Residents want to know how their home is managed and contact the HOA with requests to provide documents to familiarize themselves with the information they need. But partnerships do not always agree and do so in vain. Read what information the HOA is required to provide to the owner of the premises in the apartment building upon his request.

Why do owners have the right to get acquainted with HOA documents?

Owners of premises in apartment buildings and members of the partnership contact the HOA with a request to provide information about what work on the house has been carried out and what is planned, and how their funds are spent. HOAs do not always provide the necessary documents in response to written requests from residents.

Sometimes they motivate this by the fact that the partnership should provide information only to its members. This is the wrong position. Both members of the HOA and other owners of premises in the apartment building have the right to get acquainted with the documents. The list of such documents is specified in Art. 143.1 Housing Code of the Russian Federation:

• charter of the partnership;
• certificate of state registration of the partnership;
• register of partnership members;
• accounting statements of the partnership: estimates of income and expenses, reports on their execution and audit reports, if any;
• conclusions of the audit commission of the partnership;
• documents confirming the partnership’s rights to property reflected on its balance sheet;
• minutes of general meetings of members of the partnership, meetings of the board and the audit commission;
• documents confirming the results general meeting members of the partnership: voting ballots, voting proxies or copies thereof;
• decisions of owners of premises in apartment buildings, confirming the results of general meetings of owners;
• technical documentation for an apartment building;
• other documents related to the management of apartment buildings;
• internal documents provided for by the Housing Code of the Russian Federation, the charter of the partnership and decisions of the general meeting of members of the partnership.

What happens if the HOA does not provide documents upon request

If the partnership refuses to provide documents, the owner of the premises in the apartment building has the right to appeal to the court or the prosecutor's office.

If the prosecutor's office reveals violations, it can initiate a case of an administrative offense under Art. 5.39 of the Code of Administrative Offenses of the Russian Federation for refusal to provide information. The official, the chairman of the board of the HOA, will receive a fine in the amount of 5,000 to 10,000 rubles.

Residents also have the right to go to court immediately, bypassing the prosecutor’s office. Courts make different decisions depending on the case materials. Let's look at a few of these cases.

Negative judicial practice for HOAs

The owner of one of the residential premises contacted the HOA with a written statement, in which he asked for clarification of the reasons for the arrears in payment. utilities and unsatisfactory provision of housing and communal services. The HOA did not respond to the owner.

The owner of the premises contacted the prosecutor's office, which opened a case of an administrative offense under Art. 5.39 of the Code of Administrative Offenses of the Russian Federation and referred the case to court. The court agreed with the position of the prosecutor and in its decision indicated that the chairman of the HOA violated:

• provisions of Art. 138 Housing Code of the Russian Federation;
• requirements of the Decree of the Government of the Russian Federation dated September 23, 2010 No. 731.

The court concluded that the lack of information on the website violates the legislation on the disclosure of information by organizations engaged in managing apartment buildings. There were no signs of unlawful refusal to provide information. Therefore, the court decided not to involve chairman of the HOA to liability under Art. 5.39 Code of Administrative Offenses of the Russian Federation.

Also, the court explained that in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, the owner may be refused consideration of the case if he does not provide sufficient evidence of his appeal to the HOA with a request to familiarize himself with the documents.

Disputes over the right to make copies of documents

IN Krasnodar region The owner of the premises in the apartment building filed a lawsuit against the HOA. She learned about the holding of an absentee meeting of the HOA members, at which members of the association’s board were re-elected. The owner didn't like it decision, and she made a written request to the chairman of the partnership to familiarize herself with the results of the meeting and make copies of such materials, but the HOA refused her.

The court decided that the chairman is obliged to provide the owners of premises in the apartment building with documents for review for at least three consecutive hours during the working day without the presence of other citizens. At the same time, it is allowed to make extracts from documents, but not to make photocopies.

