Residents of any “high-rise building” can decide at a general meeting to choose one form of management or another. Moreover, citizens are obliged to do this, otherwise the house will be left without maintenance and without the necessary resources. Apartment owners have the right to independently choose a management option from those approved by law.

One of the popular forms of management of apartment buildings is considered to be a homeowners' partnership (HOA). Today we will invite readers to study step-by-step instructions on how to create an HOA in an apartment building in 2019.

In simple terms, we are talking about the association of homeowners in an apartment building. As for the legislative interpretation, the Housing Code of the Russian Federation defines a partnership as a non-profit organization that is created specifically for the disposal of common property within the framework of the law.

Recently, there have been a lot of negative reviews about this form of management of apartment buildings on the Internet. For the most part, complaints are about the dishonesty of the elected chairman and the absence of a full-fledged system of settlements with residents. Sometimes problems arise even at the stage of organizing a partnership.

If we talk about the purpose of creating an HOA, the most important thing is to have open access to finance and the subsequent expenditure of funds on improvement of the adjacent territory and providing citizens with a comfortable stay. If organized correctly, there will be no negative consequences, and on the contrary, people will receive additional opportunities and benefits.

Where to start organizing a partnership?

Organizing an HOA can be fraught with some difficulties. First of all, it is necessary to resolve legal and financial issues. It is important to establish who will handle the paperwork necessary for registering the community, and who will notify residents about the general meeting.

As a help, you can use the Housing Code of the Russian Federation, which describes in detail the procedure for organizing a community, highlighting significant points. All these provisions and requirements must be observed very strictly, since even the slightest violation can cause the organization to be declared illegal.

The most important requirement when organizing an HOA is to conduct a vote of residents. A new organization will only be considered legal when, during a vote, the owners of at least 50% of the living space in the house agree to its creation. The decision to create a partnership is made at the initial convocation, but to complete the paperwork, an initiative group of citizens draws up and sends an application to the municipality.

Procedure for holding a meeting of owners

A pre-formed group of proactive residents takes responsibility for organizing the general meeting. To do this, citizens draw up a convening agenda and send out invitations to the meeting in the manner prescribed by law. It is important that letters are delivered to residents no later than 10 days before the scheduled date.

During this time, these same persons develop the organization’s Charter and prepare special voting forms. During the event, each question is voiced separately, and a vote is taken on each item. All actions of participants and voting results are recorded in a special document - a protocol. At the first meeting, as a rule, the board and chairman of the HOA are elected. This occurs after the decision to form a partnership has been made.

A few words should be said about quorum. The fact is that voting is considered valid only when more than 50% of participants have voted. The voice of each community member has different weight in accordance with the size of the housing owned by the citizen. The larger the apartment, the more significant the voice.

Further steps to create a partnership

After making the necessary organizational decisions, any member of the board has the right to submit the application and documents for registration of the HOA to the tax office. To do this you will need to provide:

• application on form 11001;
• minutes of the board;
• receipt of payment of state duty;
• community charter, prepared in duplicate.

Registration of the submitted application will take up to seven working days. Subsequently, a special commission is formed from members of the board and representatives of the municipality, which carries out the procedure for accepting and transferring the house. Additionally, all necessary technical documentation is prepared and transferred.

Finally, the partnership's managers will need to prepare and send special notices to the Property Management Committee and the Administration's Municipal Utilities Department. Additionally, you will need to open a bank account for subsequent replenishment by residents and spending funds to pay for resources.

Conclusion

The creation and registration of an HOA is a complex procedure with a large number of subtleties and various nuances. To ensure that the completed documentation and the partnership itself are not outlawed in the future, it is necessary to carefully study the primary documentation of the community and take into account all the features of the organization of this form of management of the MKD.

The HOA is formed in accordance with the norms of the Housing Code of the Russian Federation (Articles 130-150) and is a good alternative to 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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The partnership has the right to manage a multi-storey building, taking into account the interests of citizens.

The organization has great responsibility for:

• ensuring proper preservation of the common property of the house;
• supply of quality public services.

The procedure for creating such a legal entity must be initiated by the residents themselves.

What it is?

The creation of an HOA is the organization of the functioning of a legal entity in accordance with housing law and legislation on state registration of legal entities and individual entrepreneurs.

The procedure is public in nature, i.e. To make a decision, the consent of at least 50% of the residents of the house is required.

1. Application for registration of a legal entity.
2. Charter approved at the general meeting of homeowners (2 notarized copies).
3. Minutes of the meeting of home owners.
4. Power of attorney to represent the interests of a legal entity in registration structures.
5. Receipt for payment of state duty.

