Housing, housing construction and housing savings cooperatives. Legal status of residential complexes, housing cooperatives, housing cooperatives. - Lawyer in Samara and Moscow - representation in court and legal services

Chairman of the housing cooperative - who is this?

In order to understand what kind of person this is called the chairman of the board of housing cooperatives, as well as what he does, you will need to turn to theoretical manuals and sources that one way or another regulate the procedure.

In connection with the activities performed, the head of the housing cooperative is a person who carries out his activities in accordance with vested managerial powers, and his position is elective. The chairman of the housing cooperative and the chairman of the board of the housing cooperative are one person.

At the same time, the head of the housing cooperative is elected for a certain period established by the charter, and carries out activities in accordance with the agreement.

IMPORTANT: There is a provision that regulates the activities of the chairman of the board of housing cooperatives and prescribes his main powers. If we talk about legislative sources, then Article 148 of the Housing Code prescribes the duties of the chairman of the housing cooperative, which are provided for by the charter.

What are its differences from a manager?

Very often, the position of head of housing cooperatives is confused with other positions that are no less popular and important in these organizations. So, for example, many owners and residents of an apartment building do not understand what the fundamental difference is between the manager of the housing cooperative and the chairman. Perhaps one of this position is redundant, and the owners are shelling out money for wages for these individuals completely in vain.

In fact, there are fundamentally important differences between the head of the housing cooperative and the manager.

A manager is a person who is empowered to monitor the performance of activities of housing cooperative employees, communication and communication with residents of apartment buildings, and also performs activities related to the reception of citizens.

And the chairman of the board of housing cooperatives is a person who is also involved in control functions, but he does not directly control the organizations, as well as the persons who carry out the work. Control is carried out in general and mostly nominally, on paper, in accordance with which the chairman decides whether it is necessary or, conversely, unnecessary to carry out any work.

REFERENCE: Also, the head of the housing cooperative has the right to sign all documents of the housing cooperative, be it payment papers or a work acceptance certificate, and has access to financial statements.

The manager may also be given the authority to sign papers, but this most likely relates to the plan for accepting the work carried out by the employees.

Therefore, we can conclude that the manager rather performs an executive function, replacing the head of the housing cooperative for a while, but, in general, his powers are not as broad as those of the head of the housing cooperative, and do not extend to the financial sphere of relations with residents.

We talked in more detail about the management bodies of the HOA, including the positions of the chairman and manager here.

Problems associated with the chairman of the housing cooperative and their solution

This position carries great responsibility and, despite some restrictions, some chairmen take advantage of their position. But residents can influence the solution of problems arising in connection with its activities.

The head of the board of a housing cooperative does not provide documents

It happens that there come times when the chairman of the housing cooperative does not provide documents. Then the apartment owners begin to suspect that the manager is spending their money in an inappropriate manner. And when asked to report, he refuses. Residents' actions should be as follows :

holding an extraordinary meeting of housing cooperatives;
making a decision to audit the financial activities of the cooperative;
transfer of the decision to the chairman for review and signature

If he refuses to sign the document, it must be sent by registered mail.

If the dialogue with the manager does not lead to anything, members of the housing cooperative can initiate a tax audit.

The chairman of the housing cooperative steals

In order to bring him to justice, it is necessary to have evidence. This may be a tax audit report or other official documents. You should go to the police with them and a corresponding statement.

If they refuse to initiate a criminal case, you should appeal the decision of law enforcement agencies through a lawsuit.

The head of a housing cooperative is not the owner - can this even happen and what should be done about it?

What to do if the chairman of the housing cooperative is not the owner? He doesn’t have to be one, since for membership it is enough to vote for the creation of a housing cooperative. Accordingly, he can be elected as the chairman of the organization.

Often, specialists from the management company are specially hired for this position, providing them with membership in the housing cooperative. But in this case they do not become the owner of the apartment.

Therefore, if the chairman is not the owner of the living space, there is nothing wrong with that. The main thing is that he has the appropriate membership. But if this fact is important for residents, then it must be taken into account when choosing a manager.

Rights and obligations

It is important to pay attention to the rights and responsibilities of the manager, which are prescribed not only by the charter, but also by such an important document as the regulation on the chairman of the housing cooperative. So, first let's talk about the responsibilities of the chairman of the housing cooperative, because... there are more of them than rights.

