What is a homeowners association. Difference between homeowners association and tsn, differences between homeowners association and snt. MKD control methods

The history of the development of the institution of a homeowners association (HOA) as a way of managing the common property of an apartment building has been going on for more than 20 years. Oddly enough, over these twenty years, the legislator managed to mislead residents several times, changing the concept from “condominium” to “HOA”, and in 2014 from “HOA” to a partnership of property owners (TSN).

For example, the Law of the Russian Federation of December 24, 1992 No. 4218-1 “On the Fundamentals of the Federal Housing Policy” defines a condominium as an association of owners of residential premises in apartment buildings with the establishment of conditions for joint ownership and use of inter-apartment stairs, elevators, corridors, roofs, technical basements, non-apartment engineering equipment, adjacent territory and other common areas. This definition implies the following: a condominium is a kind of legal entity whose purpose is to operate the common facilities of an apartment building. The terms condominium and homeowners association are confused. The same confusion of concepts was preserved in the "Temporary regulation on condominium", approved by Decree of the President of the Russian Federation of December 23, 1993 No. 2275 (lost force on October 19, 1996). As a result, in practice, both HOAs and Condominiums were registered, and the difference was only in the name, but not in essence.

After the entry into force of the first part of the Civil Code of the Russian Federation (CC RF) on January 1, 1995, the contradictions in the definitions of a condominium and an association of homeowners began to be gradually eliminated. In accordance with Article 291 of the Civil Code of the Russian Federation, a homeowners' association is a legal entity created and operating in accordance with a special law on homeowners' associations. The partnership of homeowners in Article 1 of the Law of 15.06.1996 No. 72-FZ is defined as "a non-profit organization, a form of association of homeowners for joint management and maintenance of the operation of a real estate complex in a condominium, possession, use and, within the limits established by law, disposal of common property." In the same article, a condominium is defined as “a single complex of real estate, including a land plot within the established boundaries and a residential building located on it, other real estate objects, in which separate parts intended for residential and other purposes (premises) are owned by citizens, legal entities of the Russian Federation, constituent entities of the Russian Federation, municipalities (homeowners) - private, state, municipal and other forms of ownership, and the remaining parts (common property) are in the common shared ownership of these persons. Thus, an HOA is an organization, and a condominium is a complex of property.

With the introduction of the Housing Code of the Russian Federation (LC RF) on March 1, 2005, the concept of a condominium disappeared, while the concept of an HOA remained (Part 1, Article 135).

The original version of Part 1 of Art. 135 ZhK RF:
A homeowners association is a non-profit organization, an association of owners of premises in an apartment building for the joint management of a complex of real estate in an apartment building, ensuring the operation of this complex, possession, use and, within the limits established by law, disposal of common property in an apartment building.

The current version of Part 1 of Art. 135 ZhK RF:
A homeowners' partnership is a non-profit organization, an association of owners of premises in an apartment building for the joint management of common property in an apartment building or, in the cases specified in Part 2 of Article 136 of this Code, the property of owners of premises in several apartment buildings or the property of owners of several residential buildings, ensuring ownership , use and, within the limits established by law, dispose of common property in an apartment building or joint use of property owned by the owners of premises in several apartment buildings, or property owned by the owners of several residential buildings, carrying out activities to create, maintain, preserve and increase such property, provide utility services to persons using, in accordance with this Code, premises in these multi-apartment buildings or these residential buildings, as well as for the implementation and activities aimed at achieving the goals of managing apartment buildings or the joint use of property owned by owners of premises in several apartment buildings, or property of owners of several residential buildings.

The current version of Articles 135 and 136 of the Housing Code of the Russian Federation clarifies not only the goals of the HOA, but also the requirements for the creation and existence of multi-house HOAs (for 2 or more houses).

In accordance with paragraph 1 h. 2 Article. 136 ZhK RF HOA can be created owners of premises in several apartment buildings, if these houses are located on land plots that in accordance with the documents contained in the state real estate cadastre, they have a common border and within which there are engineering and technical support networks, other infrastructure elements that are intended for joint use by the owners of premises in these houses.

