In order to effectively manage one or more houses, a homeowners' association is organized. In addition to the desire of the homeowners, to create it it is necessary to perform a number of actions, after which it must be registered as a legal entity. We will analyze step by step why it is organized, its features, and we will consider in detail the stages of how to create an HOA.

Features and Goals

An HOA is a non-profit organization that performs the functions of a governing body, representing the interests of residents. Its activities are aimed at organizing repair work, introducing innovations, monitoring the quality of services provided by public utilities, and paying bills.

The creation of an HOA can occur for several reasons:

• dissatisfaction with the current management company, the quality of the services provided to it;
• excessively high cost of payments for public utilities;
• Despite the funds being regularly handed over by residents, maintenance is not carried out on the territory and in the house itself. renovation work and cleaning;
• absence feedback with the management company, ignoring complaints and demands of residents.

In order for there to be a desire to create an HOA, one of the points is enough. But if most of the residents have no complaints, then it will be difficult to obtain consent to its formation. After all, more than half of the residents should be positive about changing the current management company.

The creation of an HOA has a number of features and advantages over other forms of management, namely:

• the solution of the assigned tasks can be carried out either on our own or by involving contractors;
• control over the quality of services of the service organization with which the contract was concluded.

At the same time, all hired contractors must perform services at a level that will comply with legally established standards. But when organizing an HOA, you need to understand that in addition to the obvious advantages, such an organization comes with a great responsibility. After all, it is necessary to deal with many nuances relating to property management and the intricacies of using utilities. This is necessary to understand how to organize an HOA correctly. Let us consider the most important stages of creating a partnership in more detail.

Stages of creating an HOA

Let us consider in detail where to start forming an HOA. The initiative to organize a partnership may belong to any of the residents of the house. It is best for this person to be good standing among others, he had a positive reputation and trust. After all, he will have to convince others of the need to create a partnership.

The actual organization of an HOA occurs in several stages:

• create an initiative group of responsible residents who are subsequently able to form a board;
• planning a strategy during a meeting of the created initiative group, including the main questions and answers for the general meeting of residents, taking into account legal norms;
• assessment of available resources: probable risks, initial capital for registration;
• notifying residents about the meeting, that is, sending out invitations or another method of notification;
• directly a meeting of residents followed by voting for or against the creation of apartment building partnerships;
• after a positive voting result, registration as a legal entity;
• opening a bank account;
• appointment of board members and, if necessary, hiring of staff;
• concluding agreements with residents regarding the provision of utility services;
• selection of contractors and conclusion of contracts with them.

Members of the board and the chairman of the HOA are elected at the general meeting by voting.

Organization of the initiative group and its activities

Each of the residents of the house or several houses for which it is planned can unite into an initiative group. creation of a homeowners association. They are the ones responsible for notifying others about the meeting, and are also involved in implementing how to organize a HOA in an apartment building. The notice of a planned meeting must include an agenda and the issues to be discussed.

The initiative group is selected by other residents or self-nominated. But it is highly desirable that among them there are specialists in accounting and jurisprudence who understand the basics of housing and communal services. Another important criterion is the trust of the majority of residents. After all, it is the members of the initiative group who most often become the board of directors of the HOA. This means they must be responsible, good business executives and specialists in the right fields. And know all the intricacies of how to open an HOA.

Holding a meeting

At this stage, the issue of creating a homeowners association is being decided. Residents gather apartment building or several, having a common territory or located next to each other, decide on the advisability of creating a partnership. A partnership can be created only with a majority of positive votes, taking into account the presence and participation of at least two homeowners. In this case, notifications must be sent out at least ten days before the day scheduled for the meeting.

If there are several owners in one apartment, it is better that each of them receives an invitation. But this does not apply to minors, since only residents who have reached the age of majority have the right to vote. Owners attending the meeting must have with them:

• passport;
• original or copy of state registration certificate of ownership of residential space

If there is no state registration certificate, it can be replaced by other documents giving the right to own real estate:

• contract of purchase and sale, transfer of living space or rent;
• certificate of inheritance;
• extract from the unified state register.

If a resident is unable to attend the meeting and wishes to vote, he can draw up a power of attorney for any neighbor who can cast the vote on his behalf necessary to create a homeowners association. Such a power of attorney does not require notarization and is drawn up in free written form. The number of homeowners can be found in passport office, to which the house or houses are attached.

The meeting discusses what was listed on the agenda attached to the notice. IN in this case– the question of creating a partnership with subsequent voting. At the same time, the procedure for organizing such meetings is clearly stated in the Housing Code of the Russian Federation. For voting, ballots are pre-prepared and distributed to everyone who comes with them. Required documents. Only in this case can residents vote and their vote will be taken into account.

