Managing each apartment building is a complex multi-level process that requires experience, and sometimes special knowledge. That is why there are partnerships of owners, management companies, etc. One of the most odious and highly controversial posts is the chairman of the HOA. As part of this article, we will try to figure out who can claim it. What kind of person this is, what rights it has, what responsibilities and powers lie on it, whether it is required to conclude an employment contract with the chairman of the HOA (a sample will be presented), as well as other nuances of its work, we will consider further.
Chairman of the Homeowners Partnership
With the advent of this form of apartment building management, cases of complaints by apartment owners against their chairmen and members of the board have become more frequent. The chairman may act in his personal interests by violating housing laws. As a rule, meetings are not convened on time, are of a formal nature, and the chairman is not very keen to report on expenses.
Many people are interested in a sample of filling out an employment contract with a homeowners association with the chairman.
In fact, there is a situation in which the chairman considers the HOA his estate, and the owners find themselves in a situation where the rudeness and unprofessionalism of the board simply interfere with normal life. But the owners must always remember that they together pay the chairman a remuneration for his activities, that is, he must act in the interests of the residents, and not in their own. But in practice, we see a different picture. I must admit that apartment owners are often to blame for this themselves: the choice of the chairman is carried out according to the same principle that they select the chairman of the parent committee at school - "just not for me." As a result, the owners, after a short period of time, have an incompetent, rude "comrade" in this position, and a stack of complaints about his actions.
In order to avoid such sad consequences, owners should initially understand that the HOA lives and develops according to the legal laws of our society. That is, the relationship between the chairman and the owners should have a legal basis, and not a simple agreement. For this, we need an employment contract with the chairman of the HOA (sample below).
What is HOA?
First you need to determine which association of citizens can be considered a partnership of homeowners, on the basis of what documents it operates. HOA under the law - a legal entity, a non-profit organization that unites in its composition all the owners of premises in a particular house. What is an employment contract with the chairman of the HOA? Sample 2016 is not much different from the sample of 2017.
The goal in this case is the joint management of real estate in this house, ensuring the operation of the facility, ownership and disposal of common property. Accordingly, if the HOA is considered by law a legal entity, then it must have governing bodies. These include: the general meeting of homeowners and, as a collegial executive body, the board.
The chairman of the HOA is the person responsible for organizing the management of the apartment building. He is selected for the position. In fact, the chairman of the board is the sole executive body of the partnership. We will discuss the conditions for the election and further leadership in this material.The first question that arises on the topic is whether an employment contract is concluded with the chairman of the HOA (a sample of Belarus - in the Republic of Belarus - can also be found), and on what grounds.
HOA Board
The Homeowners Partnership (HOA) is created by homeowners in order to be able to collectively manage their property. Like any other legal form, HOA must have its own account and its head - the chairman of the partnership of homeowners.
A person who claims to be the chairman of the HOA must meet certain conditions. He needs to be the owner of the apartment or land with the house and enter into a partnership. Next, you need to be elected to the board, which the owners choose at a general meeting. The board of the partnership of homeowners is elected for two years and is its governing body. When the regulatory board expires, it is re-elected by the owners in the same way.
It is from the board members that the chairman is selected. If according to the charter the chairman can be elected by a simple vote of the owners of the HOA at the general meeting, then the procedure can be carried out in this way. Although the election at the general meeting has its own characteristics. The fact is that more owners have more votes, in which the area of the apartment is greater, that is, the more square meters, the more votes. In such a situation, there is a chance to get a chairperson who will act in the interests of a certain group of owners, which is not always consistent with general tasks. An employment contract with the chairman of the HOA in combination (a sample is also available) is also widespread.
The need to conclude an employment contract
Residents finance the existence of the board, and monthly payments to employees are made based on staffing levels. If at the general meeting the owners decided that the post of chairman is needed, then certain contractual relations follow from this. In this case, labor relations arise under an employment contract that is concluded with the employee elected to the post of chairman. It does not matter at all that he, too, is the owner of a house in the same house. He under the contract performs certain labor functions, which are regulated by the labor contract. The absence of an employment contract signed by both parties will be considered a violation of labor law. Such an agreement is also necessary because the chairman, on behalf of the owners, signs agreements with service providers, contractors, as well as various accounting documents.
The chairman of the partnership is a person liable, for this reason the conclusion of an employment contract with him with the degree of responsibility specified in it is mandatory. The Housing Code does not stipulate the need for a formal contract in this case, but does not say that it is not needed. But at the same time, the labor code concretizes that if there is an HOA in the house, an employment contract is concluded with the chairman, and if a special firm is engaged in house management, then the chairman’s activity is regulated by the charter.
Consequences of not signing an employment contract
If the owners have decided not to enter into an employment agreement, in this case both parties may lose. In the event of a lawsuit, homeowners will not be able to win the case, for example, if there was a waste of funds due to the fault of the chairman, since there is no contract, there is no liability. In turn, the interests of the head of the HOA are also not protected.