Federal Law No. 176-FZ dated June 29, 2015, effective July 1, 2016, in clause 1, part 2, Art. 136 of the Housing Code of the Russian Federation, the words “in these houses” will be replaced by the words “in these houses. The list of property that is intended for joint use by the owners of premises in several apartment buildings is determined in accordance with the requirements established by the Government of the Russian Federation. In accordance with Art. 5.1 of the Federal Law of December 29, 2004 No. 189-FZ, a homeowners' association established in two or more apartment buildings, in case of non-compliance with the requirements established by clause 1, part 2, art. 136 of the Housing Code of the Russian Federation, must be reorganized in the manner prescribed by Part 3 or 4 of Art. 140 of the Housing Code of the Russian Federation, until July 1, 2016, if the owners of premises in apartment buildings do not choose a different way to manage such buildings. These requirements do not apply to HOAs established before the date of entry into force of Federal Law No. 123-FZ dated 04.06.2011.

The list of property has not yet been established by the Government of the Russian Federation and therefore it is still not clear what to do with multi-house HOAs.

FROM September 1, 2014 a federal law came into force, which amended Chapter 4 of part one of the Civil Code of the Russian Federation (Federal Law of 05.05.2014 N 99-FZ).

The changes relate to the issues of organizational and legal forms of legal entities, as well as non-profit organizations. So, a new form of legal entity has appeared - a partnership of real estate owners (TSN): art. 123.12 - 123.14 of the Civil Code of the Russian Federation.

In accordance with Part 2 of Art. 123.12 of the Civil Code of the Russian Federation The charter of the association of real estate owners must contain information about its name, including the words "partnership of property owners", location, subject and purposes of its activities, composition and competence of the bodies of the partnership and the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, as well as other information provided for by law.

Questions arose and, as a result, confusion - is TSN a type of HOA, or is TSN equal to HOA and is, in fact, the renaming of HOA to TSN? After all, no changes were made to the Housing Code of the Russian Federation and it is indicated everywhere on the HOA. The tax authorities believed that not only a new form of legal entity - TSN, but also the renaming of the old one (from HOA to TSN) had occurred, and, therefore, from 09/01/2014, newly created HOAs were registered with the name TSN, and the "old" HOAs were renamed into TSN if the HOA wants to make any changes to the charter.

An attempt by the Ministry of Construction of the Russian Federation to clarify this issue was unsuccessful (Letter of the Ministry of Construction of Russia dated April 10, 2015 No. 10407-АЧ / 04 “On Certain Issues Arising in Connection with the Registration of Homeowners’ Associations”), in fact, the Ministry of Construction did not respond to question, and the tax authorities continued to register the HOA with the name TSN.

Federal Law No. 133-FZ of May 23, 2015 “On Amending Part One of the Civil Code of the Russian Federation and the Federal Law “On Political Parties” amended para. 1 paragraph 1 of Art. 54 of the Civil Code of the Russian Federation. The tax authorities interpret the changes as follows: since the HOA is a type of such organizational and legal form as the TSN, then from May 23, 2015 (the date the law came into force), when registering the HOA, we indicate in the name of the HOA, in the charter it is necessary to indicate that the HOA is created in legal form - TSN. That is, the charter contains the words HOA everywhere, but one of the clauses of the charter indicates that the HOA is a kind of organizational and legal form of TSN.

Thus, an HOA is only a type of TSN (there is another type - a horticultural partnership), and not a renaming of an HOA into TSN.

All HOAs that were created before 05/23/2015 as TSN or were renamed from HOA to TSN, at the first change in the charter, must make changes to it in terms of the name - HOA, and indicate that this is a type of TSN. The obligation to make changes is in no way limited in time, that is, if you wish, you can not make such changes for years until a decision is made at a meeting of members of the HOA to make changes to some part of the charter.

Once again, the reform of housing and communal services only made noise.

1. The exclusive competence of the supreme body of the partnership of property owners, along with the issues specified in paragraph 2 of Article 65.3 of this Code, also includes the adoption of decisions on establishing the amount of mandatory payments and contributions of members of the partnership.

2. A sole executive body (chairman) and a permanent collegial executive body (management board) are created in a partnership of real estate owners.

By decision of the supreme body of the partnership of real estate owners (paragraph 1 of Article 65.3), the powers of the permanent bodies of the partnership may be terminated ahead of schedule in cases of gross violation of their duties, an inability to properly conduct business, or if there are other serious grounds.

Art. 123.14 of the Civil Code of the Russian Federation, part 1. Features of management in a partnership of property owners

Civil Code

Approved
general meeting
HOA members 151

JOB DESCRIPTION
CHAIRMAN OF THE BOARD OF THE HOA151

1. General Provisions.

1. The chairman of the board of the partnership is an elected person, cannot combine his activities in the board of the partnership with work in the partnership under an employment contract. He is elected in the manner and for the period established by the Articles of Association of the partnership. The Management Board is the head of the collegial executive body of the Partnership.

