Is it possible to abandon the homeowner association. How to get rid of an unfit HOA? What documents will be needed

In accordance with the Housing Code of the Russian Federation, apartment owners have the right to choose a management company.

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If tenants are dissatisfied with the quality of the services provided, then they can refuse the management organization and.

But in this matter, not everything is so simple. There is a certain order and rules that cannot be violated.

Foundations

To refuse the services of any management company, no special grounds are needed; dissatisfaction with the quality of work is enough.

In the event that several tenants are dissatisfied with the situation at once, the replacement procedure is not difficult.

Who is eligible?

The procedure for abandoning the management company is regulated.

Only the owner of the apartment can refuse to provide services, that is, if the housing is privatized.

If the apartment is not privatized, then the decision will be made by the municipality - in this case, it is he who is considered the owner of the property. But this does not mean that the tenant does not have the right to vote.

Legislation

Article 162 paragraph 8.1 of the Housing Code of the Russian Federation regulates the procedure for leaving the management company.

According to this regulatory legal act, homeowners can independently choose the Criminal Code and refuse the services they already have. At the same time, there are no fines, this procedure is carried out quite quickly and does not require any costs.

How to refuse a management company?

An important point - it is necessary to make a decision to refuse the services of the management company before the end of the contract with the organization.

If you are late with this, then the contract will be prolonged for another 1 month and then you will have to wait for the expiration date - that is, the procedure will drag on for at least another 1 year.

We need to have a meeting first. It is necessary that each of the tenants is notified in writing. An initiative group of residents is selected, which sends an application to change the Criminal Code and minutes of the meeting.

At the same time, it is not so important where exactly the house goes, it is quite acceptable -. Only after this procedure, the refusal from the Criminal Code will be formalized legally.

Is it possible for one owner (one apartment)

It is possible to refuse the services provided by the management company.

One owner can also refuse unnecessary services.

In this case, you will have to immediately look for a replacement and the process itself is quite lengthy and tedious, since you need to collect some documents.

Go to another

Moving to another management company is pretty straightforward. For this, a meeting should also be organized at which residents will decide whether a change of the Criminal Code is needed and which one to choose.

For this, a protocol is drawn up. The main thing in this matter is to agree and choose the most acceptable option for yourself. In order not to run into scammers, it is recommended to study the reviews of the declared Criminal Code.

Create an HOA

Can . But on the way to this there are some difficulties, for example, a large number of documents and papers, and they all need to be filled out correctly.

But sometimes the local municipality prepares all the necessary documents on its own, it is only necessary to indicate the information that relates specifically to the applicant's house.

In order for the HOA to be created, you need:

open a separate personal account;
to hold a meeting.

Then a decision will be made based on the results. It is important that as many people as possible vote to create a homeowners' association.

Step-by-step instruction

Is it possible to give up the management of the company?

Yes, this requires:

gather tenants;
vote;
if the decision is made by a large number of people, then it will be necessary to refuse the services provided.

General meeting of residents

If one of the owners is extremely dissatisfied, then he should act as an initiator in this matter.

It is necessary to gather tenants and, based on the results, a decision will be made - which company should be chosen.

In the event that there are social rental apartments in the house, a representative of the administration should be invited.

It is necessary to try as much as possible to make the official believe the initiator is right. Upon signal, a check will be carried out. It should be noted that according to the results of the work, certain acts are drawn up.

It is also important to determine which apartments have been privatized and which have not. For this, a survey is conducted. It is also permissible to obtain this information from the local municipality.

Then you need to get together and discuss the problem. At the general meeting of owners of real estate objects, issues related to the change of the management company are raised.

If the choice is made, then you need to see a doctor. In any case, it should be explained why this particular company.

If the collection did not work out, then you should print your offer and send it to all apartments. Residents will thus vote in absentia. But it should be noted that the decision will be made based on the occupied area. That is - 5 people on 20 squares influence the final voting result less than 1 in 50.

In any case, the decision is made in writing and must be certified by a seal. For it to be considered legal, at least 1000 people must vote for 1 option.

Choosing a control method

At the in-person meeting of the owners of the premises, a decision is made not only to refuse the services of the current management system, but also to find a new one. You can choose a management company at the meeting itself.

Usually there are 3 options:

search for a new Criminal Code;
creation of a partnership;
creation of direct control.

Only in the first case no costs are required.

In the case of the creation of a homeowners association and direct management, you will have to run around with various pieces of paper through the authorities for a long time.

Direct management is quite convenient, it concludes direct contracts for the supply of utilities.

This form of government has a huge advantage - there is no need to pay for the maintenance of the management company or homeowners association. But nevertheless, when choosing different options, residents have some problems - they cannot always agree among themselves and choose the option they need.

The order of exit from the HOA (Homeowners Association)

A Homeowners Association is a community of residential property owners living in one or more apartment buildings.

The decision to create such a partnership is made by the general meeting of residents and is a free expression of will.

Also, each owner has the right to independently decide whether to participate personally in such an association or not.

To do this, he only needs a desire and a properly completed application.

Since joining an HOA is a completely voluntary act of a citizen, then the exit from it cannot be limited by anyone or anything.

In the article, we will figure out how to properly exit the homeowners' association, what actions need to be taken for this, and what papers to prepare.

Each homeowners' association at the time of its creation compulsorily draws up the Charter of the HOA, in which in the smallest details and details all further activities and algorithms of actions in various situations are determined.

There are various ways to leave the partnership:

Personal statement	if this or that property owner believes that participation in the partnership gives him less benefit than originally calculated or the costs of membership fees become unacceptable, he can decide to leave the HOA. To do this, you need to write a handwritten statement in free form, in which it is indicated that, in accordance with article 143 of the Housing Code of the Russian Federation, the tenant leaves the ranks of the HOA members. The application must be sent by registered mail with notification to the legal address of the HOA, or handed over to the board on receipt of receipt. From the moment of receipt of such an application by the board of the HOA, the owner of the home is no longer a member of the partnership.
Property For Sale	at the time of signing the purchase and sale of an apartment, the owner of which was previously a member of the partnership of tenants-owners of real estate, loses its right to membership in the HOA. The new owner of the apartment does not receive such a right when purchasing real estate. In order to join the HOA, he will have to write an application for accepting him into the partnership
Liquidation of HOA	in the event that more than 50% of the participants in the homeowners' partnership at different times or at the same time leave it, such a community is considered invalid and the rest of the members automatically leave the partnership

Thus, citizens who own an apartment in a house are free to join and leave the number of participants as often as they wish.

