Tsn tszh decoding. Homeowners' association or TSN: what is the difference, which is better and how is it right. Create an initiative group to organize a homeowners association

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Concepts

An apartment building is a small state that needs to be managed. For this, the Criminal Code, HOA, TSN, Housing and Communal Services or Housing and Communal Services are elected. It all depends on who the tenants entrust with the management of their property.

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

A HOA is understood as a homeowners' association. A partnership is a community dedicated to solving housing-related issues.

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

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

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

The responsibilities of the HOA include:

• common property management;
• ensuring the uninterrupted supply of utilities;
• improvement of territories;
• solving public issues related to home management.

Homeowners' association is a non-profit association, so its purpose is not to make a profit.

Attention! The main normative legal act governing the relationship between tenants and HOAs is the Housing Code of the Russian Federation. Here are the main provisions that enable the owners to manage the house.

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

They are listed in article 161 of the RF LC:

• the conduct of economic life by the owners themselves, without the involvement of third-party organizations (such management is welcomed when the house is small, no more than eight families live in it);
• home ownership management through HOAs (with the election of a chairman who will be responsible for solving public issues);
• A housing cooperative is rarely created, but it has the opportunity to exist in Russia;
• often, the conduct of business life is transferred to the Management Company (with the owners being obliged to pay a certain amount aimed at paying for the services of the management company).

Each species is significantly different from each other. The difference, first of all, lies in the way of management and income generation. If the management company charges money for its services, then the HOA does not have the right to do so.

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

The activity of the HOA cannot be recognized as a commercial one, since it is aimed at solving general issues. The rule is regulated by article 50 of the Civil Code of the Russian Federation and article 135 of the Housing Code of the Russian Federation.

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

Owners are the owners of the property that they own according to existing documents. Real estate is a type of property that can be used for any purpose.

Thus, a complete definition can be drawn up: a real estate partnership is an association aimed at solving public issues related to the management of property owned by several owners.

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

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

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

TSN's activities are aimed at conducting business activities in relation to any real estate. Participants do not receive profits. Their interests coincide.

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

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What are the differences between HOA and TSN

Home Owners Association and Real Estate Owners Association are similar concepts, but they have significant differences. Both in the first and in the second case, the activities of organizations are not aimed at making a profit. But their goal is to successfully manage the property of the owners.

The main differences between HOA and TSN include:

• type of property. If, with a HOA, only residential premises fall under management, then in the second case, the organization operates in relation to all property owned by the owners, for example, private houses and adjacent yard buildings, including the garage territory;
• HOA participants can only be individuals, when enterprises can also organize TSN. This is useful when several organizations are collaborating. However, firms cannot profit from the creation of TSN;
• the goals of the HOA and TSN are slightly different from each other. HOA activities are aimed at maintaining common property, its maintenance. TSN not only tries to preserve and ensure a decent physical appearance of the property, but also disposes of it. For example, TSN rents out premises, issues permits for the construction of buildings on land, can order the sale of territories, and so on;
• undoubtedly, the name of the organization's charter will change. Indeed, partnerships are actually of a different nature. Some points of the document are significantly different;
• type of management. When organizing a HOA, the owners become the main managers. Decisions are made on the basis of a general decision by voting. When TSN is created: a management body, a control body, an executive department.

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

TSN: pros and cons

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

Please note! The advantages of a real estate partnership include:

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

However, TSN has not only advantages, but also disadvantages. The majority opinion is not taken into account when making decisions. The decision is made by the governing body. Nobody can influence the final decision. TSN will be able to declare itself bankrupt at any time, while no one will return the funds of the owners aimed at conducting activities.

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

Advantages and disadvantages of HOA

There are many advantages to creating a homeowners' association, which primarily include:

• the possibility of solving issues of improvement of the common area, house maintenance;
• the opportunity to take part in the solution of certain issues (they are taken on the basis of the opinion of residents by means of a vote);
• HOA activities are fully open, any owner has the opportunity to request accounting, tax and other financial documents;
• introduction of a simplified taxation system, which is associated with a reduction in management costs;
• Ease of organizing a homeowners' association, no licensing required.

However, apart from the merits of the HOA, it has its drawbacks.

