Agreement with the HOA manager - sample employment and civil law agreement (download for free)

What is it and why is it needed?

The house manager is an individual. He needs to have experience in management , have a higher education in a technical specialty, and be enterprising and energetic. This position implies financial responsibility.

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

The main conditions are high qualifications and the ability to manage the partnership’s full-time employees.

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.

An operating agreement is a legal document under which the HOA manager operates. 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 with a salary. 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 his own office with a mandatory computer.

Issuance and approval

Who compiles, issues and approves? The employment contract is drawn up by the parties, that is, the homeowners’ association and at the same time the manager of the homeowners’ association. The parties propose what points can be included in the document.

Before concluding an employment contract, it is necessary to coordinate this action with several services .

First, notify the meeting of homeowners.

Secondly, such an action must be carried out through the tax office .

Only upon approval of these two bodies can an employment contract be drawn up.

You can learn about which objects are on the balance sheet of the HOA, as well as what information the HOA has the right to disclose to the owners from our articles.

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, and, if necessary, repairing and updating it.

What documents are attached?

The hired specialist must be presented with a certificate of registration of the partnership as a legal entity, and also be given a charter for review.

When registering powers, the future manager must provide:

Russian passport;
certificate of pension insurance;
TIN;
military ID;
work book;
diploma;
certificate of marriage/divorce;
certificate of advanced training (if available).

If there are letters of recommendation issued by a previous employer, they are also attached to the package of documents.

When registering the employee being hired, he must be given a power of attorney to act on behalf of the management of the board, since only the chairman has the authority to act without a power of attorney (Clause 2 of Article 149 of the Housing Code of the Russian Federation).

If a civil law agreement, rather than a labor agreement, is concluded with a third-party manager, then his package of documents is limited to a passport, tax number and SNILS.

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! The absence of an employment agreement will have a detrimental effect on both the building manager and the house guests.

Employment contract with manager sample and drafting example

EMPLOYMENT AGREEMENT WITH THE MANAGER

G. _______________

"____" ______________ 2021

________________________________________________ represented by ________________________________________________, acting on the basis of ________________________________________________, hereinafter referred to as the “Employer”, on the one hand, and gr. ________________________________________________, passport: series ________, No. ________, issued by ________________________, residing at the address: ________________________________________________, hereinafter referred to as the “Employee”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter the “Agreement”, as follows: This contract governs labor and other relations between the Employee and the Employer. The contracting parties acknowledge that their rights and obligations are governed by this contract, as well as current collective agreements (contracts), labor regulations of the company ________________________________________________ and the norms of the current legislation of Russia. The Employee and the Employer have agreed that they will faithfully fulfill the terms of the contract and respect the mutual freedom of personal, social and political life, as well as freedom to participate in associations and public organizations. The rights established by this contract are respected without any discrimination against the employee, regardless of his political views, religious affiliation, social origin, property status, etc. The contracting parties also establish that changes made to this contract unilaterally have no legal force.

1. APPOINTMENT TO THE POST. RIGHTS AND OBLIGATIONS OF EMPLOYEE AND EMPLOYER

1.1. ________________________________________________ is appointed to the position of Department Manager. __________________________________________ on the basis of the order of the General Director of the company No. ________ dated “___” _____________ 2021. The manager manages the ________________________ department, which performs work on ________________________, which includes: ________________________________________________. 1.2. ________________________________________________ assumes the responsibilities of the Department Manager of the Company for the period of validity of the contract. The manager reports directly to the General Director of the company. When performing his official duties, the Manager must be guided by the law, the constituent documents of the Company, decisions of the General Meeting of Shareholders, orders and orders of the Executive Body of the Company, the Regulations on Personnel, his job description and proceed from the interests of the Company as a whole and his division. 1.3. All employees of the ________________________________________________ department are subordinate to the Manager. 1.4. Work under this contract is the main place of work of the Manager. 1.5. The manager is obliged to: - organize the implementation of the Employer’s tasks by the employees of his department, ensure the most efficient operation of the department assigned to him; — ensure a rational distribution of responsibilities between employees of the department, contribute to the creation of a normal psychological climate in the department team; — carry out planning, accounting, preparation and timely submission of reports on the activities of the department; — select candidates to fill vacant positions in the division’s employees and present them to the General Director of the Company for appointment to the position, as well as ensure the appropriate use of employees; — ensure compliance with rules and instructions on labor protection, sanitation and fire safety by employees subordinate to him; — apply optimal methods of labor organization, as well as use positive foreign experience in team management; — give specific instructions to subordinate employees on all issues within the scope of the department’s activities and monitor their implementation; — carry out tasks and instructions of the General Director of the Company accurately and on time; 1.6. The employer is obliged to: - timely and accurately determine and adjust the main directions of the department’s activities, rationally set the goals and objectives of this department; - to provide the department with the necessary information materials, documentation, equipment, office equipment, communications equipment and auxiliary supplies in a sufficient volume for the unit to perform its tasks, as well as ________________________; - do not interfere unless absolutely necessary in the current activities of the department, if the work of the department ensures the solution of the tasks facing it in full and on time. 1.7. The Manager’s permanent place of work is ________________________. 1.8. Transfer of the Manager to another job is possible only with his consent, except in cases expressly established by law. 1.9. To perform his official duties, the Manager may, by decision of the Employer or on his own initiative, go on business trips to another location with payment of expenses in the manner and amount established by law.

