Job description of the assistant manager of the homeowners association. What is the difference between the positions of the manager of the HOA and the chairman? The main functions of the manager in the HOA include

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

Today, more and more often in the practice of HOAs, a figure appears next to the chairman of the board manager of the HOA. 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 or may not have the status of an individual entrepreneur.

For your information. Recently, the practice of attracting the so-called anti-crisis manager to the HOA for a certain period of time to establish the work of the partnership and transfer experience to the board has become widespread.

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, bringing the manager as an employee to the exclusive competence general meeting HOA members 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 issue of concluding an employment contract with the manager should be decided by the board of the HOA . 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 Labor Code RF

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 ZhK RF, which, along with HOA law for the conclusion of an agreement on the management of MKD, agreements for the maintenance and repair of common property in MKD, contracts for the provision of public services, the right to conclude other agreements in the interests of members of the partnership is provided. 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 material breach terms of the contract of 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 administration HOA, 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 HOA in state authorities and local government;

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

Preparation of the financial report of the HOA board to 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 first model, management is carried out by the manager, and maintenance and repair are hired. regular staff partnerships. 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 occurs 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. Undoubtedly, positive side This model consists of the absence of the need to maintain its material and technical base and the ability to choose contractors who perform one or another 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 HOA manager 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 the annual payment of the manager of the HOA. 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

Control apartment building should ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, 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.

According to paragraph 2. Art. 162 of the Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the ways to manage an apartment building:

Direct management of the owners of premises in an apartment building;

Management of a homeowners association or housing cooperative or other specialized consumer cooperative;

Control managing organization.

At present, more and more often, the owners of apartment buildings choose the form of managing their home - HOA, while many of them feel the need to professional management, however, are not ready to hand over the board to commercial organization. One solution to this problem is to involve a manager.

The manager of the HOA is an individual who is entrusted with all the current administrative functions for organizing the work of the partnership.

What is legal status manager of the HOA and what is its procedure for interacting with the homeowners association?

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 self-management of an apartment building 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 an apartment building, 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 in whole or in part his main job (because the quality work of the chairman of the board requires a significant amount of time) and dedicate himself to the work of the common 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.

Manager: who is he and why is he needed?

The manager is an individual who may or may not have the status of an individual entrepreneur.

The practice of the Nizhny Novgorod association of HOAs shows that the managers of HOAs are mainly experienced chairmen of the board of HOAs and housing cooperatives, who are invited to work in newly created partnerships or in partnerships that, for one reason or another, have been left without a chairman of the board. Further, we will talk about the manager as an individual who does not have the status of an individual entrepreneur.

Often, HOAs choose to work with a manager if, in the recent past, they changed the way they managed an apartment building through a managing organization to manage a homeowners association. At the same time, the owners of the premises are driven by the reasons mentioned above: the absence of an unemployed and competent owner in matters of housing and communal services, as well as the desire to manage the house on their own, without any participation of the managing organization. In addition, there may be another reason - the difficult situation of the HOA, when in order to solve numerous problems, it is necessary to pay close attention to it from a professional, the so-called anti-crisis manager. Another advantage of choosing an HOA manager over a managing organization can be financial question, although it is worth noting that sometimes the services of the managing organization may be cheaper. We must not forget that the choice of the HOA management model is always strictly individual and cooperation with the managing organization and the manager - individual has its own merits and demerits.

For your information. Recently, the practice of attracting the so-called anti-crisis manager to the HOA for a certain period of time to establish the work of the partnership and transfer experience to the board has become widespread.

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 a civil law contract, one of the forms of which is a service contract. These issues are dealt with in Art. 162 ZhK RF.

In the event of the conclusion of an employment contract, the position of a manager with an appropriate salary must be included in the staff list of the HOA and approved at a general meeting of members of the HOA in accordance with paragraphs. 10 p. 2 art. 145 ZhK RF. Thus, the issue of attracting a manager when concluding an employment contract with him is decided by the general meeting of members of the HOA. At the same time, the authority to hire workers to service an apartment building 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, the employment contract with the manager must be signed by all members of the board. Alternatively, members of the board at a meeting may decide to instruct the chairman of the board of the HOA to conclude an employment contract with a specific manager (in this case, only the chairman signs the contract). 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.

The possibility of concluding a civil law contract with the manager is 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 an apartment building, agreements for the maintenance and repair of common property in an apartment building, and 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 for the provision of services.

Regarding which governing body of the HOA directly decides the issue of attracting a manager, it should be noted that the exclusive competence of the general meeting of members of the HOA, art. 145 of the Housing Code of the Russian Federation does not include, but paragraph 6 of Art. 148 of the Housing Code of the Russian Federation refers to the conclusion of service contracts. 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. Thus, in our opinion, the issue of concluding an agreement with the manager for the provision of services should be decided by the board of the HOA. However, it is more expedient to discuss this in the charter of the partnership in advance, attributing such authority to the competence of the board or the general meeting of members of the HOA. Meanwhile, do not forget that any issue can be resolved by the general meeting of members of the HOA (clause 4, article 145 of the RF LC).