Subject to positive votes from more than half of the owners, a decision is made to create a homeowners' association. After this, the board and chairman of the partnership are elected, who are executive body created association.

Drawing up a protocol

The next responsibility assigned to the initiative group is keeping minutes of the meeting necessary to open a HOA. Upon completion, it must indicate the fact positive decision on the creation of a partnership. The protocol plays an important role, has legal force, and therefore must be correctly drawn up and comply with the provisions of the Housing Code of the Russian Federation. This means that members of the initiative group are obliged to learn in advance all the subtleties of its design. For this it is worth getting legal advice which will help you avoid mistakes.

Such step-by-step instruction about how to create an HOA. As you can see, there is nothing too complicated. However, to properly prepare the papers, you need legal advice and proactive people on the board of the partnership who will defend the interests of the residents of the house.

Increasingly, management organizations are seeking to conclude Property Owners Association contract so as not to bear licensing risks. Perhaps this way of working will be useful to you too. Therefore, we recommend reading today’s article. In it we will tell you how to create a TSN.

HOA and TSN: what is the difference

In accordance with Art. 123.12 of the Civil Code of the Russian Federation, a partnership of real estate owners recognizes a voluntary association of owners real estate. These may be the owners of premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, horticultural, vegetable gardening or gardening land plots and so on. TSN is created for joint ownership, use and disposal in established by law within the limits of property (things), which by force of law is in their common property or in common use, as well as to achieve other goals provided for by law.

The definition of HOA is given in Art. 135 Housing Code. Homeowners Association the type of real estate owners' associations is recognized. This is an association of owners of premises in an apartment building for joint management:

• common property in the apartment building
• or the property of premises owners in several apartment buildings,
• or the property of the owners of several residential buildings.

And also to ensure ownership, use and, within the limits established by law, disposal of this property. TSN deals with:

• creation, maintenance, preservation and increase of property,
• provision of utilities to users of premises in apartment buildings or residential buildings,
• other activities aimed at achieving goals management of apartment buildings or for joint use of property.

Charter and obligations of TSN

The charter of the real estate owners' association is adopted at a general meeting. Such a meeting is held in the manner prescribed by Art. 45-48 of the Housing Code, by a majority vote of the total number of votes of the owners of premises in an apartment building.

The number of TSN members who created the partnership must exceed 50% of the votes of the total number of votes of the owners of premises in an apartment building.

A partnership of real estate owners is created without limiting the period of activity, unless otherwise provided by the charter of the partnership.

TSN is liable for its obligations with all its property. But is not responsible for the obligations of the members of the partnership. Members are not liable for the obligations of the partnership.

Conditions for creating TSN

According to Art. 136 of the Housing Code of the Russian Federation, owners of premises in one apartment building can create only one homeowners’ association.

A homeowners' association can be created:

• owners of premises in several apartment buildings, if the houses are located on land plots, which have a common border and engineering support networks, other infrastructure elements intended for joint use by property owners. Documents confirming the common border are contained in the Unified state register real estate.
• owners of several nearby residential buildings, country houses with personal plots or without them, garages and other objects, if the houses are located on land plots that have a common border and networks of engineering and technical support, other infrastructure elements that are designed to serve more than one residential building.

The homeowners association is legal entity since his state registration. State registration property owners association carried out in accordance with the legislation on state registration of legal entities.

We have developed step-by-step instructions on how to create a real estate owners' partnership. It is included in the handouts for this article. To download them, click “Get everything for 190 rubles.”

1. Owners of premises in one apartment building can create only one homeowners’ association. The decision to create a homeowners' association is made by the owners of premises in an apartment building at their general meeting. Such a decision 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.

1.1. The minutes of the general meeting of owners of premises in an apartment building, at which decisions were made on the creation of a homeowners' association and the approval of its charter, are signed by all owners of premises in an apartment building who voted for the adoption of such decisions.