Reflection in legal acts

It defines:

creation algorithm;
rules for drawing up the Articles of Association;
the main areas of activity of the organization;
basics of functioning;
the rights and obligations of the HOA and its participants - the owners of residential real estate;
the possibility and rules for reorganizing the community of residents;
the algorithm for the liquidation of the partnership.

This document is fundamental for each legal entity and is a guide to action both for the chairman of the HOA and the board, and for an ordinary participant in the partnership.

Emerging nuances

Despite the seeming simplicity of leaving the HOA, this procedure is replete with various nuances. Let's consider the main ones:

Reorganization of HOA

in some situations, especially when an association of tenants consists of homeowners of several apartment buildings, the members of the association cease to be satisfied with the activity, or vice versa, inaction. But, understanding all the benefits that the organization provides, residents of one apartment building can initiate the process of reorganizing a common HOA by dividing it. It is important to remember that legislation does not allow the creation of several partnerships in one house. Therefore, if a partnership has already been created in your house, which includes the owners of several apartment buildings, and for some reason it does not suit you, call a general meeting and make a decision on reorganization by the majority.

Membership fee

many owners, having left the homeowners association, continue to pay membership fees. The fact is that this expense item is included in the general rent receipt and the inattentive owner continues to pay contributions to the partnership, which is no longer a member. If such a violation is found, it is necessary to apply with a request to terminate the calculation of contributions and recalculate the rent from the moment of leaving the partnership. Also, an unfair partnership may include in the receipt of owners who are not its members payment for other services provided to them.

: what will happen if you leave the HOA and how to do it

For whatever reasons the apartment owner leaves the homeowners' association, it is important to remember that this process does not exempt him from the obligation to pay utility bills.

Withdrawal from the HOA

In the Housing Code of the Russian Federation, there are certain restrictions on joining and leaving an organization.

From members of the organization

Homeowners' associations are organized by property owners in apartment buildings for the purpose of managing common property.

Such a non-profit organization significantly improves the life of all residents of the house:

But in some cases, the creation of a partnership not only does not meet the expectations of homeowners, but also becomes an additional burden.

Dissatisfied owners have to leave the composition, thereby expressing their negative attitude in a particular organization. To do this, simply write a statement and send it to the board.

One apartment

It is not uncommon for one person to own several apartments belonging to him.

But many tenants of houses are interested in whether they can, by owning just one apartment, withdraw from membership in a homeowners' partnership without suffering either morally or financially.

Any attempt by the board to interfere or impose conditions on the withdrawal from the partnership is illegal and will be prosecuted to the fullest extent of the law.

One owner

In such situations, there are several options for the development of events related to the formation and functioning of homeowners associations:

All apartment buildings

Whole house exit is referred to as one of the following definitions:

Action process

In order to get out of the HOA, you need to take several simple steps:

From the moment one of the homeowners receives the application for the withdrawal of their partnership by the board or the chairman, he is no longer a member.

Required documents

In order to stop being a member of a homeowners' association, there is no need to collect a huge amount of paperwork.

It is important to keep a notice of delivery of a certified letter with your application (if sent by Russian Post) or a second copy of the application with a list, date and indicating the name and surname of the person who accepted the application (if submitted in person to the board).

This document will be a confirmation of the existence of certain obligations of the partnership to the owner of the apartment.

Sample application

In the sample application for withdrawal from the HOA, you must specify:

Full name of the organization.
Full name of the applicant.
Intention to withdraw from members.
Date of writing.
Personal signature of the applicant.

Some partnerships require homeowners wishing to leave the organization to write an application in which it is necessary to indicate that at the moment there are no arrears in utility bills and membership fees.

Possible consequences

If in relation to yourself you feel any destructive actions on the part of the HOA members, the board or the chairman (incorrect registration of receipts, lack of mail notices, disrespectful attitude, etc.), you have the right to contact the law enforcement agencies with a corresponding statement.

Is it profitable or not

Homeowners' association advantages:

Ability to make decisions on your own	Unlike the management company, which is not obliged to notify the tenants of all its decisions, any serious decision is made by the general meeting of the tenants, the owners independently decide how much to repair, whether to make marble staircases in the entrance, whether to install an intercom, video surveillance, etc.
Possibility to reduce costs	since the members of the board and the chairman are themselves the owners and tenants of the apartment building they manage, it is highly likely that good management will lead to a significant reduction in general building costs (for example, you can rent out basement premises, thereby form a fund of your own funds, reducing the financial burden for all tenants)

The disadvantages of the organization include:

Rights and obligations of owners who are not members of the organization

Such an owner has the right to:

In addition to the rights that any homeowner a priori possesses, apartment owners who have left the composition must also fulfill the obligations assigned to them:

To be or not to be a member of any public organization, each citizen decides independently.

This also applies to non-profit associations such as homeowners' associations.

The right to join and quit a HOA is stipulated by Russian law, therefore, no one has the right to "create obstacles" in these matters.

Source: http://domdomoff.ru/vyhod-iz-tszh.html

How to get out of the HOA - with one apartment, the whole house, an application, one owner, in an apartment building

A homeowners' association is a voluntary association of citizens who own apartments or non-residential premises in one or more apartment buildings.

The main thing in this case is to follow the order of how to get out of the HOA.

Foundations

The procedure for free exit should be provided for by the charter of the partnership. In this case, the basis for termination of participation is the expressed desire of the HOA member in writing.

The very possibility of such a decision and its freedom is enshrined in the law, and specifically in paragraph 3 of Article 143 of the Housing Code. There are no restrictions in the law regarding the possibility of re-entering the same HOA in the future.

Thus, citizens who own an apartment in a house are free to join and leave the number of participants as often as they wish.

The main thing is that they should not abuse their rights.

The legislative framework

According to the Civil Code, a home (real estate) association is a non-profit corporate organization.

The document on the basis of which the HOA operates is the charter.

The main goal of the HOA is the joint use of common property - an apartment building.

The legal status of HOAs is disclosed in more detail in the Housing Code, in section VI.

How to get out of the HOA?

Despite the fact that joining an HOA is voluntary, as well as leaving it, there are a number of restrictions.

