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.

Why is a chairman needed?

A housing association needs a manager in cases where:

1. the organization has bad debts;
2. the elected leadership does not have sufficient competence to solve problems;
3. The housing association does not have established contacts with resource suppliers and contract repair companies.

Lack of contacts and low competence are often present at the very beginning of the work of an HOA, when residents decide to abandon the management company.

Involving a manager subordinate to the apartment owners in the form of the HOA management allows you to obtain competent management while maintaining control over management.

To change the management company, it is necessary to hold a general meeting with the attendance of at least half of all owners, and the dismissal of a manager who cannot cope with the job is carried out by the decision of the chairman of the board, elected by residents from among trusted persons.

A housing association can operate without attracting outside specialists if the elected management has:

• sufficient free time;
• experience in the housing sector;
• well-established relationships with resource suppliers;
• ability to work with debtors.

IMPORTANT! If the management of the HOA does not have the listed data, the hired manager must have it.

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).

Schemes for misappropriation of money by an HOA accountant

1. Utility payments are collected from owners in cash, but do not reach the current account or are not received in full. Owners find out about this only when they receive messages about non-payment from service organizations. By this time, the accountant usually quits. Example: Case No. 1-95/2020, the verdict in which was passed by the Ketovsky District Court of the Kurgan Region on May 26, 2020.
2. Money from the HOA's current account is simply used to pay for the accountant's personal needs. This scheme is most likely if the chairman of the HOA trusts him with a flash drive with his electronic signature. Example: Case No. 1-280/2017, the verdict in which was passed by the Oktyabrsky District Court of Novosibirsk on 10/04/2017.
3. Relatives and acquaintances of the accountant are included in the staff and supposedly perform some kind of work. Their salary is appropriated by the accountant, but no work is performed. Example: Case No. 1-16/2018, the verdict in which was passed by the Kirovsky District Court of Samara on February 19, 2018.
4. Money is transferred by the accountant to the account for the purchase of material assets that are not actually purchased. To write off the debt from the accountable entity, fictitious procurement documents are submitted. Or valuables are acquired that are actually used for personal purposes. Example: Case No. 1-1300/19, the verdict in which was passed by the Kurgan City Court of the Kurgan Region on September 3, 2019.

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.

general information

As you know, today in our country there are two organizational and legal forms of managing an apartment building.

The first of them is a management company , an organization with a clearly established structure, rights and responsibilities in terms of management.

But the owners of premises in multiple houses do not always resort to this form. The option of a homeowners' association is much more attractive. There are a number of reasons for this.

Firstly, this organization is headed by the owners of premises in an apartment building, which means that even the top of the organization will be interested in improving the building .

Secondly, this organizational and legal form works much more harmoniously, simpler and is subordinate to the general building meeting represented by homeowners. Of course, the partnership has its own hierarchy. There is a presence of a board - active owners, as well as a chairman.

It is the chairman who is largely responsible for carrying out certain actions regarding the arrangement of common property.

But more recently, the presence of a homeowners association manager has become a common occurrence in the homeowners’ association. Many still do not know about its presence, and those who know cannot understand what kind of face it is and what important functions it performs .

If you also do not know the answers to these questions, we invite you to read the text of our article and gain new, and most importantly, useful information for yourself.

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.

Job description of the chairman and manager of the HOA

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

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

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

First of all, it is worth noting that the residents themselves are not able to maintain the house in the required condition simply because they do not always know what to take on and what to do first.

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

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

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

Workers monitor each other's actions, thereby preventing mistakes and improving work together. All work is managed by one specific person, who is present in each organizational and legal form of management.

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

At the head of the homeowners' association is the chairman - a person on whose shoulders lies many responsibilities and functions. The position of chairman implies no small responsibility, first of all, to the residents - after all, it is they who elect him to this post, which means they entrust their trust to this person.

The actions of the chairman within the framework of managing an apartment building should not be chaotic and spontaneous, but should be clearly regulated.

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

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

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

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

Of course, he can carry out all these actions according to his own inner conviction, but this is not at all a guarantee that the work of the chairman will be considered effective.

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

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

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

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

What is the difference between them

It would seem that there is no need to draw up a job description for each member of the partnership specifically, but in fact this step is essential. The fact is that the duties and powers of the chairman of the owners’ association are fundamentally different from the provisions and job responsibilities of the manager of the HOA.

These two positions have different meanings, which means they cannot use the same rules.

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

Structure and content of the document

A job description is not chaotically written rules of behavior. This is a clearly structured document that sets out the main provisions on which the activities of a particular person in the owners’ association are based.

Listing all the provisions of the instructions is quite tedious, so we will pay attention to the fundamental theses and chapters of this document.

The first section is called general provisions. It tells about what main functions are assigned to the official, by whom exactly, and most importantly, to whom the person is responsible for the performance or failure to perform these actions.

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

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

The fourth section proposes to consider the types of responsibility for committing any actions that may be applicable to the chairman. As a rule, they can be presented in the form of fines and other material sanctions, and also become a direct threat to removal from office.

The fifth paragraph highlights additional provisions. They spell out situations in which the chairman can be dismissed from office, with the exception of situations when it comes to liability measures, and also pays attention to the paragraph that states how controversial issues should be resolved within the framework of this job description.

