Why do you need a management agreement for an apartment building with a management company in 2020?
Most residential buildings in Russia are maintained by management companies. The management company provides services for the maintenance and repair of common property in an apartment building, manages this property, including funds, and collects fees for utilities (it is a provider of communal services). The basis for the activities of the management company is the management agreement for apartment buildings, which is concluded (or is considered concluded) with the owners of apartments, rooms and non-residential premises in the house. The agreement contains an agreed list of services and works provided, determines their cost and is also valid for those owners who did not sign it (clauses 3, 4 of Article 162 of the Housing Code of the Russian Federation).
Where can I view the management agreement and what are its essential terms?
Starting from 2020, information about house management must be published on the website of the State Information System for Housing and Public Utilities (Resolution of the Government of the Russian Federation of March 27, 2018 N 331). The system contains an electronic copy of the contract concluded in the usual manner or its electronic original, which can be signed using the website. In addition, the following must be published:
- decision (minutes) of the general meeting of owners, which approved the terms of the agreement;
- documents confirming the change, termination or termination of the management agreement for an apartment building;
- decisions (protocols) on the basis of which the decision was made to terminate or terminate such an agreement (clauses 2.2, 2.3 of the Order of the Ministry of Telecom and Mass Communications of Russia N 368, the Ministry of Construction of Russia N 691/pr dated 09.29.2015 “On approval of the composition of information about MKD placed in GIS Housing and communal services").
The contract is valid for the specified period and is considered extended for the same period and on the same conditions, if neither party has declared its termination (Part 6 of Article 162 of the RF Housing Code). The minimum duration of the management agreement for an apartment building is not established and can be any. The agreement itself specifies the essential terms and conditions that may be additionally included in it by decision of the meeting of owners. The following information must be specified in the contract:
- on the composition of common property;
- a list of works and (or) management services, services and works for the maintenance and repair of common property, the procedure for changing such a list, as well as a list of utility services provided by the management company;
- the procedure for determining the price of the contract, the amount of payment for the work of the management company and for public services, as well as the procedure for paying for public services;
- the procedure for reporting by the company on the fulfillment of obligations.
Additionally, you can include conditions on the following responsibilities of the management company:
- 24-hour emergency dispatch service at home;
- storage and processing of technical documentation for the house, documents on the management of the house (this includes each protocol of disagreements to the agreement for the management of an apartment building);
- reception of owners and tenants within the time frame and in the manner stipulated by the contract;
- issuing certificates and statements from personal accounts;
- drawing up acts of damage to personal or common property;
- collection of fees under the management agreement;
- periodic inspection of the house and preparation of a plan for current and major repairs, listing the work, the deadline for its completion and the approximate cost;
- changing the list of works and (or) services, the timing of their implementation only by decision of the general meeting of owners (clause 26 of Order of the Ministry of Construction of Russia dated July 31, 2014 N 411/pr);
- other conditions.
What objects can be transferred?
An object of trust management is a property (thing, object), the management of which the founder entrusts to another person. This is the main component of the agreement. Article No. 1013 of the Civil Code is devoted to objects of trust management.
According to the Civil Code of the Russian Federation, the following can be transferred:
- securities;
- sets of property assets;
- copyright;
- apartment;
- a private house;
- trading platforms;
- warehouses;
- office buildings;
- enterprises;
- other objects that belong to the category of real estate, etc.
The object must meet the following requirements:
- to be an individually determined thing;
- constitute non-consumable property;
- be separated from the property of the parties to the agreement;
- represent a certain value;
- not to be withdrawn from civil circulation.
Property that is under operational management or economic management is not transferred to trust management. The exception is cases of liquidation of a legal entity, the owner of an object.
Money cannot act as an object. Exceptions are cases provided for by current legislation.
A property trust management agreement regulates the relationship between the owner of the property and the person whom he trusts to manage the property on his behalf.
The specifics of the trust management agreement depend on the type of property transferred for management.
We will consider the following types of trust management agreements, with samples:
- general (framework) agreement
- ward's property management agreement
- agreement for the management of property constituting the endowment capital
- contract for managing the property of a missing citizen
- real estate management agreement
- inheritance property management agreement
For all of these types of contracts there are general requirements . They are as follows:
The agreement is concluded between the owner and the manager. The owner may instruct the manager to act in his personal interests, or in the interests of another person who is not a party to the agreement.
The contract has a specific validity period. During this period, the manager is practically unlimited in the disposal of the property under management. The main condition is that all actions must be performed in the interests of the owner.
