Tszh step by step instructions. Creation of homeowners' association. Creation of an initiative group

The owners of the premises of one or more residential buildings can create an HOA - a partnership to organize the provision of utilities and their payment, as well as for the purpose of organized management common property.

The creation of an HOA includes two main stages:

At the preparatory stage, it is necessary to form an initiative group, whose members will explain to the tenants the need to create a partnership and organize a meeting of owners living quarters.

At the meeting, residents must decide on the formation of a homeowners association, approve the charter and governing bodies of the created partnership. Then the elected management needs to prepare a package of documents for registering an HOA as legal entity.

An owner partnership can be created by residents of one or more houses, adjoining territories which have adjacent borders, in accordance with paragraph 2 of Art. 136 LCD RF. The boundaries of such territories can be seen on the land-surveying project in the town-planning committee of the local administration.

At the stage of registration, the board of the partnership fills out an application to the tax service for registration of the partnership and submits the charter and minutes of the meeting of residents, signed by a notary, at which a decision was made to establish an HOA.

Creation of an initiative group

A group of initiative owners is created in the amount of five people for the following purposes:

• property appraisal apartment buildings;
• explanatory work;
• notification of the meeting to comply with the procedure for registration of the HOA.

Information about the property located in collective ownership apartment owners, initiators can find out at the BTI.

After that, it is necessary to make a tour of the apartments in order to find out the opinions of residents about the work of the current management company and proposals to form a partnership to improve property management at home and reduce payments on receipts, since HOAs do not profit from their activities, which distinguishes HOAs from private management companies.

Notifying owners of a meeting of an apartment building

After carrying out the explanatory work, the initiators of the formation of the HOA appoint the date of the meeting of the owners and notify them about it 10 days before the meeting.

To attend the meeting of the required quorum (owners of more than half of the total floor space in buildings), it is important to convey information to each tenant. It is advisable to use individual written notices in which residents will sign their information.

If subsequently a large group of tenants is found who have not been notified of the general meeting held, this may become the reason for the meeting to be declared invalid and the HOA dissolution, therefore, it is imperative to collect signatures of at least half of all residents of the territory of the future partnership before opening the HOA ..

The notification should indicate the date of the meeting, its purpose, as well as the phones of the members. initiative group in case you have any questions.

Conducting a meeting

The owners of residential premises need to come to the meeting with a passport and a legal document for housing. First of all, there is a choice of the person presiding over the meeting, as well as the secretary keeping the minutes of the meeting. Usually these are members of the initiative group, which we mentioned in the first paragraphs of the instructions on how to register an HOA.

• partnership formation;
• selection of governing bodies;
• selection of control bodies before becoming a HOA;
• adoption of the charter.

The decision to form an HOA is made by a simple majority of votes of those present (50% + one vote), in accordance with paragraph 1 of Art. 136 LCD RF.

Choosing a chairperson in an apartment building is easy

The chairman of the partnership has the authority to act.

The responsibilities of registering the created organization with the tax service are also within the competence of the chairman.

On behalf of the organization and in its interests without a power of attorney, in accordance with paragraph 2 of Art. 149 LCD RF.

Article 149. ZhK RF. Chairman of the Board of the Home Owners Association

1. The chairman of the board of a homeowners' partnership is elected for a term established by the partnership's charter. The chairman of the board of the partnership ensures the implementation of decisions of the board, has the right to give instructions and orders to all officials partnerships, the execution of which is mandatory for the specified persons.
2. The chairman of the board of a homeowners' partnership acts without a power of attorney on behalf of the partnership, signs payment documents and concludes transactions that, in accordance with the legislation, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of the members of the partnership.

   Develops and submits for approval by the general meeting of the members of the partnership the rules of the internal order of the partnership in relation to employees whose duties include the maintenance and repair of common property in an apartment building, the provision on remuneration for their labor.

   Approval of other internal documents partnerships provided for by this Code, the charter of the partnership and decisions of the general meeting of the members of the partnership.
   (as amended by Federal Law of 04.06.2011 N 123-FZ)
   (see text in previous edition)

The chairman can be elected in two ways:

1. general meeting of tenants;
2. meeting of board members.

