Where to hire a manager. Who is this HOA manager? What are his functions and job responsibilities? Registration of powers through signing an agreement

Partnerships. He represents the interests of the HOA when communicating with third parties.

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Based on the power of attorney, the manager can submit petitions to local governments.

For example, if the roof of a house is leaking, the manager can write a statement demanding repairs.

The full list of responsibilities is determined by the general meeting of the partnership.

Who is this?

The HOA manager is a non-legal entity who is obliged to organize all administrative and legal functions in the work of the partnership.

If there is a manager, this does not mean that the board transfers all its functions and powers to him.

A manager is appointed. He is presented with a job description, according to which his range of responsibilities is determined.

How is it prescribed?

A manager is appointed upon the recommendation of the chairman of the board:

• the authorized representative can work on the basis of an employment contract or a civil contract for the provision of services;
• It is permissible to elect a manager by voting by all members of the HOA.

Legal basis

Based on paragraph 2 of the Russian Federation, the manager must act on the basis of a power of attorney issued by the chairman of the partnership.

The chairman also approves the job description, according to which the following are determined:

• responsibilities;
• responsibility;
• manager's rights.

With the help of the job description, the range of requirements for the candidate is determined. In addition, activities are regulated by the HOA charter.

Authority

The manager of the HOA and the chairman of the HOA are different people, each endowed with their own powers. The range of functions is determined by the property owners, and everything is assigned by the chairman himself. In this case, the type of contract does not matter.

The powers are as follows:

1. The manager represents the partnership in various instances, courts, and enters into contract agreements if necessary.
2. The entire organizational and legal system of work on HOA issues rests on his shoulders.
3. The manager may involve a lawyer or accountant in his activities in agreement with the chairman.
4. It should be noted that the activities of the person appointed to this position depend on the range of responsibilities determined by the members of the HOA.

HOA Manager

The HOA manager is a kind of representative, a trusted representative of the homeowners. It is entrusted with a lot of functions.

In addition to them, the manager also has his own rights; they are determined by an additional clause in the job description.

Rights

Manager:

• can participate in the discussion of all problems and issues that are part of the responsibilities of the partnership;
• vested with the right to make decisions together with all participants of the HOA;
• can make various proposals to improve the activities of the HOA;
• if necessary, can obtain the necessary documentation for work.

If shortcomings are identified during the activity, the manager can report them to the chairman and also take measures to eliminate them.

If it is necessary to involve specialists to solve issues and problems, then the manager can do this.

At the same time, he has the right to give instructions for performing work independently.

If the operational service employees seriously violated the requirements, the manager has the right to remove them from work.

Responsibilities

Each chairman appoints a manager based on the interests of the HOA. It all depends on the degree of trust.

If it is complete, then you can involve the manager in the following responsibilities:

• selection of operational services to carry out repairs and maintenance of an apartment building;
• concluding various contracts, including for the provision of utility services;
• search, employment and dismissal of employees;
• monitoring the implementation of various works to improve the condition of the house and territory;
• official representation of the partnership in authorities and courts;
• preparation of various financial documents, including annual estimates of expenses and income;
• preparation of financial statements;
• debt collection.

In this case, it all depends on the level of trust in the person.

You can entrust him with:

• conducting various financial transactions;
• payment of bills for the provision of services;
• purchasing materials for work and so on.

Requirements

Requirements for the candidacy of a manager are determined in accordance with the established regulations.

It all depends on the specific partnership:

• sometimes an HOA needs a manager with a higher economic or technical education;
• age requirements are also put forward - managers, most often, cannot be a person under 30 years of age;
• a prerequisite is no criminal record;
• the manager must have a lot of free time to conduct his activities.

Responsibility, perseverance and determination are the essential qualities of an employee of the partnership.

The manager must also have information about the technical structure of the house. Be familiar with regulatory documents, design, contractual and other.

Responsibility

In addition to rights and requirements, the manager is responsible for his activities. It is determined by the job description.

If the manager does not meet and does not fulfill the requirements for working in the partnership, then he may be dismissed from his position in accordance with the Labor Code of the Russian Federation.

If misuse of funds, theft and fraud are discovered in the course of the manager’s activities, then he bears criminal liability.

In addition, material damage is subject to restoration.

If the manager damages something, he is obliged to carry out repair work at his own expense.

