Sample agreement with the manager of the HOA. Job description of the HOA manager, duties and employment contract

The management of the MKD should ensure favorable and safe living conditions for citizens, the proper maintenance of common property in the MKD, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house.

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

It is quite obvious that it is far from possible to find an owner in every house (and only the owner of the premises in the MKD, who is a member of the partnership, can be the chairman of the board of the HOA), who would have sufficient knowledge and experience, and most importantly, the desire to leave completely or partially his main job (because the quality work of the chairman of the board requires a significant amount of time) and dedicate yourself to working for the good of the whole house. Meanwhile, it is quite possible to find a person who is willing and able to determine the main directions of work in managing the house and control the execution of the plan, while the hired manager will do the rest of the work.

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

Note. Recently, the practice of attracting the so-called anti-crisis manager to the HOA for a certain period of time to establish the work of the partnership and transfer experience to the board has become widespread.

Registration of the legal status of the manager

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

It should be noted that Art. 145 of the Housing Code of the Russian Federation, attraction of the manager as an employee to the exclusive competence of the general meeting of members of the HOA does not include, and here is Art. 148 (4.5) refers to the duties of the board of the HOA: the management of MKD or the conclusion of contracts for its management; hiring workers to service MKD and dismissing 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 paragraph 2 of Art. 149 of the LC RF may make transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval of the board or the general meeting of members of the partnership.

In the event of the conclusion of an employment contract, the position of a manager with an appropriate salary must be included in the staff list of the HOA as part of the cost estimate approved at the general meeting of members of the HOA in accordance with clause 8.1 of Art. 145 ZhK RF. At the same time, the authority to hire employees to service MKD and dismiss them in accordance with paragraph 5 of Art. 148 of the Housing Code of the Russian Federation refers to the duties of the board of the HOA. Therefore, an employment contract with a manager is concluded on the basis of a decision of the board, and an employment contract with a specific manager is signed by the chairman. As for the termination of the 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 law 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 conclude an agreement, both provided for and not provided for by law or other legal acts; the provision of paragraphs. 1 p. 1 art. 137 of the Housing Code of the Russian Federation, which, along with the right of the HOA to conclude an agreement on the management of MKD, agreements on the maintenance and repair of common property in MKD, agreements on the provision of public services, provides for the right to conclude other agreements in the interests of members of the partnership. These "others" should include an agreement with the manager of the HOA.

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 Ch. 29 of the Civil Code of the Russian Federation, namely in case of a material breach of the terms of the contract by one of the parties and in other cases established by the Civil Code of the Russian Federation, other laws or the contract. The agreement, as a rule, provides for the possibility of unilateral termination of the agreement by one of the parties by notifying the other party of this within the period specified in the agreement.

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

According to paragraph 2 of Art. 149 of the LC RF, 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. At the same time, the content of the power of attorney (the list of powers transferred to the manager) should be based on the terms of the contract. This is important, since the manager can be transferred by proxy, for example, the authority to conclude maintenance and repair contracts, which originally belonged to the board of the HOA, and not to its chairman. If this condition is not stipulated in the contract, and the chairman nevertheless included the indicated 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 a 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 law agreement, or in an employment contract and job description.

It is clear that the manager - an individual cannot be a utility service provider. When concluding the agreements discussed above, the HOA remains the executor of utility services, therefore the scope of the rights and obligations of the manager lies in the plane of the administration of the HOA, as well as in the field of maintenance, maintenance and repair of the common property of MKD.

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

The manager of the HOA, depending on the degree of trust, can be entrusted, for example, with the following functions:

Selection of contractors for the maintenance and repair of the common property of MKD (at the same time, the management of the HOA may retain the authority to conclude an agreement, or may also entrust the manager);

Conclusion of contracts for the provision of public services;

Conclusion of other agreements on behalf of the HOA;

Hiring and firing employees;

Implementation of control over the performance of work on the maintenance, maintenance and repair of MKD;

Representing the interests of HOAs in state and local government bodies;

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

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

Interaction with owners and members of the HOA on the work of the HOA;

Collection of debts 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 the chairman of the HOA. If the Manager is given the right to dispose of the funds of the HOA, this decision must be properly documented in the power of attorney and bank documentation.

