Cooperative house - the rights of residents and important features of such housing in Russia. What is a cooperative house Buying an apartment in a residential complex

In February current year in the State Duma, a proposal was made to return the Soviet system of cooperative houses, however, with a number of amendments. How will the new housing cooperatives differ from the old ones and whether these changes are really beneficial for ordinary buyers.

To be or not to be cooperatives

In Soviet times, people united in cooperative organizations to build a house at their own expense. Thus, they immediately became direct owners of the property. The owners could dispose of these apartments at their own discretion, but public housing could not be sold or exchanged.

The first housing cooperatives in the USSR began to appear in the 20s of the last century, but they did not last long - only 17 years. Then they were abolished. In 1958, the creation of cooperatives was again allowed, as thanks to this system, the problem of housing shortage was solved. Despite the fact that the facilities were to be built at the expense of the shareholders, the state made concessions and provided a preferential loan to housing cooperatives. Sometimes future tenants themselves helped build the house, coming to the construction site after work.

About forty years ago, a cooperative "odnushka" in Moscow cost about three thousand rubles, a "kopeck piece" - five thousand rubles. average salary in the capital was no more than two hundred rubles. Despite the fact that in Soviet times almost every second citizen had savings, only a few could afford to buy real estate. The thing is that at first it was necessary to join the cooperative. Residents of Moscow had to wait for years until their turn came. At the same time, a strict selection was carried out. For example, non-residents could not qualify for inclusion in the list. Those who applied for cooperative housing were excluded from the queue for public apartments.

If at first cooperative houses were built relatively quickly and with very high quality, over time the pace of construction fell. Those who invested in such real estate in the mid-80s had to wait 10 years for the house to be completed.

“Today in our country there are several forms of self-organization of citizens who unite in order to improve their living conditions,” says Alexey Shmonov, CEO real estate portal Move.su.

Some experts recommend joining the ZhNK, not building cooperatives. In the first case, as they say, there is a stricter and more serious control over the expenditure of funds intended for the construction of the facility. Others, on the contrary, believe that ZhNK is not the best and safest option.

In our country, there are still many housing cooperatives - a kind of legacy of the USSR. At one time they tried to abolish them before the HOA, but the owners of real estate this idea didn't like it. As a result, the amendment made to the law was repealed.

In fact, housing cooperatives carry many risks. There will definitely be people who want to cash in on this. On the other hand, if the construction company goes bankrupt, the deceived equity holders can unite in housing cooperatives and complete the construction of the facility on their own at their own expense.

If we talk about a housing savings cooperative, then only citizens can be its members. At the same time, at least 50 people can come forward with the initiative to create an association. All financial operations controlled central bank Russian Federation.

Cooperatives: pros and cons

Today, a person can act as a tenant of an apartment or be its full owner. After payment of the full amount, the cooperative ceases to exist as such. It is assumed that in the future a member of the cooperative will be the owner of the share and will be able to use the premises indefinitely. The share can be inherited.

Why is this needed? According to some experts, in this case, housing will become more affordable and will be able to afford those who are unable to purchase real estate at the average market price. A share will cost less than the actual apartment in an apartment building.

In September last year, amendments to the law regarding housing cooperatives came into force. The amendments were necessary to simplify the work of housing cooperatives and ensure financial security their activities. Thanks to state support, shareholders will pay at least thirty percent cheaper, since they will be provided with land free of charge. Previously, there was a law according to which the site was transferred for development only after payment of 20% of the contributions. Plus, there will be no developer's margin and his costs that appeared during construction. Previously, for the same bank loan, developers were charged a serious percentage, the amount of which was included in the cost of the object.

In addition, the state will make sure that fraudsters do not enjoy the trust of citizens and do not embezzle funds. All activities are carried out under the control of the cooperative and the authorities. Another big plus is that it is now forbidden by law to voluntarily liquidate a cooperative until the property is fully transferred to the rightful owners. Now citizens who decide to purchase a share in a cooperative house can do this with the involvement of credit funds.

In the future, they plan to make a number of amendments to simplify the process of buying cooperative housing with state support. Today, there are a number of requirements for shareholders. For example, one person can own only one share (i.e., can only claim one apartment).

The main points of organizing a cooperative

To organize a housing-construction cooperative, it is necessary to hold a meeting of founders, at which, among other things, the charter of the organization is approved. It prescribes all the main points, including the procedure for the formation of property, the size of shares and initial contributions, who and how can become a member of the cooperative, who and for what reason can be excluded from the organization, as well as the main points related to holding meetings and assemblies. Particular attention should be paid to what powers are vested in the board members, the chairman and other members, and, of course, what compensation will be received by those who want to leave the cooperative.

The first step is to submit an application to the housing mortgage lending agency, which should clearly state the information about the intention to create a cooperative. The appeal indicates what type of development is planned, how many participants there will be, etc. After that, you should form lists and send an application for the provision of a site. After all paperwork is completed, a cooperative is registered, all information is transferred to the agency for housing mortgage lending, which must decide on the transfer of land to the cooperative. After the facility is put into operation, the land is transferred to the ownership of the shareholders.

Thus, a cooperative house is already being built in the city of Grodno without attracting concessional loans. average cost square in the object is about 700 rubles.

HOA: basic concepts

If the owners themselves want to take care of management, control costs and carry out renovation work, they can unite in a homeowners association. This is a good alternative to various management companies, which are usually dissatisfied with tenants. HOA members, for example, they decide when repairs are needed and with whom it is better to cooperate. IN this case all costs and tariffs are discussed at the general meeting, the costs are completely transparent and understandable. If, for example, the house decides to rent out the basement, the money received can be spent on major repairs.

The housing and savings cooperative is practically not popular, since the risk of falling for a scammer is too high. Ideally, all actions of the ZhNK should be discussed and should not go beyond the law of the Russian Federation, however, in reality, there may be a completely different picture. On the other hand, ZHNK can be considered an excellent alternative to a mortgage loan.

co-op housing

Cooperative housing is an interesting system for providing citizens with living space, invented in the distant USSR. Since everything was common in the Soviet state, the purchase or personal privatization of the same apartments was impossible. Despite this, there were many who needed housing or simply wanted about their blood meters. After analyzing the current situation, the state rulers decided on the possibility of forming cooperative housing.

The success of this innovation was phenomenal, as many residents of the "councils" decided to get new housing. The principle of cooperatives has not changed so far and is a convenient, first of all, for the citizens themselves, the purchase of living space. If we simplify the acquisition scheme as much as possible, we can distinguish the following stages:

Participants of the cooperative form a common share for the construction of a house by third parties.
Waiting for the end of this process.
They move into built housing, gradually pay out the remaining part of the shares (not always) and use the property in proportion to the funds contributed.

Essentially the same form of mortgage loan. However, in this case there are no interest, fines and forfeits. The usual system of payment of shares. Naturally, in a cooperative house, each tenant has his own share, but the property is owned by all tenants (cooperative). The latter organize their associations for the maintenance of the received house.

Important! The principle of common ownership is not permanent. That is, when paying the entire part of the share contributions for the housing received in operation, the citizen becomes its full owner. You shouldn't forget about it.

A few words about the types of housing cooperatives

In the legislation of modern Russia, two types of cooperatives are distinguished:

Housing construction (HBC).
Housing savings (HNK).

The basic principles of their formation and existence are identical. The main difference, which is almost the only one, is the nature, the procedure for paying shares from the tenants.

The system of a housing construction cooperative involves the formation of basic capital for the construction of a cooperative house. In other words, citizens

add up their savings into a single whole, forming capital;
provide housing construction;
they immediately receive meters in it, commensurate with the contributed share.

Types of housing cooperatives

As you can see, after the construction of additional shares is not required. The only thing that the tenants of the cooperative will pay for is maintenance common property. The procedure for such payments and their features are determined by the chosen management body of the cooperative. Naturally, the formation of large capital carries considerable risks, therefore, it is important to approach the creation and work with housing cooperatives extremely responsibly. Any incorrect or economically incorrect action of authorized persons may provoke the bankruptcy of the association.

As for housing savings cooperatives, their system is slightly different. When creating such an association, residents form only 30-50 percent of the total capital required for the complete purchase or construction of a cooperative house. The rest is determined in the form of a loan for the cooperative, which is paid over the next years by the tenants in proportion to the shares taken by them. This approach is safer and more convenient for citizens, because:

loans from ZhNK members are profitable (up to 5 percent per annum);
easy to pay;
"cooperatives" can immediately buy already built housing, eliminating the risks of organizing construction and loss of funds.

In principle, you don’t need to know anything more about cooperative houses. Within the framework of the legislation of the Russian Federation, the information provided will be quite sufficient. Despite some inconvenience in terms of the future of owning housing in cooperatives, today participation in them is one of the most profitable ways acquisition of housing. It is extremely difficult to argue with this.

Residents' rights

The rights of tenants in a cooperative house are determined by a number of articles of the Housing Code of the Russian Federation. Before joining a housing cooperative of any form, it is important to carefully study this legislative act, without focusing on specific chapters and articles. The specificity of such housing is great, so being savvy from a legal point of view will help to avoid losing money or other problems associated with participating in a cooperative.