It is imperative to comply with labor regulations and fire safety; if a violation is detected, the manager may be punished with a fine.

Agreement

The contract is concluded on the basis of the Labor Code of the Russian Federation. It can be standard labor, where the date of conclusion is indicated, or civil law.

The latter is a kind of act of providing services for a certain period of time.

The form of concluding the contract is chosen by the Chairman and Manager himself.

Interaction with the homeowners association

The method of cooperation between the HOA and the manager may be limited to the framework of 2 models.

Each partnership chooses independently what is closer to it:

1. In the first case, the activities are carried out by the manager, and all repair and construction work is carried out by hired employees. The only negative is that you will have to maintain a large staff. But if the HOA is an entire residential complex, then this form of cooperation is convenient.
2. The second option involves hiring temporary workers. This model is very profitable in financial terms, because employees will appear only when necessary, and there is no need to pay for the rest of the “idle” period.

In any case, the manager is responsible for the chosen solution. If residents are dissatisfied, he may be removed from his post.

Version: 1.0
Translation: Russian

Description:
Have you bought a new home? Are you looking for someone who will look after your house, keep it clean, and sweep away cobwebs while you travel in Skyrim? It looks like you need a caretaker, or, more simply, a house manager! This mod will add the ability to hire managers for your houses from mods. The process is the same as with the vanilla houses from the Hearthfires DLC, just recruit a manager as a companion and bring them home!

More details:
- The current version of the mod allows you to hire up to 6 additional managers for your houses from mods
- You can place them all in one house or make them manage each of your houses!
- You can bring a manager to any house from mods, except for houses from the Hearthfires DLC, you should not do this

Technical Notes:
- In order to hire a manager, they must be hired as a partner. They must also have the BYOHVoicesNonUnique voice type binding. This voice type includes many (but not all) of the game's companions. Once you have a companion with this voice type, all you need to do is bring the manager to the house (with the LocTypePlayerHouse keyword), which is included in almost all house mods. As soon as you enter a house, a hired manager candidate will approach you and offer to be your manager - this opportunity is limited to once every 24 in-game hours, so if you try to bring more than one manager into the same house in quick succession , only the first of them will offer you their services. If they don't offer you to become your manager, you can talk to him again and a new dialogue option will be available: "I would like you to become a manager."
- To fire a manager, simply talk to him and select "I no longer need you as a manager." Then he/she will return to normal behavior as it happens "Companion fired" and usually this means that the fired companion returns to his previous location where he was taken.

Requirements:
- Game version 1.9.32.0.8

Installation:(can be installed via NMM manager or manually)
Place the Data folder in the game folder (Data is not inside Data, but on top), confirm merging folders and files and activate in the launcher

Removal:
Delete the mod files, but first fire the manager and wait until he/she vacates your house and goes home

Compatibility:
This mod should be compatible with any other mod. In theory.

FAQ:
1. This mod does not add any managers, you need to hire companions and managers from other mods or from vanilla Skyrim
2. To avoid conflicts with managers from the Hearthfires DLC, this mod will not allow you to hire additional managers from the Hearthfires DLC houses and bring other managers to houses from the Hearthfires DLC
3. Managers will not go outside the houses. Just getting them to go outside is almost as difficult as getting a gamer to go sunbathe. Managers should be in the houses; they have nothing to do outside.
4. Managers may not sleep. There are a lot of bugs in the vanilla game in this regard. With unofficial patches or properly done house mods, they should sleep.
5. You can fire managers, but they can't stay out of the house immediately. This is the fault of the Skyrim engine and AI packages. If the NPC from the mods was done correctly, their AI packs should work correctly and they will leave, but this may take a while to wait.

The manager of the HOA and the chairman of the HOA are different people. Formally, a manager is an individual to whom, for a certain remuneration, part of the administrative functionality related to organizing the work of the HOA itself is delegated. As a rule, the partnership's manager is hired from outside.

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

The main functions of a manager in an HOA include:

Of course, a number of functions and official powers of the HOA manager can be expanded according to decisions made by the management of the partnership.

Often the chairman of an HOA is faced with a fairly large amount of obligations that he cannot cope with or he simply does not have enough time to do so. Then the management of the partnership involves a person who agrees to take the position of manager and share some of the responsibilities with the chairman, taking on his functions relating to internal processes.