Remember! These include:

• the minority of owners is obliged to obey the decision of the majority;
• it is necessary to pay membership fees, some do not always understand what they are going to.

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

Homeowners' association is a bit like TSN, but it has significant differences. TSN is a legal entity, and HOA is a society of civilians. When deciding on the creation of one form or another, you will need to carefully study all aspects of each concept.

Watch the video. Homeowners' association - pros and cons:

Main goals and objectives

The goals and objectives of the HOA and TSN practically coincide. Homeowners' association is created to conduct business. However, when organizing a TSN, the association is engaged not only in maintaining the property, but also in disposing of it, for example, leasing, leasing, selling, and so on.

Both HOAs and TSNs have the right to charge owners for the maintenance of the property. Otherwise, there will be no funds to ensure the functioning of the company.

The activities of the HOA and TSN are regulated by the internal charter.

Thus, several conclusions can be drawn:

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

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

Conversion Act

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

Attention! Now the HOA will re-qualify in TSN if:

• the activity is ongoing;
• there are many participants;
• it is supposed to collect funds from tenants for house maintenance.

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

In 2015, when creating a TSN, it is mandatory to obtain a license to carry out activities.

Changes during conversion:

• charter. The legal form is changing and, as a result, some aspects of the document;
• range of rights and responsibilities. Homeowners are exempt from the obligation to attend meetings and vote to make decisions.

The legislation of the Russian Federation implies the possibility for citizens to unite to work together for any task and to manage housing or real estate.

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Thus, regulations allow owners of real estate to unite on a voluntary basis for joint ownership and disposal of property.

The tasks of such associations can be very different, but before that you need to find out what an association of real estate owners (TSN) is in the Russian Federation in 2020.

What it is

In accordance with the law, all participants in the partnership have equal rights, but at the same time they resolve all issues through a collective agreement.

This concept appeared relatively recently, and at the moment it is understood that associations of owners can be created in the form of TSN:

• premises in an apartment building;
• premises that are located in different buildings;
• private houses, as well as summer cottages;
• land plots that can be used as summer cottages, as well as intended for vegetable gardens or orchards.

It follows from this that a real estate association is an association that includes owners of different and, importantly, different types of real estate. It can be both apartments and offices, summer cottages and even land plots.

Everything is determined jointly, but it should be borne in mind that the law provides for liability for the debts of only the partnership.

Thus, the members of this association are not responsible for its debts, which protects them from the dishonesty of individuals or activists.

Main concepts

In order to understand the issue of the partnership of real estate owners, you should understand what terms are in force in the field and in which case they can be used.

This will allow you to understand the essence of TSN, to understand which people can enter there, and what functions they can perform:

Organization goals

In order to understand what TSN is, first you should fully familiarize yourself with the goals of the organization. That is, it is extremely important to understand what functions such an association performs.

So, the functions of control and management are provided at the meeting of owners, while the implementation of the decisions made is ensured by different methods.

So, the board of TSN members can be organized or everything is done individually, for example, by the decision of the chairman.

In order for the managing sector of the partnership to perform its functions efficiently, control over it is carried out by the audit commission, which can thus ensure normal operation.

The task of TSN is the normal organization of the collective use of real estate. Thanks to the merger, real estate owners can manage the property on their own, without the involvement of management companies.

Legislative regulation of the issue

Regarding TSN in the legislation of the Russian Federation, there are certain rules that are laid down in different articles of the Civil Code of the Russian Federation.

In particular, some points are spelled out in Articles 49, 65, 123, 174, in addition, some information is also found in Articles 181 and 182.

They talk about what features non-profit organizations have, what rights their members have, and of course, much attention is paid to what kind of liability may arise due to violation of the rules for the use of property.

Considering that now the legislation has undergone changes, since 2014, gardening partnerships of a non-commercial nature and homeowners' associations have been organized in the form of TSN.

In particular, this is confirmed by Articles 135 and 136 of the Housing Code of the Russian Federation, which states how this association is created and registered, and what it is in general.

There is also Article 143, which determines the order of membership in TSN, and Article 145 stipulates the moment with the meeting of TSN members, as well as issues that can be considered there.

Important aspects

If you plan to organize TSN, then of course you should find out exactly how this process goes, because even a non-profit association has its own registration procedure.

