What determines the salary of the chairman of the HOA? What are the responsibilities? We will answer these questions in the article. We hope that after reading you will change your mind about the futility of the profession. In addition, we will help you understand some of the nuances of payroll.
Does the chairman have a salary right?
In order to receive a salary in Russia, it is necessary to conclude an employment contract. This paper confirms the employment relationship between the employer and the employee. But in the case of the chairman of the HOA, it is not so easy to sort out who he is.
The chairman must act for the benefit of the residents of the house and defend their rights, which means that he is an employee. But, on the other hand, he has the right to give orders himself and give out salaries to other workers.
Based on this, the question arises: with whom to conclude an agreement, if there is no legal entity, and the chairman, meanwhile, has the authority of a manager?
For a long time there was no answer to this question. Homeowners associations appointed salaries for themselves, since the law did not regulate this area.
What has changed now?
How is the chairman paid
In 2011, a number of amendments to the Housing Code were adopted. For this reason, confusion began with the determination of the powers of the chairman. For example, the law establishes that the member of the partnership board cannot work as the chairman of the HOA. But in fact, it turns out that the chairman is chosen from among the members.
That is, it turns out that the chairman cannot work under an employment contract. What to do in this case?
This issue has been very relevant for many years. It got to the point that people were withdrawing candidates, because no one wants to work for free.
Previously, Article 147 of the Housing Code was interpreted literally. Therefore, it turned out that the chairman could not work and get paid. But now people realized that the interpretation of the article could be quite different. The head of the HOA does not receive a salary, but he is given a reward for each work. This includes repairing elevators and painting at the entrance.
It is important to understand that such a peculiar salary of the chairman of the HOA cannot exceed 30% of the cost of the work done. That is, if the painting will cost 30,000, then the chairman will be paid a reward of 9 thousand rubles.
Insurance premiums
If we talk about the fact that the chairman of the HOA receives a salary or remuneration, then it is necessary to mention insurance premiums. They must be paid by each member of the partnership.
The contributions cover the expenses of the chairman. These include time, travel, light and a period of inactivity. Indeed, if no work is underway, then the chairman does not receive his remuneration.
As a rule, contributions are included in the bill for the repair and maintenance of housing. They do not exceed 5% of the total amount, which indicates a low remuneration of the chairman.
How to make out
We already know that the chairman of the HOA receives a salary, or rather, a reward, from each work done. Perhaps someone would like to appoint a reward to their beloved on their own, but the law does not allow this. For this reason, it is very important to understand how the determination of the remuneration of the chairman occurs.
The salary of the chairman of the HOA is drawn up in a special way. As we already said, the person holding this post has no right to appoint a salary for himself. For this reason, a general meeting of residents is held once a month, at which the chairman is remunerated for the work carried out under his leadership.
Each of those present receives an invitation to the meeting. The latter spells out the time, place and number of events. For the meeting to take place and the chairman of the HOA to receive a salary, more than half of the residents must be present at it. If such a number of participants is not observed, then the issue of appointing remuneration for the chairman is not considered.
During the meeting, the chairman reports on the work done and names their value. We have already said that the average salary of the chairman of the HOA should be at least 30% of the cost of work performed. But the meeting participants can increase this percentage if they are very satisfied with how the chairman fulfills his duties.
The decision on remuneration is made by secret or open vote. Based on the results, the amount of the salary to the chairman is selected.
At the end of the meeting, a protocol is drawn up which indicates the voting process, the final result and the proposed options.
After all the formalities are observed, the chairman can receive his remuneration. To do this, he needs to file a tax application for receiving a promotion for work and withdraw money from the account.
Voluntary payment of insurance premiums
Can tenants themselves transfer insurance premiums for the chairman? Of course yes. The problem is that HOA participants are rarely willing to spend extra money. But the chairman can consider and discuss such an opportunity before the meeting, but he is obliged to emphasize that this is voluntary assistance. A member of the partnership may make a contribution himself, or may transfer it to the chairman's account. Then the latter independently transfers the money to the Pension Fund.
Income Taxes
We all know that any income is taxed. Remuneration of the chairman is no exception. The person holding the post reports on expenses in the tax and provides information about the remuneration there.
