Homeowners association agreement with the managing individual. Job description of the HOA manager, responsibilities and employment contract

– a legal entity formed by the owners of isolated premises in an apartment building. The activities of the HOA are aimed at maintaining the systems and infrastructure of the house in proper condition, as well as meeting the needs of citizens for utilities and landscaping. The partnership carries out its activities on the basis standard contract with citizens, as well as the charter, the adoption of which is carried out through a general meeting.

To achieve the goals of the organization, residents delegate the following functions to it:

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

  • Operational management of the common property assets of an apartment building. In addition to practical use for the provision of public services, the HOA may enter into agreements with third parties on the use of property.
  • Ensuring proper payment for electricity, gas supply, water supply, as well as basic repair and improvement activities.
  • Representing the interests of citizens, participation in government programs.
  • Maintaining documentation (financial, accounting, statistical).
  • Hiring staff and concluding contracts with contractors.
  • Issuing certificates and statements about housing status, utility bills or citizens.

Unlike housing cooperatives, decision-making in HOAs is based on obtaining an overwhelming number of votes from residents, and not unanimously. Cooperative management form is aimed at entrepreneurial activity, albeit in the interests of citizens living in the building. The partnership is a non-profit structure, the majority of whose operations are carried out using tax-deductible contributions. A significant part of the operations in the HOA is regulated, and the board and members of the HOA are more free in forming the charter and conducting activities.

Maintenance contract for an apartment building is drawn up between the owners of the premises and the board elected at a meeting of residents. Despite the fact that the document is developed jointly, there is no practice of collective agreement.

Form of agreement with HOA

The law does not directly describe the form of the agreement with the HOA, but allows for the application of other rules of civil law. In particular, a sample agreement for the provision of HOA services between a citizen and a legal entity regarding the provision of services must be concluded in a simple writing(). Failure to comply with the written form does not incur liability, but deprives the parties of the need to comply with obligations.

The contractual form of paperwork implies that the citizen and the organization have agreed on the conditions, which is confirmed by a signature. At the same time, if the services are already actually being provided, but the contract was not concluded due to the fault of the tenant, payment for the work done is still required (,).

Information specified in the agreement with the HOA

Information is entered into the document based on charter of the partnership, the opinions of the majority of residents and the Civil Code, which defines relationships with contractors. The agreement should also not contradict the Housing Code of the Russian Federation, in particular, not infringe on the rights of citizens who have not joined the HOA.

Sample agreement between owner and HOA(you can view and download here:) includes the following elements:

  • Definition of a document (service agreement for an apartment building).
  • Time and place of conclusion (the date is indicated, as well as the address of the building in respect of which the agreement is being accepted).
  • Parties involved in the agreements. An individual (owner) indicates passport details, a legal entity - details and information about the chairman of the partnership.
  • The subject of the agreement is the measures taken by the HOA to ensure the operation of the building and the collection of utility bills. The property rights transferred under the management of the organization and the owner’s share (defined as a part of the total area, proportional to the size of the apartment) are also indicated.
  • The obligations of the parties make it possible to implement the points of the agreement and determine the moment of violation of the agreements. It is indicated is it obliged partnership to hire third parties.
  • The rights of the parties to the agreement allow them to dispose of property, assert their rights and demand reports, certificates and other documents related to the activities of the HOA.
  • The amount of payments, as well as the conditions for accruing additional amounts for unforeseen expenses. The minimum payment amount is indicated.
  • Liability arising as a result of failure to fulfill assumed obligations.
  • The procedure for resolving controversial issues that arise during the operation of the HOA. Most often, a regime of mutual claims is established.
  • Possibility in case of loss of ownership rights to the apartment.
  • Duration and type of contract (the term is determined independently, but the type is always public, as required);
  • Signatures and details of the parties (repeat).

Requirements for drawing up an agreement with an HOA

The conclusion of an agreement is impossible if a person does not have property rights or does not express a desire to enter into a partnership. At the same time, the HOA cannot refuse citizens to exercise their right to participate in the management of common property. The concluded agreement does not require notarization except in cases where the sole owner of the premises is incapacitated and has no representatives.