Signing a service agreement with a manager 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, 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.

Thus, for an HOA, concluding and terminating a contract for the provision of services is somewhat easier than concluding and terminating an employment contract, however, a candidate for the position of manager can set the conclusion of an employment contract with him as a condition for working with an HOA.

In relations with third parties, the HOA Manager acts on behalf of the partnership on the basis of a power of attorney issued in accordance with the main 10 Civil Code RF.
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.

The legal status of the manager of the HOA.

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. When concluding the agreements discussed above, the HOA remains the executor of utility services, therefore the scope of the rights and obligations of the manager lies in the plane of the administration of the HOA, as well as in the field of maintenance, maintenance and repair of the common property of an apartment building.

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 an apartment building (at the same time, the HOA board 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 an apartment building;

Representing the interests of HOAs in state and local government bodies;

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

Preparation of the financial report of the HOA board to the owners for the annual general meeting of HOA members;

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.

If desired, the manager may also be vested with the right to dispose of the funds of the HOA (by duly filling out this authority in a power of attorney and bank documentation). Meanwhile, the board of the HOA and the chairman of the board can reserve such an important authority for themselves.

Ways of interaction between the HOA and the Manager.

In conclusion, let us consider possible models of interaction between the HOA and the managing HOA.

As part of first model management is carried out by the manager, and maintenance and repair - by hired full-time staff of the partnership. The main drawback of this scheme is the need to maintain a large staff of workers with a constant 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).

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 apartment building, 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, in our opinion, 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.

The manager is an individual. Must have experience in management, have higher education in a technical specialty, be enterprising, energetic. This position comes with financial responsibility.

The building manager may be a person who does not live in the serviced building.

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

ATTENTION. Can't be a manager individual entrepreneur or a representative of any legal entity.

Domouprav implements managerial work which concerns the care of a multi-storey building. The main function is to competently build a work that concerns a given house.

A working contract is a legal document in accordance with which the manager of an HOA operates. It clearly indicates its capabilities and obligations, as well as responsibility for their failure.

The work of the house manager is rewarded with wages. All these provisions must be formalized in the civil law field by concluding an employment contract with the manager of the HOA.

After the execution of the contract, the manager of the house is protected by law, he is endowed with opportunities, like other categories of workers:

• rest;
• vacation;
• act of incapacity for work;
• dismissal.

The amount of salary will be regulated by the staffing of the partnership. The house manager has his own office with the obligatory presence of a computer.

Is the manager obligated to conclude an employment agreement?

ATTENTION. According to the legislation, the house manager must conclude an employment or civil law contract with the HOA.

If there is a document, the tenants of the house will be convinced that the manager of the house will fulfill the duties assigned to him.

In turn, the house manager will receive guarantees of payment for his work.

The legal status of the house manager is fixed 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 services. It is coordinated by the board of the association.

The area of ​​activity of the house manager includes managerial affairs, in particular checking the proper condition of public real estate, if necessary, repairing and updating it.

Consequences of absence

In the absence of a working agreement, the question of the official affairs of the manager will remain incomprehensible. This can lead to criticism of the house manager and unwillingness to pay him wages.

If the manager fails to fulfill or improperly fulfills his duties, abuses the rules, as a result of which the partnership has suffered a material loss, 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 house manager and the residents of the house.

Structure and content of the document

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

Who composes, issues and approves?

The working agreement is made by the parties (the board of the HOA and the house manager). They put forward provisions for the content of the agreement.

Who needs to be coordinated with?

For signature labor contract with the house manager, this operation should be coordinated with certain authorities. The hiring of a manager must be reported to the homeowners' meeting.

The fact of drawing up a working document with the manager should also be coordinated with the tax office.

Only with the consent of these bodies, it is possible to approve the act of service relations with the house management.

Validity

An employment act with a house manager can be urgent, when the validity period is indicated in the agreement, as well as indefinite.

Reference. It is possible to terminate cooperation by mutual agreement of the parties, as well as if one of the participants evades from fulfilling its obligations.

The agreement is drawn up in two copies. One is kept in the office of the homeowners association, and the other is kept by the manager.

Change

It is allowed to make additions and clarifications to the working agreement For this, certain conditions must be met.

Mutual consent of both parties is required for the changes to be made to take effect. If one party does not agree with the adjustments to the provisions of the contract, it is impossible to implement them according to the law.

Conclusion

The house manager is the most important person who plays a big role in improving the quality of life of the guests. The decision to hire a house manager is made by the board of the HOA. The chairman, in his person, signs a working agreement with the house manager. The agreement clearly defines the possibilities and obligations of the participants as well as the degree of responsibility.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

The manager of the HOA and the chairman of the HOA are 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 of the manager of the HOA can be expanded in accordance with the decisions given by the leadership of the partnership.

