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Sample agreement with homeowners' association. How do the responsibilities in the job descriptions of the HOA manager and the chairman of the board differ? Agreement for the provision of homeowners association manager services

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

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

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

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

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

Registration of the legal status of the manager

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

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

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

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

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

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

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

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

Legal status of the HOA manager

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

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

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

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

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

Concluding contracts for the provision of utility services;

Concluding other agreements on behalf of the HOA;

Hiring and firing employees;

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

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

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

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

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

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

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

Ways of interaction between the HOA and the manager

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

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

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

Afterword

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

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

Olga PERMINOVA, expert, HOA manager

First, you need to understand that this is an agreement with the HOA manager. As a rule, this is an agreement with an involved specialist, which is concluded by the chairman of the housing association in the following cases:

When none of the resident board members have the proper experience and competence.
With a large number of houses included in the partnership structure.
In the absence of free time to fully manage the partnership.
When crisis management is required.

The latter case refers to situations where an organization has accumulated large debts to resource suppliers or to credit institutions. Also, a third-party manager may be involved to transfer experience to the management of the newly created HOA for a limited period.

Parties to the agreement

The subjects of contractual relations are the housing association (on the one hand) and a specialist (on the other hand).

REFERENCE! The manager can be either an individual or an individual entrepreneur, who can act as one of the parties to the agreement in several housing organizations.

Its chairman speaks on behalf of the housing association, since his responsibility is to attract employees (part 5 of article 148 of the Housing Code of the Russian Federation).

The agreement with the hired specialist must contain the following points:

Other conditions may also be described, depending on the provisions of the charter, the purpose of attracting a specialist and the specific financial situation in this HOA.

The details indicate the current and correspondent accounts of the partnership, as well as its address, TIN and full name, and for the other party, full passport data must be provided, as well as the number of the insurance certificate and TIN.

What documents are attached?

The hired specialist must be presented with a certificate of registration of the partnership as a legal entity, and also be given a charter for review.

When registering powers, the future manager must provide:

Russian passport;
certificate of pension insurance;
military ID;
work book;
diploma;
certificate of marriage/divorce;
certificate of advanced training (if available).

When registering the employee being hired, he must be given a power of attorney to act on behalf of the management of the board, since only the chairman has the authority to act without a power of attorney (Clause 2 of Article 149 of the Housing Code of the Russian Federation).

If a civil law agreement, rather than a labor agreement, is concluded with a third-party manager, then his package of documents is limited to a passport, tax number and SNILS.

Article 149. Chairman of the board of a homeowners association

The chairman of the board of a homeowners association is elected for a period established by the charter of the association. The chairman of the board of the partnership ensures the implementation of decisions of the board, has the right to give instructions and orders to all officials of the partnership, the execution of which is mandatory for these persons.
The chairman of the board of a homeowners' association acts without a power of attorney on behalf of the partnership, signs payment documents and makes transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership, develops and submits for approval to the general meeting of members of the partnership internal rules regulations of the partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, regulations on the payment of their labor, approval of other internal documents of the partnership provided for by this Code, the charter of the partnership and decisions of the general meeting of members of the partnership.

How to compose?

For the legality of the agreement, it is important to describe all of the above points in as much detail as possible in order to avoid the occurrence of controversial situations in the future.

The subject of the agreement being concluded is the hiring of a specialist and the transfer to him of part of the rights and responsibilities of the management of the HOA under the conditions specified in such an agreement.

Rights and obligations of the parties

The list of powers of the manager may include:

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:

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.

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.

Tags: HOA

An HOA or homeowners' association is a non-profit organization that is also a legal entity. Such an organization is created for the effective management of premises, lands and other objects in joint use. Only owners of apartment buildings or land plots with residential buildings can be members of the HOA.

An HOA, like any other legal entity, operates on the basis of a charter, which is adopted at a general meeting. The charter is adopted and discussed only in the presence of all participants of the HOA, by voting. The HOA is a legal entity from the moment of its registration with the governing body. The HOA also has its own seal and bank account. In addition, the HOA has the right to hire specialists necessary to carry out certain work. It is worth noting that with such employees, just like in other organizations, an employment contract is concluded.

