How is TSN deciphered in housing and communal services? What is TSN - decoding, pros and cons

The Association of Property Owners, encrypted for convenience with the abbreviation TSN, has recently expanded the range of possible options for uniting property owners (in particular real estate). Unlike the closely related HOA, where relations are secured by agreements between the owners of exclusively housing, the TSN unites owners of any kind of real estate: residential premises (both country and city apartments), land plots, office buildings.

Although in words (also in names) the difference between these two legally formalized organizations is small, in reality the differences are significant. Some lack of awareness among owners and the relatively recent introduction of TSN (since 2014) misleads them.

TSN has its own subtleties, but the purpose of its creation (on a voluntary basis) is to ensure the order of ownership and use of common property. For example, TSN, registered by residents/owners of apartments, regulates issues of order in the house as a whole (entrances, elevators, etc.) and the local area for comfortable living in this house.

Advantages of creating TSN

The main advantage of TSN is sole decision making(by the organization, therefore by the owners themselves) on the disposal/use of residential and non-residential premises, land plots. Simply put, power is transferred to the hands of property owners. Direct management of the house or plots also passes to them. When making decisions on general issues, it takes into account the opinions of all owners participating in TSN.

Another advantage of this type of property management is the transparency of the charter of the partnership, which itself enters into contracts for the provision of public services specifically to them. Direct management, which characterizes a partnership of real estate owners, allows owners to avoid irrational/incomprehensible expenses for maintaining a house or other territory.

Among other things, the deadlines for collecting contributions and carrying out repairs approved by property owners, for example, are approved by them. For this purpose, a work plan and estimate are drawn up and approved at a meeting with the presence of all TSN participants.

To summarize, the advantages of TSN can be described as:

  • Community – common ownership and management of joint property by all property owners.
  • Mass character - the possibility of combining, for example, several houses with a common yard. Which allows you to solve issues (raise funds) for repairs, construction of a playground or, for example, parking.

Disadvantages of TSN

The main nuances of creating a partnership of negative real estate owners include:

  • Not universal – it is not rational to combine all buildings into TSN.
  • The legal justification and regulation of the functioning of TSN (that is, its legal organizational form) has the risk of bankruptcy.
  • Legislative support (as well as for HOAs) is the weak point of the organization.

Each of these shortcomings of TSN is fraught with danger for the owners and its participants. Regarding the first: the issue of the impossibility of transferring the function of property management directly to the owners themselves is especially acute for residents and owners of premises in old buildings. Since such premises, and the building itself, require major repairs, which, among other things, are expensive, raising funds for it using only the property owners may take a long time. This can “bring the house into disrepair.”

The last two points carry the threat of non-return of invested funds and utility payments to property owners in the event of bankruptcy.

Should I switch to TSN?

It is difficult to answer unequivocally, taking into account all the pros/cons of organizing a real estate owners' partnership. Considering the voluntary nature of such a decision - the creation of a TSN - it will be the property owners who will need to weigh all the pros and cons. Which depend on many factors, including the characteristics of the common property itself.

So, for example, residents of houses with the need for major repairs may have much fewer arguments in favor of organizing a TSN than property owners in new areas with dense buildings, relatively new buildings or premises with commercial use.

From September 1, 2014 owners of premises in apartment buildings has the right to merge into TSN (Federal Law No. 99 of 05/05/2014). At its core, a partnership of real estate owners (TSN) is a transformed form of a homeowners association, which now cannot be registered in any way. In this article we will talk about what TSN is, what its functions, powers, rights and responsibilities are.

MKD control methods

What is TSN

As an organizational and legal form, TSN is a partnership. According to the law, TSN is a voluntary association of owners of real estate, in our case premises in an apartment building. TSN is created for joint ownership, use and, within the limits established by law, disposal of common property (clause 1 of Article 123.12 of the Civil Code of the Russian Federation).

TSN is a non-profit corporate organization created to meet the needs of apartment building owners. Members of the partnership have the right to participate in it, form its supreme body, have rights and obligations in relation to the legal entity they created (clauses 1, 2 of Article 65.1 of the Civil Code of the Russian Federation). Creation and activity TSN regulated by Article 123.12 - 123.14, Article 65.1 - 65.3 of the Civil Code of the Russian Federation and the norms of Section VI of the Housing Code of the Russian Federation.