The person participating in the transaction must be familiar with terms of the contract, even if it did not participate in its preparation (the sample was drawn up at an earlier meeting). Persons who do not have sufficient legal capacity (for example, minors) cannot be parties to the transaction. After drawing up the agreement and its subsequent signing, each participant receives one copy.

Conclusion

Agreement with the HOA for the provision of utilities allows you to delineate the rights and responsibilities of the parties and create the prerequisites for uniform cooperation between the partnership and residents. The Housing Code establishes the following standards:

  • The agreement is drawn up on paper and is concluded between the two parties.
  • The document contains essential conditions defined in the Civil Code of the Russian Federation, as well as clauses introduced on the basis of the charter.
  • The contract is concluded at the will of the tenant
  • The 2017 HOA agreement can be downloaded from the website.

This is an employee whose position is provided for in the staffing table (provided that the general meeting has approved such staffing).

A professional in the utility sector who has first-hand knowledge of the entire management mechanism of apartment buildings is carefully selected for this position.

Such an employee for the owners' association is the core, the axis around which all the activities of the HOA revolve to service and maintain all the systems of the house in working order for the uninterrupted supply of resources to each premises.

Reference: But this is not an understudy for the chairman; the functions of these officials are completely different.

If the chairman is involved in administrative affairs, then the house manager is in charge of the purely technical side of the activity; all the workers, from the plumber to the grounds cleaner, are subordinate to him.

The building manager is omnipresent, he knows where the facade needs to be repaired, the valve needs to be replaced, and which subcontractors need to be involved in special work. He is the main manager who determines the priority of matters.

Who can be hired for this position?

A manager can be hired to work in an HOA as an individual. person and individual entrepreneur. This employee must meet the following requirements:

IMPORTANT: Since this position involves financial responsibility, the applicant for it should not have a criminal record or be previously involved in theft.

Can the manager not be the owner?

Unlike the chairman of the HOA, the building manager may have nothing to do with the apartment building serviced by the partnership. The presence of property in this house is neither a prerequisite nor an obstacle.

The main requirement for a property manager is professionalism in the field of public utilities.

Responsibilities and job description

The responsibilities of the building manager are as follows:


IMPORTANT: The house manager controls the issuance and consumption of necessary materials, tools, purchases spare parts, equipment, etc., and carries out write-offs.

This manager is also not deprived of paper work; he must have an idea of ​​​​the status of payments, participate in the issuance of certificates, drawing up and implementation of measures for the preparation of all MKD systems in the winter and summer periods, etc.

The job description of the building manager contains other sections: in addition to duties, this instruction also describes his rights, working and payment conditions, responsibility, work and rest schedule.

Below is an example document:




What rights does he have?

The property manager has the following rights:


ATTENTION: The house manager has the right to demand respectful treatment and provision of his workplace with everything necessary for maximum effective work.

How much is the salary?

The position of HOA house manager requires special knowledge, education and skills, but is also well paid. The average salary for this position in 2017 is within the following limits:


The earnings of a house manager differ significantly by region, which suggests that not everyone has switched to new methods of managing apartment buildings and has not fully appreciated the importance of a good manager.

What are the working conditions?

The working day of a mid-level manager in an HOA is filled beyond measure. Physically, he cannot and should not be on the territory of the apartment building all the time: there is a need to participate in meetings, negotiations, in courts, at seminars, but during operating hours, as well as receptions of residents, it is necessary to be on site.

REFERENCE: The building manager has his own office, the presence of a computer in which is an indispensable condition in 2017.

He has the right to demand that his workplace be equipped in a way that is convenient for the employee himself and for his visitors, especially since he receives not only his subordinates, but also the owners of the premises, and contractors, and representatives of resource supply companies, etc.

The workday schedule is 8 hours, but if an accident or pre-emergency condition occurs, this manager can be called to the site at any time of the day.

Employment contract with the HOA manager


One of the types of contracts can be concluded with the building manager for work in the partnership - labor or civil law.