All the rights of the tenants of the cooperative house are also determined in the documents that they sign regarding the fact of their participation in the association. These include constituent documents and various kinds of contracts. IN general case residents have the right to:

To fully dispose of the housing received, commensurate with the shares contributed by them (without violating cooperative agreements, of course).
To participate in every possible way in the life and existence of the cooperative.
Enjoy all the opportunities and benefits of participation in this association.
Do not pay third-party funds for the constant maintenance of common property in good condition, if such an obligation is not specified in previously signed documents.
Privatize, or rather, allocate a share in sole proprietorship, if this is possible according to the rules of the cooperative.

Again, the noted rights of residents are extremely generalized. Their full list, along with duties and other aspects of the issue, can be found with a detailed study of the Housing Code of the Russian Federation and the documentation of the cooperative. Otherwise, not a single tenant from any cooperative house in the Russian Federation will simply be able to get acquainted with the legal aspects of this kind.

Conditions for the demolition of cooperative housing stock

At the end of today's article, let's pay attention to the possibility of demolishing the cooperative house. The conditions for such a measure are reflected in the 32nd, 86th and 134th articles of the Housing Code of the Russian Federation. If you wish, you can familiarize yourself with them without much difficulty. The interpretation and reflection of all legislative concepts are made available to the citizens of Russia.

When demolishing a cooperative house, several outcomes of events are possible:

Residents will be provided with proportionate state-owned apartments with the possibility of subsequent privatization.
Members of the cooperative will be compensated.

Note! In case of incomplete redemption of shares, a citizen receiving housing or compensation will be obliged to fully fulfill his obligations to the cooperative in the manner agreed earlier.

Perhaps this is the end of the most important provisions on the topic of today's article. We hope that the presented material was useful to all readers and gave answers to their questions. As you can see, there are no special difficulties either in the phenomenon under consideration or in the rights of the residents of the cooperative house. Everything is extremely simple and transparent to understanding.

How to allocate a marital share in a cooperative apartment:

Housing cooperative

A housing cooperative (HC) is a founding organization that brings together citizens for the purpose of acquiring and jointly operating space apartment building.

At the time of co-founding, the number of persons shall be at least 5 persons. They unite voluntarily and plan the construction and subsequent maintenance of the building. At the same time, the number of participants cannot exceed the number of apartments in the building.

The organization exists at the expense of membership dues of citizens, from which mutual settlements are made for the construction of a low-rise or high-rise building, as well as for all processes requiring financial investments.

Financial support of a legal entity through investment by residents is the main condition for the existence of a residential complex.

IN modern conditions This is a common and quite attractive way for citizens to purchase real estate. Unlike participation in shared construction(see Law on Equity Participation in Construction 214-FZ), members of the cooperative regulate the activities of the developer.

In this case, the developer works for the institution on a contract basis, reporting to the board as to the customer and the employer financing the project.

Types of housing cooperatives

This type of right allowed the possession of property even in the Soviet Union, and there were no analogues to it. Currently, its uniqueness has been lost in the background equity participation in construction, privatization, mortgage lending.

Due to this diversity, the legal characteristics of a cooperative as a legal entity have become incomprehensible to citizens who do not know the legal subtleties in the field of real estate, since their institutions are divided into types:

ZhK and ZhSK (housing construction cooperative) differ in the degree of occurrence legal relations, which begin at the construction stage, as in the case of housing cooperatives, or allow entry into membership after the construction of the house, and even after settlement, transferring empty premises to newcomers.
Consumer organization of management of an apartment building - a way of managing a cooperative, arises as a legal entity after putting the house into operation.
ZhNK - housing savings cooperative. It provides for the admissibility of obtaining apartments of your choice from several houses included in the association.

The housing cooperative agreement is distinguished by the establishment of legal norms, according to which contributions, during the construction phase, increase on the basis of various reasons, which is negotiated among the members of the organization and accepted in connection with the prevailing indexation.

This is an acceptable and sub-legislative aspect, which does not give guarantees to citizens who invest in construction, knowingly calculate financial investments in the building under construction.

Other types of organizations do not contain such a requirement.

The costs of maintaining and operating the house are also divided in equal shares, but at the stage of providing apartments, the price increase is frozen.

The procedure for establishing a housing cooperative

The legal entity of the founder is considered to be active:

after registration of constituent documents;
entering information into the Unified Register.

The constituent organization is formed according to the type of LLC, OJSC, NPO - depending on the goals and objectives of its representatives.

The goals are commercial and non-commercial in nature. In the first case, investors have the right to use their own investment resources spent on construction. Subsequently, they open auctions for residential premises of a high-rise building, which partially covers the costs incurred.

While not receiving a large profit from the sale of apartments, they manage to earn money by renting the lower floors, subleasing the parking area and ennobled adjacent territory.

The NPO is not focused on making a profit from the organization of the ZhNK. Its goal is to provide citizens with housing on acceptable terms. For the most part, founders are initiators who themselves need improvement living conditions. They apply for entry into the board and organization of the rules of the hostel.

Entering information into the USRR allows managers to start work. This requires preliminary preparation and registration of the charter. It is drawn up in a draft version, which the founders and co-founders get acquainted with against signature and against the protocol.

After completing the registration, the organization becomes registered with the tax authority, in pension fund, fund social insurance, after which its powers are limited only by legislative norms and acts.

IN tax authority required to present:

an extract of registration in the USRR;
protocol of establishment of the organization;
approved charter;
information about the legal address.

Housing cooperative management

The organization of the residential complex does not require the involvement management company, but allows this option.

If the managers are in charge of more than one high-rise building, but several, the board has the right to expand powers by introducing an appropriate provision into the charter.
It indicates the grounds that require the creation of an independent organization in order to manage the property of the house and maintain it in the proper form:

building;
common areas;
area adjacent to the house.

The board is elected by the meeting of the members of the cooperative, and a chairman is elected from among them. He recruits a staff that corresponds to the status:

limited by the powers of management of the LCD;
assigned to a management company.

The staff list is approved by the meeting of residents, with the approval of employment and the established salary.

The following vacancies are allowed:

chairman;
accountant and (or) chief accountant;
passport officer;
electrician and plumber;
janitor and cleaner.

At the discretion of the residents, it is permissible to introduce the rate of a concierge, a duty officer, an elevator operator, etc. Security functions are performed by licensed specialists, under an agreement with a private security company.

In addition to the chairman, other members of the board are activists and participate in organizing the activities of the cooperative free of charge.
They install and maintain feedback, initiating innovations or work on the reconstruction and repair of the building.

The issues of personnel management and ongoing work are decided by the chairman. The board is charged with the function of the audit commission, which is specified in the charter in detail. She is authorized to oversee the work of the chairman and has the right to require financial and other reporting for verification at her discretion.

Rules for joining and obtaining membership in a housing cooperative

Joining a cooperative is a legal procedure. Unlike apartments in a new building with the rights of a participant in the DDU, a permit from the residents will be required here.

A potential copyright holder submits an application to the chairman of the board, who considers it. They have the right to become a citizen who has reached the age of 16, upon certification of his application by a legal representative. A person joining the LCD gets acquainted with the charter and the amount of the fee, which is submitted for payment.

The next step is to go through the approval process. The issue is raised at a meeting of tenants, where those who wish to express themselves on the merits of the issue and by a simple majority of votes, by open voting, decide to accept a citizen into a cooperative.

Its presence indicates that a person has the right to draw up documentation for the disposal of property, and most importantly, to pay the contribution established in relation to him to the account of the LCD.

Its size depends on:

From the payments of the previous owner, if the apartment is bought.
From the size established for those entering the LCD, adopted at the meeting, reflected in the statutory documents.

Membership means legal status individual who received the right to dispose of the property, on the basis of joint legal ownership of the house. Since the type of ownership is joint, it is required to coordinate the types of responsible attitude to material property on the territory of the building and in the yard.

The organization is required to maintain a unified register of members of the cooperative, with the registration of their arrival and departure.

Rights and obligations of members of a housing cooperative

Membership in a cooperative gives a person the rights to:

Dispose of property, participate in resolving issues of financing activities, acquiring premises for individual use.
Elect the board, be elected and choose activities in the management of the joint property of the house.
Participate in the decision-making of the meeting, gaining the right to vote in relation to the processes of managing the organization, reconstruction and operation of the building.
enjoy provided benefits, in the presence of income - to participate in their distribution.
Receive information about the activities of the board in the form provided for by the regulations.
Sell, donate, exchange real estate, with the consent of the meeting.
Claim the paid-out share funds upon withdrawal from it.
Leave as an inheritance or bequeathed.

He is charged with responsibility for:

Follow the rules set by the charter. Execute the orders adopted by the meeting.
Make contributions and other payments required by the charter or decision of the meeting for the development of the legal entity.
Be financially responsible for the building, adjacent territory and shared areas.
Bear the risks associated with unforeseen situations within the limits of accumulation.

Pros and cons of joining a housing cooperative

The positive moments are determined, for the most part, by the acceptable cost of the apartment, which follows from a relatively low interest rate - 0.5% per annum of the value of the object.

At the same time, one must understand that the obvious disadvantage is the risk that the entire enterprise bears when building a multi-storey building, which affects the legal and financial status of its members.

This point makes it difficult to find banks - investors in construction. And the savings of the cooperative's funds stem from the efforts invested in the organization of construction. With their lack, construction will be frozen for an indefinite period. Here, most of all, the human factor, characteristic of the founders of the project, plays a role.

