So on general meeting homeowners, a decision was made to create an HOA, a board was elected, the board elected a chairman, and a representative was appointed for registering the homeowners association (this could also be the chairman). What to do next? What documents, in what time frame and where should they be submitted? We will try to highlight several important points in this publication.

HOA is a legal entity

From the moment of state registration, the homeowners’ association will be considered a legal entity (according to Article 135, clause 5 of the Housing Code of the Russian Federation). To carry out state registration of an HOA, you must provide the following documents to the Tax Inspectorate:

1. application for state registration legal entity according to form 11001. The application can be printed from specialized legal programs (for example, “Consultant-Plus”). There are certain rules for completing this form that must be followed. They are fully spelled out in the Order of the Federal Tax Service of November 1, 2004 “On methodological explanations for filling out document forms used for state registration of a legal entity and individual entrepreneur" In particular, you must remember that the application must be filled out in block letters in black or blue ink. You can also print it on a printer or use typewriter. If any section is not filled in, a dash is added. Corrections in the text are not allowed.

Both the application itself and all sheets of the application must be signed by the person submitting the application, and the signature in section 7 must be notarized. Basic information about the newly created HOA is contained on the first three sheets of the application, to which must be attached:

• information about the founders of a legal entity (legal and individuals);
• information about a person who can act on behalf of the HOA without a power of attorney - addressed to the selected chairman of the HOA;
• information about all types economic activity which the HOA plans to implement (according to All-Russian classifier types of economic activity OKVED).

2. Minutes of the general meeting of owners in 1 copy. It should be clear from the minutes how the voting took place, how the votes were counted, who was elected chairman, etc. Attention! The protocol in this case is signed by all owners of the premises in apartment building who voted for such decisions. (Article 136 of the RF Housing Code)

3. Charter of the HOA in 2 copies, bound and numbered, approved by the general meeting of owners (1 copy is then returned to the HOA).

4. The original (in no case a photocopy) of the receipt for payment of the state fee for registration of a legal entity. The state duty is 4 thousand rubles and is transferred to the account of the Tax Inspectorate.

Each document that contains more than one sheet must be bound and the sheets must be numbered. The number of sheets in the document is confirmed by the signature of the applicant or notary on the back of the last sheet at the place of the stitching.

After submitting documents

You can submit documents to the tax office yourself by receiving a receipt containing the name and details of all accepted documents.
In addition, you can send a set of documents by mail with the declared value and an inventory of the attachment. In this case, a receipt for receipt of documents is also sent by mail.

The tax office must make a decision on registering an HOA within five working days. You can come for a decision after the specified period yourself, or receive information by mail.

Refusal to register an HOA is possible if a set of documents is submitted in the wrong place (for example, the address of the HOA being created is not under the jurisdiction of the Tax Inspectorate) or if the documents are completed incorrectly. The absence or incorrect completion of any document can serve as a refusal to register: for example, this can happen if the applicant’s signature is not certified by a notary, if the information specified in the documents is unreliable, if the content of the HOA Charter does not comply with current legislation and in many other cases. That is why it is recommended to involve professionals in the preparation of a set of documents for registration (for example, you can contact a professional management company. In case of refusal of registration, the state fee is not refunded, and in case of re-submission of documents, the state fee must be paid again.

After registering a homeowners' association, it is necessary to notify all tenants so that they know where rent will be transferred from that time on.

How the rent will be paid is determined by the board of the HOA in accordance with the Charter. As a rule, rent is paid through post offices or bank branches. The homeowners association must open its own bank account, where the money will go.

You should also convey information about the registration of the HOA to the organization that had the house on its balance sheet before the creation of the HOA (for example, ZhES, MREO, GU ZHA, etc.). The HOA board must contact the organization with a request (in the form of a letter in free form) to transfer the house to the management of the HOA. The building is transferred to the balance sheet of the HOA according to the acceptance certificate with the attachment of all available technical documentation for the house. The owners' association must be provided with all Required documents, for example, a technical passport for a house, personal accounts, a defective list, a floor list and others - for each specific house there will be its own set.

