The house manager is an individual. He must have experience in management, have higher education in a technical specialty, be enterprising and energetic. This position involves financial liability.

The house manager can be a person who does not live in the house being served.

Basic conditions – high qualification and ability to manage staff partnership.

ATTENTION. An individual entrepreneur or a representative of any legal entity cannot become a manager.

The house manager carries out management work that concerns the care of a multi-storey building. The main function is to competently carry out the work that concerns this house.

A work contract is legal document, in accordance with which the HOA manager acts. Its capabilities and obligations, as well as responsibility for failure to fulfill them, are clearly indicated there.

The work of a house manager is rewarded wages. All these provisions must be formalized in the civil legal field by concluding an employment contract with the manager of the HOA.

After the contract is drawn up, the house manager is protected by law, he is endowed with the same capabilities as other categories of employees:

• rest;
• vacation;
• act of incapacity for work;
• dismissal.

The salary amount will be regulated by the partnership’s staffing table. The house manager has own office with the obligatory presence of a computer.

Is the property manager required to enter into an employment agreement?

ATTENTION. According to the law, the building manager must enter into an employment or civil law agreement with the HOA.

If the document is available, the residents of the house will be convinced that the building manager will fulfill the duties assigned to him.

In turn, the house manager will receive guarantees of payment for his work.

The legal position of the building manager is enshrined in the act upon his assumption of office and in the service instructions.

The manager, being an individual, is not obliged to perform the work of public utilities. It is coordinated by the board of the partnership.

The scope of activities of the house management includes management matters, in particular checking the proper condition of public real estate, if necessary, repairing and updating it.

Consequences of absence

In the absence of a working agreement, the issue of the manager’s official affairs will remain unclear. This may lead to criticism of the building manager and reluctance to pay him wages.

If the manager fails to perform or improperly performs his duties, or abuses the rules, resulting in a material loss to the partnership, it will not be possible to bring the person to sanctions.

Attention! Absence labor agreement will have a detrimental effect on both the building manager and the house guests.

Structure and content of the document

The employment contract with the building manager covers the following main provisions:

Who compiles, issues and approves?

The working agreement is drawn up by the parties (the HOA board and the building manager). They put forward provisions for the content of the agreement.

Who should you coordinate with?

To sign an employment contract with the building manager, this operation must be coordinated with certain authorities. The hiring of a property manager should be reported to the homeowners' meeting.

The fact of drawing up a working document with the manager should also be coordinated with the tax office.

Only with the consent of these authorities, it is possible to approve an act of official relations with the house manager.

Validity

An employment agreement with a house manager can be urgent, when the validity period is indicated in the agreement, or indefinite.

Reference. Termination of cooperation is possible by mutual agreement of the parties, as well as if one of the participants evades fulfillment of its obligations.

The agreement is drawn up in two copies. One is kept in the homeowners' association office, and the other is kept by the manager.

Change

It is possible to make additions and clarifications to the working agreement- To do this, certain conditions must be met.

Mutual consent of both parties is required to give legal force to the changes made. If one party does not agree with adjustments to the provisions of the contract, it is impossible to implement them according to the law.

Conclusion

The house manager is the most important person playing big role in improving the quality of life of guests. The decision to hire a building manager is made by the HOA board. The chairman, represented by him, signs a working agreement with the building manager. The agreement clearly defines the capabilities and obligations of the participants, as well as a measure of responsibility.

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At the moment, in apartment buildings In which HOAs have been created, affairs are managed not only by the chairman, but also by the manager. In this regard, it is necessary to understand who the manager is, as well as what job responsibilities he must perform in accordance with what instructions.

Manager and chairman of the HOA, determining what the difference is

The legal status of the manager and the chairman of the HOA are different. Next, the main features will be highlighted legal status each of them.

The chairman of the HOA is a person elected from among the participants of the HOA. The chairman can be elected by the board or all members of the partnership by voting.

Manager at HOA- a person who is hired to serve on the basis of an employment agreement or an agreement to provide him with relevant services to solve certain problems aimed at increasing the efficiency of work carried out by the partnership.

