The homeowners association is one of the ways to manage an apartment building. In light of recent events with management companies, in our opinion, this form of management is the most promising; it is chosen by residents who want to independently maintain their property. If you have a friendly house, the residents know each other and are ready to cooperate, an HOA will be the most effective form of management for you.

For those who don't know where to start, how to quickly and cost-effectively organize an HOA, we offer step-by-step instructions.

First you need to gather the tenants “comrades”.

If most of them agree to change the way you control your home for an HOA, first of all you need to set a date for a general meeting of homeowners. The decision to change the form of ownership of the management of an apartment building to a HOA can only be made at a general meeting of the owners of privatized apartments. In this case, social tenants (those who did not privatize the apartments) do not count - they do not have the right to vote in resolving this issue.

Further, it is recommended to inform the district government about the holding of the general meeting, and accordingly convey it to each “comrade”, and with an advertisement sign at every entrance and preferably by going around the apartments (under a personal signature) so that there are no complaints later. Careless tenants often take advantage of this: “I didn’t know, they didn’t tell me anything.” It seems to me that everyone knows the example of one vulgar person imagining herself to be a singer - who believes that she conquered Moscow by singing two hits and showing us a little rudeness from the stage.

If at least one owner is not notified by signature, the meeting can be declared to have been held in violation of the law. Additionally, you should organize mailing list notification of the meeting, as required by the code, at least 10 days before the event.

The next step is to determine the issues for the residents’ meeting.

In addition to the time of the meeting and the exact date, you need to indicate in the mailing the issues that will be considered at the general meeting. Moreover, think through the questions very carefully.

The fact is that an in-person meeting of homeowners may simply not take place, for example, due to the absence of more than half of the residents. However, in such a development of events, you have the right to vote without the presence of some residents. However, with absentee voting, you cannot propose issues for voting that were not called for at the in-person meeting. If this rule is neglected, there is always the possibility of challenging the voting results in court and still winning.

Hence, questions for the face-to-face meeting It is necessary to provide for the possibility that the meeting may not take place and you will have to conduct additional absentee voting.

Sample agenda for the general meeting of the HOA.

What should the agenda of the general meeting include when creating an HOA?

• the question of choosing an HOA as a way to manage a house;
• the question of electing members of the HOA board, necessarily indicating their number;
• discussion and adoption of the charter of the homeowners association;
• composition of the counting commission for counting votes during voting.

Board members, in turn, independently elect the chairman of the HOA board. The functions that it will perform are specified in section 6 of the Housing Code of the Russian Federation. Be careful here, it’s better to choose the one who wants, and not the one who is more competent and will certainly be better. Otherwise, the rejected one, harboring a grudge, will “eat” the best chairman in a couple of years, uniting a group around himself and declaring him a swindler. As it turns out later, there will be no crime, but a good person will be offended, and the HOA will be glorified.

I observe all these things in the example of many HOAs, and the picture is the same everywhere. Moreover, it is usually swindlers or vain, illiterate people who strive for power, which does not benefit the HOA.

When a meeting to choose a method of managing an apartment building is considered to have taken place.

A meeting on choosing a method of managing an apartment building is considered to have taken place if it was attended by more than 50% of votes of owners housing. In this case, the vote is “tied” to the size of the living space owned. Accordingly, the owner of a three-ruble ruble has more votes than the owner of a one-room apartment. Those gathered first discuss all the issues, then vote for the creation of an HOA, and elect board members (at least three people).

It is mandatory at the meeting discuss and adopt the HOA charter, which sets out the rights and obligations of the homeowners association.
Samples of standard homeowners' association charters can be found on the Internet and, if necessary, adapted to your conditions.
You can also from our website.

Remember, if 50% of the votes are not received, the meeting is considered invalid. In this case, you will have to resort to absentee voting. Again, all owners will have to be notified of its implementation individually.
The information indicates the same issues that were proposed to be discussed at the in-person meeting, with an invitation to vote, as well as the time and place where and to whom the completed voting sheets should be submitted. The votes are counted by a counting commission elected at the meeting.