In the second case, the tenants elect the persons who are on the board of the HOA (from 3 to 5 people) at the general meeting. The board members subsequently elect a chairman.

With a large number of homeowners, an absentee vote may be held for board members. In absentee voting, members of the board are elected by the list when the initiative group goes around the apartments, and the signature of the voter must be put on the ballots, and his passport data are indicated.

The term for which the chairman is elected should be specified in the organization's charter. For the election of the chairman, the votes of the owners of more than half of all square meters of housing belonging to the created partnership are required.

In addition to the chairman, at the constituent assembly it is necessary to elect members of the control and audit commission, the main task of which is to control financial activities members of the board. The Control and Auditing Commission is elected for a period not exceeding two years.

Development and adoption of the charter

The charter of the created organization must be developed by the initiators of the creation of the partnership before the general meeting.

• meeting minutes;
• adopted charter;
• data on the persons who voted;
• data on square meters belonging to the voters;
• a receipt for payment of the state duty (4000 rubles).

The minutes of the meeting and the charter must be certified by a notary office and have copies.

Selection of OKVED

Before submitting papers to the tax service, the chairman of the HOA must decide on the classification of the created partnership according to OKVED. The OKVED code is determined depending on the statutory goals of the organization.

For most HOAs, the following codes are suitable:

• code 70.32 - real estate management;
• code 70.32.1 - housing maintenance management.

If in doubt, you can send an official letter to the tax office asking which code is suitable for a particular organization.

Filling out an application for registration

To register an HOA, the chairman submits the prepared documents to the tax authority and fills out an application in the R11001 form, which must contain the following information:

1. name of company;
2. organization address;
3. data on the owners who created the organization;
4. information about the founders;
5. OKVED code.

Information about each founder (board member) should be provided on a separate sheet. Each sheet of the application is signed by the chairman.

The name of the organization indicated during registration with the tax authority must necessarily contain the words "homeowners' association", in accordance with Art. 135 ZhK RF.

It is allowed to submit an application by mail, but in this case, each sheet of the application must be certified by the signature of a notary. Certification of the application is not required only when the chairman personally applies with a passport to the registering authority.

After submitting an application with documents, tax officials must register the partnership as a legal entity within three days.

Reasons for refusal

After checking the provided data and documents, the tax authority may refuse to register a legal entity in the following cases:

• indication of false information in the application;
• use of forged documents;
• provision of an incomplete package of documents;
• provision of an extract from it instead of the minutes of the meeting;
• signing of application sheets by an unauthorized person.

The reason for the refusal must be provided by the tax officials in writing. After eliminating the cause, you can re-apply for registration.

IMPORTANT! Tax office is not authorized to check compliance with the procedure for creating a homeowners association, determined by the Housing Code of the Russian Federation and others regulations legislation of the Russian Federation.

So, the knowledge of how to organize a homeowners association can be a good alternative to management companies if responsible homeowners who are versed in housing legislation and have experience of leaders are elected to the board. When creating a partnership, it is important to inform as many residents as possible and comply with all the necessary formalities in order to prevent the dissolution of the organization due to violations of the rules for its creation.

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

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

If we talk in simple words, then we are talking about the association of homeowners in the MKD. As for the legislative interpretation, in the RF LC, a partnership is defined as a non-profit organization that is created specifically for the disposal of communal property within the framework of the law.

V Lately There are a lot of negative reviews about this form of MKD management in the network. For the most part, the complaints are about the bad faith of the elected chairman and the absence of a full-fledged settlement system with residents. Sometimes problems arise even at the stage of organizing a partnership.

If we talk about the goal of creating a HOA, then the most important thing is the availability of open access to finance and subsequent spending Money for the improvement of the adjacent territory and providing citizens comfortable stay... With the right organization negative consequences will not, and even vice versa, people will receive additional features and benefits.

How to start organizing a partnership?