Russian legislation provides for the possibility of employing workers in HOAs, or concluding a civil contract with them or an agreement for the provision of paid services.

However, when concluding an employment contract, the following requirements must be met:

A specialist hired must have the necessary qualifications, which are specified in the contract.

As in other organizations, the employee must strictly comply with the labor rules established by the HOA. These rules include the employee’s work schedule, which is also prescribed in the employment contract. For failure to comply with these rules, the employee has the right to be subject to disciplinary action.

The agreement must be drawn up in proper form, with details of both parties, signatures and seals.

The HOA employment contract is a sample that can be easily found on the Internet, and you only need to fill out the necessary data.

A more interesting document is the employment contract with the chairman of the HOA, who is elected at the general meeting, the number of the majority of votes.

The chairman is elected for a term set by the HOA participants, but not more than 2 years. The chairman of the HOA has the right to work for other applicants, but only if this is agreed upon with the HOA participants. The chairman also has the right to make decisions on behalf of the entire HOA and dispose of the property entrusted to him, therefore he bears financial responsibility for damage caused to the HOA.

The contract with the chairman can be terminated only in cases provided for by additional grounds. If the chairman himself wants to terminate the employment contract, he is obliged to notify the HOA of his decision no later than a month in advance.

The employment contract with the HOA manager is no less interesting. The HOA has the right of a specialist, who will carry out the general management of the partnership, to resolve issues of the HOA's activities that are within his competence.

The contract also specifies all the functionality that the manager undertakes. It mainly consists of the following points:

the manager undertakes to represent the interests of the partnership in all institutions and organizations

the manager has the right to sign payment documents

The manager’s responsibilities include hiring and firing workers, as well as applying economic and disciplinary measures to them.

the manager has the right to sign documents relating to the HOA, as well as enter into necessary transactions.

The manager reports on the work done at HOA meetings, and also provides a report on costs and distribution of funds every quarter. The manager is a financially responsible person, therefore, in the event of damage to the property of the partnership, he must be punished and compensate for the damage.

The employment contract also stipulates the manager’s salary, vacation and the circumstances under which the contract can be terminated.

Employment contract with manager

EMPLOYMENT AGREEMENT WITH THE MANAGER

in the face. acting on the basis. hereinafter referred to as “Employer”, on the one hand, and gr. passport serial number. No. issued. residing at the address. hereinafter referred to as the “Employee”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter referred to as the “Agreement”, as follows:

This contract governs labor and other relations between the Employee and the Employer.

The contracting parties acknowledge that their rights and obligations are regulated by this contract, as well as current collective agreements (contracts), labor regulations of the company and the norms of the current legislation of Russia.

The Employee and the Employer have agreed that they will faithfully fulfill the terms of the contract and respect the mutual freedom of personal, social and political life, as well as freedom to participate in associations and public organizations.

The rights established by this contract are respected without any discrimination against the employee, regardless of his political views, religious affiliation, social origin, property status, etc.

The contracting parties also establish that changes made to this contract unilaterally have no legal force.

1. APPOINTMENT TO THE POST. RIGHTS AND OBLIGATIONS OF EMPLOYEE AND EMPLOYER

1.1. appointed to the position of Department Manager. on the basis of the order of the General Director of the company No. dated "" 2015. The manager manages the department. performing the work. which includes.

1.2. assumes the responsibilities of the Department Manager of the Company for the period of validity of the contract. The manager reports directly to the General Director of the company. When performing his official duties, the Manager must be guided by the law, the constituent documents of the Company, decisions of the General Meeting of Shareholders, orders and orders of the Executive Body of the Company, the Regulations on Personnel, his job description and proceed from the interests of the Company as a whole and his division.