The partnership carries out maintenance, operation and repair of the common property of the owners in the house. TSN can also lease out parts of the common property in the apartment building by decision of the general meeting of owners (Parts 1 - 2 of Article 152 of the Housing Code of the Russian Federation).

TSN can conduct business MKD management activities. But this type of activity should serve only the purposes for which TSN was created. The income received should not be appropriated and distributed among its members (Article 218, 123.13 of the Civil Code of the Russian Federation). TSN is independently responsible for its obligations with the property belonging to it. Members of TSN are exempt from liability for the debts of the partnership (clause 3 of Article 123.12 of the Civil Code of the Russian Federation).

The partnership is created without limiting the period of activity. But it is possible to create a TSN for a certain period, which must be specified in its charter.

TSN Charter

The TSN charter submitted for state registration must comply with the norms of the Civil and Housing Codes. According to clause 2 of Article 123.12 of the Civil Code of the Russian Federation, the charter of TSN must contain in its name the words " property owners association". The document must also contain the following information:

  • location;
  • the subject and goals of the partnership’s activities;
  • composition and competence of TSN bodies;
  • the procedure for making decisions, including issues on which decisions are made unanimously or by majority vote.

TSN Charter adopted at the general meeting of owners of premises in the apartment building by a majority vote of the total number of voters (Part 2 of Article 135 of the Housing Code of the Russian Federation). The decision of the OSS is considered adopted if the majority of meeting participants vote for it in the presence of a quorum (Clause 1 of Article 181.2 of the Civil Code of the Russian Federation). The decision of the meeting may be made by absentee voting.

TSN is considered created after its state registration (Federal Law No. 129 of 08.08.2001 “On state registration of legal entities and individual entrepreneurs”). During state registration, TSN are presented minutes of the general meeting of owners of premises in the apartment building with the decision made on the issue of creating a partnership (Part 5 of Article 136 of the RF Housing Code).

The provided OSS protocol must also contain the following information:

  • on approval of the TSN charter;
  • about the persons who voted at the general meeting of owners of premises in the apartment building for the creation of a partnership;
  • on the shares owned by the voting persons in the right of common ownership of non-residential premises in the apartment building.

Also attached partnership charter. TSN must have a stamp with its name, a bank account, and other details.

Membership in TSN

Members and founders of TSN can be the owners of residential and non-residential premises in the house. Also, members of the partnership can be legal entities to which the above-listed public facilities belong to the right of ownership, economic management or operational management.

Membership in TSN arises from the owner on the basis of a written application to join the partnership (Parts 1 - 5, Article 143 of the Housing Code of the Russian Federation). If a partnership has already been created in the apartment building, then persons who bought apartments or rooms in this house can also become members of TSN on the basis of ownership of the premises.

Membership in TSN is terminated after filing an application to leave the partnership or upon termination of ownership of the premises in the apartment building.

Must be included in TSN register of partnership members. The register must contain information about all members of the TSN, the size of their shares in the right of common ownership of non-residential premises in the house. A TSN member must provide reliable information about himself and promptly notify the board of the partnership of any changes.

Rights and Responsibilities

To conduct the work of the partnership and implement the decisions made by the general meeting, a chairman is elected in TSN and a board is created (clause 2 of Article 123.14 of the Civil Code).

The responsibilities of the TSN board include (Article 148 of the RF Housing Code):

  • control over the timely payment by TSN members of mandatory payments and contributions accepted by the OSS;
  • drawing up estimates of income and expenses for the year, reports on financial activities, submitting them to the OSS for approval;
  • MKD management, conclusion of management agreements for apartment buildings;
  • hiring workers to service apartment buildings, their dismissal;
  • concluding contracts for the maintenance, operation and repair of common property in apartment buildings;
  • maintaining a register of partnership members, office work, accounting and financial reporting;
  • convening and holding a general meeting of members of the partnership.

