Each apartment building is home to a large number of people; they cannot all simultaneously interact with the authorities on issues of house maintenance, control the management company and the housing office, and resolve everyday issues of residents.
For such work, you need to choose one person, a worthy representative of the entire community of apartment owners. The head of the house is a complex, responsible job, numerous powers are complemented by a whole list of responsibilities.
What functions does the house manager perform, is there a salary for such work, what authorities can the house manager deal with? These issues are resolved by law, taking into account the current standards of the Housing Code of the Russian Federation, and some points also depend on the decisions of the residents of the apartment building.
ATTENTION! The person in charge of the house or entrance is subordinate to the general meeting of residents; it sets the terms of work for the elected representative and can terminate his powers early.
Responsibilities of the entrance supervisor in apartment buildings
Who is the senior person in the apartment building or entrance?
Legislator on elders in MKD
According to the Housing Code of the Russian Federation (LC RF), residents of individual apartments in an apartment building (MAD) must jointly maintain and manage the common property of their home.
The main governing body of the house is the meeting of its residents. It has the right to organize a homeowners association (HOA), or entrust the maintenance of the house to a specific management company (MC).
At the same time, it is advisable for residents of apartment buildings to monitor the managers they have chosen, since they all pay them money and it will not be good if the funds do not go where they should.
Some owners in an apartment building may take the initiative in this matter, but it is much easier to choose one tenant who will monitor the correct maintenance of the common home. Such a person is called the eldest for the entire house if the competence of his activities extends to the entire territory of the apartment building, or to a specific entrance.
The person in charge of both the house and the entrance is an enterprising citizen who monitors how well the people managing the house fulfill their duties.
It is worth noting that there is no such concept as “house/entrance manager” in the legislation of the Russian Federation, however, at the level of local government in almost every region of our country, this status has some legal force.
This is largely due to the fact that the residents of the apartment building themselves choose the person in charge of the house and assign certain responsibilities to him. A similar organization of management of common property in houses is determined by the Housing Code of the Russian Federation.
Rights and responsibilities of a senior
What are the responsibilities of the entrance supervisor or MKD? Functions of the entrance supervisor
A typical set of responsibilities of a senior, as a rule, includes the following provisions:
- control over the availability and quality of cleaning of the common area of all apartment building residents (entrances, elevators, stairs, etc.);
- control over the implementation of planned repairs in the apartment building, which the management company or the HOA undertakes to carry out;
- control over compliance with sanitary and hygienic requirements for the common property of apartment buildings;
- control over compliance with other contractual obligations of the management company or homeowners association;
- taking measures to organize the correction of any operational violations related to the content of the apartment building;
- the formation of proactive movements to maintain and store common property;
- carrying out explanatory work with residents of apartment buildings regarding the questions they have;
- storage of all keys to emergency exits and similar items of common property;
- checking and maintaining safety standards in the apartment building;
- assistance to those in need in obtaining government support directly related to MKD;
- contacting law enforcement agencies to organize public order in the apartment building;
- maintaining basic documentation of the apartment building, which is necessary to assert the rights of its residents (minutes of meetings, house passport, etc.);
- providing residents of apartment buildings with reports, documented and showing the results of work for a specific period of time.
Official rights of a senior under MKD
In addition to basic duties, the person in charge of the entrance or house has the right to:
- request information from the HOA or management company necessary to assert the rights of apartment building residents;
- demand that the HOA or management company correct deficiencies on their part and fulfill all contractual obligations in full;
- make proposals at meetings of apartment building residents to improve common property;
- take part in organizing the financial activities of MKD;
- provide assistance to residents of the house in paying for mandatory utility and housing services;
- send to the HOA or management company the proposals and wishes of apartment building residents to carry out any work regarding common property;
- evaluate the quality of work performed by the HOA or management company;
- initiate a meeting of apartment building residents;
- be elected to higher positions based on the nature of their specialization (for example, senior in the district).
It is worth noting that the list of powers presented above can be supplemented or, conversely, abolished. This question depends on the place of residence of the elder and the existence of any contractual obligations between him and the other residents of the apartment building.
State programs to improve yards
Often a situation arises when the issue of landscaping the local area cannot be resolved by residents together with the house council for financial reasons. There is only enough money to paint fences and benches, but broken roads and playgrounds remain that way for many years. In such cases, federal programs for urban improvement can provide support.
In 2021, the federal program “Formation of a comfortable urban environment” was formed.
This program was approved by the Resolution of the Cabinet of Ministers of the Russian Federation dated December 30, 2017 (No1710).
With the aim of improving tens of thousands of courtyards and improving the quality of the urban environment, the project will be implemented until 2024. The program is available to residents of any city where the number of residents exceeds 1000 people.
How to take part in the federal project for landscaping yards?
At the general council, it is decided what exactly needs to be done in the yard, a landscaping scheme is drawn up and an application to the city administration is drawn up. The program for creating a comfortable urban environment includes such types of work as eliminating damage inside courtyard passages, installing benches, trash cans and lanterns.
Which yards have the opportunity to participate in the program?
If the roads in the yard have not been repaired for many years, then such a yard will be landscaped first. Also, the positive decision of the administration will be influenced by the fact how regularly the residents of the house pay for housing and communal services.
Which yards cannot take part in the federal improvement program?