Housing legislation imposes a number of requirements on the manager, including:

• Availability of Russian citizenship;
• No criminal record for economic crimes;
• Have knowledge in the field of housing legislation, technical requirements to houses and other regulatory documents that contain provisions regulating its activities.

The chairman is vested with his powers by housing legislation, as well as the Charter that was developed by the owners’ association. The chairman exercises his powers on behalf of the partnership.

The work of the HOA manager is carried out on behalf of the partnership, but only with a power of attorney, which indicates the range of actions that the person can carry out.

Job responsibilities of the HOA manager determined by the agreement concluded between him and the chairman. You need to know that when performing his duties, the house manager is subordinate to the chairman, since the latter acts as his employer.

The manager is not required to be a participant in the partnership. In turn, the chairman can only be selected from among the members of the partnership.

The house manager, as a rule, is engaged in activities with the status of an individual entrepreneur and can hold such a position in several HOAs.

The chairman is held accountable for work not completed or decisions made that are contrary to the interests of the owners. The chairman reports to all homeowners. The hired manager is responsible only to the chairman.

Who draws up, issues and approves job descriptions

Job description is a document on the basis of which the person elected to the position of manager carries out his activities.

Right to determine the contents of the job description are provided to the chairman of the partnership. It is he who develops its main provisions.

When drawing up the document, it contains information about the HOA that is hiring the manager. Information about what requirements are imposed on the person filling the position, his main responsibilities, rights and measures of responsibility that can be applied to the person filling the position.

After the document has been developed, it must be approved.

The HOA board has the right to approve this document.

After a person has signed an employment agreement, he must be familiar with his job description. The fact of familiarization is confirmed by the presence of a list of the building manager in the document.

Which services must be coordinated with the job description?

In addition to the board, the document must be approved by government agencies who perform various duties in the housing and communal services sector.

Such a body is the Housing Inspectorate. She must check the compliance of the document drawn up with the norms of Housing and Labor legislation. If everything is in order with the document, it is approved by the head of the body and can be subsequently executed.

Validity and storage period of the instructions

The created document may indicate its validity period, or without indicating it. In the case where an instruction has a period of time during which it has legal force, this period must be indicated in the document itself.

When such a period of time is not established, this means that it is valid until the moment a particular manager occupies the position.

The law establishes requirements for document storage.

The document is stored in the premises where the partnership is located.

Remember that the law obliges you to submit a document to any member of the HOA to verify the legality of the actions of the hired person.

The job description must be kept for three years after it has ceased to be valid.

How to make changes to a job description

Housing legislation allows for changes to be made to the instructions drawn up.

To change this document, a meeting of the board of the partnership is necessary, which will decide on the need to enter new data into the document. The chairman also participates in the discussion.

Changes to the instructions by the decision of one person are not allowed. After the instruction has been changed, the manager is obliged to familiarize himself with it. The fact of familiarization is also confirmed by his signature.

Job responsibilities of the HOA manager in an apartment building

The house manager does the following: responsibilities:

• Conclude contracts with contractors or services for the supply of resources.
• Monitor the work performed by contractors.
• Manage property and monitor the performance of duties of HOA employees.
• Receive data from control devices.
• Participate in the procedure for drawing up estimates of income and expenses of the partnership.
• Carry out inspections of the condition of equipment to prevent an emergency.
• Monitor the condition and cleaning process of the area near the apartment building.
• Receive residents, consider and execute their requests or applications.
• Know the content of the requirements for an apartment building contained in various SNiPAs and technical requirements.
• If necessary, participate in court hearings.

It should be noted that the building manager is responsible for:

1. For violation of the law in the course of activities.
2. In case of failure to fulfill obligations under agreements with third parties.
3. In case of unfair use material resources HOA.
4. In case of dishonest fulfillment of duties to receive and consider requests and applications from residents living in the house.

Job description of the HOA manager, sample

Instructions for execution job responsibilities for the managing association of homeowners is drawn up in writing.

Like any other instruction, it has the following structure:

1. General provisions. This should include information about the HOA, the location of the partnership, who acts on behalf of the partnership, as well as to whom the hired manager should be directly subordinate, what requirements are imposed on the candidate, the validity period of the document (if any), information about the duration of working hours.
2. Responsibilities of the house manager. This point of the instructions is explained in the most detail.
3. Manager rights.
4. The signature of the person appointed to the position, which confirms his familiarization with the document.