The chairman of the board of the HOA did not agree with the court's decision and asked that the owner familiarize himself with the documents in the presence of the chairman and members of the board of the partnership. The owner of the premises was also dissatisfied with the result of the process and asked to be allowed to make copies and to lift the restriction on the time of review.

conclusions

1. Both members of the HOA and owners of premises in the apartment building who are not members of the partnership can familiarize themselves with the documents.
2. The HOA is obliged to provide upon request the documents listed in Art. 143.1 Housing Code of the Russian Federation.
3. Refusal to provide information is subject to liability under Art. 5.39 Code of Administrative Offenses of the Russian Federation.
4. We advise you to familiarize yourself with the existing judicial practice, especially in providing copies of the requested documents. Sometimes courts make conflicting decisions.

Reading time: 7 minutes

One of the forms of managing the common property of an apartment building is the creation of a homeowners' association. The rights and obligations of HOAs differ from the powers of housing, housing-construction cooperatives, and especially management organizations. Purpose of the HOA as a non-profit association - providing comfortable living conditions in the residential buildings entrusted to it. To implement these tasks, legislation has vested the governing bodies of HOAs with certain powers, which are worth considering in more detail.

Homeowners association functions

The procedure and conditions for the activities of HOAs are regulated by the Housing Code of the Russian Federation. In accordance with Art. 135 ZhK, HOA is a non-profit association of owners of residential premises in apartment building or several nearby apartment buildings. The purpose of creating an HOA is to jointly and increase the volume of common property of apartment buildings, provide utilities and other purposes approved by the charter.

HOA is a Russian version of the Western form of condominium.

The partnership is a legal entity and is therefore subject to state registration. It is created for an indefinite period. Its members must include more than 50% of the number of owners of residential premises in the apartment building.

It is worth mentioning what is the difference between HOA and. In the first case, apartment owners can make independent decisions regarding the maintenance and repair of property and control how funds are spent.

Financing of the partnership's activities is carried out at the expense of its members, in proportion to the share in the common property of the multi-storey building.

How is a partnership created?

Decision on creation of a homeowners association accepts the general meeting of apartment owners. The main condition is that citizens who collectively own more than 50% of the total property must vote “for”. They sign the minutes of the meeting and approve the charter of the partnership.

To fully carry out the activities of the HOA as a legal entity, it goes through state registration, and only after that can manage the property of the apartment building.

Owners of residential premises, including those who became owners after the creation of the partnership, have the right to join it upon application.

In addition, in case of detection of violations of the rules of maintenance and repair, as well as standards for providing the population with public utilities, the chairman of the board as an official may be held administratively liable under Art. 7.22 and 7.23 Code of Administrative Offences.

Activities of the board and HOA

The chairman of the board of a homeowners association acts on behalf of the HOA without any powers of attorney. Together with the board, they are the executive body of the partnership, therefore they are entrusted with all administrative and administrative functions.

The board that manages the HOA is a collegial body, therefore its decisions cannot be made individually by one of the members, including the chairman. To do this, you need to secure more than 50% of the votes.

The functions of the chairman of the HOA, as well as its board, are to ensure normal life and successful implementation goals and objectives for which the association was created. Within these functions they:

• convene and hold general meetings;
• interact with contractors, management companies, service organizations, and residents;
• attract borrowed funds to achieve the set goals;
• report to the members meeting and so on.

One of the most important functions of the board is the work of the HOA chairman with the management company. If the partnership does not have sufficient material and technical resources, it engages management organizations and companies for the purpose of managing, maintaining and servicing apartment buildings. Such management companies are responsible to the board for the work done, and the governing body itself is responsible to the members of the HOA.

An equally important part of the board’s work is interaction with residents of the buildings it serves.

Issuance of certificates

The direct responsibilities of the partnership include:

• issuing certificates of family composition;
• providing opinions and technical documentation on the MKD;
• registration of apartment extracts;
• drawing up acts, for example, about flooding, about technical condition designs.

If representatives of the HOA refuse to process documents due to debt, this can be qualified as a direct violation of the rights of residents. In such cases, it is recommended to submit complaints to the board or general meeting.

Penetration into residential premises

Representatives of the HOA have access only to common areas, including technical premises in the apartment building. The employees of the partnership do not have the right to enter the apartment, much less demand access from the residents.

