Issues of managing an apartment building are enshrined in Art. 161-165 of the Housing Code of the Russian Federation. However, there is no such definition as a senior housekeeper in an apartment building (MKD) in it or in any other legislative act. However, it is used in many legal documents of local authorities. And in the absence of general instructions on this matter, job responsibilities are developed individually in individual localities. Over time, such documents in different territorial objects began to resemble each other, and general trends emerged.

Who is the house eldest?

This is one of the owners of the premises in the apartment building, who was elected by the others to protect common interests, endowed with responsibilities and inalienable rights. He defends the interests of residents in the Criminal Code. Who can become a house elder is determined by the instructions of the local administration. The process of its appointment and the features of its activities are also explained there. The person in charge of the house is also called the house manager, the chairman of the council of the apartment building. He must be respected among residents, a responsible, organized person who has basic legal knowledge.

Senior at the entrance

Such a “position” also occurs in a high-rise building (at the discretion of the residents). The responsibilities of the entrance supervisor in apartment buildings are identical to the responsibilities of the building manager, only the former is in charge of a separate section of the house. The powers are practically the same, but on a different scale.

He must also be proactive and help the manager on all issues within the framework of the part of the apartment building entrusted to him. It is elected only by the owners of the apartments of a particular entrance; a decision on this is made at a general meeting by a simple majority of votes. This simplifies the work of managing the house, brings coherence and efficiency.

Remuneration agreement

At whose expense will the salary be paid? It's up to you, or rather, the congregation of your home, to decide. Some prefer to see a separate column in payments for housing and communal services, while others prefer it when funds are allocated from the general fund and funds of the management company.

There are two main ways to officially pay remuneration:

• under an agreement with the Management Company; in this case, the salary of the house manager in apartment buildings is a fixed amount and is paid at the expense of the management company, however, it is worth considering that such funds are taxed, which is why payments are less than what is specified in the contract;

under an agreement with the owners, in which the management company acts as an intermediary; is considered the most optimal payment scheme, because in this case the funds are subject to less tax;

The management company acts as an intermediary, and the payment of funds comes from the residents of the house; payments are regulated by a contract, which may include various remuneration terms.

Various clauses with conditions can be included in the contract:

• when and under what circumstances the elder receives remuneration;
• when bonuses and benefits are provided;
• conditions under which he is deprived of all this.

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This agreement should indicate two points:

1. the amount of remuneration approved by the general meeting;
2. the frequency with which the management company must make payments.

What rights and responsibilities does it have?

The head of the house has a special status. He must perform the work assigned to him, while having additional rights. Main responsibilities of a house manager:

• ensuring the cleanliness of entrusted public areas;
• implementation of compliance with contractual conditions by housing maintenance authorities (improvement, cleaning, repair of entrances to apartment buildings);
• monitoring compliance with property operation standards and taking care of its safety;
• explanatory work on issues related to common property;
• providing information about institutions liquidating accidents;
• participation in resolving conflict situations in cooperation with the Internal Affairs Directorate;
• organizing assistance to low-income families together with social protection authorities;
• responsibility for safe exits (electrical panels), ensuring the safety of the keys to them;
• maintaining documentation about the work and appeals of citizens, preparing annual reports;
• control over the implementation of operational, fire, sanitary, and environmental requirements in the entrusted territory.

The house manager assists the relevant authorities (Ministry of Internal Affairs, fire protection, energy service, etc.) in implementing preventive measures. The head of the house has the rights:

• submit a request to the Criminal Code for the Prevention of Emergency Situations;
• make proposals for the safety of common property;
• evaluate, together with representatives of the management company, the results of the work performed and draw up appropriate acts;
• hold meetings;
• establish measures of influence on citizens who violate community standards;
• be elected to the MKD council or house committee.

These are fundamental rights. Where the apartment building is located is important, and the responsibilities of the house elder differ depending on this. In each region the list can be updated and new items added.

