Salary of the chairman of the HOA: how to apply?

The Housing Code of the Russian Federation provides for the possibility of paying remuneration to the chairman and members of the board of the HOA. And if, for example, in the case of concluding an employment contract with the chairman of the HOA, the procedure for paying insurance premiums and personal income tax from the chairman’s salary does not raise any special questions, then in the absence of employment contracts, the relevance of such issues increases significantly.

In this article we will examine the issues of the size and frequency of payment of remuneration, the method of receiving it, the obligation to pay insurance premiums and personal income tax and the determination of the person obliged to make such payments (and the corresponding deductions). Additionally, we will discuss the issue of indexing pensions for members and chairmen of the HOA board who are pensioners, and also consider the issue of paying bonuses to the chairman and members of the HOA board.

Is the chairman entitled to a salary?

In order to receive a salary in Russia, you need to conclude an employment contract. This paper confirms the employment relationship between employer and employee. But in the case of the chairman of the HOA, it is not so easy to figure out who he is.

The chairman must act for the benefit of the residents of the house and defend their rights, which means that he is an employee. But, on the other hand, he has the right to give orders himself and issue wages to other employees.

Based on this, the question arises: with whom to enter into an agreement if there is no legal entity, and the chairman meanwhile has the powers of a manager?

For a long time there was no answer to this question. The HOA chairmen set their own salaries, since the law did not regulate this area in any way.

What has changed now?

Can the head of the Partnership receive remuneration for his work?

To officially payroll, an employee must enter into an employment contract with the employer.

Important. By law, a member of the board of an HOA does not have the right to combine his work on the board with work in the partnership under an employment contract. This means that legally the chairman cannot enter into employment contracts with the partnership, and therefore has no right to receive a salary. This is stated in paragraph 3.1 of Art. 147 Housing Code of the Russian Federation.

How is the chairman paid?

In 2011, a number of amendments to the Housing Code were adopted. For this reason, confusion began with the definition of the powers of the chairman. For example, the law establishes that a member of the association’s board cannot serve as the chairman of an HOA. But in reality it turns out that the chairman is chosen from among the members.

That is, it turns out that the chairman cannot work under an employment contract. What to do in this case?

This question has been very relevant for many years. It got to the point that people withdrew their candidacies, because no one wants to work for free.

Previously, Article 147 of the Housing Code was interpreted literally. Therefore, it turned out that the chairman could not work and receive a salary. But now people have realized that the interpretation of the article may be completely different. The chairman of the HOA does not receive a salary, but he is given a reward for each work. This includes repairing elevators and painting work in the entrance.

It is important to understand that such a unique salary of the HOA chairman cannot exceed 30% of the cost of the work done. That is, if the painting work costs 30,000, then the chairman will be paid a remuneration of 9 thousand rubles.

Does the chairman of the HOA have the right to receive a salary?

Two similar houses (assuming that both are managed by an HOA), built in the same period with different maintenance, may look completely different after ten years. It all depends on how carefully these houses are monitored.

Timely ongoing repairs, high-quality landscaping of courtyard areas, care of common property - all this is the merit of the head of the HOA.

Most of the chairman’s work is invisible from the outside, but over the years all the activities carried out make themselves felt. The work of the chairman is commensurate with the work of any other person who goes to work on a schedule, therefore, to the question of whether the chairman has the right to receive material remuneration for his activities, there is only one answer - he has.

The remuneration of the chairman is a settled issue, it should be . Can the chairman receive a salary or is it possible to get by with one-time rewards for his efforts?

To understand this, it is necessary to take into account that in the issue of the chairman’s salary there are a number of nuances that need to be taken into account.

The chairman of the HOA is elected by the residents themselves - this is an elected position. The term of chairmanship cannot exceed two years. After this period, the election of the chairman must be repeated.

Not all residents have the right to elect the chairman of the HOA; the candidate is determined at a meeting of the HOA board members.

Responsibilities of the chairman of the HOA

The primary task of the chairman is to constantly monitor the implementation of decisions made by the board.
Manage the work process, giving instructions to officials.
Sign financial documents.
Develop a staffing schedule for HOA employees and monitor its compliance.
Act on behalf of the partnership, protecting its interests.
Enter into agreements that do not require a board decision.