Therefore, it is important to comply with legal regulations so that the organization is completely legal. And so that there are no disagreements between its participants, they should familiarize themselves with the rights and obligations of TSN, as well as their own rights.

How to create a real estate partnership

In order to create a TSN, you first need to hold a general meeting of property owners, at which minutes are kept. In it, it is necessary to fix not only the general decision on the creation of the partnership, but also the adoption of the charter of the partnership.

The Charter itself should indicate the name of the TSN, its location, legal status, as well as the composition of the governing body. In addition, the Charter prescribes the subject of the association, that is, the property controlled by the organization and its goals.

And, of course, the areas of activity and competence are delimited between the TSN bodies, the procedure for making decisions should be separately specified, whether this will be achieved by a majority vote or unanimously.

With these documents, you must contact the body that approves legal entities. Only in this case, the registration of a real estate association and the step-by-step instructions for this will be legal and correct.

Rights and obligations

It follows from the law that TSN is a form of legal entity that may own some property used to answer obligations.

At the same time, its members do not bear any subsidiary, joint and several, or shared responsibility for the activities of the partnership.

At the same time, the partnership undertakes to form the governing bodies necessary for its cooperation with government services or legal entities. Also, the main body of TSN establishes mandatory contributions for members of the organization.

The association has certain rights, in the list of which:

• the opportunity to conduct entrepreneurial work that does not contradict the adopted charter;
• conclude contracts, the content and subject of which has no comments and objections from other participants in the partnership;
• TSN can draw up estimates on the basis of which financial activities are carried out;
• agreements regarding the sale and purchase of property, its lease or exchange;
• carry out work to improve the condition of the property, as well as provide services to its owners;
• get loans from banks and use them at your own discretion.

At the same time, TSN is obliged to conduct its activities strictly within the framework of not only legislation, but also the Charter. Also, the partnership must conclude contracts with third parties to carry out work, as well as fulfill its obligations and exercise control over the common property.

TSN members have the right to participate in the activities of the association independently or in the form of a trustee, to request information about the activities, familiarization with the documents of the organization.

If the association does not fulfill its obligations, people can demand high-quality services and work under the charter, as well as appeal disputed decisions in court.

Pros and cons of such a combination

TSN has both pros and cons, but they are quite individual. Despite this, you should still consider some points, because it can be important:

How does it differ from HOA

According to the legislation, TSN and HOA are now almost identical concepts, but there are certain differences.

Recently, the trend of association of apartment owners in apartment buildings into partnerships is gaining more and more popularity. This suggests that residents are consciously taking responsibility for solving important issues regarding the operation and repair of the house. At the moment, there are 2 types of such associations: HOA and TSN. What are such associations and what are their advantages? We will talk about the differences between HOA and TSN and what is the difference below.

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What is TSN? The Real Estate Owners Association is a voluntary association of residential property owners, which also includes buildings and land plots. The partnership is created to determine the order of public ownership and use of housing in a legal manner. The community exists on the basis of the legal right of the owners of common areas to contribute to the improvement of the common property.

The common property of the building on the basis of shared ownership belongs to all members of the partnership. The Partnership of Real Estate Owners as a separate form of legal entities was introduced on the basis of Law No. 99-FZ in 2014. According to this law, TSN may include legal entities that own various types of real estate, including the premises of apartment buildings, office buildings, land plots and other objects.

The main purpose of creating TSN is to resolve economic issues related to the maintenance and operation of housing. It is legally established that TSN is a voluntary association of owners, created for the joint ownership and use of property, which is under common ownership. The supreme body of the partnership has the right to establish and regulate the amount of obligatory communal payments of the members of the partnership.
According to the method of management, TSN as a legal entity is classified as a corporate type.
Management and conduct of TSN activities is regulated by the Charter.

The main differences between HOA and TSN

And now let's talk about what is the difference between HOA and TSN and what exactly HOA does. According to article 135 of the LC RF, a homeowners' partnership is a non-profit association consisting of owners of housing or premises in an apartment building. The main purpose of the HOA organization is to manage the property of an apartment building, namely, joint leadership and decision-making regarding the use of common property.