Participants in legal relations have the right to know that they are entering into an agreement not with the owner of the property, but with the manager. For oral transactions, he is obliged to warn about this, and for transactions made in writing, make a special note of the form “D.U.”
Expert opinion
Kurtov Mikhail Sergeevich
Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.
Violation of this requirement entails financial liability of the manager himself, and not at the expense of the property under trust management.
What property can be transferred to trust management?
The object of trust management most often is real estate, securities that have a value expression of rights (property and intellectual) as well as other types of property.
Actually, the law establishes three prohibitions on trust management. Thus, the following cannot be transferred to management:
a) money as an independent object
b) things that are under economic control
c) things that are under operational management
Accordingly, any objects that are not subject to these prohibitions may be subject to trust management.
Money is transferred to trust management through the mechanism of funds, or using banks and the features provided for by the legislation on the securities market.
Who can be a trustee?
A legal entity or individual entrepreneur whose corresponding type of activity is provided for in the charter (constituent) documents or upon registration can act as a trustee. And if it is necessary to obtain additional permits, if such permits are available (for example, for professional participants in the securities market).
From among the citizens, the trustee may be the executor named in the will (the person executing the will), or the trustee who manages the property of the ward.
In most cases, by virtue of an agreement, a commercial organization or entrepreneur acts as a trustee, and on the basis of law, individuals are involved in trust management.
It is prohibited to act as a trustee for local self-government and state authorities, as well as unitary enterprises.
It is not allowed to combine two roles under a trust management agreement, namely the manager and the beneficiary. The reason, I think, is obvious. At a minimum – suspicions of a lack of objectivity.
Responsibility of the trustee
The manager must pursue one and main goal - caring for the interests of the person who entrusted him with managing the property.
For violation of this principle, the negligent trustee is obliged to compensate for direct losses caused to the property and lost profits from its use for its intended purpose.
However, caring is a double-edged sword. An overzealous manager who violates the limits of the powers granted is liable for the damage caused by his own property.
As well as responsible for debts incurred as a result of the implementation of trust management.
This is important to know: Judicial paperwork by last name, case number or TIN of the organization. Find out about the court decision via the Internet
In turn, the manager is paid a remuneration from the income received from the use of property under trust management.
What must be included in the trust management agreement?
A trust agreement is always concluded in writing.
If the subject of management is real estate, then the trust management agreement must be registered, as in the case of sale and purchase.
Violation of any of the above conditions entails the invalidity of the contract.
The property that is transferred for management is specifically listed in the contract.
It also indicates who the founder of the management is. In other words, who is the owner of the property who decided to transfer it to management.
It is separately stipulated in what amount, form and within what time frame the manager receives remuneration for his activities.
As a general rule, the validity period of a trust management agreement does not exceed five years. Existing exceptions relate to investment and securities laws.
Expert opinion
Kurtov Mikhail Sergeevich
Practitioner lawyer with 15 years of experience. Specializes in civil and family law. Author of dozens of articles on legal topics.
If, upon expiration of the trust management agreement, none of the participants declares their intention to terminate it, then the agreement is considered extended for the same period.
Samples of trust management agreements for downloading:
Termination of the trust management agreement
There is a certain list of circumstances due to which a trust management agreement is considered terminated. Among them:
- death or liquidation (for organizations) of the beneficiary
- refusal of the beneficiary to receive benefits under the contract in the future
- death, incapacity or bankruptcy of the trustee
- withdrawal from the contract due to the fact that the trustee has lost the ability to personally dispose of the managed property
- refusal of the agreement by the founder for other reasons, with mandatory payment of remuneration to the manager
As a general rule, a party that intends to withdraw from a trust management agreement is required to notify the other party of this three months in advance. The contract may establish a different period.
Property transferred to trust management upon termination (termination of validity) of the agreement is returned to the founder.
Still have questions? Feel free to ask them in the comments!
How to make changes to the management agreement or terminate it?
Changes and (or) termination of the management agreement are carried out in accordance with Art. 450-453 of the Civil Code of the Russian Federation (Part 8 of Article 162 of the Housing Code of the Russian Federation). Termination of the contract by the owners unilaterally is possible on the grounds of Art. 8.1 and 8.2 Housing Code of the Russian Federation:
- an agreement concluded with a management company as a result of a competition can be abandoned before the end of each year from the date of its conclusion by holding a meeting to elect a new management company or change the way the house is managed;
- in case of failure by the company to comply with the terms of the contract;
- at any time based on the decision of the meeting to change the method of managing the house (Part 3 of Article 161 of the RF Housing Code, FAS Russia dated December 18, 2013 N AC/51348/13).
