Are you unhappy with the work of the management company on whose balance sheet your apartment building is located? Then you need to figure out how you can create an HOA.

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What to consider and what order to follow in 2020? Interested in how to create an HOA in apartment building to an individual?

If you follow the procedure established by legislative acts, the process will not be difficult. Let's consider who has the right to create a partnership and what is needed for this.

What you need to know

Owners of premises in an apartment building have the right to independently decide which governing body is most suitable for them.

Usually houses are on the balance sheet. But citizens can also initiate the creation of an HOA. What is it?

Basic moments

HOA is a homeowners' association (HOA), which is a non-profit enterprise. An HOA is created by apartment owners.

Purpose - collective management property objects in the house, use of common property within the law.

Since the HOA is not commercial organization, it is worth relying on the standards established.

How to create a HOA in an apartment building according to the Housing Code

A protocol must be prepared at the meeting, which is signed by all owners of the premises who cast their vote.

The following have the right to create an organization:

1. Owners of apartments in several buildings, if the number of apartments is no more than 30.
2. Owners of premises in houses located on lands that have a common border in the cadastre.
3. Owners of the premises of such houses that have a common infrastructure.

You can create a partnership in any house. But there must be at least 2 owners of premises in the house.

Required package of documents

The following documents are required:

• charter of the partnership;
• a certificate confirming that the HOA is included in the state register of legal entities;
• certificates that confirm registration with the tax service;
• certificates of land use;
• notifications to the policyholder in off-budget fund Pension Fund and Social Insurance Fund;
• letters stating that the codes OKPO, SOOGU, OKONH, etc. have been assigned;
• seal, corner stamp;
• passports of households, buildings;
• checkbook;
• elevator passports;
• protocol drawn up on general meeting;
• minutes of the meeting of the board of the partnership;
• list of organization members;
• financial and accounting documents;
• - house schemes utility networks, layouts);
• HOA correspondence.

Step-by-step instruction

So, how to create an HOA in an apartment building, the law establishes clear requirements. When creating an HOA, you should adhere to the legislation (Article 136 of the Housing Code) so that the interests of the owners of the premises are not affected.

Let's look at how a partnership is created. First, information about each owner is collected and a general meeting is organized.

Video: system error in the management of an apartment building

All information about apartments can be found in the BTI, and about living citizens - in the Main Directorate of the Federal Registration Service.

A meeting is organized, the initiator of which can be the owner of the premises in the house.

If a meeting is held without preliminary preparation, then you should be prepared for negative results. Availability is desirable initiative group for the preparation of such meetings.

It is worth noting that rarely does anyone want to become an initiator, because certain knowledge and experience are needed.

The initiative group writes a notice that is sent to all apartment owners. It is agreed upon when and where the meeting will take place, who initiated it, and what issues will be considered.

Issues cannot be brought up for discussion at a general meeting if they are not mentioned on the agenda.

If one apartment is owned by several persons, the notice is given to each person. If there is non-residential premises(shop, office), its owner should also be notified.

The notification can be sent by mail, or handed over against signature. Notice is given 10 days before the day the meeting will be held ().

Owners, when attending the general meeting, must also have a certificate that confirms their ownership rights.

The next stage is holding a meeting. The results are also summed up and a decision is made whether to create an HOA. Residents must make decisions on the issues listed on the agenda ().

It reflects the following data:

• date, time and place where the meeting was held;
• information about each owner-participant;
• the result of voting on each issue included in the agenda;
• data about citizens who counted votes;
• information about citizens who were against the formation of a HOA, and decided to make entries about this in the document.

The initiators must prepare 2 samples of the protocol, which are certified by a notary. Next, the protocol and other certificates are transferred to the tax service.

An acceptance certificate is drawn up and a package of documents for the building is attached. They rely on .

After the house is transferred to the balance sheet of the HOA, the premises will not be changed.

When the house is accepted, a notification is sent to the Property Management Committee or other authorized body.

Holding a meeting

The agenda includes the following issues:

• selection of counting commissions;
• choosing a building management option - HOA;
• definition of the charter;
• selection of the board and chairman;
• selection of the commission that will conduct the audit;

The meeting can be held in the following forms:

• full-time, when all premises owners are present and cast their votes;
• in absentia, if a survey is conducted;
• part-time ().

