home › Apartments for rent › Who accepts and dismisses the chief engineer of the HOA. What is the difference between the chairman of the HOA and the manager, and who are they? Registration of the legal status of the manager

Who accepts and dismisses the chief engineer of the HOA. What is the difference between the chairman of the HOA and the manager, and who are they? Registration of the legal status of the manager

The manager of the HOA and the chairman of the HOA is different people. Formally, the manager is an individual who, for some remuneration, is delegated a part of the administrative functionality related to the organization of work directly by the HOA. As a rule, the managing partnership attracts from outside.

Thus, we can conclude that the position of the manager is intended to "unload" the management apparatus of the partnership in the person of its chairman.

The main functions of the manager in the HOA include:

Of course, a number of functions and official powers manager of the HOA can expand according to the decisions given by the leadership of the partnership.

Quite often, a sufficiently large amount of obligations is imposed on the chairman of the HOA, which he cannot cope with, or he simply does not have enough time for this. Then the leadership of the partnership engages a person who agrees to take the position of manager and share some of the duties with the chairman, taking over his functions related to internal processes.

There are also cases when among the tenants who are the actual owners of housing, they cannot find a suitable candidate for the chair, and the meeting cannot decide on a choice. Then a third-party person is also hired for the position of manager of the HOA.

Important! The key difference between the manager of the HOA and the chairman of the HOA is that the position of manager can be taken by a person who is not the owner of housing on the territory of the partnership.

A hired manager does not even have to be a tenant of a particular house to take this position in partnership. The Russian Housing Code emphasizes that only the owner of housing can become the chairman of an HOA.

Thus, the difference between the positions of the manager and the chairman lies not only in the scope of obligations, but also in their legal relationship to the common property, the interests of which are protected by the HOA. If for the chairman direct belonging to the MKD is mandatory, then for the manager it is not.

How and where is the legal status regulated?

The legal status of a manager is fixed in an employment contract or in the process of approving a civil law agreement upon entry of a person who has declared to become a manager to the appropriate position.

Besides, legal status must be fixed in job description manager.

Because the manager is individual, at the time of the conclusion of the transaction, the party of the board of the partnership does not transfer to the manager its obligations regarding the implementation utilities, but remains their executor.

Reference! The legal field of the manager's position is in the plane management processes of an administrative nature, including control over the observance of order in relation to public real estate in particular its maintenance, repair and maintenance.

There are cases when the Charter of the HOA contains a number of fixed obligations, among which may be stipulated certain aspects. Then the scope of powers, the transfer of which is carried out by the manager of the HOA, is determined by the board of the partnership itself outside the legal field.

The incoming manager of the HOA can be recommended to carefully read not only the contracts and instructions, but also the Charter of the HOA, in which he plans to conduct his labor activity in the future.

Partnership interaction models

There are two models of interaction between the manager and the partnership:

Registration of powers through the signing of an agreement

As mentioned earlier, the HOA draws up one of two types of agreements with the person taking over as manager - an employment contract or an agreement on a civil law basis.

Power of attorney

The HOA has the right to designate and transfer to its manager official functions in an official power of attorney. Typically, this document is issued in situations where the manager needs to represent the interests of the partnership in a third-party organization, for example, in various authorities.

The power of attorney indicates all the powers of the manager, which are usually duplicated with those given in his job description or set out in a civil law agreement.

General provisions regarding its design are set out in Chapter 10 of the Civil Code of the Russian Federation.

Concluding the clarification of the subtleties regarding such positions as the chairman and manager of the HOA, it can be noted that there is a significant difference between them, especially in a legal context.

After receiving the Certificate of registration of the HOA, it is necessary to make a round seal and open a current account in any bank. In accordance with Part 2 of Art. 23 of the Tax Code of the Russian Federation, the HOA is obliged to notify the IFTS of opening an account within 7 (seven) days from the date of its opening, otherwise in accordance with Art. 118 of the Tax Code of the Russian Federation, a fine of 5,000 (five thousand) rubles will be imposed on the HOA.

In addition, it is necessary to carry out the registration of HOAs with state non-budgetary funds and statistical bodies.

The initiative group or the chairman of the HOA notifies the owners of the premises of the apartment building about the completed registration of the HOA. The chairman of the HOA informs the owners of the premises about the expediency of their entry into the members of the HOA.

According to the explanatory letter of the Ministry regional development Russian Federation dated December 20, 2006 No. 14314-RM / 07 “On the timing of the obligation to start managing an apartment building”, a homeowners association is obliged to start managing an MKD immediately from the day state registration HOA. According to the explanatory letter of the Ministry of Regional Development of the Russian Federation dated December 20, 2006 No. 14313-RM / 07 “On the transfer of technical documentation to the MKD”, the organization that managed the apartment building earlier (i.e. before the creation of the HOA) is obliged to transfer to the partnership free of charge technical documentation on the house thirty days before the obligation of the HOA to start managing such a house.

