home Converter Reluctant comrades: what to do if a fake HOA appears in your house. How to organize an HOA in an apartment building: step-by-step instructions Is it worth creating an HOA

Reluctant comrades: what to do if a fake HOA appears in your house. How to organize an HOA in an apartment building: step-by-step instructions Is it worth creating an HOA

Features of creating an HOA in a new building

In accordance with Part 13 of Article 161 of the LC RF, as amended. federal law dated 05.04.2013 N 38-FZ, within twenty days from the date of issuance, in accordance with the procedure established by the legislation on urban planning, permission to commission an apartment building, the local government places a notice of the open competition selection managing organization on the official website on the Internet and no later than within forty days from the date of placement of such notice, conducts an open tender in accordance with part 4 of this article. Within ten days from the date of the open tender, the local self-government body notifies all persons who have accepted from the developer (the person providing the construction of an apartment building) after issuing him a permit to put the apartment building into operation of the premises in this house according to the deed of transfer or other transfer document, on the results of an open tender and on the terms of the contract for managing this house. These persons are required to conclude a management agreement for this house with a management organization selected based on the results of an open tender, in the manner prescribed by Article 445 of the Civil Code Russian Federation.

Until the conclusion of an agreement on the management of an apartment building between the person specified in clause 6 of part 2 of Article 153 of this Code and the managing organization selected based on the results of an open tender held in accordance with part 13 of this Article, apartment building is managed developer subject to its compliance with the standards and rules for the management of multi-apartment buildings established in accordance with this article by the Government of the Russian Federation, or by the managing organization with which the developer has concluded an agreement for the management of an apartment building no later than five days from the date of receipt of permission to commission an apartment building at home (Part 14, Article 161 of the LC RF as amended by Federal Law No. 38-FZ of April 5, 2013)

After registering the right of ownership, the owners of the premises have the right to hold a general meeting and independently determine the method of managing the house (HOA, UK or direct method of management.

The decision to establish a homeowners association is made owners of premises in apartment building on their general meeting. Such a decision is considered adopted if it is voted for premises owners 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 (clause 1, article 136 of the LC RF).

It should be noted that when creating an HOA, the minutes of the general meeting of owners on the creation of the HOA and the approval of its charter are signed by all owners of premises in an apartment building who voted for such decisions (clause 1.1, Article 136 of the LC RF)

Upon 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 to establish the partnership and approve 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 for the creation of associations of homeowners, on the shares belonging to these persons in the right of common ownership of common property in an apartment building (clause 5, article 136 of the RF LC).

The number of members of an association of homeowners who have created an association must exceed fifty percent of the votes of the total number of votes of the owners of premises in an apartment building (clause 3, article 135 of the LC RF, clause 2, article 141 of the LC RF). If less than 50% of the votes of the owners are in the HOA, then such an HOA does not have the right to exist and is obliged to liquidate itself. These are the requirements Housing Code.

IMPORTANT!It must be remembered that officials and persons elected to the board of the HOA (members of the board, chairman, members of the audit commission, Chief Accountant) there cannot be disqualified citizens, as well as heads expelled from the SRO or declared bankrupt construction companies(the moratorium is valid for three years) and also must not have a criminal record for intentional crimes (even removed or extinguished).

Thus, it turns out that it is impossible to create an HOA in houses under construction starting from the entry into force of the Law on Amending the Housing Code of the Russian Federation. It is obvious that after the registration by equity holders of the ownership of residential premises, the general meeting of owners of premises has the right to choose the method of managing the house in the generally established manner. Created in accordance with Art. 139 of the Housing Code of the Russian Federation, partnerships continue to operate until they are liquidated or reorganized (clause 2, article 8 of the commented Law).

Having created the HOA, all members and boards of the partnership must understand what is now to come. control the receipts, make reports for all your actions. They have their own rights:

they can conclude any contracts with resource supplying organizations;
draw up an estimate for the repair and current maintenance of house property;
set monthly payments utilities;
perform independently various works, provide cleaning and minor repairs without the involvement of contractors;
receive a loan from a bank in accordance with the law;
provide utility rooms for rent, place advertising banners at home and thus earn additional income.

But it must be borne in mind that the creation of a partnership carries both positive and negative points:

it is best to create an HOA in an apartment building, to reduce the cost of maintaining service workers;
there is a need for an initiative group that controls all the actions of the board and the chairman of the HOA;
a sufficient level of knowledge in both legal and technical matters is required in order to prevent utility accidents in time and to maintain all systems at home in working order.
there is an obligation to pay for banking services, the services of an accountant, and the chairman of the HOA has the right to receive wages for his work.