But citizens join housing cooperatives on the basis of undoubted advantages:

Participants have the right to request reporting and other information about the work being carried out, which is limited under DDU.
By decision of the board, it is permissible to refuse the services of a general contractor.
The developer fulfills the requirements established by the charter, which allows for the utmost clarity in the organization of construction.
Unlike DDU, repayment of payments is made in frequent, but not so large amounts. Unlike apartments in a mortgage - interest rate much lower.

The conditions of joint ownership, provided only by part of the rights in a high-rise building, should not be considered unambiguously, since there are equally positive and negative points here.

I will clarify that the cooperative since 1960 (Moscow)

No one collects money, everything is included in the rent, the cooperative has its own bank account, expenses come from it.

Staff salaries are approved at the general meeting.

The yard has been cleaned, the intercoms are working, the entrances have been repaired, even the burnt out light bulbs are changed almost instantly.

Primary source Much depends on the tenants themselves and the members of the board of the cooperative!

This concept is outdated (I live in this myself). Cooperatives were created in Soviet times to build a house. Now it should be an HOA, in accordance with the housing code. They don’t do anything with us either, they just collect money, which goes to the salaries of the chairman, the accountant. Moreover, the salaries are not small for 1 hour of admission per week 10 tr. , accountant 7 tr. one janitor his 9 tr. worked, but now they accepted some kind of khanyga, you can’t get out of the entrance, snowdrifts.

You have every right not to let anyone into the apartment. You will have to pay. Gather an assembly and change the council.

now there is no such thing buy and live

I also have a cooperative house and also some grannies. but the money that is collected seems to be spent on business. they could collect more and put things in order in the yard, otherwise they save everything and the weeds in the yard are higher than the roof. talk to other tenants who have also recently moved in, discuss problems. It seems to me that it is simply technically impossible to turn off the heating of one apartment in the middle of the house, and if you have everything paid for, then legally.

Free legal advice:

Ownership of a cooperative apartment: we understand

One of the types of housing acquisition is cooperative construction. The peak of its popularity subsided in the 1990s, but then, after some stabilization of the financial situation of citizens, it begins to become popular. Cooperative construction in some cases is similar to the shared acquisition of residential premises, but differs from it in some subtleties. Consider the legal mechanism for acquiring ownership of cooperative housing.

Apartment registration mechanism

Registration of a cooperative apartment. Photo No. 1

If you carefully study legal process registration of a cooperative apartment, the first thing you need to pay attention to is the existing methods of building cooperative housing. There are two of them.

In the first case, there is an organization of citizens who want to become owners of their homes. Further, they create a residential building cooperative (legal entity ZhSK), register the charter with the municipal authorities. At the general meeting, a chairman is elected, a land plot is received for construction, and a construction organization is found that is ready to build apartment house. An agreement is concluded with it, and each participant becomes a shareholder, making the agreed payments. After the apartment building is rented out, each shareholder becomes the owner of the agreed share in the form of a specific dwelling.
In the second case, a simple residential cooperative is created. Its peculiarity is that an apartment building is being built not for the money of shareholders, but for funds raised (for example, a loan). Further, citizens unite in a cooperative, write a charter, register it with municipal authorities, and become shareholders. They pay a certain amount for a shared housing unit every month.

Despite some differences, the mechanism for registering an apartment in such cooperative apartment buildings is the same, and proceeds according to the following algorithm:

a legal entity (housing multi-apartment cooperative) must be created, its charter must be registered, a chairman elected, members of the board appointed, an accountant hired, a seal made;
all registration documents, a sample signature of the director (head of the cooperative), chief accountant, a list of members of the board of the cooperative, must be submitted to the registration service;
after the construction of an apartment building, it must be transferred, together with all residential and other premises, to the balance of the cooperative;
each shareholder who pays money for a share (apartment) must be accepted as a member of a residential multi-apartment cooperative at a general meeting;
to register an apartment on the balance sheet of the cooperative, the fact of putting the apartment building into operation is sufficient;
in order to register an apartment for a specific shareholder in the unified register of owners, the shareholder must provide a copy of the charter, a certificate of the paid share to the registration authority at the location of the residential premises, and receive an extract from the register stating that he has become a full owner.

As you can see, the legal mechanism for registering a cooperative apartment is somewhat different.

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It is important to remember that a feature of cooperative houses is that after the commissioning of an apartment building, shareholders do not become owners, they only have the right to use the premises. Ownership comes only from the moment of registration.

Problems of registration of cooperative property

Registration of a cooperative apartment in the property. Photo #2

Shareholders of cooperatives often face different situations, which do not allow full disposal of their apartments.

It is caused by a special legal status such a dwelling. Immediately after the apartment building is put into operation, any residential premises located in it, on the right of ownership, belong to the housing cooperative. Citizens who have paid the share are the users of the apartments. That is, they have the right to live in them, but they cannot fully dispose of (sell, donate).

Therefore, in order to become the owner of housing, the user is obliged to register this residential space as his property. To do this, you need to provide the registration authorities with a certain package of documents, without which there will be no registration.

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If there are no such documents in the cooperative (for example, they are lost), then the burden of restoring them falls on the shareholder. In some cases, you have to prove your right to housing through the courts.

Based on this, main problem related to the registration of cooperative property is the provision and collection of a mandatory package of documents of the following content:

the charter of a housing cooperative, in practice there are often situations when the charter is changed, additions are made to it, and chairmen do not always provide certified copies of changes to the state register, therefore, when registering an apartment, the shareholder has to force the chairman to take everything and give an appropriate certified copy citizen;
a certificate stating that the share has been paid in full and the cooperative has no claims, it is signed by the chairman, as well as the accountant of the cooperative, but there are situations when the payout register or account book can be lost, destroyed by the old management, so the shareholder will have to reclaim information from banks or archives that he paid everything, and provide it to the chairman of the cooperative;
an act on putting the house into operation, as well as a technical passport for the house and apartment (a certified copy of these documents), which are kept by the chairman of the cooperative;
an order to move into a dwelling, which is also kept by the chairman of the housing cooperative, or another document confirming this fact.

If this package of documents is not provided, then it will be problematic to formalize the right of ownership, and you will have to do it through the court.

It is important to remember that before starting the process of registering cooperative housing as a property, the shareholder must approach the chairman and clarify with him which documents are and which are not.

Privatization of a cooperative apartment, owner's rights

The mechanism of privatization of a cooperative apartment. Photo #3

Free legal advice:

Many shareholders of housing cooperatives, when they begin to register housing as a property, try to privatize it by contacting the municipal authorities. But from a legal point of view, their actions are wrong.

Privatization refers to the registration in private ownership of state or municipal apartment. Cooperative housing is initially the property of a housing cooperative, therefore, a shareholder who has fulfilled all obligations, in fact, on the basis of current legislation he simply re-registers the ownership of the dwelling from the cooperative to himself, that is, to his share.

Based on this, such housing is not subject to privatization.

Now consider the question of what rights the owner of a cooperative apartment has.

In principle, after registering the ownership of your share (residential premises), a citizen becomes its full owner. Ownership of cooperative housing implies any action related to the use and disposal of real estate at one's own discretion.

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Until the share is registered and is the property of a housing cooperative, a citizen has the right only to live in an apartment, if he decides to register someone in it, exchange it, or sell it, then such actions require the consent of the general meeting of the cooperative and its chairman.

Based on this, we can draw an unambiguous conclusion, consisting in the following. As long as the cooperative is the owner of the dwelling, the citizen has the right to use the dwelling only for its intended purpose, that is, to live in it. All other actions with real estate must be agreed with the management of the cooperative or at a general meeting.

After registering the right of ownership, a citizen gets the opportunity not only to use housing, but also to fully dispose of it. That is, for the alienation of property and other actions related to this, coordination with the management of the cooperative is no longer required.

It is interesting to know that in practice there are situations when the state repays part of the share contributions for citizens in cooperative construction. In this case, it does not become its owner, and there is no need to privatize such objects. They are still subject to the law on cooperatives.

Termination of membership in a housing cooperative

How to leave a housing cooperative? Photo number 4

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This question is also of interest to many, since there are different situations in which a citizen can be excluded from the cooperative.

First of all, it must be explained that the mechanism for exclusion from full members of the LCD includes the adoption of such a decision by the general meeting of members of the multi-apartment cooperative. The chairman of the cooperative puts this issue on the agenda, and if the members by a majority vote decide to expel, then the person is excluded from the members of the JK.

What legal consequences can come?

If a person did not have time to formalize the ownership of his target share (apartment), then his living quarters can be transferred to another person, but compensation must be paid to the excluded person (funds that were given for share contributions). Based on this, such situations rarely occur.

If the property has already been registered, then the citizen can also be excluded from the membership of the cooperative, but at the same time he will not lose his housing, but may demand full financial compensation in the form of the market value of the property. In this case, the exclusion from the members of the cooperative bears only such legal consequences as the deprivation of the right to take part in meetings and other events, as well as the opportunity to be elected to management bodies.

In general, at the legislative level, an exclusion from members of the cooperative is formalized, but the procedure for deprivation of housing is not described in detail. Therefore, in case of various disputes, it is necessary to be guided by the norms of the legislation on property, the Constitution and Civil Code.

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These regulations clearly state that if a citizen is deprived of a dwelling for which he made payments, he must be paid full compensation for its value.