First of all, the head of the housing cooperative is obliged to master the legislative framework and skillfully use the laws in his activities.
The chairman must organize the activities of the organization in accordance with the law and the charter.
The chairman performs the functions of maintaining and repairing the building.
Also, the head of the housing cooperative controls how construction work is carried out.
This person provides residents with recalculation of payments if such a situation was necessary.
Monitors the sanitary condition of the building.
Implements measures to ensure smooth operation.
Introduces residents and occupants of the building to reporting and settlement documents.
Represents the interests of its management organization in other bodies, such as the court and or administration.
Controls the activities of the accounting department and manages the activities carried out.
Checks residents' bills.
Authorized to sign financial documents.
Monitors financial reporting.
Takes measures in connection with the presence of unauthorized actions from residents or employees of housing cooperatives.
Carries out control that ensures the satisfactory condition of the house structures.
Supervise home improvement work.
Receives residents when circumstances require it.
Monitors the progress of current or major repairs.
Checks reports on the purchase of materials.
Sends housing cooperative employees for retraining to improve their skills and the level of services provided.
Reports on the completed quarter on the work completed.

As you can see, this person has a lot of responsibilities. Since he is entrusted with a lot of responsibility, the chairman of the housing cooperative can be said to be irreplaceable.

However, the chairman of the housing cooperative also has rights and residents must also take them into account. Let's look at them.

The chairman has the legal right to enter into contracts on behalf of this organization with resource supply organizations that provide the house.
Also, the head of the housing cooperative has the right to enter into an agreement, which boils down to the transfer of management rights, as well as ownership and shared construction with housing owners.
The chairman has the right to monitor how competently and correctly the residents use their premises, namely, whether this corresponds to the purposes of use.
If the head of the housing cooperative believes that there is a threat to create an emergency or dangerous situation, he has the right to stop the tenant’s use of the real estate until the circumstances are clarified.
The Chairman has the casting vote if there is a vote for or against any activity.
The chairman has the right to independently select personnel to carry out construction work.
The chairman has the right to give instructions to his employees in accordance with the procedure established by law, as well as to demand that his instructions be carried out.

The range of rights is somewhat narrower than duties, but this is required by job descriptions and the charter of the organization.

How is he chosen and by whom?

Let's talk about who chooses the head of the housing cooperative, because this is very important for those who intend to join the housing cooperative in the near future. This person is chosen by the owners of real estate in an apartment building, that is, members of the housing cooperative (read about how to become a member of the housing cooperative and other features of the cooperative’s work here).

IMPORTANT! The appointment of the head of the housing cooperative by administrative bodies is impossible, since this is entirely the choice of the residents. At the same time, you must remember that this person is elected only from among the members of the board.

Ways to improve efficiency

The effectiveness of management depends on whether a given organization can achieve a situation where the meeting of members of the cooperative, the board of the cooperative, the audit commission and the manager are aimed at solving common problems that are personally significant for everyone, and at the same time act in the interests of the cooperative.

To ensure efficiency, there are a number of recommendations:

The composition of the board should be periodically updated, which will make the work more transparent and efficient. It is best not to completely change the composition, but to introduce new people into it every year.
The rule regarding the existence and regular work of an audit commission, the rules and procedures of which are prescribed in the charter, must be observed. At the same time, the audit commission should not go to extremes by conducting audits every day.
The rules adopted must be reasonable, feasible, consistent with the interests of the majority and properly documented.

The following mistakes should be avoided when adopting rules:

Repetitions of existing rules and laws.
Making decisions that contradict previously adopted laws and regulations.
Passing laws and regulations aimed at individuals rather than solving the problem

The procedure for electing the head of the housing cooperative

As we have already said, the head of the housing cooperative, the chairman, is elected from the members of the board, that is, it can be any person who owns real estate in an apartment building. Therefore, check out the candidates and only after that you can make a choice. In order to carry out such a procedure, it is necessary to convene a general meeting of residents.

At the meeting, the main competitors will present their candidates and meet the residents.

After this, the secretary of the meeting will be asked to vote for one or another candidate.

So, votes are given according to the listed candidates. The person who receives the most votes is the winner. However, you can always appeal the procedure if you feel that your rights have been violated. Remember that the head of the housing cooperative is elected for 2 years. The charter of housing cooperatives tells us this.

