Manager at a homeowners association. Who is this?

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Each apartment building, garage complex and other types of real estate cooperate with an organization that conducts management affairs and also monitors the condition of the residential premises. In this article, we will take a closer look at such a community as a “homeowners’ association” and one of the main positions in it – the manager of the HOA. Each such association hires a manager who performs certain functions. Let's consider who the manager is, his obligations according to the job description and how to manage the HOA?

Who is the manager in the HOA, the difference from the chairman

It is necessary to remember that the manager and the chairman of the HOA are two different positions in the organization. From an official point of view, a manager is an individual who is provided with the rights to manage an organization and conducts work in a partnership. Usually an outsider is appointed to such a position.

A leader is needed in order to facilitate the work of the organization’s management system, in particular the chairman.

The main functions of the HOA manager:

• resolving issues received from homeowners that relate to the work of the partnership;
• control over activities aimed at maintaining an apartment building, repairs, and maintenance of common areas;
• search for contractors who carry out repair and construction work in residential premises;
• working with defaulters and debtors, collecting payments;
• concluding contracts on behalf of the partnership;
• use and knowledge of information about the financial condition of the organization;
• development of estimate documentation on cash expenses and income for a specific time period;
• conducts personnel records management: hires and fires employees of the partnership.

Of course, the list of responsibilities and functions of those appointed to manage the organization may grow depending on the issued orders and instructions of the HOA management.

Sometimes the chairman is faced with a huge amount of work, which he does not implement due to lack of time. In this case, the head of the HOA decides to appoint an additional person to the position of manager, who will help the chairman in fulfilling part of his obligations, manage a certain amount of work and have a number of powers.

It is possible that the management of the partnership at the meeting cannot select the desired candidate for the position of chairman among the actual owners of residential property. In this case, an outsider is hired to take the position of manager.

Based on this, an important difference between the manager and the chairman is that the manager can be any person, even if he is not the owner of an apartment or other property within the HOA.

According to the Housing Code of the Russian Federation, only the owner of the property is appointed to the position of chairman, and even someone who does not live on the territory of the partnership can be the direct manager.

Based on this, the difference between the chairman and the manager consists not only in the number of official responsibilities, but also in belonging to the common property, the interests of which are defended by the 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.

What is it needed for

The manager of a homeowners association performs activities that contribute to improving the efficiency of the organization. He simultaneously monitors, analyzes and manages the work of the association, and also makes decisions, if necessary, about replacing workers. He knows very well which problem to work on in the near future, and which difficulties can be overcome later.

Recent years of practice have shown that the manager is considered an important person in the campaign. He can easily build a plan of action in the current situation, monitor each employee, and analyze their capabilities at work. If necessary, can report to management and make adjustments to the staff.

For a long period, all HOAs existed without managers and coped with their tasks. Can the partnership now manage without a manager?

Any company strives to improve its performance and range of capabilities, therefore the position of manager is considered an integral part of the functioning of the partnership. It allows you to improve control actions related to the work of the organization and make the most of your resources.

Some homeowners in apartment buildings believe that their financial contributions are sent to an incompetent person, since they can completely do without the position of a manager.

This is wrong. The activities of a worthy manager will be noticeable after just two months of his work. If, nevertheless, complaints arise against the manager, then there is the possibility of considering the issue of the inconsistency of the specified person’s job description and terminating cooperation with him at a general meeting of homeowners.

Appointment procedure

To appoint a person to the position of manager, it is necessary to nominate him at a general house meeting and hold a vote. Without the consent and expressed opinion of all homeowners, the choice or appointment of an employee is prohibited and considered invalid.

During the meeting, arguments are made in favor of the need for such an employee to work and his personal qualities are noted. A vote is held, each of the owners of residential premises in an apartment building decides whether they need such a person.

If consent is received from the majority of voting citizens, an employment and civil law contract is concluded with the selected candidate on the same day.

The contract and all points are agreed upon with the home owners. In case of any complaints, a vote is organized again, at which dubious aspects of the agreement are discussed.

Upon conclusion of the agreement by both parties, the manager becomes an official employee of the HOA with certain rights and responsibilities.

The manager does not have the right to perform utility services if he is an individual. In this case, he performs control functions regarding the provision of housing and communal services. When a manager acts as an individual entrepreneur, he has the right to be an executor.