There are also cases when among the residents who are the actual owners of the property, they cannot select a suitable candidate for the chairman’s position, and the meeting cannot make a choice. Then a third party is also hired to serve as the HOA manager.

Important! The key difference between the manager of an HOA and the chairman of an HOA is that the position of manager can be filled 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 resident of a particular building to take this position. in partnership. The Russian Housing Code emphasizes that only the owner of the property can become the chairman of the HOA.

Thus, the difference between the positions of manager and chairman lies not only in the scale 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 affiliation with the MKD is obligatory, then for the manager it is not.

How and where is the legal status regulated?

The legal status of the manager is fixed in the employment contract or in the process of approving a civil law agreement when the person who has applied to become a manager assumes the corresponding position.

Besides, the legal status must be enshrined in the manager’s job description.

Since the manager is an individual, at the time of concluding the transaction, the management board of the partnership does not shift its responsibilities regarding the provision of public services to the manager, but remains their executor.

Reference! The legal field of the position of manager is in the plane of administrative processes of an administrative nature, including control over compliance with public real estate, in particular, its maintenance in proper condition, repair and maintenance.

There are cases when the HOA Charter contains a number of fixed responsibilities, among which certain aspects can be specified. Then the scope of powers, the transfer of which is carried out to the HOA manager, is determined by the board of the partnership itself outside the legal framework.

It is recommended that the incoming HOA manager carefully familiarize himself not only with the contracts and instructions, but also with the HOA Charter, in which he plans to conduct his work in the future.

Models of interaction with the partnership

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

Registration of powers through signing an agreement

As mentioned earlier, the HOA draws up one of two types of agreements with the person taking over the position of 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 the manager his official functions in an official power of attorney. Typically, this document is drawn up in situations where the manager needs to represent the interests of the partnership in a third-party organization, for example, in various government bodies.

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

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

Concluding the explanation of the intricacies 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.

Hiring a good manager who will perceive your project as his own brainchild is quite problematic. After all, hiring a hired manager means that you, as a business owner, will be able to relax and entrust the solution of almost all emerging issues to him. So, how to hire a productive manager and not make the wrong choice?

Below we provide step-by-step instructions that may be useful to you.

1. Preparation. First of all, it is necessary to form an image of an “ideal” leader in your head. Much depends on whether a new business is being launched or you decide to transfer an already profitable business to management.
2. Posting a vacancy. You can search for a candidate yourself or delegate the task to recruiting agencies. When placing an ad, you must indicate all the criteria for a potential candidate. Contacting an agency allows you to hide the name of the company if you plan to replace an existing manager.
3. Processing of submitted resumes. You can complete this step yourself. But, as our practice shows, the vacancy of a manager is one of the positions that receives an average of 1.5 responses. There is a test that will allow you to weed out some candidates at the stage of sending your resume. In the questionnaire, ask the question: “How do you see our company from the outside?” Let the answer be sent along with the application form with a covering letter. In addition, you need to take the time to interview candidates who were able to contact you personally, bypassing all the contacts listed in the vacancy.
4. Personal interviews. From all the resumes, you need to select those candidates who fully meet your ideas about their manager. 20 candidates are enough. If you want to hire a truly productive manager and not miss out on a real professional, then never schedule more than 4-5 interviews per day. Don't forget that talking can take a lot of energy.
5. Evaluation of candidates. The results of the interview will allow us to select 3–5 candidates who most fully meet all the requirements. It is with them that you can conduct a detailed interview. We recommend inviting the candidate to the company for a few hours and giving him the opportunity to communicate with people of interest to him. For a real professional, two to three hours will be enough to get a more or less clear idea of ​​the existing problems and ways to solve them. An equally important point is the information part, i.e. personal information provided by a person. This includes a track record, scandalous moments, recommendations, reviews of former subordinates. It is step 5 that will help you understand which candidate is needed. Some applicants are eliminated at the stage of visiting the company, because they lack the professionalism to extract the necessary information, and the manager is a person who is able to find solutions and extract resources.
6. Introduction to the position. Typically, this step will leave only one candidate who meets your needs. And here it’s up to you to decide whether to transfer the authority to manage the company to him or start introducing him step by step. Many people prefer to introduce their subordinate into business gradually, which allows you to evaluate his initiative and ability to take charge of solving problems.