After accepting the house under the management of the HOA, it is necessary to send written notifications to the district administration, GU ZHA, PIB, passport office and other organizations. From the moment the house is accepted, the HOA is obliged to renew contracts with housing and utilities, charge payments for the provision of housing and utility services to owners, tenants and tenants of building premises in accordance with current legislation. At the same time, everything financial questions must be settled. For example, a house may have a debt to Vodokanal, although all residents regularly paid for water. It is quite possible that the GU ZHA did not transfer all the money to Vodokanal.

Documents required for HOA:

• HOA charter;
• certificate of inclusion of the HOA in the Unified State Register legal entities;
• certificate of registration with the tax authority;
• temporary land use certificate;
• notification to the policyholder in extra-budgetary funds: Pension Fund, Social Insurance Fund;
• Letter from the State Statistics Committee on the assignment of the necessary codes (for example, OKPO, SOATO, SOOGU, OKONH);
• Seal, corner stamp;
• Home ownership passport, technical passport of the house;
• Passports for elevators (if there are elevators in the building);
• checkbook;
• minutes of general meetings of HOA members;
• minutes of meetings of the HOA Board;
• technical documentation(in house diagrams utility networks, planning);
• contracts for technical and sanitary maintenance of the house, provision of utilities and other services;
• list of HOA members;
• Financial and accounting documents;
• HOA correspondence, incoming and outgoing.

The flurry of homeowners' association formations sweeping the country provides housing law professionals with plenty of food for thought. Why do HOAs operate successfully in some apartment buildings, while in others they are liquidated as soon as they are born? Is it necessary to organize an HOA in every house? What future awaits the partnership?..

Galina Khovanskaya, State Duma deputy, chairman of the subcommittee on housing and communal services reform of the Committee on Construction and Land Relations of the State Duma of the Russian Federation, answers these and other questions in a conversation with a KR correspondent.

Grandmother and businessman

The State Duma receives a lot of letters from residents apartment buildings, where HOAs were created. From this mail it is clear that, as a rule, partnerships work successfully in houses whose residents have approximately the same high level of income. These are mainly those who bought apartments in new buildings. They are not constrained by finances and are willing to pay extra for the comfort and safety of their home.

In old houses, the income level of residents can differ significantly. For pensioners and, for example, successful entrepreneurs completely different ideas about the level of services and their payment. This discrepancy has become especially acute during the crisis, and not all residents can pay for additional services. In addition, unfortunately, the legislative documents do not clarify what should be considered mandatory payments. Therefore, we have made appropriate amendments to the draft amendments to the Housing Code of the Russian Federation, adopted in the first reading in the summer of 2006. But the project has not yet reached the second reading - it is stuck. They don't tell us "no", but they don't say "yes" either. Years go by, and the rights of owners are violated.

However, much depends on the residents themselves, on the enthusiasts who lead the partnerships. From their legal awareness, knowledge of housing legislation, which changes quite quickly, from the ability to defend their rights.

Quite a constitutional basement

What questions do voters most often ask in letters?

One of the most common is about common property. Take, for example, technical basements, the sale of which continues despite the fact that officials seem to be advocating creation of a homeowners association.

Last year, the Constitutional Court considered two complaints. One came from Perm, the other from St. Petersburg. The applicants are members of the HOA. The technical basements were taken away from them, without being allowed to be included in the common property. The owners filed complaints with the arbitration courts, but lost their cases due to the fact that Themis representatives applied Article 36 (Part 1) of the Housing Code of the Russian Federation in a peculiar way, which talks, among other things, about basements. In the reasoning part of the decisions, the judges wrote that technical basements were not included in the common property, since they also have “other useful properties.” Then representatives of the partnerships appealed to the Constitutional Court, where it was clarified what could be classified as the common property of the owners in an apartment building.

Let us remind you that such property includes non-residential premises - landings, elevators, corridors, roofs, enclosing structures, as well as technical basements in which there are utilities. In addition, - mechanical, electrical, plumbing equipment located in the house, located both outside and inside the premises. All this property is in the common shared ownership of all owners of residential and non-residential premises in an apartment building.

