Management of a homeowners association (HOA). How to manage an apartment building? To create or not to create an HOA? Basics of managing an apartment building HOA

For one apartment building, a homeowners' association is created in only one copy. This decision is made at a separate meeting. It is accepted only if more than 50 percent of those who took part in the voting cast their votes.

The goals of creating an HOA. What it is?

Simply put, this is an association of homeowners in an apartment building. The Housing Code defines it as non-profit organization. It is created in accordance with the framework established in the current legislation.

Recently, the question of negative consequences for residents who choose this particular method of managing their property has often been raised. But this does not happen due to the very existence of the organization. The problem is the incorrect creation procedure. Sometimes they are created not in order to make life easier for residents, but in order to open access to financial resources and additional powers for certain individuals.

Negative consequences do not appear everywhere. The main thing is to take into account all possible features of this process in advance.

Possible ways to manage a house are written in Article 161 of the Housing Code of the Russian Federation. And Article 44 obliges owners to hold general meetings if a really important decision needs to be made.

Article 135 of the Housing Code of the Russian Federation is also devoted to the activities of HOAs. In general, there are many articles that form the regulatory framework for this field of activity:

  1. Clause 9 of Article 148.
  2. Part 2 of Article 147.
  3. Part 5 in Article 147
  4. Part 6 in Article 146.
  5. Part 8 of Article 156
  6. Article 152, part 3.
  7. Part 3 of Article 151.
  8. Part 1 in Article 149.
  9. Part 2 of Article 137.

Initial steps

HOAs are organized both in one apartment building and in several at once. Or on, which are united by one common territory.

There are several difficulties that are associated with certain factors:

  • How to regulate legal and financial issues?
  • Who files tax reports and how?
  • Records management.
  • How to organize general meetings?
  • Conducting voting.
  • The procedure for forming an HOA requires strict compliance with current legislation.
  • How to collect information from residential property owners?

The activities of the HOA are based only on the legal aspects mentioned in the Housing Code. For an organization to be legal, owners must join it. at least 50 percent of the total area of ​​the house. Each resident has the right to refuse to join the HOA. But even in this case, there is an obligation to comply with instructions after general meetings. But such residents do not have the right to take part in voting.

It is mandatory to create an initiative group from among apartment residents, minimum of 5 people. To adopt the charter, an initial general meeting is formed. And to complete the preparatory documentation, the initiative group sends an application to the city administration.

Holding a general meeting

Initiative groups take on the bulk of the responsibilities related to the affairs of the Partnership. At the preparatory stage, it is already partially formed. It is the representatives of the initiative group who prepare the agenda and send out invitations. These same people are responsible for developing the future Charter. And for the formation of approximate Protocols for each of the meetings. Finally, this same group is responsible for creating the voting forms.

The meeting is held to discuss any important issue. On it, each resident is told about the need to create an HOA and explained what advantages this form of partnership has.

Sometimes voting takes place in absentia. Each resident is given some time to make a decision. The main thing is to provide in advance in the charter the possibility of holding absentee voting. A separate voting form is prepared for each community member. Or for every issue that is on the agenda. Each form must have three options: “abstain,” “for,” or “against.”

The counting of votes should not be based on how many people took part. And in terms of the total area that belongs to the residents. For example, property owners of 70 square meters have more votes than owners of 30 square meters of premises.

On approval of the charter

The charter is the main document on which almost all activities of the HOA are based. The proper functioning of the organization itself depends on how well the text of this document is prepared.

The main requirement for the Charter is to be as simple as possible. It should not include points that are not supported by current legislation. It is logical to copy section 6 of the Housing Code, making changes along the way.

Then there will be no double interpretation of the rules. The following points must be present in the HOA Charter:

  1. How many members are on the audit committee?
  2. How many members are on the board?
  3. The procedure for convening members of the HOA.
  4. Location of the HOA.
  5. Name of the HOA.

There are only a few concepts that allow for some discrepancies. For example, you can:

  • You can, at your discretion, formulate a procedure according to which joint meetings are held in which HOA members and apartment owners take part.
  • Transfer the powers of election to the general meeting of HOA members. Then the Chairman himself will be less dependent on the members of the board. But more will depend on all members of the HOA.