It is necessary to take into account the fact that no matter how big the house is, only one HOA can be created on its basis, and it will be legal entity.

partnership requirements

Once established, a partnership must meet the following requirements:

throughout all activities, all laws established by the Housing Code, all clauses of the HOA charter must be observed;
members of the board are obliged to organize the work of the staff in such a way that the requirements of the owners for the sanitary and technical condition of the property are taken into account;
require the owners of the premises to comply with the rules of cohabitation;
draw up an annual report on the work done, income and expenses of the partnership.

Where to start organizing?

Residents who are dissatisfied with the work of their Management Company do not think much about how to transfer to the HOA, do not seek to create their own partnership and, explaining this by the fact that the formation and registration procedure requires not only additional funds, but also time.

Very valuable people will be young enterprising pensioners who have enough time and who are trusted by the majority of residents.

At the first meeting, you should make sure that many approve the creation of an HOA. And the doubters can be told about what the partnership will do, what plans and projects will be implemented in the future.

The first stage is the assessment of resources

After the initiative group has been assembled, it is necessary to evaluate what belongs to the common house property: which yard, attics, basements and other utility rooms. There is a possibility that some properties are privately owned, which means that you will not be able to rent them out, but you will not have to maintain them in good condition.

At this stage, general house meters are also inspected, if they are not available, then they will need to be installed, because in the future this will help you significantly reduce costs.

With the management company on special accounts an amount consisting of monthly installments must be kept for major or ongoing repairs. It should be quite large, especially if no work has been done.

An important role is also played by what tenants live in your house, how many debtors are among them, how many of them will be solvent. Find out their attitude to increasing pay to restore order, or, conversely, you will have to reduce payments and start saving in order to collect a certain amount.

The second stage is the meeting

After assessing the feasibility of creating an HOA, one should proceed to preparing a general meeting, where more than half of the residents must vote for the partnership to start its work. Points to consider when preparing:

The first is a door-to-door round of tenants for the purpose of an explanatory conversation. Prepare for a lot of questions and complaints.
The next point that requires great attention and knowledge of the law is the notification of the upcoming meeting. A prerequisite is the notification of each tenant, so a simple announcement hanging at the entrance will not be enough. It is best to print out notices and hand them over to everyone under signature. In the absence of some owners, it is best to send a registered letter with acknowledgment of receipt.
Please note that if some residents declare that they are not aware of the meeting and did not attend it, then this is the reason for declaring the decision of the general meeting invalid.
Prepare lists with the names of the owners and a table with voting options: “For”, “Abstained”, “Against”. Prepare the text of the Charter of the HOA, it includes the clauses provided for by law.
All participants in the meeting must have passports and documents of ownership with them.

After careful preparation, the meeting will not be difficult. Its procedure is established in Art. 146 of the Housing Code of Russia.

All actions at the meeting must be recorded and correspond to the agenda of the meeting.

The decision to establish an HOA is made by voting. All information about the tenants is entered into the protocol: passport data and information about the right of ownership, the option of expressing will. If more than 50% of the participants make a positive decision, then the partnership is considered to be created.
Approve the Charter of the HOA, reading out its main provisions.
Choice of board and audit commission can be by name or voting can take place for the whole group at once.
The chairman can be chosen directly by the owners or appointed from among the members of the board.
At this meeting, additional issues can be considered: a way to notify about the next meeting, the adoption of the "Rules of Cohabitation" and others. But it is not worth delaying the first meeting, it is better to postpone all subsequent questions for the time being.

Please note that attendance registration sheets, voting ballots and minutes of the meeting are signed by those present, stapled and kept together.

The form of the meeting can also be held in absentia, while the voting forms are transferred by the owners by a certain date. Requirements remain the same.

After the meeting, within 10 days, the board of the HOA is obliged to notify all interested parties of a positive decision. You can post an announcement with the results of the vote. Where to complain? Click for information.

Registration and constituent documents

In order for the HOA to be open according to the law, it happens state registration in tax authority. A few documents are needed for this:

an application in the prescribed form, it is filled in by the chairman of the board, the authenticity of the signature must be notarized; it contains the name
HOA, address, types of activities carried out, full information about the HOA representative;
minutes of the general meeting and its copy, which is also certified by a notary;
charter in two copies, all sheets must be stitched and certified;
a receipt confirming payment of the state fee from the applicant.

Registration lasts only 7 days, after which a second visit is required tax office to receive documents.

After receiving confirmation of registration, it is necessary to take a number of mandatory actions that will allow the HOA to legally carry out its activities:

order a print;
open an account in any bank;
organize the transfer of property from the balance of the management company with the involvement of a commission from members of the administration of your city and the board of the HOA;
take on the balance of the building with all the technical documentation;
notify the Property Management Committee and the City Administration of the creation of an HOA;
conclude agreements with all resource providers;
start paying utility bills.