In accordance with Part 1 of Art. 137, art. 162 HOA can manage an apartment building in two forms.

Which governing body of the partnership - the general meeting of members of the HOA or the board of the HOA - has the right to decide on the choice of the form of management of the MKD? The answer to this question should be contained in the charter of the partnership. If the charter of the HOA does not include this issue within the competence of the board, then this issue is decided by the members of the HOA at their general meeting.

Two forms of management of an apartment building in which an HOA is created:

I. The HOA manages the house independently, while all or most types of work are performed by the personnel hired by the partnership, some work is performed by contractors in accordance with the concluded agreements. The HOA, on its own behalf and in the interests of its members and other owners and users of premises in an apartment building, enters into agreements with resource-supplying and other organizations that provide other types of services by decision of the general meeting of HOA members, for example, communication services - RSVO, MGTS, protection of entrances, etc. .P. Citizens' payments for housing and communal services are credited to the settlement account of the HOA.

A variation of this form is the situation when the HOA concludes an agreement for the performance of work and services for the maintenance and repair of common property in an apartment building for all types of required work and services in such a house with a specified frequency of performance. Concludes contracts with resource supplying enterprises, acts as a contractor of public services. Concludes in the interests of the owners of the premises contracts for the provision of other services.

II. The HOA enters into an agreement for the management of an apartment building with a Managing Organization, entrusting such an organization with the performance of works and services for the management, maintenance and repair of an apartment building, the functions of an executor in the provision of public services, the conclusion of other agreements in the interests of the owners of premises in the house, as well as the accrual and collection of payments for services rendered by the managing organization under the contract. When choosing a management organization, you can use the information of the Multi-apartment building management portal. Citizens' payments for housing and communal services are credited to the settlement account of such a Managing Organization.

In the second form, the management of the house is carried out by the Managing Organization, acting as the contractor of public services, performs work on the management, maintenance and repair of common property in an apartment building.

With this option, the economic and financial activities of the HOA are carried out only in part of the work performed directly by the housing association. In this case, the HOA does not incur expenses and has no income if it is not engaged in any business activity in accordance with its charter and does not form trust funds at the expense of it, which are subsequently allocated, for example, for the overhaul of an apartment building. The HOA only exercises control over the activities of the Managing Organization, organizes interaction with the owners of the premises. The organization with which the HOA concludes a management agreement acts as a contractor in relations with the HOA, performing services for the management of an apartment building.

III. A variant is possible in which the HOA concludes a management agreement with the managing organization, but performs the functions of accruing payments for housing and communal services independently. Payments from owners, tenants, tenants of premises and budget subsidies are transferred to the settlement account of the HOA. Flaws this method- a large amount of work for the chairman of the HOA, the need to take on permanent job one or more accountants, respectively, significant additional payroll costs.

All organizations are required to maintain accounting records of property, liabilities and business transactions. This also applies to HOAs. When forming an accounting policy, the HOA chooses one method from several that are permitted by law and regulations on accounting. According to clause 5 of the Accounting Regulations “Accounting Policy of the Organization” (Order of the Ministry of Finance of Russia dated October 6, 2008 N 106n (as amended on December 18, 2012) “On Approval of Accounting Regulations”) Chief Accountant HOA or other person responsible for maintaining accounting(for example, the head of the organization, which in the HOA is the chairman of the board) approves the accounting policy. That is, a special administrative document (order on accounting policy) must be adopted in a housing association.

In the absence of work performed directly by the HOA, formed partnership funds, income, the sources of which are not obligatory payments of members of the HOA and owners of premises who are not members of the HOA, based on the results of the economic activity of the housing association, a “zero balance” must be drawn up, which is submitted together with the relevant financial statements to tax authorities and statistical reporting authorities.

Responsibility for the organization of accounting in the HOA, ZhK, ZhSK is assigned to the chief accountant or the head - the chairman of the board. The latter may also apply to the services of a specialized organization.