1.3. All employees of the department are subordinate to the Manager.

1.4. Work under this contract is the main place of work of the Manager.

1.5. The manager is obliged:

organize the execution of the Employer’s tasks by employees of their department, ensure the most efficient operation of the department assigned to them

ensure a rational distribution of responsibilities between department employees, contribute to the creation of a normal psychological climate in the department team

carry out planning, accounting, preparation and timely submission of reports on the activities of the department

carry out the selection of candidates to fill vacant positions of employees of the division and present them to the General Director of the Company for appointment to the position, as well as ensure the appropriate use of employees

ensure compliance with rules and instructions on labor protection, sanitation and fire safety by employees subordinate to him

apply optimal methods of labor organization, as well as use positive foreign experience in team management

give specific instructions to subordinate employees on all issues within the scope of the department’s activities and monitor their implementation

carry out tasks and instructions of the General Director of the Company accurately and on time

1.6. The employer is obliged:

timely and accurately determine and adjust the main directions of the department’s activities, rationally set the goals and objectives of the specified unit

provide the department with the necessary information materials, documentation, equipment, office equipment, communications equipment and auxiliary supplies in a volume sufficient for the division to carry out its tasks, as well as

do not interfere unless absolutely necessary in the current activities of the department, if the work of the department ensures the solution of the tasks facing it in full and on time.

1.7. The Manager's permanent place of work is:

1.8. Transfer of the Manager to another job is possible only with his consent, except in cases expressly established by law.

1.9. To perform his official duties, the Manager may, by decision of the Employer or on his own initiative, go on business trips to another location with payment of expenses in the manner and amount established by law.

2. WORKING AND REST TIME

2.1. In order for the Manager to perform his duties, he is assigned irregular working hours.

2.2. The manager is assigned a day work week with days off.

2.3. The manager is granted annual paid leave of calendar days with payment of compensation in the amount established by law. Leave may be granted at any time during the working year by agreement of the parties, but annual basic leave for the first year of work may be granted no earlier than months from the date of conclusion of this contract with the written consent of the Employer.

2.4. With the consent of the Employer, the Manager may be granted leave without pay, if this is not reflected in general, in cases established by law.

3. DURATION OF THE CONTRACT

3.1. This contract is concluded for a term. from " " 2015 to " " 2015

3.2. When appointed to a position, a manager is given a probationary period of calendar months, i.e. from " " 2015 to " " 2015. If after the expiration of the test period, i.e. until " " 2015. The Employer did not issue an order to dismiss the Manager from office based on the results of the test, and the Manager continues to work, he is considered to have passed the test, and subsequent termination of this contract is allowed only on the general grounds specified in the contract or established by law. The probationary period is included in the validity period of this contract and does not interrupt or suspend it. If the test result is positive, no additional agreement between the parties to extend the contract period is required. If the test result is unsatisfactory, the General Director of the Company before the expiration of the test period, i.e. before "" 2015, issues an order to dismiss the Manager from office based on the results of the test and announces it to the Manager against receipt. From the date of issuance of such an order, this contract is considered terminated and its validity is terminated early. The manager has the right to appeal the order of dismissal based on the results of the trial in court.

3.3. After the expiration of this contract, it may, by agreement of the parties, be extended or concluded for a new term by drawing up a new contract in the prescribed manner.

4. REMUNERATION

4.1. The Employer undertakes to pay the Manager a salary in the amount of rubles per month. Due to inflation, the official salary increases by % monthly.

4.2. By decision of the Employer, the Manager is given a personal bonus to his official salary in the amount of rubles monthly.

4.3. By agreement of the parties, the size and system of remuneration may be revised. After revision, the new terms of the contract are drawn up in writing, signed by the parties and are an integral part of this contract.

4.4. The Manager pays taxes on the amount of wages and other income established by law in the amounts and manner determined by tax legislation.

4.5. Salaries are paid no later than the date of each month.

4.6. Decision (know-how, concept, proposal, etc.) of the Manager, the implementation of which allowed:

increase the profitability of the Company’s operations by at least % (based on the results of the first half of the year)

reduce the expenses of the Company's financial resources by at least % with a non-decreasing income (based on the results of the half-year)

obtain another economic effect in the form

It is the basis for payment to the Manager of a one-time remuneration in the amount of rubles.

