You can hear statements from residents like “I don’t want to be in the HOA!” Is it possible to refuse housing association services? Yes, the procedure for the refusal of owners of premises in apartment buildings from membership in the HOA is regulated by paragraph 3, Article 143 of the Housing Code of the Russian Federation.

According to this document membership in the organization is terminated upon personal application of the owner or from the moment of termination of ownership of the premises in the apartment building.

The law does not provide for the possibility of establishing a different procedure for terminating membership by including a corresponding clause in the Charter of the partnership. The owner has the right to join and leave the partnership freely at any time, and the board has no legal grounds to assist him in carrying out these actions.

Article 143. Membership in a homeowners’ association

Membership in a homeowners' association is terminated from the moment of filing an application to leave the partnership or from the moment of termination of the ownership right of a member of the partnership to premises in an apartment building.

What are the consequences of refusing the organization's services?

Leaving the association terminates the responsibilities associated with the resident's membership in the organization. In particular, the obligation to pay membership fees and the right to participate in the general meeting and participate in decision-making are terminated.

All rights and obligations relating to the property remain after this action. For a former member of the partnership the right remains to receive information from the governing body about its activities(minutes of meetings, financial statements, conclusions of the audit commission, etc.).

At the same time, the owner of the premises will no longer be able to influence the decision-making of the general meeting in any way from the moment he leaves the organization. There are no negative consequences of exiting.

For the partnership itself, a single refusal of membership in it only means the absence of membership fees. A massive withdrawal of members from the organization threatens its complete dissolution, since according to the law it is subject to liquidation when less than 50% of the owners of apartment buildings remain in it.

Is it worth doing this?

Termination of membership in a partnership has a positive aspect - exemption from paying membership fees.
Depending on the size of your monthly payment, this can be a significant financial savings.
If the resident of the house is strapped for money, refusing membership is beneficial for him.

However, membership in the HOA gives the owner the opportunity to participate in the management of the apartment building and influence the decisions of meetings on issues of managing common property. Therefore, he will not be able to influence these issues.

The owner of the premises in the apartment building, after leaving the partnership, will need to enter into an individual agreement with the organization, prescribing the terms of interaction and the procedure for paying fees for the supply of housing and communal services.

Documents for the procedure

To terminate membership in the organization, you must prepare the following documents:

• statement;
• documents for the property (Certificate of ownership, technical documentation);
• certificate of absence of debt for payment of housing and communal services.

How to write an application correctly?

The application is drawn up in an official business style on an A4 sheet, either by hand or using technical means.
It contains the following points:

1. the name of the partnership and its full address.
2. Information about the applicant and the premises he owns.
3. Request to leave the HOA and grounds.

   There are no requirements in the law to justify the reasons for leaving, so the applicant can indicate the reason for leaving at his own request.

4. Date and signature of the applicant.

Sequencing

How to leave the HOA? To leave an organization, in any case, you must contact its board directly. In case of a single exit, the board is responsible for the registration; in case of a mass exit, the administration of local government bodies participates in the procedure.

General process order

To complete the procedure, follow these steps in sequence:

Resignation

Carried out by personal application without convening a general meeting and obtaining the consent of other owners.

REFERENCE! An application can be submitted at any time, and the reasons for withdrawal are not established by law.

Leaving the HOA does not have any impact on the method of receiving housing services and paying for them.
The board has no right to prevent members from leaving the organization.

One owner

One owner will need to formalize an exit from the HOA if the apartment is in shared ownership.
Each shareholder makes the decision to join or leave the organization independently.
The consent of other co-owners of the apartment is not required.

The owner writes a statement on his own behalf and personally submits documents to the HOA in accordance with the above list. The remaining owners of shares of this premises remain members of the HOA at their request. The exit of one co-owner does not affect their membership in the organization.
As an option, The application can be sent to the organization's address by registered mail.

One apartment

Exit from the HOA by one apartment is also carried out at the request of its owners.
In this case, the owners of a particular apartment will need to enter into an individual agreement with managers or resource supply organizations for the supply of utilities.

An automatic exit from the HOA of one apartment occurs upon its sale.
The new owner of the premises must apply to join the organization on the basis of a Certificate of Ownership.