Management and control bodies can be created in TSN. The highest governing body in TSN is the general meeting of its members (Clause 1, Article 65.3, Article 123.14 of the Civil Code of the Russian Federation). According to clause 2 of Article 65.3 of the Civil Code of the Russian Federation, the competence of this body includes:

  • determining the direction of activity of TSN, the principles of formation and use of common property;
  • approval and amendment of the charter of the partnership;
  • determining the procedure for admitting and expelling TSN members;
  • formation of TSN bodies and early resignation of their powers;
  • approval of annual, accounting and financial reports of TSN;
  • making decisions about creation of TSN, its participation in other legal entities, the creation of branches and the opening of representative offices;
  • making decisions on the reorganization and liquidation of TSN, appointing a liquidation commission, approving the liquidation balance sheet;
  • election of an audit commission, appointment of an audit organization or individual auditor;
  • making decisions on establishing the amount of mandatory payments and contributions of TSN members (clause 1 of Article 123.14 of the Civil Code of the Russian Federation);
  • making decisions on the alienation, lease, repair, pledge or transfer of other rights to TSN property to third parties; obtaining borrowed funds, bank loans; determination of the purposes for using income from the economic activities of TSN (Article 145 of the Housing Code of the Russian Federation).

That's all we wanted to tell you about property owners association in today's article.

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Concepts

An apartment building is a small state that needs to be managed. For this purpose, a management company, homeowners' association, TSN, housing and communal services or housing and communal services are elected. It all depends on who the residents trust to manage their property.

To clarify the information, it is necessary to decipher concepts such as HOA and TSN. After all, on the one hand, these are just letters, the meaning of which is not known to many.

An HOA refers to a homeowners' association. The Partnership is a community aimed at solving housing-related issues.

All participants are stakeholders. The owner is the owner of property that belongs to him by right, which can be proven documentary. Housing means property intended for permanent residence.

Combining the concepts, we get the definition: a homeowners’ association is an association of apartment owners in one apartment building, whose activities are not commercial and are aimed at solving common issues.

Moreover, it is important to note that in this case the decisive factor is the word “apartment”, since by housing we mean premises intended for permanent residence.

The responsibilities of the HOA include:

  • management of common property;
  • ensuring uninterrupted supply of utilities;
  • landscaping;
  • solving public issues related to house management.

The HOA is a non-profit association, so its goal is not to make a profit.

Attention! The main legal act regulating relations between residents and HOAs is the Housing Code of the Russian Federation. Here are the basic provisions that enable owners to manage the house.

In general, the Housing Code of the Russian Federation provides for several types of property management for owners of apartment buildings.

They are listed in Article 161 of the RF Housing Code:

  • management of economic life by the owners themselves, without the involvement of third-party organizations (such management is welcome when the house is small, with no more than eight families living in it);
  • management of home ownership through the HOA (in this case, a chairman is elected who will be responsible for resolving public issues);
  • Housing cooperatives are rarely created, but have the opportunity to exist in Russia;
  • often the management of economic life is transferred to the Management Company (in this case, the owners are required to pay a certain amount aimed at paying for the services of the management company).

Each species is significantly different from each other. The difference, first of all, lies in the method of management and income generation. If the management company charges money for its services, then the HOA has no rights to do so.

Homeowners are in any case the main stewards. It is on the basis of a common decision that amendments are made to the contract and issues are considered. The rules for holding a meeting are reflected in Article 161 of the Housing Code of the Russian Federation.

The activities of HOAs cannot be recognized as commercial, since they are aimed at solving general issues. The rule is regulated by Article 50 of the Civil Code of the Russian Federation and Article 135 of the Housing Code of the Russian Federation.

The abbreviation TSN stands for real estate owners' partnership. Let's try to break down this concept. A partnership is an association aimed at solving public issues. More often than not, the partnership's activities do not generate income.

Owners are the owners of property that belongs to them according to existing documents. Real estate is a type of property that represents premises for any purpose.

Thus, it is possible to draw up a full definition: a real estate owners’ association is an association aimed at resolving public issues related to the management of property owned by several owners.

It is important to pay attention to the fact that not only apartments, but also other real estate are taken into account.