13% of the total amount of incentive is taken away, and they are paid to the tax. Only after deduction of tax does the chairman have his salary in his hands.
Gratuitous labor
What if the chairman of the HOA without a salary? How to arrange it? We understand further. It happens that the members of the partnership do not consider it necessary to pay for the work of the chairman. People think that he is not doing anything, which means that he doesn’t really need to pay too much.
How to be in this situation? If a meeting has not been held for sixty days and the tenants do not even talk about paying remuneration, then the chairman has the right to ask the housing inspectorate for help. They will explain how to proceed further, and if necessary, they will help to draw up a lawsuit.
Usually, a case is dealt with in a district court, so there will be no difficulties in filing an application. The chairman will contact the place of registration and pay the state fee. The application has a clear form, it should contain information about the chairman, defendant and the partnership itself.
The document should reflect the date from which the chairman was stopped paying, as well as the merits of the latter to members of the HOA. In addition, it is necessary to indicate the reasons why tenants refuse to pay even the average salary to the chairman of the HOA.
The statement must be signed by the chairman himself, and he is obliged to put the seal of the partnership on it.
In addition, the statement of claim will not be considered if there are no documents confirming the words of the chairman. Therefore, proof is needed, for example, the protocol for the election of the chairman or reports on the work done.
The document must be printed on a computer or written in black or blue ballpoint pen. If the statement is in writing, then the handwriting should be legible.
Unfortunately, such situations arise more often, and the court, as a rule, takes the side of the chairman. When the conscientious performance of the duties of the latter is confirmed, remuneration is allocated from the overhaul fund.If the fund is empty, then the amount of remuneration is included in the overhaul account for each tenant.
Two in one
Is it possible to combine the salary of the chairman and accountant of the HOA? In 2011, a bill was passed which stated that the head cannot combine core responsibilities with others at the same working time. That is, it turns out that the chairman has the right to conduct accounting, but this activity will not be paid. But not everything is so sad. At a meeting, partnership members may agree to increase the remuneration of the chairman. It is possible that the latter will receive additional payments if the chairman carries out work uncharacteristic for him.
Who increases the reward
If the salary of the chairman of the HOA is not agreed with the homeowners, then problems arise. But the same owners have the right to increase the size of the promotion. After all, only the general advice of the partnership can regulate the amount of remuneration.
HOA must act according to the charter, it is he who is the main document. This paper is referenced if you need to resolve any issues or determine the rules. That is, if the charter spells out a clause that speaks about the possibility of determining the remuneration of the members of the partnership, then the amount of remuneration can be any.
If the charter specifies the maximum amount of remuneration, then what salary the head of the HOA will be accrued depends only on it, because it is impossible to rise above this threshold.
Apartment buildings
Article 161 of the Housing Code stipulates that homeowners have the right to choose one of the following ways to manage the home:
- Management Company.
- HBC or HOA.
- Direct control. This option is only available if the house is considered to be small-sized (less than thirty apartments).
If there is no HOA in the house, then homeowners independently manage it. This means that they are obliged to choose advice at home. From the participants in the council, a chairman is elected, who assumes the duties stipulated by the sixth part of article 161.
Under the Housing Code, the general council is required to pay remuneration to the chairman. That is, to the question "Does the chairman of the HOA have the right to receive a salary?" it is safe to answer yes. Only this will be called not a salary, but a reward. This should be reflected in the verdict of the meeting.
Who can chair
Since the salary of the head of the HOA after the changes in the housing complex began to be called remuneration, there was a noticeable decrease in the number of people wishing for this position. But still, you need to figure out what criteria a candidate for a position must meet.
The chairman of the HOA may be a person who has reached the age of majority. This is not spelled out in the Housing Code, but it is indicated in the general norms of the Civil Code.
Also, only a fully capable person can become the chairman of the partnership. If a person has restrictions on legal capacity or is completely incapable, then there is no chance. This is due to the fact that the position involves the conclusion of contracts and the execution of actions.
To become chairman, you need to nominate yourself at a board meeting. The Council, in turn, consists of members of the partnership. That is, the issue of the composition of the council is also being decided at the meeting.