1.2. A member of the Management Board cannot be elected Chairman of the Management Board on the grounds provided for in Article 160/1 N°188-FZ of the Russian Federation:

a member of the board who has previously committed gross violations of the Housing Legislation of the Russian Federation, the Articles of Association of the Partnership, the Regulations on the Board of the HOA, the Regulations on the Audit Commission of the HOA;
board member who does not actually live in the house.

1.3. The Chairman of the Board must have a higher education, is an elected person, endowed with managerial powers.

1.4. The chairman of the board should serve as an example of honesty, decency, responsibility, conscientiousness, and professionalism in this position.

1.5. The Chairman is elected at the first meeting of the Board of the partnership, from among the members of the board, by simple voting for a period established by the Charter of the partnership.

2. The Chairman of the Board of the Partnership in his activities is guided by the current legislation of the Russian Federation, the Charter of the Partnership, official powers (instructions), as well as regulatory documents approved by the governing body of the Partnership - the General Meeting of the members of the Partnership.

3. The chairman of the board of the partnership ensures the implementation of the decisions of the board, has the right to give instructions and instructions to all officials of the partnership, the execution of which is mandatory for these persons.

4. The chairman of the board of the homeowners association acts without a power of attorney on behalf of the association, signs payment documents.

5. Chairman of the Management Board of the partnership, to make transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership.

6. The chairman of the board of the partnership develops and submits for approval by the general meeting of members of the partnership documents and provisions provided for by the Charter of the partnership and decisions of the general meeting of members of the partnership.

7. The chairman of the board of the partnership is responsible for the maintenance of common property in this house in accordance with the requirements of technical regulations and the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building.

8. The chairman of the board of the partnership is responsible for the provision of public services, depending on the level of improvement of this house, the quality of which must comply with the requirements established by the Government of the Russian Federation and the Rules for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings .

9. The chairman of the board is personally responsible for organizing office work in the board of the partnership, accounting and storing documents of the owners of the premises, the HOA itself, the correctness of the conclusion of contracts and agreements, the failure to make decisions on the maintenance and operation of a residential building, the timeliness and completeness of paying taxes, submitting reports to the tax service , funds, banks, etc.

10. The powers and duties of the Chairman of the Board of the Partnership and, accordingly, the amount of remuneration for the performance of official duties by the Chairman, is approved by the general meeting of members of the Partnership. The date of commencement of the fulfillment (emergence of labor relations) of obligations to manage the common property of the owners is considered the date of election of the Chairman by decision of the executive collegial body of the Partnership (clause 11, clause 145 of the LC RF, part 3, clause 16 of the Labor Code of the Russian Federation).

11. The specifics of labor relations between the Chairman of the Board and the Homeowners Association are regulated by the legislation of the Russian Federation, the general provisions of labor legislation are applied, taking into account the norms of the Housing Code.

12. The Chairman of the Board is elected for a period not exceeding two years (Article 147 of the LC RF). Performs his duties in an elective position in accordance with the job description for remuneration, the amount and frequency of payment of which is approved by the decision of the general meeting of members of the partnership.

13. The Chairman of the Board bears full liability for direct actual damage caused by the HOA (Article 277 of the Labor Code of the Russian Federation). Direct actual damage is understood as a real decrease in the employer's cash property (HOA) or deterioration of the specified property (including property of third parties held by the employer, if he is responsible for the safety of this property), as well as the need for the employer (HOA) to incur costs or excessive payments for the acquisition, restoration of property or for compensation for damage caused to third parties. (Article 238 of the Labor Code of the Russian Federation)

14. The Chairman of the Board may be relieved of his duties in connection with the adoption by the authorized body of a legal entity (the board of the HOA or the general meeting of members of the HOA) of a decision to terminate the powers of the Chairman, if the official admits inefficient management, actions (inaction), non-observance of the interests of the owners (Article .278 of the Labor Code of the Russian Federation).

15. Early termination of the employment contract at the initiative of the chairman of the board of the HOA is allowed with a warning to the partnership (board and general meeting) in writing no later than one month (Art.

2. Duties of the chairman of the board.

2.1 The elected Chairman of the Board, from the moment he takes office as the head of the Board, must:

2.1.1. convene a new composition of the Management Board, invite the Audit Commission (auditor), the composition of the old Management Board and determine the procedure and terms for transferring cases to the new composition of the Management Board and members of the Audit Commission.