Important! In general, management is aimed at the following types of property:

  • several private houses, for example, a small settlement;
  • garages (cooperatives are often used, but TSN may exist);
  • warehouse (it is necessary to create a TSN if there are warehouse premises owned by several owners on the same territory);
  • land (land can also be managed and disposed of, for example, when conducting general agricultural activities);
  • gardening, summer cottages (property is similar to land plots, but here real estate located on the land is taken into account in parallel);
  • trading platforms (conducting business activities in relation to several platforms intended for trading activities, owned by several owners);
  • other property that can be classified as real estate.

The activities of TSN are aimed at conducting business activities in relation to any real estate. Participants do not receive any profit. Their interests coincide.

The main difference between an HOA and a TSN is the type of property that is included in the list of management activities. If in the second case the partnership manages all types of property, then the HOA is aimed at managing only apartment buildings, that is, premises intended for permanent residence.

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What are the differences between HOA and TSN

Homeowners' Association and Real Estate Owners' Association are similar concepts, but have significant differences. In both the first and second cases, the activities of organizations are not aimed at making a profit. But their goal is the successful management of the property owners.

The main differences between HOA and TSN include:

  • type of property. If under an HOA only residential premises are managed, then in the second case the organization operates in relation to all real estate owned by the owners, for example, private houses and adjacent courtyard buildings, including garage territory;
  • Participants in an HOA can only be individuals, while enterprises can also organize a HOA. This is convenient when several organizations collaborate. However, firms cannot make a profit from the creation of TSN;
  • The goals of HOAs and TSNs are slightly different from each other. The activities of the HOA are aimed at servicing the common property and its maintenance. TSN not only tries to preserve and provide a decent physical appearance to the property, but also manages it. For example, TSN leases premises, issues permits for the construction of buildings on land, can order the sale of territories, and so on;
  • Undoubtedly, the name of the organization's charter will change. After all, in fact, partnerships are of a different nature. Some points of the document have significant differences;
  • type of management. When organizing an HOA, the main managers become the owners. Decisions are made based on a general decision through voting. Under TSN, the following are created: a management body, a control body, and an executive department.

Previously, the difference between TSN and HOA was the ability to choose a simplified taxation system. The right belonged exclusively to the HOA. But in 2015, thanks to Letter of the Ministry of Finance of the Russian Federation N 03-11-03/2/14958 dated March 19, 2015, and N 03-11-03/2/14938 dated March 19, 2015.

TSN: pros and cons

The owners themselves decide what to choose, TSN or HOA. Each type of control has pros and cons.

Please note! The advantages of a real estate owners' association include:

  • if the owner - a legal or natural person - does not have the opportunity to resolve issues related to property management in a timely manner, you can elect TSN, which will deal with solving problems instead of the owner of the property. Therefore, saving time is considered an advantage of TSN;
  • with TSN, management is carried out exclusively by a certain circle of people. It is impossible to encounter violations during service, and if they are detected, it is easy to find the culprit;
  • making a profit is not the goal of TSN, so owners can count on favorable conduct of business activities. All funds contributed will be used to ensure the safety and increase of property;
  • TSN activities are open. Participants can review the documentation at any time.

However, TSN has not only advantages, but also disadvantages. When making decisions, the opinion of the majority is not taken into account. The decision is made by the governing body. No one will be able to influence the final decision. TSN will be able to declare itself bankrupt at any time, and no one will return the funds of the owners aimed at conducting activities.

The main difference, which is an advantage on the one hand and a disadvantage on the other, is obtaining a license. The rule is regulated by Article 192 of the Housing Code of the Russian Federation.

Advantages and disadvantages of HOAs

Creating a homeowners' association has many advantages, which, first of all, include:

  • opportunities to resolve issues of landscaping the common area and maintaining the house;
  • the opportunity to take part in resolving certain issues (they are decided on the basis of the opinions of residents through voting);
  • the activities of the HOA are completely open, any owner has the opportunity to request accounting, tax and other financial documents;
  • introduction of a simplified taxation system, which is associated with a reduction in management costs;
  • ease of organizing a homeowners' association; there is no need to undergo licensing.