While the HOA Charter is being prepared and executed, it is necessary hold meetings as usual on all matters of importance:

  1. The fees associated with repairs and maintenance are discussed.
  2. Conducting in-person and absentee voting.
  3. Re-election of chairmen and members of the board.
  4. Use of common property.
  5. Use of land.
  6. Carrying out house reconstruction.

Unsettled tax issues require separate accounting. It is advisable to include in the HOA Charter a requirement that the community include approximately the same number of representatives from each entrance.

The HOA Charter is a document mandatory for all members of the HOA. But this does not apply to residential property owners.

About the registration process

Any member of the board can submit a package of documents to the relevant government agency in order to register the HOA. The Federal Tax Service is responsible for this procedure. The package of documents consists of:

  • A receipt confirming payment of the state duty.
  • Applications for registration of a legal entity. Form 11001 is used.
  • Minutes of the HOA board. It must be certified by all members of the board with their signatures.
  • Charter of the Partnership. In the final version approved at the general meeting. Served in two copies.
  • Minutes of the meeting, original or in the form of a notarized copy.

The Federal Tax Service processes requests in seven days maximum.

What other procedures are needed to complete?

The acceptance certificate is the main document according to which the house is transferred to the management of the HOA. A special commission must be present during this process. It usually also includes members of the HOA management and representatives of the municipality. The text of the act is always accompanied by technical documentation relating to a particular building. It must comply with the rules and regulations for the operation of apartment buildings.

When going to another form of management There should be no changes in the rights of apartment owners. When a house is transferred to the management of an HOA, special notices are created. They are sent to the Property Management Committee, as well as to the City Administration Department.

A bank account for an HOA is opened only in the name of a legal entity.

The previous balance holder of the house must be informed of what happened. All necessary data is provided.

Conclusion of contracts

Common property, conditions and rules for its content become the main subjects for such agreements. with owners who have not joined the company.

What is stipulated in the contract?

  1. Description of the property that is subject to repair and maintenance.
  2. What kind of repair and maintenance work is carried out? How exactly?
  3. What liability does the HOA bear in the event of failure to fulfill obligations?
  4. Information about the owner's responsibilities and other repair and maintenance costs. Procedure, amount, and terms of payment.

The agreement with the HOA is drawn up in two copies. The owner and chairman of the board must put their signatures on it. The board of the partnership must also agree with these actions. The ideal option is when all homeowners join the HOA. But the Legislation does not give the right to enter into an agreement by force if someone is against it. All losses fall on the HOA if the owners refuse to pay utilities.

The house can also be transferred to a management organization, which is elected at a general meeting. The decision of the general meeting approves the management agreement for an apartment building in this case. The assignment of the management organization is given by the homeowners or members of the HOA board. One party reports to the other every year on how the conditions described in the agreement are being met.

The management organization can also choose the methods by which a particular house will be serviced. To do this, you can involve either full-time HOA employees or third-party workers.

Is it even worth organizing an HOA? The answer is in the video

The video below reveals not only the organizational aspects of creating an HOA, but also the motivational ones. Is it worth taking on this business, or entrusting the house to a management company?

Provides three ways to manage an apartment building (Part 2 of Article 161 of the Housing Code of the Russian Federation). The general meeting of premises owners chooses the management method and can change it at any time based on its decision (Part 3 of Article 161 of the Housing Code of the Russian Federation).

One of these methods is the creation of a Home Owners Association (HOA).

Relations regarding the creation and activities of homeowners' associations are regulated by the norms of Chapter. 13 Housing Code of the Russian Federation.

Homeowners Association (HOA)– a legal entity registered as a non-profit organization, created by the owners of an apartment building (by decision of more than 50% of the owners) or the owners of apartments in several buildings.

HOA is a type of real estate owners' association, which is an association of owners of premises in an apartment building (MKD). A homeowners' association is created without a limitation on the period of activity, unless otherwise provided by the charter of the association.

The HOA is a legal entity from the moment of its state registration.

When state registration of a homeowners' association, a protocol of the owners of the premises is submitted, on which decisions were made on the creation of the partnership and on the approval of its charter, and the charter of the partnership, as well as information about the persons who voted for the creation of the homeowners' association, about the shares owned by these persons in the right of common ownership for common property in an apartment building (MKD).

Article 151 of the Housing Code of the Russian Federation allows a homeowners' association to own movable and immovable property located inside or outside an apartment building.

