Should the HOA enter into agreements with the owners for the management of the house?

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The Homeowners Association in its work is based on the Housing Code of the Russian Federation and the Civil Code of the Russian Federation. 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 entrust the chairman with the economic activities of improving the 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, the smart solution would be to hire a knowledgeable person. A legal action is the legal registration and conclusion of an agreement with the HOA manager.

Scope of activity of 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 HOAs in government organizations and local governments;
• 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 the Housing Code, Article 147, paragraph 3.1, the chairman of the board cannot delegate all his powers to a hired employee. It is only possible to assign a certain range of responsibilities agreed upon with the members of the general meeting.

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.

Sample agreement between homeowners association and homeowners

The party to the agreement is the HOA, on whose behalf the chairman . But if the charter of the HOA provides for the conclusion of an agreement by a general meeting of owners, then the decision to sign such a document is made at a general meeting of members of the partnership.

The obligation of the HOA to carry out work on the maintenance and repair of the common property of an apartment building is its statutory duty (clause 1 of Article 135, clause 1 of Article 138, clauses 1, 2 of Article 161 of the Housing Code of the Russian Federation). The HOA is obliged to manage the entire complex of property of the apartment building, and owners who are not members of the HOA cannot refuse to provide them with these services, since by virtue of clause 4 of Art. 37 of the Housing Code of the Russian Federation, the allocation of a share in the right of common ownership of the property of an apartment building in kind is impossible.

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Composition of the employment contract with the HOA manager

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 for the 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 by the Labor Code of the Russian Federation.

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 can be an individual or an 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.
• The duration of the contract depends on the requirements imposed on the specialist: contractual relations are limited to specific dates, the conclusion of a contract for an indefinite period, the conclusion of 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 wages, wage guarantees, normalization of working hours, vacation, and 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.

Charter of the HOA (homeowners' association)

This document contains twenty-one sections, which makes it quite large-scale. But this is not surprising, since the activities of a partnership of this type require detailed regulation for competent and efficient organization of functioning.

The document will be valid if it is correctly drawn up and completed. The correct entry of the name of the partnership is of great importance. There is a special place for this in the section called “General Provisions”.

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Job description of the HOA manager

A job description is a document approved by the HOA charter, which specifies all the manager’s job responsibilities. In addition, the document defines the employee’s rights, payment terms and regulates working hours, 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 you the right to make decisions and sign necessary 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.

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11/23/10* According to media reports, the increase in fees for housing and communal services in Moscow in 2011 will be 14% for utilities, 20% for housing services . Our company has repeatedly brought to the attention of citizens that due to changes in the cost of services, based on contracts and decisions of authorized bodies, an increase in payments since 01/01/11. will be: for StrZh, UVTBO, SodAnKh-va - by 13.5%, elevators - 10%, repairs - up to 5.80 rubles per 1m2; increase in fees for utility services - about 17%; for accounting and control of IPU (from 05/01/11) - 1 ruble per 1 m2 (more details in Nos. 30(172)-43(185) of the Konakovskaya Panorama newspaper).

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Rights of a hired manager

The HOA manager is officially accepted into the board staff, receives the salary specified in the staffing table, and regulates his work in accordance with 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 the 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, organize the effective work of the staff servicing the premises and solve problems with housing and communal services.

Homeowners association agreement with homeowner

The agreement stipulates the following points: List of common property that should be repaired, types of work carried out, options for carrying them out. Responsibility of the partnership for failure to fulfill its obligations; deadlines, procedure and amount of payment for services, and liability in case of their violation. Obligations of the owners in a timely and complete manner. the amount to pay for utilities and other services. The agreement is drawn up in one copy, for each of the entities that have entered into new legal relations, in which the chairman of the partnership and the owner of the residential premises sign. For its part, the legislation does not give the partnership the right to compulsorily enter into agreements with the owners of the premises.

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To the Partnership or its authorized management organization (manager) information about persons (contact numbers, addresses) who have access to the Owner’s premises in the event of his temporary absence, in case of emergency work; 2.4.14. at his own expense, eliminate the damage caused by him to the property of other owners of premises in an apartment building, as well as by persons living in the Owner’s premises; 2.4.15. provide the Partnership with information about the encumbrance of its premises; 2.4.16. get acquainted with the information posted by the Partnership in public areas (entrance to the entrance, elevator area); 2.4.17. if faults are detected in the premises, immediately take possible measures to eliminate them and, if necessary, report them to the UDS, the Partnership or the appropriate emergency service; 2.4.18.