Chairman of the HOA - who could be it: download a sample job description and employment contract

Concept

First of all, you need to figure out what kind of position this is - the head of the board.

By saying this, we mean the position of head of the management bodies of the HOA (Part 1 of Article 149 of the Housing Code), to which no one can be appointed, but only elected by an open meeting of the owners of the housing association.

At the same time, it is important that the members of the board are elected, and they then decide who among them will occupy this chair.

Find out on our website about the procedure for electing members of the board and its head, as well as how to re-elect the head of the HOA who is poorly performing his duties.

Availability of registration in the house

Only the owner of the property can be the head of the board ; this is provided for in Art. clause 1 art. 143, art. 149 of the Housing Code.

Another thing is that this person may not live at this address, but own one or more apartments - this is possible.

Registration in this house is also not necessary; what is important is the existence of property rights and, as a result, membership in the community of residents.

You can find examples of job descriptions for the manager and chairman of the HOA.

The main functions of the chairman: what does he do?

As for the main functions of the chairman of the HOA, in general they can be summarized into one generalized list of responsibilities. Thus, the chairman of the HOA is obliged to:

Know the laws in force in the Russian Federation and promptly respond to all amendments and innovations made to them.
Monitor the activities of the HOA, namely, regulate issues related to documentation and accounting of the partnership, as well as the implementation of all decisions made at meetings.
Ensure that owners comply with their responsibilities regarding the operation and maintenance of their residential properties.
Conclude agreements with persons who are not actual members of the HOA, and also monitor the fulfillment of the obligations specified in the agreements.
Prevent infringement of the rights of owners and eliminate emerging conflicts.
Manage service personnel and resolve personnel issues regarding them.
Monitor the sanitary condition of premises allocated for general use.

The Chairman also has a number of privileges and is entitled to a number of the following operations:

Maintaining accounting for the partnership.
Disposal of residential and non-residential premises.
Concluding transactions and carrying out instructions given by the HOA without the consent and knowledge of the board and members of the HOA.
Setting the time and order of meetings.
HOA property insurance.

In addition, a number of powers of the chairman of the HOA can be expanded by the board of the partnership.

In addition to the above, the chairman has the right to be the first to sign any official agreements, as well as hire employees to the HOA staff, as well as fire them and impose fines and bonuses on them within the framework of the laws of the Russian Federation (see the dismissal of the chairman). In addition, it is the voice of the chairman that is decisive in controversial issues that arise at meetings of HOA members.

A typical job description for an HOA manager usually includes the following provisions:

The Chairman is elected by the HOA board to manage the HOA.
The chairman must carry out his activities within the framework of the job description, the charter of the HOA, as well as legislative and regulatory acts in force in the Russian Federation.
The chairman can give orders to any HOA employee.
The Chairman is obliged to monitor the proper implementation of all norms and decisions adopted by the HOA.
The chairman has the right to decide personnel issues regarding HOA employees.
Chairman is a person authorized to represent the interests of the partnership in various government bodies.
The Chairman must fulfill his obligations conscientiously.

Chairman of the HOA board - job description.

Another important aspect of the HOA chairman’s activity is reporting. At certain intervals, the chairman is obliged to provide the board with reports of the following nature:

About the composition of the board, which lists all current HOA employees, as well as contact information.
About the work of the board, which indicates all the work carried out during the period. For example, repair of an elevator, garbage chute, replacement of meters, reconstruction of entrance premises, improvement of the courtyard area.
About expenses, where all financial costs are recorded, as well as information about membership fees and subsidies.
About emergencies, which displays all the information about various emergencies or accidents that occurred during the reporting period, as well as about methods for eliminating them.
On damage to public property, which provides data on the damage caused to public property that is within the legal field of responsibility of the partnership, namely its size, consequences, as well as the resources necessary to eliminate it.
About contracts, which indicate information about existing current agreements, as well as about contracts that entered into legal force during the reporting period or, conversely, ceased to exist.
About inspections of higher-level organizations, which displays information about the progress and results of inspections by any government agencies, if any.

At the legislative level, all responsibilities, as well as issues related to the activities of the HOA board and, in particular, the chairman, are regulated in Art. 145, 147, 148 and 149 of the Housing Code of the Russian Federation.

Power of attorney

Clause 2 art. 149 of the RF Housing Code states that a person who becomes the head is vested with all powers by decision of the meeting and the board, and he does not need any power of attorney .

However, the board, headed by the chief, has the right to hire employees without going beyond the designated limits of salary expenses (clause 5 of Article 148 of the RF Housing Code).

If among the members of the cooperative there was no person free in time, literate, well acquainted with economics, accounting, charisma and initiative, and necessarily organizational skills with elements of oratory, the gift of persuasion, then the person who, by the will of fate, became the owner of this chair will not be able to independently decide all questions regarding the activities of the residents' community.