The Constitutional Court made a fundamental important note, thanks to which it can change arbitrage practice on matters of this kind. He indicated that the presence of " useful properties"a technical room is not a basis for excluding it from the common property. Now both Perm residents and residents of St. Petersburg are going to appeal the decisions of local courts. I think the clarification of the Constitutional Court will help other partnerships defend the basements and attics in their homes.

Just give me a deadline

A lot of problems arise for HOAs when their members suddenly find out that property rights have been violated and the statute of limitations has already expired.

Indeed, in such cases, the courts rejected the claims of HOAs and housing cooperatives. In this case, Article 181 was applied (in new edition) Civil Code RF, according to which the limitation period is calculated from the moment the transaction is completed. And although the residents did not even suspect that some kind of deal had been concluded behind their backs, it was no longer possible to defend their rights.

The Plenum of the Supreme Arbitration Court explained: the limitation period for declaring a transaction invalid must be calculated in the general manner, as provided for in Article 196 of the Civil Code of the Russian Federation, that is, from the moment when you learned or could find out that your right was violated. And it lasts three years. This conclusion of the Supreme Arbitration Court also gives partnerships a chance to defend their right to common property.

I would also like to once again remind the chairmen of the HOA that partnerships do not have to pay value added tax on transactions related to the provision of utilities and the maintenance, operation and repair of the common property of apartment buildings. This decision was made back in 2007 by the Supreme arbitration court. The same is stated in the relevant law adopted recently. But members of partnerships still come to me and say that they are being charged taxes because the tax office stubbornly considers the HOA to be a reseller of services. I would like to wish the chairmen of partnerships to more energetically defend their rights and not succumb to pressure from tax inspectors.

Boundaries of what is permitted

The common property of the homeowners association also includes a land plot...

There are many problems here too. Once the boundaries of a land plot have been determined and a cadastral number has been assigned to it, it is your property. But the authorities have no desire to carry out land surveying and register the local area as part of the common property. Unfortunately, it is often possible to force officials to register land only through the courts. The most persistent HOA leaders succeed in this.

The question often comes up in letters: how are the boundaries of a land plot determined? It is known that this is done in accordance with the requirements of land and urban planning legislation. But the Ministry regional development gave clarification: when determining the boundaries, it should be taken into account that in addition to the residential building itself, there may be other objects on the site that are intended for its maintenance, operation and improvement. This includes landscaping elements. Therefore, draw the boundaries of the land plot along the blind areas apartment building- law violation. If, when determining the size and boundaries of a plot, the rights of the owners in an apartment building were violated, it is necessary to seek protection in court.

If the owners of an apartment building made a conscious decision and created a partnership, understanding all the pros and cons of this method of management, this is good. But in Russia there are many small houses with four to eight apartments, and I think that HOAs are not needed there.

In general, I think that the future does not belong to partnerships, but to professional management companies. After all, how often does this happen? An HOA is being created, but there is no professional manager in the building. It’s good if there is a person who knows how to do this.

Basically, partnerships still enter into agreements with management companies, but this can be done without an HOA, by decision of the general meeting of owners. There are not many management companies yet. The Housing Strategy association, created with my participation, is called upon to help them. It unites management companies, promotes the creation self-regulatory organizations in the housing sector and, together with employees of the Moscow Construction University, trains managers

/Svetlana Amelekhina/

Having created the HOA, all members and boards of the partnership must understand what is now ahead control your own income, draw up reports for all your actions. They have their own rights:

• they can enter into any agreements with resource supply organizations;
• draw up estimates for repairs and routine maintenance of home property;
• set the amount of payments for monthly utility bills;
• do it yourself various works, provide cleaning and minor repair services without the involvement of contractors;
• receive a loan from a bank in accordance with the law;
• provide utility rooms for rent, place advertising banners on houses and thus receive additional income.

But it must be taken into account that the creation of a partnership carries both positive and negative points:

• It is best to create an HOA in an apartment building to reduce the cost of maintaining service workers;
• there is a need for an initiative group that controls all actions of the board and the chairman of the HOA;
• a sufficient level of knowledge is required in both legal and technical matters in order to prevent utility accidents in a timely manner and to maintain all home systems in working order.
• there is an obligation to pay for banking services, accountant services, and chairman of the HOA has the right to receive wages for your efforts.