Decision making procedure

Decisions are made by the general meeting of members of the cooperative or the board. The Board is convened by the Chairman as needed. The board has the right to make decisions if at least 50% of the total number of its participants are present at its meeting. Decisions are made by a simple majority of votes. If decisions receive an equal number of votes, the chairman will have the final say. All decisions made by the board are documented in minutes of the meeting, which can later be presented to the audit commission for verification.

Documentation of the procedure for hiring a housing cooperative manager

In order to ensure that in the future the administrative authorities, as well as the Housing Inspectorate and the State Housing Supervision Authority, do not have questions about on what basis and what documents the chairman of the housing cooperative was elected, during the meeting the secretary keeps a protocol in which all the main points and incidents that took place are recorded. be at the meeting. It is in the protocol that the progress of vote counting is reflected.

ATTENTION: Thus, the entire move was recorded, which means that no one will have any questions about the basis on which the head of the housing cooperative was elected. This document must have its copies and also be available in the housing cooperative office.

Upon selection, an employment contract is concluded with the chairman of the housing cooperative. This document contains the following points.

names of the parties, their data;
basic rights and obligations of the parties;
responsibility;
terms of the contract. As a rule, such a document is urgent and is concluded for two years;
additional rights and responsibilities are listed;
list of attached papers;
The date and signature of the parties are affixed.

An employment contract can be drawn up using a standard sample form, which you can find on the Internet, or you can draw it up yourself.

The document is drawn up between the owners of the property and the person who is to assume the position of chairman.

How is a decision reviewed or canceled?

A decision made by a meeting of members of a cooperative can be changed if it has not yet been executed, but only a court can declare such a decision invalid. The decision can be changed at the next general meeting. The owner can appeal the decision in court if he did not take part in this meeting or voted against such a decision, and his rights were violated.

Also, the basis for declaring a decision illegal and invalid will be violations in its adoption. Revision or cancellation of a decision made by the board of housing cooperatives occurs in the same way.

Thus, the board of housing cooperatives is a governing body elected at a general meeting of members of the cooperative and subordinate to it , as well as having a number of powers and responsibilities prescribed in the Charter. Decisions made by the board of housing cooperatives can either be changed by it itself at the next meeting, or canceled by the court.

How are salaries determined and how are they paid?

There is no such thing as the salary of the chairman of the housing cooperative. The question arises - how to pay the chairman of the housing cooperative? This person does not have a fixed rate, and all because some residents may be indignant, because not everyone believes that the chairman’s work is necessary and does not delve into the nuances.

REFERENCE: The salary of the chairman of the housing cooperative is formed from a percentage of remuneration. This means that for each work carried out by the chairman, he receives a certain percentage, which is his earnings.

Once a quarter, the head of the housing cooperative is obliged to report to residents about the amount of his income for the current month.

Therefore, residents also have the right to control the income of the head of the housing cooperative, especially since it is entirely made up of the residents’ contributions.

Formation and payment of salaries

Determining the amount of wages that will be paid to the chairman of the housing cooperative falls entirely on the shoulders of the members of such a cooperative. That is, we can talk about a commercial mechanism for the formation of this type of payment to the specified official. The chairman's salary itself consists of several factors and can vary greatly between different cooperatives. Determining factors include:

the range of powers vested in the chairman , as well as the breadth of his responsibilities;
the size of the cooperative in quantitative terms of the residential and non-residential premises available in it;
region where the cooperative is located;
the presence of an employment contract with the chairman (if there is an agreement, then the position cannot be nominal and is necessarily endowed with a fairly wide range of rights and responsibilities, as a result of which the appropriate salary must be offered);
other factors that were determined within the framework of the constituent meeting (for example, the possibility of indexing the salary and available allowances in accordance with changes in market conditions).

Depending on the region, the remuneration received by the chairman can range from ten to forty thousand rubles.

What is the chairman's responsibility?

The chairman is a person who, in addition to rights and duties, bears responsibility.

Namely, the head of the housing cooperative is responsible for all actions that were carried out not only by himself, but also by other employees.

The responsibility of the chairman of the housing cooperative may be administrative if he violated any regulations.

Also, liability may be material in a situation if the head of the housing cooperative spoiled something, or in some other way influenced the fact that the residents and the apartment building as a whole incur losses.

There is a possibility of obtaining criminal liability in a situation where the head of the housing cooperative has committed a crime. If you follow judicial practice, most often you may encounter the fact that the chairman is engaged in misappropriation of funds and fraud.