Another important function of the chairman is to ensure the stability of payments of amounts for received utility services.

The more responsibly residents take this responsibility, the better the quality of services provided to them. The fight against debtors is a constant, continuous process

Insurance premiums

If we talk about the fact that the chairman of the HOA receives a salary or remuneration, then we must also mention insurance premiums. They must be paid by each member of the partnership.

The contributions cover the chairman's expenses. These include time, travel, light and downtime during work. After all, if no work is carried out, then the chairman does not receive his remuneration.

As a rule, contributions are included in the bill for repairs and maintenance of housing. They do not exceed 5% of the total amount, which indicates a low remuneration for the chairman.

Resizing – by whom and how is it decided?

Article 145 of the Housing Code of the Russian Federation states that regulating the percentage of remuneration of the HOA manager is the authority of the general council. That is, the issue is also resolved at a general meeting of residents. The chairman himself, like other members of management, do not have the right to make decisions on increasing remuneration.

If the Charter provides for the possibility of changing remuneration, then it can be changed at any meeting. The Articles of Association may limit the maximum percentage of remuneration, and even a vote at a meeting cannot change this.

Important. When making a decision, at least 50% of all residents of the house must also be present at the meeting. Otherwise, the decision made will not be valid.

How to apply

We already know that the chairman of the HOA receives a salary, or rather, remuneration, for each work done. Perhaps someone would like to assign a reward to their loved one on their own, but the law does not allow this. For this reason, it is very important to understand how the chairman’s salary is determined.

The salary of the chairman of the HOA board is arranged in a special way. As we have already said, a person holding this post does not have the right to set his own salary. For this reason, once a month a general meeting of residents is held, at which remuneration is issued to the chairman for work carried out under his leadership.

Each person present receives an invitation to the meeting. The latter specifies the time, place and date of the event. In order for the meeting to take place and the chairman of the HOA board to receive a salary, more than half of the residents must be present. If such a number of participants is not observed, then the issue of assigning remuneration for the chairman is not considered.

During the meeting, the chairman reports on the work done and names its cost. We have already said that the average salary of the chairman of the HOA should be no less than 30% of the cost of the work performed. But meeting participants can increase this percentage if they are very satisfied with the way the chairman carries out his duties.

The decision on remuneration is made by secret or open voting. Based on the results, the amount of salary for the chairman is selected.

At the end of the meeting, a protocol is drawn up, which indicates the voting process, the final result and the proposed options.

Once all formalities have been completed, the chairman can receive his remuneration. To do this, he needs to submit an application to the tax office to receive incentives for work and withdraw money from the account.

Reward

Clause 11 of Part 2 of Article 145 of the Housing Code of the Russian Federation establishes that the competence of the general meeting of members of a homeowners’ association includes determining the amount of remuneration for members of the board of the partnership, including the chairman of the board of the partnership.

Making a decision on the payment of remuneration falls within the competence of the general meeting of HOA members, and not the general meeting of owners of the premises of an apartment building. At the same time, such a decision will be mandatory for all owners of apartment buildings, including those who are not members of the HOA.

Let us immediately note that if employment contracts are concluded between the HOA and the members and the chairman of the HOA board, in this case the HOA acts as the employer and pays the corresponding taxes and fees.

Thus, in its Letter dated April 9, 2021 No. 03-15-05/23294, the Russian Ministry of Finance comes to the conclusion that “the payment of remuneration to members of the HOA board is related to the performance of their labor functions. If the general meeting of HOA members makes a decision to pay remuneration to members of the HOA board, then in this case the HOA acts as the entity paying remuneration to the above persons. Thus, based on the provisions of paragraph 1 of Article 419 of the Tax Code, the HOA is the payer of insurance contributions for compulsory pension and compulsory health insurance and for compulsory social insurance in case of temporary disability and in connection with maternity from the amounts of remuneration made by it in favor of the members of the HOA board.” .

Taxes on remuneration

We all know that any income is subject to taxes. Chairman's remuneration is no exception. The person holding the post reports expenses to the tax office and provides information about remuneration there.

13% is subtracted from the total incentive amount and paid to the tax office. Only after tax has been deducted does the chairman have his salary in his hands.