According to Part 1 of Art. 165 of the Housing Code of the Russian Federation, local governments are obliged to ensure equal conditions for the activities of managing organizations, regardless of their organizational and legal forms. To implement this requirement, the Moscow Government issued a resolution dated April 24, 2007 No. 299-PP "On measures to bring the management system of MKD in the city of Moscow in accordance with the Housing Code of the Russian Federation", according to which organizations performing the functions of managing apartment buildings, regardless of of their organizational and legal form (GUP, HOA, ZhSK, LLC, OJSC, etc.) from the budget of the city of Moscow, subsidies are provided for the maintenance and current repair of an apartment building - for the total area of residential premises (excluding the area of \u200b\u200bsummer premises: glazed and open loggias, terraces, balconies) occupied by certain categories of citizens (owners of a single dwelling; owners of privatized apartments; citizens occupying premises under social tenancy agreements).

In the first form of management of an apartment building, the HOA has the right, in the prescribed manner, to conclude an agreement with the GKU IS for the provision of subsidies from the budget of the city of Moscow for the maintenance and repair of common property in an apartment building. Subsidies are credited to the settlement account of the HOA.

In the second form of management of an apartment building, the responsibility for concluding an agreement on the provision of subsidies from the budget of the city of Moscow for the maintenance and repair of common property in an apartment building is assumed by the managing organization. Subsidies are credited to the settlement account of such a managing organization.

The management of the MKD should ensure favorable and safe living conditions for citizens, the proper maintenance of common property in the MKD, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house.

Today, more and more often in the practice of HOA, next to the chairman of the board, the figure of the HOA manager appears. This trend is quite natural, moreover, it is likely to develop, confirming the idea of the need to combine the self-management of MKD with professional management.

It is quite obvious that it is far from possible to find an owner in every house (and only the owner of the premises in the MKD, who is a member of the partnership, can be the chairman of the board of the HOA), who would have sufficient knowledge and experience, and most importantly, the desire to leave completely or partially his main job (because the quality work of the chairman of the board requires a significant amount of time) and dedicate yourself to working for the good of the whole house. Meanwhile, it is quite possible to find a person who is willing and able to determine the main directions of work in managing the house and control the execution of the plan, while the hired manager will do the rest of the work.

The manager of the HOA is an individual who is entrusted with all the current administrative functions for organizing the work of the partnership, which may have the status individual entrepreneur, or may not have one.

Note. Recently, the practice of attracting the so-called anti-crisis manager to the HOA has become widespread. certain period to establish the work of the partnership and transfer experience to the board.

Registration of the legal status of the manager

Two types of contract can be concluded with the manager: an employment contract, by including it in the staff of the HOA, or civil law, one of the forms of which is a service contract.

It should be noted that Art. 145 of the Housing Code of the Russian Federation, attraction of the manager as an employee to the exclusive competence of the general meeting of members of the HOA does not include, and here is Art. 148 (4.5) refers to the duties of the board of the HOA: the management of MKD or the conclusion of contracts for its management; hiring workers to service MKD and dismissing them. Thus, the question of the conclusion employment contract the board of the HOA should decide with the manager . In turn, the chairman of the board in accordance with paragraph 2 of Art. 149 of the LC RF may make transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval of the board or the general meeting of members of the partnership.

If an employment contract is concluded, the position of the manager with the corresponding salary must be included in the staffing HOA within the framework of the cost estimate approved at the general meeting of members of the HOA in accordance with paragraph 8.1 of Art. 145 ZhK RF. At the same time, the authority to hire employees to service MKD and dismiss them in accordance with paragraph 5 of Art. 148 of the Housing Code of the Russian Federation refers to the duties of the board of the HOA. Therefore, an employment contract with a manager is concluded on the basis of a decision of the board, and an employment contract with a specific manager is signed by the chairman. As for the termination of the employment contract, it is possible only on the grounds provided for in Art. 81 of the Labor Code of the Russian Federation

Possibility of conclusion civil law contract with the manager due to the following circumstances:

The principle of freedom of contract (Article 421 of the Civil Code of the Russian Federation), according to which the parties can conclude an agreement, both provided for and not provided for by law or other legal acts; the provision of paragraphs. 1 p. 1 art. 137 of the Housing Code of the Russian Federation, which, along with the right of the HOA to conclude an agreement for the management of MKD, agreements for the maintenance and repair of common property in MKD, agreements for the provision of public services, provides for the right to conclude other agreements in the interests of members of the partnership. These "others" should include an agreement with the manager of the HOA.

Signing a contract for the provision of services with a manager (IP) is similar to signing an employment contract. Termination of such an agreement is carried out according to the rules of Ch. 29 of the Civil Code of the Russian Federation, namely in case of a material breach of the terms of the contract by one of the parties and in other cases established by the Civil Code of the Russian Federation, other laws or the contract. The agreement, as a rule, provides for the possibility of unilateral termination of the agreement by one of the parties by notifying the other party of this within the period specified in the agreement.