Ways of interaction between the HOA and the manager

In the framework of the first model, management is carried out by the manager, and maintenance and repair are carried out by the hired staff of the partnership. The main drawback of this scheme is the need to maintain a large staff of workers with a constant salary. The main advantage of the model can be called the greater independence of the HOA from third-party organizations. Such a 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 repair - by contractors under contracts with the HOA. Of course, the positive side of this model is the absence of the need to maintain its 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 assumes the presence of a person responsible for managing the MKD, who manages professionally, and a permanent body of the HOA - the board, expressing the interests of the owners and controlling the activities of the manager. The main problem in 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 the HOA is not a technical specialist in the MKD, but rather a project manager who takes on administrative and managerial concerns, providing professional consulting and / or legal support. If the manager of the HOA has the status of an individual entrepreneur, he can work with his team, providing other additional services, including the services of a caretaker's technician and accounting support.

If there is no professional manager of the HOA in the house (or the chairman of the HOA did not take over these functions), then the management functions are tacitly transferred to a third party: the management company / or the company operating the house. And this means that the HOA, instead of entering into direct contracts for maintenance and maintenance of the house, 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 ability to control the quality and quantity of services performed, regularly paying these works to the intermediary. The result of such intermediary services is obvious: houses are dilapidated, equipment becomes unusable, and the owners are perplexed where the money goes and why there is no order in the house.

Olga PERMINOVA, expert, manager of the HOA

The manager of the HOA and the chairman of the HOA are different people. Formally, the manager is an individual who, for some remuneration, is delegated a part of the administrative functionality related to the organization of work directly by the HOA. As a rule, the managing partnership attracts from outside.

Thus, we can conclude that the position of the manager is intended to "unload" the management apparatus of the partnership in the person of its chairman.

The main functions of the manager in the HOA include:

Of course, a number of functions and official powers of the manager of the HOA can be expanded in accordance with the decisions given by the leadership of the partnership.

Quite often, a sufficiently large amount of obligations is imposed on the chairman of the HOA, which he cannot cope with, or he simply does not have enough time for this. Then the leadership of the partnership engages a person who agrees to take the position of manager and share some of the duties with the chairman, taking over his functions related to internal processes.

There are also cases when, among the tenants who are the actual owners of the housing, they cannot find a suitable candidate for the position of chairman, and the meeting cannot decide on a choice. Then a third-party person is also hired for the position of manager of the HOA.

Important! The key difference between the manager of the HOA and the chairman of the HOA is that the position of manager can be taken by a person who is not the owner of housing on the territory of the partnership.

A hired manager does not even have to be a tenant of a particular house to take this position in partnership. The Russian Housing Code emphasizes that only the owner of housing can become the chairman of an HOA.

Thus, the difference between the positions of the manager and the chairman lies not only in the scope of obligations, but also in their legal relationship to the common property, the interests of which are protected by the HOA. If for the chairman direct belonging to the MKD is mandatory, then for the manager it is not.

How and where is the legal status regulated?

The legal status of a manager is fixed in an employment contract or in the process of approving a civil law agreement upon entry of a person who has declared to become a manager to the appropriate position.

Besides, legal status must be fixed in the job description of the manager.

Since the manager is a natural person, at the time of the conclusion of the transaction, the party of the board of the partnership does not transfer to the manager its obligations regarding the implementation of public services, but remains their executor.

Reference! The legal field of the manager's position is in the plane of managerial processes of an administrative nature, including control over the observance of order in relation to public real estate, in particular, its maintenance in proper condition, repair and maintenance.

There are cases when the Charter of the HOA contains a number of fixed duties, among which certain aspects can be specified. Then the scope of powers, the transfer of which is carried out by the manager of the HOA, is determined by the board of the partnership itself outside the legal field.

The incoming manager of the HOA can be recommended to carefully read not only the contracts and instructions, but also the Charter of the HOA, in which he plans to conduct his labor activity in the future.

Partnership interaction models

There are two models of interaction between the manager and the partnership:

Registration of powers through the signing of an agreement

As mentioned earlier, the HOA draws up one of two types of agreements with the person taking over as manager - an employment contract or an agreement on a civil law basis.

Power of attorney

The HOA has the right to designate and transfer to the manager his official functions in an official power of attorney. Typically, this document is issued in situations where the manager needs to represent the interests of the partnership in a third-party organization, for example, in various authorities.

The power of attorney indicates all the powers of the manager, which are usually duplicated with those given in his job description or set out in a civil law agreement.

General provisions regarding its design are set out in Chapter 10 of the Civil Code of the Russian Federation.

Concluding the clarification of the subtleties regarding such positions as the chairman and manager of the HOA, it can be noted that there is a significant difference between them, especially in a legal context.

