22.04.2022

The difference between tszh and tsn. Tsn as a governing body of mkd Tsn in the form of a homeowners association


5/5 (5)

Concepts

An apartment building is a small state that needs to be managed. For this, the UK, HOA, TSN, housing and communal services or housing and communal services are elected. It all depends on who the tenants trust to manage their property.

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

HOA refers to a homeowners association. The partnership is a community aimed at solving housing-related issues.

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

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

Moreover, it is important to note that in this case the decisive factor is the word “apartment”, since by housing we mean a room intended for permanent residence.

The duties of the HOA include:

  • common property management;
  • ensuring the uninterrupted supply of public services;
  • improvement of territories;
  • solution of public issues related to the management of the house.

The HOA is a non-profit association, therefore its purpose is not to make a profit.

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

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

They are listed in Article 161 of the LC RF:

  • conducting economic life by the owners themselves, without the involvement of third-party organizations (such management is welcome when the house is small, no more than eight families live in it);
  • homeownership management through the HOA (in this case, a chairman is elected who will be responsible for resolving public issues);
  • A housing cooperative is rarely created, but it has the opportunity to exist in Russia;
  • often the conduct of business life is transferred to the Management Company (in this case, the owners are required to pay a certain amount aimed at paying for the services of the management company).

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

In any case, homeowners are the main stewards. It is on the basis of a common decision that amendments are made to the contract, issues are considered. The rules for holding the meeting are reflected in Article 161 of the Housing Code of the Russian Federation.

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

The abbreviation TSN stands for Association of Property Owners. Let's try to expand this concept. A partnership is an association aimed at solving social issues. More often than not, partnerships do not generate income.

Owners are the owners of property that belongs to them according to existing documents. Real estate is a type of property, which is a premise for any purpose.

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

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

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

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

The activities of TSN are aimed at conducting economic activities in relation to any real estate. Participants do not receive profit. Their interests are the same.

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

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.

What is the difference between HOA and TSN

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

The main differences between HOA and TSN include:

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

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

TSN: pros and cons

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

Please note! The benefits of a homeowners association include:

  • if the owner - a legal entity or an individual does not have the opportunity to timely resolve issues related to property management, it is possible to elect TSN, which will deal with solving problems instead of the owner of the property. Therefore, the advantage of TSN is time saving;
  • with TSN, management is carried out exclusively by a certain circle of people. It is impossible to meet service violations, and if they are found, it is easy to find the guilty person;
  • making a profit is not the goal of TSN, so owners can count on favorable business conduct. All funds contributed will be used to ensure the safety and increase of property;
  • TSN activity is open. Participants can review the documentation at any time.

However, TSN has not only advantages, but also disadvantages. When making decisions, the opinion of the majority is not taken into account. The decision is made by the governing body. No one can influence the final decision. TSN will be able to declare itself bankrupt at any time, while no one will return the funds of the owners aimed at conducting activities.

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

Advantages and disadvantages of HOA

The creation of a homeowners association has many advantages, which, first of all, are:

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

However, in addition to the advantages of the HOA, it has its drawbacks.

Remember! These include:

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

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

HOA is a bit like TSN, but has significant differences. TSN is a legal entity, and HOA is a society of civilians. When deciding on the creation of a particular form, you will need to carefully consider all aspects of each concept.

Watch the video. HOA - pros and cons:

Main goals and objectives

The goals, tasks of the HOA and TSN practically coincide. HOA is created to conduct business activities. However, when organizing TSN, the association is engaged not only in the maintenance of property, but also in its disposal, for example, renting, leasing, selling, and so on.

Both HOA and TSN have the right to charge owners a fee aimed at maintaining the property. Otherwise, there will be no funds to ensure the functioning of the company.

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

Thus, several conclusions can be drawn:

  • the goal of the HOA is the ability to ensure the safety of property. The task of the HOA is to conduct economic activities;
  • the purpose of TSN is the formation of a fund, ensuring the safety of property and its multiplication. The task of TSN is the conduct of economic activities and the operation of property.

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

Transformation Law

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

Attention! Now the HOA is re-qualified as a TSN if:

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

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

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

During the conversion changes:

  • charter. The legal form is changing and, as a result, some aspects of the document;
  • circle of rights and obligations. Homeowners are relieved of the obligation to attend meetings and vote for decisions.