5. RESPONSIBILITY OF THE MANAGER AND CONDITIONS FOR TERMINATION OF THE CONTRACT

5.1. In case of failure or improper performance by the Manager of his official duties established in the Personnel Regulations, job description and this contract, or infliction of material damage to the Company, he bears disciplinary, financial and other liability in accordance with the law.

5.2. Termination or termination of this contract is carried out in the manner and on the grounds provided for by the contract and legislation.

6. FINAL PROVISIONS

6.1. Damage caused to the Manager by injury or other damage to health associated with the performance of his official duties is subject to compensation in accordance with labor legislation. In the event of the death of the Manager for reasons related to his official activities, his heirs are paid compensation in the amount of rubles.

6.2. Indexation of the Manager's cash income is carried out in the manner prescribed by law.

6.3. If a dispute arises between the parties, it must be resolved through direct negotiations between the Manager and the Administration.

6.4. If the dispute between the parties is not resolved, it is subject to resolution in accordance with the procedure established by law. In cases provided for by law, the Manager has the right to appeal the Employer’s actions in court.

6.5. The terms of the contract can be changed only by mutual agreement of the parties, which is drawn up in the form of an additional agreement, which is an integral part of this contract.

6.6. All issues not regulated by this contract are subject to resolution in accordance with labor legislation.

6.7. This contract is drawn up in 2 copies: one copy is kept by the Employer, the other is kept by the Manager. Each party has the right to make, in accordance with the established procedure, the number of copies of the contract required by it.

7. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Employee Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

Video on the topic "Employment agreement, contract"

EMPLOYMENT AGREEMENT No.________

20__

Homeowners Association _____________, hereinafter referred to as the Employer, represented by _______( one of the members of the Management Board authorized by the Management Board at the meeting) ______, acting on the basis of the Charter and the Decision of the general meeting of the Homeowners Association _____________ dated ___ ________ _________. on the one hand, and citizen ____________, hereinafter referred to as the Employee, on the other hand, have entered into this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Employer undertakes to provide the Employee with work according to the labor function stipulated in this Agreement, to provide working conditions provided for by the current labor legislation, local regulations of the Employer, to pay the Employee wages on time and in full, and the Employee undertakes to personally perform the labor function specified in this Agreement , comply with the internal labor regulations in force in the organization, other local regulations of the Employer, as well as fulfill other duties provided for in the Agreement.

1.2. This Agreement establishes labor and other related relations between the Employee and the Employer. The agreement was drawn up in accordance with current legislation and is a binding document for the parties, including when resolving labor disputes between the Employee and the Employer in judicial and other bodies.

1.3. An employee is hired by the Homeowners Association _____________ for the position of Chairman of the Board of the Homeowners Association _____________.

2. VALIDITY OF THE AGREEMENT, TRIAL PERIOD

2.1. The contract was concluded for a period of up to ___ _____________ _____.

2.2. The employee must begin performing his job duties on __________ 20.

3. RIGHTS AND OBLIGATIONS OF AN EMPLOYEE

3.1. The employee is obliged:

3.1.1. Conscientiously perform your job duties as defined in this Agreement and in the Job Description.

3.1.2. Comply with the internal labor regulations and other local regulations of the Employer.

3.1.3. Observe labor discipline, carry out orders, instructions and instructions of the officials to whom he is subordinate.

3.1.4. Comply with labor standards if they are established by the Employer.

3.1.5. Comply with labor protection and fire safety requirements established by the legislation of the Russian Federation, rules and instructions on labor protection, and local legal acts of the Employer.

3.1.6. Treats with care the property of the Employer, technical means and materials entrusted to him in his service or to which he has access, and treats the property of other employees with care.

3.1.7. Immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property.

3.2. The employee has the right to:

3.2.1. Providing him with work stipulated by this Agreement, a workplace equipped in accordance with labor protection requirements.

3.2.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.

3.2.3. Rest, including paid annual leave, weekly days off, non-working holidays.

3.2.4. Compulsory social insurance in cases provided for by federal laws.

3.2.5. Other rights established by the current legislation of the Russian Federation.

4. RIGHTS AND OBLIGATIONS OF AN EMPLOYER

4.1. The employer is obliged:

4.1.1. Fulfill the obligations and requirements established by the current legislation of the Russian Federation, local legal acts of the Homeowners Association _____________ and this Agreement.