In relations with third parties, the manager of the HOA acts on behalf of the partnership on the basis of a power of attorney issued in accordance with Ch. 10 of the Civil Code of the Russian Federation.

According to paragraph 2 of Art. 149 of the LC RF, a power of attorney is issued by the chairman of the board of the partnership as a person entitled to act on behalf of the HOA on the basis of the charter, i.e. without additional authorization. At the same time, the content of the power of attorney (the list of powers transferred to the manager) should be based on the terms of the contract. This is important, since the manager can be delegated by proxy, for example, the authority to conclude maintenance and repair contracts, which originally belonged to the board of the HOA, and not to its chairman. If this condition is not stipulated in the contract, and the chairman nevertheless included the indicated authority in the power of attorney, then according to Art. 174 of the Civil Code of the Russian Federation, a transaction may be declared invalid by a court.

Legal status of the HOA manager

The legal status of the manager, namely his rights and obligations, must be specified either in the contract itself when concluding a civil law agreement, or in an employment contract and job description.

It is clear that the manager - an individual cannot be a utility service provider. At the conclusion of the agreements discussed above, the executor of utility services remains the HOA, therefore, the scope of the rights and obligations of the manager lies in the plane of administrative HOA management, as well as in the field of maintenance, maintenance and repair of the common property of MKD.

Unless otherwise provided by the charter of the HOA, the scope of powers transferred to the manager is determined by the board of the HOA, regardless of the type of contract.

The manager of the HOA, depending on the degree of trust, can be entrusted, for example, with the following functions:

Selection of contractors for the maintenance and repair of the common property of MKD (at the same time, the management of the HOA may retain the authority to conclude an agreement, or may also entrust the manager);

Conclusion of contracts for the provision of public services;

Conclusion of other agreements on behalf of the HOA;

Hiring and firing employees;

Implementation of control over the performance of work on the maintenance, maintenance and repair of MKD;

Representing the interests of the HOA in the authorities state power and local government;

Preparation of estimates of income and expenses of the HOA for the year;

Training financial report HOA boards before the owners for the annual general meeting;

Interaction with owners and members of the HOA on the work of the HOA;

Collection of debts to the HOA from the owners of premises in the house, etc.

As for the funds of the HOA, this important authority can be left to the board and the chairman of the HOA. If the Administrator is given the right to dispose in cash HOA this decision must be properly executed in the power of attorney and bank documentation.

Ways of interaction between the HOA and the manager

In the framework of the first model, management is carried out by the manager, and maintenance and repair are carried out by the hired staff of the partnership. The main disadvantage of this scheme is the need to maintain a large staff of workers with a permanent salary. The main advantage of the model can be called the greater independence of the HOA from third-party organizations. Such a scheme is found and justifies itself in large partnerships that unite several apartment buildings (residential complexes).

The second model: management is carried out by the manager, and maintenance and repair - by contractors under contracts with the HOA. Of course, the positive side of this model is the absence of the need to maintain its material and technical base and the ability to choose contractors who perform this or that type of work more qualified than the hired personnel of the partnership.

Regardless of the chosen model, the work of the HOA with the manager assumes the presence of a person responsible for managing the MKD, who manages professionally, and a permanent body of the HOA - the board, expressing the interests of the owners and controlling the activities of the manager. The main problem in selecting a manager is that one HOA cannot always offer a qualified manager a remuneration according to his request, which is why most of the managers we know combine work in several HOAs.

Afterword

It should be understood that the manager of the HOA is not Technical Specialist in MKD, it is rather a project manager who takes on administrative and managerial concerns, providing professional consulting and / or legal support. If the manager of the HOA has the status of an individual entrepreneur, he can work with his team, providing other Additional services, including the services of a caretaker's technician and accounting support.

If there is no professional manager of the HOA in the house (or the chairman of the HOA did not take over these functions), then the management functions are tacitly transferred to a third party: the management company / or the company operating the house. And this means that the HOA, instead of concluding direct contracts for services Maintenance and maintenance of the house, pays for the services of an intermediary, and this is much more than annual payment HOA manager. At the same time, the HOA loses not only money, but also the ability to control the quality and quantity of services performed, regularly paying these works to the intermediary. The result of such intermediary services is obvious: houses are dilapidated, equipment becomes unusable, and the owners are perplexed where the money goes and why there is no order in the house.

Olga PERMINOVA, expert, manager of the HOA

The solution is simple - take the power to maintain your home into your own hands! It is this opportunity that the Housing Code of the Russian Federation (LC RF), which came into force on March 1, 2005, provides us with.

Why should we manage our home?

Because we are not indifferent to what house we live in and what house our children and grandchildren will live in!