The question of how the abbreviations HOA and TSN are deciphered, and what is the difference between them, is of interest to any owner, tenant of a dwelling or SNT participant. The association of tenants in partnerships is becoming more popular every year. This means that many tend to take a more responsible approach to solving serious issues related to the repair work and operation of the property of apartment buildings. Each of the associations has its own differences and additional advantages, you can find out what it is in this detailed article.

Characteristics of the HOA

Homeowners associations call the association of owners of residential premises in multi-apartment houses, which is not considered a commercial company. A group of participants in such an association jointly decides any issues related to the management of public property in one house or several. When it comes to how the TSN differs from the HOA, it should be borne in mind that the HOA was created as a legal form much earlier. According to Art. 135 of the Housing Code of the Russian Federation, such an association can be established at a public meeting if more than half of the residents vote for it. The list of its main advantages includes:

  1. The right to influence the work of the Criminal Code. If the company has made a decision that does not suit the tenants, they have the right to vote against its cancellation.
  2. Independent choice of the UK. HOA members have the right to use the services of other contractors and hire employees to perform certain types of work.
  3. Improvement of yards. Most homeowners are ready to transfer money to beautify the territories adjacent to their houses, the collection and distribution of funds is also the responsibility of members of the HOA.

Despite the many advantages, this type of partnership, like SNT, has its drawbacks. First of all, it is the need to make operating payments. The decision on the issue of buying expensive appliances and equipment is made by the residents themselves at the meeting by counting the number of votes. An equally important disadvantage is the lack of full legislative support.

For example, if some tenants evade paying utility bills, the management of the association will not be able to forcibly recover the debt from them. Another problematic category is considered to be beneficiaries, for whom discounts are provided for the services of the management company, in contrast to owners without these benefits. Unfortunately, not all tenants are ready to support the ideas put forward at meetings, and often shy away from participating in the work of the HOA.

Features of TSN

If we consider the forms of HOA and TSN together, it must be remembered that the partnership of real estate owners appeared only in September 2014 and is a fairly new OPF from the category of non-profit organizations. Details and description of this form are set out in Federal Law No. 99 and Article 50 of the Civil Code of the Russian Federation. TSN implies the association of owners of apartments in multi-apartment buildings on a voluntary basis, as well as other real estate, including private houses, summer cottages in SNT, gardening property, land plots and much more. Of the advantages of TSN, it should be noted:

  1. The presence of the status of common property. Unlike homeowners associations, this form of legal nature applies not only to apartments, but also to plots of land, attics and basements, and additional property forms of immovable type.
  2. Possibility of participation of a large number of people. This is an important factor for those areas in which there are many new buildings, which allows residents of several buildings to make current decisions.

The difference between homeowners associations or TSNs also has its drawbacks, in TSNs these are long and protracted periods of raising money for the current repairs of buildings and premises, sometimes taking too much time. Subject to the law, a partnership with the owners of immovable property is considered a legal entity and is capable of becoming bankrupt at any time, which may cause the loss of invested funds.

TSN members have the right to dispose of housing stock, their decisions often do not coincide with the interests of other residents, for example, in the case of leasing or reselling property. The lack of full legislative support is also the main disadvantage of this type of association. In 2019, the owners of apartments and any other real estate can independently choose the form of association, for example, SNT at general meetings.

To accurately understand the difference between two OTFs, it is necessary to understand that when choosing one of them, one should always be guided by the purpose of creating the union. The owners of the premises usually form partnerships to solve problems that are directly related to the maintenance of the building and the use of public spaces. Many people are interested to know what is better and what is the difference between HOA and TSN .

Important! Both individuals and legal entities are able to take part in a partnership of the HOA type, but only individuals always participate in the HOA. faces. This fact must be taken into account when choosing the OPF.

It's not easy to say which is better. But taking into account the main factors, it can be argued that the HOA is great for buildings belonging to the old type fund, which require more frequent repairs. It is better to choose TSN for those who own commercial premises, most often they are legal entities, for which a partnership is the most profitable form of real estate ownership.

Legislative nuances

In 2014, the Russian Federation adopted Law No. 99 dated 05/05/2014, according to the new resolution, apartment owners will no longer be able to form an HOA. This type of association has been abolished, but already established partnerships, like SNT, can continue to function, since the law only applies to new HOAs. If desired, their organizational and legal form can be changed to TSN, this is an optional measure, however, many members of associations prefer to obtain new licenses.