The grounds for termination of the exclusion membership are the following facts:

no utility bills and other mandatory payments established by the general meeting;
incomplete payment of share contributions;
periodic or systematic violation of the rules of residence;
non-compliance with the charter of the cooperative, as well as the current legislation on the use of residential premises (for example, renting it out without the consent of the board) does not apply to those who have registered the right of ownership;
non-moving into a dwelling, or a long (more than one year) absence (does not apply to those who have registered ownership).

The procedure for eviction from cooperative houses

Can I be evicted from a co-op apartment? Photo number 5

Consider the question of how eviction from cooperative houses takes place. It occurs according to the following algorithm.

The first step is that the chairman or another member of the cooperative must put the question to general meeting on the exclusion of a citizen from members of a residential multi-apartment cooperative with mandatory eviction from the occupied residential facility (premises).
Members of the cooperative who are present at the general meeting must accept such a proposal by their majority, and all this must be recorded in the minutes.
After that, the expelled citizen is issued a notice stating that he is expelled from the members of this cooperative and must move out of the apartment within the prescribed period. It is not established by law, but according to legal practice, such a period should not be less than two months.
If at the end of two months the citizen has not evicted, then the head of the board of the cooperative files a lawsuit in which he asks to forcibly evict the citizen from the dwelling. After the claim is satisfied, performance list, and the bailiffs begin the process of forced eviction.

Conditions for the demolition of cooperative housing stock

If state or municipal authorities decide to demolish a cooperative apartment building (commissioned or not), then they should proceed as follows:

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a notification is sent to each member of this multi-apartment cooperative, indicating that the house is to be demolished, and after a certain time the person must leave the residential facility (usually two months are given);
further, the issue of providing compensation is resolved, if the house is put into operation, then its market value is given for the residential object, plus the costs associated with moving, if the house is not completed, then share contributions are compensated;
if at the end of the term the person has not left, then the eviction is forced by a court decision, compensation is paid, but the costs of the courts and the execution of the court decision are deducted from it.

It is important to remember that all decisions of the members and the board of the cooperative can be challenged in court.

Cooperative housing has its own legal specifics, which is caused by the fact that a person who decides to become the owner of an apartment in a residential complex first becomes a shareholder, and only after all the mandatory share contributions receives the right to register housing in his property. Prior to registration of ownership of the share, the apartment belongs to the cooperative.

You can find out how to allocate a marital share in a cooperative apartment by watching the video:

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The transaction of purchase and sale of a cooperative apartment is a rather rare occurrence, therefore, it requires a special approach. Let's find out what a co-op apartment really is and how to sell it correctly.

Co-op apartment: what is it?

A cooperative apartment is a collective investment in the construction of a residential building. Such apartments were a trend of the times of the USSR and were distinguished by the fact that participants could enter into a cooperative membership by acquiring shares in a house under construction. The main feature of such apartments is shares, which in modern language mean contributions. Do not confuse cooperative apartment buildings with new buildings. Only future owners invest in the construction of such residential facilities. All expenses are paid by them and the chairman of the cooperative.

How to properly register a cooperative apartment in the property?

In the mid-30s, the first cooperative houses began to appear, where the inhabitants of the country could independently take part in the construction. The main feature was that in order to obtain property rights, it was necessary to make a certain share, established by the chairman of the cooperative. After the collapse of the USSR, the concept of privatization of real estate began to be introduced, and then many owners decided to legalize their rights to housing. To go through this procedure now, you need to collect a complete list of documents:

Certificate or receipt of the paid share in full.
Certificate or document confirming your membership in the cooperative.
Technical or cadastral passport for the apartment.
The charter of the cooperative, which was previously registered with the self-government body. The charter must contain the state seal and signature.
Protocol confirming the position of the head of the cooperative, as well as the elected chief accountant.
A complete list of all members in the cooperative.
Signature of the chief chairman and accountant.
Documents received at the BTI.
Extract from the USRR, or from the house book.

A complete list of documents must be submitted to the local authority of Rosreestr, attaching a passport and a receipt confirming payment of the state duty to the general list. Within the prescribed period, Rosreestr will check all your documents, and if approved, you will receive a certificate of registration of property rights.

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Sale of a cooperative apartment

The sale of an apartment should be carried out when the owner has title documents in his hands and the entire share has been paid. To do this, it is necessary to prepare in advance the necessary list of documents, which confirms the absence of debt in the specified cooperative, and the property itself is checked for legal purity.

What documents are required:

certificate of state registration rights. Can be obtained from Rosreestr;
title documents for the apartment. For example, an extract from the accounting department on payment full cost share. If the apartment was previously sold or inherited by the owner, then it is necessary to provide a contract of sale or an act on the transfer of living space by will;
technical plan from BTI. Prepared within 30 days, including weekends.

When the package of documents is collected, you can start searching for potential customers. To do this, you can use both an independent search, and seek help from a realtor.

Where to find clients:

Place an ad on advertising sites, street banners, in newspapers.
Contact a real estate agency. Select only registered companies that are listed in tax service. To check the agency for legal purity, you can contact tax office, pay a state duty of 300 rubles and get detailed information about the real estate activities of the company.

The main features of the purchase and sale transaction

The main feature of the contract of sale is the absence of special title documents. In many cases, the owner cannot provide a donation agreement or a previously concluded written sale and purchase transaction, so the only document will be a certificate of full payment of all installments for the apartment. In this case, the owner may contain both an extract from the USRR and a certificate of registration of rights. The sale of a cooperative apartment is carried out only through Rosreestr.

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The seller must provide the potential buyer with an extract of the personal account from the housing cooperative, which confirms the absence of debt on public services, as well as information about the owners registered and issued earlier. It is important to remember that, like any contract, a sale and purchase transaction is not carried out without the permission of adult owners (children, parents, spouses, relatives).

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cooperative houses

In February of this year, the State Duma made a proposal to return the Soviet system of cooperative houses, however, with a number of amendments. How will the new housing cooperatives differ from the old ones and whether these changes are really beneficial for ordinary buyers.

To be or not to be cooperatives

About forty years ago, a cooperative "odnushka" in Moscow cost about three thousand rubles, a "kopeck piece" - five thousand rubles. The average salary in the capital was no more than two hundred rubles. Despite the fact that in Soviet times almost every second citizen had savings, only a few could afford to buy real estate. The thing is that at first it was necessary to join the cooperative. Residents of Moscow had to wait for years until their turn came. At the same time, a strict selection was carried out. For example, non-residents could not qualify for inclusion in the list. Those who applied for cooperative housing were excluded from the queue for state apartments.

“Today in our country there are several forms of self-organization of citizens who unite in order to improve their living conditions,” says Alexey Shmonov, CEO of the Move.su real estate portal.

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In our country, there are still many housing cooperatives - a kind of legacy of the USSR. At one time, they tried to abolish them before the HOA, but the owners of real estate did not like this idea. As a result, the amendment made to the law was repealed.

If we talk about a housing savings cooperative, then only citizens can be its members. At the same time, at least 50 people can come forward with the initiative to create an association. All financial transactions are controlled by the Central Bank of the Russian Federation.

Cooperatives: pros and cons

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In September last year, amendments to the law regarding housing cooperatives came into force. The amendments were necessary to simplify the work of housing cooperatives and ensure the financial security of their activities. Thanks to state support, shareholders will pay at least thirty percent cheaper, since they will be provided with land free of charge. Previously, there was a law according to which the site was transferred for development only after payment of 20% of the contributions. Plus, there will be no developer's margin and his costs that appeared during construction. Previously, for the same bank loan, developers were charged a serious percentage, the amount of which was included in the cost of the object.

The main points of organizing a cooperative

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Thus, a cooperative house is already being built in the city of Grodno without attracting concessional loans. The average cost of a square in an object is about 700 rubles.

HOA: basic concepts

If the owners themselves want to take care of management, control costs and carry out renovation work, they can unite in a homeowners association. This is a good alternative to various management companies, which are usually dissatisfied with tenants. Members of the HOA, for example, decide for themselves when it is necessary to carry out repairs and with whom it is better to cooperate. In this case, all costs and tariffs are discussed at the general meeting, the costs are completely transparent and understandable. If, for example, the house decides to rent out the basement, the money received can be spent on major repairs.

The Russian Guild proposed to introduce insurance for real estate transactions.

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Throughout 2017, new rules for the sale of a share in an apartment were in force in Russia.

From the standpoint of the Law "On Cooperation" ZhSK is an association of volunteers, legal entities or individuals who create a legal entity, whose joint activities are based on self-government. As a result of practical actions, a residential building should be built, in which members of the cooperative should receive an apartment.

A resurgence in their popularity can be seen in last years. Developers are attracted by the mechanism for optimizing taxation and attracting personal funds for construction. Many believe that the ownership of a cooperative apartment will avoid some legislative restrictions, protect against financial risks characteristic of modern building pyramids. The charter, registered with the municipal executive authorities, and internal documents regulate the activities of the housing cooperative.
But more often a resident of Russia deals with a residential complex - a housing cooperative, which differs from a housing cooperative in that apartments are bought out by members of the residential complex from construction organizations in ready-made houses. This is beneficial both for the builders who sold the house at once, and not in parts, and for the equity holders who settled in it, gradually paying off the share.

The mechanism of state registration of an apartment

When joining a cooperative, the future homeowner makes an initial contribution determined by the charter - for organizational needs, and then share contributions. If by the time the construction was completed the cost of the cooperative apartment was practically paid, a member of the cooperative, according to the Law on Property adopted in 1990 in the USSR, could receive it in full use. Article 129 of the Housing Code of the Russian Federation and Article 3 of the Federal Law “On Housing Savings Cooperatives” confirmed the right to own housing after the payment of a share contribution.