The organization of a homeowners association can be fraught with some difficulties. First of all, it is necessary to resolve issues of legal and financial plan... It is important to establish who will handle the documentation required to register the community and who will notify residents of the general meeting.

As an aid, you can use the RF LC, which describes in detail the procedure for organizing a community with the highlighting of significant points. All these provisions and requirements must be observed very strictly, since even the slightest violation can lead to the organization being declared illegal.

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

The procedure for holding a meeting of owners

A pre-formed group of initiative residents takes responsibility for organizing the general meeting. For this, citizens draw up an agenda for convocation and send out invitations to the meeting in the manner prescribed by law. It is important that the letters are delivered to the tenants no later than 10 days before the due date.

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

A few words should be said about quorum. The fact is that the vote is considered valid only when more than 50% of the participants have voted. The voice of each member of the community is weighted differently according to the size of the home owned by the citizen. How more apartment, the more weighty the voice.

Further steps to create a partnership

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

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

Registration of the submitted appeal will take up to seven business days. In the future, a special commission is formed from members of the board and representatives of the municipality, which carries out the procedure for receiving and transferring the house. Additionally, all the necessary technical documentation.

In conclusion, the leaders of the partnership will need to prepare and send special notifications to the Property Management Committee and the City Administration of the Administration. Additionally, you will need to open a bank account for subsequent replenishment from the side of residents and spending funds to pay for resources.

Conclusion

The creation and registration of an HOA is a complex procedure with a lot of subtleties and various nuances. So that in the future the drawn up documentation and the partnership itself are not recognized outside the law, it is necessary to carefully study primary documentation community and take into account all the features of the organization of such a form of ICM management.

Homeowners' association is an excellent alternative to the management company. The owners of the committee decide to improve the quality of the provided utilities, the need to improve the house.

Dear Readers! The article talks about typical solutions legal issues but each case is different. If you want to know how solve exactly your problem- contact a consultant:

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The HOA acts in the interests of residents and takes into account their opinions and wishes.

What it is

The HOA or Homeowners Association is a non-profit organization whose purpose is to act as a management company.

It is drawn up as a legal entity and in the future bears responsibility to the tenants.

In one apartment building, only one HOA can be created, consisting of apartment owners. Everyone has the right to create a partnership (in its absence), but not to join it.

The decision on the need to create a homeowners association is made at a general meeting. To start the process of registering a legal entity, the consent of at least 50% of the owners is required, which is documented.

Where to begin

In order for the residents of the house to make a decision in favor of creating an HOA, it is required to convince them that the partnership is more effective in resolving issues and problems than other types of management companies.

To create an HOA, you first need to get information about the house, whether it is managed by another partnership. You can request information at the territorial office of the BTI.

The partnership has several positions in its composition, for which the owners of the house are elected by voting or by the head of the HOA:

• chairman;
• audit department;
• other specialists.

If you wish, you can distribute responsibility for the property of the house and the surrounding area to several people.

Video: how to leave the management company and create an HOA

For example, one owner will be responsible for the playground, the other for the parking lot, etc. How more people will be involved in management, the better the result of the work will be.

Main conditions and requirements

When creating an HOA, several important conditions must be met:

When organizing a HOA is created, containing the following information:

Basic goals

The creation of an HOA is necessary to achieve the following goals:

The main task of the partnership is to conclude contracts for the supply of utilities and control over their provision.

Questions regarding the lack of services or their receipt in poor quality are resolved by the HOA.

Step-by-step instructions for creating an HOA in 2020

When planning to create an HOA, you need to be confident that there will be enough time and effort to fulfill the main goals of the partnership.

This is relevant provided that the management company does not cope with its task and the apartment owners are dissatisfied with the quality of the services provided.

The initiative group should include as many owners as possible interested in effective home management.

Often, after the formation of a partnership, problems arise related to improperly organized work or too little goal set at the very beginning.

As a result, it turns out that the owners of the HOA created do not need or are poorly prepared to perform the main tasks. And the main problem is the lack of association of home owners.

Before creating a HOA, it is important for owners to understand why they need a partnership, what results of its work they want to see.