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That is why, since ancient times, the legislator admits that the management of an apartment building should be carried out by certain organizations. The most common of which are the management company.

The management company is not so popular in our country.

The main reason for this is the management of an apartment building by persons who aim to earn income from this activity.

Residents would like to see a person as a house manager who sincerely wants to make their housing better, and who can think so if not the tenant of this house himself?

That is why such a legal form of organization as a partnership of lawful homeowners and has become a priority for citizens, and popular among owners. In this organization, of course, not a chaotic disorder reigns, but a strictly ordered order of management.

Read about the pros and cons of an HOA at.

At the head is the chairman, who manages the activities of this organization, and is responsible for other issues. Also, the HOA has its own.

Recently, many have become interested newly introduced position, which began to appear in the partnership - this. Many owners have not been able to figure out what kind of person it is and what function it performs. Let's try to figure it out.

Employment contract with the manager of the HOA.

Civil law contract with the manager of the HOA.

You can find out whether it is necessary to conclude an employment agreement with the chairman of the HOA from. Samples of HOA job descriptions are available.

Concept and necessity

Let's talk about where this position came from.

Anyone who closely follows changes in housing law will surely note that the position is new and appeared in the everyday life of our country quite recently- some five years ago. And many owners do not even realize that someone else is operating in the staff of their organization.

Managing partnerships of legal homeowners - this is an official. In addition, this official is an individual, and not an individual entrepreneur, or is represented by an organization as a legal entity.

This person is required to perform a number of functions that are related to administrative activities maintenance of an apartment building. The main task is to correctly and competently organize the functioning and conduct of work in an apartment building.

It would seem, why is this necessary for the organization, but in fact, it helps to solve many issues and keeps order.

Of course, for his work he should receive remuneration.

But in order for the agreement on this with the tenants to really have legal force, it is necessary to draw up an agreement.

Thus, if there is an employment agreement between the homeowners association and the manager, then it regulates not only the question of wages this employee, but also functions carried out within the framework of the partnership, as well as measures responsibility for their failure to comply.

Therefore, the conclusion of an employment agreement is a smart move in order to save yourself from problems in the future.

Consequences of missing a document

Manager can't demand payment for their work without an existing contract, otherwise, how can residents be sure that this person has completed all the necessary actions.

One way or another, but according to the law, he has the right to enter into the following with tenants - owners of an apartment building types of relationships– labor and civil law.

Without the fact of concluding a relationship fixed on paper, residents have every right not to pay for work.

If the contract is not concluded, then the manager may not be paid if it seems to the tenants that this person has not fulfilled his direct functions, and since there is no document, no one can know exactly what functions were assigned to him.

Issuance and approval

Who composes, issues and approves? The employment contract is made by the parties, that is, the partnership of homeowners and at the same time the manager of the HOA. The parties propose which items can be included in the document.

Before entering into an employment contract, coordinate this action with several services.

First, notify housing.

Secondly, such an action must be carried out through tax office.

Only upon the approval of these two bodies, an employment contract can be drawn up.

You can learn about that, as well as that, the HOA has the right to disclose to the owners from our articles. with the owner, you can download on our website.

Alteration

Is it possible and who has the right to amend the approved employment contract? into it changes may be made, however, for this it is necessary to comply with certain conditions.

In order for the changes to be made according to the rules and the law, it is necessary for this mutual the desire of both parties at once. If one of the parties refuses to make changes, it will not be possible to make amendments only at the request of one of the parties.

Homeowners association manager important person, which increases the functionality of work on an apartment building.

Thanks to his efforts, your building can become both the neatest and most pleasant to live in, and quickly fallen into disrepair.

In any case, whether you need a homeowners association manager or not, decides the shareholders' meeting- the highest law-making body in the governing organization.

We wish you to make the only true and correct decision, which would subsequently have the best effect on your apartment building.

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Those who closely follow changes in legislation are 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.

It became possible to organize a non-profit structure whose purpose is to manage and control joint property. The homeowners association fully controls where the money collected from residents is spent and what quality the purchased services are provided.

After the collection of data on all owners of real estate 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 the elections, which was attended by at least half of all property owners, can be considered legal.

Initially determined executive body - auditor and board members the charter of the organization 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 the 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 the board members, who fully manages the HOA. The meeting of the members of the association is competent:

make any changes to the charter of the HOA;
make a decision on reorganization either;
elect members of the board and the audit committee;
set the amount of the membership fee;
organize additional HOA funds - a reserve financing fund, a fund for restoration work and repair of common property;
make decisions on obtaining a loan from banks;
determine the main directions 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;
decide on the lease of controlled premises and territories.