Until the shareholder receives a certificate of right to residential property in Registration Chamber, he cannot transfer part of his apartment to anyone, donate or sell.

In the event of a sudden death, the problems will also affect the registration of the inheritance.

The collection of certificates, acts and other documents for state registration is a joint work of the board of the cooperative and the shareholder. Contractors must take full responsibility for the commissioning of the house.
Among the documents prepared for the state bureau of registration of property rights, there must be certificates of the occupied living space, which depends on the size of the share contribution. But they are issued by the LCD only if accepted. state enterprises inventory, accounting and evaluation of real estate in operation of the premises of the housing stock of the cooperative.

How to pass the state registration?

In order for the certificate of ownership to be successfully completed, the following documents must be submitted for registration:

certificate of registration of the cooperative as a legal entity;
charter registered with the Construction Committee;
technical documents describing the property, protocols;
a certificate of admission to membership in a housing cooperative, the date of full repayment of share contributions, certified by the seal of the LCD with the signatures of the chairman and chief accountant;
minutes of the general meeting of members of the cooperative, confirming the election of an accountant and chairman of the LCD.

Centrally, the board of the LCD submits to the registration authorities information about the powers of the accountant and the chairman of the LCD and samples of their signatures, the list of members of the cooperative, and seals.

Problems of registration of cooperative property

Quite often, the right of a cooperative member to the paid living space is violated due to late state registration. Despite the fact that the documents submitted for registration confirm the fact of the emergence of property rights, the owner is limited in the right to dispose of property. In addition, he cannot receive property tax deduction according to article 220 tax code Russian Federation, although the share contribution has been paid in full, since there is no document confirming the registration of the right to the apartment he built on shares. In such a case, you will have to go to court with a claim to recognize the legal ownership of the housing cooperative fund on the basis of the full payment of the share contribution and the repayment of its value.
If the cooperative apartment is registered with the Bureau technical inventory many years ago, it is not necessary to re-register in the United state register rights to real estate. If necessary, the previously arisen right, in accordance with the law, will be registered in the USRR and transferred to the acquirer by sale or other transaction.

Is it possible to privatize a cooperative apartment?

For many, it is a misconception that the concept of "privatization" has anything to do with cooperative housing stock. According to the Federal Law “On Privatization of the Housing Stock” dated December 29, 2004 No. 189 FZ, privatization is understood as the transfer of residential premises from the state housing stock in favor of citizens who lived in them on a rental basis. Moreover, all individuals living in the apartment, who were registered in it and lived permanently, are equal in receiving a share in a privatized apartment.
The cooperative apartment initially (at the construction stage) belongs to the LCD as a legal entity. Having paid the last share contribution, a member of the cooperative, as an individual, receives ownership of the cooperative apartment and documents confirming this fact. The area around the house, household and house buildings remain the joint property of the members of the cooperative.

Who should be considered the owner of a cooperative apartment?

Ownership of the paid cooperative apartment is received only by a member of the cooperative. joint, common property cooperative housing is recognized for married spouses at the time of payment of the share. In the event of a divorce, the share in the right to housing is alienated to both spouses. They can formalize the division of joint property through a peace agreement or through the courts. If part of the money was contributed by one of the spouses before marriage, then the share of each during the division of property is calculated based on the amount paid during marriage.
Children living in a cooperative apartment have the right to live in it and are protected from eviction by article 31 of the LC, which makes it almost impossible to evict them. The charter may provide for the possibility of transferring a share of members of the cooperative to other adult members of his family with the issuance of an appropriate document - a protocol on the decision of the general meeting, on the basis of which further actions are taken to enter into the inheritance. But this is possible only with the consent of the other spouse - the co-owner of the apartment.

Rights of the owner of a cooperative apartment

Having received the rights to property, a member of the LCD has the right to transactions related to the alienation of his residential premises. The powers of the owner are limited by the limits that allow the use of this premises, and its purpose.
Article 20 Housing Code for the owner of housing, it is possible to provide it for possession or use by another citizen or legal entity on the basis of a contract of hire, lease or gratuitous use.
A member of the LCD has the right to exchange his residential premises for housing in the same house, belonging to the state housing stock, even if he moves to another locality. The conditions for the exchange are the consent of family members living with the owner of the housing, compliance with the basics of housing legislation and the rules established by the charter of the housing cooperative. In case of failure to obtain consent to the exchange from one of the equity holders, the issue may be considered in court proceedings.
The owners have the right to division of the dwelling upon divorce, provided that it was bought by them during a legal marriage. If an agreement on the division is not reached amicably, the court has the right to determine the procedure for isolating the residential premises on the occupied area or to oblige the uninsulated rooms to be refurbished.

Grounds for termination of membership in the JK

The Housing Code provides for situations when membership in a housing cooperative is terminated.
First of all, joint activities members of the cooperative may be violated by the liquidation of the housing cooperative itself or its legal entity.
Each owner of the cooperative housing stock has the right to voluntarily - on the basis of an application - to leave the LCD. The application is considered at a general meeting in order to determine the future fate of cooperative housing.
After the death of the owner of the apartment, who is a member of the LCD, the rights to inherit the housing stock are transferred to the heirs according to the order of inheritance. Even an heir who lived separately from the testator can receive an inheritance share, if other owners of the apartment agree. The charter provides for the entry of heirs into members of a housing cooperative on the basis of a decision made by the general meeting of members of the LCD.

The procedure for eviction from cooperative houses

The general meeting is authorized to withdraw from the cooperative the owner who grossly violates his obligations and the rules of cohabitation provided for by the charter of the LCD.
From the moment the general meeting makes a decision on eviction, the right to use the apartment expelled from the cooperative is terminated. He and his family members are obliged, according to a legal obligation, to move out of their previously owned housing in the next two months, for which he is given a notification. The shareholder must be paid the amount of his contribution for the apartment in full. The general meeting of shareholders may, by its decision, leave the right to use the vacated apartment to the relatives of the excluded shareholder.

In case of disagreement of the excluded shareholder with the decision of the meeting, his oral or written refusal, the cooperative has the right to apply to the court with a claim for eviction this person and members of his family. Other residential premises are not provided to violators of the law after the satisfaction of the claim and eviction.

Conditions for the demolition of cooperative housing stock

The Housing Code of the Russian Federation provides for situations related to the demolition of housing built on the basis of cooperative ownership. The procedure for the resettlement of members of a housing cooperative in the event of the demolition of their housing is regulated by Articles 134, 32 and 86. Members of the cooperative are provided with housing in accordance with the amount of contributions made for housing.

The fact is that housing cooperatives have internal documents, a charter, which can determine different conditions and procedures for share contributions. This can create a situation where, by the time the building is demolished, some members of the cooperative have contributed money to in full, others continue to pay them to the cooperative in installments. In the first case, homeowners are provided, in accordance with Article 32 of the Code, according to the rules that exist for homeowners. Those who fully paid the cost of housing, according to the contracts social recruitment receive other premises (Article 86 of the LC RF).
The law provides for the possibility of withdrawing a dwelling from the owners with subsequent redemption, subject to their consent. Such a transaction is envisaged in connection with the need for the use of this particular land plot by the constituent entities of the Russian Federation, municipalities.

The bodies that have made such a decision are obliged, a year before the withdrawal, to hand over the documents notifying the owner of the cooperative housing about the state registration of the decision. Time is given for it to be determined by way of agreement with the costs that determine the cost of redemption housing. Redemption price includes market value housing, losses caused by a change of housing or moving, provides for the repayment of lost profits.

A housing cooperative (HC) is a constituent organization that brings together citizens for the purpose of acquiring and jointly operating the areas of an apartment building.

The organization exists at the expense of membership fees of citizens, from which mutual settlements are made for the construction of a low-rise or high-rise building, as well as for all processes that require financial investments.

Financial support of a legal entity through investment by residents is the main condition for the existence of a residential complex.

In modern conditions, this is a common and quite attractive way for citizens to purchase real estate. Unlike participation in shared construction (see Law on Equity Participation in Construction 214-FZ), members of a cooperative regulate the activities of the developer.

In this case, the developer works for the institution on a contract basis, reporting to the board as to the customer and the employer financing the project.

Types of housing cooperatives

This type of right allowed the possession of property even in the Soviet Union, and there were no analogues to it. At present, its uniqueness has been lost against the background of equity participation in construction, privatization, and mortgage lending.

ZhK and ZhSK (housing construction cooperative) differ in the degree of emergence of legal relations that begin at the construction stage, as in the case of housing cooperatives, or allow entry into membership after the construction of the house, and even after settlement, transferring empty premises to newcomers.
Consumer organization of management of an apartment building - a way of managing a cooperative, arises as a legal entity after putting the house into operation.
ZhNK - housing savings cooperative. It provides for the admissibility of obtaining apartments of your choice from several houses included in the association.

This is an acceptable and legal aspect, which does not give guarantees to citizens who invest in construction, knowingly calculate financial investments in the building being erected.

Other types of organizations do not contain such a requirement.

The costs of maintaining and operating the house are also divided in equal shares, but at the stage of providing apartments, the price increase is frozen.

The procedure for establishing a housing cooperative

The legal entity of the founder is considered to be active:

after registration of constituent documents;
entering information into the Unified Register.