It is necessary to take into account the fact that no matter how large the house is, only one HOA can be created on its basis, and it will be a legal entity.

Partnership requirements

After creation, the partnership is subject to requirements that it must meet:

• throughout all activities, all laws established by the Housing Code and all clauses of the HOA charter must be observed;
• members of the board are obliged to organize the work of staff so that the owners’ requirements for the sanitary and technical condition of the property are taken into account;
• require premises owners to comply with the rules of cohabitation;
• draw up an annual report on the work done, income and expenses of the partnership.

Where to start organizing?

Residents who are dissatisfied with the work of their Management Company do not think much about how to transfer to an HOA, do not strive to create their own partnership, explaining this by the fact that the formation and registration procedure requires not only additional funds, but also time.

Very valuable people will be young, proactive pensioners who have enough time and who are trusted by the majority of residents.

At the first meeting, you should make sure that many people approve of the creation of an HOA. And those who have doubts can be told about what the partnership will do, what plans and projects will be implemented in the future.

The first stage is resource assessment

After the initiative group has been assembled, it is necessary to evaluate what belongs to the common property: what kind of yard, attics, basements and other utility rooms. There is a possibility that some objects are in private property, which means you won’t be able to rent them out, but you won’t have to maintain them in good condition either.

At this stage, an inspection of general house meters also takes place; if they are missing, then they will need to be installed, because in the future this will help you significantly reduce costs.

U management company on special accounts an amount consisting of monthly contributions must be kept for major or current repairs. It should be quite large, especially if no work has been done.

An important role is also played by what kind of tenants live in your house, how many of them are debtors, how many of them will be solvent. Find out their attitude to increasing payments to restore order or, conversely, you will have to reduce payments and start saving in order to collect a certain amount.

Stage two – holding a meeting

After assessing the feasibility of creating an HOA, you should begin preparation of the general house meeting, at which more than half of the residents must vote for the partnership to begin its work. Points to consider when preparing:

1. The first is a door-to-door visit to residents for the purpose of an explanatory conversation. Prepare for a large number questions and complaints.
2. The next point that requires a lot of attention and knowledge of the law is a notice of an upcoming meeting. A mandatory condition is to notify each resident, so a simple notice hanging at the entrance will not be enough. It is best to print out the notices and hand them to everyone for signature. In the absence of some owners, it is best to send a registered letter with return receipt requested.

   Please note that if some residents declare ignorance of the meeting and were not present at it, then this is a reason to invalidate the decision of the general meeting.

3. Prepare lists with the names of the owners and a table with voting options: “For”, “Abstained”, “Against”. Prepare the text of the HOA Charter, it includes items required by law.
4. All meeting participants must have passports and ownership documents with them.

After careful preparation, holding a meeting will not be difficult. Its procedure is established in Art. 146 of the Housing Code of Russia.

All actions at the meeting must be recorded and correspond to the meeting agenda.

1. The decision to create an HOA is made by voting. All information about the residents is entered into the protocol: passport data and information about property rights, the option of expression of will. If a positive decision is made by more than 50% of the participants, then the partnership is considered created.
2. The HOA Charter is approved by reading its main provisions.
3. The selection of the board and audit commission can be by roll call or voting can take place for the entire group at once.
4. The chairman can be elected directly by the owners or appointed from among the board members.
5. At this meeting, additional issues can be considered: how to notify about the next meeting, adoption of the “Rules of Cohabitation” and others. But there is no point in delaying the first meeting; it is better to postpone all subsequent issues for now.

Please note that attendance registration sheets, voting ballots and minutes of the meeting are signed by those present, stapled and stored together.

The meeting can also be held in absentia, with voting forms submitted by the owners by a certain date. Requirements remain the same.

After the meeting, within 10 days, the HOA board is obliged to notify all interested parties of the positive decision. You can post an announcement with the voting results. Where to complain? For information click .