A similar partnership is created at a public meeting of the residents of the house. The right to establish an HOA is granted if more than 50% of the population at home agrees. The powers of TSN members include the consideration of public issues related to the maintenance of the house and the establishment, based on the estimate, of the size of the communal contributions for each owner.

HOA participants can only be individuals living in an apartment building. While TSN participants can be associations of various forms of ownership, which can include both individuals and legal entities.

Important! TSN is not responsible for the obligations of its members. At the same time, the members of the association are not liable for the partnership.

Law on the transformation of HOAs into TSN

According to the amendments to the RF Housing Code, which came into force in September 2014, all HOAs will be renamed TSN. And in the future, TSNs will function everywhere instead of HOAs. The adopted amendments concern the division of legal entities into unitary, single-member and corporate associations. A list of organizational and legal norms for commercial and non-commercial associations has been added.

Important! From 05/01/2015, the LCD is scheduled to switch to licenses. Without a license, it is prohibited to carry out activities related to the management of an apartment building.

At the moment, there are only a few significant changes regarding the change in the type of HOA partnership:

• Changing the charter.
• Change of focus of HOA - management and use of common property for the implementation of owner relations with respect to the management company.
• Change of rights and obligations of the corporation members.
• Other points concerning the partnership's obligations and the procedure for appointing executive bodies remained unchanged.

As for the positive and negative aspects of the changes. The positive ones include a change in the charter and the introduction of regulatory and executive bodies. The structural association contributes to the establishment of relationships with housing and communal services. The negative is that the most important decisions will be made not by the owners of the houses, but only by the authorized members of the partnership.

Homeowners' association or TSN - which is better?

So all the same tszh or tsn and how is it correct? Since the draft law that has come into force is already in force on the territory of the Russian Federation, the answer to this question is irrelevant. At the moment, the task of the partnerships is to rename the HOA into TSN and the selection of authorized persons for the management and implementation of the corporation's activities. It is important to remember that the tipping point is always difficult, but it is important to overcome it, and after that you can deal with all the important issues.

Licensing for TSN is not required !!!

According to Article 192, part 1 of the LCD, licenses are required only for managing organizations. Homeowners' associations and TSN are not managing organizations, therefore a license is not required.

In order to improve the institution of real estate owners, the state has introduced amendments to Chapter 4 "Legal Entities" of the Civil Code.

They caused conflicting opinions among Russian citizens regarding HOA and TSN organizations.

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In addition, there were contradictions between the standards provided for by housing legislation and civil codes.

For example, TSN, in accordance with the standards of the Housing Code, is not endowed with the right to manage an apartment building.

It can only be managed by the HOA, but its registration is not carried out, because it is excluded from the provisions of the Civil Code.

What it is

Conversion Act

In accordance with the instructions of the Federal Law “On Amendments to Chapter 4 of the Civil Code of the Russian Federation and on Recognizing Certain Provisions of Legislative Acts of the Russian Federation as invalid”, a new organizational and legal form of non-profit organizations was introduced.

The act was issued on May 5, 2020 under the number. It noted that with the entry into force of the act, instead of the "HOA" should be formed "TSN".

With the introduction of amendments to the existing legislative acts, the division of legal entities into associations took place:

In addition, a list of organizational and legal norms related to the activities of commercial and non-commercial associations was added.

The act sets out the main provisions of the new form, presented as a partnership of real estate owners.

It notes that the HOA formed before September 1, 2020 is subject to the norms of Chapter 4 "Legal Entities" of the Civil Code in the new edition.

Due to this factor, the rules on the partnership of real estate owners must be applied to it.

Existing forms of home management

The most popular among the owners of an apartment building is the housing and communal services management company, which has the status of a legal entity.

Management companies are classified according to the type of economic activity and functional purpose.

Its main goal is the operation of the apartment building, the technical and sanitary maintenance of it and the adjacent territory at the proper level.

The advantage of the management company of the housing and communal services sector lies in its high technical equipment, therefore all types of household work are carried out using modern technology and equipment.

Residential property owners pay regular maintenance fees to the management company.

If she does not perform her duties properly, then tenants can demand a reduction in the management company fees for utilities.

Video: features of converting HOA to TSN

She is responsible for:

• admitting a violation of the order and quality of the services it provides;
• harm to life and health of residents;
• damage to the property of the owners.