Choosing a method for managing an apartment building is decided by a majority vote of its owners who participated in the general meeting, and if the meeting did not take place, by absentee voting.

If in the vote More than 50% of the votes took part, of which more than 50% were in favor of the HOA management form, the rest are obliged to obey. Naturally, if the procedure for creating an HOA was carried out in accordance with the Housing Code of the Russian Federation. This also applies to owners who opposed the HOA or did not participate in the vote at all. Now the general meeting of homeowners becomes the highest governing body of the building.

HOA registration

The registration of HOAs is carried out by the tax office. To do this, you must provide the following documents to the tax office:

1. Minutes of the general meeting of owners of an apartment building with an agenda on the choice of a homeowners' association as a management method and on the creation of a HOA;
2. HOA Charter in one copy;
3. The minutes of the HOA board, certified by the signatures of the board members, at which the chairman of the HOA was elected;
4. Application for state registration of a legal entity upon creation - download for free);
5. Receipt for payment of the state duty from the applicant (the person indicated in form 11001) (from January 29, 2010 this is 4 thousand rubles).

If you would like to immediately receive a copy of the HOA charter certified by the registration authority, you will additionally need to contact the tax office provide a second copy of the HOA charter and a receipt for payment of the state duty, as well as a request for the issuance of the specified copy.
The state fee must be paid by the applicant, since it is he who is indicated in the payment receipt.

When registering an HOA, the applicant can be any member of the board. His name will be indicated on Form 11001. If another person will submit or receive documents instead of the applicant, a notarized power of attorney will have to be issued for him.

Documents for registration of an HOA can be submitted in three ways - directly to the tax office by the applicant, or through the “mail” window at the registration authority. The documents will be sent back to you by mail. The third option is by regular mail. You just need to understand that if you choose the latter option, registration will take much longer than the established 7 calendar days.

After the tax office will make an entry about your partnership in the unified state register of legal entities, the HOA will receive all the rights of a legal entity. All activities of the HOA will now be reflected in the register. The responsibility for making changes from this moment falls on the chairman of the HOA board.

It should be remembered that the tax inspectorate has the right to exclude a legal entity from the register as not operating if financial activities are not conducted and the required reports are not submitted.

Paramonov Yu.O. Rostov-on-Don. 2013-17 Exclusively for Energostrom LLC

The Housing Code of the Russian Federation must proceed from the general meaning of the norm - to ensure the independence of board members and the participation in decision-making of precisely those people who were trusted at the general meeting of HOA members. But the specific forms within which these principles will be implemented should be left to the partnerships themselves. * * * The chairman of the board of the HOA is not named as the executive body of the partnership (that is the board). He is one of the members of the board who is vested with additional powers to ensure the implementation of board decisions. According to the author, housing legislation does not contain a ban on concluding an employment contract between the chairman of the board and the HOA (subject to certain conditions) specifically regarding the performance of the duties of the chairman of the board. Moreover, this is convenient and beneficial for both the chairman and the partnership itself.

About the Chairman of the Board of the Homeowners Association

• ensuring sanitary maintenance of the building and surrounding area;
• organizing the preparation of houses for seasonal use;
• concluding and recording agreements for the supply of utilities, monitoring compliance with the terms of concluded contracts;
• providing consumers with utilities and other services;
• control over the quantity and quality of services provided.

The chairman and members of the board of the HOA should keep in mind that according to the Decree of the Government of the Russian Federation of May 23, 2006 No. 307 “On the procedure for providing utility services to citizens,” when providing utility services of inadequate quality and (or) with interruptions exceeding those established in Appendix No. 1 to these According to the rules, the duration and amount of payment for each utility service is subject to reduction in accordance with the specified application.

All about the work of the chairman of the homeowners association. in detail!

