Homeowners' association as a way to manage an apartment building. Pros and cons of the direct method of managing an apartment building Homeowners' Association and other methods of management

What is an HOA in an apartment building?

This term means non-profit an organization created by apartment owners to manage them () and is established at a general meeting.

Even when a residential building is still under construction, owners can already (Article 139 of the Housing Code of the Russian Federation). This organization can also be reorganized into a housing construction cooperative ().

An apartment building homeowners' association is essentially nothing more than entity. That is, according to the standards established for this, it has its own legal address, a special seal, and bank accounts.

Another problem with this type of government is its inflexibility. As can be seen from the previous example, for every decision, even the simplest one, at least five people are needed - so that it is at least simply legal. Efficiency often suffers as a result.

Moreover, experts note that board members must be constantly re-elected. And the leadership of the organization should.

The problem is also different views of owners regarding management building or use of the local area. For example, some plant flowerbeds and bully dog ​​owners in every possible way, while others say that there is no need to create courtyards that can only be admired, etc.

The chairman is elected for the period specified in the constituent document. It provides regular information to the tax office; concludes contracts, maintains organization records.

If chairman for some reason it was not possible to elect, he is appointed.

Rights and obligations of HOA members

The first includes:

• opportunity disposal of your property without agreement with other members of the organization;
• participation in meetings, make proposals to improve the quality of accommodation or the effectiveness of the board;
• access to common property;
• elect board members and declare your candidacy yourself.

As for responsibilities, these are:

• use the house in accordance with sanitary and fire safety standards, as well as other legal requirements;
• on time and completely;
• fulfill legal requirements related to the management of the organization;
• participation in content; construction; major home renovation.

• establish the amount of payments for housing and communal services;
• prepare estimates;
• sign documents on the provision of various services, including the management of the house and the maintenance of common property;
• provide ;
• carry out legal actions with premises that are the property of this organization;
• acquire real estate in the ownership of the organization;
• provide part of the common property for the use of third parties.

When exercising rights, the partnership considers whether this will affect the legitimate interests of other persons, in particular the residents of the house.

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IP Perminova Olga

It has been almost 17 years since the Federal Law “On Homeowners' Associations” was adopted on June 15, 1996 (it is currently no longer in force). In 2004, this form of management was enshrined in Housing Code of the Russian Federation. In 2011, serious changes were made to the Housing Code of the Russian Federation.
What is an HOA? What are its pros and cons?
U HOA there are both supporters and opponents. Some think that this is an opportunity for joint management of common property in an apartment building, others that this is another form of deceiving residents and extracting their hard-earned money.
I want to try to help you understand what an HOA is, what its essence is and whether it is necessary, and if necessary, why?
A homeowners' association is a form of association of citizens who own residential premises in apartment buildings. The purpose of creating an HOA in accordance with the Housing Code of the Russian Federation is joint management of a complex of real estate in an apartment building, ensuring its operation, ownership, use and disposal of common property within the limits established by law.
An HOA implies the application of the principle of joint management of its property - real estate. The owners (Residents) of the house take upon themselves the resolution of all issues related to the maintenance of the apartment building. In this case, by creating an HOA, it is assumed that they will take measures to ensure an effective and efficient way of managing their property.
Dealing with emerging problems regarding the maintenance and servicing of your property alone is practically an impossible task, but if you are united and your interests are represented by a professional, the chance of solving the problem increases many times over. These are not just words.

I will give examples of numerous defense of the interests of an HOA, in a building in which there is an HOA and which I manage: Representation of interests in court and reduction of claims, organizations, debt collection from negligent owners, prompt resolution of ongoing requests and interaction with and much, much more.