Whole house

There are two ways for all apartment owners to leave the HOA:

• upon liquidation of the organization. To do this, the general meeting of owners must decide to choose a different management method for the house. Automatic liquidation also occurs when more than 50% of premises owners leave the organization.
• Through reorganization. This procedure is regulated by Article 140 of the LC. The decision is also made by the general meeting. An HOA can transform into a housing cooperative or a housing construction cooperative. A separate type of reorganization is the division into two bodies of a previously existing HOA, created for two houses. The consent of the owners of another house included in the common HOA is not required (Article 161 of the Housing Code).

Article 140. Reorganization of a homeowners’ association

1. The reorganization of a homeowners' association is carried out on the basis and in the manner established by civil law.
2. By decision of the general meeting of owners of premises in an apartment building, a homeowners' association can be transformed into a housing or housing-construction cooperative.
3. Reorganization of a homeowners' association created in two or more apartment buildings may be carried out in the form of division, subject to compliance with the requirements established by Part 1 of Article 136 of this Code.

   A decision on the division of a partnership may be made at a general meeting of its members by a majority vote of the members of the partnership from the number of votes of the members of the partnership present at its general meeting, subject to the consent to such division of the general meeting of owners of premises in each apartment building, the decision on which was made by a majority vote from the total number of votes of the owners of premises in each apartment building within two years from the date of the general meeting of owners of premises in the apartment building, the owners of the premises in which initiated such division.

4. Reorganization of a homeowners' association created in two or more apartment buildings may be carried out in the form of a separation, subject to compliance with the requirements established by Part 1 of Article 136 of this Code.

   The decision to separate a partnership can be made at a general meeting of owners of premises in an apartment building in which a partnership of homeowners will be created in the process of separation, by a majority vote of the total number of votes of owners of premises in this building.

IMPORTANT! The creation of two organizations in one apartment building is prohibited by law (Article 136 of the Housing Code).

To liquidate or reorganize an HOA, the following actions are taken:

Future intentions

The entire procedure for leaving one member or one apartment is carried out within 7 calendar days. In some cases, deadlines may change.
The procedure does not involve depositing funds, except in cases where the applicant has debts to pay utility bills.

After completing the necessary documents, the applicant is given an official response from the board or administration of the settlement stating that he is no longer a member of the organization. If there are debts, the board will require that they be repaid initially.

After completing the procedure, the resident of the house will need to independently care for the territory adjacent to his apartment and pay utility bills directly to resource-supplying organizations. If an individual agreement has been concluded with managers, payment for housing and communal services can continue as usual.

The process of leaving the HOA does not have any difficulties and only requires its registration in accordance with the laws of the Russian Federation. To carry out the procedure legally, it is worth consulting with specialists in advance.

In Moscow alone, in the summer of 2012, 2 thousand fake HOAs (homeowners' associations) were discovered. How do you know that the management of your home and, accordingly, the lion's share of the rent has not been transferred to new “owners” that you don’t even know about?

How to find out

The easiest way is to go to the website of the Federal Tax Service nalog.ru, in the “Information about legal entities included in the unified state register” section, in the “Name” column, enter your address and the word “HOA”. If you have something like this in your home, you will instantly know about it.

To receive an official response, you will have to make a written request for an extract from the Unified State Register to the tax office at your place of residence. It is better to immediately order a copy of the minutes of the general meeting of the owners of the house at which this HOA was “selected”. It often turns out that “dead souls” and babies voted for new building managers, or the signatures were completely forged.

How to fight

If your HOA was created on the knees by cunning citizens or you are not satisfied with the work of the partnership, the situation can be changed. But for this you will have to unite with other neighbors. At least three people can create an initiative group at home.

– There are two ways: the first is to contact the housing inspectorate at your place of residence with a complaint. The inspectorate is obliged to check the activities of the HOA, as well as the legality and legality of its creation. You can contact the housing inspectorate both collectively - from an initiative group, and individually, - the chairman of the board of the Union of Housing Organizations of Moscow advised readers of Sobesednik Konstantin Krokhin. – Such an inspection takes a month, after which residents must receive a written official response. The HOA receives an order to eliminate the deficiencies. If the partnership ignores the comments of the housing inspector twice, sanctions will follow, in Moscow - up to and including the liquidation of the partnership.

