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.
You can learn how to register an HOA on the GIS Housing and Communal Services from our article.
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 a management company , an organization with a clearly established structure, rights and responsibilities in terms of management.
But the owners of premises in multiple houses do not always resort to this form. The option of a homeowners' association is much more attractive. There are a number of reasons for this.
Firstly, this organization is headed by the owners of premises in an apartment building, which means that even the top of the organization will be interested in improving the building .
Secondly, this organizational and legal form works much more harmoniously, simpler and is subordinate to the general building meeting represented by homeowners. Of course, the partnership has its own hierarchy. There is a presence of a board - active owners, as well as a chairman.
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 it is and what important functions it performs .
If you also do not know the answers to these questions, we invite you to read the text of our article and gain new, and most importantly, useful information for yourself.
Concept
Let's start with what a homeowners' association is. Otherwise, you risk getting confused in terminology.
So, a homeowners association is an organization represented as a legal entity.
This organization, despite the fact that it is non-profit in nature , manages the account formed by the residents for the needs of the house, and the main responsibility of this organization is maintaining the house and the surrounding area in proper condition and order. Let us explain how this manifests itself.
The responsibility of the partnership includes maintaining communications in proper quality, arranging the common area, timely elimination of breakdowns, and so on.
In general, the homeowners association manages the 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 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.
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 him an employee .
This person is assigned his responsibilities as defined by the charter and the agreement with the owners. As a rule, these are predominantly administrative functions that are associated with organizing the work of all members of the partnership and employees.
Moreover, 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 homeowners' associations at once.
In addition, it is important to know that two types of contracts can be concluded with this citizen.
The first is a well-known and popular employment contract.
It is concluded between the homeowners association and the manager. It specifies the main obligations of the parties, rights, as well as the necessary conditions for cooperation.
a civil contract can be concluded with him , which also has legal force.
A distinctive feature of this act is the fact that the employee becomes an object providing services under certain conditions for a certain period of time, and not a permanent employee as in the case of an employment contract.
TSN - what kind of partnership is this? TSN and HOA: what is the difference
The new form of ownership differs from the previous one, the same HOA. Firstly, owners can independently decide how to manage the premises. If the quality of the services received does not meet the requirements, then TSN may terminate the contract and invite other organizations to perform the work.
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The HOA has outlived its usefulness. With the help of such a partnership, for example, you cannot manage an office building located in the city center. By organizing TSN, you can agree with government agencies on key issues. Moreover, the Civil Code of the Russian Federation spells out all the provisions relating to the creation, collection and dissolution of a partnership.
What is the difference from the chairman?
Many people confuse the positions of chairman of a partnership and manager. In fact, these are two completely different positions that cannot even intersect.
The chairman is the head of the HOA, who deals with organizational and legal issues, as well as financial issues, analyzes the decisions and wishes of residents, and also makes his own 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 assists in increasing the functionality of the work of the partnership’s employees.
In addition, he submits to the chairman as an employee to the employer, undertakes to comply with 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 the 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 manager has become an indispensable figure in recent years, since, having relevant work experience, he can easily determine the main directions of action , as well as report if any of the employees is doing a poor job or is 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 use resources as efficiently as possible.
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 so and the work of a good employee will be visible after 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, the owners of premises in apartment buildings decide whether they need such an employee 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 agreement are also carefully discussed with the owners and if there is any misunderstanding, one or another clause is adopted 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.
The legal status of an employee must be specified in the contract with him.
If an employee is represented as an individual, then he cannot act as a performer of public services , then he acquires the organizational and legal status of a controller for the implementation of public services. If he is an individual entrepreneur, then everything is much simpler.
Rights and responsibilities of the HOA chairman
To form a partnership, a general meeting of residents is organized. The decision to form a HOA is considered adopted if more than 50% of the assembled owners vote for it. After this, state registration of the legal entity is carried out in the manner prescribed by law.
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There is not always a person among the residents who is ready to become the acting chairman of the HOA. In such cases, it is advisable to involve a competent person from outside, i.e., someone who is not a resident of the apartment building. An agreement is also concluded with him, which specifies all the essential conditions of the activity.
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:
- Engaged in the direct selection of contractors to ensure that they provide proper maintenance or repairs to a multiple-use home.
- On behalf of the partnership, he is authorized to enter into contracts for the supply of services.
- The third obligation follows from the second, in which the employee is obliged to report on concluded contracts not only to the chairman, but also to the board, and also, if necessary, to the meeting of homeowners in an apartment building.
- He has the right to select workers for existing positions, as well as to dismiss them due to failure to fulfill any clauses of the contract.
- The previously announced function of monitoring the maintenance activities of an apartment building.
- He represents the interests of the chairman and the partnership in government bodies.
- Must prepare a quarterly estimate of the partnership's income and expenses and submit it for review to the chairman, owners and board.
- He is a link between the owners of premises in an apartment building and the owners’ association, because the former do not always have the opportunity to directly contact the chairman, and since the employee is aware of all matters and is actually a deputy , it is at least logical to resolve all issues of interest with him.
- If there are debtors among the owners of the premises, then it is the manager who must work with them to pay off the debt .
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.
Job description of the HOA manager, responsibilities and employment contract
- For violation of the law in the course of activities.
- In case of failure to fulfill obligations under agreements with third parties.
- In case of unfair use of the material resources of the HOA.
- In case of dishonest fulfillment of duties to receive and consider requests and applications from residents living in the house.
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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.
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 activities are carried out by hired workers on a permanent basis .
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 makes it possible to save money at a time when there is no work and there is no need to pay the employee for downtime.
TSN as a governing body - MKD
TSN members can:
- participate in the activities of the partnership personally or through a representative;
- elect and be elected to the management and control bodies of the partnership;
- make proposals to improve the activities of TSN;
- appeal in court the decisions of the TSN bodies (clause 1 of Article 65.2 of the Civil Code of the Russian Federation);
- demand, on behalf of TSN (clause 1 of Article 182 of the Civil Code of the Russian Federation), compensation for losses caused to the partnership, including from persons authorized to act on behalf of TSN, members of its bodies and persons determining its actions (Article 53.1 of the Civil Code of the Russian Federation);
- challenge on behalf of TSN (clause 1 of Article 65.2 of the Civil Code of the Russian Federation) transactions made by the partnership on the grounds of Article 174 of the Civil Code of the Russian Federation and demand their invalidity.
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The control body of TSN is the audit commission, which is elected by the general meeting of members of the partnership (Article 150 of the Housing Code of the Russian Federation). The Audit Commission carries out scheduled audits of the financial and economic activities of TSN at least once a year, reports to the OSS on the budget, annual report and the amount of mandatory payments and contributions.