The state fee is 4 thousand rubles.

Required:

• opening a current account;
• signing an agreement on the transfer of an apartment building to the balance of the HOA, with the consent of the local administration.

Start of operation

According to Federal Law No. 129 of August 8, 2001, a legal entity is considered established from the moment an entry is made in the Unified State Register of Legal Entities.

Making a decision on registration should take at least 7 working days.

Authority

The HOA has the right:

1. With the consent of the apartment owners, dispose of the common property of the apartment building.
2. Independently determine the amount of utilities (but not less than the established tariffs).
3. Carry out preventive and repair work with the consent of the owners.
4. Conclude contracts with contractors.
5. Demand that HOA members pay for services, including for the work of the organization’s qualified personnel.

The powers of the partnership must be clearly defined in the articles of association.

It is prohibited to impose additional services on citizens or to engage in illegal business activities on behalf of HOAs.

Responsibilities

The HOA is obliged:

• carefully manage common household property;
• ensure high-quality supply of utilities;
• draw up an estimate of the costs of maintaining the proper condition of the house.

The organization is also responsible for collecting payments for future maintenance or capital repairs.

Advantages and disadvantages

The advantages of the HOA are:

• in effective management of the house without bureaucratic red tape;
• in the authority to lease common home property and spend funds on repairs of apartment buildings, improvement of the local area;
• the ability of each owner to directly control the financial and other activities of the partnership.

The disadvantages of HOAs are revealed in the fact that abuses by managers, accountants and other persons with access to the finances of the partnership are not uncommon.

Such offenses are often hidden, since most homeowners have little understanding of legal and accounting nuances.

A homeowners' association can be created:

• in any apartment building;

when merging several apartment buildings, the premises of which belong to different (at least two) owners of the premises in the apartment building, with land plots located on a common land plot or several neighboring (bordering) land plots, engineering networks and other infrastructure elements ;

when combining several nearby buildings, structures or structures - residential buildings intended for single-family residence, country houses with or without personal plots, garages and other objects located on a common land plot or several neighboring (bordering) land plots, utility networks technical support and other infrastructure elements.

When creating a partnership, the formation procedure established by law must be strictly observed. This is due to the fact that in addition to the issues that concern all members of the partnership, there are also individual interests of the owners of individual apartments.

Step 1. Gathering information and organizing a general meeting

First, you need to collect information about the owners of all premises of the house. provides information about all the premises available in the house, and in the city of Obninsk - about the owners of the premises.

Next, you need to carry out organizational work for holding the general meeting. A general meeting can be convened at the initiative of the owners of premises (both residential and non-residential). A meeting convened without prior preparation is doomed to failure. In order for the general meeting of homeowners to take place and be legitimate, it is necessary to create an initiative group to prepare the meeting.

To identify proactive citizens who will subsequently form the basis of the initiative group, it is advisable to initially convene a trial general meeting by posting relevant notices (, .doc - 23 Kb) on the entrance doors of the entrances or in the elevator cabins. It is advisable to post announcements at least 10 days before the date of the meeting and monitor their safety during the entire period of preparation for the meeting.

Next, you need to prepare and send out notices about the upcoming meeting to all owners of premises in the house, indicating the persons on whose initiative the general meeting is being convened, the place and time of the meeting, and the agenda of the meeting. The General Meeting does not have the right to bring up for discussion issues that were not stated on the agenda. If one apartment belongs to several persons on the right of shared ownership, then the notice should be given to each of them. If the building contains non-residential premises in addition to apartments (for example, a store on the ground floor), then the notification is sent, among other things, to the owners of these premises.

Notices are sent by registered mail or delivered in person against signature. They must be received by the owners no later than ten days before the date of the general meeting. Copies of notifications, postal receipts and checks for sending them to everyone (if they were handed over in person, then a receipt) should be kept. At the same time, the receipts must contain information that it is the notification of the general meeting that is being sent, and not other postal correspondence. In addition to the information listed in the notice, it is recommended to note that owners, when coming to the meeting, are required to have with them a copy of the certificate of state registration of ownership of the relevant premises.

Step 2. Holding a general open meeting

Full-time

To participate in the voting of premises owners, it is advisable to have several copies of the list: one for registering the owners of premises who took part in the general meeting and one list each for voting on issues submitted to the general meeting. In the lists intended for voting, it is advisable to have three additional columns for voting “For”, “Against” or “Abstained”.

The general meeting is chaired by the chairman of the meeting, who is elected by a majority vote of the present owners of the premises or their representatives. A secretary of the meeting is elected to keep minutes of the meeting.