Free labor

What to do if the chairman of the HOA is without a salary? How to format it correctly? Let's figure it out further. It happens that the members of the partnership do not consider it necessary to pay for the work of the chairman. People think that he doesn’t do anything, so there’s no reason to pay him.

What to do in this situation? If no meeting has been held within sixty days and the residents do not even talk about paying remuneration, then the chairman has the right to turn to the housing inspector for help. They will explain how to proceed further, and if necessary, they will help you file a lawsuit.

Usually the case is heard in the district court, so there will be no difficulties with filing an application. The chairman will contact the place of registration and pay the state fee. The application has a clear form and must contain information about the chairman, the defendant and the partnership itself.

The document must reflect the date from which the chairman stopped being paid, as well as the latter’s services to the members of the HOA. In addition, it is necessary to indicate the reasons why residents refuse to pay even the average salary to the chairman of the HOA.

The application must be signed by the chairman himself, and he must also put the seal of the partnership on it.

In addition, the claim will not be considered if there are no documents confirming the words of the chairman. Therefore, evidence of correctness is needed, for example, a protocol for the election of the chairman or reports on the work carried out.

The document must be typed on a computer or written with a black or blue ballpoint pen. If the application is in writing, the handwriting must be legible.

Unfortunately, such situations arise more and more often, and the court, as a rule, takes the side of the chairman. When the conscientious performance of the latter’s duties is confirmed, the remuneration is allocated from the overhaul fund. If the fund is empty, then the remuneration amount is included in the overhaul bill for each resident.

What to do if the HOA does not pay salaries

The representative of the homeowners association is obliged to carry out activities to improve housing conditions. It is clear that performing these actions is quite difficult, because this requires not only time, but also physical costs.

In general, the head of the HOA can work as much as he wants and not receive any reward for it, if there was no general meeting of residents at which the amount of his salary was established, or if the owners of the property in the building being serviced do not want to make payments to the chairman.

What should an appointed person who carries out useful and effective activities to improve living conditions do? Everything is very simple - you should contact the authorized body - the local housing inspection. If the tenant does not resolve this issue, then the chairman has the right to appeal to the territorial judicial authorities.

Two in one

Is it possible to combine the salary of the chairman and accountant of the HOA? In 2011, a bill was passed stating that a manager cannot combine primary responsibilities with others during the same working hours. That is, it turns out that the chairman has the right to conduct accounting, but this activity will not be paid. But not everything is so sad. At the meeting, the members of the partnership can agree to increase the chairman's remuneration. It is quite possible that the latter will receive additional payments if the chairman performs work that is uncharacteristic for him.

Decision on payment of remuneration and bonuses

The Housing Code of the Russian Federation does not provide for other conditions for the appointment and payment of remuneration to members and the chairman of the board of the HOA, other than its size. At the same time, we believe that, by analogy with the payment of remuneration to members (chairman) of the house council, it is necessary to provide for the procedure and conditions for payment of remuneration, as well as the procedure for determining the amount of remuneration (clause 8.1 of Article 161.1 of the Housing Code of the Russian Federation).

When choosing the amount of remuneration, you must understand that taxes and fees required by law must be paid on the amount received, so it is better to indicate that taxes are included in the amount of remuneration, or the amount of remuneration is fixed and the stipulated amount of taxes is collected from the owners in addition to the amount of remuneration.

The Sverdlovsk Regional Court came to an interesting conclusion in its appeal ruling dated September 2, 2014 in case No. 33-11033/2014. Thus, “a monthly collection of remuneration for the services of the chairman and members of the board of the partnership (including taxes) was approved in the amount of 3.03 rubles. / sq. m, of which the fee for remuneration of the chairman and members of the board of the partnership is 2.28 rubles. / sq. m, taxes - 0.75 rubles. / sq. m". Based on the above circumstances, the court of first instance concluded that the amount of remuneration for members of the board of the partnership, including the chairman of the board, was not actually established by the contested decision of the general meeting of members of the partnership. The panel of judges recognizes this conclusion as correct, since the amount paid by the members of the partnership to pay remuneration to the chairman and members of the board of the partnership may vary, since this amount is determined based on the area of the premises owned by the members of the partnership in a residential apartment building and depends on both the number of members of the partnership and and from their conscientious payment of such a fee, therefore, it is not possible to establish the amount of remuneration for the members of the board of directors of the partnership. Under such circumstances, the court of first instance came to the rightful conclusion that there were grounds to satisfy the claims regarding the recognition of the said decision of the general meeting of members of the partnership as illegal and the prohibition of charging a monthly fee for the remuneration of the services of the chairman and members of the board of the partnership in the amount of 3.03 rubles. / sq. m.