As it was said earlier, all the actions and powers of the governing bodies of the HOA are strictly regulated by the adopted charter. According to this document, the frequency and terms of convocations of members of the partnership are determined. Often the meeting is held once every 30 days. The course of the meeting and the decisions taken are strictly recorded, and the minutes are kept in the archives for a long time.

The chairman of the HOA receives payment for the performance of his duties, the members of the board work free of charge. The governing bodies conduct office work and accounting. Absolutely all financial issues regarding the life support of the controlled territory are submitted to the court of such a non-profit organization. At the moment, the process of managing the Homeowners Association is regulated by the founding document of the organization.

The charter clearly defines all the rights and obligations of the structure and governing bodies. The aspects prescribed in it should not run counter to the legislation of the Russian Federation and local legal documents. This paper must contain:

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

Activities

To achieve the goals specified in the constituent document, the HOA has the full right to carry out economic activities, on the basis of Article 152 of the Housing Code of the Russian Federation. A prerequisite for the organization of the HOA is the competent demarcation of the territory, with the correct procedure, all attics, basements and the surrounding area will be controlled by 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 it is necessary to achieve their goals. Commercial or financial activities should be understood as manipulations with securities - their acquisition and sale, production of goods and services.

In practice, the Homeowners Association can use the financial resources that are on the account in the structure, 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 the agreed needs. Members of the board and the manager may provide for temporary use (lease) a share of the controlled territory 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 the property owners are respected. How to see ? Read by clicking on the link.

Household

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 members of the HOA);
renting out a share of the common territory or real estate.

The dividends received as a result of the above operations are used for the purposes indicated by the charter.

For example, it can be landscaping a yard, building a playground or gazebos, asphalting sidewalks or repairing a road.

If the owners of real estate use the funds received in bad faith, the partnership has the right to demand a return in court.

Quite often, the elected chairman of the partnership does not have the opportunity, and sometimes the desire, to leave the 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 home management. This person is the manager. With an individual applying for the role of a manager, the management of the HOA can conclude an employment contract, thereby including him in the staff of the position in the HOA.

Read more about the duties of the chairman.

Labor contract

According to Article 57 of the Labor Code of the Russian Federation, in the employment contract () of the person entering into, it is necessary to 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, the name of the employee's actual place of work. Labor duties 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. Corrections 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, streamlines the labor process. The job description is prescribed by the chairman and approved with lawyers. It is drawn up in two copies, one of them remains in the management bodies of the partnership, the second is given to the manager in the hands.

The document should include the necessary skills that the manager should have, his duties and rights. To date, it is not possible to adopt a legislative document 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 ().

Reporting to owners

Very often in the house, which is managed by the HOA, "ordinary" citizens and members of the partnership coexist. Both that and the second category of people has the right to get acquainted with the documentation of the organization, but their access level 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 are decided by the management of the HOA. Papers provided for review by a simple tenant of a multi-storey building:

minutes of the meeting of members of the HOA, which are stored in the archives;
papers confirming the decisions made on the issues on the agenda - lease agreements, and reports on the 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;
financial activity reports.

Receipts

One of the forms of reporting to community members is receipts for payment of the membership fee. It is important that each receipt is supported by a cash register receipt and has all the registration marks of the HOA. Such a document must include information about the member of the partnership and the address of his residence. The current account of the recipient and its 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 it was written earlier, when conducting the fees of the Association of Homeowners, the course of the meeting and All decisions made are recorded in the minutes. The protocol displays all the issues that were submitted for discussion and the measures taken. The names and surnames of the members of the partnership present with personal signatures, respectively, must be entered.

The protocol is kept by the secretary, who is specially invited to such events. The average protocol should contain the registration number of the document, the name of the meeting indicating the nature of their holding, the date and time of the holding, as well as the number of those present by name, the agenda, indicating all the issues and reasons for the meeting. At the end of the document, it is necessary to record the result of the vote and put 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 (). 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, to take part in voting on all issues announced on the agenda.

Appeal in court the decision of 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 on the right of economic management, and he can also sign documents of primary importance.