The choice of a specific management company is made by the residents of the building at a general meeting.

It is a commercial organization that carries out trust management of an apartment building.

The basis for the implementation of economic activity is a trust management agreement signed by the owners of residential premises and the head of the management company.

Real Estate Owners Association

At its core, a real estate partnership is a voluntary non-profit organization.

It may include the owners of several premises in one or more buildings, regardless of the purpose, country houses, horticultural, vegetable gardening or summer cottages.

It is created for the purpose of joint ownership, use and disposal of real estate within the limits established by the legislator.

It must be owned or shared, as noted in.

Also TSN can be created to achieve other goals that are provided for by the norms of legislative acts.

In accordance with the provisions of the Civil Code, legislative acts of federal significance, TSN has a number of advantages.

These include:

1. Optimized taxation system.
2. Members are not responsible for the obligations that have been accepted by TSN.
3. No requirements for the formation of the authorized capital.
4. Contributions paid by TSN members are not subject to taxation.

Homeowners Association

They unite for the purpose of joint management and operation of the building, ownership and use, disposal of common property within the limits established by the legislator.

The HOA, in accordance with the regulations, is engaged in the joint management of the common property of an apartment building, therefore, all questions regarding its use are resolved collectively by owners who have premises.

From among the participants, the board is elected, which deals with organizational issues for the management of the partnership.

• timely payment of utility bills;
• maintenance in the proper form of the local area;
• operation of engineering communications, maintaining them in good condition.

The supreme body is the general meeting of its participants. It elects the executive body through a written vote.

What is the difference between HOA and TSN

In accordance with the instructions of Federal Law No. 99-FZ, re-registration of the HOA in TSN is the right of its members, but not an obligation.

If the objects of management are very different from each other, then the best option for the owners may be its implementation.

For example, TSN manages an apartment building, several cottages built in its yard, detached garages. It includes objects for various purposes, which cannot be said about the HOA.

What are the differences

In essence, HOA is a form of management of an apartment building, alternative to the management company.

Only individuals who live in an apartment building can have membership in it.

As for TSN, in addition to individuals, it has the right to include legal entities with various forms of ownership.

It deals with the management of objects of various nature and functional purpose.

For example, the owners of garages, parking spaces for vehicles, boxes, regardless of the presence of their own living quarters in the house, which is under the control of TSN, are endowed with the right to join TSN.

It should be noted that the forms of its management are fundamentally different from other types, which makes it possible to optimize the economic activities of the owners in relation to real estate.

The transient process can cause complications for many HOAs that need to be addressed properly.

As for the possibility of applying the simplified system provided for in taxation, it is unacceptable to TSN.

Only HOAs were vested with the right to apply the simplified taxation system.

Imposed powers

The economic activity of TSN is regulated by its charter, approved by the general meeting of real estate owners.

It should indicate:

1. Location.
2. Tasks and goals regarding the production of economic activities.
3. List of owners who entered the partnership.
4. The procedure for making decisions on the types of economic activities.

Immovable property managed by TSN is regarded as a single property. It is distributed to the members of the partnership by shares, so ownership of the property is fully preserved.

The measure allows to create conditions for convenient and comfortable operation of real estate, its maintenance.

Which organization is better

Since Federal Law 99-FZ has entered into force and is valid throughout the country, the question of which is better HOA or TSN automatically loses its relevance.

The legislator set before the HOA the task of renaming it into TSN with a subsequent change in the constituent documents.

The presence of a license for its implementation is not required, since the legislator provides in the provisions of Article 192, it must be owned by management companies. As for HOA and TSN, they are not included in their category.

As for the positive and negative factors regarding HOA and TSN, changes in the RF Housing Code in 2020 affected:

The rest of the provisions on the election of executive bodies remained unchanged.

The HOA should elect authorized persons who will deal with management issues, the implementation of economic activities.

The unification of the structures will facilitate closer cooperation of TSN with the organization of the Housing and Communal Services.

The negative aspects include making the most important decisions regarding the management of the house by authorized persons.

From 2020, the well-known organization called the Homeowners' Association will be renamed the Real Estate Association.

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The legal status and legal status of the organization is changing.