You can download the building manager's instructions.

Employment contract with HOA manager, sample

As previously mentioned, relations with the building manager can be formalized in several ways:

1. Using an employment agreement;
2. With the help of an agreement on the provision of services to them.

Employment contract with the HOA manager must be compiled in accordance with the requirements that apply labor legislation. Such a document is drawn up jointly by the chairman and members of the board of the partnership.

Before presenting it for signing, such a document must be approved by the tax service.

As in a regular agreement with an employee, it must reflect the following data:

1. About the parties. The document reflects who acts as the employer, as well as the personal data of the building manager. Data is indicated in accordance with constituent documents, and the person’s passport.
2. About rights and responsibilities. Which are transferred to a person in the course of his work activity.
3. About how long the document is valid.
4. On the procedure for making changes to the text of agreements.
5. On the procedure for terminating the concluded agreement.

An agreement can be concluded both with an indication of its validity period (fixed-term) and without specifying the duration of this validity. If, after the deadline specified in the document, the employer, represented by the chairman, has not terminated the agreement, this means that the agreement has been re-concluded without indicating its validity period.

A sample employment agreement with the building manager is available.

Conclusion

Thus, an apartment building, represented by members of the HOA, can invite anyone to fill the position of manager

At the moment, in apartment buildings in which HOAs have been created, affairs are managed not only by the chairman, but also by the manager. In this regard, it is necessary to understand who the manager is, as well as what job responsibilities he should perform.

Defines the job responsibilities and rights of the house manager (hereinafter referred to as the house manager)
1.2. The house manager is appointed to the position and dismissed from the position in the manner established by the current labor legislation, by order of the chairman of the board of the HOA

1.3. The house manager refers to the administrative and managerial staff

1.4. The qualification requirements for an applicant for the position of house manager are: higher technical education and work experience of at least 1 year.
1.5. The main responsibility of the house manager is to ensure technical operation houses in accordance with the requirements of regulations in the field of housing and communal services.
1.6. The house manager must know:
- Regulations in the field of housing and communal services.
- Internal rules labor regulations HOA;
- Labor protection rules and regulations; safety rules, sanitary norms and regulations, fire safety and civil defense rules.
- Design and technical documentation of the house, contractual documentation of the HOA on issues of technical operation and supply of utilities.
1.7. The building manager ex officio heads the HOA maintenance service, which consists of an electrician, plumber, janitor, cleaner, dispatcher, concierge and other technical workers (hereinafter referred to as maintenance workers).
1.8. The house manager himself observes and monitors compliance by maintenance service employees with job responsibilities, internal labor regulations, labor safety rules and regulations, sanitary standards, fire safety requirements, civil defense.
1.9. The building manager himself carries out and ensures that the maintenance service employees fulfill the orders and instructions of the HOA Board and the Chairman of the HOA Board, the General Director of the management company.

