Legal entity as a member of the HOA

Who is included in the HOA and how is its work organized?

An HOA is a non-profit association. It includes the owners of premises in the house who want to become members of the partnership. The governing bodies of the HOA are members of the board headed by the chairman of the board and the general meeting of members of the partnership. Their work is necessarily monitored by an audit commission.

Chairman and members of the board

According to Article 147 of the Housing Code of the Russian Federation, the board is the people who manage the activities of the HOA, but they do not have the right to make decisions on all issues. Some decisions can only be made at a general meeting of owners of premises in the building or at a general meeting of HOA members. For example, only the OSS can decide whether to provide part of the common property for use by some organizations (lease out premises), and only the general meeting of members of the partnership can choose the board of the HOA.

The list of responsibilities of the board is given in Article 148 of the Housing Code of the Russian Federation, but additional responsibilities can be specified in the Charter of the partnership. In essence, the board plans the work of the HOA and submits proposals to general meetings.

The chairman of the HOA is elected by the board or the general meeting of HOA members. All officials of the partnership are subordinate to this person, and he, in turn, carries out the decisions of the board. The duties and powers of the chairman are given in paragraph 2 of Article 149 of the RF Housing Code.

The chairman of the board of a homeowners' association acts without a power of attorney on behalf of the partnership, signs payment documents and makes transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership, develops and submits for approval to the general meeting of members of the partnership internal rules regulations of the partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, regulations on the payment of their labor, approval of other internal documents of the partnership provided for by this Code, the charter of the partnership and decisions of the general meeting of members of the partnership.

Meeting of HOA members

Decisions that fall within the competence of the general meeting of members of the partnership are given in Article 145 of the Housing Code of the Russian Federation. The meeting of HOA members makes decisions on the activities of the partnership, elects a board from among its members and assigns remuneration to board members for their work, assigns membership fees, and elects an audit commission.

HOA Audit Commission

The Audit Commission controls the activities of the HOA - checks financial statements, prepares an opinion on the estimate of income and expenses, checks the accounting statements of the partnership (Article 150 of the Housing Code of the Russian Federation). She provides the results of inspections to the general meeting of members of the partnership. If he discovers inappropriate spending, he can file a complaint with the tax authorities, the State Housing Inspectorate, and the prosecutor's office.

The same person cannot be on the board of the partnership and the audit commission of the HOA. This is understandable, since the purpose of the commission is to control the activities carried out by the board.

Please note that the main governing body in the house always remains the general meeting of owners

. And if the HOA does something wrong, you can always correct the situation.

Main functions of the organization

A homeowners' association is an independent community consisting of homeowners. The general meeting of homeowners is the highest governing body of the association. The organization's activities are aimed at the improvement, use and protection of the adjacent territory or buildings. The legal status of the HOA is regulated by Art. 145 Housing Code of the Russian Federation. The powers of the chairman are regulated by clause 2 of Art. 149 Housing Code of the Russian Federation.

At general meetings, a member of the association has the right to:

1. Approve and amend the charter.
2. Reorganize or dissolve the partnership.
3. Select the chairman of the board.
4. Establish the amount of contributions and payments for members of the partnership.
5. Approve the procedure for receiving and using funds from reserve funds.
6. Determine the area of ​​sale of funds from reserve funds.
7. Draw up an annual home maintenance plan.
8. Accept complaints from residents for consideration.

The Chairman of the Board is elected collectively for a fixed term and has the right to act on behalf of all members of the Board. His work is aimed at:

• maintaining feedback with representatives of the partnership;
• quality control of work performed;
• maintaining payment documentation and paying bills;
• interaction with contractors and service providers;
• regulation of wages for persons who maintain common property;
• appointment of responsible persons and execution of orders.

The HOA association has the right to sell, lease or exchange real estate that is at the disposal of the association. At collective meetings, various issues that arise among community representatives are regulated.

How to prepare for creating an HOA

Creating an HOA and refusing the services of a management organization require serious preparatory work.

Initiative group

If you are the initiator of creating an HOA in your home, you need to find at least three active like-minded people among the owners of the premises. These people will then most likely become members of the HOA board.

Project to create a homeowners association

The initiative group, before gathering residents and campaigning for the HOA, must discuss a number of issues among themselves and plan further work.

The first question that needs to be answered is the reason for creating the HOA. Why, why, for what, why is this better than the current situation. You need to immediately think about plans for the coming year and for future years. There must be a long-term project with goals and objectives, otherwise the initiative will not find support from the neighbors. In addition to specific actions to improve life at home, you need to think about how to implement this and at what cost.