MKD manual options

There are several ways to manage an apartment building with the help of a housing construction cooperative:

Direct management of an apartment building. In this case, the housing cooperative independently maintains common property and provides utilities. A housing cooperative may contain common property:
By attracting a service organization.
Management with the help of a Management Company. In this situation, the housing cooperative hires a Management Company, which, for a fee, undertakes to:
Carry out repair work.
Provide utility services to property owners.
Carry out other activities aimed at achieving the goals of MKD management.

The management company, in turn, provides its services:

On one's own.
With the help of contractors.

Attention! In any case, the management company will be responsible for the quality of services provided by contractors.

How does the change happen?

A change in the head of the housing cooperative occurs when the employment contract expires. In some situations, when the chairman or the residents want it, the meeting decides on the early dismissal of the chairman of the housing cooperative from his position. Let's look at a situation in which the employment contract has expired.

After the contract has expired, a meeting of residents is held and new candidates are considered. A person is selected who is appointed chairman of the housing cooperative. Within two weeks, the old chairman must bring the new one up to date, help with paperwork, and familiarize him with reporting.

Check out other articles about housing cooperatives. Read about how this body is created and registered, how to fill out applications and certificates to the housing cooperative and what fees members of the cooperative are required to pay.

How to properly conclude an employment contract with him?

This is an elective position, but the person who occupies it often signs an employment contract with the chairman of the housing cooperative. According to the Labor Code of the Russian Federation, such an agreement can be signed between the employee and the employer. Naturally, the chairman himself is the employee. But the employer in a housing cooperative is usually considered to be the general meeting of all participants in the organization , since it is the highest governing body.

Most often, the document is signed by the board member who has been entrusted with this responsibility.

The law does not prohibit choosing an authorized person among all members of the housing cooperative , but then this norm must be specified in the Charter of the housing cooperative.

In addition to choosing a person to represent the cooperative as an employer, its members also decide on the payment of the manager’s work and approve a new cost estimate.

Feedback from the chairman of the housing cooperative

The Chairman of the Housing Committee, along with ordinary members of the board or members of settlement and audit commissions, may be removed from office and recalled before the deadline of their work. The reasons for removal from office are specified in the charter. For example, the basis for recalling the chairman from office may be:

loss of ownership of living space or other premises of the cooperative;
failure to perform or improper performance of official duties, non-compliance with the norms provided for by current laws or statutory documents of the Housing Code;
causing material damage to the cooperative in the performance of official duties.

Regardless of the reason for removal from office, documentary recording of the fact that served as the basis for this is necessary. The procedure for revocation is also provided for in the charter. As a rule, the body that elected him can recall the chairman of the LCD.

Thus, the elected chairman from among the apartment owners performs legislative and administrative functions on a voluntary basis, and the organization of economic work will be the responsibility of the involved leader.

Author of the article

Responsibilities of the Chairman of the Board

The chairman of the Housing Committee is entrusted with many tasks. In order to manage residential buildings, you need to at least know the basics of economics, administration, and commercial law. The duties of the chairman of the board are determined by the charter. Their standard circle includes:

organization of board activities;
preparation of a meeting of apartment owners;
conclusion of relevant agreements;
signing contract and labor agreements;
organization of office work, accounting;
drawing up a plan and its implementation;
control over the consumption of electricity, gas and other resources;
control over receipt of payments, balance of funds in bank accounts;
proper payment of taxes, fees, other obligatory payments, debt collection;
control over the operation of main technical systems, if necessary, organization of construction work;
monitoring compliance with electrical and fire safety standards;
representation of residential complexes in court, other government organizations, and so on.

Since the chairman of the Housing Committee signs official documents of the economic and financial activities of the legal entity, from the moment he takes office, his actions fall under the rules of the law providing for the responsibility of an official of the association.

Job description of the chairman and manager of the HOA

An apartment building is a whole system of relationships that can only arise between people.

The owners of premises in such a building must contact each other regarding problems and issues of living, as well as with the people who maintain the house.

Yes, today any multi-apartment building is managed by one organization or another. There are a number of reasons for this.

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.

The management of an apartment building requires its own people - professionals who can properly arrange the functioning of the building systems in the best possible way.

Each organization that manages the house has its own internal structure.

This is done in order to most effectively carry out your activities 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.