Moreover, all activities are controlled by the residents themselves, their representatives in
Rights and obligations of the HOA
The HOA has the right:
enter into an agreement for the management of an apartment building, agreements for the provision of utility services, agreements for the maintenance of common property and other agreements in the interests of members of the partnership;
determine cost and income estimates for a year, special contributions and deductions to the reserve fund, costs of reconstruction and major repairs, costs for other purposes in accordance with the charter of the partnership;
based on accepted income and expense estimates the partnership for a year establishes the amount of payments and contributions for each owner of premises in the house in accordance with his share in the common property;
perform work for the owners of premises in the house and provide them with services;
sell, transfer for temporary use and exchange property belonging to the partnership.
If the owners of the premises fail to fulfill their obligations to participate in common expenses HOA has the right to demand in court forced compensation for obligatory contributions and payments, as well as for losses caused to the partnership.
If this does not violate the rights and legitimate interests of the owners of premises in the house, The HOA has the right:
provide part of the common property for use;
build on or rebuild part of the common property;
receive or acquire land plots for use or common shared ownership for the construction of residential, commercial and other buildings for the purpose of their further exploitation;
enter into transactions and perform other actions that meet the goals of the partnership.
Because the HOA– a non-profit organization, it has the right to engage only in those activities that are permitted in charter of the partnership.
The responsibilities of the partnership include:
fulfillment of requirements Housing complex of the Russian Federation, other federal laws and the charter of the partnership;
concluding agreements on the repair and maintenance of common property with the owners of premises in the house who are not members of the partnership;
fulfillment of obligations under contracts;
ensuring proper sanitary and technical condition of the property;
ensuring that all owners of premises fulfill their obligations for the maintenance and repair of property in accordance with the size of their shares in the right of common ownership of this property;
taking measures to prevent actions of third parties that impede the ownership and use of common property by owners;
representation of the legitimate interests of premises owners, including in relations with third parties.
Rights and obligations of HOA members
You can become a member of the HOA after acquiring ownership of residential premises in the building where it exists. But this is not an obligation - having bought housing in such a house, you will not automatically become a member of the partnership. However, lack of membership does not exempt you from participating in the costs of maintaining and operating the house and paying for utilities.
Become a member HOA possible by submitting an application to join the partnership and presenting a certificate of state registration of ownership of the premises. The decision to admit an owner to the partnership is made at a general meeting.
Owners who have not entered into HOA, must conclude an agreement with him on the transfer of powers to the HOA for the supply of utilities, for the management of the house for the maintenance and repair of common property. The Partnership does not have the right to impose on such people any additional obligations, except for those enshrined in the Housing Code of the Russian Federation and other legal clauses and regulations.
Voluntary membership HOA presupposes a free exit from it. The procedure for exit must be provided for in the charter, since LCD does not contain provisions on this. After the sale of housing or the completion of another transaction that entails the termination of ownership rights to it, membership in the HOA is also terminated.
If a member of the partnership systematically fails to fulfill his duties or in any way interferes with his work, he may be expelled from the membership of the HOA, and may also be brought to administrative or civil liability in accordance with the legislation of the Russian Federation.
A member of the partnership has the right:
dispose of your property without agreement with other owners;
in accordance with the requirements of the charter and legislation, use common property for its intended purpose on the terms of common ownership, use and disposal;
participate in decision-making related to the management of the house, personally or through a representative;
make proposals to improve the activities of the partnership and eliminate shortcomings in its work;
elect and be elected to the management bodies of the partnership.
Members of the partnership are obliged to:
take part in general meetings
carry out requirements Housing Code of the Russian Federation, Civil Code of the Russian Federation and the charter of the partnership;
comply with technical and fire safety standards, sanitary rules for maintaining the house, local area and residential premises;
make timely payments for utilities, as well as special fees and targeted contributions in the amounts approved by the general meeting of HOA members;
participate in the costs associated with the maintenance, operation, construction, reconstruction and major repairs of an apartment building in accordance with the size of their share in the common property.
The partnership is liable for its obligations with all its property. In the same time HOA is not responsible for the obligations of its members, and the members of the HOA do not meet their obligations HOA.

To create favorable and safe living conditions for citizens in apartment buildings, proper maintenance of common property in an apartment building, resolving issues related to the use of said property, as well as providing utilities citizens living in such a house The HOA has the right: manage on one's own, transfer control Management company or Individual Entrepreneur, or involve an individual, an employee, in management Manager, within the framework of the cost estimate approved by the General Meeting of HOA members..
If in an apartment building not created association of homeowners or this building is not managed by a housing cooperative or other specialized consumer cooperative and at the same time there are more than four apartments in this building, the owners of premises in this building at their general meeting are required to elect

In order for all communications and other common property of the owners of an apartment building to function as expected, competent management is required. This cannot be avoided if residents want to maintain the normal condition of the building and its structures. We will tell you how to choose a method for managing an apartment building.

