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April 30, 2020 No comments
When creating an HOA, most apartment owners do not have the question of how this association of citizens will conduct its activities, who will manage the partnership, how general meetings of premises owners will be convened, in what order contracts will be concluded with contractors and resource supply companies, and also how a work estimate is drawn up.
The chairman of the homeowners' association elected at the meeting will not be able to take on all the work, especially if several multi-apartment residential buildings are included in the HOA.
In this situation, the obligations of the management of this organization increase significantly.
Therefore, the way out of this situation is to hire a special employee - a managing partnership.
In this article we will examine the questions of what kind of position this is, what responsibilities are assigned to him, his powers, as well as responsibility in case of failure to fulfill his functions.
What is the position of a manager?
Residents of an apartment building may decide to form an owners' association for the following purposes:
| Improve the quality of living conditions | provide comfortable living conditions in the home |
| Maintain the common property of the house in appropriate condition | timely cleaning of entrances and landings, as well as local areas, waste removal, repair of engineering equipment and networks, arrangement of playgrounds, flower beds and lawns, etc.) |
| For proper operation of utilities | heating, drainage, gas, electricity, plumbing, etc. |
This list of activities after the creation of the HOA is carried out for one of the owners of the premises of the house, who was elected chairman at a meeting of residents.
In practice, as a rule, retired citizens who have sufficient time to resolve all issues are elected to such a position.
But this organization is not just a voluntary community of residents, but a legal entity that is responsible for its activities.
For this reason, in many housing associations, in addition to the chairman, there is often a position of manager.
A person is hired for this position who has the appropriate professional knowledge and experience in conducting administrative work, carrying out management activities in accordance with the contract for a set remuneration.
Functions of the manager in the HOA:
| Management functions | organization of general meetings, other meetings, negotiations, etc. |
| Determination of the most important areas of activity | as well as resolving conflicts with owners of apartment building premises |
Therefore, it is extremely important to involve professional managers who have the necessary skills in the field of housing and communal services in the management of the homeowners’ association.
Appointment procedure
The main decisions in the course of the partnership's activities are made based on the results of voting by the owners of the building's premises at a meeting. But the hiring of such a figure as a manager can only be carried out by the board of the HOA.
According to housing legislation, the responsibilities of the partnership board include:
| Performing home control | as well as execution of real estate management agreements |
| Attracting hired workers | for maintenance of common property of the house, as well as dismissal of workers |
Therefore, it is not necessary to obtain a decision from the general meeting of owners of residential premises to hire a person to the position of manager.
The chairman of the partnership and the board delegate part of their functions to the HOA manager, these reducing the overall burden on the management of this non-profit organization and increasing the efficiency of its activities.
There are two options for registering legal relations with the manager:
| Based on an employment contract | the hired employee is included in the board of the HOA, and his salary is calculated in accordance with the staffing table. The cost of the manager's salary is included in the organization's cost estimate. You should know that, once hired, the dismissal of the manager is permitted only in accordance with labor laws. The chairman cannot independently dismiss such an employee. |
| For a civil transaction | Agreements for the provision of services are signed with the manager. The term of office of such an employee is specified in the contract. Partnerships often involve anti-crisis managers in their leadership, who provide assistance to HOAs in getting out of a difficult economic situation. |
Powers of the HOA manager
Having hired a manager, part of the powers is delegated to him by the chairman, who, in turn, was elected at a general meeting by the owners of the apartments in the building. However, this is not quite true.
Manager and chairman are different positions that have different powers.
The powers of such persons are established when organizing an HOA; they are prescribed in a document such as the Charter of the Owners Association, which sets out the rights and responsibilities of the chairman.
The chairman delegates to the manager some part of his powers in accordance with the decision of the board of the partnership.
Main functions of the manager:
| Representation on behalf of a non-profit organization in state authorities and local government | in the tax service, courts, etc., drawing up contracts with resource supply companies, contractors, tenants of non-residential premises in an apartment building |
| Collection of debts from utility service defaulters | maintaining a register of debtors, suspending or disconnecting the supply of resources |
| Preparation of accounting and financial statements | hiring employees |
| Representation in municipal authorities and Housing Inspectorate | drawing up estimates of income and expenses, familiarizing residents with them |
| Signing payment documentation, concluding agreements | control over the implementation of partnership decisions |
| Monitoring the activities of employees | mechanics, electricians, plumbers, janitors, etc. |
How to open a special HOA account for major repairs - in the article: major repairs in the HOA.
Legal basis
The Association of Real Estate Owners has the right to invite a special manager to perform certain tasks. This right is enshrined in the Housing Code of the Russian Federation.
According to the provisions of this law, the chairman of the HOA is obliged to provide such an employee with a power of attorney in notarized form to perform the actions included in his job description.