Federal Law No. 99-FZ dated 05.05.2014 “On amendments to Chapter 4 of Part 1 of the Civil Code of the Russian Federation and on the invalidation of certain provisions of legislative acts of the Russian Federation”, which came into force on September 1, 2014 (with the exception of certain provisions) , a new organizational and legal form of a legal entity has been introduced - real estate owners association (TSN).

Thus, from September 1, 2014, the HOA, in accordance with Law No. 99-FZ, is a type of legal entity created in the organizational and legal form of TSN.

Please note that there is currently an urgent re-registration of created HOAs in TSN (Letter of the Ministry of Construction of Russia dated April 10, 2015 No. 10407-ACh/04).

The goals of creating an HOA by owners of residential premises in apartment buildings

The purpose of creating a homeowners' association (HOA) is to manage the common property of the house and carry out activities to create, maintain, preserve and increase such property, provide utilities, and carry out other activities aimed at achieving the goals of managing apartment buildings or sharing the property of owners (h 1 Article 135 of the RF Housing Code).

The goals of creating an HOA also include:

1) joint management of common property in an apartment building or in the cases specified in Part 2 of Art. 136 of the Housing Code of the Russian Federation, the property of the owners of premises in several apartment buildings or the property of the owners of several residential buildings;

2) ensuring ownership, use and, within the limits established by law, disposal of common property in an apartment building;

3) joint use of property owned by the owners of premises in several apartment buildings, or property owned by the owners of several residential buildings;

4) carrying out activities to create, maintain, preserve and increase such property;

5) provision of utility services to persons using premises in these apartment buildings or these residential buildings in accordance with the Housing Code of the Russian Federation;

6) carrying out other activities aimed at achieving the goals of managing apartment buildings or the joint use of property belonging to the owners of premises in several apartment buildings, or the property of the owners of several residential buildings.

The homeowners' association has the right to provide services and perform work on the maintenance and repair of common property in an apartment building on its own or to engage, on the basis of agreements, for example, contracts, persons carrying out the relevant types of activities.

If the HOA has entered into an agreement with the management organization, it monitors the fulfillment of obligations under this agreement.

According to paragraph 1 of Art. 136 of the Housing Code of the Russian Federation, owners of premises in one apartment building can create only one HOA. The decision to create an HOA is considered adopted if it is voted for by the owners of premises in the corresponding apartment building, having more than fifty percent of the votes of the total number of votes of the owners of premises in such a building.

Facilitiespartnership owners housingconsist of:

  1. obligatory payments, entrance and other contributions of members of the partnership;
  2. income from the economic activities of the partnership;
  3. subsidies for ensuring the operation of common property in an apartment building, carrying out routine maintenance, providing certain types of utilities and other subsidies;
  4. other income.

In its activities, the HOA has the right to create special funds spent for the purposes specified in the charter. The basis for these actions is the decision of the general meeting of members of the homeowners association. The procedure for the formation of special funds must be determined by the general meeting of members of the partnership.

In accordance with Part 2 of Article 152 of the Housing Code of the Russian Federation, a Homeowners Association may engage in the following types of economic activities:

The Housing Code of the Russian Federation does not have a definition of the concept of “management of an apartment building,” but an entire section is devoted to this topic. What is it and how should homeowners choose how to manage an apartment building?

What does managing an apartment building mean?

The process of managing a multi-apartment residential building involves the execution coordinated activities of all real estate owners or persons involved.

This activity is aimed at:

  • providing comfortable living situations;
  • preservation of property and its proper use;
  • providing variety to the residents living in the house.

Owners of premises in an apartment building must choose a form of management of their property.

Management standard

However, the current housing legislation is by no means flawless. In connection with this, in the summer of 2011, President of the Russian Federation Dmitry Medvedev approved amendments to the Housing Code, which vested local management bodies and real estate owners themselves with the authority to exercise control over the activities of management companies.

Innovations in the legislative framework prohibit the creation of HOAs at the development stage, and also prohibit the developers themselves from directly participating in the creation of a partnership of real estate owners.

The new law also allows a way for residents to pay utility bills directly to resource providers without the participation of management organizations.

Management methods provided for by law

The method of management is elected by residents at a general meeting and can be changed at any time based on a common decision. Each of the management forms has its own characteristics.

In the Housing Code of the Russian Federation, citizens are offered three options for managing an apartment building (Article 161, clause 2), in particular:

  • management of a specially created or specialized cooperative association;
  • management through the services of a management organization.