To “reset” a negligent HOA, you need to collect a majority of votes at an in-person or absentee meeting of residents - 50% +1 (counted not by “heads”, but by the size of the living space). At the same time, it is worth thinking about choosing new building managers who will provide the same level of services and will not inflate the amounts in payments.

How to win

– Lately, HOAs have been criticized – everyone has heard the loud story with singer Lolita, which is struggling with its partnership, but for large houses this form of management is one of the most effective, says Krokhin. – The HOA does not pay many taxes, so it has the opportunity to either lower payments or provide more services. And the residents themselves vote at the meeting whether to lower the rate for housing maintenance or use the collected money for additional improvements.

A partnership as a form of building management is most suitable for multi-apartment buildings. In small houses, this risks the fact that the bulk of the space may end up in the same hands; such a monopolist will appoint a HOA that is convenient for itself and will dictate terms to the rest of the residents. Last year, Sobesednik already wrote about the history of one mansion on Novy Arbat, whose residents, after the formation of the HOA, began to receive payments with sky-high figures - 120-130 thousand rubles per month.

“You live in an elite house, it’s not cheap,” the members of such an HOA waved it off.

“If we are not talking about such unique situations as a mansion on Novy Arbat, then the court may well be a solution to the problem when other methods have been exhausted,” believes Krokhin. “But you need to be convinced that you are right and enlist the support of the majority of the residents of the house, since in case of loss, the winning party may well demand compensation from the plaintiff for legal costs - and the amount can be 50 or 100 thousand rubles.

According to the legislative act, such an association is considered to be a non-profit association of owners of living space in one building for the purpose of jointly carrying out financial and economic activities aimed at organizing the full functioning of the residential complex.

Is it possible to refuse HOA services?

The procedure for refusing HOA services

It will not be possible to refuse the services of the partnership on your own, since, as a member of the association, a person is responsible for the common property. This can only be done by common decision of the residents. The owner can only initiate a refusal by submitting an application. Procedure for leaving the HOA determined by the charter act of the association.

Leaving the HOA will look like this:

1. If factors are discovered that do not suit the owner of the apartment, namely excessively high payments for utilities or non-compliance with the terms of the agreement with the HOA, the owner has the right to appeal to the management of the association with a complaint.
2. In the event that the board has not taken any action to deal with the current situation, the apartment owner has the right to write a letter of resignation from the HOA.
3. After this, a general meeting of apartment owners is convened and the owners make a decision on the person’s withdrawal from the association by voting.
4. The decision made is confirmed by the relevant document.
5. Even after leaving the HOA, a person is obliged to pay utility bills, and with any existing claims, go to court and the prosecutor’s office.

Documents for refusing HOA services

In order to refuse to participate in the affairs of the partnership, the owner will be required to present the following documents:

• applicant's passport;
• application in the prescribed form;
• agreement with the HOA;
• documentation confirming ownership.

After the decision to withdraw is made, a corresponding act is drawn up, which is signed by the applicant, the chairman of the HOA and the secretary.

Consequences of refusing HOA services

The most popular questions and answers regarding HOA waivers

Question: Dear experts, please tell me how I can deal with the current situation. The fact is that our government HOA abuses his position and has already repeatedly increased utility payments. I contacted written statement to the chairman, but for a month now I have not received any answer. Having addressed the secretary with a request to study the accounting reports and the procedure for calculating these payments, I also received a refusal. Tell me what actions should I take, and can I formalize the refusal of the HOA unilaterally? Faith.

Answer: Good afternoon, Vera. In your case, there are two possible scenarios. The first is to turn to Chairman of the Audit Commission with a statement of your claims. If this body does not take any action, then you should contact the prosecutor’s office regarding the violation of your rights as a home owner and citizen. Representatives of the department will conduct an inspection, and if fraudulent schemes for the purpose of stealing other people's property are discovered, the HOA will be liquidated, and you will not have to leave it.