They are established by the Housing Code and serve as protection against abuse of rights by residents.

However, the same LCD also prohibits the HOA from threatening or imposing additional services on the owner in case of his exit.

Of the composition

Withdrawal from the HOA is carried out according to the application:

neither the consent of the neighbors, nor the decision of the general meeting is required;
You can apply at any time.

This does not affect ownership and receipt of all utilities relying on. But it does not exempt from their payment.

One apartment

For the decision to create an HOA, the presence of absolutely all tenants is not necessary, as well as for making other decisions. Enough participation of more than half of the apartments.

Therefore, the answer to the question whether it is possible to leave the HOA with one apartment is definitely positive.

One owner

HOA members are only the owners of the premises. If the apartment is in shared ownership, then each of the owners decides the issue of membership on their own.

Participation in the HOA is purely voluntary. But if one of the co-owners leaves, for the rest it is not automatic.

All the house

You can leave the HOA with the whole house only in two cases:

liquidation;
reorganization in the form of division (article 140 of the LC RF).

The decision on this is made by the general meeting. But if liquidation is possible in any case, then there is a limitation for reorganization: one house - one HOA.

Procedure

The exit procedure is simple. It is necessary to write a statement addressed to the chairman, where you state your desire to terminate membership in the HOA.

It is not necessary to explain the reasons for this decision.

The application is a notice of a decision, not a request for permission.

The documents

It is advisable to submit the application in person, but you can also send it by letter with notification. It is advisable to have a second copy.

All other documents are prepared by the HOA.

But the owner of the apartment has the obligation to document further relations with the HOA, that is, to conclude an agreement with the HOA on the provision of services.

Sample application

The law does not impose any strict requirements for the application. The text is compiled in any form. However, it should be clear who, when and where is coming from.

That is, the document must contain:

applicant's data;
name of the HOA;
release date.

Consequences

Each owner of an apartment or non-residential premises makes the decision to join or leave an HOA independently and voluntarily. No one has the right to put pressure on him, let alone blackmail or threaten him.

Rights and obligations of owners who are not members of the HOA

The owners of premises in the house, even if they are not participants in the partnership, enjoy all the rights that the law provides for apartment owners:

full receipt of all utilities, including current and major repairs;
obtaining information about the activities of the HOA;
familiarization with documents such as, for example, reports, minutes of general meetings, technical documentation, etc .;
appeal against the decisions of the HOA.

In addition to the rights, the apartment owners bear all the responsibilities:

conclude an agreement with the HOA for the provision of utilities;
timely pay for the services received;
make contributions for major repairs, etc.

Is it profitable or not?

On the one hand, citizens who are not members of the HOA do not pay participation fees. Depending on the size of this portion of the payment, the savings can be impressive.

But on the other hand, membership in a HOA makes it possible to take part in solving important issues related to house management, the use of its non-residential premises, landscaping, etc.

For many tenants, making a personal contribution to the arrangement of the space around them is preferable to financial gain.

Frequently asked Questions

Consider the questions that real estate owners have.

Transfer to another homeowners' association

Arbitrarily, at will, the owner of the apartment cannot change the HOA. This is not provided for by applicable law.

But there is another way. For example, reorganize an existing HOA by dividing it, if such a partnership unites several apartment buildings.

It is unacceptable to create two homeowners' associations in one house (part 1 of article 136 of the LC RF).

Only the general meeting of the HOA participants can make a decision on such a reorganization. It is drawn up in a protocol, and all further steps for reorganization are carried out by the chairman of the HOA in accordance with the requirements of civil legislation.

Membership fee and utilities

An apartment owner who is not a member of the HOA will not have to pay membership fees. They are obligatory only for the participants of this partnership.

However, the obligation to pay for the provided utilities and other services remains with the tenants. But only the basis for making such payments will be a contract for the provision of services concluded with the HOA.

In the receipt drawn up on its basis, there will be no column "Membership fees", but the services provided by the HOA may be indicated, for example, registration and distribution of this receipt.

On the video about leaving the homeowners association

Source: http://77metrov.ru/kak-vyjti-iz-tszh.html

Refusal of HOA services in 2017: conditions and procedure for the procedure for refusal of HOA, terms for making a decision by owners, necessary documents, download an application for refusal of HOA services | Housing consultant in 2017

articles:

HOA

In the Housing Code of the Russian Federation ( Art. 135) the definition of such a concept as Homeowners 'associations or homeowners' associations.

According to the legislative act, it is customary to consider as a similar association a non-profit association of owners of living space in one building for the purpose of joint implementation of financial and economic activities aimed at organizing the full-fledged functioning of a residential complex.

Community is established at a general meeting of all residents... Apartment owners must independently determine which form of management of the entire house they want to use.

According to the law, residents are allowed to apply for services to a management company that specializes in providing such assistance. Also, the management of common property can be entrusted to the residents themselves. For this, a special association is created under the name HOA.

The choice of this form of government is made by means of an election, and the quantity is not determined by the size of the living space.

Joining a partnership is voluntary, so the residents of the house have the right not to become a member of the association. However, one of the obligatory aspects of the formation of a HOA is that they agree to its establishment more than 50% of the total number of citizens living in the house.

Tenants can create a HOA even at the stage of construction of a residential building, but, according to Art. 136 of the RF LCD, such an association in an apartment building can only be in the singular. Multi-house HOA also provided by law.

Partnership according to Art. 148 LCD RF, should perform the following functions:

Compliance with all provisions of the charter of the partnership.
Implementation of control functions regarding the calculation of the necessary payments, as well as the payment of tax liabilities.
Management of economic activities of the house, including the preparation of estimates, hiring workers, maintaining accounting records.
Providing all living quarters of the house with energy resources.
Conducting the office work of the HOA, including the convocation of the members of the association and familiarizing them with the internal documentation.

Is it possible to refuse HOA services?

According to Art. 162 LCD RF, a member of the HOA can refuse the services of the society unilaterally. The procedure can be carried out in the form written appeal to the management of the partnership.

The following factors may serve as grounds for refusal:

non-fulfillment of the terms of the contract for the provision of public utilities to citizens;
unjustified increase in mandatory payments and other fees that are provided for in the partnership;
unfair performance of their duties by the management of the HOA;
refusal to provide appearances and comments regarding the charging of payments;
a ban on the citizen's acquaintance with the documentation of the partnership.