A manager is hired to perform the following:

1. Functions of administrative activities: organizing meetings, house-wide meetings, participating in negotiations, etc.
2. Identification of the main focus of activity: streamlining emerging conflict situations with owners and residents of apartment buildings.

Who's hiring?

As mentioned above, only a general meeting of residents can hire a person to the position of HOA manager in accordance with housing legislation. Article 145 of the RF Housing Code describes in detail what it is and what opportunities and rights it has.

Hire a manager, maybe the board of the HOA in accordance with Article 147 of the Housing Code of the Russian Federation. It states that this body manages the partnership. In this way, board members, when gathered together, can make a variety of decisions related to community issues. The chairman of the HOA can also carry out a similar action. However, he has no right to do this without consulting the board of directors.

Basic requirements for the candidate

The important requirements for a candidate for the position of manager in each partnership are different and are formed in accordance with the established regulations. It could be:

• higher economic or technical education;
• age limit – persons over 30 years old are accepted;
• no criminal record;
• the candidate must have a significant amount of free time to conduct management activities;
• responsibility;
• zeal;
• determination.

Who can get a house management job?

He must be able to find a common language well with the residents of the house and cope with various stressful situations. The ability to resolve conflicts and handle financial resources correctly is also very important.

It is for these reasons that one of the residents of the house is often appointed to the position of HOA manager . At the same time, it is very important to remember that the amount of his salary directly depends on the qualification characteristics of such a person, as well as his professionalism. There are situations when people cannot choose a worthy person for this position from among the residents of the house. In such a situation, the following requirements are imposed on outside applicants:

1. 
   Age. No clear boundaries have been established on this issue, since they are not written down anywhere. However, the manager should not be burdened with various serious illnesses or small children. At the same time, a citizen must have the ability to fulfill the duties assigned to him.

2. Education. The future manager must have a higher or technical education. At the same time, he must have a good understanding of the legal, accounting and management fields. No criminal record required.

What is the job, job description

According to Article 149, paragraph 2 of the Housing Code of the Russian Federation, the activities of the manager must comply with the power of attorney issued by the chairman of the partnership.

A job description, which contains the duties of the HOA manager, responsibilities and rights, is also drawn up and signed by the chairman.

It is a mistake to think that the manager’s obligations include only control and that his salary is in vain if all employees unquestioningly and accurately do their job regarding the quality maintenance of the house.

In reality, a manager has a wide range of responsibilities and functions:

1. Searches for contractors who will perform high-quality maintenance of residential premises or repair damage.
2. On behalf of the partnership, he is obliged to carry out transactions to conclude contracts for the provision of various types of services.
3. He is obliged to keep a report on all transactions and agreements that he was able to conclude before the chairman, as well as the board of the partnership, and, if necessary, before the owners of the property at a general meeting.
4. Can hire employees, as well as fire them in case of failure to comply with the points of the job description and contract.
5. Must supervise the maintenance activities of residential premises of the apartment building.
6. He is the representative of the chairman or board of the HOA in government bodies.
7. Every quarter he is obliged to submit for study to the chairman, board, as well as property owners a compiled estimate of the organization’s income and expenses.
8. He is considered the second person after the chairman and accepts and listens to all emerging proposals and claims from the owners of residential premises.
9. If defaulters are detected among homeowners, the manager works to collect debts from them.

In addition, the manager assists the chairman in his work and conducts activities that carry out administrative and economic functions.

The financial sphere is such a part of the organization’s activities to which the manager has nothing to do. Monetary matters are entrusted only to the chairman or the general meeting of owners of residential premises.

A sample job description is available on the Internet.

Characteristics of the HOA manager

The HOA manager is an individual whose responsibility is to organize all administrative and legal functions in the work of the partnership.

The tasks of the HOA manager are determined by the job description, according to which he is obliged to: engage in the selection of contractor organizations to carry out work on the maintenance and repair of an apartment building; enter into various contracts (for example, for the provision of utility services); hire employees and fire them in case of failure to fulfill their duties; control the implementation of various works aimed at improving the condition of the house and surrounding areas; represent the partnership in authorities and courts; prepare various financial documents, including annual estimates of expenses and income; prepare financial statements; work with debtors aimed at repaying debts; purchase materials for work.