He must have a good knowledge of the economy, regulations, rules of operation and maintenance of the housing stock, know the Housing, Civil, Tax Codes and much more. The responsibilities of the board that you and I elect include the following: monitor the timely payment of utility bills and other contributions by members of the partnership, draw up a financial and economic plan for the HOA, prepare various estimates and budgets, and conclude various agreements with service providers. The chairman ensures the implementation of the decisions of the board, gives instructions and orders to all officials of the partnership, signs payment documents on behalf of the HOA, makes transactions, and manages the bank account of the HOA.
The specific functions of the chairman of the HOA must be provided for in the Charter of the partnership. Committees and commissions in HOAs.

Forum burmistr.ru - forum about housing and communal services (management of apartment buildings)

During interruptions in the provision of utility services exceeding the established duration, as well as when carrying out preventive work once a year in accordance with paragraph 10 of these Rules, the payment for utility services in the absence of collective (common house), common (apartment) or individual metering devices is reduced by the amount the cost of utilities not provided. The volume (quantity) of a utility resource not provided is calculated based on the utility service consumption standard, the number of consumers (for water supply, sewerage, electricity and gas supply) or the total area of ​​residential premises (for heating), as well as the time the utility service is not provided.

Change of chairman of the HOA board

Attention

If a candidate for the position of chairman is not a homeowner in the HOA, then he cannot become chairman. In order for this candidate to legally take the position of chairman, there are two options for solving the problem:

• one of the relatives (for example, a wife) who is the owner gives the proposed candidate a share of the apartment or house;
• The HOA signs a number of documents, on the basis of which the candidate is hired as a manager vested with a number of powers; in this case it is important that the manager can act independently.

Inevitable Responsibilities The Chairman of the management body of the Homeowners Association of the Residential Complex of the Russian Federation is a person who is fully entrusted with representing and protecting the interests of residents in all instances. The activities of the chairman of the HOA are subject to the Housing Code and the job description, which is accepted and approved by the members.

The document is not mandatory, but desirable: sample HOA staffing schedule

On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the case of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration ", owners of premises are obliged to bear the burden of expenses for the maintenance of common property in proportion to their shares in the right of common ownership of this property by making: mandatory payments and contributions of owners of premises who are members of a homeowners' association, housing, housing-construction cooperative or other specialized consumer cooperative.

Chairman of the board of a homeowners' association: how to become one and what awaits him

A member of the board of a homeowners' association cannot be a person with whom the association has entered into an agreement for the management of an apartment building, or a person holding a position in the management bodies of the organization with which the association has entered into the said agreement, as well as a member of the audit commission (auditor) of the association. A member of the board of a homeowners' association cannot combine his activities on the board of the partnership with work in the partnership under an employment contract, as well as entrust, trust, or otherwise entrust to another person the performance of his duties as a member of the board of the partnership. The duties of the board are listed in Art. 148 Housing Code of the Russian Federation (the list can be expanded by the charter of the HOA). Like any executive body, the board, among other things, concludes contracts, hires workers, controls the payment discipline of the members of the partnership, and organizes their general meetings.

Labor relations of the Labor Code of the Russian Federation on the basis of an employment contract as a result of election to a position arise if election to a position requires the employee to perform a certain labor function. The work of the chairman of the HOA board should be classified as an ex-officio job in accordance with the staffing table, because usually such a position is included in the staffing table. And it was described above that such work implies constant, continuous performance of certain job responsibilities.
But we can talk about labor relations only if remuneration is established for the chairman of the board in the form of wages. Concluding an employment contract is beneficial for both the HOA and the chairman. So, for example, the partnership will be able to take advantage of the provisions on the liability of the head of the organization for damage caused to the HOA (see Art.

Important

It's fast and free! Table of contents:

• Imminent responsibilities
• Special rights and powers
• Job description
• Everything by agreement
• Delegation of rights by proxy
• Continuous reporting
• Regulations on the board

If the charter allows, then the chairman can be elected by a simple vote of the HOA members, but such voting has its own nuances. The essence of voting is that the owner of an apartment with a larger area has more votes. Those. the larger the apartment, the more votes. The HOA board is elected for a period of two years.