Leaving the house from the HOA is entirely optional, if a person wants to refuse the services of the HOA, then he can do this on an individual basis.

It is not at all necessary to cancel membership for all tenants; for this, a willing citizen just needs to write an application (you can view and download it here: [Sample application for refusing HOA services]) and approve it at a general meeting of HOA members. However, even in this case, the person will have to pay utility bills.

And he will not be able to go to service in the management company. If the tenant does not agree with the charges, then he will have to resolve this issue by contacting the prosecutor's office and the court.

The procedure for refusing HOA services

It will not be possible to independently refuse the services of the partnership, since, as a member of the association, a person is responsible for the common property. This can be done only by the general decision of the residents. The owner can only initiate a refusal by submitting an application. The procedure for leaving the HOA is determined by the charter of the association.

Withdrawal from the HOA will look like this:

If factors are found that do not suit the owner of the apartment, namely, excessively high payments for utilities or non-compliance with the terms of the agreement with the HOA, the owner has the right to contact the management of the association with a claim.
In the event that the board has not taken any action to deal with the current situation, the owner of the apartment has the right to write a statement to quit the HOA.
After that, a general meeting of apartment owners is convened and the owners make a decision on the person's withdrawal from the association by way of an agreement.
The adopted decision is confirmed by the corresponding document.
Even after leaving the HOA, the person is obliged to pay utility bills, and with the existing claims, they have to go to court and the prosecutor's office.

Documents for refusing HOA services

In order to refuse to participate in the affairs of the partnership, the owner will need to present the following documents:

applicant's passport;
application of the established form;
agreement with the HOA;
documentation confirming ownership.

Consequences of refusal from HOA services

According to h. 1 tbsp. 136 ZhK RF, the owner of the living space has the right to independently decide whether or not to be a member of the association.

However, in any case, it will be necessary to resolve the issue of payment for the services provided, which even a non-HOA member cannot refuse.

If a person still stops paying for the communal apartment, then the partnership will be obliged to go to court regarding the existing debt, and the owner himself will try to challenge these claims.

A person's refusal to use HOA services may have serious consequences:

Despite the fact that all decisions made by the association will cease to be binding on the citizen, they may concern him, and the owner will not have the right to somehow influence these actions.
The tenant who left the HOA does not have the right to familiarize himself with the internal documentation of the partnership, as well as the ability to control the financial and economic activities of the board.
After leaving the association, the tenant may have strained relations with other owners.

The most popular questions and answers to them on the refusal of the HOA

An example of refusing HOA services

Conclusion

As a result, a number of conclusions can be formulated:

According to law, HOA Is a non-profit association, which consists of the owners of residential premises of a residential complex and performs functions aimed at maintaining the building in good condition.
Only owners of real estate in this house and citizens who have reached the age of majority can become members of the partnership.
The organization is led by a board headed by a chairman, who are elected by a majority.
A person can refuse to participate in the activities of the partnership and demand withdrawal from it, however, his application must be supported by a majority of the general meeting of residents.
The owner has the right to submit application for withdrawal from the HOA in case of non-compliance by the board with the terms of the agreement, as well as in the presence of claims to the activities of the governing body of the partnership.

Sample applications and forms

You will need the following sample documents:

List of laws

The following articles will be useful to you

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Source: http://estate-advisor.ru/tszh/otkaz-ot-uslug-tszh/

How to get out of the HOA

How to get out of the HOA with one apartment? A similar question arises most often when the owners of a particular apartment are dissatisfied with certain conditions of such membership. This raises the question, is it possible to leave the HOA (homeowners' association) with one apartment? The law does not prohibit this.

There is also a procedure that allows you to understand how to leave the HOA with the whole house, while the differences will be determined only in the subject-initiator.

In any case, membership in a partnership implies the possession of rights and obligations, which means that leaving the HOA of an apartment building either with one apartment or with the whole house will imply the abolition of such legal relations.

Opportunity and conditions

Leaving a condominium apartment building assumes some consequences and compliance with the conditions.

It is also important to understand that the owner needs to write a statement, send it to the boards of the HOA, that is, follow the established procedure.

It is allowed to leave the HOA in several ways in terms of determining the subjects of such a procedure, which will directly or indirectly affect the entire procedure as a whole.

The HOA boards cover several houses, they are available in every city and every district where the application will be sent.

The main thing is to understand that several cases are allowed in which it is possible to leave the partnership in question, and such cases are determined depending on the subjects:

Exit the whole house.In this case, all the owners who are, agree, contact the boards of the HOA and write a statement of exit, this option is the simplest and fastest.
Exit by one apartment In such a situation, residents of specific residential areas try to terminate their membership, which is possible, but implies some specific procedure.
Withdrawal of a specific owner. An option is allowed when only one of the owners of the apartment wants to sever ties with a particular partnership.

The most common option is just one apartment exit, which raises the most questions from the owners.

In order to leave the HOA, and every owner has this right, it is important to have certain grounds, the entire list of which can also be enshrined in the law and in the Charter of the partnership:

the policy for the distribution of money in the partnership does not suit the owners and there is a specific justification for this;
the owners express obvious distrust to the members of the board of directors in the partnership;
another company was found that offers the most favorable conditions for the owners;
the owners decided that it was necessary to change the very form of organization in the company that manages the house and is responsible for solving housing issues;
the partnership by its actions has lost any confidence on the part of the apartment owners.

All the proposed grounds are of a very vague nature, since each individual case may have its own reasons why one or another owner, an individual apartment or even the whole house decided to change the partnership, which could be relied on to manage an apartment building.

In addition, in order to carry out the procedure for leaving the HOA, it is necessary that the owner meets a number of conditions, which are also set forth in the Association's Charter:

you need to make sure that there are no debts, and if there are unpaid invoices, then deposit funds on them;
draw up an application and send it to the appropriate board of the HOA, without this paper the procedure will not get started.

That is, there are no restrictions on leaving the association in question, the main thing is to pay off all debts, if any. Accordingly, when one of the owners has a debt, and the exit is carried out by the whole apartment, then it will be impossible to carry out the procedure without full repayment.

Methods and required documents

When the owner left the partnership, he ceased any cooperation with him, respectively. However, this does not deprive him of some of the possibilities. That is, an apartment should always in one way or another relate to some kind of association, which simplifies the procedure for resolving some housing issues, which is required by any apartment building.