The procedure for issuing a power of attorney is based on the norms of the Civil Code of the Russian Federation.
Consequently, the documents regulating the activities of the manager include :
- HOA Charter;
- Job description prepared by the board;
- Notarized power of attorney from the chairman.
What documents is the HOA required to provide at the owner’s request?
In the Krasnodar Territory, the owner of a premises in an apartment building filed a lawsuit against the HOA. She learned about the holding of an absentee meeting of the HOA members, at which members of the association’s board were re-elected. The owner did not like the decision made, and she made a written request to the chairman of the partnership to familiarize herself with the results of the meeting and make copies of such materials, but the HOA refused her.
The Belgorod Regional Court considered the claim of the owner in the HOA, in which the resident referred to the lack of information on the official website of the partnership. Previously, the prosecutor's office refused to satisfy the owner's demands and bring the chairman of the HOA to administrative responsibility under Art. 5.39 Code of Administrative Offenses of the Russian Federation.
25 Jan 2020 etolaw 713
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Manager in a partnership
An employee is a person performing executive functions in an HOA. Its main task is the professional implementation of activities related to the maintenance of an apartment building.
During meetings and meetings with the owners of residential premises, the board registers applications and requests from residents and brings them to the attention of the manager (for example, most of the owners voted for placing a children's playground in the adjacent territory of the house). The board also exercises control over the activities of the hired manager.
Range of duties
In accordance with the law, the position of manager does not have specific responsibilities.
When hiring such an employee in the HOA, the chairman must determine a list of his main functions and responsibilities.
The responsibilities of managers vary among different partnerships. The list of functions is related to the purpose of attracting a professional manager and the degree of trust of the board in him.
As a rule, the functions of a manager come down to the following:
| Drawing up contracts with contractors and resource suppliers | as well as signing payment documentation |
| Hiring employees | representation on behalf of the HOA in executive authorities and supervisory authorities |
| Drawing up estimates of income and expenses for reporting periods and familiarizing the residents of the house with them | maintaining financial records |
| Control over the activities of hired workers (mechanics, electricians, etc.) | purchasing equipment, inventory, paying bills |
Rights enshrined in the job description
In addition to obligations to the owners of residential premises, who are the main persons interested in attracting a manager, he has rights established in the job description, as well as in the charter of the owners' association.
Based on the agreement executed by the HOA with the manager, he has the following rights:
| Participate in general meetings and resolve current issues of this non-profit organization | make independent decisions within the powers granted to him by the chairman |
| Make proposals to improve the efficiency of the association’s activities | obtain the required documents to carry out their duties |
| Recruit staff or enter into contracts with contractors | for carrying out certain work on the maintenance of common property |
Requirements for a candidate
In practice, often in homeowners' associations the manager is selected from among the residents who live in the controlled apartment building managed by this organization.
From a large number of owners of premises in the house, you can choose an employee who has the necessary professional skills, management skills, who can overcome difficult situations, and also knows how to competently manage finances (for example, a person with an accounting or legal education, etc.)
It should be understood that the cost of an employee’s services depends on his qualifications and experience in management activities.
The HOA has the following requirements for candidates for the position of manager:
| Age | as a rule, there are no restrictions regarding age, however, middle-aged people who do not suffer from serious illnesses and who have the ability to perform this activity still have an advantage |
| Education | higher accounting, legal, technical or management education, and no criminal record |
Responsibility for failure to perform one's functions
The job description form drawn up in the HOA when attracting a manager contains a clause on administrative or material liability in relation to him for failure to fulfill or improper performance of his duties.
As a rule, if an employee is not suitable for a position for various reasons, he can be dismissed in accordance with labor laws.
If the manager worked under a civil contract, then the homeowners association has the right to unilaterally terminate it.
If misuse of funds by an employee is detected, the chairman of the HOA may file a corresponding application with law enforcement agencies.
Based on a civil contract
According to statistics, in most cases, homeowners' associations prefer to hire a manager based on a civil agreement rather than an employment contract.
In other words, the HOA draws up an agreement with the manager for the provision of paid services for the management of an apartment building.
For instructions on leaving the HOA for all owners in the house, see the article: exit from the HOA.
Advantages of concluding a civil contract with a manager:
- Possibility of terminating the agreement at any time;
- There is no need to pay taxes and social contributions for the employee.
Video: What is the chairman of the HOA responsible for?
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Who is this HOA manager? What are his functions and job responsibilities
The chairman approves or rejects their initiative. Also, the highest governing body of the partnership is a meeting of the owners of an apartment building, which meets either on its own initiative or by convening the chairman to resolve general issues.
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In fact, there are very few such houses. This is also the fault of the residents, who cannot always maintain cleanliness where they live, as well as the fault of the management company , because it is she who should stimulate the residents’ desire to maintain order, and she herself should be interested in ensuring that the house has the proper appearance.