Calculations

It is necessary to draw up an estimate of the income and expenses of the HOA for the coming year. Information on the cost of different types of work and salaries can be obtained from the chairmen of HOAs already created in your area, or you can independently request prices from suppliers and future employees. This is not a one-day job, but it is very important for the further success of the entire project.

Organizational matters

When the project for creating an HOA has been formed, goals and objectives have been defined, and it has become clear what you want to see the house and yard like in a year, in five years, etc., you can begin the organizational aspects. Now you have something to answer other property owners to the questions that will inevitably be asked.

Before holding a general meeting of owners, it is necessary to prepare the charter of the partnership and documents for holding the general public meeting. A lawyer can help with this. Not a single article on the Internet on this topic can cover all the nuances, and many of them can appear when organizing an HOA. Each situation is different, so legal advice may be helpful.

HOA or TSN - which is correct

On September 1, 2014, changes were made to the Civil Code of the Russian Federation, according to which one of the forms of a non-profit organization was a partnership of real estate owners (TSN). For some time, people were confused about how to register an HOA (as an HOA or as a TSN) and how to correctly draw up documents, in particular, the charter.

Article 135 of the RF Housing Code speaks of HOAs as a type of TSN:

1. Homeowners Association

a type of real estate owners' association
is recognized , which is an association of owners of premises in an apartment building for the joint management of common property in an apartment building...

The Letter of the Federal Tax Service dated March 27, 2015 No. SA-17-14/33 “On the state registration of HOAs as an independent organizational and legal form” explains that TSN (Zh) or TSN (K) must be registered with the tax authorities:

...The Civil Code of the Russian Federation provides for the possibility of creating homeowners' associations as a type of real estate owners' association. In this case, based on the provisions of paragraph 1 of Article 54, paragraphs 1 and 2 of Article 123.12 of the Civil Code of the Russian Federation, the name of the homeowners’ association must include the words “real estate owners’ association” and may contain an indication of the type of real estate - “real estate (apartments) owners’ association” or “association of real estate (housing) owners.”

As practice shows, you can take the HOA Charter as a sample Charter (for example, there is a sample in the ConsultantPlus system), correcting the organizational and legal form in the document. “The Association of Home Owners “Romashka” is wrong, “The Association of Owners of Real Estate (Housing) “Romashka” is correct. The abbreviated name will be: “TSN (F) “Romashka”.

In this article we use the abbreviation HOA (as in the Housing Code) - it’s shorter and more familiar. By this we mean TSN (F).

Rights and obligations of a partnership participant

Joining an HOA implies being granted certain rights and responsibilities.

A member of the partnership has the right:

• nominate oneself for the position of chairman;
• apply for participation in the audit commission;
• use the common area in accordance with the Housing Code;
• participate in a joint discussion of issues related to the house, make proposals and vote;
• make proposals on issues related to the economic and financial organization of the house.

The responsibilities of a partnership participant include:

1. payment of membership fees to support the activities of the HOA;
2. ensure the preservation and order of common property;
3. monitor the fulfillment by owners of their direct responsibilities prescribed in the Housing Code of the Russian Federation;
4. mandatory presence at meetings and participation in the economic and financial activities of the HOA;
5. protect the interests of premises owners;
6. be a person representing the interests of apartment owners in all instances;
7. follow the charter and the Housing Code of the Russian Federation.

How to conduct an OSS for the purpose of creating an HOA

We wrote in detail earlier about how to conduct OSS.

Owners must be notified of the upcoming general meeting at least 10 days before it is held. It’s better earlier, because a personal conversation with each owner is the guarantee that your idea about the HOA will be understood and the meeting will not be ignored. Of course, going door-to-door will take time.

To create a HOA in the house on the agenda of the general meeting of premises owners

The following questions must be included:

1. Selection of the chairman of the OSS of premises in an apartment building.

2. Selection of the secretary of the OSS of premises in an apartment building.

3. Election of the composition of the counting commission of the OSS premises in an apartment building.

Points 1-3 may not exist if these bodies have already been elected by previous meetings for a certain period. This needs to be clarified in advance, as well as what procedure for notifying about the OSS is chosen.