Homeowners' associations now take on the responsibility of managing commercial real estate, and TSNs are consolidated to account for the supervision of multiple homes. Unfortunately, many owners do not have enough time and energy to participate in the work of partnerships, for this reason they cannot take responsibility for making decisions. According to such tenants, their task is to pay utility bills on time. The presence of TSN significantly simplifies the process of forming current tasks and their implementation.

Changes for 2019

Given the changes that have taken place, the question of how both OPFs differ, and how to choose the right option, automatically becomes irrelevant. After renaming the HOA, its founders should take care of replacing the constituent documents. New nuances were introduced into the Housing Code regarding the activities of both the HOA and the TSN. Each of them is briefly described in the table below:

Actually, at the general meeting, a circle of persons is determined who will be entrusted with managing current situations and implementing economic issues. The merger of the two structures is recognized as an undoubted plus, since now TSN will begin to work more closely with housing and communal services companies. It is also necessary to take into account that after the adoption of Federal Law No. 99, the owners will not be able to independently manage an apartment building.

In order to correctly determine the method of ownership and management of common property: HOA, TSN or ZHSK, it is necessary to study the norms of modern legislation. It provides answers to many controversial questions. It is necessary to clearly understand the differences between these organizational legal forms, their parity, to name the best aspects and similarities.

What is a partnership of real estate owners: rights and obligations, legislation

TSN is referred to as a partnership of property owners. Persons established by the charter can join it. It involves the association of persons with the whole triad of powers for the joint possession, use and management of their real estate. This organization is abbreviated as TSN.

This cooperative has both its rights and obligations. Since this is a non-profit association, they do not have the right to engage in profit-making activities. They can only hold general meetings, decide the agenda, issue internal local legal acts.

This organization is obliged to observe the rights and legitimate interests of the participants in the partnership, carry out management activities, make decisions on the conclusion of contracts with third-party organizations, etc.

This organization has the right to manage property on the basis of internal local legal acts.

The main legislative regulation is carried out by such regulatory legal acts as:

  1. The Constitution of the Russian Federation.
  2. Housing Code of the Russian Federation.
  3. Civil Code of the Russian Federation, etc.

Separate provisions can be enshrined in presidential decrees and government decrees. It is possible to rename TSN to HOA. At the same time, the work of this organization will not change.

What is HOA

HOA as an abbreviation stands for a partnership of homeowners. This is a non-profit organization that is created to manage residential premises in an apartment building.

This is one of the forms of common property management on a par with, for example, a management company. This is a legal entity, the procedure for the creation of which is regulated by civil law. In order to create an HOA, it is necessary to hold a general meeting of tenants, which must be fixed in writing. Otherwise, the registration authority will not approve the creation of this legal entity. faces.

The difference between the UK and the HOA is that the first is a professional commercial firm, and the second is a non-profit association. She does not have the right to engage in business. She may rent property and otherwise make a small profit and spend it only on the needs of this non-profit association.

The main differences between the HOA and the UK:

What is JSK

A housing construction cooperative is understood as a housing cooperative. This is the official definition of the term. The legislation has established that it is not a commercial company engaged in the joint management of consumer resources. A cooperative is created with the aim of pooling the financial resources of citizens for the construction of houses, summer cottages, etc. All citizens participate in this association by making a share contribution. Ownership of the building will arise only in the situation when the share is fully paid.

Subsequently, this office can be transformed into a TSN or an HOA. This happens at the request of the owners by holding a general meeting and registering a new legal entity to replace the existing one.

Consumer cooperative in comparison with TSN and HOA

One of the forms of association of citizens is a consumer cooperative. The purpose of creating this legal persons - satisfaction of the material or everyday needs of citizens on the basis of the contributions they have made.

This organization is not commercial, which means that the founders have no profit-making goals. By and large, TSN and HOA are varieties of a consumer cooperative.

Depending on how responsibility is distributed and what kind of property citizens own and use, a consumer cooperative can be created in various forms. For example, apartment buildings can serve as an example. They mainly create HOAs, which can be deciphered as a partnership of owners of residential premises.

In the event that the purpose of creating a legal entity is the ownership and management of lands, garages, cottages, etc., it is recommended to create TSN - a partnership of property owners.