According to Art. 136 Housing Code of the Russian Federation, you can write an application to remove you from the membership of the partnership, but in this case you will lose the opportunity to control the activities of the HOA board, but you will not be able to stop paying utility bills. After this, you will still have to go to court and resolve all issues regarding the claims there.

An example of refusing HOA services

Citizen P. was a member of the HOA during a year. After the specified time, an accident occurred in the house - the elevator broke off. P., repeatedly warned the board of the partnership about a possible accident, expressed his complaints to the chairman and threatened to leave the association and go to the police.

In turn, the chairman stated that P. could not do this, because allegedly, according to the law, such actions were impossible.

The citizen appealed to the prosecutor's office to conduct audit of the board's activities partnership, as a result of which the facts arose theft of common property.

After this, the HOA was liquidated, and criminal cases were opened against the chairman and members of the board based on the facts revealed.

Conclusion

As a result, a number of conclusions can be formulated:

1. In law, HOA is a non-profit association that consists of the owners of residential premises of a residential complex and performs functions aimed at maintaining the building in good condition.
2. Only owners of real estate in this building and citizens who have reached the age of majority can become members of the partnership.
3. The organization is led by a board headed by a chairman, who is elected by a majority vote.
4. A person may refuse to participate in the activities of the partnership and demand to leave it, but his application must be supported by a majority vote of the general meeting of residents.
5. The owner has the right to submit application to leave the HOA in case of non-compliance by the board with the terms of the agreement, as well as if there are claims against the activities of the governing body of the partnership.

Also

So, algorithm of actions:

Documentation

These include:

Wherein

Important:

Wherein

If a management agreement with a management company was concluded based on the results of an open competition, then the owners can unilaterally refuse to fulfill this agreement after each subsequent year from the date of its conclusion. However, the decision on unilateral refusal of the management agreement, as well as the decision on choosing the method of managing the house, in this case, must be made by the owners before the expiration of the management agreement (Part 8.1. Article 162 of the Housing Code of the Russian Federation).

Refusal from the management company chosen by the owners

That is, for example, the owners decided to unilaterally refuse the contract with the management company, because they decided to create an HOA, to which management of the house would be transferred, or a decision was made on direct management. In this case, to refuse the services of the management company, there is no need to look for shortcomings in the services it provides; it is enough to decide to refuse the contract and choose a different method of managing the house.

See also publications:

• Cancellation of the contract with the management company. Judicial and arbitration practice
• Change of management company – cancellation of the management agreement. Arbitrage practice

In accordance with the Housing Code of the Russian Federation, apartment owners have the right to choose a management company.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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If residents are dissatisfied with the quality of the services provided, then they can refuse the management organization and.

But in this matter, not everything is so clear. There is a certain order and rules that cannot be broken.

Reasons

To refuse the services of any management company, you do not need any special reasons, just dissatisfaction with the quality of work.

In the case where several residents are dissatisfied with the situation at once, the replacement procedure is not difficult.

Who is eligible?

The procedure for abandoning the management company is regulated.

Only the owner of the apartment can refuse to provide services, that is, if the housing is privatized.

If the apartment is not privatized, then the decision will be made by the municipality - in this case, it is considered the owner of the property. But this does not mean that the tenant does not have the right to vote.

Legislation

Article 162, paragraph 8.1 of the Housing Code of the Russian Federation regulates the procedure for leaving the management company.

According to this regulatory act, homeowners can independently choose a management company and refuse the services of an existing one. There are no fines, this procedure is carried out quite quickly and does not require any costs.

How to refuse a management company?

An important point is that it is necessary to make a decision to refuse the services of the management company until the end of the contract with the organization.

If you are late with this, the contract will be extended for another 1 month and then you will have to wait for the expiration date - that is, the procedure will drag on for at least another year.

First we need to hold a meeting. It is necessary that each of the residents be notified in writing. An initiative group of residents is selected, which sends an application to change the management code and minutes of the meeting.

At the same time, it is not so important where exactly the house goes, it is quite acceptable -. Only after this procedure will the refusal of the Criminal Code be formalized on legal grounds.

Is it possible for one owner (one apartment)

It is possible to refuse the services provided by the management company.

One owner can also refuse unnecessary services.