However, in addition to the advantages, HOAs have their disadvantages.

Remember! These include:

  • the minority of owners is obliged to obey the decision of the majority;
  • Membership fees must be paid; some people do not always understand what they are paying for.

Thus, the advantages of creating an HOA are greater than the disadvantages. In any case, when choosing any management organization, you will need to contribute a certain amount intended for conducting business activities. And if a tenant does not agree with something, he can always initiate an extraordinary meeting at which to bring up the issue of concern for discussion.

HOA is a bit like TSN, but has significant differences. TSN is a legal entity, and HOA is a society of civilians. When deciding to create a particular form, you will need to carefully study all aspects of each concept.

Watch the video. HOA - pros and cons:

Main goals and objectives

The goals and objectives of the HOA and TSN are practically the same. An HOA is created to conduct business activities. However, when organizing a TSN, the association is engaged not only in maintaining the property, but also in its disposal, for example, renting, leasing, selling, and so on.

Both HOAs and TSN have the right to charge owners fees aimed at maintaining the property. Otherwise, there will be no funds to ensure the functioning of the company.

The activities of HOAs and TSNs are regulated by the internal charter.

Thus, several conclusions can be drawn:

  • The goal of the HOA is to ensure the safety of property. The task of the HOA is to conduct business activities;
  • The purpose of TSN is to form a fund, ensure the safety of property and increase it. The task of TSN is to conduct business activities and operate the property.

All owners of an apartment building become participants in the HOA. TSN is a legal entity and may become bankrupt.

Transformation Act

In 2014, changes were made to the Housing Code of the Russian Federation.

Attention! Now the HOA is re-qualified as TSN if:

  • the activity is permanent;
  • there are many participants;
  • it is expected to collect funds from residents for house maintenance.

At the same time, the legal form changes. That is, if an HOA is an association of individuals, then TSN is one legal entity.

In 2015, when creating a TSN, it is mandatory to obtain a license to operate.

During the conversion the following changes:

  • charter The legal form and, as a consequence, some aspects of the document change;
  • range of rights and responsibilities. Homeowners are relieved of the obligation to attend meetings and vote to make decisions.

The difference between the public formations “HOA” and “TSN”, which have the status of a legal entity under Russian law, lies in the type of real estate itself. But for a better understanding, it is necessary to familiarize yourself with the differences between these Partnerships in more detail. Homeowners' associations have their disadvantages, and so do TSNs, but there are also obvious advantages.

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When choosing which formation is better, you should pay attention to their functional tasks, reporting to the tax service, legislative norms and rules for creating and conducting economic non-commercial activities.

What is it

HOA is a Home Owners Association. In this case, housing refers to apartments located in an apartment building.

This house needs care, as well as the territory adjacent to it; it is also important to ensure the continuity of utilities, to improve such areas of the building as windows, doors, garbage chutes, ventilation, etc.

The public organization HOA monitors all this. For its functioning, there are articles in the Housing Code of the Russian Federation.

Multi-apartment management can be carried out in different ways. Basically, there are 3 ways in which you can regulate all matters related to the improvement of an apartment building.

These methods are legal and reflected in the Housing Code of the Russian Federation:

  1. Direct care of the house by residents.
  2. Creation of a Homeowners Association with a dominant unit - the chairman.
  3. Housing or consumer cooperative.
  4. Managing organization.

The management method, as well as the HOA society, has its own specifics - a system of regularly scheduled and unscheduled meetings of members, payment of membership fees, recording the progress of meetings and making their decisions.

Such meetings are organized in compliance with the procedure established in Part 3 of Article 161 of the Housing Code of the Russian Federation.

Joint management of common property is the main goal of such societies. That is why their activities are not recognized as commercial by law (Civil Code of the Russian Federation, Housing Code of the Russian Federation).

TSN is a Partnership of Real Estate Owners, which was formed on January 1, 2014 in the legal field of housing legislation of Russia, as a new organizational formation - a form of non-profit organization of owners of any real estate (clause 4, clause 3, article 50 of the Civil Code of the Russian Federation, paragraph "a" p. .3 Article 1 or Part 1 Article 3 of the special law of 05.05.14).