For example, the owner three-room apartment will have more votes than the owner of a one-room apartment.

Although in legislative acts There are no clear rules regarding voting procedures. Such issues are resolved by the members themselves.

• one person - one vote;
• the number of votes is determined depending on how many premises are owned;
• other options that the owners prefer.

The results must be recorded. If carried out absentee voting, all certificates containing the decision must be handed over to a person who is authorized to check the data and draw up protocols.

The initiator of the meeting must post information about the decision and voting results in those places determined by the meeting. This could be an information board on the door.

It is expected that a notice of such voting and a ballot will be handed over to everyone against signature. Each owner must vote independently.

Owners have the right to register or transfer votes to other citizens.

If the apartment is not privatized, the ballot must be filled out by a local government employee.

Registration of an organization

To register an HOA, the documents required are submitted. The procedure is considered completed when an entry is made in the Unified State Register of Legal Entities.

The organization must be registered by a person who is vested with the appropriate powers and who are mentioned in the protocol.

It is important to include in the document information not about all owners, but only about members of the HOA board.

The tax authority's decision to register a legal entity will be made within 5 days after all necessary certificates are provided.

Then a certificate of completion of the procedure and registration with the tax service will be issued.

After registering the HOA, apartment owners can enter into agreements with the supplier, who will be responsible for repairs, etc.

It will also be possible to charge payments for premises provided to owners, tenants, and tenants.

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

HOA and TSN: what is the difference

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

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

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

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

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

Charter and obligations of TSN

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

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

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

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

Conditions for creating TSN

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

A homeowners' association can be created:

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

A homeowners association is a legal entity from the moment of its state registration. State registration property owners association carried out in accordance with the legislation on state registration legal entities.

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

In certain cases, residents apartment buildings who are tired of the inaction or banal incompetence of management companies, prefer to organize a homeowners' association (HOA). Thus, they take control over the quality of life in this house and can independently solve some problems related to housing and communal services.

Goals of creating an HOA

The reasons why homeowners' associations are formed vary. Most often, the need to form an HOA arises when residents apartment building dissatisfied with the quality of work of the management company. And this may apply not only to the services provided, but also to work with clients.

For example, if periodic power outages occur, this is a problem, but it can be solved by management company employees. But if the latter refuse to fulfill their obligations, this is already a serious problem, and it may lead to the residents’ decision to form an HOA. After the formation of this organization, the owners of apartments in this apartment building will be able to solve a significant part of the problems on their own. This is the key goal of creating an HOA - organizing self-government.

List of procedures that a homeowners association can perform:

• Conclude agreements with organizations providing resource supply. This includes companies that supply electricity, gas, water, or provide garbage collection and sewer cleaning.
• Prepare estimates for repair work for a given house. This may apply to both cosmetic and major repairs.
• Monitor the condition of the house and courtyard area by hiring janitors and repairmen or conducting explanatory conversations with unscrupulous residents.
• Set the amount of payment for utilities.
• Order various types of work (garbage removal, painting the entrance, cutting down old trees in the yard, etc.).
• Conclude agreements to obtain a loan from a bank based on current legislation. All funds must be used only for the needs of residents of an apartment building (this may relate exclusively to issues of the condition of real estate or the supply of housing and communal services).
• Resolve issues related to renting premises or placing advertisements at entrances.
• Earn cash, which will go to the needs of residents of an apartment building (this may relate exclusively to issues of the condition of real estate or the supply of housing and communal services).

It is important to consider the fact that a homeowners association is not a commercial organization. Therefore, they do not have the right to earn money solely for their own benefit. All money received must go to the fund of this apartment building.

Who can create an HOA?

The group that organized the HOA can only include residents of a particular apartment building. If a citizen is not registered by to this address, he cannot not only be part of the initiative group of residents, but even take part in general meetings.

In addition, in order for the initiative group to fully cope with its responsibilities, it must consist of individuals with knowledge in certain areas.