The choice of management option depends on the number of apartments in the building, the discipline and solvency of the residents, the existing relationships with resource-supplying organizations, the availability of metering devices, the diversity of management organizations, and so on.

According to the Housing Code of the Russian Federation, residents of such houses can choose the total number of apartments does not exceed sixteen. In this case, all issues related to the management of the house are discussed at the general meeting.

Residents also decide for themselves how to distribute responsibilities and choose the people who will act as representatives of the house when concluding service agreements free of charge.

With direct management, residents get rid of unnecessary costs for maintaining the HOA. Service agreements with various organizations is concluded with each tenant individually.

Creation involves the association of owners and appointment of responsible persons, who deal with house maintenance issues on a paid basis on behalf of all residents. Thus, it is the HOA that is engaged in concluding agreements with various organizations as a legal entity.

Since the members of the board of the association are elected from among the residents, the fate of the house is important to them and they will not neglect their duties. In case of dissatisfaction with the work of the board, residents have the right to re-elect it.

WITH The creation of an HOA is advisable in houses with a significant number of residents.

When choosing a management company management method, the owners entrust the maintenance of the house to a third-party specialized organization. In this case, residents are completely freed from worries about the house, and landscaping is carried out by qualified specialists.

Everything in such a case is paid after the fact and the residents know what exactly they are paying money for.

Is it necessary to choose a control method?

The management configuration for multi-apartment housing is assigned in accordance with the resolution of the general meeting (Article 44 of the Housing Code of the Russian Federation). At the same time, accepted by its participants the decision is binding on all owners, including those who voted against or did not take part in the meeting at all.

At any time, a collective of residents can change the form of management of an apartment building.

The procedure for convening and holding a general meeting involves many subtleties. So the slightest inaccuracy can become an excuse for the management organization challenge the owners' claims in court.

The most popular arguments are:

What if the residents have not decided on the management method?

If a year has already passed since the decision on choosing a management method should have been made, and the residents still have not decided on the form of management, then local governments have the right to independently choose a management company.

To select a management company an open competition is held, where any organization can offer its services. Proposed conditions are assessed in terms of benefits and consequences for the condition of the house.

Video: Choosing a control option in apartment buildings

The video explains what methods of managing apartment buildings exist in accordance with the current legislation of the Russian Federation.

It is explained why the choice of a form of management is mandatory for residents of apartment buildings, and how the municipal administration should act if the owners of the building premises do not make a decision on this issue.

IP Perminova Olga

It has been almost 17 years since the Federal Law “On Homeowners' Associations” was adopted on June 15, 1996 (it is currently no longer in force). In 2004, this form of management was enshrined in Housing Code of the Russian Federation. In 2011, serious changes were made to the Housing Code of the Russian Federation.
What is an HOA? What are its pros and cons?
U HOA there are both supporters and opponents. Some think that this is an opportunity for joint management of common property in an apartment building, others that this is another form of deceiving residents and extracting their hard-earned money.
I want to try to help you understand what an HOA is, what its essence is and whether it is necessary, and if necessary, why?
A homeowners' association is a form of association of citizens who own residential premises in apartment buildings. The purpose of creating an HOA in accordance with the Housing Code of the Russian Federation is joint management of a complex of real estate in an apartment building, ensuring its operation, ownership, use and disposal of common property within the limits established by law.
An HOA implies the application of the principle of joint management of its property - real estate. The owners (Residents) of the house take upon themselves the resolution of all issues related to the maintenance of the apartment building. In this case, by creating an HOA, it is assumed that they will take measures to ensure an effective and efficient way of managing their property.
Dealing with the problems that arise regarding the maintenance and servicing of your property alone is practically not a realistic task, but if you are united and your interests are represented by a professional, the chance of solving the problem increases many times over. These are not just words.

I will give examples of numerous defense of the interests of an HOA, in a building in which there is an HOA and which I manage: Representation of interests in court and reduction of claims, organizations, debt collection from negligent owners, prompt resolution of ongoing requests and interaction with and much, much more.

