All questions to him - who is the HOA manager and what are his responsibilities? Consideration of nuances

How is it different from the chairman of a partnership?

A significant difference between the position of chairman and manager is that the former can only be one of the owners of the house, and the manager can be an outsider.

Often chairmen are people interested in the affairs of their own house and can perform their duties for a purely symbolic fee or free of charge. And the manager is an employee with a fixed salary under an employment contract.

The chairman can act in the performance of his duties without a power of attorney (Clause 2 of Article 149 of the RF LC), and the manager is obliged to present it when interacting with a third party (Chapter 10 of the RF Civil Code).

The chairman is elected for a term of no more than two years (clause 2 of article 147 of the RF LC, clause 1 of article 149 of the RF LC), and the manager is hired for the period specified in the contract.

Read about how the chairman of the HOA is appointed here, and the specifics of calculating and processing the salary for the chairman of the HOA are described here.

Determining the size - what does the amount consist of?

There is no single salary amount for the head of an HOA. The amount will depend on the cost of the work performed - the amount consists of a certain percentage of the funds spent on the action. The head of the HOA cannot decide for himself what amount will be paid to him.

The issue of the amount of accrued remuneration is decided only by the owners of the apartments at a general meeting, where the certificates of completed work will be studied and the issue of the percentage for the chairman will be resolved. The maximum and minimum amount of payment is not established by law.

Attention. The amount paid to the manager cannot exceed the amount of work performed.

The essence of work in an apartment building

A manager is an employee who controls the implementation of such areas of the HOA’s activities as:

1. Financial and economic (prepares estimates of income and expenses, maintains financial records, works with debtor-owners).
2. Carrying out technical control and planning (can select contractors for repair work).
3. Contractual activities (may enter into written agreements with service providers, for example, waste removal).
4. Engineering and technical (conducting regular inspections of the territory entrusted to him, satisfying residents’ complaints regarding technical improvements).

Distribution of vacancies by salary

Let's consider the distribution of vacancies (with the specified salary) by salary range for 'manager (housing and communal services)' (Moscow).

Up to RUB 69,000.0: 15.38% of vacancies.

From 69000.0 rub. up to RUB 73,000.0: 15.38% of vacancies.

From 73000.0 rub. up to RUB 81,000.0: 15.38% of vacancies.

From 81000.0 rub. up to RUB 105,000.0: 23.08% of vacancies.

From 105000.0 rub. up to RUB 133,000.0: 23.08% of vacancies.

From RUB 133,000.0: 7.69% of vacancies.

The distribution of vacancies by salary can also give a rough estimate of the minimum and maximum salaries for 'manager (housing and communal services)' (Moscow).

Requirements for the applicant

A candidate for this position must have certain knowledge and skills:

• Knowledge and ability to use and apply regulations in the field of housing and communal services, administrative and labor legislation.
• Ability to navigate and read technical and design documentation of the house.
• Knowledge of the basics of economics and legal law.
• Regulation and control of labor regulations, compliance with labor protection and safety regulations, sanitary and hygienic conditions, fire safety.

Having an education in housing and communal services, construction or a related field is a big plus when deciding in favor of a candidate.

Responsibilities and rights

All responsibilities of the manager are contained in his job description and employment or civil law contract, which he is required to familiarize himself with upon employment.

The basic requirements for this position according to the instructions and contract are as follows:

• Organization of systematic checks and inspections of the territory entrusted to him and the communication systems of the house.
• Regular monitoring of the condition of the house.
• In the event of an emergency, make the fastest possible decisions and implement them.
• Act as a representative of the interests of homeowners in self-government bodies and executive authorities.
• Work with residents - inform them about news, actions taken, changes, accept requests and respond quickly to them.
• Keep records of meters around the house.
• Procure the necessary materials and supervise repair work around the house.
• Hire and fire required employees.
• Pay household bills.
• Negotiate with utility providers.
• Select contractors to carry out maintenance and repair work on an apartment building.
• Prepare estimates of expenses and income of the HOA for the year, financial reports.
• Collect debts from owners.
• Enter into written agreements.
• Take on the function of control over the implementation of various works aimed at improving the condition of the house and its territories.

Recently, more and more often they hire a manager with an anti-crisis bias to bring the apartment building out of the deplorable state into which inept management has led it.

The building manager has the following rights:

• Have information about management decisions made regarding yourself.
• Participate in debates regarding his functional responsibilities.
• Require the creation of conditions for the performance of their official duties and provide the necessary equipment, inventory, personal protective equipment, if required by the conditions of the activities performed.
• Come out with a proposal for changes in his work if this leads to its improvement.
• Request from the manager the documents and information necessary for work.
• Demand execution of the employment contract on all points.