Today we'll talk about homeowners' associations. This organization is currently considered the highest priority among residents, which means it is most often found in apartment buildings.

At the head of the homeowners' association is the chairman - a person on whose shoulders lies many responsibilities and functions. The position of chairman implies no small responsibility, first of all, to the residents - after all, it is they 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.

What is and why is a job description for the chairman needed?

A job description is a document that establishes the powers of a specific person, in our case the chairman.

Many residents, and also homeowners’ association employees, have a logical question: why exactly are such instructions needed and, most importantly, what does it give?

The chairman of a homeowners association has extensive powers. He manages funds, develops plans, accepts or rejects proposals from governing bodies.

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 of the chairman will be considered effective.

The job description of the chairman of the HOA board allows you to place the actions of the chairman within a framework, and therefore somewhat control his powers. In addition, when problematic situations arise, the chairman can refer to the instructions and not act on his own.

What is and why do we need a job description for a manager?

The manager of the homeowners association also has his own job description. This document also establishes general provisions and specific instructions for the implementation of actions to manage an apartment building.

A job description for a manager is a set of rules for behavior and performance of one’s functions, as well as recommendations on how to act in a particular difficult situation.

What is the difference between them

It would seem that there is no need to draw up a job description for each member of the partnership specifically, but in fact this step is 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.

The scope of actions of the chairman includes a significantly larger scope of rights and responsibilities than the scope of activities of the manager, however, the latter has many more functional responsibilities than the manager.

Structure and content of the document

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 official, by whom exactly, and most importantly, to whom the person is responsible for the performance or failure to perform these actions.

The second section is referred to as the official duties of the chairman and introduces us in more detail to all the nuances of the actions performed by the person.

The third section reminds us that in his position the chairman has not only responsibilities and rights. The rights of the chairman are not only listed, but also argued in detail.

The fourth section proposes to consider the types of responsibility for committing any actions that may be applicable to the chairman. 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 situations in which the chairman can be dismissed from office, with the exception of situations when it comes to liability measures, and also pays attention to the paragraph that states how controversial issues should be resolved within the framework of this job description.

Who compiles, issues and approves

You should not think that a job description is a document that is automatically assigned to the chairman as soon as he is appointed to the position.

This is wrong. In fact, the chairman receives job descriptions from certain individuals who took part in their preparation.

Who is responsible for developing job descriptions for the chairman? 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 the most important decisions.

The first is a meeting of homeowners, and the second is the board. It is foolish to assume that homeowners will be able to draw up a job description. It would probably have turned out to be a very chaotic and very legally illiterate document.

But the members of the board have every reason to propose to the chairman the developed job description; this document is accepted by the members of the board immediately after choosing a candidate from among themselves for the position of chairman.

As for the manager of the owners' association, members of the board together with the chairman have the right to draw up job descriptions for him. The instructions are given to the manager immediately after he assumes his position.

Job descriptions must contain all the necessary established points to regulate the activities of a given person, and also not contradict the norms and rules of housing legislation.

With whom and what services 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.

We are talking about a housing inspection. It is she who gets acquainted with the draft job descriptions and gives her approval or disapproval regarding their implementation.

Validity and storage period

The job description can be urgent and apply for a certain time specified in the text, or indefinite.

Then its validity period ends with the end of the chairman’s term of office.

Where should the instructions be kept? The job description must be kept in the office of the homeowners association and made available for review to any interested resident.

This is done so that each of the members of the partnership can check whether certain actions of the chairman or manager were legal or not.

Alteration

Is it possible and who has the right to make changes to the approved instructions? Changes to the job description 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.

A job description is a way of regulating the activities of certain positions, an opportunity to increase the functionality of their work, and also a way to truly find out how interested a person is in ensuring that managing a house 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.

We strongly recommend that you familiarize yourself with the main provisions of this document to be sure that your rights have not been violated and that the work is carried out effectively.

Sample job descriptions

Sample job description for the chairman of an HOA

Approved: by the general meeting of “__” ____ 200_

Approved by: the board of the HOA “_____________” Minutes No. __ dated “__” ____ 200_ Job description of the chairman of the board of the HOA “____________”

1. General Provisions

1.1. The chairman of the board of the HOA “____________” is an elected person who is elected by the board members at its meeting from among the board members elected by the general meeting of the HOA members. 1.2. In his actions, the chairman of the board is guided by the legislation of the Russian Federation, the charter of the HOA, decisions of the general meeting of HOA members, and resolutions of the HOA board. 1.3. The Chairman also accepts for execution regulatory acts of local state and executive authorities in whose territory the HOA is located, as well as decisions of judicial authorities that have entered into legal force on issues related to the activities of the HOA.