Registration and constituent documents

In order for the HOA to be opened according to the law, it happens state registration at the tax authority. You need a few documents for this:

• application for in the prescribed form, it is filled out by the chairman of the board, the authenticity of the signature must be notarized; it indicates the name
• HOA, address, types of activities carried out, full information about the HOA representative;
• minutes of the general meeting and its copy, which is also certified by a notary;
• the charter in two copies, all sheets must be bound and certified;
• a receipt confirming payment of the state fee from the applicant.

Registration lasts only 7 days, after which a second visit to the tax office is required to obtain documents.

After receiving confirmation of registration, it is necessary to perform a number of mandatory actions that will allow the HOA to legally carry out its activities:

• order a print;
• open an account in any bank;
• organize the transfer of property from the balance sheet of the management company with the involvement of a commission from members of the administration of your city and the board of the HOA;
• accept the building on balance with all technical documentation;
• notify the Property Management Committee and the City Services Department about the creation of the HOA;
• conclude agreements with all resource suppliers;
• start calculating utility bills.

After the start of the partnership, land surveying should also be carried out in order to register it as property. Read how to hold a meeting of homeowners association members.

Duration of existence

The time period for which the HOA is registered is not defined; the form of management can be changed only after a decision on liquidation is made at a general meeting.

But, the terms of being on the HOA board limited to two years. After this, by a majority vote, other owners can be elected or the powers of the previous board can be extended.

Minutes of the meeting

Pay special attention to the preparation of the minutes of the meeting, because they are the basis for registering the partnership. There are many nuances when writing it, so the best way avoiding mistakes is engage an experienced lawyer to draft it.

The initiator of the meeting, the issues to be considered at the meeting, the method of voting and the counting of votes must be indicated. The exact number of ballots with a positive and negative decision is indicated, how many sheets were spoiled and why.

An important point in the protocol is the indication for each owner of the area of ​​ownership of the property. Because when voting, it is not the number of residents who voted “For” that is taken into account, but the number of square meters occupied by them. For example, 3 tenants own a total of 140 sq. m. m., and the other two own 200 sq. m. m. It is these two who will have an advantage in making a decision. All subsequent financial issues are resolved in accordance with.

Many apartment owners in the Russian Federation prefer to manage the property of their building together with other residents in the form of an HOA. The creation of such a structure is quite strictly regulated by law, however, the implementation of this initiative assumes a completely logical scenario. How to organize an HOA in a house? What legislative nuances should you pay attention to? Special attention?

Home control options

Homeowners in apartment buildings must somehow organize joint management of common property, ensure the supply of utilities to the building and its maintenance technical condition. This can be done within three schemes.

Firstly, there is an option to organize direct management of the house by the homeowners. This is possible if it has no more than 16 apartments.

Secondly, you can create a homeowners' association or cooperative.

Thirdly, you can transfer the house to a management company.

Which of these options is better? Why do many citizens wonder how to create an HOA in their home?

The fact is that a homeowners' association is usually more economically feasible. There are no opaque markups on basic utilities. And also, communication between apartment owners contributes to building constructive relationships between neighbors, jointly solving possible difficulties in managing the house, which the management company cannot always competently resolve.

Let's look at some distinctive features Homeowners association for more details.

Peculiarities

If the residents of the house decide to create an HOA, they will be able to take advantage of a number of advantages related to the organization of management of common property and the supply of housing with the necessary types of utilities.

For example, a homeowners association can solve some problems on its own or attract external contractors. If the HOA has entered into an agreement with a service organization, then it has the right to control the quality of the provision of relevant services. The HOA contractor must ensure that its functions are performed so that the result meets the criteria established by the Government of the Russian Federation in relation to utility services.

The HOA is responsible for maintaining the property located in general management, in accordance with the criteria established in technical regulations, and legal acts, approved by the Government of the Russian Federation.

Thus, an HOA is not only an opportunity, but also an additional obligation of owners to their neighbors; it is a responsibility and willingness to study various nuances related to the management of common property and the organization of the use of relevant utilities by residents.

Who can create an HOA?