2.1.2. organize within two months an independent audit of the activities of the previous chairman of the HOA for the entire period of his authority. The owners of the premises of an apartment building are obliged to pay for the work of the auditor in proportion to their share in the common property of the building.

2.1.3 make a complete inventory of all material resources and documentation in the book of accounting documents of the board, as well as the register of material resources and documentation of the partnership. The chairman of the newly elected board, together with the members of the board, is obliged to accept material resources and documentation of the partnership, draw up acts of inventory, on the transfer of affairs and positions - all in two copies.

2.1.4. know the contractual obligations of the partnership and contribute to their fulfillment.

2.1.5. organize and direct the activities of members of the board and officials of the partnership in accordance with applicable law, the requirements of the Charter and decisions of the general meeting and the board.

2.1.6. perform the functions of a customer in organizing the technical operation of MKD, as well as providing utilities and other services to apartment owners.

2.1.7. control the maintenance of technical, accounting, statistical and other reporting.

What are the pros and cons of the Association of Real Estate Owners (TSN)

control the provision of utilities and other services of the established quality to apartment owners by legislative and regulatory acts, as well as contractual obligations.

2.1.9. seek from performers the performance of work in accordance with the terms of the contracts concluded with them.

2.1.10. take measures to ensure the smooth operation of engineering equipment in the house.

2.1.11. ensure the safety of the working, technical and other documentation of the partnership.

2.1.12. take timely measures in connection with unauthorized re-equipment and redevelopment by residents of the house of common areas, residential and non-residential premises.

2.1.13. represent the interests of the partnership in state and other institutions related to the management and operation of property.

2.1.14. ensure the preparation and placement of documents and information on the activities of the HOA at the information stand.

2.1.15. conclude service contracts with owners of residential premises who are not members of the HOA.

2.1.16. carry out, together with members of the board, periodic monitoring of the condition of structures, engineering equipment and external improvement of real estate and, if necessary, take measures to eliminate the identified shortcomings, in accordance with the Regulations on the organization of the technical operation of the housing stock.

2.1.17. at least once a month personally, or instruct a member of the board to supervise the cleaning of common areas and the surrounding area.

2.1.18. organize the purchase of material and technical resources necessary for the implementation of the statutory activities of the partnership.

2.1.19. organize staff training.

2.1.20 participate in the work of the audit commission.

2.1.21. hold meetings of the board in accordance with the requirements of the charter of the partnership, general meetings of owners

2.1.22. to receive residents, take into account and register complaints and applications, control the elimination of noticed shortcomings

2.1.23. upon adoption by the general meeting or the board of decisions that contradict the current legislation and the Articles of Association of the partnership, demand the cancellation of these decisions.

2.1.24. require apartment residents to contact the manager in a timely manner if they detect malfunctions inside the apartment equipment (fistulas, rust, etc.) and load-bearing walls (chips, cracks, etc.).

3. In addition, duties are assigned to the chairman of the board.

3.1. preparation of amendments and additions to the charter of the partnership;

3.2. preparation of calculations of the annual cost estimate (financial plan) for the maintenance and repair of the property of the owners for the corresponding year.

3.3. preparation, calculation and justification of the amount of one-time payments to cover the costs incurred in excess of the financial plan (annual cost estimate). Approval of contributions to the reserve fund at the general meeting of owners;

3.4. disposal of the partnership's funds allocated to the reserve fund and not included in the financial plan for the production of emergency, urgent work, etc.

3.5. preparing annual reports on financial activities, submitting them to the general meeting of members of the partnership for approval, and also prepares quarterly reports on the financial activities of the HOA and informs the owners at the general meeting and by posting the report on the Information stand.

4. Rights of the Chairman of the Board

4.1. The chairman of the board has the right:

4.1.1. issue orders, give instructions and directives to all officials of the partnership, including members of the board, which are obligatory for them;

4.1.2. issue powers of attorney;

4.1.3. open settlement and other accounts in credit institutions;

4.1.4. dispose of the property of the partnership, including cash in full, in accordance with the economic and financial plan;

4.1.5. dispose of the partnership's funds on the bank account in accordance with the approved annual financial plan (cost estimate), within the powers approved by the general meeting of owners;

4.1.6. act and sign payment documents on behalf of the partnership and make transactions that, in accordance with the law and these Articles of Association, are not subject to mandatory approval by the board or the general meeting;