How do you manage your home?

According to Art. 161 p. 2 of the Housing Code of the Russian Federation, there are three ways to manage an apartment building (hereinafter MKD)

direct management of the owners of premises in MKD;
management of the managing organization;
managing a homeowners association (HOA).
Let us dwell briefly on these control methods.

Direct management of the owners of premises in an apartment building (Article 164 of the Housing Code of the Russian Federation)

In the case of direct management of an apartment building by the owners of premises, contracts for the provision of services for the maintenance and (or) performance of work on the repair of common property with persons engaged in relevant activities, the owners of premises in such a house are concluded on the basis of decisions of the general meeting of these owners.

Contracts for cold and hot water supply, sanitation, electricity, gas supply, heating, etc. are concluded every owner directly with each resource supplying organization (Mosvodokanal, MosLift, etc.).

When managing a house, many questions arise and they must be promptly resolved, which means collecting a meeting or interviewing each owner. How often to have meetings? Once a quarter, once a month or every week? And if the house has 100 or more owners? The conclusion is obvious - this method is only suitable for houses where the number of owners is insignificant, no more than 6-10.

Conclusion: effective direct management of the owners of premises in an apartment building is possible when the number of owners in the building is insignificant.

Managing organization management

When managing the managing organizations Management Company enters into an agreement with every owner. The contract is concluded on the terms determined by the general meeting. Accordingly, the contract must be developed by a lawyer who, among other things, has knowledge in the field of management, maintenance, operation and repair of apartment buildings. Is there such a lawyer in every house? The question is rhetorical. Therefore, such an agreement will be offered by the managing organization. Whose interests will be protected by such an agreement? Definitely - the interests of the managing organization. What is the control over the activities of the managing organization? None! The owner is opposed to a legal entity. And in order to change the managing organization, it is necessary to hold a general meeting, choose another managing organization, and agree on a new contract. And it is not yet known whether the new management organization will be better than the previous one.

Conclusion: management of the managing organization is currently the most unpredictable way of management.

Where is the exit? Exit - management of the HOA!

What is TSZH? HOA is a non-profit organization that unites owners of premises in an MKD for the joint management of a complex of real estate in an apartment building, ensuring the operation of this complex, possession, use and, within the limits established by law, disposal of common property in an apartment building. The share of ownership of common property in the house (Article 290 of the Civil Code of the Russian Federation) is proportional to the total area of your apartment (Article 42 of the Civil Code of the Russian Federation).

The Housing Code of the Russian Federation states that the owners of residential premises are responsible not only for the maintenance of their premises, but also for the maintenance of common property in an apartment building.

Common property includes inter-apartment landings, stairs, elevators, elevator shafts, corridors, technical floors, attics, basements, in which there are utilities, as well as roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment located in this house; the land plot on which the house is located, with landscaping and landscaping elements.

A homeowners' association is a legal entity created by the residents themselves, the owners of premises in an apartment building, in order to be able to independently manage, and, possibly, operate their home.

Utility payments of tenants are received directly to the account of the HOA for further distribution to needs at their discretion. After registering the HOA, residents-owners who did not want to become members of the HOA enter into a management agreement with the HOA of their home. The board of the HOA has the right to transfer the functions of managing the house to another managing organization. In this case, the management agreement is signed by the managing organization on the one hand and the Board of the HOA on behalf of the owners on the other hand. Serious issues such as education and the collection of additional funds in reserve funds for restoration, home repairs, borrowed money and bank loans, etc. refers exclusively to the competence of the general meeting of owners - members of the HOA, and is adopted when at least 2/3 of the total number of votes of the owners of the premises voted for it.

How does the HOA manage the house? The executive body of the HOA is the Board. The Board executes the decisions of the general meeting of members of the HOA. Who is elected to the HOA Board? Homeowners! That is, you or your neighbors. Will you or your neighbors mismanage the house? No, because you and your neighbors live in your own house. You run your own house, but you are not alone, you are a “party”, you are a legal entity acting on an equal footing with others legal entities, you yourself determine what contract, with whom and at what price to conclude, you yourself decide how much money you need to collect in order to bring and maintain your house in order and live with dignity in your house.

Conclusion: at present, the management of the HOA is the most optimal and effective method apartment building management.

By creating an HOA, you not only do not lose the support of the city of Moscow, but on the contrary, you receive special advantages.

Decree of the Government of Moscow No. 1032-PP dated December 4, 2007 (On the city target program for the overhaul of apartment buildings in the city of Moscow "Repaired House for Responsible Owners" for 2008-2014), it is envisaged that, first of all, overhaul will be carried out in houses in which HOAs have been created (clause 1.1.1 No. 1032), and not regardless of whether an HOA is created or not, repairs will be carried out completely free of charge at the expense of budget funds.