2. Job responsibilities
The house manager is obliged:
2.1. Every day (except weekends and holidays) be present at the workplace and monitor the work of the operation service and the proper performance by employees of their job duties.
2.2. Monitor the performance, serviceability and safety of all engineering equipment of the house (heat, water, electricity systems, elevators, dispatch communications, lighting and video surveillance systems, fire protection systems)
2.3. Periodically, but at least once a week, inspect the common property of the house to determine its technical condition, degree of wear, operating efficiency.
2.4. Interact with authorized representatives of energy supply organizations and contractor organizations.
2.5. Monitor the proper fulfillment by energy supply organizations and contractor organizations of their contractual obligations to the HOA and the management company, promptly inform the technical and general director management company about facts of improper fulfillment of contractual obligations by contractors.
2.6. Represent the interests of the HOA in relations with government authorities and control (district administration, state supervision, sanitary supervision, technological supervision, etc.) on issues Maintenance at home, within the limits of their competence.
2.7. Take measures to eliminate emergencies and emergency situations in the house (leaks, accidents, equipment shutdowns), at the request of the owners, draw up reports on such situations.
2.8. Periodically, but at least once a month, take and record in writing the readings of common building meters for electricity, cold water, hot water and thermal energy (with the involvement of relevant specialists or utility workers, if necessary), report the readings of the devices to the accounting department of the HOA and in the accounting departments of the relevant energy supply organizations.
2.9. Ensure timely informing of owners about shutdowns (restrictions) of the supply of utilities and other services by placing announcements on information stands at the entrances, as well as monitor the availability of information on the stands according to the established list.
2.10. Monitor the timely recording of requests from owners regarding home maintenance issues, and their timely execution by maintenance employees.
2.11. Ensure proper sanitation and cleanliness local area(including parking, children's and container playgrounds), as well as common areas (including staircases, basements, attics, technical floors and roofs).
2.12. Inform the chairman of the HOA board monthly about current plans operation of the operation service, reporting on the results of the work done.
2.13. Ensure availability and replenishment (if necessary) technical documentation houses (technical passports, diagrams, plans, drawings, etc.)
2.14. Pass certification and verification professional knowledge V established by law deadlines, constantly improve your professional qualifications.
2.15. Do not disclose confidential information that has become known to the house manager in connection with the performance of his official duties (including information about financial condition Homeowners association and personal data of home owners)
2.16. When performing official duties, be polite and communicate correctly with HOA employees and home owners.
2.17. Perform other duties as assigned current legislation and an employment contract.

3. Rights

The building manager has the right:
3.1. Represent the HOA as individuals and legal entities on issues of maintenance and operation of the common property of the house.
3.2. Make proposals for the imposition of disciplinary sanctions on employees of the maintenance service, as well as for their encouragement.
3.3. Give instructions to maintenance workers that must be followed.
3.4. Temporarily suspend operation service employees from work if gross violation them job responsibilities, internal labor regulations, labor protection rules and regulations, sanitary standards, fire safety requirements.
3.5. Receive from the HOA board the information necessary for the proper performance of the building manager’s duties.
3.6. When performing official duties, use well-maintained workplace, office equipment, equipment, materials and inventory provided by the HOA that meet the established requirements.
3.7. To compensate for expenses incurred by the building manager in the performance of official duties, in an amount previously agreed upon with the management company.
3.8. To be treated politely and correctly by HOA employees and home owners.
3.9. The house manager has other rights established by current legislation and employment contract.

4. Responsibility

The house manager is responsible for:

4.1 for carrying out periodic monitoring of the condition of structures, engineering equipment and external improvements of the building in order to identify violations;
4.2. for failure to make decisions on the maintenance and operation of the building;
Bears financial responsibility for the safety of material resources issued to him for use or for carrying out one-time work (tools, equipment, materials, etc.).

5. Working hours

5.1. The working hours of the house manager are regulated by labor legislation and internal labor regulations.

Acquainted _________________________________ ________________

The Homeowners Association in its work is based on the Housing Code of the Russian Federation and Civil Code RF. The main internal document in the HOA is the Charter. It must comply with the legislation of the Russian Federation, so it is necessary to make adjustments taking into account changes in laws. Upon creation, the owners elect the chairman of the community board.

Residents trust the chairman economic activity for improvement of an apartment building, repair work and utility costs. The scope of work of the chairman of the HOA is wide, and is not always within the competence of the person chosen for this position. In this case, a reasonable solution would be to hire knowledgeable person. A legal action is the legal registration and conclusion of an agreement with the HOA manager.

The management of the HOA includes the owners of apartments in a building or several apartment buildings. These are people interested in improvement and not indifferent to property. But utility specialists are not always among them. It’s easier to hire an electrician or accountant than a life support manager for an apartment building. Therefore, the practice of hiring an individual – a specialist in this type of activity – has emerged.

The HOA manager is an employee subordinate to the chairman of the board who is guided in his work by the job description and contract. Each housing community independently evaluates the tasks assigned to the manager, taking into account its own needs.