The decision is made by a majority vote of the homeowners or their representatives present at the general meeting and is documented in minutes. The registration sheet for participants in the general meeting and voting sheets on issues submitted to the meeting at the end of the meeting must be filed with the minutes of the meeting and form a single whole with it. The general meeting is valid if it is attended by the owners of the premises or their representatives who have more than 50% of the total number of votes of the owners of the premises of the house.

At the general meeting, a decision is made on the formation of a homeowners' association, approval of its charter, and members of the HOA board and the audit commission (auditor) of the HOA are also elected. The decision of the general meeting, adopted in the manner established above, is binding on all homeowners, including those who, regardless of the reasons, did not take part in the vote.

If the first meeting turned out to be illegitimate (less than 50% of the owners took part in the meeting, taking into account their share in the total usable area of ​​the house), it is advisable to create an initiative group to prepare the next meeting of premises owners from among the initiative participants of the first general meeting. To facilitate the work, it is advisable, depending on the type of house and the number of rooms in it, to include 1-3 representatives from each entrance into the initiative group.

The initiative group sets a new date, place and time for the general meeting. A newly appointed general meeting may be convened no earlier than 48 hours and no later than 30 days from the date of the previously failed general meeting.

When preparing for the next general meeting, it is advisable for members of the initiative group to conduct a selective walkthrough of privatized apartments to clarify the position of the owners of the premises and their ability to take part in the general meeting. If the owner of the apartment expresses his readiness to take part in the meeting, it is advisable to leave him a written reminder of the date of the meeting and have him sign in the appropriate column of the sheet notifying the owners of the premises about the convocation of a general meeting of homeowners. Notification of a general meeting of owners of building premises can also be sent to the owners by registered mail.

If the owner of the apartment for some reason is unable to take part in the general meeting of homeowners, but at the same time speaks out in favor of creating a HOA, he can issue a power of attorney to a member of the initiative group, his neighbor or any other individual, drawn up in simple written form, with obligatory indicating the last name, first name and patronymic of the owner of the apartment, the total area of ​​the apartment, the number and date of issue of the certificate of ownership of the apartment. Family members of the owner who do not share ownership can also take part in the meeting upon presentation of the appropriate power of attorney.

When holding a regular general meeting, persons who have powers of attorney for voting rights vote on behalf of the owners who issued the powers of attorney.

Extramural

There is an option for absentee voting. In this case, the owners of the premises independently fill out the decision forms and hand them over to the members of the initiative group, which carries out all further work independently. The results of such absentee voting are posted on the information board of the house (or simply on the door of the entrance(s). This voting option can be used for a large apartment building, when it is not possible to gather the majority of owners at the same time in one room, as well as in cases where During the general meeting, decisions were made, but there was not enough quorum for them to enter into legal force.

Those who took part in the general meeting of owners of premises in an apartment building, held in the form of absentee voting, are considered to be the owners of premises in this building, whose decisions were received before the closing date for their reception. The owner’s decision on issues put to vote must indicate:

1. Information about the person participating in the vote
2. Information about the document confirming the ownership rights of the person participating in the vote to the premises in the corresponding apartment building,
3. Decisions on each item on the agenda, expressed in terms of “for”, “against” or “abstained”.

Voting on issues on the agenda of the general meeting of owners of premises in an apartment building, held in the form of absentee voting, is carried out only through written decisions of the owners on the issues put to vote.

Step 3. Approval of the HOA charter

If the issue of choosing a method of managing the house is decided in favor of creating your own HOA, it will also be necessary to prepare and approve its charter (, .doc - 95 KB). Such decisions are made by a majority vote (more than 50% of the total number) of all owners of premises in the house (regardless of whether they came to the meeting or not), on other issues - by a majority vote of the total number of those who came to the meeting.

Before holding a meeting of HOA members, it is necessary to accept applications from the owners to join the partnership, attaching copies of documents confirming ownership of the premises in this house. The General Meeting has the right to make decisions subject to the simultaneous fulfillment of the following conditions:

• if the owners of premises in a given building with more than 50% of the total number of votes took part in it;
• if more than half of the HOA members are present.

The procedure for holding a meeting of members of the partnership is similar to the procedure for holding a general meeting of owners. If the owners who decide to create an HOA do not have the opportunity to hold a general meeting, all the main work falls on the initiative group. Its members will need to visit all privatized apartments in the building, distribute decision forms to the owners, and give instructions on how to fill them out.

The distribution and return of forms must be recorded in registers.

