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 these are homeowners' associations and management companies.
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 generating 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 has become 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 our article about the pros and cons of HOAs.
It is headed by a chairman who manages the activities of this organization and is responsible for financial transactions and other issues. The homeowners' association also has its own board.
Recently, many have become interested in a new position introduced that has begun to appear in the partnership - this is the manager of the HOA. 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.
Sample civil agreement with the HOA manager.
You can find out whether it is necessary to conclude an employment agreement with the chairman of the HOA from our article. Samples of HOA job descriptions are available.
When do you enter into an agreement with the 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.
Why is a chairman needed?
A housing association needs a manager in cases where:
- the organization has bad debts;
- the elected leadership does not have sufficient competence to solve problems;
- The housing association does not have established contacts with resource suppliers and contract repair companies.
Lack of contacts and low competence are often present at the very beginning of the work of an HOA, when residents decide to abandon the management company.
Involving a manager subordinate to the apartment owners in the form of the HOA management allows you to obtain competent management while maintaining control over management.
To change the management company, it is necessary to hold a general meeting with the attendance of at least half of all owners, and the dismissal of a manager who cannot cope with the job is carried out by the decision of the chairman of the board, elected by residents from among trusted persons.
A housing association can operate without attracting outside specialists if the elected management has:
- sufficient free time;
- experience in the housing sector;
- well-established relationships with resource suppliers;
- ability to work with debtors.
IMPORTANT! If the management of the HOA does not have the listed data, the hired manager must have it.
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).
Validity
The contract can be either fixed-term , if such a condition is specified in the clauses, or unlimited .
The parties can terminate these legal relations by mutual desire, or in case of violation of the terms of the agreement by one of the parties.
Where should it be stored? The document is drawn up in two copies. The first is kept at the homeowners' association office, and the second is kept by the homeowners' association manager.
You can download samples of such important documents as the HOA charter, estimates of income and expenses, minutes of the general meeting, staffing table and service agreement with the owner on our website.
Contents of the agreement
The agreement with the hired specialist must contain the following points:
- subject of the contract;
- details of the subjects;
- rights and duties of the manager;
- responsibility of the parties to the agreement;
- working conditions, salary and guarantees;
- options for termination and changes to certain conditions;
- validity.
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.
Responsibility under the law
As part of his activities in organizing the work of the HOA, the involved administrator is accountable to:
- to the chairman;
- general meeting;
- audit commission;
- housing inspection.
When concluding a trust management agreement, the board sends a copy of the text to the housing supervisory authority, which has the right to monitor the activities of the hired administrator for compliance with housing legislation in the field of property management of multi-apartment buildings.
Once a year or quarter, the hired manager reports to the board on the work done, and sends a copy of the report to the auditor.
The manager of the partnership is responsible for his activities within the framework of:
- civil legislation;
- labor code;
- criminal code.
Civil liability arises for the person who has signed a fixed-term contract with the partnership for the provision of a number of services for the fulfillment of the terms of this contract.
REFERENCE. Financial liability arises upon concluding a rental agreement and is regulated by the norms of Chapter 39 of the Labor Code of the Russian Federation.
Usually, when concluding an employment contract, a separate agreement is signed on responsibility for the assets of the partnership, which may include financial assets placed on current accounts, as well as movable property in the form of snow removal equipment listed on the balance sheet, repair equipment, etc.
If the activities of the manager lead to accidents with significant damage to the property of the residents-owners of premises in the house, or the manager is caught in illegal embezzlement of funds, then he will be prosecuted in accordance with Art. 160 and Art. 293 of the Criminal Code of the Russian Federation, which prescribe penalties ranging from a fine to imprisonment, depending on the amount of damage caused to the partnership and residents.
So, the manager is brought into the HOA from outside to organize and establish its work in the absence of the necessary competence among the managers elected from among the residents. A detailed description in the agreement with the manager of the procedure for his regular reporting will help make his activities transparent and controlled by the owners of apartments in the building.
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;
- TIN;
- military ID;
- work book;
- diploma;
- certificate of marriage/divorce;
- certificate of advanced training (if available).
If there are letters of recommendation issued by a previous employer, they are also attached to the package of documents.
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.
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:
- Timely supply of apartment owners with utilities.
- Carrying out the necessary repair and improvement work within the established time frame.
- Carrying out work to eliminate the debts of the HOA.
- Compliance with the charter and housing legislation.
- Drawing up reports on your activities.
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 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.
What is the job?
The main activity of a specialist hired to manage an HOA is organizing the work of personnel and concluding contracts with third-party organizations that provide apartment buildings with utilities and carry out repair work.
The interaction of the involved manager with the housing association can occur in the following ways:
- full trust management;
- management of a separate area of HOA activity;
- working with contractors.
A full trust agreement involves the issuance of a power of attorney from the chairman to the manager for unlimited authority to act on behalf of the partnership. Such an agreement is concluded when anti-crisis management is necessary, when the partnership has a number of urgent problems that need to be solved in a short time to normalize the functioning of the housing and communal system of an apartment building.
Unlimited powers are also given to the manager in “lazy” HOAs created in buildings with a small number of apartments.
ATTENTION! A partial management agreement is concluded when it is necessary to establish a separate area of activity of the housing association, for example, to select permanent personnel for responsible financial positions or to organize the work of a repair service.
Often the manager is involved in establishing interaction between the HOA and companies that supply resources (heat, water, electricity, etc.); such a need often arises in the first months of the transition of an apartment building from maintenance with the help of a management company to a housing association.
In this case, a civil contract is concluded with the specialist involved and powers are transferred exclusively in the area of concluding agreements with external organizations. Specialists in this field often act as individual entrepreneurs and work under a contract simultaneously in several HOAs.
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.
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, it is necessary to coordinate this action with several services .
First, notify the meeting of homeowners.
Secondly, such an action must be carried out through the tax office .
Only upon approval of these two bodies can an employment contract be drawn up.
You can learn about which objects are on the balance sheet of the HOA, as well as what information the HOA has the right to disclose to the owners from our articles.
