Employment contract with the chairman of the homeowners association employment contract contract

The purpose of the employment contract in the HOA

The Management Board enters into employment contracts with hired employees for the following purposes:

Compliance with the requirements of labor and tax legislation in the field of employment.
Exercising additional control over the involved responsible employees.
Additional regulation of the relationship between the HOA and its management.
Generating reports on targeted funds spent and subsidies received.

A housing association often employs an anti-crisis manager and a chief accountant not from among the local residents who are members of the HOA, but workers in these positions, due to the specific nature of their work, have broad powers to manage the funds and property of the housing association.

In particular, the hired manager has the right to enter into contracts for large sums with contractors, and the chief accountant has control over all the financial assets of the organization.

IMPORTANT! In order to be able to regulate the activities of such employees within the framework of the law, labor contracts are concluded with them in accordance with Section 3 of the Labor Code of the Russian Federation, which spell out all possible permitted actions and provide for emergency situations.

The board allocates funds from membership fees of residents and subsidies received from the state to pay the employees of the housing organization. Officially concluded labor agreements with employees of the housing association make it possible to report on the funds spent both to supervisory authorities and to apartment owners at the annual general meeting.

Functions of the chairman of the HOA

The main governing body of a housing association is a meeting consisting of the owners of the residential premises of an apartment building. The meeting convenes once a year and elects permanent governing bodies - the board and the chairman.

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The main responsibilities of the chairman include:

control over the regular payment of utility bills by residents;
drawing up income and expense estimates;
organization of routine repairs of common premises;
providing the partnership with the necessary staffing units;
development of staffing schedules;
control over accounting;
maintaining a register of HOA members and owners of building premises;
organizing meetings of owners;
preparation of periodic reports on the activities of the board.

In addition, the chairman personally monitors the implementation of all ongoing repair and maintenance work of the apartment building and periodically inspects the common premises. If there are complaints about the work of the HOA from residents, the chairman is obliged to consider their complaints and appeals, taking measures to restore the violated legal rights and interests of the owners who applied.

The chairman presents reports on the activities of the board annually to the general meeting of members of the HOA , as well as to the control and audit commission elected by the owners from among the residents who are not members of the board. The report contains information:

about the work carried out during the year;
about the amount of funds spent;
on the amount of collected membership fees and payments;
about unplanned income and expenses;
about taxes paid.

Additionally, the chairman generates a report on the financial activities of the partnership quarterly and submits it to the audit commission and the housing inspection.

With whom?

There are two main types of labor contracts in housing management structures:

Permanent.
Short term.

Long-term contracts in HOAs are concluded with permanent employees who ensure the constant functioning of the housing structure:

Accounting staff.
Persons responsible for special accounts.
Wipers.
Plumbers and locksmiths.

In a number of cases, agreements are also concluded with members of the partnership holding elected positions in the organization (chairman, auditor) in order to be able to prescribe the rights and responsibilities of each managerial employee not in the charter, but depending on the specific entity.

REFERENCE! The conclusion of short-term contracts for seasonal or one-time repair work is often carried out not with individual workers, but with contractors and is in the nature of a civil agreement.

If disputes arise, the involved employee, with whom not a labor but a civil agreement was concluded (for example, a third-party manager), can prove in court the actual labor nature of his relationship with the housing association and achieve a number of social guarantees provided to employees under the labor code.

What information is contained?

A typical labor agreement concluded with HOA employees consists of two parts:

Introductory part.
Main part.

The introductory part contains information about the employee and employer, their full names, residential addresses and passport details. For a housing association as an employer, the following information must be provided:

Full name of the HOA.
Tax registration certificate number.
TIN number.
Full name and position of the HR specialist (if available).

REFERENCE! By default, employment contracts with employees in a housing association are authorized to be signed by the chairman (clause 2 of Article 149 of the Housing Code of the Russian Federation), and if the registration of new employees is entrusted to an individual employee, the contract must contain information about him.

The main part, according to Art. 57 of the Labor Code of the Russian Federation, contains:

Place of work.
Type of work and labor functions of the employee.
Nature of work.
Work start date.
The term of the employment agreement or the conditions for its termination.
Amount of wages, frequency and method of payments.
Work and rest schedule.
Social guarantees.
Rights and obligations of the employee and the board as an employer.
Settlement of disputes.

If there are any health restrictions for the hired position, or compensation payments for harm are due, then the personnel employee must indicate in the contract the correct full name of such position, in accordance with the requirements of the ETKS (paragraph 9 of Article 57 of the Labor Code of the Russian Federation).

Official rights and responsibilities of the chairman of the housing cooperative (housing cooperative manager)

The position of the chairman is elective, according to paragraph 1 of Art. 149 Housing Code of the Russian Federation. The election and assumption of office of the chairman occurs in the following order:

Conducting a general meeting of premises owners.
Election of the chairman of the HOA by general voting.
Filling out the protocol with voting results.
Signing an employment contract with the chairman.
Signing the order to take office.