When choosing the first option, the employee and his management are subject to the requirements of compliance with the Labor Code of the Russian Federation, the second - to the Code of Civil Procedure of the Russian Federation.

An employment contract is the most preferred type of formalization of relations, from the moment of its conclusion, the manager is protected and has all rights, including vacation, sick leave and dismissal strictly within the framework of the law, and the level of earnings will strictly correspond to that indicated in the staffing table of the partnership.

An example of a document in the photo below:


Often, HOAs even go to the extent of hiring a manager with an anti-crisis focus; such a manager will identify weak points, optimize the team’s activities and ensure complete order and cleanliness, always properly working equipment, unquestioning subordination of mechanics, electricians, plumbers, etc.

A classy specialist in the position of building manager is a godsend for both the board and the residents.

The management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolving issues regarding the use of said property, as well as the provision of utilities to citizens living in such a building.

Currently, more and more often, owners of apartment buildings choose the form of management of their home - HOA, while many of them feel the need for professional management, but are not ready to transfer the board into the hands of a commercial organization. One solution to this problem is to attract

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

What is the legal status of the HOA manager and what is his procedure for interaction with the homeowners’ association.

Today, more and more often in the practice of HOAs, the figure of the HOA manager appears next to the chairman of the board. This trend is quite natural; moreover, it is likely to develop, confirming the idea of ​​​​the need to combine self-government of an apartment building with professional management.

It is quite obvious that not in every building you can find an owner (and the chairman of the board of the HOA can only be the owner of the premises in an apartment building, who is a member of the partnership), who would have a sufficient amount of knowledge and experience, and most importantly, the desire to leave all or part of his main work (since the quality work of the chairman of the board requires a significant amount of time) and devote himself to working for the common good of the entire house. Meanwhile, it is quite possible to find a person willing and able to determine the main directions of work in managing the house and control the execution of plans, while the hired manager will do all the rest of the work.

Manager: who is he and why is he needed?

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

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

Registration of the legal status of the manager.

Two types of contracts can be concluded with the Manager: an employment contract, by including him in the HOA staff, or a civil law contract, one of the forms of which is a contract for the provision of services. Art. is devoted to these issues. 162 Housing Code of the Russian Federation.

It should be noted that Art. 145 Housing Code of the Russian Federation hiring a manager as a hired employeeto the exclusive competence of the general meeting of HOA members does not apply, and here is Art. 148 (4.5) to the responsibilities of the HOA board includes: management of an apartment building or concluding contracts for its management; hiring workers to service an apartment building and firing 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 clause 2 of Art. 149 of the Housing Code of the Russian Federation can carry out transactions that, in accordance with the law and the charter of the partnership, do not require mandatory approval of the board or general meeting of members of the partnership.

IN If an employment contract is concluded, the position of manager with the appropriate salary must be included in the HOA staffing table within cost estimate approved at the general meeting of HOA members in accordance with Article 8.1. 145 Housing Code of the Russian Federation. At the same time, the authority to hire workers to service an apartment building and dismiss them in accordance with clause 5 of Art. 148 of the RF Housing Code refers to the responsibilities of the HOA board.Consequently, an employment contract with a manager is concluded on the basis of a decision of the board and the employment contract with a specific manager is signed by the chairman. As for termination of an employment contract, it is possible only on the grounds provided for in Art. 81 of the Labor Code of the Russian Federation.

Possibility of conclusion civil 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 enter into an agreement, both provided for and not provided for by law or other legal acts; The provisions of paragraphs. 1 clause 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 utility services, provides for the right to conclude other agreements in the interests of members of the partnership. These “others” should include the agreement with the HOA manager

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 Chapter. 29 of the Civil Code of the Russian Federation, namely in case of a significant violation 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 contract, as a rule, provides for the possibility of unilateral termination of the contract by one of the parties by notifying the other party about this within the period specified in the contract.

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 Chapter 10 of the Civil Code of the Russian Federation.