Choosing a building manager

The position can be introduced at the suggestion of any of the owners. The election of a house elder with the drawing up of minutes is ensured by a general vote of the owners at the meeting. At least 2/3 of the number of owners of apartments in the apartment building must participate in it. An applicant for the position needs to collect 50% plus one vote. Tenants do not participate in voting. Absent owners have the right to vote in absentia. Those who did not take part in the elections are subject to the decision of the meeting.

Job description

When setting a salary, the management company enters into an agreement with the head of the house on joint activities. The document is based on the minutes of the meeting and contains:

• details of the parties, their rights and obligations;
• agreeing on the nuances of joint activities;
• amount of payment;
• validity;
• and other conditions.

A sample of such an agreement can be found below. In order to keep documents in order, the house manager is required to know the charter of the apartment building and be able to draw up:

How are salaries determined, who appoints and pays?

In accordance with the provisions of housing legislation, the payment of wages to the senior person in the house is not a mandatory condition. Thus, in paragraph 8.1 of Article 161.1 of the Housing Code of the Russian Federation it is written that the owners of apartments in apartment buildings only have the right to decide on the payment of remuneration in favor of the members of the council, as well as its chairman. However, this is not their direct responsibility.

Thus, wages may not be paid at all. However, there should still be some encouragement and motivation. So, instead of money, additional privileges and benefits may be provided.

The specific option for rewarding work must also be chosen by the general meeting of apartment owners.

Does the management company pay the house manager?

As is already clear from the above, the management company has nothing to do with the remuneration of the senior housekeeper. Making a decision on this issue falls entirely within the competence of the owners of premises in the apartment building.

The funds that will be used to remunerate the work of this official are independently collected by all residents of the house. The legal relations arising in this case can be formalized using a civil law contract.

Size

It is impossible to indicate a specific amount that a senior person in the house can receive, since its amount depends entirely on the wishes of the owners of the house.

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In accordance with clause 8.1 of Art. 161.1 of the Housing Code of the Russian Federation, the decision of the meeting of owners of apartments in apartment buildings on the payment of remuneration in favor of the chairman must include the procedure and conditions for its provision, as well as a detailed algorithm for determining its size.

The current legislation does not contain any tariff rates on the basis of which the approximate amount of remuneration can be calculated. At the same time, when making such a decision, the degree of workload, the scale of issues that must be resolved, the work schedule, etc. are taken into account.

Privileges

An alternative to paying a monetary reward may be to provide the eldest person in the house with discounts on utility bills. Thus, by decision of the meeting of owners of an apartment building, this person can receive receipts for payment of housing and communal services (for water, gas, electricity, heating, etc.) at a reduced cost.

This format for providing remuneration must also be officially recorded on paper, which includes information about what types of utility payments the discount applies to, how it is calculated and other important points.

Payment of wages

This is not regulated by law. The person in charge of the house receives a salary or compensation for utility bills. Sometimes socially active persons take on the described activity on a voluntary basis. The management company can enroll such an employee on its staff and determine the method of remuneration. To do this, at a meeting of citizens, a petition is signed to the Criminal Code to introduce this position into the state and determine the amount of earnings.

Who appoints and pays salaries?

The method of remuneration and its frequency is established at the general meeting. There are two options: either residents collect funds on their own or benefits are provided in the form of reduced utility bills.

What benefits are provided?

Local authorities provide privileges for the head of the house. For example, according to Moscow Government Decree No. 328 dated April 13, 1999, the building manager has a 100% exemption from fees:

• for the work of the concierge;
• for using the intercom;
• for waste disposal.

The list of benefits is not established by law. But at the initiative of residents, they can be introduced on an individual basis.

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Responsibility for failure to perform one's functions

The building manager must periodically (reflected in the contract) report to residents on the work done. Those who elected him have the right to know about the quality of the duties he performs. It doesn't always live up to expectations. Sometimes there is even a dilemma about where to complain about the elder in the house. Conflict resolution is practiced in stages when contacting the authorities:

• UK;
• housing inspection;
• prosecutor's office;
• court.

Of course, matters rarely reach the final authority. The main issues are resolved in the management company, where a report on the work of the elder in the house can be used as evidence. If a violation of duties is established, the employee may be held accountable - administrative or criminal (decided by the court).