Common features include:

• representation of the HOA in government organizations and local government bodies;
• selection of contractors, control of their activities, determination of the scope of work and verification of work results;
• concluding agreements for the lease of common property (banners on the facade, rent of basement premises);
• coordination of the activities of members of the partnership;
• drawing up estimates and reports for a certain period;
• working with utility defaulters;
• working with service providers;
• hiring, regulation of work and dismissal of personnel (janitors, cleaners, etc.);
• interaction with residents of the house, receiving complaints and suggestions.

In addition to the above, there are many responsibilities that, in agreement with the management and apartment owners at the general meeting, are included in the employment contract with the HOA manager.

According to Housing Code, Article 147 clause 3.1, the chairman of the board cannot delegate all his powers to a hired employee. Only agreed with the members is possible general meeting assignment of a certain range of responsibilities.

The position of HOA manager is not strictly required by law. Everything depends on the needs of the community and is decided collectively. The chairman of the board and the entire housing community will be required to determine for what purpose the specialist will be involved. The need to hire an outside HOA manager may arise from the following reasons:

• there are no specialists among the residents who have the necessary knowledge, experience and competence;
• there are several apartment buildings in the community, which means a large amount of work;
• the chairman of the board lacks free time for all management activities;
• the need for crisis management.

The need for crisis management arises, for example, when an HOA has a large debt for utility services. It is also common practice to hire a third-party manager to transfer knowledge and experience to the management of the new HOA. The terms of reference will determine the requirements for the candidate.

Significant factors for the manager will be:

• higher education;
• knowledge of housing legislation;
• management experience;
• no criminal record; stress resistance;
• the ability to achieve mutual understanding with people.

The work of the HOA manager can be regulated by two types of documents:

• civil agreement with the HOA manager;
• employment contract with the HOA manager.

The agreement assumes broad powers employee. But a civil agreement is concluded when an employee is hired for a certain period to perform a specific task. It describes in detail the scope of activity, terms and responsibilities of the manager.

The employment contract implies a subordinate position of the manager to the chairman of the board of the HOA. The contract is regulated Labor Code RF.

On the Internet you can find many options for an employment contract with the HOA manager. But the main points are similar and are prescribed at the legislative level.
The subjects of the agreement are the community of residents represented by the chairman of the board and an involved specialist. The manager may be individual or individual entrepreneur (IP). The IP department may have several housing communities.

The agreement includes standard sections:

• Subject of contract. This paragraph reveals the essence of contractual agreements - the provision of management services.
• Contract time depends on the requirements imposed on the specialist: contractual relations are limited to specific dates, concluding a contract for an indefinite period, concluding a contract for the duration of the work stipulated by this contract.
• Details of the parties. The details indicate the current account of the HOA, its address, INN and name. The candidate must provide passport details, insurance certificate number, TIN and bank details.
• Duties of the parties. This paragraph reveals the requirements for the work of the manager and the responsibilities of the subjects of the contract.
• Working conditions. This paragraph describes in detail wage, wage guarantees, rationing of working hours, vacation, social security of the hired specialist.
• Modification, continuation and termination of the contract. The contractual relationship may be terminated at the end of the contract period or automatically extended until the completion of the service activities. This clause also regulates the early termination of the contract.
• Special conditions. The clause regulates other conditions depending on the charter of the HOA, the purpose of hiring a third-party employee and possible legal details.

To avoid disputes, it is important to draw up an employment contract correctly and in as much detail as possible.

A job description is a document approved by the HOA charter, which spells out all job responsibilities manager In addition, the document defines the employee’s rights, payment terms and regulates work time, rest time and vacation.

Familiarization with the job description and charter of the HOA should occur before signing the employment contract. An employment contract guarantees the employee’s consent to all the terms of the job description. The job description is signed by the chairman of the HOA board and the hired manager. Certified with a wet seal.

Power of attorney for authorized actions

When taking on the position of HOA manager, a new employee is given a power of attorney to act on behalf of the housing association. This is a legal document that gives the right to make decisions and sign Required documents. The HOA manager needs a power of attorney to resolve the following issues:

• registration of contracts with contractors and resource suppliers;
• solving problems in financial and supervisory organizations;
• representing the interests of HOAs in courts and tax authorities.