The exception is the presence of a court decision on the collection of large debts and the presence of representatives of the FSSP executing this order. Any other grounds do not give the right to access to the apartment.

Penalties

If residents are in arrears in paying for utility services, the HOA has the right to charge a penalty. This does not even have to be stated in the charter or agreement with the HOA.

According to paragraph 14 of Art. 155 of the Housing Code, the right to accrue penalties arises on the next day of delay. One month after the day on which payment should have been made, the amount of the penalty is determined for each overdue day:

• 31-90 days – 1/300 of the Central Bank refinancing rate;
• more than 90 days – 1/130 of the Central Bank refinancing rate.

Collection of penalties and debts is carried out in court.

Acceptance of new members to the HOA

In accordance with Art. 143 of the Housing Code, to accept a new member into the partnership, his application to join the HOA is sufficient - there is no need to sign a separate agreement.

If at the time of acquiring ownership of an apartment in the building there is an HOA, the home buyer becomes a member of the association only after submitting an application. Automatic entry into a partnership is not provided, even if former owners housing were its members.

To collect information about members of the HOA, a special register is maintained.

Working with debtors

Many residents doubt whether the chairman of the HOA has the right to post lists of debtors. Public shaming is very effective method pre-trial struggle with debtors. In addition, control over the timely payment of utilities by residents is the direct responsibility of the board of the association (clause 2 of article 148 of the Housing Code). But the question of the legality of such actions has two sides:

• if the lists contain personal data of residents, for example, last name and first name, this is a violation of the provisions of Federal Law No. 152 of July 27, 2006 “On Personal Data”;
• if the debtors in the lists are anonymized, for example, only apartment numbers and debt amounts are indicated, and without additional sources it is impossible to determine the identities of the defaulters, the publication of this information is not considered a violation of the law.

Salary of the chairman of the HOA

In the context of dissatisfaction with the work of the chairman, residents are often interested in whether the chairman of the HOA has the right to receive a salary in 2020. From a legal point of view, the chairman is not employee HOA - he manages the management body of the partnership, because employment contract there is no agreement with him. Therefore, he cannot claim a salary. At the same time, some form of financial compensation may be awarded for his work, considered from the point of view of the law as remuneration.

The answer to the question of who approves the amount of payment to the chairman of the HOA can be found in paragraphs. 1 clause 1 art. 145 LCD. In accordance with this document, determining the amount of remuneration for board members falls within the competence of the general meeting of HOA members. Typically, such information is included in the Articles of Association of the partnership.

Based on the information entered, a calculation is made. Typically, the amount of remuneration is tied to the volume of work performed as a proportion of its cost.

The law does not establish how to verify the legality of the salary calculation for the chairman of the HOA. This can be done by the audit commission by checking the financial statements of the partnership and comparing them with the work implemented in practice.

Conclusion

An HOA is a form of association of owners of residential premises in an apartment building for the management of common property. The HOA is a non-profit organization, therefore its main goal is not to generate income, but to create comfortable living conditions in the houses under its management.

The law determines the list of rights and obligations of the partnership, its board and chairman. In case of abuse of power and embezzlement of HOA funds, officials are brought to administrative and even criminal liability.

Lawyer. Member of the Bar Association of St. Petersburg. More than 10 years of experience. Graduated from St. Petersburg State University. I specialize in civil, family, housing, and land law.

Everyone who is a member of the partnership can receive all information regarding the management of the house.

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Any data on payments and invoices must be transparent and in the public domain for each member of the homeowners’ association.

If the HOA board refuses to provide data, then the residents have the right to convene a meeting and.

It is worth remembering that an HOA is a voluntarily created non-profit organization for the management of residential buildings by homeowners.

What does membership provide?

Membership in the HOA makes it possible to receive all data on economic and financial activities.

According to Article 143, Part 3 of the Housing Code of the Russian Federation, you can familiarize yourself with the following documentation:

• register;
• financial statements, various estimates for the year and reports on their implementation, auditors' conclusions (during audits);
• results;
• documents that confirm the rights to dispose of property;
• various minutes of meetings and voting;
• technical plan documentation;
• various internal documents of the partnership and decisions of the general meeting.