4.1.2. Provide the employee with work stipulated by the Agreement, a workplace equipped in accordance with labor protection requirements.

4.1.3. Provide the Employee with equipment, technical documentation and other means necessary to perform his job duties.

4.1.4. Pay the full amount of wages due to the Employee within the time limits established by the Internal Labor Regulations.

4.1.5. Carry out compulsory social and other insurance for the Employee in the manner established by federal laws.

4.1.6. Perform other duties established by the current legislation of the Russian Federation.

4.2. The employer has the right:

4.2.1. Require the Employee to fulfill the job duties specified in this Agreement, in the Job Description, to take care of the property of the Employer and other employees, and to comply with the Internal Labor Regulations.

4.2.2. Encourage the Employee for conscientious, effective work, bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.

4.2.3. Exercise other rights provided for by the current legislation of the Russian Federation and local regulations.

5. CONDITIONS OF PAYMENT FOR THE EMPLOYEE

5.1. The Employee's official salary is ________________ rubles per month.

5.2. The employer establishes incentives and compensation payments (additional payments, allowances, bonuses, etc.).

5.3. The employee's wages are paid by issuing cash at the Employer's cash desk.

5.4. Deductions may be made from an employee's salary in cases provided for by the legislation of the Russian Federation.

6. WORK AND REST REGIME

6.1. The employee is assigned the following working hours: irregular working hours

6.2. An employee may be required to work overtime in the manner prescribed by current legislation.

6.3. The work and rest schedule is established by the Internal Labor Regulations.

6.4. The employee is granted annual paid leave of duration:

Basic - 28 calendar days

Additional ___ calendar days.

Vacation is provided in accordance with the vacation schedule. The employee has the right to leave after six months of continuous work in accordance with this Agreement.

7. EMPLOYEE SOCIAL INSURANCE

7.1. The employee is subject to social insurance in the manner and under the conditions established by the current legislation of the Russian Federation. The responsibility and costs of insuring the Employee lie with the Employer

8. WARRANTY AND COMPENSATION

8.1. During the period of validity of this Agreement, the Employee is subject to all guarantees and compensation provided for by the current legislation of the Russian Federation.

9. RESPONSIBILITY OF THE PARTIES

9.1. In case of failure or improper performance by the Employee of his duties specified in this Agreement, violation of labor legislation, internal labor regulations, Job Description, other local regulations of the Employer, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with current legislation RF.

9.2. The employer bears financial and other liability in accordance with the current legislation of the Russian Federation.

10. FINAL PROVISIONS

10.1. The agreement is drawn up in two copies having equal legal force, one of which is kept by the Employer and the other by the Employee.

10.2. All changes and additions to this employment contract are formalized by a bilateral written agreement.

10.3. Disputes between the parties arising during the execution of the Agreement are considered in the manner established by the current legislation of the Russian Federation.

10.4. In all other respects that are not provided for in this employment contract, the parties are guided by the legislation of the Russian Federation governing labor relations.

11. DETAILS AND SIGNATURES OF THE PARTIES

Do you need an agreement with the manager?

You can call our office and we will help you draw up an agreement with the manager. Practice shows that it is important not only to find a reputable specialist, but also to properly formalize the relationship with him.

Two types of employment contracts can be concluded with the Manager by including him in the staff. or civil law, one of the forms of which is a contract for the provision of services.

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

In 2009, I was invited to the HOA Novosti to the position of manager. The initiative group insisted on having a lawyer accompany me in drawing up the contract. Unfortunately, I don’t know who initiated the appeal specifically to Olga Viktorovna, but I am sincerely grateful to him. Our cooperation and acquaintance with lawyer Ardelyanova began with my contract and continues to this day. I know that many residents of our HOA often turn to Olga Viktorovna for help and everyone speaks highly of her professionalism.