The main task is to unite the owners to improve the quality of property ownership, to provide all apartments with utilities.

At the same time, the wishes of the owners are taken into account, their questions and requirements are considered.

In an apartment building

To organize a HOA in an apartment building, you will need to obtain written and oral consent from more than 50% of the owners.

Residents should not be opposed to the creation of a partnership and the transition to a new type of management. Moreover, the larger the size of the property, the more significant the vote.

For example, the owner's opinion three-room apartment prevails over the opinion of the owner of a one-room apartment.

The main task in organizing a HOA is to find the required number of tenants who agree with the changes. Then you can proceed to the preparatory stage.

It consists of several important steps:

The following issues are preliminarily resolved:

1. The size of the HOA budget, membership fees.
2. Where the office space will be located.
3. Compilation with staff.

If the meeting has a positive outcome, then with the prepared documents it is necessary to contact the territorial tax inspectorate.

Organization of an initiative group

The organizational group consists of 5-7 people and is recruited from the owners of the house. Members of the initiative group can later join the partnership.

It is advisable to choose people with experience in accounting, knowledge of communal services and those who have organizational skills and are trusted by other residents.

The residents of the initiative group take on the responsibility of sending notifications of the meeting date to the residents and disseminating information at the stands.

They can also promote the partnership, talk about the need to organize an HOA and why it is better than a management company.

Conducting a meeting

The HOA's activities are related to providing conditions for a comfortable stay of owners.

And a partnership is created in the interests of the tenants. Therefore, holding a meeting is the most crucial step.

At the meeting, the owners will need to convey information about the need to create a homeowners association, about the upcoming changes.

It should be borne in mind that the Russian people trust more government services, how non-profit organizations who promise to raise money and direct it to the needs of the home.

Therefore, it will be problematic to convince them, especially representatives of the generation of the old school, who have gone through the devastation in the Soviet Union.

The emphasis should be placed on the coming changes for the better, on the fact that the funds contributed for repairs will be directed to the needs of the house, and not to the pockets of officials.

You need to prepare for the meeting in advance, thinking over the questions that the tenants have.

The meeting is held in several stages:

Registration of a legal entity

The HOA is registered as a legal entity. This requires:

• hold a meeting of owners;
• draw up the minutes of the meeting;
• submit an application in the established form.

The chairman of the HOA applies to the tax authorities with a package of required documents. Registration is paid, the size of the state fee is 4000 rubles excluding the fee for notary services.

After the transfer of documents, the registration authority:

1. Checks documents, establishes their authenticity and compliance with the stated requirements.
2. Issues a receipt on receipt of documents.
3. Indicate the date when the result is to be obtained.

Collecting a package of documents

The following documents are submitted for consideration to the tax office:

All documents are provided in the original, if necessary, you will need to make copies.

The list of documents must be clarified before applying in order to immediately make copies and certify them with a notary.

It takes about 7 days to review the documents. During this time tax office makes a decision on the expediency of registering a legal entity.

The procedure for creating a homeowners association includes drawing up an acceptance and transfer at home. To draw up the document, a commission from the housing inspection bodies is called.

It should also include members of the HOA management. Based on the results of the inspection, technical documentation is drawn up that corresponds to the current legislative regulations and rules.

The transition to another form of management does not entail a change in the tenants' ownership rights. Their documentation is not subject to correction.

After the formation of the HOA, notifications are created and sent to the authorities for the management of the economic part of the city and the committee on property management.

A legal entity opens a bank account. It is necessary to transfer funds to pay utility bills and other material resources.

After the completion of work on the creation of a homeowners association, the former balance holder of the house is notified of the changes made with the provision of the necessary documentation.

Start of functioning

The HOA has the right to start its activities after the registration of a legal entity. Having in hand the documents on the creation of a partnership, it is necessary to notify the tenants of new system management.

Initially, you will need to find personnel who will be responsible for cleaning the house, territory, will be listed as an electrician, locksmith, etc.