In addition, membership in the HOA allows you to make a choice about how to organize repair work, including capital ones.

Membership in the HOA is an opportunity to control all processes of organizing economic and financial activities.

In addition, all citizens who have entered into a partnership can take an active part in managing the house. If you choose the Criminal Code, then there is no such option.

Legal status and status

Only apartment owners can become members of the association. Citizens who have purchased real estate can also join the HOA as soon as they receive ownership.

To exit, you need to make a written statement.

If the owner sells the apartment or is deprived of ownership rights for other reasons, he automatically leaves the partnership.

Each partnership has its own board and. The choice is made by voting among the HOA participants.

Only homeowners can be the chairman and members of the board. In addition to the “management team,” an audit commission must be created.

Members of the partnership choose those who will be included in it. The commission is obliged to audit financial and economic activities at least once a year and subsequently provide reports.

Rights of HOA members

Members of a homeowners association have the right to:

• disposal of one's own property without the consent of anyone;
• actively participate in the work of the partnership by attending meetings, voting, and making various proposals;
• express an opinion regarding the activities of the partnership, repair work, etc.;
• use public property;
• express a desire to be a member of the audit commission and chairmanship.

Board of the organization

The board of the homeowners association is obliged to provide various reports, estimates and other financial and economic documentation in a timely manner and upon request.

Also, the board does not have the right to make decisions on general issues without holding a meeting of owners, otherwise members of the HOA may demand that the board be replaced.

The board of the association must promptly inform residents about the implementation of various works. And also, together with them, establish the amount of monthly fees.

Other residents

It should be borne in mind that joining a partnership is voluntary. Some residents may opt out of their HOA membership. But, at the same time, apartment owners are also vested with rights in accordance with Article 143.1 of the Housing Code of the Russian Federation.

According to the data, any resident has the right to receive information about the accounting and financial activities of the board. This is due to the fact that each resident pays all bills and fees.

Not only members of the HOA, but also any other apartment owners can make demands for repairs and maintenance of common property.

Also, citizens who are not members of the HOA can familiarize themselves with any technical and reporting documentation.

According to the HOA, only the owner can be a participant.

The only way out of this situation would be to enter into ownership rights through equity or by donation.

Responsibilities

A member of the HOA is obliged to:

1. Use various common areas without infringing on the rights of other residents.
2. Treat plots of land and the housing stock itself with care.
3. Comply with all sanitary and epidemiological requirements.
4. Carry out repairs to residential premises at least once every 5 years.
5. Use elevators for their intended purpose.
6. Walk dogs in designated areas.
7. Pay fees as agreed.
8. Maintain cleanliness and neatness in entrances, elevators and local area.

Video about the responsibilities of homeowners association members

Where are they registered? rights and obligations of the HOA, and most importantly: what are they? In 1996, a law was published that regulated the work of HOAs. It discussed many provisions that related to areas of common property management.

It operated for a long time, until 2005. After the Housing Code was created in 2004, this law was repealed.

Attention! The new code became the basis around which a new industry began to take shape. We are talking about Housing Law.

The LC included almost all the provisions of the old law. But the rules that relate to the activities of the partnership can also be found in other codes.

Here HOA is considered as entity , non-profit organization.

In the Housing Code, Section 6 is devoted to the activities of the partnership. He's the one regulates the process of creating an organization, as well as her work.
It is also said here about legal status participants of the partnership.

In the document contains information about the liquidation procedure, if the need arises.

You can read more about creating a partnership in Chapter 13. The registration procedure is described here; what is listed is What rights do property owners have?.

In addition, the chapter specifies the responsibilities imposed on members of the HOA. The moment of reorganization is described. Listed are the cases in which it may be HOA merger completed.

Personal liability of an official is possible if his work caused losses for the organization.
If he hid information about the activities of the association, as a result of which damage was caused.

Defaulters are liable if due to accumulated debt Homeowners association cannot pay for utilities. This moment is regulated by GK.