According to paragraph 2 of Art. 149 of the Housing Code of the Russian Federation, 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. In this case, the content of the power of attorney (the list of powers transferred to the manager) must be based on the terms of the agreement. This is important, since the manager can be transferred by proxy, say, the powers to conclude contracts for maintenance and repairs, which initially belonged to the board of the HOA, and not to its chairman. If this condition is not stipulated in the contract, but the chairman nevertheless included the specified 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 the 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 agreement, or in the employment contract and job description.

It is clear that a manager who is an individual cannot be the executor of public services. When concluding the agreements discussed above, the provider of utilities remains the HOA, therefore the scope of the rights and responsibilities of the manager lies in the area of ​​administrative management of the HOA, as well as in the field of maintenance, maintenance and repair of the common property of the apartment building.

Unless otherwise provided by the HOA charter, the scope of powers delegated to the manager is determined by the HOA board, regardless of the type of agreement.

Depending on the degree of trust, the HOA manager can be assigned, for example, the following functions:

Selection of contractors to carry out maintenance and repair work on the common property of an apartment building (in this case, the HOA board may reserve the authority to conclude an agreement, or may also entrust it to the manager);

Concluding contracts for the provision of utility services;

Concluding other agreements on behalf of the HOA;

Hiring and firing employees;

Monitoring the implementation of maintenance, maintenance and repair work of an apartment building;

Representing the interests of HOAs in state authorities and local governments;

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

Preparation of a 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 issues related to the work of the HOA;

Collection of debt to the HOA from the owners of premises in the house, etc.

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

Methods of interaction between the HOA and the Manager.

In conclusion, we will consider possible models of interaction between the HOA and the HOA manager.

Under the first model, management is carried out by the manager, and maintenance and repairs are carried out by hired staff of the partnership. The main disadvantage of this scheme is the need to maintain a large staff of workers with constant wages. The main advantage of the model is the greater independence of the HOA from third parties. This scheme is found 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 repairs are carried out by contractors under contracts with the HOA. Of course, the positive side of this model is the absence of the need to maintain its own 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 presupposes the presence of a person responsible for managing the apartment building, who carries out the management professionally, and a permanent body of the HOA - the board, expressing the interests of the owners and monitoring 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.

Anyone who closely follows changes in legislation is aware that since 2006, it is simply pointless to demand performance from the relevant municipal structures - the government of the Russian Federation has given the green light to every owner of his apartment.

An opportunity has arisen to organize a non-profit structure whose purpose is to manage and control joint property. The homeowners' association has full control over where the money collected from residents is spent and what quality of purchased services are provided.

After collecting data on all property owners in the controlled territory, an open in-person meeting of all residents is held, at which the governing bodies of the Homeowners Association are elected. The voluntary choice is supported by the minutes of the meeting and the voting forms of each participant. The result of an election in which at least half of all property owners were present can be considered legal.

Initially determined executive body - auditor and board members, the organization's charter is approved. The term of the board of the selected group is determined by the charter. Basically it does not exceed 24 months. The highest governing body is the general meeting of members of the organization. Further, on the basis of Article 147 of the Housing Code of the Russian Federation, the chairman of the partnership is selected from among the board members, who completely manages the HOA. The meeting of members of the partnership is competent to:

  • introduce any amendments to the HOA charter;
  • make a decision on reorganization or;
  • elect members of the board and audit commission;
  • set the amount of the membership fee;
  • organize additional funds for the HOA - a reserve financing fund, a fund for restoration work and repairs of common property;
  • make decisions on obtaining a loan from banks;
  • determine the main areas for investment;
  • approve the organization’s financial activity plan;
  • consider complaints against the current governing bodies of the HOA (we wrote about complaints);
  • determine the amount of payments to active members of the partnership;
  • make decisions on leasing controlled premises and territories.

As was said earlier, all actions and powers of the HOA management bodies strictly regulated by the adopted charter. According to this document, the frequency and timing of convening members of the partnership are determined. Often the meeting is held once every 30 days. The progress of the meeting and the decisions made are strictly recorded, and the minutes are stored in archives for a long time.