In this case, you will have to immediately look for a replacement and the process itself is quite lengthy and tedious, since you need to collect some documents.

Go to another

Switching to another management company is quite simple. For this purpose, a meeting should also be organized at which residents will decide whether a change of management system is needed and which one to choose.

A protocol is drawn up for this purpose. The main thing in this matter is to agree and choose the most acceptable option for yourself. In order not to run into scammers, it is recommended to study reviews of the declared management company.

Create an HOA

Can. But there are some difficulties on the way to this, for example, a large number of documents and papers, and they all need to be filled out correctly.

But sometimes the local municipality prepares all the necessary documents on its own; you just need to provide information that relates specifically to the applicant’s home.

In order for an HOA to be created, you need to:

• open a separate personal account;
• to hold a meeting.

A decision will then be made based on the results. It is important that as many people as possible vote for the creation of a homeowners' association.

Step-by-step instruction

Is it possible to refuse to manage a company?

Yes, for this you need:

• gather residents;
• vote;
• if the decision is made by a large number of people, then it will be necessary to refuse the services provided.

General meeting of residents

If one of the owners is extremely dissatisfied, then he should act as an initiator in this matter.

It is necessary to gather residents and, based on the results, a decision will be made on which company should be chosen.

In the case where the building has social rented apartments, a representative of the administration should be invited.

We must try as hard as possible to make the official believe that the initiator is right. Upon signal, an inspection will be carried out. It should be noted that based on the results of the work, certain acts are drawn up.

It is also important to determine which apartments are privatized and which are not. For this purpose, a survey is conducted. This information can also be obtained from the local municipality.

Then you need to get together and discuss the problem. At the general meeting of property owners, issues related to changing the management company are discussed.

If the choice is made, then you need to consult a doctor. In any case, it is necessary to explain why this company.

If the collection does not work out, then you should print your offer and send it to all apartments. Residents will vote in absentia this way. But it should be noted that the decision will be made based on the occupied space. That is, 5 people in 20 squares influence the final voting result less than 1 in 50.

In any case, the decision is made in writing and must be certified with a seal. For it to be considered legal, at least 1000 people must vote for one option.

Selecting a control method

At an in-person meeting of premises owners, a decision is made not only to refuse the services of the existing management company, but also to find a new one. You can select a management company at the meeting itself.

There are usually 3 options:

• search for a new management company;
• creation of a partnership;
• creation of direct management.

Only in the first case no costs are required.

In the case of creating an HOA and direct management, you will have to run around with various pieces of paper through the authorities for a long time.

Direct rule is quite convenient; under it, direct contracts for the supply of utilities are concluded.

This form of government has a huge advantage - there is no need to pay for the maintenance of the management company or HOA. But nevertheless, when choosing different options, residents have some problems - they cannot always agree among themselves and choose the right option.

When concluding an agreement with a management company, owners need to think not only about their own benefits, but also about the interests and requirements of the company itself. Today, the remuneration of many management organizations for the management and maintenance of houses is quite small, and sometimes below the subsistence level. This is due to the fact that residents do not pay for the services provided for some reason.

The owners' debts have an adverse effect on the activities of the management company. At the same time, she can both ruin relations with resource suppliers and terminate the contract with residents of an apartment building (MCD). In judicial practice, there are often cases related to the refusal of the management company to service the apartment building. Some of the cases are being considered, others, on the contrary, remain without consideration. Let's figure it out - does the management company have the right to refuse to manage the house and what should the residents do in this case?

Not only the owners of apartment buildings have the right to protect their interests, but also management organizations that also want to benefit from cooperation with the owners.

So can the management company refuse service and terminate the contract unilaterally? The grounds for refusal to cooperate are strictly regulated by... According to the second legislative act, termination of contractual relations is possible only with the consent of both parties.

Also A number of certain actions can cause a break in a relationship, namely:

1. If one of the parties does not comply with the conditions stipulated in the agreement. Because of which, subsequently, the other party incurs significant losses.
2. Significant changes in conditions that directly contradict those specified in the agreement.
3. Termination of a management contract at the initiative of an organization with existing serious and significant conditions (Article 162 of the Housing Code of the Russian Federation).