Conclusion

The activities of the partnership are regulated by law. This is the Housing Code, as well as the Criminal Code, the Administrative Code and the Civil Code. The chairman of the association is responsible and board members.

The HOA is authorized to carry out house management activities, that is, to carry out what it previously did Management Company represented by a housing department or a commercial organization.

In accordance with Article 137 of the Housing Code, The HOA has the right to take the following actions:

Full the list of powers of the HOA must be listed in the Charter of the organization. For example, the Charter may allow reconstruction and re-equipment of existing premises, transformation of the local area, parking equipment, etc.

Note! The rights of the organization listed in the Charter should not contradict the Housing Code, but can only supplement and expand its provisions as applicable to a specific situation.

The HOA board can exercise most of its rights independently, for example, calculating rent and distributing funds to bank accounts - this is the so-called routine work.

The audit commission monitors the legality of all actions of the HOA., consisting of 3-4 people who are not HOA employees and board members.

To carry out major changes, for example, in the structure of the HOA when changing the ratio of funds distributed among various funds, when re-equipping buildings, the board is obliged to convene a general meeting of residents and put the issue to a vote. Only with a majority of votes in favor does the partnership receive the right to carry out the declared activities.

Interaction with owners

Often, when exercising the rights of an HOA, residents and board members have questions regarding the most problematic and controversial topics, including the relationship between the board and other owners.

Issuance of certificates

Sometimes tenants are faced with the fact that the board refuses to issue them certificates (about family composition or an extended extract from the apartment map) on the grounds that the owners owe rent. Does the HOA have the right not to issue certificates if there is a debt?

This is not a legal practice, which is often used by HOAs or management companies so that residents cover at least part of the debt. Issuing certificates is not a right, but an obligation of the HOA to its residents. This means that they are obliged to issue the necessary paperwork, even if the tenant has never paid his utility debt during the entire stay.

Breaking into an apartment

Another problematic question is whether the board or the chairman of the HOA has the right to inspect the apartment? The Constitution of the Russian Federation enshrines the right of citizens to the inviolability of housing.

Reference! Without the permission of the owner of the premises, no one can enter his premises, even if there is an emergency in the apartment.

There is only two cases when HOA employees can enter an apartment without permission:

1. If there is a warrant.
2. In the event of a threat of a terrorist attack or the occurrence of a natural or man-made disaster.

Thus, the board’s requirements for inspection of the premises under any pretext are taking meter readings, checking meters, measuring pressure in pipes, checking the temperature of the room, etc. - illegal.

A tenant can voluntarily let members of the board in, but if he is forbidden to enter, then nothing can be done about him.

Accrual of penalties

The HOA has the right to charge penalties for non-payment only if this is stated in the Charter, adopted at the general meeting of residents. The accrual of penalties is a coercive measure designed to force the debtor to quickly pay the full payment for housing.

The procedure for imposing a fine does not come out of nowhere. It must be spelled out in the Charter. There are also special provisions of the Tax Code of the Russian Federation that determine the upper limits of penalties.

Attention! The amount of the penalty cannot exceed 1/30 of the current refinancing rate for each day of delay.

Signing the contract

Sometimes residents are outraged that the HOA forces them to sign service agreements.

In accordance with Article 137 of the Housing Code of the Russian Federation, HOAs have the right to enter into agreements with owners on utility services and the procedure for calculating payments.

In this case, the board has the opportunity, on behalf of the residents, to enter into various transactions with utility providers and fulfill its responsibility for maintaining the house. But The HOA has no right to force or coerce a tenant to sign an agreement, everything must happen according to the good will of the parties.

If there is no HOA agreement with the owner, then the residents will simply have to go to the representative office of the operating company on their own and conclude the necessary agreements.

Disclosure of information about debtors

Lists of debtors, which the boards of the HOA sometimes post for public viewing in the entrances, often become a real stumbling block between the partnership and the residents. The outrages recorded in the “shameful” sheet are quite legitimate.