Step 4. HOA registration

When a general meeting of homeowners makes a decision to create an HOA, the initiator of the meeting or a person authorized by the homeowners draws up minutes of the meeting, makes 2-3 notarized copies and submits the documents for registration of the HOA to the tax authority. The powers of the person authorized to register the HOA must be reflected in the minutes of the general meeting.

Registration of a newly created homeowners' association in Obninsk can be carried out by the Federal Tax Service of the Russian Federation No. b for the Kaluga region, located at the address: Obninsk, st. Pobeda, 29.

When state registration of a legal entity being created, it is necessary to submit to the registering authority:

• application for state registration in form No. 11001 (Appendix No. 1) to the Decree of the Government of the Russian Federation of June 19, 2002 No. 439 (as amended by the Decree of the Government of the Russian Federation of February 26, 2004 No. 110),
• the decision to create a homeowners association in the form of minutes of the general meeting (original or notarized copy),
• 2 copies of the homeowners association charter (bound, numbered and approved by the general meeting of homeowners),
• a receipt for payment of the state duty for registering a partnership (2000 rubles) must be transferred to the settlement of the Federal Tax Service of the Russian Federation 14 No. 6 for the Kaluga region.

Only members of the HOA can be elected to the governing bodies of the HOA.

Step 5. Opening an account and sending the necessary notifications about the creation of an HOA

After registering the partnership, it is necessary to open an HOA account in the bank and provide information about the creation of the partnership to the previous balance holder of the house. The transfer of the house to the management of the HOA is carried out by a specially created commission, with the participation of representatives of the municipality and the management bodies of the HOA. The building is transferred to the balance sheet of the HOA according to the acceptance certificate with the attachment of technical documentation for the building, in accordance with the rules and regulations for the technical operation of the housing stock, approved by Resolution of the State Committee of the Russian Federation for Construction and Housing and Communal Services No. 170 dated September 27, 2003.

The transfer of an apartment building to the balance sheet of a management organization authorized by the owners does not lead to a change in ownership rights to residential and non-residential premises.

After accepting the house into the management of the partnership, it is necessary to send appropriate written notifications to the Property Management Committee of the city of Obninsk and the Municipal Services Department of the City Administration.

Step 6. Holding a meeting of HOA members

At the first general meeting of HOA members, the agenda should include a discussion of the voting procedure (determining one vote), the election of the board and its chairman, as well as the audit commission (auditor).

The law does not establish how one vote is determined at a general meeting of members of the partnership, so this gap must be filled by the members of the HOA themselves.
The following options are possible:

• the number of votes that each member of the HOA has is proportional to his share in the ownership of common property in the apartment building;
• each member of the HOA - one vote;
• the number of votes that each member of the partnership has is equal to the number of premises owned by him (one apartment - one vote);
• other options at the discretion of the HOA members.

Decisions on agenda items are made by a majority vote of the total number of HOA members present at the meeting. The holding of a general meeting of partnership participants is completed by drawing up minutes, which are signed by the chairman of the meeting and his secretary or each member of the HOA present at the meeting.

After voting at the general meeting, the initiative group must count the number of owners who voted “for” and “against”. The results of each general meeting and the decisions made at it are reflected in a written document - the minutes of the meeting, which is signed by each member of the HOA. It is advisable to indicate in the protocol:

• information about each person who took part in the general meeting of premises owners;
• information about the document confirming the ownership of these persons;
• data on the voting results of each of these persons (for, against, abstained) on each issue.

According to the requirements of current legislation, the initiators of the meeting must post information about all decisions made by the meeting, as well as the voting results, in the place of the house determined by the meeting. For example, on the information board at home (or simply on the entrance door(s).

To complete the procedure for creating a partnership, a decision is necessary on the composition of the HOA board and its chairman.
These decisions can be made at a general meeting of apartment owners, but it would be more correct to discuss these issues at a general meeting of HOA members, since not all owners become members of the partnership (joining the HOA is voluntary).

Step 7. Conclusion of contracts

An established and registered HOA has the right to enter into agreements with utility service providers and specialized contractors, acting on behalf of the owners of an apartment building, as well as charge appropriate payments for the provision of housing and utility services to owners, tenants and tenants of building premises, in accordance with current legislation.

Nuances

• Owners of premises in an apartment building have the right to create only one homeowners’ association.
• The number of persons who created the partnership must exceed 50% of the total number of apartment owners.

Therefore, if, after the decision to create an HOA is made, the owners who collectively have more than 50% of the votes do not join it, the creation of the HOA will be considered illegal.

If necessary, for clarification on the procedure for organizing the activities of the HOA, you can contact the Administration of the city of Obninsk in the Department of Municipal Services, located at the address: pl. Preobrazheniya, 1, room. 116, tel. 5-82-28.