List of areas of education in which members of the HOA initiative group should be competent:

• accounting;
• jurisprudence;
• entrepreneurial activity.

In addition, in order to form a homeowners’ association, it is necessary to ensure that it meets certain criteria:

• A bank account has been opened;
• The community is registered in tax office as a legal entity. At the same time, the HOA must be indicated in the documents as a non-profit organization, otherwise this entity will not be recognized by government agencies;
• All HOA activities is strictly within the framework of the current legislation of the Russian Federation;
• The organization's charter was drawn up;
• The organization’s work meets all sanitary and technical condition property;
• Certain requirements have been established for apartment owners. First of all, this concerns compliance with the rules of the Sanitary and Epidemiological Service (SES).

Thus, any residents of an apartment building who have knowledge of accounting, law and business can create an HOA. Only in this case will the organization be registered with the tax office and recognized as a legitimate self-government body.

The legislative framework

The legal basis for the issue of creating an HOA is, first of all, the Housing Code of the Russian Federation. In the past, this issue was also controlled by the civil code and some federal laws. However, they showed their inconsistency, and in 2005 significant amendments were made to the clauses relating to such partnerships. In particular, Federal Law No. 72 was completely repealed and is currently invalid. Now similar functions are performed by a number of articles of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation.

The first to note is Article 291 of the Civil Code of the Russian Federation. It records the fact that a residents' association can only be registered as a non-profit organization whose purpose is to protect the interests of apartment owners in a particular apartment building.

However, if Civil Code touches on the issue of HOAs in only one article, the Housing Code considers these partnerships in the entire section No. 6, which consists of two large chapters numbered 13 and 14.

Chapter 13 of the Housing Code of the Russian Federation considers the procedure for creating an HOA, along with the powers of members of the initiative group. In addition, the section includes a description of the procedure for reorganizing or liquidating a residents' association.

Chapter 14 of the Housing Code of the Russian Federation reveals in more detail the rights and responsibilities of the HOA initiative group, the procedure for obtaining membership in it and the specifics of holding meetings. Also, this section of the Housing Code of the Russian Federation specifies a list of resources available to members of a homeowners’ association (payments or contributions, income from economic activity, subsidies and other income).

It is important to note once again that all these resources cannot be spent by members of the initiative group on personal needs - only on public ones (cosmetic or major home repairs, hiring cleaners, other similar expenses).

Stages of creation

In order to organize an HOA, simply making an appropriate decision is not enough. This is a whole process consisting of several large stages. Each of them may have its own difficulties, so you need to provide step-by-step instructions for this procedure.

The process of creating an HOA includes the following steps:

1. Creation of an initiative group of residents.
2. Organizing and holding a meeting of apartment owners of this building.
3. Drawing up the charter of the HOA.
4. Registration of the HOA with the tax office as a legal entity.

Creation of an initiative group

At the first stage of the procedure for creating an HOA, it is necessary to create an initiative group for this non-profit organization. There is no need to hold a meeting of residents. Instead, several homeowners in a given apartment building should get together and propose to organize an HOA. As a rule, they will also be part of the initiative group, or will propose more suitable candidates.

As mentioned earlier, it is important that the selected representatives have some knowledge in areas such as accounting, law and business. Otherwise, they will not be able to cope with the responsibilities of the initiative group of the homeowners’ association.

Organization of a meeting of owners

The second stage of the procedure for creating an HOA occurs immediately after the initiative group is created. Now we need to organize a meeting of residents, at which two issues will be resolved at once.

First, you need to accept the final decision on the formation of an HOA. This is decided by voting (by a majority vote, of course), and at least three residents of the apartment building must be present at the meeting. At the same time, the organizers are obliged to notify all homeowners. To do this, a written notice is drawn up and sent to all residents at least 10 days before the meeting, indicating the place, time, and agenda of the event.

Secondly, if residents agree with the decision to form an HOA, they choose an initiative group. Most often, it includes the persons who initially raised this issue, but other candidates who have suitable knowledge and skills, as well as those who enjoy great authority among the residents of this apartment building, can also be nominated.