It can be concluded that only the person who is in the partnership can become the chairman of the partnership. But the circle of applicants is not limited to this. A candidate may:
- The official at the enterprise with which the HOA has a contract.
- A person who has entered into an apartment management contract with a partnership.
- A person working under an employment contract in a partnership.
- Member of the Audit Commission.
After the election of the chairman, the question arises whether the chairman of the HOA receives a salary. Already on this basis, a person will decide whether he needs this position or not.But if there is a need to become chairman, then you need to know how to do it.
How to take a position
What the chairman of the HOA receives: salary or remuneration, we figured out, but it is still unclear how to take the position.
To be able to become chairman, you need to have housing in a particular house. This point is spelled out in article 143 of the Housing Code. If a person rents an apartment or lives in an apartment rented by someone else, he cannot apply for a position.
In the same article it is written that for joining a partnership it is enough to submit an application to the chairman or to the person who performs his duties.
When you join a partnership, you need to take the next step. Namely: get into the board. The board is elected at the general meeting of the apartment building. The maximum term of office of the board is two years, after which elections are held again.
Article 149 of the Housing Code stipulates that the chairman may be elected only for the term specified in the charter. Most often, both the board and the chairman are elected for the same term.
We derive an algorithm of actions:
- Own housing, which is located in the house where the partnership operates.
- Write a statement addressed to the chairman or the person who is acting. This is necessary in order to enter into a partnership.
- Wait until the term of office of the chairman and board expires.
- Appear at the general meeting. It is there that the issue of re-election is decided.
- To get to the list of candidates for the position at the meeting.
- Make the most positive impression possible so that more participants vote.
Everything seems to be simple, but in order to get on the list of candidates, you need to have the following knowledge and qualities:
- In-depth knowledge of the legislation of our country.
- Understand the contracts, understand the legal language of presentation. Without this knowledge, it is impossible to work in positions.
- Proficiency in business communication. The position involves communication with different social strata, which means that the chairman must be able to communicate with any people.
If all these skills are available, then only the social status or age of the applicant can become an obstacle to obtaining a position. Although it is not prohibited by law, they try to choose people with rich experience as chairmen. They are better oriented in situations and are able to effectively manage people, unlike young people.
The more successful a person is, the more likely he is to become chairman. A high income and a good characteristic from the place of work also contributes to the liking of the board of the partnership.
Job description
Each post has its own rules that must be followed. It absolutely does not matter what the chairman of the HOA receives - a salary or remuneration, he must fulfill all the obligations assigned to him and know his rights.
- A person may hold the position of chairman for two years. After which the elections take place again.
- The chairman must comply with the laws of the country that are in force at the time of exercise of authority.
- A person holding a position does not have the right to neglect his own duties, to put personal gain higher than the interests of the partnership.
- The chairman may give directions to subordinates. It is important to remember that orders should not conflict with local regulations and laws of our country.
- The chairman of the partnership must control the activities of the board and the general council.
- The chairman may take the initiative, which is aimed at improving the work of HOAs and the condition of the house.
- The person who holds the position may represent the interests of the partnership, while a power of attorney is not required.
Chairman check
Often, residents are asking how to check the legality of payroll to the chairman of the HOA. Especially often the residents showed distrust before making changes to the Housing Code.As soon as the amendments were adopted, there were no questions about the transparency of remuneration. This is because the promotion of the chairman depends entirely on the participants in the partnership. They decide what percentage the chairman will receive from the work performed.
Changes in the law completely exclude the possibility of fraud with a salary, because the head reports on the work done not only to the partnership council, but also to the tax service. For this reason, you can not worry about your money, because the reward system is completely transparent.
Conclusion
We talked about the salary of the chairman of the HOA and about controversial situations. Of course, the salary of the chairman matters, but those who usually want to clean up the partnership usually go to this position. After all, it is precisely for this that a chairman is chosen, and therefore he must meet the expectations of the residents.
A lot depends on the professionalism of this person. The chairman communicates with state power and the common people, he is an intermediary. Often job responsibilities are very complex, and not everyone is able to withstand such a load. It only says that the opinion about the carelessness of the service is erroneous, in fact, the work is difficult and responsible.