In the above ruling, the court pointed out that it is not enough to establish the amount that is paid depending on the area; it is necessary to indicate the actual amount of the remuneration. For example, not 1 ruble per square meter, but 1 ruble per square meter for a total of 10,000 rubles. Let us note that this position is quite controversial and is only the opinion of one of the courts of the subject.

It is possible to provide for the payment of bonuses based on performance. In the appeal ruling of the St. Petersburg City Court dated November 17, 2021 in case No. 33-23794/2016, the court sided with the chairman of the HOA on the issue of payment of bonuses - thus, “from the minutes of the meeting on issue 8 it follows that the HOA board has been given powers to results of the chairman’s work, pay him a one-time remuneration in the amount of no more than <...> rubles per quarter.” It should be noted that bonuses, their size, frequency and reasons for payment must also be provided for by a decision of the general meeting.

Who increases the reward

If the salary of the HOA chairman is not agreed upon with the homeowners, then problems arise. But the same owners have the right to increase the amount of incentives. After all, only the general council of the partnership can regulate the amount of remuneration.

The HOA must act according to the charter; it is the main document. This paper is referred to if it is necessary to resolve any issues or define rules. That is, if the charter contains a clause that talks about the possibility of determining remuneration by members of the partnership, then the amount of remuneration can be any.

If the charter stipulates the maximum amount of remuneration, then what salary the chairman of the HOA will be accrued depends only on it, because it is impossible to rise above this threshold.

Registration of reward

How to arrange it correctly? Payment is made in stages:

To begin with, the manager must perform any work on the management or improvement of the house, and draw up a report of the work performed . This act should reflect how much time was spent on implementation, what results were achieved, a report on the expenditure of funds, as well as its direct role.
Next, the act is presented to the board members for consideration .

Also, if the board, for some reason, cannot meet, this act is provided by the owner of the property, who meet in the form of a general building meeting.

Having studied the certificate of work done, in accordance with the charter, the percentage of money spent on improvement is calculated , in which payment will be measured.
The board member or meeting participants must agree with the amount received. Otherwise, the results of the work completion report will be revised.
If consent is received, then a decision is drawn up - a protocol in which the head of the board is allowed to withdraw a certain amount of money from the current account of the partnership as payment for labor. It is with this piece of paper that the manager must come either to the bank or to the regional operator (depending on where your partnership account is located) and receive the money.

Apartment buildings

Article 161 of the Housing Code states that homeowners have the right to choose one of the following methods of managing their home:

Management Company.
Housing cooperative or homeowners association.
Direct control. This option is only available if the house is considered small apartment (less than thirty apartments).

If there is no HOA in the house, then the homeowners manage it independently. This means they are required to choose the house council. A chairman is selected from among the council members, who assumes the duties provided for in the sixth part of Article 161.

According to the Housing Code, the general council is required to pay remuneration to the chairman. That is, to the question “Does the chairman of the HOA have the right to receive a salary?” you can confidently answer “yes”. Only it will not be called a salary, but a remuneration. This should be reflected in the verdict of the meeting.

Legislative norms

One of the questions that concerns the participants of the partnership is whether the chairman of the HOA has the right to receive a salary. The Labor Code (LC RF), namely Article 56, will help you understand this issue, which determines the mandatory registration of an employee when he is hired by an employer, who assigns specific job responsibilities to the accepted unit.

Since any work requires remuneration, the question of whether the chairman of the HOA can receive a salary is resolved positively. Salaries are set according to the clauses of the signed agreement, along with the definition of working conditions and terms of reference.

Responsibilities of the chairman of the HOA and his rights

The responsibilities of the HOA include carrying out actions aimed at maintaining comfortable living conditions, which requires the involvement of workers to perform certain repairs and maintenance of the house. The chairman of the board, concluding contracts with such performers, himself needs legal registration of his actions. Performing the functions of an employer for some, he himself needs to be hired. In relation to the residents of the house, he becomes the same worker.