The constituent organization is formed according to the type of LLC, OJSC, NPO - depending on the goals and objectives of its representatives.

While not receiving a large profit from the sale of apartments, they manage to earn money by renting the lower floors, subleasing the parking area and ennobled adjacent territory.

The NPO is not focused on making a profit from the organization of the ZhNK. Its goal is to provide citizens with housing on acceptable terms. For the most part, the founders are the initiators who themselves need to improve their living conditions. They apply for entry into the board and organization of the rules of the hostel.

Having completed the registration, the organization becomes registered with the tax authority, the pension fund, the social insurance fund, after which its powers are limited only by legislative regulations and acts.

The following must be submitted to the tax authority:

an extract of registration in the USRR;
protocol of establishment of the organization;
approved charter;
information about the legal address.

Housing cooperative management

The organization of a residential complex does not require the involvement of a management company, but it allows such an option.

If the managers are in charge of more than one high-rise building, but several, the board has the right to expand powers by introducing an appropriate provision into the charter.

It indicates the grounds that require the creation of an independent organization in order to manage the property of the house and maintain it in the proper form:

building;
common areas;
area adjacent to the house.

The board is elected by the meeting of the members of the cooperative, and a chairman is elected from among them. He recruits a staff that corresponds to the status:

limited by the powers of management of the LCD;
assigned to a management company.

The staff list is approved by the meeting of residents, with the approval of employment and the established salary.

The following vacancies are allowed:

chairman;
accountant and (or) chief accountant;
passport officer;
electrician and plumber;
janitor and cleaner.

In addition to the chairman, other members of the board are activists and participate in organizing the activities of the cooperative free of charge.

They establish and maintain feedback, initiating innovations or building renovations and repairs.

Rules for joining and obtaining membership in a housing cooperative

Joining a cooperative is a legal procedure. Unlike apartments in a new building with the rights of a participant in the DDU, a permit from the residents will be required here.

Its size depends on:

From the payments of the previous owner, if the apartment is bought.
From the size established for those entering the LCD, adopted at the meeting, reflected in the statutory documents.

Membership refers to the legal status of an individual who has acquired the right to dispose of property, based on the joint legal ownership of the house. Since the type of ownership is joint, it is required to coordinate the types of responsible attitude to material property on the territory of the building and in the yard.

The organization is required to maintain a unified register of members of the cooperative, with the registration of their arrival and departure.

Rights and obligations of members of a housing cooperative

Membership in a cooperative gives a person the rights to:

Dispose of property, participate in resolving issues of financing activities, acquiring premises for individual use.
Elect the board, be elected and choose activities in the management of the joint property of the house.
Participate in the decision-making of the meeting, gaining the right to vote in relation to the processes of managing the organization, reconstruction and operation of the building.
To use the provided benefits, in the presence of income - to participate in their distribution.
Receive information about the activities of the board in the form provided for by the regulations.
Sell, donate, exchange real estate, with the consent of the meeting.
Claim the paid-out share funds upon withdrawal from it.
Leave as an inheritance or bequeathed.

He is charged with responsibility for:

Follow the rules set by the charter. Execute the orders adopted by the meeting.
Make contributions and other payments required by the charter or decision of the meeting for the development of the legal entity.
Be financially responsible for the building, adjacent territory and shared areas.
Bear the risks associated with unforeseen situations within the limits of accumulation.

Share payout

Contributions made to the account of the LCD are called share. They are paid at the time of entry and continue to be paid in the amounts set in the direction of the participants.

Establishing the amount of share payments depends on the provisions made in the charter, based on legislative regulations and the needs of the organization.

When transferring an apartment as a result of a property transaction or on other grounds, the paid share contribution is returned in full. For residential complexes, it is replenished as a result of the sale of the apartment financed by the new owner.

Until the full redemption of the value of the share, the apartments are the property of the founders and are managed by the legal entity.

Laws on housing cooperatives

The activities of the LCD are regulated by numerous legislative acts and provisions. The main one is the federal law dated June 23, 2008 under No. 160-FZ, regulating the activities of housing cooperatives.

These include aspects of the Civil and Housing Codes of the Russian Federation:
Provisions confirming the status of a legal entity (clause 1, article 53 of the Civil Code of the Russian Federation).
Designation of management standards (Article 115, part 2 of Article 116 of the LC RF).
Granting of membership and exclusion (part 2 of article 121, part 3 of article 130 of the LC RF).
Regulations on the election of the board and chairman (part 1 of article 118, part 1 of article 119).
On the Audit Commission (Part 2, Article 120 of the LC RF).
Making and returning share contributions (Article 125 of the LC RF).
Imposition of liability for damage to joint property (clause 3, article 10, clause 3, article 53 of the Civil Code of the Russian Federation).
Exclusion and deprivation of membership (Article 132 of the LC RF).

Pros and cons of joining a housing cooperative

The positive moments are determined, for the most part, by the acceptable cost of the apartment, which follows from a relatively low interest rate - 0.5% per annum of the value of the object.

But citizens join housing cooperatives on the basis of undoubted advantages:

Participants have the right to request reporting and other information about the work being carried out, which is limited under DDU.
By decision of the board, it is permissible to refuse the services of a general contractor.
The developer fulfills the requirements established by the charter, which allows for the utmost clarity in the organization of construction.
Unlike DDU, repayment of payments is made in frequent, but not so large amounts. Unlike apartments in a mortgage - the interest rate is much lower.

The conditions of joint ownership, provided only by part of the rights in a high-rise building, should not be considered unambiguously, since there are equally positive and negative points here.

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Housing and construction cooperative (HCC) - what is it, what does a cooperative house mean, pros and cons

How to create a housing cooperative

You can create a building cooperative yourself. To do this, you need to assemble an initiative group, distribute responsibilities and follow a simple algorithm of actions.

To create an HSC, you need:

🔸 prepare the charter of the housing cooperative, development plan, assemble an initiative group;

🔸 hold a meeting among initiative group, make a decision on the creation of a housing cooperative and record it;

🔸 register a housing cooperative as a legal entity - for this you need to provide the Federal Tax Service with a receipt for payment of state duty, minutes of the meeting, charter and other constituent documents.

In addition to the basic documents, you will need to provide an application for registration.

Important: you need to register the housing cooperative at its location. The Federal Tax Service will register a legal entity within 3 days.

Particular attention should be paid to the charter. Article 116 of the Civil Code of the Russian Federation and Article 112 of the Civil Code of the Russian Federation impose special requirements on him. By law, the charter must contain the following information:

📝 the legal name of the organization, which must contain the word "cooperative";

📝 the exact address of the housing cooperative;

📝 information about what the cooperative does and what goals it sets for itself;

📝 the exact procedure for joining the housing cooperative, which will be followed by everyone who wants to join it;

📝 the size of entrance and share contributions;

📝 payment procedure - for example, during what time and to what details new members of the housing cooperative must deposit money;

📝 the procedure for leaving the housing cooperative and payment of a share contribution, other payments due in this case;

📝 responsibility for non-payment of contributions;

📝 the composition of the management of the housing cooperative and its competence - for example, what decisions can the management make without a meeting;

📝 the composition and competence of the company that controls the activities of the cooperative;

📝 the procedure for making decisions, including in cases where they are taken unanimously or by a majority of votes;

📝 the procedure for compensating for losses incurred in the course of activities by members of the cooperative;

📝 the procedure for reorganization, liquidation or subsequent transformation into an HOA.

You can add your own clauses to the charter that do not contradict the requirements of the law.

It is very important to develop a competent charter. Because if you do not highlight one of the issues, you can suffer serious losses.

From July 1, 2016, after registration, all housing cooperatives are required to post a number of documents in the public domain. These include:

📗 settlement documentation;

📗 documents confirming the housing cooperative's right to land;

📗 conclusions of the auditor of the housing cooperative.

After creation, you also need to select an auditor for a period of not more than 3 years. The Audit Commission will conduct scheduled audits, report on the budget to the members of the housing cooperative, and generate reports on its activities. The procedure for the work of the audit commission should be prescribed in the charter of the housing cooperative.

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A housing-construction cooperative, with the exception of housing-construction cooperatives, the creation of which is provided for by the Federal Law of July 24, 2008 N 161-ФЗ “On Assistance to the Development of Housing Construction”, is not entitled to simultaneously construct more than one apartment building with more than three floors ( Clause 3, Article 110 of the LC RF)”.

This form of construction and sale of apartments is gaining momentum along with the Equity Participation Agreement (DDU), which is the most popular form of building construction.

The scheme of work of the HSC is as follows: construction firm organizes a cooperative with which it concludes investment agreement. The purpose of such a formation is the construction of an apartment building and its commissioning by members of the cooperative by attracting shareholders.

The decree of the Central Committee in 1958, with a significant increase in the population in the post-war years, again brought the housing cooperative to life.

Acquisition of housing through housing cooperatives was practically the only possible option to obtain an apartment in ownership before the start of privatization of residential real estate.

Even despite the high cost of this method, it was in high demand among the population.

Legislative regulation of the activities of housing cooperatives is carried out by the Civil Code of the Russian Federation (Article 116 "Consumer Cooperative"), as well as the Housing Code of the Russian Federation (fifth section "Housing and housing construction cooperatives"). The probability of using it as a fundraiser for construction is established by Federal Law 214 “On participation in shared construction”, where it is determined that it can be used to purchase housing on an equal footing with DDU (equity agreement).