In this case, or when the partnership’s economy is of a substantial size , the board can hire a manager under a hiring agreement (clause 10, paragraph 2, article 145 of the RF Housing Code, article 421 of the RF Civil Code), who can generally be a person for the partnership “ left” , but a professional in the field of housing and communal services, and will work in tandem with the head.

In this case, to make serious transactions and sign papers with third parties, the manager will need a power of attorney, which will be issued by the chairman. Thus, the manager will begin to manage by proxy (Chapter 10 of the Civil Code of the Russian Federation).

A sample power of attorney from the chairman of the HOA to represent his interests.

Who can apply for the position

Only the person who owns the property in this building can be appointed to the position of chairman of the HOA. He may be the owner of the apartment or own a share in it. It does not matter whether this person lives in the house or at another address. Without fulfilling this condition, no one can be appointed chairman of the HOA.

Although this requirement cannot be changed, methods may be used to allow a different person to be appointed. This can be done like this:

A candidate for the position will acquire a share in one of the apartments in the house or buy a home here.
One of the relatives living in the house will issue a deed of gift for part of the housing.

The HOA has the right to hire workers. In particular, it has the right to hire a hired manager if this is considered appropriate.

The work of the HOA board is regulated by Article 147 of the Housing Code of the Russian Federation.

Having property in the house is a mandatory requirement, but it is not the only one. In order for the new chairman to professionally fulfill the duties assigned to him, he must meet the following requirements:

He must be mature enough to be expected to make informed and informed decisions.
Citizenship of the Russian Federation is required.
Persons with a criminal record are not allowed to hold positions.
Good knowledge of legislation in areas relevant to his work is required.
It is important that the chairman of the HOA is well versed in the issues of accounting and reporting.
Experience and knowledge related to people management is required.

It is desirable that a candidate for a management position have experience in drawing up contracts for housing and communal services and working with enterprises and organizations in this area.

These qualities are important, but not everyone has them fully. If necessary, you can improve your qualifications by taking appropriate courses.

Requirements

Not every apartment owner can take this position; the candidate must have certain knowledge, skills, experience, and abilities .

A citizen with a higher or secondary education in the field of housing and communal services or construction, and with experience in the same position for at least 1 year, can be elected to this position. Training in special courses is required (if there are any in the locality).

Such work requires not only a university diploma, but also:

ability to work with people;
understand the mechanism of financial activities of the partnership;
the courage to take responsibility for the fate of residents, making decisions and signing agreements, obligations, bank debt papers, etc.;
the ability to negotiate with service providers and contractors, that is, the possession of communication skills and charisma, without which it is impossible to resolve issues at all levels, including in city or town government bodies.

This official has a lot of responsibilities

Who can be the chairman of the HOA

The position of chairman of the board of an HOA can only be held by the person who owns the property belonging to the partnership by right of ownership. This rule is enshrined in Art. 161 of the Housing Code. The law does not impose such requirements on the manager.

The law does not provide for the case when the chairman of the HOA is not the owner of the housing in the house whose residents created the partnership.

Can an owner be the chairman of an HOA if he is not a member of the partnership?

According to the Housing Code, only persons included in the HOA can apply for the position of chairman.

As for any special knowledge and education, the law does not impose any requirements for this. However, it is obvious that a person with sufficiently deep knowledge in the field of housing and civil law will cope better with his responsibilities while in this position.

Is it profitable to be a boss?

The head of the board works for a fee, which is paid by residents from their contributions, and in return they always want to have:

light, heat, electricity;
constant hot and cold water, excellent sewage system;
uninterrupted operation of the elevator;
timely removal of household waste;
clean, renovated entrances, courtyard, adjacent roads;
sidewalks sprinkled with sand in winter;
leak-free roof and much more.

What is it worth to see residents alone! The position of the head of a partnership cannot be called particularly lucrative; it is a difficult and troublesome job , for which eight hours a day is never enough.

The answer here is clear: no, it’s not very profitable, plus there are continuous problems with the life support of the house and eternally dissatisfied residents.

If training courses?

Idle talk that there are courses upon completion of which you can become the head of a community is not entirely true.

Are there training courses for chairmen? No, such courses do not exist , courses are short-term lectures and seminars that cannot, over the course of several days or even weeks, provide a systematic amount of knowledge that is acquired upon graduation from a university.

For advanced training?

Yes, within the framework of regional preparatory programs, short-term courses are organized and conducted to improve the qualifications of heads of residents' communities.

It provides information on particularly important topics relating to financial issues, accounting, working with debtors, etc. Upon completion of the course, a certificate indicating that the person has attended the course.

It should be understood that courses alone are not enough to become the head of the HOA board. In addition, not all regions have implemented this preparatory program, and in small localities such training is often lacking.