If he appears in court, but on the other side of the barricades, then his rights will be impossible to prove: to pay arrears of remuneration, to reinstate for a position upon illegal dismissal.Thus, we see that the absence of an employment contract deprives both sides of the leverage of legal influence on each other. It is not difficult to find a sample of filling in the employment contract of the HOA with the chairman. In addition to the foregoing, the contract also contains working conditions, and the provision of leave, and the amount of wages. Not using the right to sign an employment contract will be very short-sighted in this case. Moreover, homeowners can lose to a much greater extent.
The structure of the employment contract with the chairman of the HOA
The sample clearly reflects the following: the contract is bilateral, divided into sections and includes: general provisions, the period of validity, the duration of the probationary period, the date from which the person must begin work, the rights and obligations of both parties, the amount of remuneration, the work schedule and rest, social insurance guarantees, compensation payments, clauses establishing the liability of the parties, details and signatures. Dates and signatures must be present and the contract must have a registration number recorded in the book of registration of partnership agreements. The contract should not contain blank columns. This document can only be concluded in urgent form; the maximum duration is two years.
This is confirmed by the form of the completed HOA with the chairman.
Signing an employment contract
As a rule, the text of the contract is drawn up and registered in the registration book by the secretary of the housing board, who usually performs the functions of a personnel inspector. Who signs the employment contract with the chairman of the HOA? The contract is signed on behalf of the owners by a person authorized to do so by the charter. This type of agreement has its own specifics: there are no other senior officials in the partnership, the chairman of the board is his own boss, although he still cannot sign the agreement with himself. It is important that the charter and other regulations of the partnership in an accessible form resolve the issue of a person who will act as an employer and sign an employment contract with the chairman. A reference to this paragraph is without fail contained in the text of the contract. In addition, the agreement is negotiated with an independent labor lawyer, local authorities, to which this house belongs.
Who concludes an employment contract with the chairman of the HOA is now clear.
Validity
As we have said, this contract is urgent, and the maximum validity period is 2 years. The document is stored with other personal documents of the partnership in a fireproof cabinet or safe for five years, and then sent to the partnership’s archive. It should be noted that after the chairman has completed his duties, he can be re-elected or resign on his own.
Alteration
If circumstances arise that require amendments to the labor agreement with the chairman of the HOA (for example, they revised the staffing table, as a result of which the chairman has increased salaries), then in this case, changes are made by drawing up an additional agreement. The supplementary agreement indicates a new version of the obsolete clause of the contract.
Responsibilities of the chairman of the HOA under the employment contract
The chairman of the HOA board is a person who represents and fully protects the interests of owners in all instances. The chairman is guided in his activity by housing legislation and job description approved by board members.
According to the employment contract, the duties of the chairman include:
- knowledge of the legislation of the Russian Federation, the legislation of their region of residence, as well as timely familiarization with all amendments and additions;
- monitoring timely recalculation of tenants for utilities, if necessary;
- control over the work of the accountant of the partnership;
- control over the implementation of the provisions of the charter of the HOA and protocols from general meetings, which directly reflects the activities of the partnership;
- monitoring the implementation of decisions made at meetings by members of the HOA;
- monitoring the sanitary condition of common areas;
- management of staff serving the house (scheduling, checking payroll);
- tracking the progress of work on agreements concluded on behalf of the partnership;
- the signing of contracts regarding the repair and maintenance of housing;
- monitoring the fulfillment by the owners of their duties in maintaining the common premises in accordance with their property shares;
- monitoring the observance of property rights;
- prevention of conflicts, as well as their timely elimination in case of occurrence;
- Partnership documentation (reports, documents, statistics, bank papers);
- providing a report on the work done at the meeting of the partnership members is good when an employment contract is concluded with the chairman of the HOA.
It must also be said that after taking office, the chairman must notify the tax authorities of his data. Since the partnership of homeowners is a legal entity, changes must be made to the USRLE. If we summarize all these responsibilities, then the functions of the chairman can be identified as follows. First of all, the chairman must competently respond to requests, complaints and statements of residents of an apartment building. In addition, the chairman must supervise the production of all household chores and the timely conduct of all public utilities. Thirdly, cooperation with suppliers of resources, which timely provide residents of the house with heat, electricity and water.
The members of the partnership can challenge the actions and decisions of the chairman and members of the board by submitting a complaint to the prosecutor's office, because the chairman of the HOA works under an employment contract.
Rights and Powers
In comparison with the leaders of other organizations, the chairman of the board has extremely limited powers, in accordance with the law he has the right:
- certify documents of a financial nature;
- to control the conduct or conduct accounting of the HOA without assistance;
- conclude those contracts which, in accordance with applicable law, do not require the consent of the owners and members of the board;
- sign administrative and other documents binding on members of the HOA;
- determine the date of the meeting of the HOA participants and conduct it;
- carry out instructions HOA without a power of attorney;
- apply for a job and fire employees, assign bonuses and fines;
- dispose of residential and non-residential fund;
- if at the meeting the voters were divided into equal groups, then take someone's position, casting a decisive vote;
- conclude a partnership property insurance contract.
In addition to the above powers, homeowners can endow it with others necessary for the performance of a certain work.
We examined why we need an employment contract with the chairman of the HOA. Sample submitted.