If the employment parameters of hired performers are regulated by the head of the board, it becomes unclear who sets the salary of the HOA chairman, because a person cannot sign a contract with himself. Such legal difficulties contributed to the emergence of abuses on the part of chairmen who calculated their own salaries.

Such behavior is unlawful, and the procedure for calculating and processing earnings is established in accordance with the provisions of the Housing and Labor Code.

1The first thing to be determined is the form of payment to the head of the board. According to Art. 147 of the Housing Code of the Russian Federation, the chairman is part of the management apparatus of the HOA and is a member of the board. In turn, the board is elected at a meeting of owners from among the participants of the partnership. 2After choosing the composition of the board, the most competent and worthy representative is selected from among its members. He is trusted to make the most important decisions and to speak on behalf of homeowners before contractors, supervisory organizations and authorities.

Within the framework of Part 3.1 of Article 147, the right of a member of the board to combine labor activities in the same partnership is limited. Since the head is chosen from the board, a contradiction arises:

Article 147 prohibits the employment of the chairman in the HOA.
Clause 11 of Art. 145 it is allowed to assign remuneration to the head of the board.

The conclusion follows from two provisions of the legislation: it is impossible to formalize the payment of wages under an agreement with an employee, but the right to remuneration remains (for a certain range of actions).

Who can become chairman

Since the salary of the chairman of the HOA after the changes in the housing complex began to be called a remuneration, there has been a noticeable decrease in those interested in this position. But you still need to figure out what criteria a candidate for the position must meet.

A person who has reached the age of majority can become the chairman of the HOA. This is not stated in the Housing Code, but is indicated in the general norms of the Civil Code.

Also, only a fully capable person can become the chairman of the partnership. If a person has limitations in legal capacity or is completely incompetent, then there is no chance. This is due to the fact that the position involves concluding contracts and performing actions.

To become chairman, you need to nominate yourself at a council meeting. The council, in turn, consists of members of the partnership. That is, at the meeting the issue of the composition of the council is also decided.

We can conclude that only the person who is a member of the partnership can become the chairman of the partnership. But the circle of applicants is not limited to this. The following may nominate oneself:

An official at an enterprise with which the HOA has a contract.
A person who enters into a contract with a partnership to manage an apartment building.
A person working under an employment contract in a partnership.
Member of the audit committee.

After the election of the chairman, the question arises whether the chairman of the HOA receives a salary. Based on this, the person will decide whether he needs this position or not. But if there is a need to become a chairman, then you need to know how to do it.

Who is the chairman of a property owners' association?

The chairman of the property owners' association is the person who manages the maintenance of multi-storey buildings.

Can the head of an HOA receive a salary? Of course, it can, because such complex work must be paid.

Not everyone can lead an HOA. There are a number of conditions required to obtain this position:

be a member of a partnership;
be the owner of an apartment in a high-rise building that is part of a HOA.

Such conditions for obtaining the position of chairman are specified in the Housing Code of the Russian Federation. Moreover, this person may also be a government employee. The main condition is to have a home in the HOA complex.

The head of the partnership is elected at a general meeting of its members, who elect the one who will lead this organization.

The basis for the activities of the chairman is the charter, which is adopted by the members of the partnership of property owners.

Unfortunately, the Housing Code of the Russian Federation does not yet say whether the head of the HOA is an official, but it is known for sure that he has the right to work part-time. Courts and prosecutors interpret the concept of “chairman of the HOA” differently. Some say that he is an official, others think otherwise.

The Housing Code states that the head of an HOA, in accordance with Russian legislation, does not have the right to combine the post of chairman with other types of work provided for in the partnership.

By law, a person who is not the head of the partnership does not have the right to sign any documentation on behalf of the organization. If the manager signs a document from the partnership that is illegal, then he is not the only one who receives penalties. All members of the organization are responsible before the law, therefore, if you are offered the role of leader of the members of the partnership, you should remember what responsibility for people is imposed on the representative of the partnership.