The organization is created voluntarily by owners of real estate, which can be not only apartments, but also:

  • private houses;
  • garages;
  • storage facilities;
  • land plots, territories;
  • horticultural, farming, gardening plots;
  • retail space in some prestigious shopping center and so on.

These formations are organized in order to also ensure maximum improvement of the interior and exterior areas adjacent to the property, or to ensure legal protection of a plot of land.

The organization is created on a voluntary basis. Property can be allocated in common to several objects at once, and not just to one house, as is practiced in the HOA system.

A partnership of real estate owners is relevant for those societies where the issue of some kind of cooperation between owners of plots of land, or dachas, or garages arises.

The need arises when people understand that their real estate is located on a certain common territory, receives electricity and other benefits of civilization, the uninterrupted supply of which needs to be monitored by someone.

Pay attention! The transition or creation of TSN is voluntary, therefore the law does not oblige other organizations to urgently transfer to such a system of real estate management.

What's the difference

It turns out that the HOA exercises control over the improvement of only residential real estate and then mainly MKD - an apartment building.

And TSN carries out measures to improve, protect and maintain both residential and non-residential premises. The goals, functions and objectives of such an organization are similar to the goals and objectives of the HOA, but in scope they are more extensive and broader.

Therefore, some HOA may well be part of the TSN, or residents may completely abandon the association of the HOA in order to join with their meeting the TSN - a larger institution that can also resolve issues of apartment buildings, and not just land, garage, warehouse, dacha and other needs.

For a brief analysis of the similarities and differences between the two forms of existence of public organizations of real estate owners, we can consider the summarized table of data characterizing both directions of the Partnerships:

HOA
Profitability status Non-profit organizational entity (Article 135 of the Housing Code of the Russian Federation). 1. Commercial organization - if it includes immovable objects identical to this status that generate income of a business nature.

2. Non-profit organization - if the structure includes real estate objects from which money is not regularly earned.

Taxation Simplified Regular
Permitting documentation for the creation of an organization and its existence. A license to manage apartment buildings, for several houses with apartments, is not required. License to manage specific types of real estate (regulated by the Housing Code of the Russian Federation).
Constituent documents Charter, certificate of registration of a legal entity.
Business documents Agreements with contractors, utility services and other institutions providing real estate improvement services.
Structure Consists of the owners of apartments in one apartment building (less often two or more).

Owners are individuals.

Association of owners of several buildings of different types - residential or non-residential, multi-apartment or private.

Or - a combination of land plots, production and other premises, etc.

Owners are individuals or legal entities.

When does the right to create an organization begin? If there are 50% “For” votes from among MKD homeowners. Election of members of the Partnership, among whom there may be citizen owners and representatives of enterprises that own real estate.
Method of operation Activities are carried out through public meetings, which also include members of the Partnership. Decisions are not made by all owners of real estate, but only by those who are members of the Partnership.
Functions, tasks, goals 1. The public property of the Partnership is allocated.

2. Creation of favorable living conditions for residents.

3. Communications with utilities and other organizations serving the house.

4. Improvement of the surrounding area.

5. Creation of rules of conduct for residents of the house and interaction with them.

6. Seasonal and scheduled inspections of utilities, pipelines, ventilation and other systems.

7. Issuing apartment invoices for payment for utilities, repairs, administrative and other services provided.

8. Resolution of disputes in court concerning public property of the Partnership and other tasks.

The partnership disposes and manages the common part, which is allocated for all types of real estate that are included in the structure.

For example:

— issues of renting premises;

— ensuring the safety of common property;

— increase in common property and its development;

— issues of a public nature, interaction between people;

— work with estimates to establish fees for utilities, repairs, administrative, security and other services to each owner and more.

Managerial person Chairman Control

Pay attention! The activities of both types of management forms must necessarily be conducted on the basis of the Charter.

But TSN has the opportunity to introduce any necessary additional executive structures. For example, this could be a service for repairing electricity in houses and buildings, and everything connected with it.