If payment is not received

Not all HOA participants are happy that part of the collected funds is spent on the work of the chairman. Many people believe that the chairman should not work for money. As follows from the provisions of the Housing Code and the Labor Code of the Russian Federation, the chairman, although he does not receive a salary, has the right to count on remuneration.

The difficulty of receiving payment is due to the need to collect residents every time it is planned to pay the chairman's remuneration. The Housing Code (Article 45) determines the frequency, less often than which meetings should not be held. The HOA is required to meet at least once a year, which is not enough to organize monthly payments.

Taking into account the restrictions that have arisen, homeowners, at their own discretion, determine whether the chairman of the HOA may not receive a salary. When refusing to pay remuneration, HOA participants should be prepared for proceedings in court or supervisory authorities of the administration. If the chairman really worked, organized events for repairs, improvement, and regulating the work of the house, there is every chance to restore justice and demand forced payment.

The housing inspectorate or the district court at the location of the house will help restore justice.

When drawing up a claim in court, it is necessary to take into account the mandatory details:

• information about the applicant (full name, address);
• the exact name of the defendant organization (HOA) and the address of the house;
• the amount of the claim (the period for which the remuneration was not paid);
• documentary evidence of the work carried out by the chairman.

The statement of claim is submitted along with attachments that demonstrate the conduct of activities in the partnership and the results obtained (improvement actions, positive changes in the house). If there are enough documents, a decision is made to force the HOA to settle the settlement with the chairman.

Procedure for appointment to a position

In accordance with clause 4, clause 5 of Article 148 of the Housing Code of the Russian Federation, the board of the partnership is obliged to manage the house independently or enter into agreements for such management, as well as to hire appropriate employees to service the house. At a general meeting, a decision is made on the need to hire such an employee, or to enter into an agreement with the organization. The basis for the decision is the support of a majority vote of the owners.

When hiring a building manager, one of the types of contracts is concluded with him - civil or labor.

Employment contract

The employment contract with the manager contains the main points, as with any other employee:

1. subject of the agreement - what this document was concluded about - transfer to the manager of all matters related to resolving MKD issues;
2. rights and obligations of the manager - what he must do and what he has the right to;
3. liability of the manager - what will happen in the event of failure to fulfill this agreement;
4. guarantees, compensation, provision of working conditions - wages, leave and other guarantees of the Labor Code are fixed;
5. the duration of the contract and changes in its terms - until what date the document was concluded and under what conditions it can be changed;
6. legal address and details of the parties - a representative of each party, his address, bank details, contact telephone number, signatures of the parties.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

Responsibility

The HOA manager is responsible for the execution of the employment contract. If the following facts were recorded during the work process, he will be brought to administrative, criminal or civil liability:

• improper performance or failure to fulfill one's official duties;
• causing damage to someone's property;
• a crime of any nature or a violation of someone's rights.

The manager is responsible for the assets of the partnership (money in bank accounts, vehicles and various equipment on the balance sheet, etc.), and he signs an additional agreement about this when concluding an employment contract.

If the manager is proven guilty that his action/inaction led to an accident and damage to the property of the house owners (Article 160 of the Criminal Code of the Russian Federation), or is proven guilty of embezzlement of funds (Article 293 of the Criminal Code of the Russian Federation), then criminal liability will follow. in the form of a fine or imprisonment, depending on the damage caused.

On our website you will find information not only about the manager of the HOA, but also about the accountant, emergency dispatch service, as well as about the structure of the HOA.

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 here.

Dismissal

Early termination of the manager’s powers may occur in the following cases:

• by decision of the general meeting of house owners;
• by decision of the judicial authorities (in a situation of violation of the law);
• by decision of the house board.

A manager is a manager for administrative and management issues. Even if the HOA has serious problems, it can bring it to a decent level of managing its home. By hiring such an employee, the board invests funds, and in return receives a representative in various authorities who resolves issues at home, targeted spending of money, well-groomed areas and buildings, and a minimum of problems with communications.

Registration procedure

The algorithm for processing remuneration for the chairman of the HOA is as follows:

1. A meeting of homeowners is organized. Owners are informed in advance about the date and time of the event. If the turnout is less than 50%, all decisions approved at the meeting will be invalid.
2. Next, the chairman and other members of the board provide homeowners with certificates of work done in the house and surrounding area. The acts must indicate the cost of all work.
3. The percentage that will be paid as remuneration is calculated. The results are put to a vote, which can be secret or open.
4. Once everyone present at the meeting agrees to a certain value, minutes are drawn up. It states that the chairman has the right to calculate this percentage of the amount in his favor. The protocol is the very document confirming the remuneration of the chairman (how is the chairman of the HOA appointed?).
5. Then all that remains is to submit the protocol to the tax service, and also write there an application for receiving the reward. After that, he withdraws the money due to him from the account.