Any action of a financial or legal nature must be confirmed by a power of attorney, which is signed by the chairman of the board of the HOA. The power of attorney must specify all organizations in which the powers of the manager apply. All actions to which the rights of an employee on behalf of the HOA apply must also be indicated. It is mandatory to indicate the expiration date of the power of attorney. Usually it coincides with the expiration date of the employment contract.

The authenticity of the power of attorney is certified by the chairman of the HOA board with a signature and a wet seal. It would be reasonable to entrust the execution of a power of attorney to a lawyer, since an incorrectly drawn up document may be grounds for declaring the transaction invalid.

The HOA manager is officially accepted into the board staff and receives the salary specified in staffing table, and regulates his work according to the job description. His dismissal should be regulated by the Labor Code of the Russian Federation. Concluding an employment contract with the HOA manager guarantees the employee the following rights:

• the opportunity to take part in HOA meetings;
• the ability to make your own initiatives;
• receive necessary documentation about the work of the HOA.

Responsibility of the HOA manager

The employee bears material, civil and criminal liability. Material and civil liability must be reflected in the contract. Criminal liability arises in the event of negligent actions on the part of the HOA manager, when they lead to emergency situations that pose a threat to the life or health of citizens.

The HOA manager is not a plumber, electrician and accountant rolled into one. It is rather a manager who takes on administrative activities. A competent specialist in the position of HOA manager is able to put the house entrusted to him in order, build effective work personnel serving the premises and solve problems with housing and communal services.

We are studying the agreement with the management company

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 wine UK, after all, it is she who should stimulate the desire to maintain order in the residents, and she herself should be interested in ensuring that the house has the proper appearance.

general information

As you know, today in our country there are two organizational and legal forms of managing an apartment building.

The first of them is UK, an organization with a clearly established structure, rights and responsibilities regarding management.

But the owners of premises in multiple houses do not always resort to this form. The option is much more attractive. There are a number of reasons for this.

Firstly, the owners of the premises are at the head of this organization, which means that even the top of the organization will interested in improving the building.

Secondly, such an organizational legal form works much more harmoniously, simpler and obeys the property owners. Of course, the partnership has its own hierarchy. There is a presence in it - active owners, as well as.

It is the chairman who is largely responsible for carrying out certain actions regarding the arrangement of common property.

But more recently, the presence of a homeowners association manager has become a common occurrence in the homeowners’ association. Many still do not know about its presence, and those who know cannot understand what kind of face is this and what important functions does it perform?.

If you also do not know the answers to these questions, we invite you to read the text of our article and learn something new for yourself, and most importantly, useful information.

Concept

Let's start with what a homeowners' association is. Otherwise, you risk getting confused in terminology.

So, a homeowners association is an organization

This organization, despite the fact that it carries non-commercial nature, manages the account formed by residents for the needs of the house, and main responsibility of this organization is maintenance in proper condition and order. Let us explain how this manifests itself.

The responsibility of the partnership includes maintaining communications in proper quality, arrangement of common areas, timely elimination of breakdowns, and so on.

In general, the homeowners association manages an apartment building. The board of the partnership decides where to spend the funds, what to fix primarily, and what to pay attention to.

The chairman approves or rejects their initiative. Also the highest governing body of the partnership- this is a meeting of the owners of an apartment building, which meets either on their own initiative or by convening the chairman to resolve general issues.

What does he do?

The manager is an individual who also carries out improvement activities in the homeowners’ association. If it's convenient for you, you can consider it employee.

Wherein this employee may even have the status of an individual entrepreneur and be invited to perform certain duties. He can carry out his activities for a fee in several partnerships at once homeowners.

In addition, it is important to know that two types of contracts can be concluded with this citizen.

The first one is well-known and popular.

It is concluded between the homeowners association and the manager. It sets out the main obligations of the parties, rights, as well as the necessary conditions cooperation.

Often they can enter into agreements with him civil contract, which also has legal force.

Distinctive feature of this act is the fact that the employee becomes an object providing services to certain conditions a certain period of time, and not a permanent employee as in the case of an employment contract.

What is the difference from the chairman?

Many people confuse the positions of chairman of a partnership and manager. In fact it's two completely different positions, which cannot even intersect in any way.