In accordance with housing legislation, apartment owners must decide on the method of managing the house. This happens by holding a general meeting with the owners of residential premises.

Most significant issues are resolved at the meeting. Every owner has the right to express their opinion. Everything that happens at the meeting of residents is recorded in the minutes.

In order for the decisions made at the event to be completely legitimate, the order of the event must be followed. Most often, decisions are declared illegal for the following reasons:

• more than 50% of apartment owners were absent from the meeting;
• the voting forms do not contain the data required by law;
• the requirements for the process of notifying owners about the meeting and voting were not met;
• the agenda does not correspond to the issue raised at the meeting and put to vote.

Owners of residential premises must decide within a year. If the owners cannot decide on the choice of management method, the municipality will independently resolve this issue by appointing a management company on a competitive basis.

This is explained by the fact that the local administration is responsible for the safety of citizens. In addition, some premises in the house may belong to the municipality. Therefore, if residents do not want to let this matter take its course, it is necessary to choose a management option.

Methods of managing an apartment building according to the Housing Code of the Russian Federation

Methods of managing an apartment building include:

1. , if the building has no more than 30 apartments.
2. Management through a HOA or housing cooperative.
3. Maintenance of the house by the management company.

Each management method has its pros and cons. However, they all imply the responsibility of the manager for the maintenance of the house, as well as the receipt by homeowners of the necessary housing and communal services (water supply, gas supply, electricity and maintaining cleanliness in the local area).

Direct way to manage an apartment building

This form is provided for in Article 161 of the RF Housing Code. Direct management is carried out independently by apartment owners without the involvement of any organizations. All expenses arising in the process of ensuring the proper condition of the building and communications are borne solely by the residents.

The pros and cons of direct control are given in the table.

The transition to this form of management is carried out in three stages:

1. An initiative group is being formed.
2. A general meeting is held.
3. Contracts for the supply of resources are concluded.

A group of proactive and active people will have to prepare for the general meeting of residential property owners. Activists need to explain the essence to other residents and find out which method of management seems more acceptable to them.

Each owner of the premises will be required to provide notice of the location of the general meeting at least 10 days in advance. The notification is drawn up in writing and sent personally to each owner against signature (possible by mail or personal visit).

The decision to choose a management method is made by a majority of voters. The agenda should include discussion and resolution of the following issues:

1. Residents' consent to direct management.
2. Nomination of a candidate who will represent the interests of owners in communications with third-party organizations.
3. Concluding contracts for the provision of services and resources.

With this method of management, it will be necessary to personally conclude contracts with those companies that will become suppliers of vital resources. This task can be assigned to one representative of all owners.

To implement this, the representative must have the minutes of the general meeting with the decision to adopt a direct method of management, as well as powers of attorney certified by a notary.

If the building has no more than 12 apartments, then the owners are responsible for the maintenance and repair of the common property themselves. For a larger number of residential premises, an agreement will be required with a third-party company.

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Residential complexes and homeowners associations as management methods

A homeowners' association (HOA) is an association of owners for management purposes. A housing cooperative (LC) is an association for the construction of a residential building and its subsequent use.

Through the HOA, work is carried out on the repair and maintenance of common property, the provision of housing and communal services, as well as other management activities. At the same time, owners have the right to carry out some work themselves. For example, keep hallways clean.

The pros and cons of HOAs are presented in the table.

The HOA has every right to carry out commercial activities. This is one of the main advantages of this method of management.

Management Company

This is the most popular way to control a home. By concluding an agreement with the management organization, conditions are created for performing the entire necessary range of services to maintain the condition of the house at the proper level.

Such a method must also be approved by the general. Residents must independently study existing organizations and choose the appropriate one.

An agreement is concluded with the selected company for a period of up to five years. If the quality of work and services is inadequate, it may be terminated early. The text of the contract must indicate:

• a complete list of works and services;
• the procedure for making adjustments to the contract;
• address of the apartment building;
• composition of property;
• methods for monitoring the fulfillment of obligations assumed by the management company;
• the amount and procedure of payment for the provision of services;
• amount and procedure for payment for repairs of premises and utilities.