The chairman of the HOA receives payment for performing his duties, while board members work for free. The governing bodies conduct office work and accounting. Absolutely all financial issues regarding the life support of the controlled territory are brought before the court of such a non-profit organization. At the moment, the management process of the Homeowners Association is regulated by the organization’s constituent document.

The charter clearly outlines all the rights and responsibilities of the structure and governing bodies. The aspects stated in it should not contradict the legislation of the Russian Federation and local legal documents. This paper must contain:

  • HOA name, address and other general information;
  • the purpose of creating a non-profit structure;
  • rights and obligations of HOA members;
  • clauses that regulate the activities of the chairman of the partnership, the auditor and members of the board;
  • procedure and frequency of collections;
  • structure elimination algorithm.

Activities

To achieve the goals specified in the constituent document, the HOA has every right to carry out economic activities, on the basis of Article 152 of the Housing Code of the Russian Federation. A prerequisite for organizing an HOA is the proper delimitation of the territory; if the procedure is carried out correctly, all attics, basements and the surrounding area will be under the control of the Homeowners Association.

a commercial

According to Article 24 of the Civil Code of the Russian Federation, HOAs have the right to carry out entrepreneurial activities if they are necessary to achieve their goals. Commercial or financial activities should be defined as manipulations with securities - their acquisition and sale, production of goods and services.

In practice, the Homeowners Association can use the financial resources that are in the account in the structure and can make decisions regarding the management of real estate and the appropriateness of its use.

The partnership may apply to the banking structure for a loan for specified needs. Members of the board and the manager can provide a share of the controlled territory for temporary use (rent) in order to obtain financial resources that will be used for the needs of the partnership. This opportunity is provided on the condition that the rights and interests of property owners are respected. How to see ? Read it by following the link.

Economic

Based on paragraph 2 of Article 152 of the Housing Code of the Russian Federation, the HOA has the right to engage in the following types of economic activities:

  • use, maintenance and timely repair of controlled real estate and territory;
  • construction of additional real estate objects in a multi-storey building (based on the decision of the meeting of HOA members);
  • leasing a share of a common territory or real estate.

Dividends received as a result of the above operations are used for the purposes specified in the charter.

For example, this could be landscaping a yard, building a playground or gazebos, paving sidewalks or repairing a road.

If property owners use the funds received in bad faith, the partnership has the right to demand repayment in court.

Quite often, the elected chairman of the partnership does not have the opportunity, and sometimes even the desire, to leave his main place of work and devote himself entirely to good deeds. Therefore, there is an increasing tendency to attract an individual who will determine the main directions of development and work on managing the house. This person is the manager. The management of the HOA can enter into an employment contract with an individual applying for the role of manager, thereby including him in the staff of the HOA.

Read more about the responsibilities of the chairman.

Employment contract

According to Article 57 of the Labor Code of the Russian Federation, in the employment contract () of the person entering into it, it is necessary to indicate the passport details of the future employee, the name of the partnership and registration marks of the enterprise, the place and date of conclusion, and the name of the actual place of work of the employee. Labor responsibilities and conditions are indicated, as well as the work schedule, the availability and amount of compensation and payment.

In the event that the above data was not included in the employment contract, it is still considered valid. Amendments regarding missing data are made directly to the text of the contract, and unspecified conditions are indicated in a special appendix.

Job description

This document fully regulates the rights and obligations of the manager and streamlines the labor process. The job description is prescribed by the chairman and approved by the lawyers. It is drawn up in two copies, one of which remains with the management bodies of the partnership, the second is given to the manager.

The document must include the necessary skills that the manager must have, his duties and rights. To date, no legislative document has been adopted that would regulate the content and process of developing job descriptions. Therefore, the management of the HOA has the right to personally develop such a document ().