The chairman of the owners' association is given a number of rights and responsibilities. What are the functions of the head of the HOA? The answer to this question is presented in the Housing Code of the Russian Federation. Here are some of the responsibilities of a representative of HOA members:

Monitoring non-violation of the homeowners' association charter.
Collection of membership fees.
Drawing up accounting documentation (drawing out estimates of income and expenses).
Hiring service companies that carry out landscaping of houses and courtyards.
Concluding agreements for the maintenance of places in high-rise buildings that relate to public areas: entrance, basement, elevator, etc.
Maintaining a list of all residents included in the association and constantly updating it in case of changes.
Conducting meetings with HOA members.

The chairman of the HOA should be aware of the full magnitude of the responsibility that he bears during his work activity. Residents have the right to file a complaint against it with Rospotrebnadzor or with the Housing Inspectorate at their place of residence. But you should be aware that penalties will be imposed on the legal entity, that is, on the HOA as a whole, and not on the person managing it. Thus, all members of the homeowners association will have to pay for the manager’s inaction.

How to apply for a position

What does the chairman of the HOA receive: salary or remuneration? We have figured it out, but it is still unclear how to fill the position.

To be able to become a chairman, you need to have housing in a certain house. This point is spelled out in Article 143 of the Housing Code. If a person rents an apartment or lives in an apartment that is rented by someone else, he cannot apply for a position.

The same article states that to join a partnership it is enough to submit an application to the chairman or the person who performs his duties.

Once you join the partnership, you need to take the next step. Namely: get on the board. The board is elected at the general meeting of the apartment building. The maximum term of the board is two years, after which elections take place again.

Article 149 of the Housing Code states that the chairman can be elected only for the period specified in the charter. Most often, both the board and the chairman are elected for the same term.

Let's derive the algorithm of actions:

Own housing that is located in the building where the partnership operates.
Write an application addressed to the chairman or the person performing the duties. This is necessary in order to join the partnership.
Wait until the term of office of the chairman and board ends.
Attend the general meeting. It is there that the issue of re-election is decided.
Be on the list of candidates for the position at the meeting.
Make as positive an impression as possible so that more participants will vote.

Everything seems simple, but in order to get on the list of candidates, you need to have the following knowledge and qualities:

In-depth knowledge of the legislation of our country.
Understand contracts and understand legal language. Without this knowledge it is impossible to work in a position.
Mastery of business communication style. The position involves communication with different social strata, which means that the chairman must be able to communicate with any people.

If all these skills are available, then only the social status or age of the applicant can become an obstacle to obtaining a position. Although it is not prohibited by law, they try to choose people with rich experience as chairmen. They are better at navigating situations and are able to effectively lead people, unlike young people.

The more successful a person is, the more likely he is to become chairman. High income and a good reference from the place of work also contribute to the sympathy of the board of the partnership.

By what rules is salary calculated and what does it consist of?

By what rules can the remuneration of the chairman of the HOA be calculated and how to draw up a circular? There have been debates for a long time about whether the position of representative of HOA members is an official position, or is it just an additional occupation? In fact, at the moment, representation in an HOA can be combined with any type of work, except for additional work in a homeowners’ association.

The Housing Code of the Russian Federation (Article 146) states that the salary of a manager is calculated by holding a meeting among residents of a multi-storey building attached to a homeowners’ association.

Previously, the amount received was not documented and could be canceled at any time. This is due to the fact that the salary of the representative of the HOA members was based on contributions provided by the residents of the apartment building, the maintenance of which is carried out by the association of property owners.

The law also provides another measure by which the chairman’s salary is calculated - the amount of work performed by the head of the HOA on a multi-storey building. For example, if the person in charge of the HOA members fixed the wiring in the house or fixed problems with the elevator system.

This approach to paying wages is quite motivating, because the more work completed, the higher the amount of payments to the account of the chairman of the property owners’ association.

There are several ways to convey information about a general meeting to residents of a high-rise building:

sorting invitation letters into residents' mailboxes;
personal delivery of information and confirmation of residents with familiarization in the form of a signature;
posting information on a notice board, which is usually installed near an apartment building;
placing an advertisement on the entrance door so that upon entering it is in front of the eyes of a resident of a high-rise building.