4. The choice by the owners of the method of managing an apartment building at the address: {address}.

5. Creation of a Real Estate (Housing) Owners Association.

6. Approval of the charter of the Association of Real Estate (Housing) Owners.

7. Election of the board of the Association of Real Estate (Housing) Owners.

8. Election of the chairman of the board of the Association of Real Estate (Housing) Owners.

9. Election of the audit commission of the Association of Real Estate (Housing) Owners.

10. Election of an authorized representative of premises owners for state registration of the Association of Real Estate (Housing) Owners and representation of its interests in government bodies.

11. Termination of the management agreement with {name of the management organization}.

Additionally, you can specify the following items:

12. Approval of the name of the Association of Real Estate (Housing) Owners.

13. Approval of remuneration for the chairman of the board.

14. Approval of a one-time collection of funds for the creation of a Partnership of Real Estate (Housing) Owners.

This is usually required to return to the initiators of the meeting the money that they spent in preparation for the meeting on office supplies, legal advice on creating an HOA, etc.

According to paragraph 3 of Article 135 of the Housing Code of the Russian Federation, to make a positive decision, vote for

Owners who own more than 50% of the premises (square meters) in an apartment building must create an HOA:

The number of members of the homeowners' association who created the partnership must exceed fifty percent of the votes of the total number of votes of the owners of premises in an apartment building.

The minutes of the general meeting with the decisions to create a HOA and approve its charter must be signed by all owners who voted for these decisions. The protocol must be submitted to the State Housing Inspectorate (state housing inspection) within 10 days after the decision is made.

When registering an HOA with the tax office, the following are provided: the minutes of the general meeting (original), the charter of the partnership, as well as information about the persons who voted at the general meeting for the creation of an HOA, and about the shares owned by these persons in the right of common ownership of common property in an apartment building.

The minutes of the general meeting must be drawn up in 4 copies: for the tax office, the State Housing Property Inspectorate, the management organization (with which, according to the protocol, the contract is terminated), and for the chairman of the created HOA - for safekeeping. All owners must be made aware of the results of the meeting. You can hang copies of the minutes of the general meeting in the entrances.

To make it easier to carry out OSS in the future

Special services significantly simplify the entire procedure for conducting OSS. One of these is Together, a social network for neighbors with functionality for holding general meetings. Here you can conduct voting electronically (they have legal force, Article 47.1 of the Housing Code of the Russian Federation).

In Together, an OSS protocol is automatically generated and sent to the GIS Housing and Communal Services. There is no need to think about how to prepare decision forms, a register of owners and other documents - everything is included in the system, owners receive notifications about future meetings within the time limits specified in the Housing Code of the Russian Federation. Even those who are away (on vacation abroad, at the dacha, on a business trip) can vote on all issues on the agenda.

To connect your home to the free Together system, you need to include the following issues on the agenda of the general meeting.

1. Making a decision on using the “Together” system when holding general meetings of owners of premises in an apartment building in the form of absentee voting.

2. Making a decision to determine the persons who, on behalf of the owners of premises in an apartment building, are authorized to use the “Together” system when holding general meetings of owners of premises in an apartment building in the form of absentee voting (general meeting administrator).

3. Making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to vote, as well as on the duration of voting on issues on the agenda of general meetings of owners of premises in an apartment building in form of absentee voting using the “Together” system.

4. Making a decision on approval of the Rules for holding general meetings of owners of premises in an apartment building in the form of absentee voting using the “Together” system and on its application when holding meetings of owners of premises in an apartment building in the form of absentee voting using the “Together” system.

5. Determining the storage location for the minutes and decisions of the general meeting of premises owners in an apartment building.

Who is a HOA member?

A HOA participant is the owner of a premises in an apartment building , elected at a general meeting of residents, entered into the register of the partnership, endowed with rights, responsibilities and powers.

Participation in the activities of the partnership is voluntary. This position makes it possible to control everything related to common home property: repairs, landscaping and maintenance.

The conditions for joining an HOA are described in detail in Article 143 of the Housing Code of the Russian Federation. According to the code, only legal owners of the premises of an apartment building can become a member of this organization. It turns out that in order to register for membership, you must be the owner of an apartment located in the building.

REFERENCE: Citizens who do not have the right to own an apartment in a building cannot be members of this organization. Tenants and tenants also lose the right to participate, since they do not have title documents for temporarily occupied housing.

A separate issue concerns the entry into society of minors. The RF Housing Code says nothing about owners under 18 years of age and their right to join a partnership. According to the Constitution (Chapter 2, Article 60), minors cannot exercise their rights and responsibilities to the fullest extent.

But if a minor has a desire to take part in the improvement and maintenance of the house, he can act through his legal representatives - parents or guardians.