4.1.7. develop and submit for approval by the general meeting the internal regulations for the employees of the partnership, the provisions on remuneration for their work;

4.1.8. develop and approve regulations and instructions for all officials involved in the technical operation of the housing stock;

4.1.19. to petition the meeting of members of the HOA for the release from the powers of the members of the board of the partnership;

4.1.10. hire personnel for the technical operation of the housing stock and dismiss them;

4.1.11. conclude contracts on behalf of the partnership, including for the technical operation of the housing stock, as well as utilities;

4.1.12. make settlements with individuals and legal entities for the services they provide in accordance with the concluded agreements;

4.1.13. to insure the property of the partnership;

4.1.14. perform other duties arising from the provisions of the LC RF, the Articles of Association of the Partnership.

4.1.15. Monitor the use of residential and non-residential premises for their intended purpose.

4.1.16. Leave your position early.

4.2. The Chairman of the Board is dismissed from his position in accordance with the law and on the grounds set forth in the Articles of Association of the Partnership, the Regulations on the Board of the Partnership and these official duties.

4.3. Controversial issues, disagreements and conflict situations arising in the course of the performance of duties between the chairman and the board or the general meeting are resolved through negotiations or in court.

Association of Real Estate Owners: Amendments to the Civil Code of the Russian Federation, dated 05.05.2014 N 99-FZ

A partnership of real estate owners is a voluntary association of owners of real estate (premises in a building, including in an apartment building, or in several buildings, residential buildings, country houses, horticultural, gardening or country plots of land, etc.), created by them for joint possession, use and, within the limits established by law, the disposal of property (things), by virtue of the law being in their common ownership or in common use, as well as to achieve other goals provided for by laws.

clarification

A partnership of real estate owners is a voluntary association of owners of real estate (premises in a building, including in an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottages, etc.), created by them for joint possession, use and, within the limits established by law, the disposal of property (things), by virtue of the law being in their common ownership or in common use, as well as to achieve other goals provided for by laws.

The Association of Real Estate Owners is one of the organizational and legal forms provided for non-profit corporate organizations.

The legal status of Associations of Real Estate Owners is regulated by paragraphs. 5 couples Chapter 6 4 of the Civil Code of the Russian Federation of the Civil Code of the Russian Federation (CC RF).

The charter of a partnership of real estate owners must contain information about its name, including the words "partnership of real estate owners", location, subject and purposes of its activities, composition and competence of the bodies of the partnership and the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, as well as other information provided for by law (clause 2 of article 123.12 of the Civil Code of the Russian Federation).

The Association of Real Estate Owners is not liable for the obligations of its members. Members of an association of property owners are not liable for its obligations (clause 3, article 123.12 of the Civil Code of the Russian Federation).

An association of property owners, by decision of its members, can be transformed into a consumer cooperative (clause 4, article 123.12 of the Civil Code of the Russian Federation).

Property of a partnership of real estate owners (Article 123.13 of the Civil Code of the Russian Federation)

The partnership of real estate owners is the owner of its property (clause 1, article 123.13 of the Civil Code of the Russian Federation).

Common property in an apartment building, as well as objects of common use in horticultural, gardening and country non-profit partnerships, belong to members of the relevant partnership of real estate owners on the basis of common shared ownership, unless otherwise provided by law. The composition of such property and the procedure for determining shares in the right of common ownership to it are established by law (clause 2, article 123.13 of the Civil Code of the Russian Federation).

A share in the right of common ownership of common property in an apartment building of the owner of premises in this house, a share in the right of common ownership of objects of common use in a horticultural, horticultural or dacha non-profit partnership of the owner of a land plot - a member of such a non-profit partnership follow the fate of the ownership of the said premises or land plot (clause 3 of article 123.13 of the Civil Code of the Russian Federation).

Features of management in a partnership of property owners (Article 123.14 of the Civil Code of the Russian Federation)

The exclusive competence of the supreme body of the partnership of real estate owners, along with the issues specified in clause 2 of article 65.3 of the Civil Code of the Russian Federation, also includes making decisions on establishing the amount of mandatory payments and contributions of members of the partnership (clause 1 of article 123.14 of the Civil Code of the Russian Federation).

A sole executive body (chairman) and a permanent collegial executive body (management board) are created in a partnership of real estate owners (clause 2, article 123.14 of the Civil Code of the Russian Federation).