- in the immediate vicinity of the territory there are dilapidated houses that are subject to demolition
- repair work of utilities is planned for the current year
- the improvement application contains types of activities that have already been carried out in this territory from budget funds
- There are new buildings on the territory that have not expired the warranty period from the date of commissioning
Senior job description
How to write a job description correctly?
If the residents are most interested in the senior person in the house fulfilling their rights and responsibilities efficiently, they need to draw up a job description for the elected citizen. In the template version it looks like this:
- First point. Contains general provisions indicating the validity and significance of this instruction, as well as the legal status of the eldest.
- Second point. Defines the basic principles for choosing a senior.
- Third point. Regulates all responsibilities of the senior.
- Fourth point. Expresses all the rights of an elder.
- Fifth point. Describes the responsibility of a senior for failure to fulfill his obligations or exceeding the law.
Remuneration is set at a general meeting of owners
The general meeting of owners has the right to decide on the payment of remuneration to members of the MKD council, including the chairman of the MKD council (Part 8.1, Article 161.1 of the Housing Code of the Russian Federation).
The decision of the meeting on remuneration for the chairman of the board of MKD must contain:
— terms of payment of remuneration;
— procedure for payment of remuneration;
— the procedure for determining the amount of remuneration.
About the salary of a senior manager at the MDK or entrance
Salary of a senior worker in an apartment building
As noted earlier, the position of entrance supervisor is not fixed in the legislation of the Russian Federation. Considering this fact, the question quite reasonably arises: “Is it possible to somehow legitimize his activities and pay him a salary?” Let's try to figure it out.
Firstly, it is worth noting that the senior manager can work:
- or free of charge;
- or on a paid basis.
At the same time, the citizen selected for this position cannot be a representative of either the HOA or the management company.
Taking this rule into account, it becomes clear that it will not be possible to include a note in utility payments about payment for the services of the elder. In such a situation, there are several options to reward the worker:
- The first is to conclude a service agreement with him. To correctly draw up and comply with all legal norms of such an agreement, it is impossible to do without the help of a professional lawyer, so the first thing you need to do is visit this specialist.
- The second is to pay the elder for his work informally, that is, by directly transferring the funds collected by the residents into his hands.
- And the third is to agree with the management company on the partial or full distribution of the senior’s obligations to pay utility bills among other residents of the apartment building.
Regardless of the chosen option for remunerating the work of the senior person at the entrance or at home, it is important to transfer funds in a manner that does not violate the current legislation of the Russian Federation. Otherwise, there is a considerable risk of being prosecuted. Remember this.
As you can see, the activities, rights and responsibilities of the entrance supervisor in apartment buildings are not difficult to consider if you carefully analyze the Housing Code of the Russian Federation and some other legal acts of our country.
What benefits does a building manager have?
Remember! Each region of the country independently establishes the benefits that are provided to such a category of citizens as a house manager.
For example, the Moscow Government, by its Resolution No. 328 of April 13, 1999, completely exempted such persons from payments:
- for garbage removal;
- for the intercom call system;
- for the maintenance of a concierge.
The management company may assign additional payments in the form of a certain percentage of the official salary. However, such a decision must be agreed upon with the owners of the apartments in a multi-apartment residential building or carried out at the expense of the company.
The choice of a building manager should be approached thoughtfully, taking into account the personal qualities of the applicant for this position: does he enjoy authority among the residents of the building, does he have organizational skills, and what kind of education does he have? It is preferable that the candidate be legally literate.
Features of calculating earnings
In the process of appointing a person in charge, it is necessary to understand that the established responsibilities cannot always be fulfilled in full. The reason is not only the human factor, but the fact that the worker requires financial interest.
The responsibilities of the person in charge are real work, and they must be paid. Salaries for performing required duties are included in expenses related to the provision of housing and communal services. The amount of monthly earnings is established exclusively within the framework of a meeting of owners.
Compensation for expenses incurred
Along with the senior salary, standard expense items also include compensation for expenses that were caused by work needs. In modern housing, two options are used to reimburse the amounts spent:
- The management company returns the money to the account. This is not a very easy way. It puts a person in a certain dependence on this organization. Moreover, the interests of such a company quite often do not coincide with the personal interests of the residents.
- Residents of apartment buildings pay the costs. This is the best solution to such an issue. You don’t have to highlight a separate column in the costs that relate to paying for utilities.
Payment transfer rules
Even if the owners agree to pay the salary to the responsible person, getting it is not as easy as it might seem. The elder should not even try to collect the due funds. This is a time-consuming and completely thankless task. Those who tried to get a salary on their own, or demand money from tenants, were forced to leave the position to which they were appointed.
There is a more effective method of calculating the due salary for a senior. This process can be organized through a special apparatus of the management company assigned to the house.
In this case, the following sequence of actions is noted:
- Obtains approval from meeting participants.
- The rules for calculating salary and the amount of remuneration are determined.
- A request is sent to activate the corresponding item in the list of expenses for housing and communal services.
In essence, a person who has been appointed to a responsible position formally gets a job in the management organization. The senior needs to be prepared that not the entire assigned amount will be transferred to his account as a salary. About 50% of the funds will be transferred to pay taxes and standard contributions to the Pension Fund of the Russian Federation.
To reduce the amount of such deductions, the person who has been appointed senior should register an individual entrepreneur and then enter into a formal agreement with the manager. In this situation, the deduction from the accrued amount of earnings will be approximately 10%.