The Chairman is the head of the HOA who is responsible for organizational legal issues, as well as financial issues, analyzes the decisions and wishes of residents, and also makes adjustments and initiatives. His activities are administrative.

As for the manager, his activities are also related to administrative work, however, he rather exercises control over the activities of hired workers, does not introduce any initiatives, but provides assistance in increasing the functionality of the labor of the partnership’s employees.

In addition, he reports to the chairman as an employee to the employer, undertakes observe the internal regime and not violate it without good reason.

You can find a sample job description for an HOA manager.

Why is it needed?

Such a hired employee, as we have already said, increases efficiency of the work performed. He simultaneously plays the role of controller, manager and analyst, deciding who should be replaced, what is best to concentrate on, and what can wait.

Such a leader in last years has become an indispensable figure, since, having relevant work experience, he can easily determine the main directions of action, and also report if any of the employees are doing their job poorly or are completely shirking it.

Can the HOA operate without this hired employee? For a very long time, homeowners' associations functioned without them and this suited everyone quite well.

But today, when the goal of all organizations is to increase functionality, this position is simply necessary in order to have maximum control over what is happening and make the most efficient use of resources.

True, many homeowners in apartment buildings do not understand the need for such a position. These individuals believe that they are paying money as a reward to a person who is completely undeserving of them.

In fact this is not the case and it works good employee will be visible in a couple of months. If not, then you can always raise the question at a general house meeting about his dismissal and termination of the contract with such a person.

How is it prescribed?

The manager is appointed by submitting his candidacy to the general house meeting. The chairman alone cannot hire such a citizen without a vote of the owners.

At the meeting, the need for the work of such a specialist is discussed, and his qualities are characterized. By voting, owners of premises in apartment buildings decide Is such an employee necessary? them today or not.

If the majority agrees, then at the meeting an employment or civil law contract is drawn up with this person.

The clauses of the contract are also carefully discussed with the owners and if there is any misunderstanding, one or another clause is accepted by voting.

After this, when the agreement is signed by both parties at once, the hired manager is considered a full-fledged employee of the partnership and can begin his duties.

Legal status employee must be specified in the contract with him.

If the employee is represented as an individual, then he cannot act as a provider of utility services, then he acquires organizationally legal status execution controller utilities. If he is individual entrepreneur, then everything is much simpler here.

What is the job?

You should not think that the position of the head of the HOA comes down to control alone. It turns out that if everyone works hard and regularly carries out actions to maintain the house in proper condition, then he receives his salary in vain?

Actually no, the manager has many other functions, which we will try to list for you in full:

Otherwise, he helps carry out the work and is mainly engaged in administrative and business activities.

The financial sphere is beyond the control of the manager, which can only be entrusted to the meeting of owners or directly to the chairman.

Ways to interact with HOAs

There are two models of interaction between the manager and the owners’ association, and each has taken root to one degree or another.

The first model boils down to the fact that this employee exercises control when the activity is carried out permanent employees.

This scheme is simple for the employee, but not profitable from the point of view of budget expenditure.

The second model boils down to the fact that the manager again exercises control, and the work is carried out by the contractor. The simplicity of this scheme is that the contractor is hired one-time and not on an ongoing basis.

This gives opportunity to save money at a time when there is no work and there is no need to pay the employee for downtime.

Responsibilities and rights

Such a hired manager has many rights and responsibilities.

We got acquainted with the latter in the paragraph above.

As for rights, then this leader can count for timely payment of their work, for vacation, as well as for compliance with their labor rights.

No one has the right to dismiss him without reason, unless otherwise provided by the employment contract or civil law.

Responsibility

Like any other executive, this employee has punitive and financial liability for failure to perform any actions or violation of contract clauses.

The law does not provide for specific liability, but the charter of the partnership defines the possibility of recovery from an employee Money as part of prevention against incorrect actions.

If you still don’t know if there is a salaried manager in your house, it’s time to find out this fact. It is likely that this person has been properly performing its function for a long time, and you didn’t even know about it.

Familiarize yourself with its activities because only you, knowing the condition of your home, can judge performance this official.

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