Moreover, all activities are controlled by the residents themselves, their representatives in
Rights and obligations of the HOA
The HOA has the right:
enter into an agreement for the management of an apartment building, agreements for the provision of utility services, agreements for the maintenance of common property and other agreements in the interests of members of the partnership;
determine cost and income estimates for a year, special contributions and deductions to the reserve fund, costs of reconstruction and major repairs, costs for other purposes in accordance with the charter of the partnership;
based on accepted income and expense estimates the partnership for a year establishes the amount of payments and contributions for each owner of premises in the house in accordance with his share in the common property;
perform work for the owners of premises in the house and provide them with services;
sell, transfer for temporary use and exchange property belonging to the partnership.
If the owners of the premises fail to fulfill their obligations to participate in common expenses HOA has the right to demand in court forced compensation for obligatory contributions and payments, as well as for losses caused to the partnership.
If this does not violate the rights and legitimate interests of the owners of premises in the house, The HOA has the right:
provide part of the common property for use;
build on or rebuild part of the common property;
receive or acquire land plots for use or common shared ownership for the construction of residential, commercial and other buildings for the purpose of their further exploitation;
enter into transactions and perform other actions that meet the goals of the partnership.
Because the HOA- a non-profit organization, it has the right to engage only in those activities that are permitted in charter of the partnership.
The responsibilities of the partnership include:
fulfillment of requirements Housing complex of the Russian Federation, other federal laws and the charter of the partnership;
concluding agreements on the repair and maintenance of common property with the owners of premises in the house who are not members of the partnership;
fulfillment of obligations under contracts;
ensuring proper sanitary and technical condition of the property;
ensuring that all owners of premises fulfill their obligations for the maintenance and repair of property in accordance with the size of their shares in the right of common ownership of this property;
taking measures to prevent actions of third parties that impede the ownership and use of common property by owners;
representation of the legitimate interests of premises owners, including in relations with third parties.
Rights and obligations of HOA members
You can become a member of the HOA after acquiring ownership of residential premises in the building where it exists. But this is not an obligation - having bought housing in such a house, you will not automatically become a member of the partnership. However, the lack of membership does not exempt you from participating in the costs of maintaining and operating the house and paying for utilities.
Become a member HOA possible by submitting an application to join the partnership and presenting a certificate of state registration of ownership of the premises. The decision to admit an owner to the partnership is made at a general meeting.
Owners who have not entered into HOA, must conclude an agreement with him on the transfer of powers to the HOA for the supply of utilities, for the management of the house for the maintenance and repair of common property. The Partnership does not have the right to impose on such people any additional obligations, except for those enshrined in the Housing Code of the Russian Federation and other legal clauses and regulations.
Voluntary membership HOA presupposes a free exit from it. The procedure for exit must be provided for in the charter, since LCD does not contain provisions on this. After the sale of housing or the completion of another transaction that entails the termination of ownership rights to it, membership in the HOA is also terminated.
If a member of the partnership systematically fails to fulfill his duties or in any way interferes with his work, he may be expelled from the membership of the HOA, and may also be brought to administrative or civil liability in accordance with the legislation of the Russian Federation.
A member of the partnership has the right:
dispose of your property without agreement with other owners;
in accordance with the requirements of the charter and legislation, use common property for its intended purpose on the terms of common ownership, use and disposal;
participate in decision-making related to the management of the house, personally or through a representative;
make proposals to improve the activities of the partnership and eliminate shortcomings in its work;
elect and be elected to the management bodies of the partnership.
Members of the partnership are obliged to:
take part in general meetings
carry out requirements Housing Code of the Russian Federation, Civil Code of the Russian Federation and the charter of the partnership;
comply with technical and fire safety standards, sanitary rules for maintaining the house, local area and residential premises;
make timely payments for utilities, as well as special fees and targeted contributions in the amounts approved by the general meeting of HOA members;
participate in the costs associated with the maintenance, operation, construction, reconstruction and major repairs of an apartment building in accordance with the size of their share in the common property.
The partnership is liable for its obligations with all its property. In the same time HOA is not responsible for the obligations of its members, and the members of the HOA do not meet their obligations HOA.

To create favorable and safe living conditions for citizens in apartment buildings, proper maintenance of common property in an apartment building, resolving issues related to the use of said property, as well as providing utilities citizens living in such a house The HOA has the right: manage on one's own, transfer control Management company or Individual Entrepreneur, or involve an individual, an employee, in management Manager, within the framework of the cost estimate approved by the General Meeting of HOA members..
If in an apartment building not created association of homeowners or this building is not managed by a housing cooperative or other specialized consumer cooperative and at the same time there are more than four apartments in this building, the owners of premises in this building at their general meeting are required to elect

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