By decision of the supreme body of the partnership of real estate owners (clause 1 of article 65.3), the powers of the permanent bodies of the partnership may be terminated early in cases of gross violation of their duties, inability to properly conduct business, or if there are other serious grounds (clause 3 of article 123.14 of the Civil Code RF).

Additionally

Non-commercial corporate organizations are legal entities that do not pursue profit making as the main goal of their activities and do not distribute the profits received among the participants, the founders (participants) of which acquire the right to participate (membership) in them and form their supreme body.

A public organization is a voluntary association of citizens who have united in the manner prescribed by law on the basis of their common interests to satisfy spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law.

Non-profit organizations are organizations that do not have profit making as the main goal of their activities and do not distribute the profits received among the participants.

Organizational and legal form - a way of securing and using property by an economic entity and its legal status and business objectives arising from this

Materials on the topic "Non-profit organizations"

The Association of Real Estate Owners (TSN) is the organizational and legal form of non-profit organizations, and the Homeowners Association (HOA) is one of the types of TAs, which unites the owners of premises in an apartment building (MKD) or in several MKD or residential buildings.

MKD control methods

There are three ways to manage MKD (part 2 of article 161 of the LC RF):

1) direct management of owners;

2) management of an HOA or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

At the same time, the general meeting of owners of the premises chooses the method of management and can change it at any time based on its decision (part 3 of article 161 of the LC RF).

homeowners association

HOA is an association of owners of premises in an MKD, created to jointly manage common property in an MKD or property in several MKDs or residential buildings, provide utility services, and carry out activities aimed at achieving the goals of managing an MKD or sharing the property of owners. At the same time, the HOA is a non-profit organization and is recognized as a type of TSN (clause 4, clause 3, article 50 of the Civil Code of the Russian Federation; part 1 of article 135 of the Civil Code of the Russian Federation).

Association of property owners

The concept of "partnership of property owners" appeared on September 1, 2014 as a new organizational and legal form of non-profit organizations (clause 4, clause 3, article 50 of the Civil Code of the Russian Federation; clause "b", clause 3, article 1, part 1, article 3 Law of 05.05.2014 N 99-FZ).

TSN is a voluntary association of owners of real estate, in particular, premises in a building (including an MKD) or in several buildings, residential and country houses, horticultural, vegetable or summer cottages, etc. The goals of such an association and the goals of creating an HOA are similar (clause 1, article 123.12 of the Civil Code of the Russian Federation).

The difference between TSN and HOA

Based on the foregoing, the TSN is a broader concept compared to the HOA - the association of owners of different types of real estate, while within the framework of the HOA only owners of premises in the MKD are united.

With the advent from 09/01/2014 of a new organizational and legal form of legal entities - TSN, the legislator does not abolish the concept of "homeowners association". The creation and activities of the HOA, the legal status of its participants are still governed by the norms of housing legislation, which are special in relation to the general provisions of civil legislation on TSN (paragraph 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation of 06.23.2015 N 25; Letter of the Ministry of Construction of Russia of 10.04 .2015 N 10407-АЧ/04).

Consequences for the HOA after the appearance of TSN

The charters of TSN and HOA must contain information about their name, including the words (clause 2 of article 123.12 of the Civil Code of the Russian Federation; part

What are the duties of the Chairman of the HOA

2 tbsp. 135 ZhK RF):

"association of property owners" for TSN;
"Association of homeowners" for HOA.

The organizational and legal form does not always have to be indicated in the name of the organization. In cases where the law provides for the possibility of creating a type of legal entity, only such a type can be indicated in the name (clause 1, article 54 of the Civil Code of the Russian Federation).

Given that the HOA is created as a type of TSN, an indication in the name of the HOA of the type of its organizational and legal form is not required. The name indicates only the type - a homeowners association. Thus, when filling out an application for state registration of a legal entity when creating an HOA or to make changes to the information about the legal entity contained in the Unified State Register of Legal Entities, for submission to the registering authority, it is necessary to indicate: 1367-EC/04).

At the same time, from May 23, 2015, the charter of a legal entity must contain information not only about its name, but also about its organizational and legal form (which in our case is TSN).

At the same time, the charters of HOAs established before the specified date must be brought into line with this requirement upon the first change in the charters of such HOAs (clause 4, article 52 of the Civil Code of the Russian Federation; clause 2, article 1, article 4 of the Law of May 23, 2015 N 133-FZ).