The question of the advisability of hiring personnel is best dealt with with the tenants. If the house is small, then in order to avoid unnecessary costs, you can clean the territory on your own, arranging subbotniks.

Emerging powers

The biggest mistake of the board members of the HOA is to immediately declare their powers, to put themselves above other tenants.

We need to act differently, rallying the apartment owners into one team. And then the question of the need to replace windows will be resolved faster, money will begin to come more willingly.

The partnership has the right:

Most of the actions can be performed only with the consent of the owners. But, in order not to distract tenants on trifles, you can indicate in the charter HOA rights to carry out minor work on personal initiative.

Homeowners' association participants are prohibited from maintaining entrepreneurial activity on behalf of the partnership, impose additional services on residents, charge fees for non-existent services.

In its work, HOA is guided by the charter and. If violations are identified, residents can go to court to dissolve the partnership and transfer to the old management system.

What responsibilities

The organization of a homeowners association implies the emergence of responsibility to the tenants. The chairman and board members must fulfill the goals set and take into account the wishes of the residents. Global changes are possible only with the consent of the owners.

The main responsibilities of the HOA include:

• careful management of common house property;
• ensuring high-quality and uninterrupted supply of utilities, timely payment;
• budgeting for running costs;
• resolving issues about overhaul buildings, etc.

Since its inception, the HOA is fully responsible to residents and government services.

Main pros and cons

The main advantages of the HOA must be conveyed to the tenants:

The main advantage of the HOA over the management company is to act in the interests of the tenants.

The chairman and members of the board are owners, so it is important for them to focus their activities on improving their living conditions.

The management company acts only in the interests of the state and rarely takes into account the opinion of the owners.

Activities, including financial, HOA are transparent, every tenant of the house can get acquainted with accounting reports, see where the collected money goes. Information from tenants is not hidden, but is freely available.

Payment for utilities is made directly from the homeowners association's account. This reduces the likelihood of debt, unlike a management company.

Of course, the responsibility for non-payment also falls on the HOA, but with properly organized work, there is no debt.

And now about the disadvantages:

Partnership is not just a way of management, it is a great responsibility towards the residents of the house and government agencies.

Owners apartment building have the right to independently manage their property. To do this, they need to organize a partnership and officially register its activities. How to create an HOA in an MKD in Russia in 2020?

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It's fast and IS FREE!

Russian housing legislation provides for several options for managing an apartment building.

One of them is self-management through the creation of an HOA. How to properly organize a homeowners' association in 2020?

Basic moments

The term “homeowners' association” means a non-profit association created to organize the normal functioning of a residential complex.

In particular, the RF Housing Code regulates issues such as:

• the general definition of a homeowners' association;
• the procedure for creation and state registration;
• the rights and obligations of the members of the association;
• procedures for amalgamation, reorganization, liquidation of HOAs, etc.

The main provisions on the work of the HOA are given in the following articles of the RF LC:

Step-by-step instructions on how to create a HOA in an apartment building for free

To organize a homeowners' association in an apartment building, the procedure stipulated by the current legislation should be strictly observed.

Otherwise, difficulties may arise at the stage of registration of activities or subsequently the formation of the organization may be recognized as illegal.

A quick guide to creating a homeowners association includes the following steps:

Making a decision to create a partnership	Only one HOA can be created in one house. Moreover, education is recognized as legitimate when the number of owners of premises who have more than 50% of the votes of the total number of owners voted for the creation.
Registration of the necessary documents	Confirming the decision and the legality of the meeting
Development and approval of constituent documents of the organization	Based on which activities will be carried out
Selecting a governing body	You need to choose a board before registration. At the same time, the meeting of residents immediately selects an audit group, which will monitor the work of board members.
Registration TSN (HOA)	To do this, you need to prepare the necessary package of documents and register with the tax authorities as a legal entity

Only after the official registration, the partnership can begin its activities in the management of the house.

But you need to know that each of these stages has its own characteristics and nuances, which are important to take into account and observe.

Where to start

The creation of a partnership of owners should begin with the formation of an initiative group. In principle, one person can also become the initiator, who will take up the preparatory stage, but it will be difficult for one person to carry out the necessary measures.