After the expiration of the prescribed period, the board is re-elected by the members of the HOA again according to a similar scheme. The Chairman of the Board can hold this position for a maximum of two years. But during these two years, the chairman can be re-elected by the members of the partnership or independently resign from office.

Lately, many have been talking about the need to organize homeowners' associations in houses. They say that for owners of apartments in high-rise buildings, HOAs are a real panacea for all ills.

Apologists for the creation of HOAs point out that under normal conditions, when the management company is responsible for maintaining the house, homeowners in an apartment building are actually deprived of the right to interfere in solving the most pressing problems of the house. At the same time, they regularly pay for housing maintenance services. This amount includes not only current repairs of the common areas of the house, but also work in the local area. True, as you know, these funds most often dissolve into obscurity. What happens to homeowners' money? Where do they go? Where to look for the truth? There are many more questions in this situation than answers.

In the situation with the HOA, enthusiasts of the new form of house management say, all funds will be in the hands of the residents, and they themselves will be able to make decisions about major repairs, installation of new doors and glass in the entrances.

Indeed, a homeowners' association is a duly registered legal entity, with elected governing bodies, an audit commission and its own current account. All payments received from the residents of the building where the HOA is organized are accumulated in the current account of the partnership. The main governing body of the HOA is the general meeting of residents. Ideally, almost all vital issues are resolved by a general meeting of homeowners through voting.

True, when deciding to create an HOA, it is necessary to fully understand both the pros and cons that joining an HOA brings to a person.

Chairman of the Commission on Local Self-Government, Construction and Housing and Communal Services of the Public Chamber of the Samara Region, Viktor Chasovskikh, notes in particular:

When initiative groups of residents come to me and want to organize a homeowners’ association in their building, I always invite them to soberly assess their strengths.

According to SI experts, the creation of a HOA in an apartment building has not only positive aspects. There are also a number of disadvantages to this method of control.

Minus the first one.

Major renovation

Major renovation of an apartment building is perhaps the main problem preventing the widespread creation of homeowners' associations. The author of the article once jokingly asked the woman in charge of the house: when are we going to create an HOA? And I received a completely expected answer:

Why should we take responsibility for this junk? When our house is completely renovated, we’ll build it right away.

From a layman's point of view, everything is correct. Even logical. But on the other hand, Soviet times, when the state was responsible for the state of the housing stock, have sunk into oblivion. Nowadays the capitalist point of view dominates: property is not only rights, but also responsibilities. If you are property owners, please take care of your property.

But if the receipts take into account the amounts collected for this very repair, then it will take 10-15 years until the required amount is collected. The house may well fall apart during this time. It turns out to be a vicious circle.

In fact, creating an HOA in five-story buildings of the Khrushchev era is not very profitable, says Viktor Chasovskikh. - Currently, the bulk of the population living in these houses cannot be called wealthy. These people simply will not bear the additional costs of major repairs to a house that is more than 30-40 years old.

Minus the second

Birth pangs

Creating a homeowners' association is a responsible and complex process. A difficult point is the state registration of HOAs. In order for the registration authorities to accept documents of a future HOA for consideration, all legal requirements must be met. First of all, when creating an HOA, you should pay attention to such points as the development of the charter of the partnership, holding a general meeting of residents, the voting procedure and drawing up the minutes of the general meeting. An initiative group must be elected to carry out all these activities. These must be literate people. It is desirable that they understand the intricacies of civil and housing legislation. To begin with, the initiative group must ask the city authorities to provide complete data on the lists of all apartments with a mandatory indication of the form of ownership. After this, you can begin preparing for a general meeting of residents of the house. In order for the meeting to be considered valid, the presence of 50% of all owners and tenants, plus one vote, must be present. Only in this case the general meeting is considered legitimate and competent. The attendance of residents at the meeting directly depends on the preparatory work of the initiative group. During it, all residents should be familiarized with the agenda of the meeting and the working version of the charter of the future partnership. During the general meeting, a decision is made to create a HOA, the charter of the partnership is approved, management and audit bodies are elected, and the method of managing the house is determined.