Experienced lawyers will provide legal advice on issues of drafting and concluding contracts, and will advise on how to correctly make changes or terminate the contract. Examination of contracts. Before signing a contract, consult an attorney. Consultation in the office, make an appointment with a lawyer by phone 8-926-326-44-82

We understand the management and activities of HOAs: protocols, powers of attorney and obligations

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

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

Founders and management bodies

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

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

make any amendments to the HOA charter

make a decision on the reorganization or liquidation of the partnership

elect members of the board and audit commission

set the amount of the membership fee

organize additional HOA funds - a reserve financing fund, a fund for restoration work and repairs of common property

make decisions on obtaining a loan from banks

determine the main areas for investment

approve the organization's financial activity plan

consider complaints against the current governing bodies of the HOA (we wrote about complaints here)

determine the amount of payments to active members of the partnership

make decisions on leasing controlled premises and territories.

to contents

Methods of management and maintenance

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

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

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

HOA name, address and other general information

the purpose of creating a non-profit structure

rights and obligations of HOA members

clauses that regulate the activities of the chairman of the partnership, the auditor and members of the board

procedure and frequency of collections

structure elimination algorithm.

Activities

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

This is a great opportunity to earn good additional income. After registration of the HOA, the organization has the right to engage in entrepreneurial activities as a non-profit legal entity.

a commercial

According to Article 24 of the Civil Code of the Russian Federation. The HOA has the right to carry out entrepreneurial activities if it is necessary to achieve its goals. Commercial or financial activities should include manipulations with securities - their acquisition and sale, production of goods and services.

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

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

Economic

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

use, maintenance and timely repair of controlled real estate and territory

construction of additional real estate objects in a multi-storey building (based on the decision of the meeting of HOA members)

leasing a share of a common territory or real estate.

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

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

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

Manager's responsibilities

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

Read more about the responsibilities of the chairman here.

Employment contract

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

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

Job description

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

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

Reporting to owners

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

minutes of the meeting of HOA participants, which are stored in the archives

papers confirming decisions made on issues put on the agenda - lease agreements, and reports on work performed

Charter of the Homeowners Association.

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

income and expense estimates

reports on financial activities.

See the sample here.

Receipts

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

Protocol

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

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

Power of attorney

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

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

Accounting policy

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

Seal

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

Disclosure Standard

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

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

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

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

It is important to understand that the main problem here is the lack of an actual association of property owners.

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

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

Currently, more and more often, owners of apartment buildings choose the form of management of their home - HOA, while many of them feel the need for professional management, but are not ready to transfer the board into the hands of a commercial organization. One solution to this problem is to attract

The HOA manager is an individual who is entrusted with all current administrative functions for organizing the work of the partnership.

What is the legal status of the HOA manager and what is his procedure for interaction with the homeowners’ association.

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

Manager: who is he and why is he needed?

A manager is an individual who may or may not have the status of an individual entrepreneur.

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

Registration of the legal status of the manager.

Two types of contracts can be concluded with the Manager: an employment contract, by including him in the HOA staff, or a civil law contract, one of the forms of which is a contract for the provision of services. Art. is devoted to these issues. 162 Housing Code of the Russian Federation.

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

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

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

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

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

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

Legal status of the HOA manager.

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

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

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

Concluding contracts for the provision of utility services;

Concluding other agreements on behalf of the HOA;

Hiring and firing employees;

Monitoring the implementation of maintenance, maintenance and repair work of an apartment building;

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

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

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

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

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

If desired, the manager may also be given the right to dispose of the funds of the HOA (by properly formalizing this authority in a power of attorney and bank documentation). Meanwhile, the HOA board and the chairman of the board can reserve such an important authority for themselves.

Methods of interaction between the HOA and the Manager.

In conclusion, we will consider possible models of interaction between the HOA and the HOA manager.

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

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

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

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

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

Activities

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

a commercial

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

Economic

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

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

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

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

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

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

Read more about the responsibilities of the chairman.

Employment contract

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

Job description

Reporting to owners

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

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

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

estimates of income and expenses;
reports on financial activities.

Receipts

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

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

Power of attorney

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

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

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

Accounting policy

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

Seal

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

Disclosure Standard

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

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

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