To establish an initiative group, it is advisable to post an announcement on the convocation of a trial general meeting on the doors or information boards of the entrances.

After a group of active owners has been formed, you need to collect information about all owners of premises.

The necessary information about the premises of the house can be obtained from the BTI, and data on the owners of the premises should be requested through Rosreestr.

The next step is to convene a general meeting of residents. It is necessary to notify all owners of the premises about the upcoming meeting.

The appropriate ones can be handed in personally against signature or sent by registered mail. The notification says:

• notification of the fact of holding a meeting on the initiative of a group of owners (full name is indicated);
• place and time for the meeting;
• planned agenda.

Attention! The general meeting cannot officially discuss issues that are not on the agenda.
All property owners must be notified at least 10 days prior to the meeting.

If the meeting is attended by owners with less than 50% of the votes, then the quorum is considered not met and the meeting must be re-convened.

The procedure for holding a meeting of owners

The general meeting of residents is carried out in two ways:

• full-time;
• correspondence.

When holding a meeting in person, several lists are drawn up - for registration of the present owners and for voting on the issues on the agenda.

In this case, it is desirable to include three options for the answer - "For", "Against". "Abstained."

The meeting is chaired by a chairman elected by a majority of those present. A secretary is also selected, who is to take minutes of the meeting.

After discussing the issues assigned in advance, a vote is taken. Owners must:

• make a decision on the formation of a homeowners association;
• elect the members of the board and the composition of the audit committee.

The decision made becomes binding on absolutely all home owners, regardless of their participation in the meeting.

Following the meeting, the following documents are being prepared:

• registration list of participants;
• voting sheets.

If the meeting fails due to lack of quorum, the meeting must be re-convened. But it is also allowed to hold a meeting in absentia.

Video: how to create an HOA

When conducting meeting in absentia the owners of the premises fill out the decision forms and hand them over to the members of the initiative group. The voting results are posted on the information stand at home.

In the completed decision of the owner, the following information is indicated:

• data on the person taking part in the voting;
• information about documents of title;
• decisions on the issues discussed.

Establishment of the Charter

When the owners decide in favor of the formation of the HOA, it is approved. For approval, it is also carried out general meeting owners who wished to join the HOA.

Registration of the meeting is carried out in the same way - the provisions of the Charter are discussed, its final version is developed, and a vote is taken on approval.

The HOA charter must include the following provisions:

• purpose and activities;
• legal status;
• for separate premises and common property;
• the procedure for the formation of partnership funds;
• economic activity;
• the procedure for joining the HOA;
• the rights and obligations of the participants;
• management procedure;
• managing and supervising bodies;
• reorganization / liquidation procedure.

Carrying out the registration process

The procedure for registering a HOA is carried out in tax authorities at the location of the house. The applicant is the elected chairman of the board. Required package documents includes:

• certified by the signature of the chairman;
• minutes of the general meeting with the decision on the organization of the HOA and on the approval of the Charter;
• The charter in duplicate;
• information about the persons who took part in the voting and their share in the common property;
• about payment for registration (4,000 rubles).

Many apartment owners in the Russian Federation prefer to manage the property of the house together with other tenants in the form of a homeowners association. The creation of such a structure is rather strictly regulated by legislation, at the same time, the implementation of this initiative presupposes a completely logical scenario. How to organize a homeowners' association in a house? What legislative nuances should be paid Special attention?

Home control options

Homeowners in apartment buildings must somehow organize the joint management of common property, ensure the supply of the building with utilities and maintain its technical condition. This can be done within three schemes.

Firstly, there is an option with the organization of direct management of the house by homeowners. This is possible if there are no more than 16 apartments in it.

Second, you can create a homeowners' association or cooperative.

Thirdly, you can transfer the house to the management company.

Which one is the best? Why do many citizens wonder how to create an HOA in their home?

The point is that homeowners' associations are generally more economically viable. There are no opaque surcharges for basic utilities. And also communication between apartment owners contributes to building constructive relationships between neighbors, joint solution of possible difficulties in house management, which the Criminal Code cannot always competently resolve.