The management company represents the interests of the owners in all instances and enters into the necessary agreements with other organizations.

All house maintenance work is carried out on the basis of an annual management plan. At the end of the year, the owners are provided with a report on the work done.

The pros and cons of hiring a management company are presented in the table.

Since 2015, management companies must have a license to carry out such activities. The presence of a license indicates that the organization fulfills its duties in a timely manner and complies with all legal requirements. Otherwise, the company may be deprived of its license and excluded from the general register.

How do you choose a home control method?

To begin with, a group of activists is created that is preparing for a general meeting of residents. It is necessary to ensure the attendance of more than 50% of owners.

If, based on the results of the meeting, direct management or cooperation with the management organization was chosen, then it will be necessary to conclude agreements with suppliers of the necessary resources or with the company. If an HOA is created, you will need to go through the procedure of registering a legal entity with the Federal Tax Service.

The meeting may be held in person or in absentia. In the first case, the personal presence of the owners of residential premises is implied. This is rational if there are few apartments in the house. In absentia form, the owners convey their decision on paper (using a questionnaire or ballot). Subsequently, the results are entered into the protocol.

If you have any questions, please seek legal advice. You can get legal assistance on our website.

Now you know how to choose a method for managing an apartment building. Particular attention should be paid to the characteristics of each option and the procedure for holding a general meeting of residents.

Who should do this: residential property owners or hired professionals? The state has given owners of square meters in a building the opportunity to independently choose how to manage their high-rise building.

Owners of residential premises can act:

• on your own;
• creating an HOA;
• by appointing a management company (MC).

The management method is chosen by the homeowners at a general meeting. They can also change it to another, more profitable, in the opinion of the majority.

Direct management of an apartment building

This is a collective form of management. It provides for the direct participation of residents. That is, each owner of residential square meters independently cooperates with organizations servicing real estate properties. With this method, the presence of a criminal code is not necessary. But in practice it is most often present.

In case of direct management, there is no need to create a legal entity. The house manager or house committee manages the high-rise building. All issues related to its maintenance are discussed at the general meeting.

According to Art. 164 of the Housing Code of the Russian Federation, homeowners have the opportunity to choose their representative to act on their behalf and protect their legal rights. He is authorized to sign agreements and cooperate with various companies, organizations and government agencies. Such a representative of the interests of homeowners can even be a person whose property does not have square meters in a high-rise building.

With direct management, only direct contracts can be concluded. Every owner of residential square meters does this.

The chairman of the house council is given the authority to enter into contracts on behalf of all owners. To do this, they must issue a notarized power of attorney in the name of the elder in the house.

In order to sign agreements with the other party without intermediaries during direct management, the following documents are needed:

• a copy of the minutes of the general meeting of property owners, the decision of which established the method of management in the apartment building;
• a copy of the document according to the decision of which an authorized representative or chairman of the house council was elected, interacting with companies supplying utilities and resources on behalf of all owners;
• a copy of the registration certificate for the MKD;
• statement to the director about signing direct contracts.

Direct management of an apartment building: pros and cons

Advantages

• Homeowners must renegotiate utility payment agreements themselves. This is beneficial for the owners of square meters, because they are responsible only for themselves and will not suffer losses due to the oversight of the management company or due to its debt. In this case, residents will make all payments directly to service providers.
• When there are no intermediaries, no one will have the opportunity to attribute extra amounts and no one will be able to make a typo in their favor and to the disadvantage of the homeowner.
• Apartment owners are responsible for the debt. In this case, the neighbors of the debtors will not suffer in any way. All payments are clear, the cost of additional services is shared among all residents of the house. Issues of putting things in order, re-equipment and other problems are discussed and resolved together.
• To keep a high-rise building in excellent shape, you need to perform technical work. This is done by the property owners themselves and at their expense, or with the help of a hired company. At the same time, you need to take care of signing a correctly drawn up document, which clearly stipulates the list of services provided and the terms.