2. Procedure for election and removal from office

2.1. The election of the chairman of the HOA board occurs by a majority vote from the list of the HOA board, i.e. if there are 7 people on the board, then to elect the chairman it is necessary to receive at least 4 votes. 2.2. The chairman of the board is considered to have taken up his duties from the moment of election by the board, about which the board issues a resolution signed by the chairman and secretary of the board. If the election of the chairman occurs at the first meeting of the board after his election by the general meeting, the resolution on his election is also signed by the chairman and secretary of the general meeting present at the first meeting of the board. 2.3. Removal from the position of the chairman of the board can be initiated by members of the board only in connection with the circumstances listed in this paragraph of the instructions: 2.3.1. according to a written statement from the chairman of the board about resignation; 2.3.2. for systematic refusal to hold board meetings if board members demand them. a systematic refusal to hold a board meeting is considered if meetings are not held for more than 45 calendar days in a row; 2.3.3. for absence from work without a valid reason within 10 working days, if absence from work is documented and confirmed by the absence of the chairman at scheduled office hours and board meetings, as well as the absence of administrative and administrative activities of the chairman in relation to the MOP and employees of the HOA; 2.3.4. for the chairman carrying out activities that cause financial damage to the homeowners association as a result of abuse of his powers for personal gain, which must be confirmed by an audit of the audit commission and a corresponding court decision; 2.3.5. for refusal to hold a general reporting or reporting-election meeting within the time limits specified by law; 2.3.6. for refusal to implement decisions of general meetings of the HOA, if these decisions are legal; 2.3.7. for refusal to comply with board decisions, if these decisions are legal; 2.3.8. for refusal to provide documentation for verification by the HOA audit commission. This list of reasons for the removal of the chairman of the board from office is exhaustive and can only be supplemented by the general meeting of the HOA. 2.4. Voting on the removal of the chairman of the board from office takes place at a meeting of the board and is accepted if more than half of the list of members of the board voted for the removal, i.e. if 7 people were elected to the board, then at least 4 members of the board must vote for the removal, regardless of the actual number of members board at the moment. The chairman is removed from the moment of adoption of a resolution of the board, which is signed by the deputy chairman of the board or a person from among the members of the board leading the meeting of the board, and the secretary of the board.

3. Responsibilities

3.1. The Chairman of the Board is obliged to: 3.1.1. represent the HOA and the HOA board in state and commercial enterprises, organizations and institutions, as well as before individuals in court and arbitration; 3.1.2. organize the work of the HOA board to meet the needs of HOA members for public services; 3.1.3. engage in landscaping of the territory assigned to the house, the sanitary and environmental condition of the house; 3.1.4. bear responsibility for the condition of technical premises, lines and communications, and prevent their unauthorized seizure and use; 3.1.5. timely conclude service agreements with third-party organizations, pay for services rendered on time and correctly; 3.1.6. carry out work to collect debts from defaulters for utilities and maintenance; 3.1.7. monitor the serviceability of equipment and mechanisms and take timely measures to repair them; 3.1.8. carry out work on streamlining documentation, its improvement and quality. 3.2. As an administrator, the Chairman of the Board: 3.2.1. staffs the partnership with workers and employees to carry out statutory activities; 3.2.2. controls labor discipline and implementation of labor legislation; 3.2.3. accepts complaints and suggestions from residents, takes measures to carry out repair and preventive work; 3.2.4. within the limits of his powers, issues orders, instructions, signs contracts, makes payments, and collects debts.

4. Working hours

4.1. The working hours of the chairman of the HOA board are regulated by labor legislation. 4.2. Mandatory presence at the workplace in the boardroom is regulated by: 4.2.1. schedule of reception of citizens; 4.2.2. schedule of board meetings; 4.2.3. weekend duty schedule (home duty); 4.2.4. personal work plan. 4.3. Working hours include: 4.3.1. negotiations with representatives of enterprises, institutions and organizations in the interests of the HOA; 4.3.2. participation in court and arbitration hearings, investigative actions and commissions in the interests of the HOA; 4.3.3. trips and business trips for legal and economic reasons in the interests of the HOA; 4.3.4. holding meetings, conferences, seminars, briefings in the interests of HOAs, participation in events held by authorities and management.