Even if a person leaves the HOA, regardless of whether it is carried out in one apartment or alone, he can join the association again at any time. In addition, it was a voluntary exit or a compulsory role also does not play.

The statutes of any association and the law, namely the Housing Code of the Russian Federation, also define a number of ways in which you can exit the partnership.

The owner can apply any of them:

Personal appeal to the board and filing an application. At the same time, personal is not just a visit to the board, but simply an independent compilation of an application that will be accepted for consideration. It is allowed to use postal services, but then it is necessary to issue a registered letter with a notification so that it is known whether an HOA application has been received or not. Further, on the basis of such a statement, a decision will be made to exclude the owner or a separate apartment from the members of the partnership.
In this case, the owner himself decides the issue of his withdrawal from the partnership, without concluding any transactions.
Conclusion of a transaction for the sale of an apartment.In this case, upon concluding such an agreement, the owner will automatically lose all his rights as a member of the partnership, since the absence of a specific apartment in ownership deprives the person of the opportunity to participate in the association, using all the possibilities. The new member of the partnership will be the person who acts as the buyer.
It is he who will transfer all rights regarding the apartment to be transferred under the transaction.
The abolition of the partnership itself. The liquidation process eliminates all the consequences of such activities, respectively, and further opportunities to preserve some of the rights of its participants. If the HOA ceases to operate, then it will no longer concentrate in itself the authority to manage a particular apartment building. All owners will automatically be deprived of the membership in question simply due to the lack of the necessary association.

The first two methods depend directly on the desire of the owner, while the third option may come as a surprise to him, which will entail a forced withdrawal from the partnership.

The number of times that the owner applies the procedure for exiting and entering the partnership is not limited in any way. Each apartment owner has the opportunity to freely dispose of the right to join and leave the association.

Another important aspect for the process of leaving the partnership in question is the documents, the package of which must be offered to the board as justification and confirmation of the desire to hold this event:

direct application, in some cases in duplicate;
documents that confirm the owner's rights to a specific apartment;
the charter of the association, namely its certified photocopy;
technical documents of the apartment;
a certificate that establishes the fact that the owner has no debts for utility bills and other envisaged contributions.

As a rule, this list is presented as exhaustive. Even if the apartment is sold, then the new owner will resolve issues with the HOA, and the sale agreement can only act as a confirmation of the transfer of rights, but it will not act as a mandatory document.

Separately, it should be said about the statement. It must be drawn up personally by the owner, and by hand. The form of such a document is free, that is, the person in his own manner sets out the circumstances and the requirement to exclude him from the partnership.

However, some associations have their own accepted application form, which will have to be used when submitting documents.

And the application must always end with a signature and date, without them it will not be considered valid and the HOA simply will not accept it.

Procedure order

The procedure for leaving the partnership, provided that all the papers are on hand, and the reasons can be considered weighty, will not take a very long time.

In addition, refusals are extremely rare, since to participate in the association or not is the personal right of each owner.

The HOA acts as a kind of organization that offers its services for home management, while a person can use them or refuse them.

The submission of documents depends on the number of subjects. One owner sends the papers to the board, a group of people hands them over to the administration of the district or city.

Speaking about a specific action plan, it should be noted that it is easy to leave the HOA with one apartment if you take several consecutive steps:

Drawing up a statement. As mentioned above, this procedure must be carried out personally by the owner, which will confirm his will to leave the association.
Reconciliation of the parties. As such, the withdrawal from the partnership does not constitute some kind of dispute, however, most often it occurs due to the dissatisfaction of the owner. Accordingly, a mediation procedure is allowed, which makes it possible to settle some issues, and if the association enters into the position of a person, then the withdrawal procedure can be canceled.
Issuance of an order on withdrawal from the membership of the partnership. This result comes after the agreement failed. The HOA simply issues a document that confirms the fact that the owner is no longer part of the association. At this point, all legal relations are terminated.
Contacting a resource provider: This is necessary so that the owner continues to receive payments for the services that he will continue to use, only this time without the intermediary of the partnership.

When a person has rent arrears, then the subordinate step will be their repayment.

This must be done before submitting an application, since it is important to attach a document confirming the closure of all debts.

The only reason for refusal is debts; in other situations, no one can restrict a person's right to leave this or that association.

As a result, a document should always be issued that would confirm that the procedure in question was carried out, and the owner no longer relates to the HOA of this or that house.

Such a procedure is carried out within one week, this will also include the stage of issuing documents on the termination of relations with the partnership.

Withdrawal from the HOA does not imply any payment, including the state duty. The only possible expense is paying off debts.

All the consequences of such a procedure will only be that the owner will lose some privileges and will have additional responsibilities related to the use of utilities.

We are talking about the independent receipt and payment of all receipts that come from companies that provide the house with the necessary resources, that is, it is important to establish direct contact with them. The person will also take care of the common area of the house himself.

Otherwise, the lack of membership in the HOA cannot cause any difficulties.

Thus, it is not difficult to leave an association dealing with housing management, regardless of whether all residents of the house or one apartment show such a desire.

To carry out the procedure under consideration, it is enough only to provide some documents, comply with the conditions and repay debts.

In this case, the reasons for withdrawal may be different, and refusal on the part of the partnership is not allowed.

Source: https://ZhiloePravo.com/zhkh/tszh/kak-vyjti-odnoj-kvartiroj.html

how to leave from one home to another

Membership in an HOA is a right, but not an obligation, of the owner of a premise located in an apartment building.

Entry into this public organization is carried out on a voluntary basis.

Therefore, the owner of the premises at his own request has the right to leave the HOA by submitting an application and processing documents in accordance with the laws of the Russian Federation.

Is it possible to leave the HOA according to the law?

From tenants you can hear statements like "I don't want to be in the HOA!" Is it possible to refuse the services of a housing association? Yes, the procedure for refusal of owners of premises in an apartment building from membership in a HOA is regulated by paragraph 3, article 143 of the RF LC.

According to this document membership in the organization is terminated at the personal application of the owner or from the moment of termination of the ownership of the premises in the MKD.

The law does not provide for the possibility of establishing a different procedure for terminating membership by including a corresponding clause in the Charter of the partnership. The owner has the right to enter and leave the partnership without hindrance at any time., and the board has no legal basis to assist him in the implementation of these actions.