Why did this priority arise? We see that when implementing the My Yard, My Entrance program, a strange situation sometimes arises: the city pours huge funds into repairing entrances, landscaping yard areas, and after a year and a half, all these efforts come to naught ... due to the efforts of the residents themselves and their children. Everything collapses, breaks, covered with obscene inscriptions. People do not feel like the owners of all this goodness. Many even believe that the elevator belongs to DEZ or Moslift. No, it belongs to the owners in the house and it will be repaired at their own expense.

The city overhauls the house at the expense of budgetary funds and hands it over to the residents - take care of it, because next time you will repair it with your own money.

Sooner or later - according to the Housing Code of the Russian Federation - the owners will have to fully bear the costs of maintaining and repairing the house. The state will return its debt for underrepair, but it is also better for owners to quickly create an HOA in order to enter the overhaul program in a timely manner.

The Chamber of Control and Accounts of Moscow revealed facts of violations during the overhaul in 2008. For example, it was noted that in some cases the quality indicators of the repair work performed, as well as some finishing elements, do not meet the requirements of comfort and safety.

It is necessary to create an HOA (house committee, committee of territorial public self-government, or at least initiative groups for a start) not when the house is “repaired”, but before the start of work. To keep everything under control, any body of housing self-government, but only really acting, will do.

When holding meetings of owners of apartment buildings, the obligatory presence of customers and general contractors is required, which must provide detailed information on the types and scope of work.

Currently, informing the owners of apartment buildings is carried out:

through the media (district and district newspapers, cable TV, Internet);
holding meetings;
dissemination of information materials.

But the lack of legal culture of the owners, the short period of market transformations in Russia, the heterogeneous social composition of the owners make the task of holding meetings of owners very difficult. Inability to collect required amount votes (66.70% - which is 2/3 of the total number of votes of the owners of the premises), due to their passivity and distrust, complicates the task of making a decision on a major overhaul of the house. The disunity of the owners of MKD at a meeting in person will not lead to common decision both on the approval of the list of works carried out during the overhaul, and in matters related to the participation of the owners of the premises in control over the production of work on the overhaul and in the acceptance of work after their completion.

When holding a meeting in absentia, in order to prepare a package of documents (notices and decisions), it is necessary to have copying equipment, staffing professionals who can answer the numerous questions of residents. Owners refuse to take part in this work because of their incompetence, lack of free time. When using the administrative resource of the administrations and specialists of the GU IS, the owners become distrustful, and this method will take a long time to deliver notifications, collect decisions and count the votes of the owners of MKDs and lead to a delay in the planned overhaul.

Residents should know:

The state will not leave the owners without help in the future. In every administrative district, in the districts will be created service centres, which will provide the most diverse set of services for the HOA. (selection and assistance in concluding agreements between HOA and operating organizations, support of such agreements. Assistance in cost optimization and search financial resources for the HOA. Control over the expenditure of funds by operating organizations. Independent legal and accounting support for the work of the HOA).
The provision of budget subsidies to HOA for the maintenance and current repairs of the houses they manage will follow the same procedure as for the directorates of a single customer, but they will go directly to the HOA account.

Other measures to support the HOA are detailed in the Decree of the Government of Moscow dated May 22, 2007 No. 398-1111 “On the Program for the Support and Development of Homeowners Associations, Housing and Housing Construction

cooperatives in the city of Moscow for 2007-2009 and tasks for 2010” and our previous publications.

So, in order to solve the problems of housing and communal services, it is necessary to strengthen the involvement of residents in the management of their homes.

So, there is a need to resolve urgent issues of housing and communal services, there are financial resources allocated for these purposes, a green light has been opened for the mass creation of homeowners associations. The point is only the main thing - the desire and aspiration of the inhabitants of the city to decide the fate of their homes themselves.

For all questions related to the creation of HOAs, their work, holding general meetings and other self-government issues, you can always contact the State Institution "IS of the Khoroshevo-Mnevniki District" in person or by phone +7 499 728-39-95.

Those who closely follow changes in legislation are aware that since 2006 it is simply pointless to demand performance from the relevant municipal structures - the government of the Russian Federation has given the green light to every owner of his apartment.

It became possible to organize a non-profit structure whose purpose is to manage and control joint property. The homeowners association fully controls where the money collected from residents is spent and what quality the purchased services are provided.

After collecting data on all owners of real estate in the controlled territory, an open in-person meeting of all residents is held, at which the management bodies of the Homeowners Association are elected. The voluntary choice is supported by the minutes of the meeting and the voting forms of each participant. The result of the elections, which was attended by at least half of all property owners, can be considered legal.