2. WORKING AND REST TIME

2.1. In order for the Manager to perform his duties, he is assigned irregular working hours. 2.2. The manager is assigned a ________-day working week with days off: ________________________. 2.3. The manager is granted annual paid leave of ________ calendar days with payment of compensation in the amount established by law. Leave may be granted at any time during the working year by agreement of the parties, but annual basic leave for the first year of work may be granted no earlier than ________ months from the date of conclusion of this contract with the written consent of the Employer. 2.4. With the consent of the Employer, the Manager may be granted leave without pay, if this is not reflected in general, in cases established by law.

3. DURATION OF THE CONTRACT

3.1. This contract is concluded for a period of ________________________, from “___” _____________ 2021. by "___" _____________ 2021 3.2. When appointed to a position, a manager is given a probationary period of ________ calendar months, i.e. with "___" _____________ 2021 by "___" _____________ 2021 If after the expiration of the test period, i.e. until "___" _____________ 2021 The employer did not issue an order to dismiss the Manager from office based on the results of the test, and the Manager continues to work, he is considered to have passed the test, and subsequent termination of this contract is allowed only on the general grounds specified in the contract or established by law. The probationary period is included in the validity period of this contract and does not interrupt or suspend it. If the test result is positive, no additional agreement between the parties to extend the contract period is required. If the test result is unsatisfactory, the General Director of the Company before the expiration of the test period, i.e. before “___” _____________ 2018, issues an order to dismiss the Manager from office based on the results of the test and announces it to the Manager against signature. From the date of issuance of such an order, this contract is considered terminated and its validity is terminated early. The manager has the right to appeal the order of dismissal based on the results of the trial in court. 3.3. After the expiration of this contract, it may, by agreement of the parties, be extended or concluded for a new term by drawing up a new contract in the prescribed manner.

4. REMUNERATION

4.1. The Employer undertakes to pay the Manager a salary in the amount of ________ rubles per month. Due to inflation, the official salary increases monthly by ________%. 4.2. By decision of the Employer, the Manager is given a personal bonus to his official salary in the amount of ________ rubles monthly. 4.3. By agreement of the parties, the size and system of remuneration may be revised. After revision, the new terms of the contract are drawn up in writing, signed by the parties and are an integral part of this contract. 4.4. The Manager pays taxes on the amount of wages and other income established by law in the amounts and manner determined by tax legislation. 4.5. Salaries are paid no later than the ________ day of each month. 4.6. Decision (know-how, concept, proposal, etc.) of the Manager, the implementation of which made it possible to: - increase the profitability of the Company’s work by no less than ________% (based on the results of the six months); — reduce the expenses of the Company’s financial resources by no less than ________% with a non-decreasing income (based on the results of the six months); — obtain another economic effect in the form of ________________________; It is the basis for payment to the Manager of a one-time remuneration in the amount of ________ rubles.

5. RESPONSIBILITY OF THE MANAGER AND CONDITIONS FOR TERMINATION OF THE CONTRACT

5.1. In case of failure or improper performance by the Manager of his official duties established in the Personnel Regulations, job description and this contract, or infliction of material damage to the Company, he bears disciplinary, financial and other liability in accordance with the law. 5.2. Termination or termination of this contract is carried out in the manner and on the grounds provided for by the contract and legislation.

6. FINAL PROVISIONS

6.1. Damage caused to the Manager by injury or other damage to health associated with the performance of his official duties is subject to compensation in accordance with labor legislation. In the event of the death of the Manager for reasons related to his official activities, his heirs are paid compensation in the amount of ________ rubles. 6.2. Indexation of the Manager's cash income is carried out in the manner prescribed by law. 6.3. If a dispute arises between the parties, it must be resolved through direct negotiations between the Manager and the Administration. 6.4. If the dispute between the parties is not resolved, it is subject to resolution in accordance with the procedure established by law. In cases provided for by law, the Manager has the right to appeal the Employer’s actions in court. 6.5. The terms of the contract can be changed only by mutual agreement of the parties, which is drawn up in the form of an additional agreement, which is an integral part of this contract. 6.6. All issues not regulated by this contract are subject to resolution in accordance with labor legislation. 6.7. This contract is drawn up in 2 copies: one copy is kept by the Employer, the other is kept by the Manager. Each party has the right to make, in accordance with the established procedure, the number of copies of the contract required by it.

7. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Employer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Employee Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

8. SIGNATURES OF THE PARTIES

Employer _______________

Worker _______________

Structure and content of the document

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

Subject of the agreement. This is an essential condition, without the agreement of which the act is considered invalid. In this situation, there is a legal relationship between employer and employee.
Parties to the agreement. They are the manager and board of the HOA.
Rights and obligations of the parties. From the point of view of the law, a house manager and a partnership are equal to each other and have mutual opportunities and obligations.
Responsibility of the parties. The agreement specifies the penalties for participants who violate the provisions of the agreement.
Grounds for cancellation and revision of the contract. In this case, the relevant rules must be observed.
Signatures of the parties, date of conclusion of the agreement.

Rights and responsibilities of the head of a homeowners association

The powers of the head of the HOA depend on the type of agreement on the basis of which he interacts with the partnership. With full trust management, the head of the HOA has the following rights:

representing the interests of the housing association as a legal entity in municipal authorities and supervisory services;
formation of staff at your own discretion;
concluding agreements on behalf of the partnership for the supply of resources or performance of repair work on common real estate;
management of the financial resources of the HOA;
speaking on behalf of the organization when working with debtors;
gaining access to all archival documentation.

To achieve the statutory goals, the manager can change the amount of wages, fire employees and hire new ones. During anti-crisis management, the involved manager may be given the authority to establish or liquidate staff units without the approval of the general meeting in order to speed up the process of normalizing the work of the housing structure.

REFERENCE. As part of managing the finances of the partnership, the manager gets access to spending funds from the current account and reserve funds of the partnership located in special accounts.

When concluding contracts with external organizations, the involved manager has the right to independently determine the terms of payment and performance of work, without consulting the board, but at the same time bearing full responsibility for overexpenditure of the organization’s funds or disruption of the supply of resources.

When working with debtors, the specialist involved has the right to authorize the suspension of the provision of services to such debtors until the debt is fully paid or payments begin. The amount of debt, in the presence of which the debtors can suspend services, is determined by the manager, who also has the right to collect debts for housing and communal services in court, representing the interests of the housing association as a plaintiff.

The main responsibilities of an outside manager include:

organizing uninterrupted supplies of resources in the form of heat, gas, water and electricity to residents of houses belonging to HOAs;
control over the activities of full-time employees;
ensuring the profitability of staff units;
preparation of reports on the expenditure of funds received from residents and from economic activities;
generating income and expense estimates and reporting to the meeting on their implementation;
control of receipt of payments from residents;
working with debtor residents for housing and communal services;
organization of repair work on common real estate (entrances, basements, etc.);
conducting business activities in order to attract additional funds;
concluding contracts for major repairs;
organization of territory improvement.

The frequency of generating reports on the manager’s activities is determined by the employment agreement in each specific case. For long-term and open-ended contracts, annual reports are generated, and for short-term contracts (up to three months), the specialist reports on the provision of management services.

IMPORTANT! When organizing the provision of utility resources to residents of an apartment building, the hired manager does not act as their supplier, since he is an individual.

Resources are provided on behalf of the HOA, regardless of who signed the agreement with the resource supply organizations - the chairman or the hired manager.

As part of business activities, the manager can transfer empty premises of the HOA for rent to third parties, directing the proceeds to the needs of the apartment building.

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.

ATTENTION. According to Art. 148 of the Housing Code of the Russian Federation, hiring a manager is the responsibility of the HOA board, and not the general meeting of members of the partnership.

The chairman of the board signs an agreement with the building manager and gives him one of the copies. After this, the position of manager, indicating the salary, is included in the HOA staffing table .

Cancellation of a labor act is allowed only on the grounds provided for in Art. 81 of the Labor Code of the Russian Federation.

Parties to the agreement

The subjects of contractual relations are the housing association (on the one hand) and a specialist (on the other hand).

REFERENCE! The manager can be either an individual or an individual entrepreneur, who can act as one of the parties to the agreement in several housing organizations.

Its chairman speaks on behalf of the housing association, since his responsibility is to attract employees (part 5 of article 148 of the Housing Code of the Russian Federation).

Change

It is possible to make additions and clarifications to the working agreement ; for 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.

Quite often, the manager is confused with the chairman of the HOA, but in fact these are two different positions. You can find out about what the chairman does and the nuances of his work in the HOA in the following publications:

What are the differences between the responsibilities and job descriptions of the manager and the chairman of the HOA board?
What are the responsibilities of the chairman of the HOA and what is his responsibility to the residents of the apartment building?
How is the chairman of the HOA paid?
How does the process of selecting the chairman of the HOA take place and how can it be properly documented?
Do I need an employment contract with the chairman of the HOA?
Can a non-homeowner be a candidate for HOA chairman?
What is the procedure for changing the chairman of an HOA and how can the head delegate authority?

How much is the salary?

The position of HOA house manager requires special knowledge, education and skills, but is also well paid. The average salary for this position in 2021 is within the following limits:

St. Petersburg - 30-40 thousand rubles;
Moscow – 70-80 thousand rubles;
Novosibirsk – 28-35 thousand rubles;
Barnaul - 15-20 thousand rubles;
Ekaterinburg – 25-30 thousand rubles.

By region, the earnings of house managers differ significantly, which suggests that not everyone has switched to new methods of managing apartment buildings and has not fully appreciated the importance of a good manager.