Consider what this entails.

What it is?

The pre-existing HOA is the official representative of all residents of the apartment building.

Its functions included meeting the needs of homeowners and providing services in accordance with their interests, for example, turning on the heating when the cold weather sets in.

HOA functions:

• allocation of common property;
• implementation of functions focused on favorable living in the house;
• solving problems with other communication services;
• improvement of the adjacent territory;
• interaction with residents of the house, etc.

The Homeowners Association is a non-profit organization.

House management forms

An apartment building cannot exist without management.

It is imperative that an organization is needed that will take on such tasks.

Otherwise, residents may face problems such as a leaking roof, garbage in the yard, lack of hot water, etc.

Real Estate Owners Association

The newly introduced partnership of real estate owners is an organization in which at the same time can unite:

• several houses;
• non-commercial premises;
• homeowners and non-commercial premises.

The next difference from a homeowners' association is a different taxation system.

A simplified system is not envisaged for TSN, as apparently, the legislators do not plan to carry changes regarding this issue in the near future.

Homeowners Association

The chairman does not have to be one of the owners of the apartment in the house.

An important difference from TSN is the ability to work under a simplified taxation system.

Of course, not all HOAs used it, but for many it is the only form of activity.

Commercial premises could not be united in the HOA. They represented their own separate organization, the name of which is spelled out differently by law each time.

Conversion Act

The transformation law came into legal force in September 2020. In the future, the creation of a homeowners association will become impossible, it will be possible to organize only TSN.

In accordance with the law, from May 1, 2020, it is required to obtain a license that allows you to manage an apartment building.

As for the introduced changes, there are only a few of them, and they affect various aspects of the organization's activities:

1. Changing provisions in and form of the document itself.
2. The emphasis of the partnership is changing - the management and use of property on common rights is now carried out in accordance with the Criminal Code.
3. The rights and obligations of the participants representing the organization are changing.
4. All other items concerning the procedure for appointing the enforcement bodies (the chairman and his assistants) have not changed.

The advantage of the changes that have occurred is the amendment of the charter, as well as the introduction of control and enforcement bodies.

Thanks to the structural unification, it will be possible to establish relations with the partnership.

The downside of the innovations is that important decisions will not be made by the owners of the houses themselves, but only by members of the partnership who have the appropriate rights.

What is the difference between TSN and HOA?

What is the difference between HOA and TSN? HOA members are always individuals. Individuals and legal entities can be TSN participants in 2020.

It is important to bear in mind that the latter organization does not bear any responsibility for the obligations of its members.

The creation of the partnership takes place at the general meeting of the tenants. The right to create will be realized if more than half of the owners agree.

Differences

TSN and HOA - what's the difference? The differences between TSN and HOA are in their powers:

1. The Real Estate Owners Association performs much more tasks, which gives it the right not to consult with the general meeting.
2. Another difference, which has already been mentioned, is the taxation system. TSN does not have the right to use the simplified system, which is a significant drawback.

Credentials

According to the HOA, it is a non-profit organization.

Its main task:

• management of property belonging to the home;
• joint management of property;
• making decisions concerning her.

The powers of a real estate partnership are presented differently.

The organization considers public issues related to the maintenance of not only home, but also commercial premises. She sets in accordance with the estimate of the amount of utility bills.

What's better?

Which organization is the best? Which one would do the best job of fulfilling its obligations? This issue is irrelevant, since the legislative draft has already entered into force on the territory of the Russian Federation.

Now homeowners' associations are already engaged in obtaining licenses and are gradually being renamed TSN, although this is only a right, not an obligation.

Of course, homeowners' associations understand that they must engage in this bureaucratic procedure, otherwise they risk not earning recognition from the tenants of the house.

This tipping point is indeed challenging for the organization. It is impossible to single out which is better, because both approaches have their advantages and, conversely, disadvantages.

According to a survey of the country's residents, it became clear that most of them have nothing against the establishment of TSN.

This is due to the fact that in the modern world people practically do not have enough time to resolve issues related to homeowners' associations. They are:

• do not attend general meetings;
• do not make certain decisions.

Their task is to pay utility bills in return for services.

Therefore, if TSN takes all the most important issues on its own, it will not be considered a problem.