Buying an apartment in a cooperative house pros and cons

ZhNK, based on your capabilities, calculates the term for accumulating the first half of the amount, and you fix this in the contract. But behind the seeming freedom of choice lies a trap - the rate of repayment of the loan will completely depend on the rate of accumulation you choose.

The fact is that according to the Law on Housing Savings Cooperatives, the period for repaying the remaining amount (loan) should not exceed one and a half times the period for accumulating the first half of the cost of housing.
So calculate for yourself: if you pay the first 50 percent of the cost of an apartment in two years, then you will have to return the rest in three.

It turns out that the longer you save money on the accounts of the cooperative, the longer your return period will be.

This is an entry fee. This money goes to own needs of the cooperative and will not be counted towards the payment for the future apartment.

In addition, upon entry, you will also need to make the first share contribution. This money is already included in the cost of the purchased housing (that is, it goes to your savings account).

Shares must be paid monthly.

Of such monthly payments and will add up the amount needed to buy an apartment. Moreover, the cooperative provides the shareholder with an apartment only when there is about 50 percent of its value on his savings account.

It is worth noting that the 50% barrier for allocating an apartment is not strict: a more accurate one, as a rule, is specified in internal documents cooperative (charter, minutes of meetings).

You determine the amount of monthly share payments yourself.

The formation of an HOA is possible only after the registration of ownership of apartments, which usually takes quite a long time. During this time, the apartment building remains without management. The advantages of the housing cooperative in the event of its bankruptcy and insolvency

This refers to the fact that in case of bankruptcy of the developer who created the housing cooperative, its participants can complete the construction of the object with a new contractor. When buying an apartment under DDU in case of ruin construction company buyers will have to claim their apartments as part of the developer's insolvency process.

Another way is to create a housing cooperative from scratch and apply to the authorities to transfer the unfinished house to the balance of the cooperative.

Zhsk as a scheme for buying an apartment

Advantages of buying through the housing cooperative:

Prices for apartments transferred by housing cooperatives are lower. Unlike DDU, the developer does not include 18% VAT in the price of the apartment
The housing cooperative allows you to move into an apartment and continue to pay for it within the framework of the installment plan (in the DDU, the installment plan is provided only until the end of construction)
With a housing cooperative, it is much easier to arrange an apartment, since it is not necessary to register it in the USRR
There is an opportunity to take part in the management of an apartment building after construction is completed
Architectural projects are more diverse than in construction according to DDU
Often the infrastructure is already sufficiently developed at the construction site

Summary: as for the housing cooperative, and for the DDU, there may be delays in the completion of construction.

Before signing the contract, make sure that:

Members of the cooperative have approved your candidacy to join the association.
The previous shareholder made timely payments for housing and together with the contract he does not transfer fines and penalties to you.

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○ Registration of ownership of the apartment.

After paying the cost of the apartment in full, the shareholder becomes the owner of the living space legally.

“A member of a housing, housing-construction, dacha, garage or other consumer cooperative, other persons entitled to share savings, who have fully paid their share contribution for an apartment, dacha, garage, other premises provided to these persons by the cooperative, acquire ownership of the said property (clause 4 of Art.

And vice versa, in an effort to get housing faster, the shareholder will have to make share contributions more intensively not only at the accumulative, but also at the settlement stage.

In this case, the cumulative stage will have to go through in any case, even if you already have 50 percent of the cost of the apartment.

Otherwise, you will have to return the remaining amount immediately after the provision of the apartment.

After about half of the value of the desired housing has been accumulated with the help of share contributions, the cooperative adds the remaining part and provides the member of the WNC with an apartment. After that, the amount of share contributions is adjusted, because the actual cost of the apartment, as a rule, differs from the planned one.
The change in the amount of contributions is fixed in the contract, and the new settler repays the remaining amount of the share.

In addition to the entrance and share fees, the shareholder will also have to pay membership (or administrative) fees.

The main difference of this form of education is that the members of the housing cooperative are involved not only in the construction of the building, but also in its subsequent operation.

“Members of a housing construction cooperative participate with their own funds in the construction, reconstruction and subsequent maintenance of an apartment building. Housing and construction cooperative in accordance with the legislation on urban planning activities acts as a developer and provides on his property land plot construction, reconstruction of an apartment building in accordance with a building permit issued to such a cooperative.

People are afraid of high rates for using a loan, the obligation to have 20-30 percent of the cost of housing at their personal disposal, as well as red tape with the collection of documents for the bank.

Housing savings cooperatives do not require any of this. The first difference between buying a home through the ZHNK and a mortgage, which catches the eye of everyone, is the huge difference in interest rates for using a loan.
So, for example, when mortgage lending the average rate for using a loan is 11-13 percent per year.

And housing cooperatives offer 2-4 percent. Perhaps that is why many people have the feeling that they are being deceived, because free cheese is only found in a mousetrap.

In fact, there is no deception here: just low interest- this is the main plus of buying an apartment through ZhNK.

Flaws

In addition to the above-mentioned advantages of a housing-construction cooperative, this mechanism has serious disadvantages:

a transaction for the purchase of an apartment through a housing cooperative is not subject to mandatory state registration, unlike a DDU, which increases the risk of double sales of real estate;
the impossibility of holding the housing cooperative liable in case of failure to meet construction deadlines or discovered deficiencies after the house was put into operation;
it is impossible to specify the exact cost of the apartment and register it in the contract;
insufficient legislative regulation of the scheme for selling apartments with the help of housing cooperatives, which are regulated by the provisions of the Housing Code and the norms of the Civil Code of the Russian Federation, and not by the provisions of 214-FZ.

In general, housing cooperatives as a mechanism for buying apartments in new buildings are becoming increasingly popular.

A little over a year ago I bought an apartment in a cooperative building. I also thought for a long time, but now I don’t notice much difference. There are pros and cons, but now I'm used to them.

The main disadvantage is the chairman, the head of the house, and so on. Such “shvonders” are pensioners of the old school, who quietly hate you simply because you appeared here and bought an apartment. But in fact, this is not necessary once in a while - there are cooperatives where everything is normal in this regard, and if you build them, then gradually they get used to you and begin to take it for granted.

All benefits are valid - I have them, really. no, but they remain the same as in ordinary houses.

To pay for an apartment - not in the housing department, but in the savings bank, the local accountant calculates.

The fact that houses are cleaner is not a fact. I have never seen a technical service, but they say that it happens once a week, so it is already dirty by the weekend.

pravogarant23.ru

advantages and disadvantages. Federal Law “On Housing Savings Cooperatives”, N 215-FZ of December 30, 2004:: SYL.ru

Buying a home for many people is considered a specific and complex process. Often they simply do not have the funds for such an acquisition. Under such conditions, people are often forced to take out a mortgage for a sufficiently long period of time at high interest rates. An excellent alternative is to join a housing savings cooperative. This organization is created by citizens who want to build an apartment building or several similar buildings. Each contributor transfers during a certain period the necessary amount of funds for the purchase of an apartment. Joining such a cooperative has many advantages, although the process is not without some disadvantages.

Benefits of cooperation

If a citizen chooses a housing cooperative to buy housing, then he can really enjoy numerous advantages. These include the following:

contributions in size are much less than in the end you have to overpay for mortgage loan, and even under the condition of concessional lending;
shareholders can choose an apartment in different houses, not only in those located in the city, but also in buildings located in other settlements;
to join a cooperative, it is not required to prepare numerous documentation, which is necessary when applying for a large mortgage loan;
the level of protection is considered high, therefore, even if the cooperative is declared bankrupt for various reasons, the housing will be sold at specialized auctions, where shareholders can buy it out, taking into account the previously transferred contributions;
the flexibility of such cooperatives is considered high, since if, for various reasons, the financial situation shareholder, so he will not be able to fully make contributions, then the heads of the enterprise can help the citizen by selling him other real estate;
additionally in case of deterioration financial condition the shareholder may increase the installment period;
cooperatives do not apply to the Central Bank to obtain borrowed money, since only the money of shareholders is used, therefore payments are set without taking into account the current size of the refinancing rate.

Thus, due to such a cooperative, citizens can solve complex housing issue. But at the same time, it is important to correctly approach the choice of the organization itself so that it is reliable and proven.

Cons of cooperation

Using the services of the organization has not only advantages. Some significant disadvantages of this process are highlighted, so buying a home at the expense of a cooperative has disadvantages:

the selected residential facility will become the property of the citizen only after all contributions have been fully transferred to them;
if for some reason the financial situation of the shareholder worsens, so he will not be able to make the due payments, then he will not receive housing;
for the initial entry into the organization, it is necessary to pay an initial contribution, and it is usually significant, therefore it often amounts to even 50% of the cost of the selected object, but not all citizens can accumulate such an amount;
it will take a long time to wait for the completion of construction and settlement in housing, and this process depends on how many shareholders join the cooperative.

You should choose large and developed organizations that are in demand among numerous shareholders.

ZHNK has significant pros and cons, so it is advisable to become a shareholder if you have large sum funds, and also with confidence that the selected organization is reliable. In addition, much attention should be paid to the choice of housing itself, since cooperatives usually offer several options.

Before joining a certain organization, you should study its reputation. It is optimal to read reviews about housing savings cooperatives from former equity holders in order to learn about all the pitfalls and features of cooperation.