When changing the management company or when changing the management method, which entails termination of the contract with the management company, the company is obliged to transfer to the new service provider within 3 working days all documents and keys to the common property, as well as everything necessary for the operation and management of the house (Part 10 of Art. 162 Housing Code of the Russian Federation).
Termination procedure
The management agreement is automatically renewed every year unless both parties take the initiative to terminate the agreement. A decision to terminate cooperation can only be made at a general meeting of owners, for which at least half of all residents must gather. They make a decision by majority (50% + 1 vote), after which the question is asked:
- about changing the Management Company;
- or about changing the management method in general (for example, about creating a HOA).
After the decision is made, a written notification is sent to the management company, then the contract can be terminated within a year (i.e., when the next date for its proposed extension arrives). Moreover, after termination, the Management Company must, no later than 3 working days, transfer to the representatives of the owners all the keys to the common property (attics, basements, plinths, switchboards, etc.), access codes for electronic equipment, technical documentation, etc.
If, as a result of the work, some unused funds remain in the company’s accounts, this money remains with it. However, an important condition must be met: the savings have not led to a deterioration in the quality of the work performed, and the common property is in good condition.
What disputes arise with the management company?
Both owners and management companies often violate the restrictions established for them by law, which becomes the cause of litigation. For example, this situation is common. On the one hand, the owners at the general meeting must set such a price for the maintenance of residential premises and common property so that this money is enough to meet the requirements of the law for maintenance. Therefore, the price cannot be arbitrary. On the other hand, even if the owners have determined a low value, the management company does not have the right to change this unilaterally (clauses 16-18 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2017 N 22). Therefore, she files a lawsuit to challenge the provisions of the agreement on the procedure for determining the amount of payment for the maintenance of residential premises and common property of the apartment building.
If the court, following a claim by the Criminal Code, invalidates the procedure for determining the amount of payment provided by the owners, it will not be applied, and the payment for the previous period will be recalculated. There are cases when owners did not like the fact that the management company was indexing the cost of repairs and maintenance of property, and they demanded through the court that the terms of the indexation agreement be declared illegal. The court will refuse the owners if the indexation was provided for by the decision of the general meeting, and they do not recognize the actions of the management company on indexation as a unilateral change in the amount of the fee (Appeal ruling of the Voronezh Regional Court dated 03/01/2018 in case No. 33-1707/2018).
It is also legal to change the price, which depends on the increase in tariff. If the management company provided in the contract the opportunity to take more money from the owners in connection with an increase in tariffs, then the change in the cost of repairs and maintenance of the property will not be considered arbitrary. The basis for the actions of the Criminal Code in such cases are acts of the local government on changes in tariffs (see Part 4 of Article 158 of the RF Housing Code, Appeal ruling of the Supreme Court of the Udmurt Republic dated June 10, 2020 in case No. 33-2054/2015).
Also common are cases of challenging the terms included by the company in the house management agreement, but not considered or approved at the general meeting at which the owners decided to conclude the agreement. For example, the appeal ruling of the Rostov Regional Court dated May 3, 2012 in case No. 33-4822 declared it illegal for the management company to include the following costs in the housing tariff:
- for maintenance, repair and checking of meters;
- for maintenance and repair of gas networks;
- to pay tax under a simplified taxation system;
- to increase tariff profitability;
- for additional costs for repairs and maintenance of common property,
- to compensate for the costs of maintaining the management organization.
- The court considered that the owners should not pay for all this, since the minutes of the general meeting do not contain a decision on additional expenses of the owners.
Not only individual terms of the management agreement for an apartment building in 2020 can be disputed, but also the agreement as a whole. Such claims were filed by owners who did not sign an agreement with the management company. But the courts do not recognize contracts as invalid because of this. Since the house management agreement is an agreement with a plurality of persons on the side of the owners of the premises, the current legislation does not make the fact of concluding an apartment management agreement dependent on the signing of such an agreement by all owners without exception (Appeal ruling of the Smolensk Regional Court dated 08/09/2016 in case No. 33-2446/ 2016).
Restaurant management agreement sample
The management agreement for an apartment building with the management company is public. Does the Criminal Code have the right to terminate it unilaterally? No, he can not! The management agreement for an apartment building is concluded for a period of no less than one year and no more than five years.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call the numbers provided on the website. It's fast and free!
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Restaurant management agreement template
Checklist for opening a cafe. Hall administrator for shifts. What is a checklist for every day and why is it needed? You can talk about the sales report.
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Or maybe you are familiar with the situation when a manager really does not know what is required of him, because he saw his job description once in his life, signing it when he was hired?