Pros and cons of HOAs

The advantages of a Residential Owners Association include the following factors:

  1. Issues regarding the improvement and maintenance of the house and the surrounding area are easy to resolve - each resident can address the meeting with one or another proposal or question.
  2. Conflicts with neighbors can be resolved by the Partnership without resorting to law enforcement agencies.
  3. In theory, everyone who comes to the meeting has the right to vote and the right to participate in the discussion to make a particular decision.
  4. Information openness of the financial component of the Partnership, as well as the activities of the chairman.
  5. Taxation – simplified tax system (simplified system). It is reflected in the Partnership’s finances as a small burden.
  6. A license to operate TSN is not required.
  7. It is possible to choose a management organization.

The disadvantages related to the activities of HOAs include the following disadvantages:

  • Not always the tenant-owners who come to the meeting of the association can somehow influence the decision made with their opinion. The opinion of the majority is taken into account;
  • too many different membership fees;
  • there is a risk of increased payments for the use of certain services. At the meeting, they may decide to use expensive equipment or choose an expensive service.;
  • legislative support is considered weak;
  • The initiative of residents is noted to be weak.

Pay attention! The structure of the ongoing meetings of the residents' society is such that it is not always convenient to present your idea so that it is heard.

In practice, with a large meeting, it is difficult to cast your vote to have it considered, but in theory, all residents have the right to do so. Therefore, this state of affairs can often be considered as a disadvantage.

Pros and cons of TSN

The advantages of a Real Estate Owners Association can be identified as follows:

  1. A citizen-owner, or a legal entity-owner, even if they are not members of the board of TSN, can apply for resolution of their disputes, issues relating to common property, their real estate.
  2. All residents or users of non-residential premises do not need to attend meetings of the Partnership. This is done only by elected members who bear their responsibility.
  3. The focus of the association is only on the management and growth of the property, which can be beneficial even for the owners, where the profits can be divided among the owners.
  4. An open reporting system to the owners for the work done and planned activities for the organization’s activities. Any owner is given the opportunity to check even the financial movements of the Partnership.

The disadvantages of TSN are expressed in the following disadvantages:

  • the opinion of the majority is not taken into account, only the opinion of the members of the association is taken into account;
  • in view of the fact that TSN is a legal entity, at any time the organization has the right to declare itself bankrupt, which may negatively affect the profitability of the owners who benefited from the activities of the Partnership.

Pay attention! The association of owners and owners of any real estate does not bear any responsibility for the obligations that its participants - members of the association - must fulfill.

And the owners themselves, in turn, are not responsible for the actions and decisions of the Partnership and its management.

Which is better

You can consider the question of what is better than TSN or HOA when it comes to plans to create some kind of public institution for an apartment building (or several such buildings).

Associations differ from each other in that the structure of the first includes not only residential real estate of the owners, but also non-residential property, which has a commercial component.

Therefore, in cases where it is required to contain several objects for different purposes, it would be appropriate to organize a TSN. And if the real estate is represented only by apartment buildings, then it is better to go with an HOA.

As for the taxation system, then, of course, the “simplified” HOA is more beneficial for owners than the standard system of ordinary taxation provided for the HOA.

In connection with the new law No. 99-FZ, which came into force on May 5, 2014, switching from a Homeowners Association to a Real Estate Owners Association is a right, not an obligation.

For many, it is more convenient to remain on simplified taxation, especially since the house is for residents and not for commercial purposes. Therefore, not all HOAs are renamed to TSN.

Pay attention! Obtaining a new license and proving that the Partnership fits the category of real estate owners is also a troublesome matter for the bureaucracy, which does not suit everyone. This may also be an obstacle to moving from one system of government to another.

It is not always convenient for the residents themselves to constantly attend meetings, which are mandatory in the structure of the HOA.

Therefore, based on this approach, it even seems more convenient for apartment owners to create a Partnership of real estate owners, where they will not be required to attend meetings or participate in decision-making.

However, not everyone thinks this way, there are concerned residents of houses, there are many of them - they can either become members of the Partnership if the organization makes the transition to TSN, or petition to leave the HOA as is.

As a rule, practice shows that if we are talking about one apartment building, then it makes no sense to create a society of property owners.