Reporting to owners

Very often, in a house managed by an HOA, “ordinary” citizens and members of the partnership coexist. Both the second category of people has the right to review the organization’s documentation, but their level of access will be different. At the moment, the algorithm for providing the requested documentation has not been developed at the state level, so which documents to show and which not is decided by the management of the HOA. Papers provided for review to ordinary residents of a multi-storey building:

  • minutes of the meeting of HOA participants, which are stored in the archives;
  • papers confirming decisions made on issues put on the agenda - lease agreements, and reports on work performed;
  • Charter of the Homeowners Association.

In addition to all of the above papers, a community member has the right to access financial documentation, namely:

  • estimates of income and expenses;
  • reports on financial activities.

Receipts

One of the forms of reporting to community members is receipts for payment of membership fees. It is important that each receipt is supported by a cash register receipt and has all the HOA registration marks. Such a document must include information about the member of the partnership and his residential address. The recipient's current account and his identification code, the purpose of the payment and for what period it is made, as well as the amount of the contribution and the signature of the payer.

As previously written, when holding meetings of the Homeowners Association, the progress of the meeting and all decisions made are recorded in the protocol. The minutes display all the issues that were brought up for discussion and the measures taken. The names and surnames of the present members of the partnership must be entered with personal signatures accordingly.

The minutes are kept by a secretary who is specially invited to such events. The average statistical protocol must contain the registration number of the document, the name of the meeting indicating the nature of the meeting, the date and time of the meeting, as well as the number of people present, the agenda, indicating all the issues and reasons for the meeting. At the end of the document, it is necessary to record the voting result and sign the signatures of all those present.

Power of attorney

Quite often, for some reason, the manager cannot fully perform his functions, then in order to ensure the life of the partnership it is necessary to issue a power of attorney to the manager (). Such a document allows the employee to defend the opinion of the chairman at general meetings of members of the Homeowners Association and general meetings of property owners, and to take part in voting on all issues announced on the agenda.

Appeal in court the decision taken by the governing body of the HOA “Name”, if they violate the rights of the chairman as a member of such an organization, sign and perform other actions necessary to represent his interests at the meeting.

The manager has the right to manage the controlled territory with the right of economic management, and he can also sign documents of primary importance.

Accounting policy

Competent accounting policy () is a fairly important aspect in the development and establishment of a full-fledged HOA. It allows you to control almost all the finances and activities of the enterprise by the owners themselves, and determine the optimal legal taxation schemes. The accounting policy should cover organizational issues and reflect the formation of data by segments. Have methods for assessing the balance of assets and liabilities, regulate tariffs for services and generate information displayed in reports.

Seal

According to the Decree of the Federal State Statistics Service of the Russian Federation, maintaining strict reporting documentation, work books and primary papers requires the presence of a seal with the full name of the non-profit organization. Based on paragraph 5 of Article 135 of the Housing Code of the Russian Federation, the Homeowners Association has the right to have stamps with its name, as well as forms (we already wrote about this in the article), a registered emblem, a bank account and other details.

Disclosure Standard

Housing Code of the Russian Federation there are requirements for information disclosure HOA. The partnership must provide free access to data on the main indicators of its work, the order of work performed and its cost. All features of the disclosure and provision of such information are approved by the Organizational Information Disclosure Standard dated September 23, 2010.

In accordance with it, HOAs are required to provide data either on the website of local administration authorities or on the website of the executive branch. It is mandatory to place information on racks or stands in the entrance of the controlled building. HOAs are also required to provide data based on requests received from both members of the partnership and property owners.

According to paragraphs 6 and 15 of the Standard, the data provided on the website, stands and racks must be stored for 5 years. The local branch of the State Housing Inspectorate monitors compliance with the requirements of the Standard.

Very often, difficulties arising in the Homeowners' Association are associated with an incorrect understanding of the goals set by all members. Having completed its assigned mission, the HOA becomes simply unnecessary, poorly organized and unprepared to fulfill new obligations and plans.

The HOA management system for an apartment building belongs to the organizational type, with all its characteristic features and nuances. Without a doubt, it must be consistent with a feedback control scheme. When organizing a partnership, it should be taken into account that such a system is quite new and has not been studied, and similar analogues simply do not exist.