Note: The appearance of a TSN does not automatically entail the need for re-registration of the HOA. Moreover, in order to avoid additional social tension among citizens in matters of managing apartment buildings, the attention of the state housing supervision bodies is drawn to the inadmissibility of sending requirements, notifications or other documents to the HOA about the need to re-register the HOA, as well as amending the constituent documents of the HOA in the absence of relevant grounds (part 10, article 3 of Law N 99-FZ; Letter of the Ministry of Construction of Russia dated 10.04.2015 N 10407-АЧ / 04).

What is the difference between TSN and HOA?

Unlike TSN, the HOA specifies the subject of management or improvement. It can be an apartment building or private residences. Thus, the first difference is that only the owners of residential buildings can be in the HOA, while the owners of commercial real estate and land can also be in the TSN.

The second difference is in the composition of possible participants. Only individuals and citizens can join the HOA. Organizations may join the association of real estate owners. Along with the composition of the participants, the list of their rights and obligations has also changed.

The purpose of creating non-profit organizations also differs. The HOA is created to address issues of landscaping adjacent territories and meet the important needs of residents (for example, conducting the necessary communications).

The Association of Real Estate Owners has slightly different goals. The main reason for the creation of such an organization is not the improvement and improvement of living conditions, but the management and disposal of common property. For example, renting it out, if necessary. Management is carried out, including also the maintenance of property, its preservation and increase.

The activities of both non-profit organizations are conducted on the basis of the Charter and provide for the formation of a sole management body. However, supervising and executive bodies are additionally introduced into the TSN, which is not done in the HOA.

Important decisions regarding the fate of real estate in TSN are made by individual members of the partnership. In the HOA, such decisions are made at the general meeting.

The system of taxation of non-profit organizations is also different. Activities in the HOA can be carried out on a simplified tax system. For TSN, the transition to the simplified tax system is not possible.

Association of property owners: pros and cons

The following are the advantages of a homeowners association:

When a citizen or legal entity cannot resolve any issue related to the management and improvement of property, TSN will come to the rescue. This will save the owner time.
The advantage of TSN is also the management of property by a certain circle of persons. Of course, if the management is conducted competently and professionally.
TSN is focused on managing and increasing property. This means that owners who have entered into a partnership can expect that the profit received from a competent person will be directed to improving property and general needs.
All economic activity of TSN is completely open. This is the indisputable advantage of the partnership - each member can trace, among other things, the movement of funds.

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Disadvantages of a homeowners association:

A significant drawback of TSN for many owners is that when making serious decisions, the opinion of the majority will not be taken into account. However, in the activities of the HOA, the owners do not always have the right to influence the measures taken.
Since TSN is a legal entity, the organization may declare itself bankrupt.

To create a TSN, you need to obtain a license. Licensing of such activities is regulated by Art. 192 ZhK RF.

Advantages and disadvantages of HOA

Benefits of a homeowners association:

Homeowners are not always able to resolve issues of improvement and improvement of living conditions. Much easier to apply to the HOA. For example, cleaning the surrounding area is not always possible for the owner. But this concern can be taken over by the HOA and conclude an agreement with any organization for cleaning the territory. Also, the HOA can resolve many conflict situations with neighbors without bringing the case to trial.
Each homeowner who has joined the HOA can influence decision-making. The opinion of the majority of owners will be taken into account, for example, at a meeting on the issue of determining which management company to start cooperation with.
The financial economic activity of the HOA is open. This information can be obtained by any interested member of the partnership.
HOA can carry out activities on the simplified tax system. This means that the tax burden will be small.
It is not difficult to create an HOA. The activities of the HOA are not subject to licensing.

Cons of HOA:

A large number of membership fees, which eventually add up to a "round" amount. However, despite this, the total amount goes below the usual utility bills for landscaping.
A significant disadvantage of the HOA is the need for the minority to obey the decision that was supported by the majority.

HOA, in fact - the organizational form of TSN. However, based on the identified advantages and disadvantages, a decision to join can be made. To learn more about the dangers of joining an HOA or TSN, consultation with a professional lawyer will help you.

Which is better: TSN or HOA?

Federal Law No. 99 dated 05.05.2014 amended the Civil Code of the Russian Federation, according to which the activities of the HOA are abolished. However, they do not have to re-register the organizational form in TSN. This applies only to newly created partnerships.

Despite the fact that the re-registration of the HOA in the TSN is not necessary, many homeowners associations are engaged in obtaining a license and re-registration of the organizational and legal form.