Initially determined executive body - auditor and board members the charter of the organization is approved. The term of the board of the selected group is determined by the charter. Basically, it does not exceed 24 months. supreme body management is considered the general meeting of the members of the organization. Further, on the basis of Article 147 of the Housing Code of the Russian Federation, the chairman of the partnership is selected from the board members, who fully manages the HOA. The meeting of the members of the association is competent:

make any changes to the charter of the HOA;
make a decision on reorganization either;
elect members of the board and the audit committee;
set the amount of the membership fee;
organize additional HOA funds - a reserve financing fund, a fund for restoration work and repair of common property;
make decisions on obtaining a loan from banks;
determine the main directions for investment;
approve the organization's financial activity plan;
consider complaints against the current governing bodies of the HOA (we wrote about complaints);
determine the amount of payments to active members of the partnership;
decide on the lease of controlled premises and territories.

As it was said earlier, all the actions and powers of the governing bodies of the HOA are strictly regulated by the adopted charter. According to this document, the frequency and terms of convocations of members of the partnership are determined. Often the meeting is held once every 30 days. The course of the meeting and the decisions taken are strictly recorded, and the minutes are kept in the archives for a long time.

The chairman of the HOA receives payment for the performance of his duties, the members of the board work free of charge. The governing bodies conduct office work and accounting. To such a court non-profit organization absolutely all financial issues regarding the life support of the controlled territory are taken out. At the moment, the process of managing the Homeowners Association is regulated by the founding document of the organization.

The charter clearly defines all the rights and obligations of the structure and governing bodies. The aspects prescribed in it should not run counter to the legislation of the Russian Federation and local legal documents. This paper must contain:

name of the HOA, address and other general data;
the purpose of creating a non-profit structure;
rights and obligations of members of the HOA;
clauses that regulate the activities of the chairman of the partnership, the auditor and members of the board;
the procedure and frequency of the collection;
structure elimination algorithm.

Activities

In order to achieve the goals specified in founding document, HOA has every right to exercise economic activity, based on Article 152 of the Housing Code of the Russian Federation. A prerequisite organization of the HOA is a competent demarcation of the territory, with the correct procedure, all attics, basements and the surrounding area will be controlled by the Homeowners Association.

a commercial

According to article 24 Civil Code Russian Federation, HOA has the right to perform entrepreneurial activity if it is necessary to achieve the set goals. under commercial or financial activities it is necessary to accept manipulations with securities - their acquisition and sale, production of goods and services.

In practice, the Homeowners Association can use the financial resources that are on the account in the structure, can make decisions regarding the management of real estate and the appropriateness of its use.

The partnership may apply to the banking structure for a loan for the agreed needs. Members of the board and the manager may provide for temporary use (lease) a share of the controlled territory in order to obtain financial resources that will be used for the needs of the partnership. This opportunity is provided on the condition that the rights and interests of the property owners are respected. How to see ? Read by clicking on the link.

Household

Based on paragraph 2 of article 152 of the Housing Code of the Russian Federation, the HOA has the right to engage in the following types of business activities:

use, maintenance and timely repair of controlled real estate and territory;
construction of additional real estate objects in a multi-storey building (based on the decision of the meeting of members of the HOA);
renting out a share of the common territory or real estate.

The dividends received as a result of the above operations are used for the purposes indicated by the charter.

For example, it can be landscaping a yard, building a playground or gazebos, asphalting sidewalks or repairing a road.

If the owners of real estate use the funds received in bad faith, the association has the right to demand a return to judicial order.

Quite often, the elected chairman of the partnership does not have the opportunity, and sometimes the desire, to leave the main place of work and devote himself entirely to good deeds. Therefore, there is an increasing tendency to attract an individual who will determine the main directions of development and work on home management. This person is the manager. With an individual applying for the role of a manager, the management of the HOA can conclude an employment contract, thereby including him in the staff of the position in the HOA.

Read more about the duties of the chairman.

Labor contract

Article 57 Labor Code Russian Federation, in the employment contract () of the person entering into, it is imperative to indicate the passport data of the future employee, the name of the partnership and registration marks of the enterprise, the place and date of conclusion, the name of the employee's actual place of work. Designated labor obligations and conditions, as well as work schedule, availability and amount of compensation and payment.

In the case when the above data was not included in the employment contract, it is still considered valid. Edits regarding missing data are made directly to the text of the contract, and unspecified conditions are indicated in special application.