A homeowners' association can be organized for the purpose of joint management communal households, residents of one or more apartment buildings located on one or bordering land plots. Also, several buildings built nearby can be united in an HOA, even if each has the same owner. Homeowners' associations can be formed by summer residents, and the structure of the partnership may include personal plots, garages and other objects related to the residential infrastructure.

How to organize an HOA? Let's look at several stages of implementing this initiative.

Informing residents

The first stage involves organizing a general meeting of owners. However, it is preceded by a collection necessary information about the residents of a house or group of buildings. The relevant information can be requested from the territorial office of the Federal Registration Service. You may also need information about the rooms that are represented in the structure of the house. It should be requested from the BTI.

Next, you should create an initiative group of owners responsible for holding a general meeting of residents. As a rule, these same people are responsible for how to organize an HOA and at all subsequent stages of creating a partnership. Therefore, the appropriate team should be formed from citizens who have enough time to engage in this socially useful activity.

The best way to convey information

The initiative group of owners must subsequently send written notices to other residents that a general meeting is coming. This document must indicate where the event will be held, who is responsible for organizing it, and who you can contact to ask any questions. The contents of the meeting agenda must also be included in the notice. Important nuance: if there is, for example, a store in the house, then the document must also be sent there.

It is advisable to send the notifications in question by registered mail. You can, of course, hand them over to the residents personally, but you should take a receipt from them for receipt of the document. Notifications must be sent out 10 days before the general meeting. Members of the initiative group must retain documents confirming that residents are familiar with the information.

The next important stage in deciding how to quickly and cost-effectively organize an HOA involves actually holding a general meeting. Let's consider the relevant nuances.

General meeting

The main decision-making tool at the general meeting of owners is voting. Therefore, people who are responsible for how to organize an HOA should prepare special forms to express the will of the residents. The structure of these documents is very simple - these should be tables with your full name, as well as columns “For”, “Against” and “Abstain”.

At the beginning of the meeting, its chairman must be elected - by a majority vote of the owners who came. You also need to choose a secretary who will keep minutes of the residents’ meeting. It is important that more than two-thirds of the residents of the building who have the right to vote are present at the event. This required condition how to properly organize an HOA. What will be decided at the meeting is mandatory for all residents, even those who did not come to the event. If it was not possible to gather two-thirds of the owners, the initiative group will have to repeat the work of organizing the meeting. It is possible that they will have to include a campaign component in their activities.

During the general meeting, residents decide that a partnership will be formed, they approve the charter of the HOA, elect members of its board, and also appoint an audit commission.

Drawing up minutes of the meeting

After the HOA meeting has been successfully held, it is necessary to record its results in the minutes. This document is the most important from a legal point of view when deciding how to organize an HOA in a house. The protocol must be prepared by the initiative group and comply with the provisions of the Housing Code of the Russian Federation.

The document in question must contain information about the initiator of the meeting, the issues that were discussed, and the voting. The most important point of the protocol is information about how many people came to the meeting, as well as the correlation of the area of ​​their apartments with the general indicator of the entire building.

Within 10 days after the meeting, residents must be familiarized with the minutes. You can make several photocopies of it and hang it on entrances or special information stands, place it in mailboxes, and if possible, hand over copies to residents personally.

The charter is the key document of the HOA. Let's consider the features of its composition.

Approval of the charter

Approval of the charter is the most important condition for resolving the issue of how to organize an HOA in a legal manner.

The structure of the document should contain points covering:

• general provisions;
• wording reflecting the goals and activities of the HOA;
• legal status of the HOA;
• ownership of premises in the house;
• funds, property of the HOA;
• economic activities of the HOA;
• membership features;
• rights and obligations of the HOA and its members;
• HOA governing bodies;
• nuances of holding a general meeting of the partnership;
• provisions on the reorganization and liquidation of the HOA.

The bylaw can only be approved if more than two-thirds of the homeowners vote in favor.

HOA registration

The next step in deciding how to organize a homeowners' association is the actual registration of the HOA. The agency that is responsible for this procedure is the Federal Tax Service.