Let's consider some of the distinctive features of the HOA in more detail.

Peculiarities

If the residents of the house decide to create an HOA, they will be able to take advantage of a number of advantages associated with organizing the management of common property and supplying housing with the necessary types of utilities.

So, for example, a HOA can solve some of the tasks on their own or involve external contractors. If the HOA has entered into an agreement with the service organization, then it has the right to control the quality of the provision of the relevant services. The HOA contractor must ensure the performance of its functions so that the result meets the criteria established by the Government of the Russian Federation in relation to utilities.

The HOA is responsible for the maintenance of property under common management in accordance with the criteria established in technical regulations, as well as legal acts approved by the Government of the Russian Federation.

Thus, HOAs are not only opportunities, but also additional obligations of owners to their neighbors, this is responsibility and willingness to study various nuances associated with the management of common house property and the organization of the use of appropriate utilities by residents.

Who can create an HOA?

Residents of one or more apartment buildings located on one or the border land plots... Also, an HOA can combine several buildings built side by side, even if each has one owner. HOAs can be formed by summer residents, in the structure of the partnership there can be household plots, garages and other objects related to residential infrastructure.

How to organize an HOA? Let's consider several stages of the implementation of this initiative.

Informing residents

The first stage involves organizing a general meeting of owners. However, it is preceded by the collection of the necessary information about the tenants of the house or group of buildings. The relevant information can be requested from the territorial office of the Federal Registration Service. You may also need information about the premises that are presented in the structure of the house. It should be requested from the BTI.

Next, you should create an initiative group of owners responsible for holding a general meeting of tenants. As a rule, these same people are responsible for how to organize a homeowners association, and at all subsequent stages of creating a partnership. Therefore, the formation of an appropriate team follows from citizens who have enough time to engage in this socially useful business.

The best way to communicate information

The initiative group of owners must subsequently send written notifications to other tenants that a general meeting is to be held. In this document, it is necessary to indicate where the event will be held, who is responsible for organizing it, who can be contacted in order to ask any questions. You also need to include the content of the meeting agenda in the notification. An important nuance: if there is, for example, a store in the house, then the document must also be sent there.

It is advisable to send the notifications in question by registered mail. You can, of course, hand them over to the tenants personally - but you should take from them a receipt on receipt of the document. Notifications must be sent out 10 days before the general meeting. The participants of the initiative group must keep the documents confirming the familiarization of the residents with the information.

The next important step in deciding how to quickly and inexpensively organize a homeowners association involves actually holding a general meeting. Let's consider the corresponding nuances.

General meeting

The main decision-making tool at the general meeting of owners is voting. Therefore, people who are responsible for how to organize an HOA should prepare special forms to express the will of the tenants. The structure of these documents is very simple - it should be tables with full names, as well as columns “For”, “Against” and “Abstained”.

At the beginning of the meeting, its chairman must be elected - by the majority of votes of the owners who came. You also need to choose a secretary who will keep the minutes of the meeting of residents. It is important that more than two thirds of the eligible tenants in the home attend the event. it required condition on how to properly organize a homeowners association. What will be adopted at the meeting is mandatory for all residents, even those who did not come to the event. If it was not possible to collect two-thirds of the owners, the initiative group will have to repeat the work of organizing the meeting. It is possible that they will have to include an agitation component in their activities.

During the general meeting, the tenants decide that a partnership is formed, they approve the charter of the HOA, elect members of its board, and also appoint an audit commission.

Drawing up the minutes of the meeting

After the HOA meeting is successfully held, it is necessary to record its result in the minutes. This document is the most important from a legal point of view when deciding how to organize an HOA in a house. The protocol must be prepared by the initiative group and comply with the provisions Housing Code RF.

The document in question must contain information about the initiator of the meeting, about the issues that were discussed, about voting. The most important point of the protocol is information about how many people came to the meeting, as well as the correlation of the area of ​​their apartments with the general indicator of the whole house.