Thus, during the meeting of residents, the agenda of which is the appointment of remuneration for the head of the HOA, it becomes clear how salaries will be calculated - a permanent salary or payments for work performed for the benefit of the high-rise building. Most often, the second option is chosen, since none of the residents usually wants to simply pay for the presence of the manager in the position of chairman of the property management partnership.

An official decision on the amount of remuneration is made when 50 percent of the residents who took part in the meeting vote for the provision of a salary in the established amount.

After a decision is made, it is documented and the methods of making payments are recorded in it.

Job description

Each position has its own rules that must be followed. It does not matter at all what the chairman of the HOA receives - salary or remuneration, he must fulfill all the obligations assigned to him and know his rights.

A person can serve as chairman for two years. After which elections take place again.
The Chairman is obliged to comply with the laws of the country that are in force at the time of exercising his powers.
A person holding a position has no right to be negligent in his own responsibilities or to put personal gain above the interests of the partnership.
The chairman can give instructions to subordinates. It is important to remember that orders should not contradict local regulations and laws of our country.
The chairman of the partnership must supervise the activities of the board and general council.
The chairman can take initiative, which is aimed at improving the work of the HOA and the condition of the house.
The person who holds the position can represent the interests of the partnership, but a power of attorney is not required.

Remuneration of the chairman of the HOA

How is it calculated and what factors influence the amount of remuneration for the chairman of the HOA:

Type and volume of work performed.
The deadline for completing this work is the time required to achieve the task.
The amount of remuneration can be initially specified. This can be either a certain amount or an agreed percentage of the value of the entire contract.
In order to receive remuneration for the amount of work performed, the chairman is obliged to provide a completed acceptance certificate for completed work for each type of work separately, drawn up in accordance with all the rules. Only this document can be considered a legal basis for calculating remuneration. There are also requirements for filling out this paper that must be followed. It is important that this type of work is actually performed properly.
The chairman of the HOA can carry out the necessary work himself, for example, replacing a valve in the basement or installing a window in the entrance. This type of work is regulated by civil law and is not illegal. There was a volume of mandatory work that was ultimately completed, but by whom it does not matter.
After fulfilling his obligations, the chairman of the HOA board will receive the amount agreed upon for each type of work.
In practice, it often happens that in fact an HOA has been created on a house, but all management rights have been transferred to some management company. At the same time, the partnership reserves the right to lease common property and control over all financial documentation. The homeowners themselves decide how and what to spend all the additional funds raised.

Rights and obligations of the parties

In the case of interaction with the management company, the chairman is not required to constantly monitor everything that happens on a daily basis, but in the case of independently solving all problems that arise, he is required to be constantly at the workplace.

Chairman's check

Residents often wonder how to check the legality of the salary calculation for the chairman of the HOA. Residents especially often demonstrated distrust before changes were made to the Housing Code. Once the amendments were adopted, there were no questions about remuneration transparency. This is because the encouragement of the chairman depends entirely on the participants of the partnership. They decide what percentage the chairman will receive from the work performed.

Changes in legislation completely eliminate the possibility of salary fraud, because the manager reports on the work done not only to the board of the partnership, but also to the tax service. For this reason, you don’t have to worry about your money, because the reward calculation system is completely transparent.

Setting the size

Let's start with the fact that the head of the board does not have the right to set his own remuneration, or rather its size. He cannot himself calculate the amount that is due to him for carrying out any actions.

In order to thank the official for his efforts, a meeting of the owners of premises in an apartment building or a meeting of the board is held, where the acts of work done are studied and the question of calculating the amount is raised.

It is impossible to award the head of the board an amount greater than what was agreed upon at these two meetings. The head of the partnership has the right to a certain percentage of the work performed, but cannot in any way count on an amount that exceeds the amount of work performed.

Where are the terms of payment stated? Not only in the housing code.

Since the partnership is a legal entity, it has a certain local act that regulates issues within the organization. This act is called the charter.

The charter provides for establishing a percentage of the amount of work performed , which can be considered a remuneration for a specific chairman.

At the same time, the law does not regulate the lower and higher thresholds of this percentage - the main thing is that this equivalent simultaneously suits the official, the board and the meeting of home owners and does not affect too much the amount for the improvement and maintenance of the house.

You can find out whether it is necessary to conclude an employment contract with the chairman of the HOA from our article. A sample of his job description is available.