Article 143. Membership in a homeowners' association

Membership in a homeowners' partnership is terminated from the moment of filing an application for withdrawal from the members of the partnership or from the moment of termination of the ownership of a member of the partnership to premises in an apartment building.

What are the consequences of not using the organization's services?

Withdrawal from the partnership terminates the obligations associated with the tenant's membership in this organization. In particular, the obligation to pay membership fees and the right to participate in the general meeting and participate in decision-making are terminated.

All rights and obligations regarding the property object remain after this action. For a former member of the partnership the right to receive information about its activities from the governing bodies remains(minutes of meetings, accounting reports, conclusions of the audit commission, etc.).

At the same time, the owner of the premises will no longer be able to influence the decision-making of the general meeting in any way from the moment of leaving the organization. There are no negative consequences of the exit.

For the partnership itself, a single withdrawal from membership in it means only the absence of membership fees. The massive withdrawal of members from the organization threatens its complete dissolution, since, according to the law, it is subject to liquidation when less than 50% of the owners of MKD remain in it.

Should you do this?

Termination of membership in the partnership has a positive moment - exemption from payment of membership fees.

Depending on the size of the monthly payment, this can represent significant material savings.

If the tenant of the house is strapped for funds, the refusal of membership is beneficial for him.

However, membership in the HOA gives the owner the opportunity to participate in the management of the MKD, to influence the decisions of the meetings, on the management of common property. Therefore, he will not be able to influence these issues.

The owner of the premises in the MKD after leaving the partnership will need to conclude an individual agreement with the organization, prescribing the conditions for interaction and the procedure for paying payment for the supply of housing and communal services.

Documents for the procedure

To terminate membership in the organization, you must prepare documents:

statement;
documents for the property (Certificate of ownership, technical documentation);
certificate of absence of arrears on payment for housing and communal services.

How to correctly draw up a statement?

The application is drawn up in an official business style on an A4 sheet by hand or using technical means.

It contains the following points:

the name of the partnership and its full address.
Information about the applicant and the premises he owns.
Request to leave the HOA and founding.

There are no requirements to justify the reasons for withdrawal in the law, therefore the applicant can indicate the reason for the withdrawal at his own request.

Date and signature of the applicant.

Sequencing

How to get out of the HOA? To leave the organization, in any case, you must contact its board directly. In case of a single exit, the board is engaged in registration; in case of a mass exit, the administration of local self-government bodies participates in the procedure.

General order of the process

To complete the procedure, you should follow the steps sequentially:

submit an application to the HOA about the desire to terminate their own membership in the organization, specifying an arbitrary reason for leaving.
Receive from the board of the organization a decision to withdraw from the membership.
Contact the board with a request to conclude an individual contract for the supply of housing and communal services to a separate apartment. Or apply with a copy of the board's decision to enter specific resource-supplying organizations to conclude individual contracts.

Withdrawal from the membership

It is carried out by personal application without convening a general meeting and obtaining the consent of other owners.

The withdrawal from the HOA does not have any effect on the method of obtaining housing and utility services and paying for them.

The board has no right to prevent members from leaving the organization.

One owner

One owner will need to issue an exit from the HOA if the apartment is in shared ownership.

Each shareholder makes a decision to join or leave the organization independently.

The consent of other co-owners of the apartment is not required.

The owner writes a statement on his own and personally submits documents to the HOA in accordance with the above list. The rest of the owners of shares in this premises remain members of the HOA at their request. The exit of one co-owner does not affect their membership in the organization.

As an option, the application can be sent to the address of the organization by registered mail.

One apartment

The exit from the HOA by one apartment is also carried out at the request of its owners.

In this case, the owners of a particular apartment will need to conclude an individual agreement with managers or resource supplying organizations for the supply of utilities.

Automatic exit from the HOA of one apartment occurs when it is sold.

The new owner of the premises must apply to join the organization on the basis of the Title Deed.

Whole house

There are two ways to leave the HOA for all MKDs:

upon liquidation of the organization. For this, the general meeting of owners must decide to choose a different way of managing the house. Automatic liquidation also occurs when more than 50% of premises owners leave the organization.
Through reorganization. This procedure is regulated by article 140 of the LC. The decision is also taken by the general meeting. A HOA can be transformed into a housing cooperative or a housing construction cooperative. A separate type of reorganization is the division into two bodies of the previously existing HOA, created into two houses. The consent of the owners of another house included in the common HOA is not required (Article 161 of the LC).

Article 140. Reorganization of a homeowners' association

The reorganization of a homeowners' association is carried out on the basis and in the manner established by civil legislation.
An association of homeowners by decision of the general meeting of owners of premises in an apartment building may be transformed into a housing or housing construction cooperative.
The reorganization of an association of homeowners created in two or more apartment buildings may be carried out in the form of division, provided that the requirement established by part 1 of Article 136 of this Code is met.

The decision on the division of the partnership may be taken at the general meeting of its members by a majority of the members of the partnership from the number of members of the partnership present at its general meeting, subject to consent to such division of the general meeting of owners of premises in each apartment building, the decision on which was made by a majority of the total number of owners premises in each apartment building within two years from the date of the general meeting of owners of premises in an apartment building, the owners of the premises in which initiated such a division.

The reorganization of an association of homeowners created in two or more apartment buildings may be carried out in the form of separation, provided that the requirement established by part 1 of Article 136 of this Code is met.

The decision on the separation of the partnership can be made at the general meeting of owners of premises in an apartment building, in which the partnership of homeowners will be created in the process of separation, by the majority of the total number of owners of premises in this building.

IMPORTANT! The creation of two organizations in one apartment building is prohibited by law (Article 136 of the LC).

To liquidate or reorganize the HOA, the following actions are taken:

a general meeting of members is appointed with an appropriate agenda.
Residents draw up statements of unwillingness to be further served in this organization.
The board makes a decision to liquidate the organization in the minutes and hands over the documentation for the house to the owners.
Within 30 days, a new meeting is convened, at which a decision is made on an alternative way of managing the MKD.
The partnership closes accounts, terminates contracts with resource supplying organizations.
The new manager accepts the documentation and renews the contracts.

Further intentions

The entire procedure for the exit of one member or one apartment is carried out within 7 calendar days. In some cases, the timing may change.

The procedure does not imply the payment of funds, except in cases where the applicant has debts to pay for housing and communal services.