Within 10 days after the meeting, residents must be familiar with the minutes. You can make several photocopies of it and hang it at the entrances or special information stands, place it in mailboxes, and if possible, hand over copies to the tenants personally.

Charter - key document HOA. Consider the features of its compilation.

Approval of the charter

The approval of the charter is the most important condition for resolving the issue of how to organize an HOA legally.

The structure of the document should contain items affecting:

• general provisions;
• formulations reflecting the goals and activities of the HOA;
• the legal status of the HOA;
• ownership of premises in the house;
• funds, property of the HOA;
• the economic activities of the HOA;
• features of membership;
• the rights and obligations of the HOA and its members;
• management bodies of the HOA;
• the nuances of the general meeting of the partnership;
• provisions on the reorganization and liquidation of homeowners' associations.

Bylaws can only be approved if more than two thirds of the homeowners vote in favor.

Homeowners association registration

The next step in deciding how to organize a homeowners' association is the actual registration of the HOA. The agency responsible for this procedure is the Federal Tax Service.

To register an HOA, you must pay a state fee, fill out an application (its form will be issued to the Federal Tax Service), certify this document from a notary, take 2 copies of the charter, 3 notarized copies of the meeting minutes and take all this to the territorial department of the Federal Tax Service in the city. After the department registers in established order Homeowners' association, members of the board of the partnership must open a bank account. After that, you can start working.

Post-registration formalities

Let's consider some of the nuances characteristic of the final stages of creating a homeowners association. We have studied how to organize a partnership in terms of the general meeting and approval of the charter. But the board needs to take a number of other actions required by law. So, for example, if a management company owned the house before the HOA was created, then it is necessary to notify it in the prescribed manner that the owners decided to take up the maintenance of the housing themselves and created a partnership.

The transfer of the house to the HOA is carried out with the participation of a special commission. It is composed of representatives municipal authorities authorities, as well as governing bodies of the created partnership. During this stage of legal relations, the house is recorded on the balance sheet of the HOA in accordance with the act of acceptance and transfer.

We have considered how to organize a HOA and how a house is accepted from a management company. What are the other important actions of the management bodies of the partnership after receiving all the necessary powers? For example, shortly after the successful registration of the HOA and the accompanying procedures associated with home acceptance, it will be necessary to conclude contracts with service companies for the provision of utilities. Another important component of the work is the organization of the system for calculating payments for the maintenance of the house.

We learned how to create an HOA. The step-by-step instructions compiled by us affect key points this procedure. It can be noted that the housing legislation of the Russian Federation is often corrected. Therefore, the initiators of the collective management of the house should periodically monitor the corresponding changes in legal acts in order to HOA work was completely legal.

Homeowners' association organization: legislative nuances

Let's consider some of the legal nuances of creating an HOA. How to organize a partnership in full compliance with the law is a question that is relevant at every stage of the implementation of the corresponding initiative of homeowners. What should be paid special attention to the initiators of the creation of HOAs in the aspect of ensuring the compliance of their activities with the requirements of the law?

For example, if the question is how to organize a HOA in a new building, then the first thing to pay attention to is that the house should be put into operation by the time the partnership is created.

Another important aspect- the minutes drawn up following the results of the general meeting must be signed by all who voted for it. If this criterion is not met, then the Federal Tax Service will refuse to register the partnership.

If the HOA is created by the owners of private houses or summer cottages, then the appropriate decision must be made by everyone who owns the corresponding real estate. In turn, if we are talking about the election of the chairman of the board of the HOA, then it is permissible that at least two-thirds of the owners vote.

Home management before HOA

Among the fairly new legal categories for the legislation of the Russian Federation related to the organization of management of common property is the council of an apartment building. This social structure is intended to replace the HOA or the Criminal Code due to their temporary absence. An apartment building council must be created if there are more than 4 apartments in the building. As in the case of the HOA, the election of the chairman of this body is expected. He must be one of the owners of the apartments included in the structure of the apartment building. If the tenants do not create an MKD council, then the municipal authorities themselves will have to initiate a general meeting of apartment owners.