In accordance with the Personal Data Protection Law, disclosure of such information is expressly prohibited. Without written permission, The HOA board does not have the right to publish any information about debtors, including these:

• last name, first name and patronymic of the tenant;
• any passport data;
• residential address;
• amount of debt.

The board has the right to compile such lists for itself. Moreover. they are needed to identify debtors and conduct conversations with them, and in case of prolonged delays in payments, to go to court and seek to disconnect the apartment from the system of communal services of the house.

Such lists should be kept in a safe in indoors board and are not subject to public disclosure. Debtors who see their name have every right to go to court and receive monetary compensation from the board.

The maximum that the HOA can do is publish an announcement with approximately the following content: “There are 5 debtors living in our house. We ask them to pay utility debts in the total amount of 10,000 rubles by January 31 of the current year. Otherwise, we will be forced to go to court to forcefully collect the debt.”

Responsibilities

In -149 of the Housing Code of the Russian Federation there is a list of responsibilities of the board and chairman of the HOA. In most cases, to fulfill these duties, the board of the partnership is vested with its own rights.

It is worth highlighting responsibilities of the HOA to the residents of the house:

• compliance with the law and requirements of the Charter;
• monitoring the fulfillment by residents of their responsibilities for maintaining the facility;
• direct management of the house or control of the management company;
• concluding agreements with contractors and subcontractors supplying utility services;
• concluding contracts for the maintenance and repair of buildings;
• maintaining a list of residents - members of the partnership;
• conducting accounting, drawing up estimates of expenses and income, calculating rent;
• maintaining records, issuing certificates to HOA members;
• holding a general meeting of residents;
• control over the activities of the HOA chairman.

The Chairman has the following obligations:

• give orders to all officials HOA persons, hire and fire staff;
• act on behalf of the partnership within the framework of its powers without prior notification of the general meeting;
• submit for decision to the general meeting any documents developed by it.

Responsibility

Neither in Housing, nor in Civil Code It is not specified what exact responsibility the members of the partnership bear for their actions (or inaction), as well as the chairman and members of the board. But this does not mean that the activities of the HOA are not controlled in any way and violators cannot be held accountable.

Note! As a rule, specific punishments for certain offenses are prescribed in the Charter of the partnership, or it contains the note “in accordance with current legislation.”

General civil liability arises for the following offenses:

Reference! All members of the HOA, including the chairman and representatives of the board, bear financial liability for your actions. The amount of damage is determined using a special act, in the preparation of which, if necessary, a professional appraiser is involved.

If an emergency occurs in an apartment, resulting in material damage not only to the owner, but also to neighbors, the responsibility of the residents and the association is differentiated, depending on what caused the accident.

For example, if an apartment flooded due to a break in a pipe belonging to common property, the HOA will be responsible for losses, since, according to the Rules for the maintenance of common property, all plumbing belonging to this category must be systematically checked.

If the flood of the apartment and neighbors occurred due to broken pipes that are not related to the common property (for example, a faucet burst in the kitchen), the HOA will not bear any responsibility for the flood.

In addition, liability in specific situations involving wrongdoing may be described in the Articles of Association of the partnership. For example, if fraud is discovered, the chairman will be required to pay a fine to the HOA.

Activities of the board

The HOA board is directly involved in the activities of the partnership and its powers are regulated in Article 147 of the Housing Code. What exactly is within the competence of the general meeting and what is within the competence of the board (that is, what the chairman and his deputies can do without prior notification of residents) must also be clearly stated in the Charter.

Usually, The HOA board has the following powers:

If this is stated in the Charter, The HOA board may be vested with additional powers:

1. Arrangement of the local area.
2. Self-service at home
3. Collection rent from tenants of residential and commercial premises.
4. Disposal of common property, for example, an elevator, basement, common meters.

Thus, the rights and obligations of HOAs, according to the Housing Code, are determined by their functions. The main task is to keep the house and its property in perfect order. To carry it out, the partnership can collect funds from residents (rent), enter into agreements with service organizations, hire employees to independently maintain the building, etc.

A complete list of actions within the competence of the HOA must be listed in the organization’s Charter.

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