According to the Housing Code of the Russian Federation, a special organization can be created in apartment buildings to represent the interests of the owners and serve as a governing body. This organization is called a homeowners association. The legislative framework clearly states how to create an HOA in an apartment building, what steps need to be taken for this, and how to prepare the documents.

Purpose of HOA and functions performed

The activities of the HOA cover many issues related to the organization of repair work and reconstruction of apartment buildings, the introduction of any new procedures, quality control of services provided by public utilities and contracting firms, and payment of various bills.

Homeowners can organize their own HOA for the following reasons:

• dissatisfaction with the services provided by the management company;
• the cost of utilities is too high;
• dissatisfaction with the relationship with the management company, their ignoring of complaints and requests from the owners.

One of the important rules for organizing an HOA, both from scratch and instead of the old management company, is the consent of more than half of the residents of the house. Alternatively, it is possible to organize such a partnership for several houses located in close proximity to each other, which is now increasingly practiced.

Creating an HOA has two main advantages that force owners to switch to this form of management:

• emerging tasks related to building repairs, replacement of communications, reconstruction of individual parts of the building can be solved both on their own or by hiring contractors;
• When concluding agreements with any organizations, you can independently monitor their activities and, if necessary, request a report on the use of the transferred funds.

It is worth noting that you can register an HOA both in a new building and in an old house; in addition, this form of management is allowed to be created even in cottage villages.

A separate law provides for the possibility of creating a partnership in one entrance (private practice shows that such cases can occur if residents of one entrance wish to create it, and the owners of apartments in others are categorically against it).

You need to know that one house cannot be managed by several partnerships - that is, if one or more entrances of the house are already subordinate to the created HOA, then the creation of another without liquidating the first is prohibited.

Actions prior to HOA registration

In order to correctly register an HOA, it is necessary to ensure the availability of the following documents:

• minutes of the residents' meeting;
• a copy of the approved charter of the partnership;
• minutes of the meeting at which the chairman of the board was elected;
• bank receipt confirming payment of the state duty.

Step-by-step instruction

The initial steps taken to open your own HOA are as follows:

After the meeting on the organization of the HOA and the approval of its head, the main document of the partnership - the Charter - must be considered.

This document must contain all information relating to the creation, operation and liquidation (if such a procedure is necessary) of the HOA and consists of the following points:

• general provisions of the organization;
• the purpose of creating the partnership;
• legal status on the basis of which the HOA operates;
• property rights of residents and their area in the house, the residents of which organize the HOA;
• the existing capital of the partnership, and the property that, after legal registration, will be entrusted for management;
• features of economic activity;
• conditions and nuances of membership in the partnership;
• the rights of HOA members, as well as their responsibilities (board members and the manager himself are not taken into account here);
• designation of board members, as well as the manager (head of the HOA);
• an indication of the special details of the meeting at which the charter was approved;
• possible ways to reorganize the partnership;
• actions taken if there is a desire to liquidate the HOA to create a new or further reassignment of the management company.

When approving the charter, it is also necessary to comply with the condition of affirmative votes in the amount of at least two-thirds of all residents of the house.

The text of the Charter should be drawn up as simply and clearly as possible, in order to avoid double interpretations and not contain clauses that contradict articles of housing legislation.

Video: “City Report”: About the creation of a HOA

After completing all the established procedures, you can proceed to the immediate registration of the partnership. What is needed to carry out this procedure?

The chairman elected by the meeting submits an application for legal registration to the tax office. faces. In this case, the following documents are provided:

• personal passport of the chairman;
• a copy of the minutes of the residents' meeting, certified by a notary;
• charter of the HOA, certified by a notary;
• a receipt confirming payment of the state duty.

Further actions after official registration are as follows:

• ordering a seal - it is mandatory for further activities, concluding contracts with organizations and signing agreements;
• opening a bank account (can be done in both a state and a commercial bank). It is necessary for making payments to organizations that will provide services related to the arrangement, repair and reconstruction of a house. Residents can also pay for services provided by transferring monthly funds to this account;
• transfer of houses to the balance of the partnership and transfer of existing funds to an open account;
• hiring workers and personnel necessary for servicing. These can be either individuals or contractors. Regardless of whether it is an individual or a company, contracts are concluded with all of them.

Thus, the creation of a homeowners’ association is a very real procedure, for which it is necessary to carry out the actions provided for by law. The creation of such an organization allows owners to more carefully control the process of maintaining their home, the distribution of funds allocated for this and the work performed.