2. A homeowners’ association may be created:

1) owners of premises in several apartment buildings, if these houses are located on land plots that, in accordance with the documents contained in the Unified State Register of Real Estate, have a common border and within which there are networks of engineering and technical support, other infrastructure elements that are intended for joint use by owners of premises in these houses. The list of property that is intended for joint use by owners of premises in several apartment buildings is determined in accordance with the requirements established by the Government Russian Federation. Decisions on the creation of a partnership, on approval of its charter, election of the board of the partnership, on vesting a citizen (including the owner of premises in one of these houses) with the authority of the applicant to apply to the authorities carrying out state registration of legal entities, and in cases provided for by the charter of the partnership, Also, the election of the chairman of the board of the partnership is adopted at general meetings of the owners of premises in each apartment building by a majority of at least two-thirds of the votes of the total number of votes of the owners of premises in the given building. Features of the adoption and execution of these decisions are established federal body executive power, carrying out the functions of developing public policy and legal regulation in the field of construction, architecture, urban planning (with the exception of state technical accounting And technical inventory objects capital construction) and housing and communal services;

2) owners of several nearby residential buildings, if these houses are located on land plots that have a common border and within which there are utility networks and other infrastructure elements that are designed to serve more than one residential building. Decisions on the creation of a partnership and the approval of its charter are made by agreement of all owners of these houses. Decisions on the election of the board of the partnership, on vesting a citizen (including one of the owners of residential buildings) with the authority of the applicant to apply to the bodies carrying out state registration of legal entities, and in cases provided for by the charter of the partnership, also on the election of the chairman of the board of the partnership are made in general owners meeting residential buildings by a majority of at least two-thirds of the total number of votes of the owners of residential buildings.

(see text in the previous edition)

3. State registration of a homeowners’ association is carried out in accordance with the legislation on state registration of legal entities.

4. To a homeowners association created in accordance with paragraph 2 of part 2 of this article, the requirements established in relation to a partnership of homeowners created in an apartment building or several apartment buildings apply, unless otherwise follows from the peculiarities of relations in the partnership created by the owners of several residential buildings.

5. When state registration of a homeowners’ association, the minutes of the general meeting of owners of premises in an apartment building, at which decisions were made on the creation of the partnership and the approval of its charter, and the charter of the partnership, as well as information about the persons who voted at the general meeting of owners of premises in an apartment building are submitted for the creation of a homeowners’ association, about the shares belonging to these persons in the right of common ownership of common property in an apartment building.

HOA - what is it and how to organize it? What is needed to create an HOA in an apartment building?

The idea of ​​creating their own organization arises among the residents, when they are dissatisfied with the work of the management company.

Usually this issue is dealt with initiative group, which campaigns and appoints general meeting residents.

This group may include not only owners, but also third parties, for example, the mayor's office.

But the main thing is that the initiators had legal or managerial experience.

Partnership requirements

Homeowners Association must meet the following requirements:

1. Carry out its activities within the framework of housing legislation.
2. The HOA is obliged to establish for residents certain rules for the use of common property, determined by the SES.
3. The HOA organization must be created in accordance with legislative norms.

The partnership must be registered with the tax authorities and have a bank account.

What documents will be required?

What documents are needed to create an HOA? To create an HOA, or rather, to register it, The following papers are required:

• minutes of the meeting;
• a copy of the Charter of the partnership;
• minutes of the board (on the selection of the chairman);
• form 11001;
• a receipt confirming payment of the state duty;
• power of attorney (if necessary).

Number of members

What should be the number of homeowners' association members who create the association? To create an HOA it is required, so that it includes more than half of the owners of apartments in the building.

Otherwise, the organization cannot be registered as a legal entity.

So, how to register an HOA in an apartment building? Use the algorithm.

Step-by-step instruction

How to create an HOA?

So, initiative group, consisting of apartment owners, decided to form a HOA.

All actions of residents must comply with the established rules:

1. 10 days before the event, you should notify all residents.

   Moreover, the notification is drawn up in writing indicating the agenda. If the document is delivered personally, then a receipt must be taken from the recipient. If sent by mail, then only by registered mail. The meeting may be full-time or correspondence.

2. Holding a meeting. At it, participants should discuss only those issues that were put on the agenda. All residents receive special ballots with which voting is carried out. The creation of an HOA occurs if more than half of the homeowners vote for it.
3. After a successful vote, residents must elect the board and chairman. The board is the executive body of the organization, and the chairman serves as the head.
4. Further the main document of the HOA is approved - the Charter. This is the founding document containing all important information on the creation, operation and liquidation of the partnership.
5. At the end of the meeting, the the protocol is signed.
6. The responsibilities of the HOA chairman include registration of organization. How to register an HOA? For this, all necessary documents are collected, including minutes of the meeting, a copy of the Charter, etc. Before submitting papers for registration, a state fee is paid.
7. Then the chairman opens a bank account, which will be listed for a specific house.

Minutes of the meeting

Minutes must be kept at every meeting of owners, starting with the creation of the HOA.