Job description

This document fully regulates the rights and obligations of the manager, streamlines labor process. The job description is prescribed by the chairman and approved with lawyers. It is drawn up in two copies, one of them remains in the management bodies of the partnership, the second is given to the manager in the hands.

The document should include the necessary skills that the manager should have, his duties and rights. To date, it is not possible to adopt a legislative document that would regulate the content and process of developing job descriptions. Therefore, the management of the HOA has the right to personally develop such a document ().

Reporting to owners

Very often in the house, which is managed by the HOA, "ordinary" citizens and members of the partnership coexist. Both that and the second category of people has the right to get acquainted with the documentation of the organization, but their access level will be different. At the moment, the algorithm for providing the requested documentation has not been developed at the state level, so which documents to show and which not are decided by the management of the HOA. Papers provided for review by a simple tenant of a multi-storey building:

minutes of the meeting of members of the HOA, which are stored in the archives;
papers confirming the decisions made on the issues on the agenda - lease agreements, and reports on the work performed;
charter of the Homeowners Association.

In addition to all of the above papers, a community member has the right to access financial documentation, namely:

estimates of income and expenses;
financial activity reports.

Receipts

One of the forms of reporting to community members is receipts for payment of the membership fee. It is important that each receipt is supported by a check. cash register and had all registration marks Homeowners' association. Such a document must include information about the member of the partnership and the address of his residence. The current account of the recipient and its identification code, the purpose of the payment and for what period it is made, as well as the amount of the contribution and the signature of the payer.

As it was written earlier, when conducting the fees of the Association of Homeowners, the course of the meeting and All decisions made are recorded in the minutes. The protocol displays all the questions that were submitted for discussion and Taken measures. The names and surnames of the members of the partnership present with personal signatures, respectively, must be entered.

The protocol is kept by the secretary, who is specially invited to such events. The average protocol should contain the registration number of the document, the name of the meeting indicating the nature of their holding, the date and time of the holding, as well as the number of those present by name, the agenda, indicating all the issues and reasons for the meeting. At the end of the document, it is necessary to record the result of the vote and put the signatures of all those present.

Power of attorney

Quite often, for some reason, the manager cannot fully perform his functions, then in order to ensure the life of the partnership, it is necessary to issue a power of attorney for the manager (). Such a document allows the employee to defend the opinion of the chairman at general meetings of members of the Homeowners Association and general meetings property owners, to take part in voting on all issues announced on the agenda.

Appeal in court the decision of the governing body of the HOA "Name", if they violate the rights of the chairman as a member of such an organization, sign and perform other actions necessary to represent his interests at the meeting.

The manager has the right to manage the territory under his control on the right of economic management, he can also sign documents of the first importance.

Accounting policy

Competent accounting policy (), a rather important aspect in the development and formation of a full-fledged HOA. It allows you to control almost all finances and activities of the enterprise by the owners themselves, to determine the optimal legal taxation schemes. The accounting policy should cover organizational issues, reflect the formation of data by segments. Have methods for assessing the balance of assets and liabilities, regulate tariffs for services and generate information displayed in reports.

Seal

According to the Decree of the Federal State Statistics Service of the Russian Federation, record keeping strict accountability, work books and primary papers, provides for the presence of a seal with the full name of a non-profit organization. Based on paragraph 5 of Article 135 of the Housing Code of the Russian Federation, the Homeowners Association has the right to have stamps with its name, as well as letterheads (we already wrote about this in the article), a registered emblem, a bank account and other details.

Disclosure Standard

Housing Code of the Russian Federation there are disclosure requirements HOA. The partnership must ensure free access to data on the main indicators of its work, on the order of work performed and their cost. All features of disclosure and provision of such information are approved by the Organizations' Information Disclosure Standard dated 23.09.2010.

In accordance with it, HOAs are required to provide data either on the website of local administrations, or on the website executive power. It is obligatory to place information on racks or stands in the entrance of the controlled house. Also, HOAs are required to provide data based on requests received from both members of the partnership and property owners.

According to paragraphs 6 and 15 of the Standard, the data provided on the site, stands and racks must be stored for 5 years. The local branch of the State Housing Inspectorate supervises the fulfillment of the requirements of the Standard.

Very often, the difficulties that arise in the Homeowners Association, associated with a misunderstanding of the goals set by all members. Having fulfilled the assigned mission, the HOA becomes simply unnecessary, poorly organized and unprepared to fulfill new obligations and plans.

The management system of the HOA of an apartment building refers to organizational type, with all its peculiar features and nuances. Without a doubt, it must comply with a control scheme with the ability to feedback. When organizing a partnership, it should be borne in mind that such a system is quite new and has not been studied, and such analogues simply do not exist.

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