For the meeting to be legitimate, the owners of at least half of the total living space of the apartment building must be present. The chairman is considered elected if more than half of the assembled persons vote for him. Depending on the provisions of the HOA charter, the chairman may be elected at a meeting of owners or at a meeting of board members.

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The minutes include information about each person who voted, the number of votes cast for or against each candidate for the position of chairman, as well as the number of abstentions. The document must be signed by the board member leading the meeting and the secretary.

Notify citizens included in the cooperative about the meeting.
According to the GSK charter, a meeting is held at which the question of choosing a new chairman is raised.
Minutes of the general meeting of the GSK are drawn up, which takes into account the number of people who came to the meeting, the positions of those gathered on the issue of changing the chairman and whether a quorum was reached (the number of voters established by the charter).
If those gathered cast their votes for a citizen nominated for the position of head of the cooperative, then he becomes the chairman of the GSK.
After this, the citizen who has left the post of chairman transfers all accounting and technical documentation to the newly elected chairman.
No later than three days from the date of the meeting, the newly elected head of the cooperative must provide the following documents to the registration authority: an application of the established form, about making changes to information about the legal entity (change of the chairman of the State Joint Stock Company);
order on the appointment of a new chairman, minutes of the general meeting on the appointment of a new chairman.

Based on the remuneration system adopted by the GSK, the chairman may be paid an official salary or tariff rate. The salary is issued to the employee against his signature, by issuing cash at the cooperative's cash desk. It is possible to issue wages in non-cash form when the chairman writes a corresponding application, indicating the bank account into which he wants to receive wages (if it does not contradict the contract).

It happens that the chairman of the GSK does not always conscientiously fulfill his duties, which in some cases entails abuse of power, and this act is punishable and entails liability, which depends on the severity of the act committed and is determined either by the provisions of the Charter or by current legislation.

Very often the question arises whether the head of a garage cooperative has the right to turn off the power supply{q} Let's try to understand this issue in detail. According to Art. 546 of the Civil Code of the Russian Federation, power supply can only be turned off by the energy supply organization and only in cases specified by law. The chairman of a garage cooperative does not have the right to turn off the lights or stop the supply of electricity, regardless of the presence of a debt for electricity, because the cooperative is not an electricity supply organization in relation to the consumer. There are known cases when the chairman arbitrarily turned off the electricity to an entire row of garages, citing the fact that there were several debtors in the row.

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Chairman of the board of a housing construction cooperative. When drawing up an employment contract, you can use the template presented in the response file. On the basis of which employment contract are wages calculated{q} The decision to approve the remuneration has not been challenged. The chairman of the homeowners association received wages legitimately. The employment contract was not recognized as illegal.

The work procedure of the audit commission (auditor) of the housing cooperative and its capabilities are regulated by the regulations on the audit commission (auditor) of the housing cooperative, approved by the general meeting. Associations of homeowners' associations and housing cooperatives there is no prohibition in the legislation on concluding an employment contract with the chairman of the homeowners' association and housing cooperative. Our articles talk about standard methods for resolving legal issues, but each case is unique.

If the residents of the house have convincing evidence of a crime, then it is necessary to file a statement with the police. An act from the tax inspectorate can serve as convincing evidence, confirming that the cooperative’s funds were not spent on the needs of the cooperative.

This decision must be transferred directly to the chairman of the cooperative against the signature that he is familiar with it. In fact, it often happens that the chairman refuses to sign this document. Then you need to send it to him by mail.

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Who compiles it and how?

The drafting of contracts with staff members of the housing association is the responsibility of the personnel service or directly of the chairman (for small associations). The HR employee keeps records of all concluded contracts in a separate HOA journal.

IMPORTANT! The determination of the rules of procedure and working conditions for the employees of the partnership, as well as other terms of labor agreements within the housing structure, is within the exclusive competence of the general meeting (Part 10, Clause 2, Article 145 of the Housing Code of the Russian Federation).

Typically, members of the board or a HR specialist develop a standard agreement for all employees, and its form is approved at a general meeting.

If it is necessary to adjust certain conditions for a specific employee, most housing associations use the practice of drawing up an additional agreement to the employment contract.

This document allows you to avoid changing the basic form of the contract and will allow you to adjust working conditions, rights and responsibilities individually for each employee, without convening a general meeting.

Since the form of the agreement is approved at the meeting and is not subject to change, it must be drawn up in accordance with the Labor Code and housing legislation.

The activities of the HOA include its own documentation, which requires proper execution. We have prepared for you materials on drawing up an application and a power of attorney for the partnership, as well as documents from the audit commission.