Flaws

• Actions aimed at improving the local area and common areas are only voluntary. For example, if most residents want to equip their entrances with video intercoms, but some apartment owners refuse, it is impossible to force them to pay. Therefore, it will be necessary to proceed from the amount that was collected.
• Electing a house representative can also be a challenge. He is responsible for drafting documentation and other aspects. But, since this is an unpaid position, with this method of management it is quite difficult to find someone willing to take it.
• Each entrance has approximately 15 apartments. Their residents themselves renegotiate contracts with service providers and then pay the cost of the services provided. Someone must control timely payments.
• A big problem can be the quality of the services provided. Their suppliers are legally chosen by homeowners themselves. If the quality of the supplied resources or deadlines are violated, care must be taken to ensure that the terms of the signed agreements are respected. It is often difficult to find a person among the residents who will monitor the implementation of agreements.
• A house that has been transferred to direct management should not depend on the municipal budget. In this case, it is impossible to receive help from representatives of local government or the state in the form of implementing social programs. For example, if it is necessary to install a playground for children or a ramp for the disabled, residents will have to do them using their own funds or efforts. At the same time, all technical standards provided by the state must be observed.
• Questions may also arise when maintaining documentation. Some residents approach this irresponsibly or have poor understanding of financial statements.
• The house cannot qualify for city money, which is allocated for ongoing and major repairs. These expenses fall on the shoulders of the owners of square meters in a high-rise building.

Direct management of an apartment building in 2016. Changes

Federal Law No. 255, in force since 2015, has limited the options under which residents are granted the right to direct management in a high-rise building. It is allowed only in apartment buildings where the number of households does not exceed sixteen. In order to transfer the rights and responsibilities in the administration of homeownership from apartment owners to the management company, all apartment owners, without exception, need to draw up a document between the management of the apartment building and the organization that they choose. The terms of this cooperation are determined, agreed upon and fixed by the owners of square meters in the minutes of the general meeting. The agreement is concluded and drawn up in writing. It provides equal rights for all apartment owners.

The current legislation of 2016 stipulates that if the term of such an agreement has expired and its parties do not intend to terminate it, then the management agreement in the MKD automatically continues to be valid on the same basis and for the same time.

If an apartment building is managed directly by residents and they have jointly elected one of the apartment owners as their authorized representative, then, according to the legislation of 2016, this person can exercise his functions without having a power of attorney.

If homeowners in an apartment building have chosen an authorized representative who is not the owner of square meters in the house, then in order for him to exercise his powers, he needs a power of attorney from the homeowners. The laws of 2016 established a simple written form for this type of agreement. An approximate version, if necessary, will be provided by specialists.

Management of an apartment building by a management company

The management company is a commercial legal entity that assumes the right to manage the property of the apartment building by decision of the general meeting of property owners. The management organization creates the necessary conditions for life in a high-rise building and provides its inhabitants with housing and communal services. She represents the interests of residents.

Management companies operate in accordance with the norms of all-Russian laws, the Civil Code of the Russian Federation and under agreements on house management in apartment buildings. The Russian Housing Code only talks about the management organization.

Legal entities that manage housing stock are most often independent entities. They have their own balance sheet, bank accounts, seal, documentation, stamps and other details.

Who orders management services?

• Owners of real estate in apartment buildings (individuals and legal entities of the Russian Federation, municipalities owning part of the square meters in the building).
• Homeowners' associations (residential complexes, housing cooperatives, homeowners' associations).
• State authorities, constituent entities of the Russian Federation (regional authorities, local government that owns real estate in the house).

How do property owners in apartment buildings choose a management company?

This is done using:

• competition;
• list, which is prepared by the initiative group.

When the management company is finally selected, an agreement is signed between the parties (the management company and the owners of the property in the high-rise building).

If the owners of square meters have not decided, within the time established by law, how to manage the apartment building, then the local government body holds an open competition in order to select the management company in accordance with Resolution No. 75.

If the customer for the services of a management company for managing an apartment building is a homeowners association (housing association, residential complex), then the direct management of the apartment building is carried out not by the management organization, but by the listed partnerships of real estate owners. But even in this case, the HOA and the management company sign an agreement among themselves. It may stipulate detailed terms of interaction - greater or lesser than those provided for in Article 162 of the RF Housing Code.

HOA house management

Another form of management in apartment buildings is the formation of a housing cooperative or homeowners' association (HOA). The general meeting of property owners creates an organization that does not conduct business activities (cooperative or HOA). Its main function is to serve the high-rise building.