5. Rest time

5.1. The rest time of the chairman of the HOA board is determined by labor legislation, corresponds to the rest time of administrative and management personnel and includes: 5.1.1. rest period during working hours; 5.1.2. weekends and holidays according to the legislation of the Russian Federation; 5.1.3. regular paid leave according to the schedule approved by the board - 28 calendar days per year; 5.1.4. administrative leave without pay, approved by decision of the board, but not more than 30 calendar days per year.

Acquainted ______________

(signature) (date)

Sample job description for HOA manager

HOUSING OWNERS' ASSOCIATION "DREAM" phone number, email address, OGRN, INN/KPP.

APPROVED by Chairman of the Board of Homeowners Association “DREAM” ______________________ A.I. Bolshakov date:____________________ m.p.

JOB DESCRIPTION OF THE MANAGER OF THE DREAM HOA CHAPTER No. 1. GENERAL PROVISIONS.

1.1. This job description defines the duties, rights and responsibilities of the manager of the DREAM HOA (hereinafter referred to as the HOA manager). 1.2. The manager of the HOA belongs to the category of technical performers. 1.3. The manager of the HOA is appointed and dismissed by decision of the board upon the proposal of the Chairman of the Board of the HOA. 1.4. The HOA manager reports (receives orders, work instructions, etc.) directly to the Chairman of the Board. 1.5. The HOA manager in his activities is guided by: – regulations, other guidance materials regulating the performance of work entrusted to the HOA manager; – methodological materials concerning the maintenance of office, household and residential premises of the building; – the charter of the HOA, local regulations, administrative documents issued by the board of the HOA, orders of the Chairman of the Board; – this job description. 1.6. During the absence of the HOA manager, his duties are performed by a person appointed in the prescribed manner, who acquires the corresponding rights and is responsible for the performance of the duties assigned to him.

CHAPTER No. 2. QUALIFICATION REQUIREMENTS.

2.1. A person who has a higher (specialized secondary) education, special training in the course “Houseowners Association Manager / Apartment Building Management” and work experience in the provision of utility services is appointed to the position of HOA manager. 2.2. The HOA manager must know: – regulatory documents in the field of housing and communal services; – design and technical documentation of the house, contractual documentation of the HOA on issues of technical operation and supply of utilities; – administrative, labor and economic legislation; – basics of economics and law; – labor regulations; – rules of labor protection, safety precautions, industrial sanitation and personal hygiene, fire safety and civil defense; – other documents necessary for the performance of duties.

CHAPTER No. 3. JOB RESPONSIBILITIES.