Options for interaction with HOAs

There are two options for interaction between a homeowners association and a property manager. Each HOA chooses independently which type of cooperation suits it:

1. The first option involves conducting the activities of the partnership on behalf of the manager, with the exception of repair and construction work that is carried out by contracting firms. The disadvantage of this model is that it will be necessary to provide a wide range of employees. However, if the association is a large residential complex, then this option is quite acceptable.
2. The second model is aimed at finding and hiring employees to work in a certain period. This type of cooperation is very profitable in terms of money, since you will have to pay only when workers are needed, and during the period of inactivity you will not have to incur financial waste.

Of course, the person in the position of manager bears some responsibility for the decisions made. If the property owners and owners are dissatisfied with the work of this employee, then there is the possibility of removing him from the post of manager.

Manager rights

The rights of a manager should include:

1. The opportunity to take part in the consideration of all problems and issues that relate to the activities of the homeowners association.
2. Along with all members of the partnership, he can make decisions regarding the association and its work.
3. Has the right to offer all kinds of recommendations aimed at improving the functional component of the HOA.
4. Has access to the necessary documentation to conduct his work in the organization.

Manager's responsibility

According to the job description, in addition to the rights and obligations, the manager of the partnership may bear responsibility in his work.

In accordance with the Labor Code of the Russian Federation, a manager may be dismissed from his position in the event of failure to fulfill duties in conducting the activities of the partnership and non-compliance with the job description.

If an unreasonable waste of the organization’s funds, theft or fraudulent transactions is discovered on the part of the manager, then he faces criminal liability. In addition, compensation for material damage is expected.

In the event of damage to the organization's property, the manager provides for the repair of the damaged item at his own expense.

Forcibly, the manager is obliged to follow the internal labor regulations, as well as comply with fire safety standards. In case of detected violations, a fine is imposed.

Important

A very important question often arises: does a partnership need a license to manage an apartment building?

According to Russian laws, licensing for HOA activities is not required, with the exception of maintenance work on engineering structures. For example, a partnership that extracts water must have a license to do so.

In addition, local government authorities may issue by-laws that will provide for the availability of permits for other types of work, as well as check the actions of the board of partnerships.

It is important to know that there are many tutorials that are worth reading before you step into the role of managing a partnership. They contain step-by-step instructions that will help you learn how to effectively and correctly conduct management activities.

There are similar organizations to HOAs, such as TSN (real estate owners' association) and ZhSK (housing construction cooperative). It is very important to understand the difference between these associations and not confuse them with each other. The activities of the HOA are mostly aimed at beautification and high-quality maintenance of residential property, and TSN, in turn, only owns the housing stock. Housing cooperative is an old version of the association, the purpose of which is to carry out the construction of real estate.

Based on this, the state, as well as owners of property in apartment buildings, are increasingly coming to the conclusion that a manager is necessary and very important in a partnership. In order to function successfully and increase the efficiency of the HOA, it is necessary to attract specialists.

Method of managing a house - partnership

Owners must choose how to manage their apartment building . An apartment building can be managed by a management company, homeowners' association, TSN, housing cooperative, or it can be directly managed (Part 2 of Article 161 of the Housing Code of the Russian Federation).

Essentially, MKD management consists of:

• provision of public services;
• performing work and providing services for the maintenance and repair of common property;
• use of common property - provision for use or lease to third parties on the basis of a decision of the general meeting of owners (Part 3-3.1 of Article 44 of the Housing Code of the Russian Federation).

All funds collected from the owners of the premises must go exclusively to the purposes indicated above.

In accordance with Part 2 of Article 161 of the Housing Code of the Russian Federation, owners of premises in an apartment building cannot simultaneously choose 2 management methods in one apartment building. But there is one nuance here. In the same part 2 of Article 162 of the Housing Code of the Russian Federation there is a wording that allows, having de jure chosen one control method, de facto simultaneously implement two methods of managing MKD.

According to the content of this part of the article, under the management agreement, the management company, on the instructions of the other party, during the period specified in the document, undertakes to perform work and provide services for the management of apartment buildings, maintenance and routine repairs of common property in the house, and the provision of utilities. At the same time, the other party to the agreement can be not only the owners of the premises in the apartment building, but also the governing body of the homeowners’ association .

Thus, the owners, having chosen at the general meeting the method of managing their home by the HOA, can, through this governing body, enter into an agreement with the management company. At the same time, there will be no violation of the law.

TSN as a management body of MKD
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It is important to know and remember that the apartment management agreement concluded between the HOA and the management company should not be confused with the house maintenance agreement concluded between the same HOA and the management company. Let's look at both of these cases in more detail.