The HOA has its own bank account, its own seal and represents the interests of the property owners in the building to third parties.

The main law defining the functions of HOAs is Article 161, Section 8 of the Housing Code of the Russian Federation.

All current issues are resolved at general meetings of members of the organization. They

• make changes to the Charter;
• make decisions about reorganization and liquidation;
• elect governing bodies;
• conclude contracts and other agreements with the management company;
• determine the amount of payments;
• decide how to use funds, whether to obtain loans and credits;
• evaluate the activities of the board;
• pay for the work of the organization’s management;
• rent out the material assets of the house.

The HOA board is its executive body, which is elected by the meeting. In its activities, it is guided by the charter, which regulates the powers of this body, the frequency of meetings, and the time of activity.

The HOA Board performs the following functions:

• signs contracts with specialists;
• controls fundraising;
• reports on the expenditure of money and the effectiveness of financial and economic work;
• convenes and conducts meetings;
• maintains documentation: notifies about the planned general meeting of members of the organization, keeps minutes, draws up meeting decisions, lists of participants;
• contains in acceptable condition the material assets on the balance sheet of the HOA;
• monitors compliance with obligations by property owners and protects their rights during the operation of common property;
• represents the interests of the owners of square meters in the building.

The HOA is authorized to enter into an agreement with any organization to manage the work. In this case, all the necessary functions will be carried out by professionals who have all the technical capabilities for these tasks. All rights and obligations of the parties are prescribed by the agreement. Management services are paid for from the general treasury of the HOA.

Today, there are more and more conflicts between management companies and apartment owners. Attentive payers regularly encounter the management company’s dishonest attitude towards their responsibilities, exaggeration of amounts in receipts, and reluctance to make contact with residents.

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The Housing Code of the Russian Federation provides for several types of management of a housing complex. A method of managing a house by the residents themselves is gaining popularity - uniting in a Homeowners' Association. There are many advantages to this form of housekeeping; it is enough just to mention the cost-effectiveness and transparency of services and tariffs. How to organize a homeowners association in an apartment building? What do you need to organize a homeowners association? We will talk about all this in today's article.

Important! Organizing an HOA takes a lot of time and effort. Competent formulation and implementation of the Partnership’s goals requires sufficient awareness in the economic and legal sphere.

Is it possible to create an HOA in an apartment building on your own?

Where to start organizing an HOA? An HOA can be organized either in a separate apartment building or in several apartment buildings or land plots united by the same territory.
Difficulties in creating an HOA in an apartment building are associated with:

• with the collection of information about the owners of residential premises;
• strict adherence to the legal procedure for the formation of HOAs;
• holding votes;
• organization of general meetings;
• maintaining documentation;
• filing tax reports;
• settlement of financial and legal issues, etc.

Legal issues of all areas of management-related activities are prescribed by the Housing Code of the Russian Federation. For the legality of organizing an HOA, the owners of more than 50% of the total square footage of the house in which it is created must join the said Partnership. Residents who have not joined are required to comply with the instructions adopted at the general meeting, without the right to vote.

An initiative group (minimum 5 people) is created from among the apartment owners. Preparatory documentation implies an application from the initiative group to the City Administration and the formation of an initial general meeting to adopt the charter of the HOA.

Instructions for creating a HOA in an apartment building

The correct execution of certain operations in the sequence specified by law is the most important component of the successful creation of a functioning Partnership. Below are detailed descriptions of all the steps on the way to how to organize an HOA in your home.

Step 1 – collecting information and organizing a preliminary meeting of residents

The first priority when contacting the Administration is to request information about the residents: a list of apartments, form of ownership and square footage of each apartment. The second important part is the appointment of a City Representative in the Partnership.

At the first meeting, the issue of choosing the management of the house, acceptance or rejection of the further formation of the HOA is decided. The primary general meeting implies the presence of all residents of the house and the participation of the City Representative. In this regard, preparation for the meeting requires written notification of all participants and preparation of the agenda. These steps will be the first on the path to creating an HOA in an apartment building.

Step 2 – holding a general meeting

A group of proactive owners, on whose shoulders the main work of conducting the work of the Partnership will fall, is usually already partially formed at the preparatory stage. She sends out invitations, prepares the agenda, develops the future charter of the HOA, creates rough minutes of the meeting, and creates voting forms.