Such a transition is due to the fact that the majority of owners have neither the time nor the desire to participate in the activities of the partnership. They have no time to attend meetings and make any decisions. Owners believe that their task is one - to pay utility bills for services rendered on time. Therefore, independent decision-making by TSN is only for the better.

Now there is a tendency to combine several houses into one TSN, and yesterday's HOAs are assigned new responsibilities regarding commercial real estate.

To find the difference between these organizations, it is necessary to form a definition of concepts, since the decoding of both abbreviations is not informative, since it does not reveal details.

The concept of TSN came into circulation relatively recently and some do not even know about its existence, since they can easily confuse it with the HOA. As a separate legal form for the existence of legal entities, TSN was introduced in 2014 with the adoption of Federal Law No. 99.

Reference! A real estate owners association is an association of owners of any residential property, including not only apartments, but also buildings, as well as premises intended for commercial use and even land plots.

This association is on a voluntary basis.

Such a legal form as an HOA has existed for much longer, which explains its greater popularity.

In article 135 of the Housing Code of the Russian Federation, a HOA is defined as a non-profit association of individuals, owners of residential premises in one specific apartment building or several specific residential buildings. The establishment of a homeowners' association is carried out at a general meeting and the approval of half of the number of residents is sufficient for its establishment.

Pros and cons of a homeowners association

The positive aspects inherent in the HOA include the following aspects:

As for the negative aspects of the HOA, they are as follows:

Increased operating fees. Due to the fact that decisions are made by the general meeting, the possibility is not ruled out that tenants who have good material wealth will express a desire to improve the territory with the help of expensive devices.

Weak legislative support. This minus is reflected in the fact that unscrupulous tenants who do not pay utility bills can abuse their position, knowing that the management of the HOA is not able to collect debts from them in a short time.

Another point is beneficiaries who pay utility bills not in the same amount as residents without benefits.

Note! Although this practically does not happen in reality, in theory, the city authorities are obliged to reimburse the HOA for compensation for beneficiaries who do not pay utility bills in full.

Weak tenant initiative. Due to a misunderstanding of the actions of the HOA or other factors, tenants often do not support even fairly rational decisions coming from the leadership of the HOA.

Advantages and disadvantages of a homeowners association

The obvious advantages of TSN, as a legal form, are the following factors:

The following factors can be considered as disadvantages of TSN:

Long time to resolve issues. In old houses, the creation of TSN may simply be inappropriate - the collection of funds for the repair of premises may be delayed for a long time, which is fraught with the transition of the house into an emergency state.

Bankruptcy risk. Since TSN, in fact, is a legal entity, there is a risk of its bankruptcy, which means that there are no guarantees for the return of invested funds.

Possible activities contrary to the interests of the owners. TSN is aimed at the disposal of housing stock, so decisions to rent, for example, rent or resell part of the common property may be taken contrary to the interests of residents.

Lack of proper legislative support. Such a disadvantage as weak legislative support, characteristic of HOAs, is also a disadvantage of TSN.

Main goals and objectives

The purpose of the existence of associations of property owners is to promote the improvement and maintenance of public property in good condition, to which members of the community have every right, enshrined at the legislative level.

Main the task of TSN is to regulate issues related to the operation and maintenance of immovable objects.

All TSN activities are regulated by the internal Charter, and the way it is managed is related to the corporate type.

The homeowners association regulates issues related to the maintenance and operation of common real estate. The task of the HOA is to make decisions regarding the disposal of common property.

Thus, it can be noted that the functional differences between the two organizations under consideration are largely insignificant.

If the activities of the HOA are mainly related to the management and operation of common property, then the TSN, to a greater extent, focuses on issues related to the disposal of common property, in particular, its leasing.

Attention! The main difference between TSN and HOA is that TSN members can be both individuals and legal entities, as well as various symbiotic associations of individuals and legal entities, and only individuals can be members of the HOA.

What's better?

It is difficult to give an unambiguous answer to the question, what is still better, HOA or TSN. However, based on the data given in this article, we can conclude that the HOA is better in cases where the house is old, since it is possible to carry out repair work in a relatively short time.

TSN is more suitable for areas with dense buildings, since in modern residential buildings on the first floors premises for commercial use are often allocated, the owners of which are legal entities, and for them TSN is a more convenient form.

Summing up, it is worth noting that, as with any dilemma, each of the solutions has strengths and weaknesses. Such forms as HOA and TSN were not an exception. They can acquire more advantages, but for this, each of these forms needs to improve the legal framework.

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