A housing association is a legal entity and is created by apartment owners to manage the common property of an apartment building. The management of the partnership is carried out by the chairman, whose list of powers is regulated by housing legislation, the charter of the HOA and the meeting of owners.
Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
8 (800) 350-31-84
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.
How to become the chairman of an HOA
- About the composition of the board, which lists all current HOA employees, as well as contact information.
- About the work of the board, which indicates all the work carried out during the period. For example, repair of an elevator, garbage chute, replacement of meters, reconstruction of entrance premises, improvement of the courtyard area.
- About expenses, where all financial costs are recorded, as well as information about membership fees and subsidies.
- About emergencies, which displays all the information about various emergencies or accidents that occurred during the reporting period, as well as about methods for eliminating them.
- On damage to public property, which provides data on the damage caused to public property that is within the legal field of responsibility of the partnership, namely its size, consequences, as well as the resources necessary to eliminate it.
- About contracts, which indicate information about existing current agreements, as well as about contracts that entered into legal force during the reporting period or, conversely, ceased to exist.
- About inspections of higher-level organizations, which displays information about the progress and results of inspections by any government agencies, if any.
Of course, as in any other leadership position, it is necessary to have mental fortitude - immunity to gossip, rumors and unsubstantiated statements spread by the owners and members of the HOA, who for some reason will not be satisfied with the decisions made and actions of the chairman.
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.
Validity
Since the head of the partnership is elected for a term of up to 2 years , the validity of the employment contract cannot exceed this period.
After two years, the same person can be elected to office again. In this case, the agreement is not renewed, but drawn up anew. The agreement is drawn up in two copies. One is kept by the chairman during the entire period of validity, the other is in the HOA office. Expired contracts are transferred to the archives of the partnership, where they are stored for 5 years.
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).
The need for official registration
The Housing Code does not stipulate the need to formalize labor relations, nor the reverse.
But Art. 273 of the Labor Code of the Russian Federation specifies: if the management of an apartment building is carried out by the HOA itself, then a contract with the chairman is appropriate, and if a specialized company is hired, then the activities of the head of the partnership are regulated by the charter.
The provisions of this chapter apply to heads of organizations regardless of their organizational and legal forms and forms of ownership, except for those cases when:
- the head of the organization is the only participant (founder), member of the organization, owner of its property;
- The organization is managed under an agreement with another organization (management organization) or an individual entrepreneur (manager).
Carrying out actions to ensure the life of a residential building, the head of the board carries out various actions falling under the definition of Art. 149 Labor Code of the Russian Federation.
If there is such a unit as a chairman in the staffing table, the person who has the honor of being elected to this position will have to sign the TD in order to prevent violations of the law (Article 17 of the Labor Code of the Russian Federation).
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.
Responsibilities of the HOA manager
- can participate in the discussion of all problems and issues that are part of the responsibilities of the partnership;
- vested with the right to make decisions together with all participants of the HOA;
- can make various proposals to improve the activities of the HOA;
- if necessary, can obtain the necessary documentation for work.
- selection of operational services to carry out repairs and maintenance of an apartment building;
- concluding various contracts, including for the provision of utility services;
- search, employment and dismissal of employees;
- monitoring the implementation of various works to improve the condition of the house and territory;
- official representation of the partnership in authorities and courts;
- preparation of various financial documents, including annual estimates of expenses and income;
- preparation of financial statements;
- debt collection.
Why is this document being compiled, and what is it?
The issue of the need to sign an employment contract with the head of the HOA must be approached from the point of view of the current legislation - the Labor and Housing Codes.
According to Article 1 of the Labor Code of the Russian Federation, labor legislation is designed to establish guarantees and rights of citizens, as well as to protect the interests of the employee and the employer. An employment contract is an agreement between the parties, which specifies the employee’s job functions, the amount and terms of payment, rights and obligations.
The Housing Code of the Russian Federation does not say anything about the need to conclude an agreement with the head of the partnership. A person is not appointed, but selected for a given position. He is elected by board members and apartment owners (how the election of the chairman takes place and the documentation of the procedure is described here). However, if the position, path and elective, presupposes the emergence of an employment relationship, an agreement must be concluded.
There are a number of reasons for this:
- The document regulates the relations between the community of owners, residents and the chairman.
- On its basis, the official has the right to receive wages and other guarantees specified in the conditions. Read about how the work of the chairman of the HOA is paid here.
- If violations of laws and agreed upon obligations are noticed on the part of the head of the board or the HOA, then the agreement will help restore justice in court or other authorities.
- A formal agreement outlines the rights and responsibilities of the chairman. This allows you to control its activities.
- The document prescribes the official functions of the chairman, which does not give him the opportunity to abuse his position.
Alteration
A specific TD is urgent.
If circumstances arise that lead to a change in the terms of cooperation - for example, the general meeting of members of the partnership revised the estimate and, accordingly, the staffing table with a decrease in the salary level, then in this case it is possible to make changes.
This means that an additional agreement should be drawn up to the current TD, in which the outdated clause must be deleted and a new one must be introduced, or the wording must be clarified.
Since the Housing Code of the Russian Federation, which regulates the activities of HOAs, does not give clear instructions regarding the official employment of the chairman, neither the presence of a TD nor its absence will be a violation.
However, as experience and judicial practice show, it is wiser to draw up such a contract with the head of the partnership, having secured visas from the responsible persons from the district administration.
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
+7 (Moscow) +7 (St. Petersburg)
How can you conclude an employment contract with the chairman of the HOA, what is it and what should it be: a sample agreement.
The Housing Code does not indicate the need to sign an agreement with the chairman of the partnership.
Nevertheless, Article 273 of the Labor Code speaks of the possibility of concluding an employment agreement if the management of the house is carried out by a person selected from the members of the board, and not by a person hired by the partnership.
We will describe in detail how the work of the chairman of a homeowners’ association is regulated in the article below.
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. It's fast and free!