To register an HOA, you need to pay a state fee, fill out an application (its form will be issued by the Federal Tax Service), have this document certified by a notary, take 2 copies of the charter, 3 notarized copies of the minutes of the meeting and take all this to the territorial office of the Federal Tax Service in the city. After the department registers in the prescribed manner HOAs and members of the board of directors need to open a bank account. After this you can start working.

Formalities upon completion of registration

Let's consider some of the nuances characteristic of the final stages of creating an HOA. We have studied how to organize a partnership in terms of a general meeting and approval of the charter. But the board needs to take a number of other actions required by law. So, for example, if before the creation of the HOA the house was owned by a management company, then it is necessary to notify it in the prescribed manner that the owners decided to take care of the maintenance of the housing themselves and created a partnership.

The transfer of the house to the management of the HOA is carried out with the participation of a special commission. It consists of representatives municipal authorities authorities, as well as the management bodies of the created partnership. During this stage of legal relations, the house is recorded on the balance sheet of the HOA in accordance with the transfer and acceptance certificate.

We looked at how to organize an HOA and how a house is accepted from the management company. What are other important actions of the management bodies of the partnership after receiving all the necessary powers? For example, soon after successful registration of the HOA and related procedures related to the acceptance of the house, it will be necessary to conclude agreements with service companies for the provision of utility services. Another important component of the work is organizing a system for calculating payments for house maintenance.

We learned how to create an HOA. The step-by-step instructions compiled by us touch on the key points of this procedure. It can be noted that the housing legislation of the Russian Federation is adjusted quite often. Therefore, initiators of collective management of a house should periodically monitor relevant changes in legal acts in order to HOA work was completely legal.

Organization of HOA: legislative nuances

Let's look at some of the legal nuances of creating an HOA. How to organize a partnership in full compliance with the law is a question that is relevant at every stage of the implementation of the corresponding initiative of homeowners. What should the initiators of creating an HOA pay special attention to in terms of ensuring that their activities comply with the requirements of the law?

For example, if there is a question about how to organize a homeowners association in a new building, then the first thing you should pay attention to is that the house must be put into operation by the time work on creating the partnership occurs.

Another important aspect is that the minutes drawn up based on the results of the general meeting must be signed by everyone who voted for it. If this criterion is not met, the Federal Tax Service will refuse to register the partnership.

If an HOA is created by the owners of private houses or summer cottages, then the corresponding decision must be made by everyone who owns the relevant real estate. In turn, if we are talking about electing the chairman of the HOA board, then it is permissible for at least two-thirds of the owners to vote.

Home management to HOA

Among the legal categories that are quite new for the legislation of the Russian Federation, related to the organization of management of common property, is the council of an apartment building. This public structure is intended to replace the HOA or management company due to their temporary absence. An apartment building council must be created if there are more than 4 apartments in the building. Just as in the case of HOAs, it is assumed that the chairman of this body will be elected. He must be one of the owners of the apartments included in the structure of the apartment building. If the residents do not create an apartment building council, then the municipal authorities themselves will have to initiate a general meeting of apartment owners.

A homeowners' association is an organization of owners of an apartment building, the purpose of which is the joint management of the complex of apartment building property and its comfortable operation, as well as the settlement of issues of ownership and use of real estate, according to established standards. The partnership makes it possible for the residents themselves to control the intended use of their money.

The governing bodies of the HOA - the board, the chairman and the audit commission - are elected at a general meeting and are not appointed by higher authorities. Responsible for resolving issues related to home maintenance costs. The residents' association controls the common money, preventing theft. Today, HOAs are the only opportunity to put the work of housing and communal services () under the real control of homeowners.

Creation of a HOA

The creation of an HOA takes place in stages, the first step is a meeting of the owners of an apartment building on the issue of organizing an HOA. If the proposal is supported by the majority of homeowners, a partnership is formed. An important point in voting is the principle of proportionality: the larger the area of ​​the apartment, the more votes the owner casts for the establishment of a partnership. After a successful vote, here, at the general meeting of owners, the charter of the HOA is adopted, because the partnership is a legal entity, which means it is subject to mandatory registration. It is also necessary to make a seal of this organization and open a bank account.