The main responsibility of the HOA manager is to ensure the technical operation of the house in accordance with the requirements of regulations in the field of housing and communal services. The HOA manager is obliged to: 3.1. Be present at the workplace every day (except for weekends and holidays) and monitor the work of the operation service and the proper performance by employees of their job duties. 3.2. Inform the chairman of the HOA or his deputy from the board members about cases of absence from the workplace. 3.3. Within your competence, inform your immediate supervisor about all shortcomings identified in the course of your activities and make proposals for their elimination. 3.4. Monitor: – the performance, serviceability and safety of all engineering equipment of the house (heat, water, power supply systems, elevators, dispatch communications, lighting and video surveillance systems, fire protection systems); – timely recording of requests from owners regarding home maintenance issues and their timely execution by maintenance employees; – proper sanitary condition and cleanliness of the local area (including parking, playgrounds and container areas), as well as common areas (including staircases, basements, attics, technical floors and roofs); – compliance with sanitary requirements and fire safety rules. 3.5. Regularly, but at least once a quarter, carry out an audit of individual meters for metering electricity consumption, hot water supply and hot water supply with the preparation of relevant reports. Keep records for each apartment of the actual readings of individual meters for electricity consumption, hot water supply and cold water consumption. 3.6. Regularly, but at least once a month, provide information on the HOA website about the work done and business plans. 3.7. Periodically, but at least once a week, inspect the local area and public areas. 3.8. Interact with authorized representatives of resource supply organizations and contractor organizations on issues of proper execution by the HOA of its contractual obligations, provide support and access for these persons to the engineering equipment of the house. 3.9. Exercise control over the proper fulfillment by resource supply organizations and contractor organizations of their contractual obligations to the HOA, promptly inform the board of cases of improper fulfillment of contractual obligations by contractors. 3.10. Represent the interests of the HOA in relations with government authorities and control (local administration, municipal council, fire supervision, sanitary supervision) on issues of house maintenance within its competence. 3.11. Take measures to eliminate emergencies and emergency situations in the house (leaks, accidents, equipment shutdowns), at the request of the owners, draw up reports on such situations. Personally be present at the scene of the accident and supervise the work to eliminate it. 3.12. Periodically, but at least once a month, take and record in writing the readings of common house metering devices for electrical and thermal energy, cold and hot water (with the involvement of relevant specialists or utility workers if necessary), report the readings of the devices to the accounting department of the HOA and to the accounting department of the relevant resource supply organizations. 3.13. If the standard deadlines and quality of provided housing and communal services are violated, draw up acts to reduce payments to residents. Submit the completed acts to the chief accountant for recalculation. 3.14. Ensure: – timely informing of owners about shutdowns (restrictions) of the supply of utilities and other services by placing announcements on information stands at the entrances, as well as monitoring the availability of information on the stands according to the established list; – availability and replenishment (if necessary) of technical documentation of the house (registration certificates, diagrams, plans, drawings, etc.). 3.15. Monthly inform the HOA board about the current work plans of the maintenance service, report to the board on the results of the work done. 3.16. Prepare the premises of the building (house) for autumn-winter use. 3.17. Organize timely repairs of doors, windows, locks, etc. 3.18. Purchase materials and equipment necessary for the operation and ongoing repairs of the building. 3.19. Keep a journal of accounting and movement of the partnership’s material assets transferred to it under personal responsibility. 3.20. Prepare acts for writing off material assets and submit them to the chairman of the board of the partnership for subsequent approval at a meeting of the board. 3.21. Keep a log of complaints and statements regarding the management, maintenance and operation of the building. 3.22. Pass certification and testing of professional knowledge within the time limits established by law, constantly improve your professional qualifications. 3.23. Do not disclose confidential information that has become known in connection with the performance of official duties (including about the financial condition of the HOA and the personal data of the home owners). 3.24. Make proposals to the HOA board on imposing disciplinary sanctions on maintenance service employees, as well as on their rewards. 3.25. Temporarily suspend operation service employees from work in the event of a gross violation of their job duties, internal labor regulations, labor protection rules and regulations, sanitary standards, and fire safety requirements. 3.26. When performing official duties, be polite and communicate correctly with HOA employees and home owners. 3.27. Perform other duties established by current legislation and the employment contract.

CHAPTER No. 4. RIGHTS.

The HOA manager has the right to: 4.1. Require the creation of regulatory conditions for the performance of job duties provided for in this instruction. Including the provision of the necessary equipment, inventory, personal protective equipment, benefits and compensation for work in working conditions that deviate from the norm. 4.2. Take part in the discussion of issues included in his functional responsibilities. 4.3. Get acquainted with the decisions of the organization’s management regarding its activities. 4.4. Make proposals for improving work related to the responsibilities provided for in these instructions. 4.5. Request through your immediate supervisor information and documents necessary to perform your job duties. 4.6. Within your competence, inform your immediate supervisor about all shortcomings identified in the course of your activities and make proposals for their elimination. 4.7. Involve specialists in solving the tasks assigned to him. 4.8. Improve your professional qualifications.

CHAPTER No. 5. RESPONSIBILITY.

The manager of the HOA is held accountable: - for improper performance or failure to fulfill his job duties as provided for in this job description - in the manner established by the current labor legislation of the Russian Federation; - for offenses and crimes committed in the course of their activities - in the manner established by the current administrative, criminal and civil legislation of the Russian Federation; - for causing material damage - in the manner established by the current labor legislation of the Russian Federation.

CHAPTER No. 6. FINAL PROVISIONS

This job description is compiled on the basis of the “Qualification Directory of Positions of Managers, Specialists and Other Employees” (approved by Resolution of the Ministry of Labor of Russia dated 08/21/1998 N 37) (as amended on 02/12/2014), the Labor Code of the Russian Federation

The employee is familiarized with this job description upon hiring (before signing the employment contract).

I have read this job description and have received a copy of it:

____________ manager of the HOA “DREAM” ______________________ (full name).