA and the manager

Under the first model, management is carried out by the manager, and maintenance and repairs are carried out by hired staff of the partnership. The main disadvantage of this scheme is the need to maintain a large staff of workers with constant wages. The main advantage of the model is the greater independence of the HOA from third parties. This scheme is found and justifies itself in large partnerships that unite several apartment buildings (residential complexes).

The second model: management is carried out by the manager, and maintenance and repairs are carried out by contractors under contracts with the HOA. Of course, the positive side of this model is the absence of the need to maintain its own material and technical base and the ability to choose contractors who perform this or that type of work more qualified than the hired personnel of the partnership.

Regardless of the chosen model, the work of the HOA with the manager presupposes the presence of a person responsible for managing the apartment building, who carries out the management professionally, and a permanent body of the HOA - the board, expressing the interests of the owners and monitoring the activities of the manager. The main problem when selecting a manager is that one HOA cannot always offer a qualified manager a remuneration according to his request, which is why most of the managers we know combine work in several HOAs.

Afterword

It should be understood that the manager of an HOA is not a technical specialist in an apartment building; he is rather a project manager who takes on administrative and managerial concerns, providing professional consulting and/or legal support. If the HOA manager has the status of an individual entrepreneur, he can work with his team, providing other additional services, including the services of a caretaker technician and accounting support.

If there is no professional HOA manager in the house (or the chairman of the HOA has not assumed these functions), then management functions are secretly transferred to a third party: the management company/or the company operating the house. This means that the HOA, instead of entering into direct contracts for home maintenance and maintenance services, pays for the services of an intermediary, and this is much more than the annual payment of the HOA manager. At the same time, the HOA loses not only money, but also the opportunity to control the quality and quantity of services provided, regularly paying the intermediary for these works. The result of such intermediary services is obvious: houses deteriorate, equipment becomes unusable, and owners wonder where the money is going and why there is no order in the house.

Olga PERMINOVA, expert, HOA manager

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

1. 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.
2. 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:

1. Representing the interests of the partnership in financial and supervisory organizations by proxy.
2. Disposal of material and financial assets of the housing association.
3. Resolving personnel issues, including hiring and dismissing employees of the structure, determining a list of responsibilities and monitoring the activities of employees.
4. 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:

1. Providing the involved employee with the necessary working conditions and granting authority.
2. Timely payment of wages in the established amount.
3. Providing the necessary information about agreements previously concluded by the management of the partnership.
4. 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:

1. full day;
2. 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 damages 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:

1. Dismissal of the manager at his own request.
2. Dismissal for violation of labor discipline.
3. Dismissal of a manager for failure to complete assigned tasks, failure to meet repair deadlines, etc.
4. 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.

The job description is drawn up along with the employment contract and other documents regulating labor relations. The purpose of this document is to determine the range of responsibilities, powers and rights of the employee.

Labor legislation does not require drawing up a job description. However, in order to clearly distribute responsibilities and establish functions between employees, such paper is necessary. It solves many problems: it determines who should be responsible for certain issues in the organization, what responsibility is assigned to each employee, what responsibilities are provided for the manager.

Chairman of the board

The head of the partnership is vested with broad powers. He is responsible for:

1. financial activities of the management organization;
2. signs contracts;
3. makes decisions;
4. manages the resources of the HOA.

What is the difference?

For each work unit you need to draw up a separate document, since The responsibilities and rights of the chairman and the manager differ.

If the head controls all the activities of the partnership, from accounting to receiving complaints from owners, then the manager’s sphere of activity is control over employees and their activities. The chairman's job description includes a wider range of powers and rights, in contrast to the manager's instructions.

Important! The job descriptions of these two persons must be drawn up in such a way that their functions do not overlap, and each of them has its own range of tasks.

This is how the document will help optimize the activities of the head and manager and make their work effective.

Structure and content

The job descriptions of the chairman of the board and manager of the HOA have a clearly defined structure and consist of several points:

1. General provisions. It describes the main functions of the chairman, as well as a list of regulations that he must follow.
2. Rules for election and conditions for removal. The procedure for the election and dismissal of the head is described.
3. Responsibilities. All functions are listed in detail.
4. Rights, responsibilities and powers. Responsibility and its boundaries are established, as well as actions to which the head of the partnership has and does not have the right.

The document may contain additional clauses defining special conditions provided for the post of chairman.

The job description must contain the rights and responsibilities relating exclusively to the person’s work in the HOA.

Who compiles and approves?

He is elected to his post by voting by members of the board, the partnership and the owners of the house (we talked about the procedure for electing the chairman of the HOA and how this should be documented in). It turns out that all these persons hire the chairman to fill his vacant position and themselves assign him certain responsibilities. And it is these individuals who must establish the powers and functions of their leader.

Compilation is primarily carried out by board members. They occupy the second key role in managing the house after the chairman.

The document is approved by one of the board members. He signs, dates and seals the organization. A description of the rights and obligations of the HOA manager is drawn up by the board and the chairman in two copies. The document is issued for review and further use immediately after taking up the post.

Information about the fact of approval is entered into the HOA registration book. The chairman together with members of the board are responsible for drawing up and approving the document for the manager.

The design can be of two types:

• inclusion in the employment contract;
• be a separate document.

For the convenience of the employee and those interested in his activities, it is recommended that instructions be drawn up separately.

Coordination

The document drawn up must be agreed upon with the housing inspectorate of the local administration. If inspection staff find shortcomings and shortcomings, the structure and content will have to be redone.

Attention! You should know that there are no clearly established rules for drawing up job descriptions in any law of the Russian Federation.

The basis for compilation is. It highlights the following:

• the rights and obligations of the employee must be drawn up on the basis of qualification characteristics;
• to compile it, you should be guided by the qualification directory approved by Resolution of the Ministry of Labor No. 37.

Validity and storage periods

A job description is not a mandatory document in Labor legislation. The preparation of this paper is for advisory purposes only. This means that its validity period is not limited by anything. The text of the instructions itself may not indicate the deadline.

Cancellation and expiration of the validity period is possible in the following cases:

The job description must be kept in the HOA office. The contents of the document are not confidential, so it can be available for review to any member of the partnership and the owner of the apartment building.

Can I make changes?

If the job description is approved, then changes can be made to it only if both the board and the chairman agree to it by voting. As a rule, amendments are made to the text of the document only if the staffing table changes, new positions are introduced, or the rights, responsibilities and duties of the head of the partnership change.

When the instructions change, the text is compiled anew: additional conditions are included, and what remains unchanged is included again. The amended document is approved by the members of the HOA board.

The job description is intended to establish the boundaries of authority and define the professional functions of the chairman. Despite the fact that it is not mandatory for HOA employees, its presence greatly facilitates the work of managers.

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