It is known that the process of making management decisions is the key one in the system of management processes.
However, the main attention of researchers previously focused on the procedures and essence of the main stages of management decision-making for systems of public administration, enterprise management, crisis management, etc.
The issue of the peculiarities of management decision-making in the management company requires additional attention of the researches.
The purpose of this paper is to study the features and implementation of the management decisions in the management company.
The key issues of the development of a system mechanism in order to support management decisions, on the basis of which the improvement of the processes of making reasonable and objective decisions in situations of exceptional complexity, understanding all the subtleties of the decision-making process in different conditions, knowledge and application of various methods and models of decision-making, play a significant role in increasing the efficiency of any management company.
The management company is a legal entity that is hired by the UOMH to manage the common property of the co-owners in the apartment building. The service company is a maintenance company. In its work, the management company is guided by the contract signed with the UOMH. Legal relations of such cooperation are regulated by the Law of Ukraine "On the Peculiarities of Exercising the Right of Ownership in an Apartment Building." The basis of the activity of the service company is also the Law of Ukraine "On Housing and Communal Services", according to which the co-owners receive nothing but services from the service company. The Services for the UOMH are prescribed in the specified Laws and are additionally agreed separately under the contract. In particular, these are timely necessary repairs, well-kept grounds, improvement works in the middle of the building (lighting, elevators, engineering networks, etc.). The management company operates on the basis of a contract between the condominium and the managing company, which specifies the purpose of the contract (providing services for the management of an apartment building), defines the list of services, their cost, the rights and obligations of the parties, and the term of the contract.
The election and recall of the manager, approval and change of the terms of the contract with the manager belong to the exclusive competence of the general meeting of co-owners (Article 10 of Law No. 2866).
According to Clause 7 of Article 1 of Law No. 417, the manager ensures proper maintenance and repair of the common property of the multi-apartment building and the adjacent territory, as well as proper living conditions and satisfaction of household needs.
So, the key difference is that the economic relations between the parties relate to the provision of services for the management of an apartment building, and not an enterprise. Accordingly, management decisions made by the management company concern all co-owners of the apartment building, not the enterprise. Yes, the condominium retains all rights and obligations and can change the manager at will.
As a rule, management companies, engaged in communal maintenance of high-rise buildings, provide a potentially higher quality of services, since they are accountable to condominiums.
The service organization, having received certain rights and obligations from the condominium, is completely under the control of the co-owners. The authority to manage one's own property remains exclusively with the condominium association.
At the same time, there is a risk of receiving low-quality service, especially in cases where the service organization is appointed by local self-government bodies, and not chosen by the condominium independently.
When entrusting the management functions to the management company, the co-owners lose their full control over their own financial resources. The non-transparency of spending funds can be avoided by implementing a careful control over expenses by the condominium, fixed by the contract.
Proper implementation of real estate management activities requires not only knowledge of housing law, civil law, construction law, land law and other, administrative record keeping, accounting and finance, construction, insurance.
References:
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