After the general meeting has been held and all constituent documents have been properly executed, an application for registration is submitted to the Federal Registration Service. As you can see, to create an HOA you need to work very hard.

Minus the third

Lack of initiative.

It is at the stage of creating an HOA that one significant disadvantage arises. It's about misunderstanding on the part of residents. Fathers and mothers of homeowners' associations have to deal with imperfect legislation and arbitrariness of the authorities. But the main problem, according to SI experts, remains the resistance of the residents of the house themselves, the owners themselves. They need to prove the usefulness of creating an HOA in the house and convince them to come to the meeting of owners. Therefore, explanatory work becomes one of the important areas of activity. This is what will require the lion's share of nerves and time. We must always remember this.

Minus the fourth

Higher operating fees.

For many, this point is a serious reason to have a negative attitude towards HOAs. Here you need to understand that mandatory utility payments in HOAs are exactly the same as the city average. It’s another matter if the residents themselves decide to “chip in” for improvements or some other needs. Okay, if we are talking about arranging a parking lot, installing locks on the entrance doors or hiring a concierge, these are essentially small costs. However, it may also happen that one of the residents will have a desire, for example, to line the entrance with marble or install a mini-boiler room in the basement coupled with a state-of-the-art heating unit. Here the costs will be very, very significant. True, that’s why there is a general meeting to make decisions collectively, but everyone’s needs and ideas about comfort are really different and disagreements cannot be avoided.

Minus the fifth

Imperfection of legislation

The mechanisms for interaction between homeowners' associations and authorities have not been fully developed. For example, if one of the residents does not want to pay, including mandatory utility bills, debts can only be collected from him through the court. For example, if a member or non-member of the HOA of an apartment building does not pay the costs of payment for residential premises and utilities, then the HOA board can sue him. To do this, a statement of claim for debt collection is drawn up and submitted to the court at the debtor’s place of residence. A case involving property disputes for a claim price not exceeding five hundred minimum wages (minimum wages) established on the day the application was filed is considered by a magistrate. If the price of the claim exceeds five hundred minimum wages, it is filed in the district court. During the trial, the debtor can pledge, hide or sell his property. And then the court decision will be impossible to implement. Therefore, simultaneously with filing a claim, an application for securing it is submitted to the court. The defendant may apply to the court to overturn the court decision. The deadline is seven days from the date of delivery of the copy. The parties can file a cassation against the court's decision in absentia, and an appeal against the decision of the magistrate. In general, as “Manager of the House” knows, until the case is resolved in court, it may take years, and all this time the shortfall will have to be covered by regularly paying residents.

Another problem is related to preferential categories of citizens entitled to subsidies for utility bills. By law, the city must return to the HOA the difference between the payments of beneficiaries and the actual costs of utilities, but in practice this does not always happen.

Minus six

Personnel shortage

Due to the house’s reserves and the competent work of managers, it is possible to reduce residents’ expenses, say enthusiasts of this form of management.

Unfortunately, this does not always happen. More often than not, the opposite situation occurs. The reason is banal - there are simply no competent specialists capable of effectively managing the management of an HOA. And where do they come from? Samara universities do not train such specialists. As a result, anyone can become housekeepers, for example, actors, artists or retired candidates of philosophical sciences. Agree, such personnel will be of little use to the partnership in modern economic conditions.

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

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

Creation of a HOA

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

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

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

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

Step-by-step instructions for creating an HOA

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

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

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

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

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

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

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

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

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

Partnership requirements

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

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

Where to start organizing?

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

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

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

The first stage is resource assessment

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

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

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

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

Stage two – holding a meeting

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

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

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

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

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

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

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

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

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

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

Registration and constituent documents

In order for an HOA to be opened according to the law, it must be state registered with the tax authority. You need a few documents for this:

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

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

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

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

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

Duration of existence

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

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

Minutes of the meeting

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

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

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