Who compiles, issues and approves

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

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

Who is responsible for developing job descriptions for the chairman? It is not difficult to answer this question, since in addition to the director, the partnership has two more bodies that have the right to make the most important decisions.

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

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

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

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

With whom and what services you need to coordinate

An instruction is not just a hastily compiled document. Before any official accepts it and begins to implement its points, this document must be shown to one body that controls all relationships in the housing sector.

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

Validity and storage period

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

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

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

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

Alteration

Is it possible and who has the right to make changes to the approved instructions? Changes to the job description are made not at the request of one specific person, but by the decision of the entire board.

If there is a need to make changes, then the board members must decide on the introduction of innovations by voting. The chairman or manager also takes part in it.

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

Even if you are not a member of the board and had no idea that job descriptions exist, then if you have an organizational and legal form of management in the form of a partnership.

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

Sample job descriptions

Sample job description for the chairman of an HOA

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

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

1. General Provisions

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

2. Procedure for election and removal from office

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

3. Responsibilities

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

4. Working hours

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

5. Rest time

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

Acquainted ______________

(signature) (date)

Sample job description for HOA manager

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

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

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

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

CHAPTER No. 2. QUALIFICATION REQUIREMENTS.

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

CHAPTER No. 3. JOB RESPONSIBILITIES.

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

CHAPTER No. 4. RIGHTS.

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

CHAPTER No. 5. RESPONSIBILITY.

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

CHAPTER No. 6. FINAL PROVISIONS

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

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

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

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

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.

Registration of powers

In Art. 145 of the Housing Code of the Russian Federation does not indicate that the manager must be selected and appointed by the general meeting of residents, but from clause 8.1 of Art. 145 of the Housing Code of the Russian Federation, it is clear that the staffing table is approved by this very body .

The meeting will determine the need for such a member of the team for the structure of their partnership, and will pay him a salary if approved (payment of salaries is carried out according to the cost estimate, financed from the pockets of the owners).

In Art. 148 (4.5) of the Housing Code of the Russian Federation defines the procedure for attracting hired workers to cooperation, which is also the manager, the forces and competence of the HOA board. The type of contract may be different .

Employment contract

.

A full-time house manager will be formalized under an employment contract, which will be signed by the chairman on the employer’s side.

The text of the agreement must contain all sections inherent in an employment contract : subject, duties, powers, rights, salary, working hours, details of the parties.

An employee hired for such a position must have a probationary period of 3 months.

Issues of dismissal are regulated by Art. 81 Labor Code of the Russian Federation.

Civil agreement

Civil contract with the HOA manager – sample.

Based on paragraph 1 of Art. 137 of the Housing Code of the Russian Federation, the board of the HOA has the right to enter into various contracts, including the employment of civil law employees (the principle of freedom of contract - Article 421 of the Civil Code of the Russian Federation).

The main points are similar to the clauses of the employment contract; there are differences in the conditions for termination of this document (Chapter 29 of the Civil Code of the Russian Federation). The paper is also signed by the head of the board.

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.

Interaction with the partnership

This is a middle-level manager reporting directly to the head of the board. The building manager himself has under his command the entire staff of employees holding work positions .

According to his functional responsibilities, the manager constantly interacts with the chief engineer (if available) and with the accounting department, not only on issues of accounting and write-off of material resources, but also on obtaining information about debtors.

Being located most of the working time within the territory of the apartment building, the manager interacts with the HOA very closely .

Validity

When drawing up an employment contract, its type of validity is indicated - fixed-term and unlimited. Limiting the period of validity of the document implies a clear time frame for the employee’s work activity, in accordance with Article 79 of the Labor Code of the Russian Federation. At the end of the contract, it can be extended with a new document , or it means the end of the employment relationship.

As for an open-ended contract, its termination can be accomplished through early termination at the initiative of one of the parties or by bilateral agreement.

The validity period of the job description is active until the requirements for the employee’s functional obligations remain relevant, and the general rules of the labor process remain unchanged.

Is training provided?

Unfortunately, not everyone wants to go to work in an HOA. Of course, the exception is management positions. It is rare that a partnership offers favorable wages , so specialized specialists with extensive work experience, as well as appropriate education, strive to find more profitable work.

In order to ensure staffing levels, training is provided in the HOA.

This applies mainly to technical specialties, such as plumber, mechanic, and so on. Persons who are to occupy this position are sent to training courses, after which they become employees of the partnership.

Who compiles, issues and approves?

Both the employment contract and job descriptions do not have legally declared standards or a specific form, except for the requirements regarding the content.

The procedure for drawing up an employment relationship agreement and job descriptions is usually prescribed in the HOA Charter. In action - these documents are drawn up by an authorized person responsible for the document flow of the enterprise, approved at a general meeting, and endorsed by the chairman of the housing association.

Important! The question of whether the relationship between the HOA and its chairman is considered “labor” raises a lot of debate. The special position of the members of the board and the head of the HOA, as judicial practice shows, does not abolish their labor law, therefore, in controversial situations, such interactions are still more often recognized as labor.