What is the difference between an HOA and a TSN and a housing cooperative: which is better, pros and cons, a comparative table

Previously, it was already indicated what HOA and TSN are. We can make an unambiguous conclusion that these are two varieties of the same form of non-profit associations - consumer cooperatives. The housing construction cooperative differs significantly from them.

This is legal. a person whose purpose of creation is not the possession and management of common property, but the creation of such property, in this case - residential apartment buildings.

For a more specific clarification of this issue, a comparative table can be given and the pros and cons of each of these formations can be identified:

Characteristic homeowners association Association of property owners Housing building society
Form of education Entity Entity Jur. face
Purpose of creation Non-Commercial Interests Non-Commercial Interests Commercial interests
Activities Ownership and management of residential premises Ownership and management of land and immovable objects Creation of new objects of legal relations - apartment buildings
Investments of persons They may or may not be Funds are brought in to contribute to the construction

Thus, despite the differences between these organizations provided for by law in Russia, they are largely similar.

Disclosure of information by HOA and housing cooperative

It should be noted that in 2019, the legislator paid great attention to checking the activities of organizations managing apartment buildings. This is important in order to respect the rights and legitimate interests of citizens.

Under the new legislation, issues in the field of housing and communal services should be taken into account in the reporting documentation of authorized organizations. Accounting includes not only the summing up of financial reports, but also the identification of work carried out in the house, contracts concluded.

Citizens who are members of one of the management organizations have the full right to receive all reliable information about the activities of the HOA or housing cooperative. This is realized through access to documentation, the right to request references and reports on activities for the week, month, year.

In a situation where the rights of a citizen who is a member of an HOA or a housing cooperative are violated, he has the right to withdraw from this legal entity, get back his share (if any) and demand full compensation for losses in a judicial or claim procedure. In the presence of a large number of complaints about this jur. person, it can be liquidated by force.

Association of property owners and taxation

Taxation is transferred to a lighter form, in which a legal entity is exempted from paying certain mandatory contributions. Since the association of property owners is a non-profit partnership, they do not pay most of the taxes that commercial associations must pay (for example, corporate income tax).

This does not mean that TSN pays practically no taxes. Civil law allows this organization to carry out other useful activities, in addition to owning and managing common property, for example:

  1. Collection and acceptance of share and entrance fees of members of the organization.
  2. Collecting money for ongoing repairs or capital construction (reconstruction) of the building.
  3. Other fees, including when using the common property of tenants for profit.

All these financial receipts must be properly declared. This is done by an accountant. Based on such declarations, the amount of tax contributions of the association of property owners will be calculated.

What happens if you register at the same time HOA and TSN

The fundamental acts regulating the creation and activities of HOA and TSN are the Civil Code of the Russian Federation and the Housing Code of the Russian Federation. It should be noted that both laws consider homeowners associations as one of the varieties of TSN.

In the event that the registration authority carries out the procedure for registering an HOA in place of the existing TSN, then one of these organizations, if this omission is revealed, will be deleted.

Often, even before the moment of registration, Rosreestr officials identify the facts of double registration and stop it.

Thus, it was determined how the types of consumer cooperatives differ from themselves, how to register them, etc. You can find out the advantages and disadvantages of each of these forms with a detailed study of the norms of modern legislation.

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

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right. It's fast and free!

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

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

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

The main differences between HOA and TSN

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

A similar partnership is created at a public meeting of the residents of the house. The right to create an HOA is granted if more than 50% of the population of the house agrees. The powers of TSN members include consideration of public issues related to the maintenance of the house and the establishment, on the basis of estimates, of the amount of utility contributions for each owner.

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

Important! TSN is not responsible for the obligations of its members. At the same time, the members of the association do not bear obligations regarding the partnership.

Law on the transformation of HOA into TSN

According to the changes in the Housing Code of the Russian Federation that came into force in September 2014, all HOAs will be renamed TSN. And in the future, TSN will function everywhere instead of Homeowners' associations. The adopted amendments concern the division of legal entities into unitary, one-man and corporate associations. A list of organizational and legal norms for commercial and non-profit associations has been added.

Important! From 05/01/2015, the residential complex has been assigned a transition to licenses. Without a license, it is prohibited to carry out activities to manage an apartment building.

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

  • Charter change.
  • A change in the emphasis of the HOA - the management and use of common property for the implementation of owner relations regarding the Criminal Code.
  • Change of rights and obligations of corporation members.
  • Other items relating to the obligations of the partnership and the procedure for appointing executive bodies remained unchanged.