1. This document indicates the agenda and issues that residents need to resolve.
2. The protocol contains information about the number of residents who voted for the creation of the HOA.
3. The decision of the homeowners must be written down.

If the meeting is held in absentia, then the document also indicates:

• number of ballots created;
• number of submitted ballots from residents;
• members of the commission who counted the votes.

Community Reorganization

If a homeowners' association has been created in an apartment building, its reorganization is carried out on the basis. Since the HOA is a legal entity, the procedure is no different from the reorganization of other organizations.

The initiative can only come from the founders or the management body, if these powers are specified in the Charter.

There are several types of reorganization of an association, in which all rights and obligations of the partnership are transferred to another person:

• accession;
• transformation;
• merger.

In addition, the HOA may be reorganized using a selection or section. In the first case, rights and obligations are divided between several new legal entities. The division is carried out on the basis of the separation balance sheet.

All issues related to the reorganization of the HOA are submitted for decision at the general meeting.

Reorganization of the partnership often used in bankruptcy, since this is the only way to save the organization. The entire procedure must be carried out according to the law, otherwise the court may declare it illegal. And then the question of its liquidation will arise.

You can learn about the problems leading to the reorganization of the HOA from the video:

How to find out the registration date of the HOA?

A residents' association is a legal entity, so finding out its registration date is quite easy.

For example, you can find an organization by address on the tax service website.

If the organization has already taken place, the HOA will be included in the list.

If an official document is required, then order an extract from the tax authority.

Is it possible to create multi-house HOAs?

How to open a multi-house HOA? In law it is allowed to create a homeowners association in one apartment building. But there are exceptions when an organization is involved in maintaining several houses.

This is the so-called multi-house HOA. It can only be organized if if the houses are nearby and border each other.

Is it possible to create an HOA if some of the apartments are not privatized?

How to create an HOA if not all apartments are private? The organization is created by home owners, therefore, on the part of non-privatized apartments The participant is the municipality.

But the creation of an HOA is considered impossible if there are more non-privatized apartments than privatized ones.

Results

Partnership has both advantages and disadvantages. The advantages of an HOA include:

If speak about disadvantages of partnership, then the most common ones include:

1. Lack of initiative on the part of the owners and their failure to comply with the organization’s decisions. This often leads to HOA activities turns out to be useless and over time it is simply closed.
2. Incompetent management. The position of chairman must be occupied by a specialist, since initiative alone is not enough. It is advisable that he be a lawyer or have experience managing large numbers of people.
3. The appearance of debtors.

   If some residents do not pay for utilities, then their debts must be paid by the remaining participants. This leads to conflict situations and the dissolution of the partnership.

   The governing body, in this case the meeting of members, must develop a mechanism for influencing unscrupulous debtors.

4. Additional expenses. Not all residents like this. But if we consider that the expenses are necessary for general needs, then they can hardly be called non-targeted. This could be, for example, the arrangement of a playground or a parking lot.

For most, creating an association of residents of an apartment building seems the only way to control the operation common property . But in order for this organization to bring significant benefits, many factors must be taken into account.

Including the competence of members of management bodies. Therefore, the creation of a partnership must be approached thoughtfully and in compliance with the procedure.

About, how to create your own HOA, you can find out from the video:

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1. The application must be submitted and addressed to tax office at the location of TSN. If the application and the package of documents accompanying it are submitted to the wrong tax authority, then a decision will be made to refuse state registration, and the documents and the receipt for payment of the fee will not be returned. And for subsequent registration, all documents must be prepared anew and the state fee in the amount of 4,000 rubles must be paid again, as well as notary services;
2. If on the third sheet of the application the applicant’s signature is not certified by a notary, then based on such an application a decision is also made to refuse registration of the TSN. To register, all of the above documents are required. The absence of any of them gives the right tax authority make a decision to refuse state registration;
3. All information in each document must be accurate. Both the name and address of TSN indicated in the registration application, in the Charter and in the protocol must be the same. The contents of the Charter must not contradict the law. All meeting decisions must be made and formalized in accordance with the requirements Housing Code RF;
4. If the state duty is paid to the wrong details, or a copy of the receipt is attached, and not the original, then National tax is considered unpaid, and based on the package of documents, the regulatory authority makes a decision to refuse state registration;
5. It is very important to prepare the documents correctly: each document consisting of more than one sheet must be bound and numbered. The number of sheets in the document is confirmed by the signature of the applicant or notary on the back of the last sheet of the document at the place where it is bound. Corrections in the text of submitted documents are not allowed, dashes are placed in unfilled columns, and blank sheets of form P11001 are not attached.