Only adult residents have the right to vote at this meeting (as well as at all subsequent ones). At the same time, they must come to the meeting with documents confirming ownership (original and copy) and their passport. If a citizen does not have the opportunity to appear in person, he can issue a power of attorney to a third party.

Creation of the HOA charter

It will not be possible to immediately begin to resolve the issues for which the HOA was assembled. The organization must also have its own charter. For this purpose, a chairman and a board are elected, who play the role of the executive body of the partnership. Then the Charter is drawn up and approved. On the basis of this document, the economic, organizational and other activities of the HOA will be carried out.

In order for the charter to be recognized as valid, it must be signed by the chairman of the board elected by the general meeting of residents. If a choice has not yet been made, the document is signed by the chairman of the current general meeting. There is no need to certify the charter with a seal, especially with the seal of the developer of an apartment building (a common legal mistake among the population).

HOA registration

After making a decision on the formation of a homeowners’ association, as well as approval of its board and Charter, you can proceed to the stage of registration of this self-government body. To do this, you need to collect a complete package of documents, after which the chairman (or his authorized representative) provides them to tax authorities.

List of documents required for state registration of HOAs:

• Passport of the chairman of the partnership;
• Notarized copy of the Charter;
• Receipt of payment state duty, the need to introduce which is indicated in Article 333.33 of the Tax Code of the Russian Federation.

This documentation with the application for the formation of the HOA (drawn up in free form) are submitted to the tax authorities. If all are provided Required documents, and everything is completed correctly from a legal point of view - the application is approved and now the initiative group can move on to the next stage.

Opening a bank account

After the composition of the HOA initiative group has been approved, its charter has been written, and the organization itself has been registered, you need to open a bank account. To do this, a bank account is opened (usually in the name of the chairman of the initiative group of the partnership) and the house of the newly formed organization is transferred to a new balance sheet.

During the procedure for transferring the current account of an apartment building to the bank’s balance sheet, there must be a commission, which includes representatives local administration. A written notice of account opening is then issued. This notification is sent to the local administration's economic department.

Hiring personnel and concluding contracts

After registering the HOA with the tax authorities, the initiative group enters into (or renews) contracts with management companies that will provide the house with electricity, water and other related services. In addition, the duties responsible persons partnership includes hiring janitors, garbage men and other similar workers who will provide comfortable accommodation for residents.

Pros and cons of creating an HOA

Creating an HOA has both its advantages and disadvantages. Among the advantages, it should be noted that residents can independently solve all problems that arise when collaborating with management companies. In addition, they can carry out home repairs themselves without lengthy coordination with authorized bodies. Also commercial activity HOA allows you to reduce costs for owners, and local area, as a rule, is better equipped than in a house where there is no control.

However, this option also has its disadvantages. Firstly, there may be increased operating costs. The reason is that the initiative group of the HOA and some of the residents may decide to improve, for example, a children's playground.

Secondly, a serious drawback or, more precisely, an obstacle in the work of the HOA can be misunderstanding and disagreement between the initiative group and the rest of the residents. As a result, it will be necessary to carry out explanatory work. For example, if some residents do not pay utility bills in full. As a result, more conscientious members of the HOA are forced to repay the debt. The task of a partnership is to resolve such conflicts, but this is not always possible.

And thirdly, there is an imperfect legal mechanism by which interaction takes place between the HOA and government agencies. For example, in practice, this commercial organization does not always receive the preferential funds allocated to it for the corresponding categories of residents.

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

Features and Goals

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

The creation of an HOA can occur for several reasons:

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

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

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

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

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

Stages of creating an HOA

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

The actual organization of an HOA occurs in several stages:

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

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

Organization of the initiative group and its activities

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

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

Holding a meeting

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

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

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

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

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

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

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

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

Drawing up a protocol

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

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

1. Owners of premises in one apartment building can create only one homeowners’ association. The decision to create a homeowners' association is made by the owners of premises in an apartment building at their general meeting. Such a decision is considered adopted if it is voted for by the owners of premises in the corresponding apartment building, having more than fifty percent of the votes of the total number of votes of the owners of premises in such a building.

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

2. A homeowners’ association may be created:

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

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

(see text in the previous edition)

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

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

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