How long has it been since you read your job description? What is written there? Attending a restaurant management seminar. And then we will implement all this in our own enterprise! We swam - we know.
Because it is in human nature to resist change. Nevertheless, we consider it our duty to help restaurateurs who are finally planning to put things in order in their organization.
And we fulfill this duty by offering the market a unique project called.
The main idea of the project lies on the surface - to consistently develop and implement all management procedures into the work of an existing institution.
Writing and then understanding and implementing is definitely not an option or a solution! The experience, qualifications and knowledge of our consultants allow our company to take on absolutely any type of organization - from PBO to gourmet restaurants.
Of course, we recommend this project primarily to network companies, but in our practice there have been cases when private restaurants that do not have a network structure also joined the project.
We are not magicians and we do not promise you that with a snap of your fingers you will have a working restaurant without putting any effort into it. The average project duration is 9 months.
But if you look carefully at what we have to do, you may reconsider your opinion.
In the end, it all depends on you - perhaps your company will break the record and you will implement this project faster than your previous colleagues.
The project manager is the employee on whom you need to place a bet. He will be responsible for the implementation of this project in your company. The selection of this employee should be approached with special attention.
Managers are project participants. Core workforce. Those on whose shoulders the entire project will rest.
And the duration of the project and the ease of its implementation will depend on their efforts, their motivation, their loyalty, qualifications and professionalism.
Your employees. Don't have any illusions! Ordinary employees really don't want change. They are conservative and do not like changes, and especially if these changes disrupt their usual rhythm of life.
Who will like it if they block the channel of theft, freebies and the opportunity to pay off the manager for violations of discipline. Nobody but you! After all, you understand the need to implement changes.
Invariably, on every project, ordinary employees are given a choice - either with us or.
In general, it's up to you. Without them, there would be no project, so our consultants will make every effort to make it as clear to your managers and project leader as possible what tasks they will have to solve after each step of the project.
Sometimes we even receive letters from project participants via pigeon mail. And even in this case, we always answer them. It will be fun.
We guarantee this to you! Because we love to have fun at work and will make every effort to make this project easy and fun for you.
It’s much more productive to work this way, we know that - believe me. If your company has not held a Restaurant Management seminar. This is a prerequisite for starting every project. You can learn more about this seminar here. After confirming the date of the first session, we will meet with you at certain intervals.
On your territory. You will need a room in which it will be convenient for us to work. We will need a projector, screen, drinking water, pens and notepads. Our consultant will bring everything else, namely:. Our meetings will be called sessions.
For each session, a plan is drawn up - what procedures need to be formalized, written down, and then implemented immediately after their approval by the Project Manager. You can familiarize yourself with the session plan in the corresponding section.
Your specifics are fully taken into account and taken into account when formalizing procedures.
Restaurant director
Checklist for opening a cafe. Hall administrator for shifts. What is a checklist for every day and why is it needed? You can talk about the sales report.
Of course, Restaurant Administrator School is the first step towards Daily checklists.
Hotel management agreement It is not common, but it does happen that there is a need to transfer a hotel to trust management.
The amount of the contract after its signing is final and cannot be changed downwards. If the number of guests decreases, the amount of food can be compensated for by any other menu or bar items.
All ordered cold appetizers, alcoholic and non-alcoholic drinks are included in the final bill, regardless of the number of invited persons. Main snacks and hot dishes are added to the bill based on the number of guests.
In cases where guests use the services of guest presenters, DJs, or sound engineers, the presence of a restaurant employee to monitor the proper operation of the equipment is mandatory.
In the absence of a list of invited persons and special invitation cards, the Restaurant is not responsible for the presence and actions of unauthorized persons at the event;
If it is impossible to hold the Event in accordance with this Agreement, inform the Guest in writing of the reasons for such impossibility as soon as it becomes known, and also agree with the Guest on new dates for the Event. At the end of the Event, provide the Guest with an invoice and payment receipt, which will serve as confirmation that the Restaurant has properly fulfilled all its obligations and the Guest does not have any claims against it.
Cafe management agreement sample
The menu of your holiday is custom-made by the complex staff, and each dish will delight your guests! The assortment of the RANCH restaurant offers a wide selection of the most delicious dishes of world cuisine from consultant chef Arabel Garcia, a native Cuban. Agreement for the provision of services for holding a banquet in a restaurant 1. In case of a change in the number of guests, the restaurant must be notified no later than three days before the event.
To give maximum comfort to their own apartment, many people are thinking about a major renovation of the bathroom and toilet. The decoration of these premises must be carefully planned and no less scrupulously implemented.