Accounting policy

Competent accounting policy (), a rather important aspect in the development and formation of a full-fledged HOA. It allows the owners to control almost all the finances and activities of the enterprise, to determine the optimal legal taxation schemes. The accounting policy should cover organizational issues, 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, keeping documentation of strict reporting, work books and primary papers, provides for the presence of a seal with the full name of a 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 letterheads (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 disclosure requirements HOA. The partnership must provide free access to data on the main indicators of its work, on the order of work performed and their cost. All features of disclosure and provision of such information are approved by the Organizations' Information Disclosure Standard dated 23.09.2010.

In accordance with it, HOAs are required to provide data either on the website of local administrations or on the website of the executive branch. It is obligatory to place information on racks or stands in the entrance of the controlled house. Also, HOAs are 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 site, stands and racks must be stored for 5 years. The local branch of the State Housing Inspectorate supervises the fulfillment of the requirements of the Standard.

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

The management system of the HOA of an apartment building belongs to the organizational type, with all its inherent features and nuances. Without a doubt, it must comply with the control scheme with the possibility of feedback. When organizing a partnership, it should be borne in mind that such a system is quite new and has not been studied, and such analogues simply do not exist.

The management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house.

At present, more and more often, the 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 to a commercial organization. One of the solutions to this problem is to attract

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

What is the legal status of the manager of the HOA and what is its procedure for interacting with the homeowners association.

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

It is quite obvious that it is far from possible to find an owner in every house (and only the owner of the premises in an apartment building, who is a member of the partnership, can be the chairman of the board of the HOA), who would have sufficient knowledge and experience, and most importantly, the desire to leave in whole or in part his main job (because the quality work of the chairman of the board requires a significant amount of time) and dedicate himself to the work of the common good of the whole house. Meanwhile, it is quite possible to find a person who is willing and able to determine the main directions of work in managing the house and control the execution of the plan, while the hired manager will do the rest of the work.

Manager: who is he and why is he needed?

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

Note. Recently, the practice of attracting the so-called anti-crisis manager to the HOA for a certain period of time to establish the work of the partnership and transfer experience to the board has become widespread.

Registration of the legal status of the manager.

Two types of contract can be concluded with the Manager - an employment contract, by including it in the staff of the HOA, or a civil law contract, one of the forms of which is a service contract. These issues are dealt with in Art. 162 ZhK RF.

It should be noted that Art. 145 ZhK RF hiring a manager as an employeeto the exclusive competence of the general meeting of members of the HOA does not include, and here is Art. 148 (4.5) to the duties of the board of the HOA includes: management of an apartment building or the conclusion of contracts for its management; hiring workers to service an apartment building and dismissing 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 paragraph 2 of Art. 149 of the LC RF may make transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval of the board or the general meeting of members of the partnership.

AT in the event of an employment contract, the position of the manager with the corresponding salary must be included in the staff list of the HOA within approved cost estimate at the general meeting of members of the HOA in accordance with 8.1 Art. 145 ZhK RF. At the same time, the authority to hire workers to service an apartment building and dismiss them in accordance with paragraph 5 of Art. 148 of the Housing Code of the Russian Federation refers to the duties of the board of the HOA.Therefore, an employment contract with a manager is concluded on the basis of a decision of the board, and an employment contract with a specific manager is signed by the chairman. As for the termination of the 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 law 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 conclude an agreement, both provided for and not provided for by law or other legal acts; According to the provisions of paragraphs. 1 p. 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 public services, provides for the right to conclude other agreements in the interests of members of the partnership. These "others" should include an agreement with the manager of the HOA

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 Ch. 29 of the Civil Code of the Russian Federation, namely in case of a material breach 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 agreement, as a rule, provides for the possibility of unilateral termination of the agreement by one of the parties by notifying the other party of this within the period specified in the agreement.

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.

The legal status of the manager of the HOA.

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

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

The manager of the HOA, depending on the degree of trust, can be entrusted, for example, with the following functions:

Selection of contractors for the maintenance and repair of the common property of an apartment building (at the same time, the HOA board may retain the authority to conclude an agreement, or may also entrust the manager);

Conclusion of contracts for the provision of public services;

Conclusion of other agreements on behalf of the HOA;

Hiring and firing employees;

Implementation of control over the performance of work on the maintenance, maintenance and repair of an apartment building;

Representing the interests of HOAs in state and local government bodies;

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

Preparation of the 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 the work of the HOA;

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

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

Ways of interaction between the HOA and the Manager.

In conclusion, let us consider possible models of interaction between the HOA and the managing HOA.

Regardless of the chosen model, the work of the HOA with the manager assumes the presence of a person responsible for managing the apartment building, who manages professionally, and a permanent body of the HOA - the board, expressing the interests of the owners and controlling 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.