After completing the necessary documents, the applicant is given an official response from the board or administration of the settlement that he is no longer a member of the organization. If there are debts, the board will first demand to pay them off.

After completing the procedure, the tenant of the house will need to independently take care of the territory adjacent to his apartment and pay for housing and communal services directly to resource supplying organizations. If an individual contract is concluded with the managers, the payment for housing and communal services can be continued as usual.

The process of leaving the HOA does not differ in any difficulties and only requires its registration in accordance with the laws of the Russian Federation. To carry out the procedure, it is legally worthwhile to consult with specialists in advance.

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Is it possible to refuse HOA services?

The procedure for refusing HOA services

Withdrawal from the HOA will look like this:

If factors are found that do not suit the owner of the apartment, namely, excessively high payments for utilities or non-compliance with the terms of the agreement with the HOA, the owner has the right to contact the management of the association with a claim.
In the event that the board has not taken any action to deal with the current situation, the owner of the apartment has the right to write a statement to quit the HOA.
After that, a general meeting of apartment owners is convened and the owners make a decision on the person's withdrawal from the association by voting.
The adopted decision is confirmed by the corresponding document.
Even after leaving the HOA, the person is obliged to pay utility bills, and with the existing claims, they have to go to court and the prosecutor's office.

Documents for refusing HOA services

In order to refuse to participate in the affairs of the partnership, the owner will need to present the following documents:

applicant's passport;
application of the established form;
agreement with the HOA;
documentation confirming ownership.

After the decision to withdraw is made, an appropriate act is drawn up, which is signed by the applicant, the chairman of the HOA and the secretary.

Consequences of refusal from HOA services

The most popular questions and answers to them on the refusal of the HOA

Question: Dear experts, please tell me how to deal with this situation. The point is that our reign HOA abuses his position and has repeatedly raised utility bills... I contacted written statement to the chairman, but for a month now I have not received any answer. Turning to the secretary with a request to study the accounting reports and the procedure for calculating these payments, I also received a refusal. Tell me what actions to take, and can I issue a cancellation of the HOA unilaterally? Faith.

Answer: Good afternoon, Vera. In your case, two scenarios are possible. The first is to turn to to the chairman of the audit committee with a statement of their claims. If this body does not take any action, then you should contact the prosecutor's office regarding the violation of your rights as a home owner and a citizen. Representatives of the department will check, and if fraudulent schemes are found to steal someone else's property, the HOA will be liquidated, and you will not have to leave it.

According to Art. 136 ZhK RF, you can write a statement to delete you from the members of the partnership, but in this case you will lose the ability to control the activities of the HOA board, but you will not be able to stop paying utility bills. After that, you still have to go to court and resolve all issues regarding the claims already there.

An example of refusing HOA services

Citizen P. was a member of the HOA during a year... After the specified time, an accident happened in the house - the elevator broke off. P., repeatedly warned the board of the partnership about a possible accident, expressed his complaints to the chairman and threatened to leave the association and appeal to the police.

In turn, the chairman said that P. could not do this, because, allegedly, according to the law, such actions are impossible.

The citizen applied to the prosecutor's office to conduct checking the activities of the board the partnership that gave rise to the facts theft of common property.

After that, the HOA was liquidated, and criminal cases were opened against the chairman and members of the board on the basis of the facts revealed.

Conclusion

As a result, a number of conclusions can be formulated:

According to law, HOA Is a non-profit association, which consists of the owners of residential premises of a residential complex and performs functions aimed at maintaining the building in good condition.
Only owners of real estate in this house and citizens who have reached the age of majority can become members of the partnership.
The organization is led by a board headed by a chairman, who are elected by a majority vote.
A person can refuse to participate in the activities of the partnership and demand an exit from it, however, his application must be supported by a majority of votes of the general meeting of residents.
The owner has the right to submit application for withdrawal from the HOA in case of non-compliance by the board with the terms of the agreement, as well as in the presence of claims to the activities of the governing body of the partnership.

If an HOA is created in your house without a decision of the general meeting of owners of a residential building, you can appeal the creation of such an HOA in court. This requires:

1. Create an initiative group from among the owners of the premises of your apartment building. To create an initiative group, at least three owners of a residential building are required. The initiative group is created on the basis of the Federal Law “On the General Principles of Organization of Local Self-Government in the RF and the RF Housing Code”. The purpose of creating an initiative group is to challenge the general meeting of owners of a residential building, at which a protocol was adopted on the creation of a fictitious homeowners association.

2. The meeting of the initiative group is drawn up by the minutes. The person elected as the chairman of the initiative group, or another person authorized by him, requests an extract from the unified state register of legal entities (extract from the Unified State Register of Legal Entities) on the created HOA. An extract from the Unified State Register of Legal Entities is requested from the MIFNS of Russia of the corresponding district of the city. Together with the extract, you should request the minutes of the general meeting of the owners of the residential building, on the basis of which the HOA was created.

3. After receiving the above documents, you should file a statement of claim "On challenging the decision of the general meeting of owners of a residential building on the establishment of a homeowners association" by the District Court of Volgograd.

You can get the form of the statement of claim challenging the decision of the general meeting of the owners of a residential building on the creation of a homeowners association at the Housing and Utilities Committee of the Volgograd City Duma at: Lenin ave., 10, office number 27 from 10.00 to 17.00.

But the process of challenging the legality of creating a homeowners association will take some time. Really all this time the tenants will have to just wait for the court's decision and put up with low-quality services provided by the management company with which the "fake" HOA signed an agreement?

No, you don't have to. The thing is that according to Part 3. Article 161 of the Housing Code of the Russian Federation, the method of managing an apartment building is selected at a general meeting of owners of premises in an apartment building and can be selected and changed at any time on the basis of its decision.

The decision of the general meeting on the choice of the management method is mandatory for all owners of premises in an apartment building, while, for example, the Charter of the HOA and decisions of its board are binding only for members of the HOA, and members of the HOA are only homeowners who wrote the application in writing about joining the HOA. It follows that changing the method of managing an apartment building for the management of the Management Company and the election of a new Management Company means the termination of all contractual rights of the HOA with other service organizations. That is, the owners have the right at any time to change the way of managing their house “chosen” earlier without their participation by holding a general meeting with an appropriate agenda.