With regard to the positive and negative aspects concerning the changes. The positive ones include a change in the charter and the introduction of supervisory and executive bodies. Structural association contributes to the establishment of relations with housing and communal services. The negative ones include the fact that the most important decisions will not be made by the owners of the houses, but only by authorized members of the partnership.

HOA or TSN - which is better?

So all the same, tszh or tsn and how to do it right? Since the bill that has entered into force is already in force on the territory of the Russian Federation, the answer to this question is irrelevant. At the moment, the task of partnerships is to rename the HOA into TSN and select authorized persons to manage and implement the activities of the corporation. It is important to remember that the turning point is always difficult, but it is important to overcome it, and after that, deal with all the important issues.

Licensing for TSN is not required!!!

According to article 192 part 1 of the LCD, only managing organizations need licenses. HOA and TSN are not managing organizations, so a license is not needed.

The Association of Real Estate Owners, in the abbreviation TSN, is a new form of collective property management, and, as the name implies, any real estate, and not just housing.


This general concept - TSN - did not replace another term - HOA (homeowners association). According to the new rules, the HOA will be one of the organizational and legal forms of TSN.

What regulates the law on TSN

The concept of a partnership of real estate owners was introduced on September 1, 2014, when Federal Law No. 99-FZ of May 5, 2014 on amendments to Chapter 4 of Part One of the Civil Code of the Russian Federation came into force.


Now the charter must contain the words "partnership of property owners" in the part about the name.


Later, Federal Law No. 133-FZ of May 23, 2015 “On Amendments to Part One of the Civil Code of the Russian Federation and the Federal Law “On Political Parties” was issued. In accordance with it, amendments were made to paragraph 1, paragraph 1, Article 54 of the Civil Code.


According to these changes:

    Homeowners associations established before May 23, 2015 already as TSN or renamed TSN must amend the charter. In the name of such organizations, it is necessary to indicate that they are an HOA, which, in turn, is a type of TSN. There is no time frame for organizations to make these changes. As soon as at the meeting of members of the HOA a decision is made to amend any part of the charter, then clarifications will be made on the name;

    when registering an organization after May 23, 2015, the name should indicate the HOA, in the charter - the HOA, which is created in the legal form of TSN;

    thus, the charter will contain the wording of the HOA, but in fact the charter will indicate that the HOA is a type of TSN.

Similarities and differences between HOA and TSN

HOA and TSN are similar in many respects: both in terms of their activities and in organizational aspects. So far, they do not have obvious significant differences, except that the partnership of property owners implies a wider range of possible subjects of management. For clarity, the main points of similarities and differences between these forms of management are presented in the table:


HOA TSN

Orientation of the organization

Non-profit organization

Form of organization

Corporate body

Governing bodies

Has a chairman and board

Subjects of management

Only suitable for housing management

Can be arranged to manage any property

Responsibilities

Obligation to manage common property and provide public services

The obligation to manage common property and provide utility services is not directly spelled out in the Housing Code of the Russian Federation

Taxation system

Allowed to maintain a simplified taxation system

It is allowed to maintain a simplified or general taxation system

Who can join a partnership

Only individuals

Individuals and legal entities; associations of individuals and legal entities

Prospects for TSN

Summing up, TSN is a relatively young organizational and legal form of real estate management, which covers a wider group of management objects. Now these are not only apartment buildings, but also:

    horticultural associations, plots;

    horticultural non-profit associations;

    premises in a building or even several buildings;

    non-residential premises;

    country houses, etc.

TSN will become an alternative for those owners who want to be able to manage not only residential areas, but also other real estate objects. Real estate owners' partnerships are now actively continuing to be created or renamed from HOAs, despite some controversial points.


There is a growing tendency to combine several houses in TSN, in other words, there is a kind of enlargement of the subject of management, and, consequently, the amount of work for the organization involved in management increases.


Gradually, property owners' associations are gaining popularity. As a result, all issues and disputes related to their functioning will be resolved more quickly and in accordance with the law. In the future, such an organizational and legal form as TSN has every chance of becoming the most popular form of management, since it has no special restrictions: the main condition for creating this partnership is the community of property.


2022
mamipizza.ru - Banks. Contributions and deposits. Money transfers. Loans and taxes. money and state