Homeowners' associations can be created not only by owners of apartment buildings and their associations - the creation of an HOA is also possible in a cottage community for several country or residential buildings, if they are united land with a common border, as well as engineering and technical infrastructure designed to support more than one object. The decision to create non-profit organization accepted by agreement of all owners of the cottage village. At the general meeting, voting by a majority of 2/3 votes, the charter is adopted, the board and chairman are elected, as well as representatives with the authority of the applicant to apply for registration of a legal entity to the relevant authorities.

According to existing laws, owners of apartment buildings can create one non-profit organization to manage housing and communal services. In parallel, it is allowed to create a HOA in several apartment buildings, which will include the owners of neighboring apartment buildings. Owners of residential premises may or may not join an HOA, but the number of members of the partnership must exceed 50% of all votes cast in support of the establishment of a non-profit organization.

The creation of an HOA is also possible in a new building - the developer creates an association before registering ownership of the living space. After shareholders have ownership rights to the living space, they, as owners, can change the charter of the HOA and hold re-elections of the board.

Step-by-step instructions for creating an HOA

Having outlined the main points for creating an HOA, prescribed in Housing Code RF, you can move on to a detailed plan for the development and organization of an HOA.

In creation, because this is far from the most ideal form for managing MKD. In any multi-storey building there live many people with their own interests and it is not always possible to bring them to a common denominator. Take, for example, landscaping the yard: pensioners need gazebo benches, teenagers need a sports corner, parents of children need a playground, car enthusiasts need parking. There is a conflict of interest in reality, but it is the democratic principles of the HOA that help find compromises. And what disadvantages do representatives of management companies like to highlight?

1. They steal in HOAs just like in housing and communal services. Of course, there are dishonest people on the boards of individual HOAs. If fraudsters have seized power in a house, they can use their neighbors’ funds for personal enrichment. But in a management company, such facts are much more common, and the board is elected by the residents themselves, and they have the power to re-elect honest and trusted people. It is much easier to control the work of a partnership with the help of an audit commission than a management company.
2. Homeowners' associations are unprofessionals who are not capable of managing a house as efficiently as utility workers from the management company. Not every home has a professional utility worker who can work in an HOA. But in reality, unprofessional owners perform their duties more conscientiously than management company employees. Yes, the board of an HOA can make mistakes, from which they learn quickly enough, since they work for themselves. In reality, houses managed by HOAs are in better condition than those managed by management companies. As a last resort, for “lazy” HOAs there is always the opportunity to enter into service contracts with one or more contractors.
3. The debts accumulated in the house over all the years will be transferred to the balance sheet of the HOA, and it will simply go bankrupt. HOA – new organization, starting her work from scratch. Therefore, no debts are transferred to it - they belong to the management company that was unable to collect them. On the contrary, money collected by residents for major repairs should be transferred to the HOA accounts. So the organization will begin its work with a positive balance.
4. It will be difficult for the HOA to “knock out” debts from willful defaulters. Debtors are an eternal problem in any home. But in practice, it is HOAs that solve this problem best. Firstly, moral pressure comes into play: it’s one thing not to pay some abstract UP - a long-time enemy and ill-wisher, and another thing to rob your neighbors, whom you meet every day on the staircase and they know who lives at their expense.
5. HOAs should only be created in large new buildings. A small house will not be able to support a chairman, an accountant and all the necessary staff - janitors and technicians, mechanics and plumbers. There is a solution: several houses can merge into one HOA. The law does not prohibit the creation of HOAs in several apartment buildings. There are known cases when residents of an entire block built up with houses of the same type united into a partnership. In fact: houses of the same type have identical problems and identical methods for solving them. It is quite reasonable to solve them together, because such a procedure requires the same amount of time and effort as in a large apartment building.

We often hear that an HOA is a complex and expensive project. Of course, once the residents of the house have to try to comply with all the formalities for creating a non-profit organization. But then the life of MKD owners will become better and more comfortable. Certain expenses cannot be avoided, but these expenses will be noticeably lower than the current costs of maintaining a management company. And HOA members will pay only for the services they actually receive, and not for those imposed by the management company.