This person acquires the corresponding rights and bears responsibility for the improper performance of the duties assigned to him.
Job description of a restaurant administrator The cafe restaurant administrator must ensure that there are no conflicts between the cafe restaurant staff; Control over the neat appearance of the hall employees; Recruitment, testing and training of personnel; Knowledge of the necessary documentation and its competent maintenance; Monitoring the cleanliness of the room and proper lighting during the working day; Control over Restaurant Director Appointment to the position of restaurant director and dismissal from it is made by order of the founder of the owner of the enterprise. To ensure his activities, the General Director is given the right to sign all organizational and administrative documents of the Company on issues included in his functional responsibilities, including the right to first sign the financial and settlement documents of the Company. During the absence of the general director, business trips, vacations, illness, etc. The restaurant manager performs the following functions: Forms a personnel reserve.
Employment contract for a cafe manager
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9, - samples of an employment contract with a restaurant manager in the year > > > samples of an employment contract with a restaurant manager in the year, , contract, with, labor, in, samples, manager.
Title documents for the property of the Restaurant, as well as written certificates of other rights associated with the Property complex, are transferred to the Manager in accordance with the List of transferred documents Appendix to the Agreement.
In accordance with this Agreement, the Manager, for a fee, manages the Property Complex for a period determined by the Parties.
The Manager owns, uses and disposes of the transferred property solely in the interests of the Founder of the management and with the restrictions provided for by this Agreement, the Charter of the Founder and the legislation of the Russian Federation.
The property complex is transferred to the Manager for the purpose of making improvements to the premises of the Restaurant, including designer artistic re-design of the facade of the building where they are located, the entrance to the premises of the Restaurant, with the subsequent use of the Restaurant for its functional purpose.
Sample toilet visit agreement
Under a supply agreement, the seller-supplier, who carries out business activities, undertakes the obligation to transfer, within a specified time frame, the goods purchased or produced by him to the buyer for use in business activities or for other purposes that are not related to home, personal, family and other similar use. The parties to the contract are the buyer, any citizen, and the seller-supplier who carries out business activities. The form of the agreement is subject to general rules: simple written, oral or notarized. Term: during the term of the contract, delivery in uniform batches or separate batches according to a schedule or monthly, hourly, ten-day, daily, and so on. The number of goods is determined in monetary terms or in units of measurement. When the terms of the goods are not agreed upon, the contract is considered not concluded.
In case of damage or loss of property due to the fault of the Customer, he will compensate the Contractor for damages in accordance with current legislation. Cost and payment procedure 3.
The property trust management agreement is regulated by Chapter 53 of the Civil Code. Once a year, the famous Kharkov musicologist S.
Korotkov, concluding his next lecture to students of DJ training courses, warned them about the need to make a list of the musical compositions they play in advance.
Qualification requirements: Higher professional technical or engineering-economic education and at least 5 years of experience in management positions in the industry relevant to the enterprise. Today, many companies offer their services for organizing banquets and similar events.
Restaurant director Appointment to the position of restaurant director and dismissal from it is made by order of the founder of the owner of the enterprise. Employment contract in accordance with the Labor Code of T.
At the same time, it is important to remember that the provisions of employment contracts that worsen the conditions of workers in comparison with the labor legislation of the Republic of Kazakhstan are considered invalid and are not subject to application.
VIDEO ON THE TOPIC: Lecture 10. Management agreement for an apartment building.
Source: https://interjurist-avocats.ru/zemelnoe-pravo/dogovor-upravleniya-restoranom-obrazets.php
Trust management agreement sample form free download
FINAL PROVISIONS 10.1. In all other respects that are not provided for in this agreement, the parties are guided by the current legislation of the Russian Federation. 10.2.
All notices and communications under this agreement must be given by the parties in writing.
The need to transfer the enterprise to a manager is due to the fact that such property requires constant operation and control, which the heirs cannot carry out independently due to their lack of ownership rights to the company's assets.
The cessation of an enterprise's activities for six months entails a number of negative consequences, including loss of market share, the need to pay penalties under previously concluded contracts, the obligations under which cannot be fulfilled, as well as lack of income and the occurrence of serious losses.
Management agreement sample form
Cost and payment procedure 3.1 The cost of services for 1 person is 2,900 (two thousand nine hundred) rubles in accordance with the Menu (Appendix No. 1).
Based on 76 invitees, the total amount of services is 220,400 (two hundred twenty thousand four hundred rubles). 3.2 Services are not subject to value added tax in accordance with Chapter. 26.2 of the Tax Code of the Russian Federation (simplified taxation system).