However, the consent of the owners is required. A general meeting of the apartment building is held, at which the management company announces its decision, and the residents must approve (or not approve) of this fact.

How a management company can refuse to manage a house: step-by-step instructions

If the management organization expresses its dissatisfaction in cooperation with the residents of the apartment building and has serious reasons for this, then it is necessary to carry out a certain algorithm of actions so as not to infringe on the rights of the owners and not to violate the laws of the Russian Federation.

So, algorithm of actions:

1. Preparation of an act by the management company, which should indicate the reasons and grounds for termination of the agreement. In this case, the reasons must be serious and not contradict current legislation.
2. Preparation of necessary documents and reports
3. Transfer of all reports to the owners of apartment buildings or their representatives to familiarize themselves with the work carried out for the last period.
4. Notifying residents that after 30 days the management company will cease its activities in relation to their apartment building. It is advisable to do this in advance so that the owners can choose another management company.
5. Notification of housing inspection and local authorities. In this case, special acts are drawn up, which explain all the reasons for making such a decision by the Criminal Code.
6. All maintenance work on the management company's house continues until the last day of termination of cooperation.

If the owners of the apartment building do not file a claim with the judicial authorities, then the agreement can be considered terminated.

Selection of grounds for termination of the contract

It is necessary to carefully study all the grounds if the management company has expressed a desire to terminate the cooperation. The check can be done in two ways:

The most common reasons are:

• Large debts of residents of apartment complexes for utilities.
• Violation of the contract by the owners.
• Inappropriate behavior of owners.
• Debt in payment for the maintenance and repair of the house.
• Unreasonable and inflated demands of residents to the management company, which are not specified in the agreement.
• Residents of the house prevent the management company from carrying out its activities.

Documentation

If you refuse to cooperate with the apartment management company, the management company must draw up many different documents. Subsequently, these documents must be transferred to authorized authorities, and also sent to residents of the house.

These include:

1. Appeals to residents of the apartment complex. These papers must contain all the reasons and grounds for refusal to cooperate.
2. A written justification for the local administration, which will record the reasons for the refusal.
3. A document generated for the housing inspection with stated grounds for termination of the relationship.
4. Reports for the last period of work done by the management company for the provision of residential property to residents.
5. Reporting documents on the latest expenses of the management company.
6. Documents on the status of personal accounts of owners of apartment buildings.
7. Documents on the condition of common property at the time of termination of the agreement.
8. Acts of meetings held, documents confirming the election of the Management Committee, cooperation agreements with suppliers and contractors.

What will the tenants do after the contract is terminated?

Once the management company has informed residents of its intention to relinquish management, the owners must begin searching for another suitable organization. In this case, it is necessary to notify the housing inspection authorities, compulsory health insurance and the media.

The purpose of the notification is to hold a general meeting at which issues regarding the selection of a new management company will be decided. At the general council, representatives of different management companies can propose their candidacies.

Wherein each application must be forwarded to the compulsory medical insurance, as well as to the owner’s representative. Each candidate must competently inform residents about the direction of their activities and types of services provided.

Important: More than 50% of the MKD population must be present on the residents’ council. They will have to vote and choose the most suitable candidate.

If less than 50% attended the meeting, it is automatically postponed to another date. If none of the candidates of the Management Committee receives more than half (50%) of the votes based on the voting results, then the meeting is also postponed to another day. If the candidate is approved, then all the nuances and main points are discussed, and then an agreement is signed. The previous management organization must transfer the full package of documents to the newly elected company.

Wherein reporting on expenses and balances in owners’ accounts is transmitted. After signing the cooperation agreement, a copy remains with the owner, and the original remains in the office of the current management company.

To summarize, it can be noted that a disrespectful and dismissive attitude towards the management company can lead to termination of the contract. Therefore, it is better to be vigilant and act solely on the basis of the concluded agreement with the management company.

Situations often arise when the owners of one of the apartments are dissatisfied with the terms of membership in a homeowners association (HOA), which they previously had to join, and now they want to leave it. How to do this if the building is an apartment building? There is no prohibition on taking such a step in the current legislation. However, you will have to adhere to some rules and be aware of the possible consequences. This will be discussed below.