The meeting is necessary to discuss all issues, explain to each resident the advantages and necessity of the HOA, vote for the adoption of this form of management, adopt the charter and elect board members.

Voting may take place in absentia. In this case, each resident is given time to decide. The possibility of absentee voting should also be provided for by the charter. Voting forms are prepared for each member of the meeting or for each item on the agenda. Voting points must have three options:

• “For” (agree)
• “Against” (disagree)
• "I abstain."

The votes are counted not by the number of people who took part in the vote, but by the total area owned by the residents. That is, the owner of an apartment with an area of ​​70 m2 has a larger percentage of votes than two owners of apartments of 30 m2 each. It is at this meeting that the forms of management of the residential apartment building of the HOA are also decided.

Step 3 – HOA registration

Submission of a package of documents for registration of a HOA of an apartment building can be carried out on behalf of any of the board members. Registration of HOAs is carried out by the Federal Tax Service on the basis of the following documents:

1. Minutes of the meeting(or its notarized copy). The choice of the HOA as a form of management and the creation of the HOA are issues on the agenda included in the protocol. The protocol is the most significant document on this list.
2. Charter of the Partnership. Its final version, approved at the general meeting. In 2 copies.
3. Minutes of the HOA board, certified by the signatures of all members of the board. (With information on the selection of the Chairman)
4. Statement established form on registration of a legal entity (form 11001).
5. Receipt, confirming payment of the state duty in the amount provided for by the Housing Code of the Russian Federation.

Important! The registration result is processed by the Federal Tax Service within 7 days from the moment the documents are accepted for consideration.

Step 4 – opening an account and transferring the house

The house is transferred to the management of the HOA on the basis of an acceptance certificate with the participation of a special commission, including representatives of the municipality and members of the HOA management. The act is accompanied by technical documentation for the building, in accordance with the rules and regulations for the technical operation of the housing stock.

The transfer of a house to another form of management does not change the property rights for the owners of the premises. Notifications about the acceptance of a house into the management of the HOA must be sent to the City Administration Department and to the Property Management Committee.

Important! Opening a bank account must be in the name of a legal entity.

You should definitely notify the previous balance holder of the house, providing him with information about the creation of the Partnership and the transfer of the house to the balance sheet of the HOA.

Step 5 – holding a meeting and concluding the necessary agreements

After completing the previous steps, it’s time to start resolving pressing issues - the distribution of responsibilities among board members, the appointment of those responsible for certain areas of activity. Drawing up the duties of the chairman of the homeowners association in apartment buildings. The partnership independently deals with the provision of services for garbage removal, cleaning, repairs and home improvement. Such issues are resolved by voting at a general meeting.

Depending on the agenda of the voting results, residents make a decision on which services must be concluded with the companies providing them. At the same stage, all necessary contracts with service organizations are concluded.

Pros and cons of HOAs

The advantages of this form of government include, first of all, the absence of “cheating” on the part of the management company. The following opportunities provide secondary benefits:

1. Control of all expense items, the ability of any HOA member to monitor the movement of finances;
2. Determining the actual timing, costs and volumes of major home repairs;
3. Ensuring timely and high-quality cleaning of common areas, entrances, and local areas;
4. Regular garbage removal;
5. Installation of heat, water, gas and electricity meters, which leads to lower tariffs and control over resource consumption;
6. Safety of property, careful handling of it by assigning responsibility to each resident, etc.

The disadvantages are as follows:

1. It is necessary to collect the required number of residents joining the Partnership.
2. All maintenance and management decisions are made only by popular vote. Organizing a vote is a hassle.
3. The meeting is not considered to have taken place if half of the residents fail to appear.
4. It is important to accurately and timely maintain documentation and provide tax reporting.
5. Minor apartment owners can be members of the HOA, but their vote in the general vote can be challenged in court.

Subtleties of a created HOA

Absentee voting cannot be held on issues that were not raised and discussed at the meeting in person. A single Partnership can be organized in a separate apartment building. If the HOA does not receive the consent of 50% of the owners of non-residential and residential premises, it is considered illegal. As you can see, the procedure for creating a homeowners association in an apartment building is not quite simple and requires serious preparation and great responsibility.