Often on Chairman of the HOA a sufficiently large amount of obligations is imposed, 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 manager and chairman lies not only in the scope of obligations, but also in their legal relationship to common property, whose interests 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 the job description of the manager.

Since the manager is a natural person, 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 of public services, 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 in proper condition, repair and maintenance.

There are cases when the Charter of the HOA contains a number of fixed duties, among which certain aspects can be specified. 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 get acquainted not only with the contracts and instructions, but also with the Charter of the HOA, in which he plans to continue his labor activity.

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.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

The job description is drawn up along with employment contract and other documents regulating labor relations. The purpose of this document is to define the range of responsibilities, powers and rights of the employee.

Labor law does not oblige to draw up a job description. However, in order to clearly allocate responsibilities and establish functions between employees, such paper is necessary. It solves many problems: it determines who should be responsible for certain issues in the organization, what responsibility is assigned to each employee, what duties are provided for the manager.

Chairman of the board

The head of the partnership is endowed with broad powers. He is responsible for:

1. financial activities of the management organization;
2. signs contracts;
3. makes decisions;
4. manages the resources of the HOA.

What is the difference?

For each work unit, you need to make separate document, because the duties and rights of the chairman and the manager are different.

If the head controls all the activities of the partnership, from accounting to receiving complaints from owners, then the scope of the manager's activity is control over employees and their activities. The job description of the chairman includes a wider range of powers and rights, in contrast to the instructions of the manager.

Important! Job Descriptions these two persons should be composed in such a way that their functions do not overlap, and each of them would have its own range of tasks.

This is how the document will help optimize the activities of the head and manager, and make their work efficient.

Structure and content

The job descriptions of the chairman of the board and the manager of the HOA have a clearly defined structure and consist of several points:

1. General provisions. It describes the main functions of the chairman, as well as a list of regulations that he should be guided by.
2. Rules for election and conditions for removal. The procedure for the election and dismissal of the head is described.
3. Responsibilities. All functions are listed in detail.
4. Rights, responsibilities and powers. Responsibility and its limits are established, as well as actions to which the head of the partnership has and does not have the right.

The document may contain additional clauses defining special conditions provided for the post of chairman.

The job description should contain the rights and obligations relating exclusively to the work of a person in the HOA.

Who composes and approves?

He is elected to his post by voting members of the board, the partnership and the owners of the house (we talked about the procedure for electing the chairman of the HOA and how this should be documented in). It turns out that all these persons hire a chairman for his vacancy and assign them certain responsibilities. And it is these persons who should establish the powers and functions of their leader.

The drafting is carried out mainly by the members of the board. It is they who occupy the second key role in the management of the house after the chairman.

The document is approved by one of the board members. He puts the signature, date and seal of the organization. The description of the rights and obligations of the manager of the HOA is drawn up by the board and the chairman in two copies. The document is issued for review and further use immediately after taking office.

Data on the fact of approval are entered in the registration book of the HOA. The preparation and approval of the document for the manager is carried out by the chairman together with the members of the board.

Forms can be of two types:

• inclusion in the employment contract;
• be a separate document.

For the convenience of the employee and those interested in his activities, it is recommended to draw up instructions separately.

Coordination

The drafted document must be coordinated with the housing inspection of the local administration. If the inspection staff finds shortcomings and shortcomings, then the structure and content will have to be redone.

Attention! You should know exactly what established rules on the preparation of job descriptions is not in any law of the Russian Federation.

It serves as the basis for compilation. It highlights the following:

• the rights and obligations of the employee must be drawn up on the basis of qualification characteristics;
• for its preparation should be guided by qualification handbook, approved by the Decree of the Ministry of Labor No. 37.

Validity and storage periods

The job description is not binding document V Labor law. This paper is for guidance only. This means that there is no time limit on its validity. The actual text of the instruction may not indicate the term.

Cancellation and expiration is possible in the following cases:

if working conditions have changed, the scope of duties has expanded or narrowed;

if the name of the organization has changed;

with the consent of both parties labor relations.

The job description should be stored in the office of the HOA. The content of the document is not confidential, so it can be available for review to any member of the partnership and the owner of the MKD.

Can changes be made?

If the job description is approved, then changes to it can only be made if both the board and the chairman agree to this by voting. As a rule, amendments are made to the text of the document only if the staffing table changes, new positions are introduced, or the rights, responsibilities and duties of the head of the partnership change.

When the instruction is changed, the text is rewritten: additional conditions are included, and what remains unchanged is again inscribed in it. The amended document is approved by members of the board of the HOA.

The job description is designed to establish the boundaries of authority and determine the professional functions of the chairman. Despite the fact that it is not mandatory for HOA employees, its presence greatly facilitates the work of managers.

If you find an error, please highlight a piece of text and click Ctrl+Enter.