Legislative regulation

The activities of such cooperatives are regulated at the legislative level. Basic information is contained in the Federal Law No. 215. This law was adopted in 2004. It spells out legal framework the work of the enterprise, as well as the economic and organizational aspects of the activity.

The most important information in Federal Law No. 215 is the following:

the rights and obligations that are vested in all citizens who become members of the cooperative are given;
the procedure and rules for opening an organization are indicated;
lists the nuances of the liquidation of the ZhNK and the reorganization of the institution;
it is prescribed how the activities of the cooperative should be conducted, as well as how the funds received from the shareholders should be used.

All cooperatives should be engaged exclusively in the work that is prescribed by law. Housing savings cooperatives are created for an indefinite period, so there is no information about restrictions in the period of their existence. The organization is responsible for its obligations with all the property that belongs to it, but the company is not liable for the obligations of its participants. Based on the provisions of Federal Law No. 215, enterprises are allowed to open bank accounts. Additionally, there should be registers for each participant.

What is included in the register?

When opening a cooperative, new shareholders are attracted. A special register is formed for each new participant. It must include the following information:

FULL NAME. a new member of the organization;
information from a passport or other document with the help of which a citizen's identity is verified;
phone number or other contact details;
other information that is listed in the charter.

The main condition for the creation of a housing savings cooperative is that the number of participants must be equal to 50.

How is an organization registered?

The process of registering a cooperative is considered simple and fast. For this, the following steps are performed:

initially, it is required to collect the required number of participants in the future cooperative who wish to receive their housing for permanent residence;
a general meeting is held at which a decision is made to open a company;
the protocol of such a decision is correctly formed, containing the decision of the participants;
the charter of the future organization is formed;
collecting additional documents for registration;
papers are transferred to the Federal Tax Service for registration, for which you will have to pay a fee;
relevant information is entered into the Unified State Register of Legal Entities.

As soon as registration is completed, the company begins its direct activities aimed at creating apartments that are issued to equity holders after the payment of the entire contribution. It is allowed to combine several small cooperatives into one large company.

How to create a charter?

The main constituent document of such an organization is the charter. It can be formed according to different samples. The charter of a housing savings cooperative must include the following information:

the name of the legal entity represented by the cooperative;
type of activity of the enterprise;
company location address;
contact details of ZhNK;
the size of the share initial contribution for all participants;
duties assigned to all members of the association;
It is stated that all citizens have subsidiary liability, therefore they are obliged to jointly cover all losses arising in the course of the enterprise's operation.

You can choose different legal forms, for example, LLC or OJSC. For this, it is taken into account whether the activity is commercial or non-commercial.

Commercial or non-commercial cooperative?

The most frequently chosen opening commercial organization. The board of the cooperative carries out activities for the purpose of making a profit. All investors can use their financial resources, which are directed to the construction of a residential facility.

As soon as an apartment building is erected, auctions are opened at which residential premises are sold, which makes it possible to partially reimburse all costs incurred. The lower floors are rented out, and it is this activity that in most cases brings the highest profit. Additionally, parking lots or the territory adjacent to the house can be subleased.

A non-profit housing and savings cooperative may also be opened. The work of such a company is not aimed at making a profit, so the main goal is to provide all participants with optimal living quarters for living. Through participation in such an association, the housing issue of citizens is solved. Only people in need of housing become participants. They are usually the initiators of the creation of a cooperative, therefore they are represented by members of the board.

What to do after registration?

As soon as the registration certificate is received from the Federal Tax Service, it is required to additionally notify the Pension Fund and other state funds about this.

For settlements with participants, a bank account is opened. A direct collection of funds begins, which are then directed to the purchase or construction of residential buildings.

How is the cooperative managed?

If necessary, the appropriate management company may be involved for management.

A board is necessarily organized to manage the cooperative. A chairman is elected from among the members of the board. He is endowed with numerous powers. The chairman of the cooperative is engaged in hiring workers in the state.

In the organization, in addition to the chairman, an accountant and a passport officer, as well as technical staff, should be employed. Residents of one house can additionally decide to allocate a rate to a concierge or an attendant. The organization draws up an agreement with the private security company to organize the protection of the facility.

All other members of the cooperative can act actively even if there is a chairman. They regularly take part in meetings, and also organize the activities of the enterprise on a gratuitous basis. They can make a decision regarding the need for reconstruction of the structure or the repair of the building.

Entry rules

Many people realize the value and profitability of acquiring housing with the help of such savings cooperatives. To become a member of a cooperative, it is required to carry out a rather complicated legal procedure. This requires permission from other participants.

According to the Federal Law on housing savings cooperatives, to join such an organization, the following actions are performed:

Initially, an application for joining the association is formed;
it is submitted to the chairman, after which this document considered by members of the cooperative;
it is allowed to accept into the organization any citizen whose age is more than 16 years old, but minors must certify their application with their parents or guardians;
a person wishing to become a member of the association must study all the provisions of the charter, and he is also notified of the amount of the initial contribution;
then the approval process is carried out, for which a meeting of residents is held;
each participant can speak about the need to admit a new member;
a vote is held, the results of which decide whether the applicant will be accepted into the cooperative, and an open vote is required;
the result of this vote is fixed by a special act, after which a protocol is formed;
the drawn up documents are stored at the enterprise for five years, since it is on the basis of them that it is proved that a new member of the organization can register property and deposit various funds into the account of the organization.

As soon as the applicant becomes a member of the cooperative, he receives the right to dispose of the property owned by the company. This is due to the fact that he, together with other tenants, becomes the owner of the house. Since a joint form of ownership is used, each person must responsibly use the property and the surrounding area. Additionally, it is required to maintain a register of each member of the cooperative, where the arrival and departure of citizens will be recorded.

What are the rights and obligations of the members of the organization?

When creating such an association, all members are endowed with certain rights and obligations, which citizens should be aware of. The main rights are:

management of common property;
participation in meetings to resolve numerous issues related to buildings;
the purchase of housing for personal use, for which the full amount of the contribution is required;
selection of members of the cooperative, members of the board;
engaging in various activities aimed at managing common property;
the right to vote, allowing to manage the association;
resolving issues regarding the need for repair or reconstruction of the building;
the use of various benefits provided for by the statutory documentation;
distribution of income received as a result of the activities of the association;
obtaining information about the results of the enterprise;
sale, donation, exchange or inheritance of property, if it belongs to a citizen by right of ownership;
if a person leaves the cooperative, then he can demand the return of his funds paid in the form of contributions;
well-designed residential facilities are inherited.

But at the same time, each member of the cooperative has certain responsibilities. These include the fact that they must follow all the rules listed in the statutory documentation. All orders adopted at the meeting are binding. All contributions are paid without fail, the amounts of which are prescribed in the charter. Each participant is financially responsible for the construction, as well as for other common objects or the adjacent territory. If unforeseen situations arise, then all members of the cooperative bear risks within the limits of available savings.

How is the share paid?

All contributions that are made to the account of the association are shares. Features of housing savings cooperatives are that a participant can become the owner of a residential facility only after the final payment of this share.

Upon initial entry into the association, it is necessary to transfer the entrance fee to the cooperative, and often its size is equal to half the cost of the apartment. Further, additional share payments are made periodically until the entire cost of the object is transferred to the company.

The size of the share is set at the opening of the enterprise, after which this information included in the founding documents. Until the share is redeemed, the organization acts as the owner of the apartment, so it can dispose of and use it.

Thus, housing cooperatives are considered to be in demand organizations whose activities are regulated by the provisions of Federal Law No. 215. The acquisition of apartments with the help of such associations has many undeniable advantages, although such a solution also has some disadvantages. Each person planning to purchase real estate in this way should carefully evaluate all the nuances of this process. It takes into account the need to immediately make an initial contribution when joining a cooperative, which is usually equal to half the cost of the apartment.

www.syl.ru

Buying an apartment in a cooperative house pros and cons

Monthly loan repayment installments Loan repayment period within a period one and a half times more than the period of accumulation of the first (from 2 to 20 years) half of the cost of housing stipulated in the agreement------------ ---

Housing cooperatives play by new rules

Almost everyone knows what a mortgage is. But at the word “cooperative”, many people remember the times of perestroika, when almost every Russian tried to buy or build something on a collective basis. Now the principles and methods of work of housing cooperatives have changed, although this happened not so long ago, only a year ago, legislators finally clearly regulated the activities of such organizations.

Prior to this, all housing cooperatives worked within the framework of one scheme, that is, on the basis of Art. 116 of the Civil Code of the Russian Federation and its own charter.

It is important to note that all members of the housing cooperative are involved in the construction, subsequent reconstruction and maintenance of the house with their own funds. The cooperative may include legal entities, as well as citizens over 16 years of age.

Pros and cons of housing cooperatives when buying an apartment

Advantages

The convenience of the housing cooperative mechanism for homebuyers is as follows:

Provision of a long-term installment plan for paying the cost of an apartment

The developer offers a flexible payment system in the form of installments, since the payment of share contributions is carried out within several years after the construction completion stage.

Transfer of rights to manage the house to the housing cooperative after construction is completed

Persons purchasing an apartment under the DDU, after the completion of construction, create an HOA (homeowners association), which will take over the functions of managing the house.

Buying an apartment in a cooperative house pros and cons

Certificate from the housing cooperative, indicating full repayment financial obligations before the developer, is a title document on the basis of which the cadastral registration of property is carried out.