Each member of the partnership can count on certain rights, but, at the same time, must fulfill certain responsibilities. In case of withdrawal from it, such legal relations are abolished. How do I terminate my membership? There are several options for this procedure.

Compliance with conditions

You can leave the HOA with the whole house, which is the easiest and fastest way. Or one apartment. Then the procedure will have its own specifics. In any case, the first step is to contact the board of the partnership with a corresponding application.

Since leaving one apartment occurs most often, let’s take a closer look at this option. The procedure must be prescribed in the Articles of Association of the partnership. In addition, the document lists the grounds for termination of membership. They, as a rule, correspond to those identified in the legislation.

So, you can express your disagreement with how the collected money is distributed in the partnership (it is advisable to give specific examples), or distrust of the board members. Intention to use the services of another management company that offers more favorable terms of service. The decision to change the form of organization of the partnership’s work. Complete loss of trust of apartment owners... Of course, no one is forbidden to indicate their reason that prompted the decision to change the management organization.

Another condition for terminating membership in the HOA is that the owner of the apartment fulfills certain conditions (they are also stated in the Charter). We are talking about the complete absence of debts for utilities (current payments will also have to be repaid), and a written appeal addressed to the chairman of the board. Without this, the matter will not move forward.

It turns out that there are no restrictions on leaving the partnership. The main thing is to pay off your debts, if any. The same applies to the situation when the entire apartment terminates its membership, and one of the owners of a share in it owes something. The procedure will not begin until the payment is completely repaid.

What documents will be required?

When leaving the HOA, all cooperation with the partnership, of course, ceases. At the same time, some opportunities remain. This is due to the fact that the residential premises must still be part of some kind of association to make it easier to solve constantly arising housing issues.

Termination of your membership does not prohibit you from joining the partnership again. In this case, it will not matter whether one had to take such a step voluntarily or forcedly.

The current housing legislation and the Charters developed on its basis provide for various ways to exit partnerships. You are allowed to use any of them at your own discretion.

So, you can personally contact the board with a corresponding application. The main thing in this situation is not a personal visit to the office, but a personally written appeal. It is not prohibited to send it by mail. But only by registered mail with acknowledgment of delivery to the addressee. After reviewing the application, the board members will make a decision to exclude the owner or the entire apartment from the partnership.

Another option is to make some kind of transaction with the apartment. For example, its sale or donation. Then, when a new owner registers ownership of the property, the previous owner automatically loses all rights.

It is possible that the partnership may cease to exist. As soon as the process of its liquidation begins, the participants immediately cease to be members.

In the first two of the above methods, the desire of the apartment owner is required, and in the third case, leaving the association will be forced.

The question often arises: how many times are you allowed to enter and leave a partnership? This is a free expression of will and is not limited by anything.

In addition to the application to leave the HOA, the board will require technical documentation of the apartment; documents on the right to own it; certificates from utility organizations about the absence of debts on mandatory payments, from accounting - on the payment of contributions.

What is the procedure for terminating membership in an HOA?

It will not take much time, provided that all the necessary documents are collected and a compelling reason for such a decision is indicated. In fact, the board does not have the right to refuse the owner.

Experts in the field of housing law recommend following this algorithm of actions when leaving the partnership of one of the apartments. After writing the appropriate statement, take a step towards reconciliation of the parties. The thing is that usually the reason for leaving is the apartment owner’s dissatisfaction with something. It is possible that the board will consider the owner’s arguments justified and will take measures to eliminate the reasons that contributed to its decision, then the procedure will make no sense.

If a compromise is reached, an order is issued to withdraw from the HOA. After this, all relationships are considered terminated. There is no need to pay for the procedure.

Next, the apartment owner will have to visit the resource supplying organizations to conclude contracts with them directly without the mediation of the partnership, and in the future receive payments for the services provided. But it is advisable to pay off all existing debts before writing an application, to which you should attach certificates that there are none.

Tenants often ask, what privileges do you lose when you leave the partnership? Do you have additional responsibilities? As practice shows, after deprivation of membership, you will have to independently establish contacts with utility organizations, directly receive payment receipts from them, and also clean up the common area. That's all.