If an HOA is created in a house, does this mean that all the owners of this house are automatically its members, and in order to change the way an apartment building is managed, you must first leave the HOA?

According to paragraph 2 of Art. 30 of the Constitution of the Russian Federation, no one can be forced to join any association or stay in it. Therefore, it is impossible to force the owner to become a member of the HOA against his wishes. If the owner of the premises did not submit a written application with a request to accept him as a member of the HOA, then there is no need for him to leave. In addition, as I have already said, the presence of a condominium association in an apartment building does not prevent a change in the way this building is managed.

If the owners decide that the HOA is the most suitable way of management for them, but not the one that was created earlier, what should they do? Is it possible to create a new homeowners association in the same house?

It is possible, but in this case you will still have to wait for the court's decision. The thing is that, according to the Housing Code, an apartment building can only be managed by one Management Company or one HOA can be created. Therefore, to create another HOA, it is necessary that the first HOA be liquidated. If the decision of the general meeting of tenants, on the basis of which the fictitious HOA was created, is declared invalid by the court, this will actually entail the liquidation of such HOA. However, it should be remembered that the terms of such liquidation are not established by law, and the board of the HOA will most likely not be in a hurry with this.

Is it necessary to preliminarily agree on the transfer of control of the house to the Management Company with this company, or is it enough to simply vote for the selection of this company as the manager at the general meeting? How do you choose the right Management Company?

Yes, it is necessary to obtain the prior consent of the Management Company at the stage of preparation of the general meeting. After all, ALL Management companies in Volgograd are commercial organizations and are not at all obliged to conclude a management agreement with each house that applies to it. To do this, there must be a technical and financial capability to fulfill the management contract. In addition, it is advisable, also at the stage of preparation of the general meeting of residents of the house, to agree with the Management Company the terms of the management agreement proposed by this company, the form and content of the report that it will provide to the owners of the premises of this house. If the Management Company works honestly, it usually tries to provide the owners with all the necessary information about how much and for what purposes the collected funds will be spent. What types of repairs have been carried out in the past period and what are planned to be performed in the future. It is necessary to discuss all issues of interaction with the Management Company before concluding a management agreement and before holding a general meeting. The less ambiguity, the more correct the choice will be.

Choose the Management Company that has established itself among the residents of those houses that it serves on the positive side. Do not be lazy to look at the houses, courtyards and entrances, talk to the residents of the houses, go to the office of this company. And your heart will help you draw the right conclusion.

And the last but very important advice. We all want to live in a beautiful modern city. But the city is not only the Central Embankment and the Alley of Heroes. The city is also the houses in which we live, the courtyards in which our children walk, the entrances through which we pass every day to our apartments. And only our civic position depends on what our city will be like. By voting at the general meeting of the owners of your house for the choice of a management method or the choice of a particular Management Company, we decide what our money will be spent on - on the maintenance of crooks or on the maintenance of the common property of the house, yard, city as a whole.

IMPORTANT! The charter of the HOA should provide for the termination of the activities of each of the participants or the full composition of the board, in case of failure by them to fulfill their direct duties and the election of new ones.

Withdrawal from the board of the HOA can be carried out and by personal statement its member, composed according to the following principle:

An example of a document in the photo below:

In case of exclusion from the board, including on a voluntary basis, the question of choosing another owner of the dwelling for this position should be raised... At the general meeting, a vote will be taken on the appointment of new suitable candidates for the effective leadership of the house.

The new (elected) member of the board must wait until the expiration of the term of the previous candidate, instead of whom he came.

You can refuse not only from membership in the board but also from membership in the partnership itself.

Refusal of HOA by one apartment

Sometimes, only the owner of a certain apartment expresses his dissatisfaction with the partnership.

Note! A citizen has every right to withdraw from membership at any time, even individually.

The motives for leaving may be different, this will not affect the work of the HOA. For the existence of a partnership, it is necessary that at least half of the owners of the MKD belong to it.

Usually the procedure for leaving the HOA of an apartment building looks like that:

To the statement you need to attach documentation:

paper for ownership;
housing technical documents;
a certificate of the absence of debts in payment for services (can be taken from the accounting department of the HOA, the Unified Information and Settlement Center, the ZhEK);
copy.

The application is considered within one week and subsequently an order will be made to leave the organization. Also, all residents of the house will be notified of your departure.

If the board ignores the statement, you can go and remind about it again, or contact the employees of the housing inspectorate.

A properly executed contract must indicate:

ATTENTION! Read the contract from beginning to end, sometimes additional clauses are added to it, obliging the owner, who is not a member of the HOA, to take part in his expenses, up to the payment of membership fees.

Leaving the HOA membership will entail some changes for the owner:

the inability to attend meetings, to influence the decisions of the partnership;
no need to pay membership fees;
can be forced to conclude a service agreement with various organizations, infrastructure facilities, so leaving the partnership rarely saves you from unnecessary waste and extortions.

Application for exclusion from membership of HOA you need to make out like this:

note that even without being a member of the HOA, you can conclude an agreement with him for the payment of utilities (electricity, water, gas), repair and maintenance of the premises.

Registration of documentation on withdrawal from membership free of charge... To confirm the approval of the application, a written response from the HOA will be issued.

They can refuse if:

there are debts;
you are not the owner of the apartment.

There are cases of mass withdrawal from the partnership, by all owners.

How to go out with the whole house?

Owners, as a rule, are interested in the question of whether how to abandon a homeowners' association of one house... We will try to answer in detail.

So, this can only be done if liquidation of a partnership(regulated by the Civil Code of the Russian Federation) or reorganization (Article 140 of the LC RF).

Liquidation or reorganization (when several apartment buildings are included) will occur if less than half of the owners remain members of the HOA.

Exit process for both cases practically does not differ and it happens like this:

More than half of the owners are required to prepare and transfer statements about the desire to leave the HOA(written in the same way as for the case with one apartment).
At the general meeting, end-of-partnership decision and the Protocol is signed.
A new way of leadership is chosen apartment building by voting at the general meeting of owners.

Statements about the desire to leave "the whole house" from the HOA are submitted to the Administration of the district or city. The answer about the acceptance and approval of applications will come from the same place. The procedure is carried out absolutely free.

The process of abandoning a homeowners association only seems simple, but there are a lot of nuances in the LCD and the Civil Code of the Russian Federation. You need to consider this decision carefully and, possibly, consult a lawyer.