After the commencement of the partnership, a land survey should also be made in order to register it as a property. Read how to hold a meeting of HOA members.

Terms of existence

The time for which the HOA is issued is not defined, it is possible to change the form of management only after a decision on liquidation is made at the general meeting.

But, the terms of being on the board of the HOA limited to two years. After that, other owners can be elected by majority vote or the powers of the previous board can be extended.

Meeting minutes

Pay special attention to the execution of the minutes of the meeting, because it is he who is the basis for registering the partnership. There are many nuances in writing it, so the best way avoiding mistakes is engage an experienced lawyer to draft it.

The initiator of the meeting, the issues under consideration at the meeting, the method of voting and counting of votes must be indicated. The exact number of ballots with a positive and negative decision is indicated, how many sheets were spoiled and why.

An important point in the protocol is an indication for each owner of the property ownership area. Because it is not the number of residents who voted “For” that is taken into account when voting, but the number of square meters occupied by them. For example, 3 tenants own a total of 140 sq. m., and the other two own 200 sq. m. It is these two who will have an advantage in making a decision. All subsequent monetary issues are resolved, according to.

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

Purposes of creating an HOA. What it is?

Simply put, this is an association of homeowners in an apartment building. The Housing Code defines it as not commercial organization . It is created in accordance with the framework established in the current legislation.

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

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

O possible ways home management is written in article 161 of the Housing Code of the Russian Federation. And Article 44 obliges owners to hold general meetings if a really important decision needs to be made.

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

Initial steps

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

There are several difficulties that are associated with certain factors:

How to regulate legal and financial issues?
Who submits tax returns and how?
Records management.
How to organize general meetings?
Conducting voting.
The procedure for the formation of an HOA requires strict compliance with current legislation.
How to collect information from the owners of residential premises?

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

It is obligatory to create an initiative group from among the residents of the apartments, minimum of 5 people. To adopt the charter, a primary general meeting is formed. And for the preparation of preparatory documentation, the initiative group sends an application to the city administration.

Holding a general meeting

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

The meeting is held to discuss any important issue. On it, each tenant is told about the need to create an HOA, explain what advantages it has given form partnerships.

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

The counting of votes should not be based on how many people took part. And according to the total area, which belongs to the residents. For example, owners of 70-square-meter properties have more votes than owners of 30-meter premises.

On the approval of the charter

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

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

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

How many members are on the audit committee?
How many members are on the board?
The procedure for convening members of the HOA.
Location of the HOA.
Name of the HOA.

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

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

While the Charter of the HOA is being prepared and drawn up, it is necessary hold regular meetings on all matters of importance:

The size of the payment connected with repair and maintenance is discussed.
Conducting face-to-face and absentee voting.
Re-election of chairmen and board members.
Use of common property.
The use of the land.
Renovation of the house.

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

The Charter of the HOA is a document that is mandatory for all members of the HOA. But this does not apply to homeowners.

About the registration process

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

Receipt confirming the payment of state duty.
Application for registration of a legal entity. Form 11001 is used.
Protocol of the board of the HOA. All members of the board must certify it with their signatures.
Charter of the Partnership. In the final version, approved at the general meeting. Served in two copies.
Minutes of the meeting, original, or in the form of a notarized copy.

Federal Tax Service processes requests seven days maximum.

What other procedures are needed to complete?

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

When moving to another form of government there should be no change in the rights of apartment owners. When a house is transferred to the management of the HOA, special notifications are created. They are sent to the Property Management Committee, as well as to the Municipal Department of the Administration.

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

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

Conclusion of contracts

Common property, conditions and rules for its maintenance become the main subjects for such contracts. with owners who did not join the company.

What is stipulated in the contract?

Description of the property to be repaired, maintained.
What kind of repair and maintenance work is carried out? In what way?
What is the responsibility of the HOA in case of non-fulfillment of obligations?
Information about the obligation of the owner and other expenses for repair and maintenance. Order, amount, and terms of payment.

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

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

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

Is it worth it to organize an HOA at all? The answer is in the video

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

Many owners of apartments in the Russian Federation prefer to manage the property of the house together with other residents in the form of an HOA. The creation of such a structure is quite strictly regulated by law, however, the implementation of this initiative implies a completely logical scenario. How to organize an HOA in the house? What legal nuances should be paid special attention to?

Home control options

Owners of housing in apartment buildings must somehow organize the joint management of common property, ensure the supply of the building with utilities and maintain it. technical condition. This can be done within three schemes.

Firstly, there is an option with the organization of direct management of the house by homeowners. This is possible if it has no more than 16 apartments.

Secondly, you can create a homeowners association or cooperative.

Thirdly, you can transfer the house to the management company.

Which of these options is better? Why do many citizens wonder how to create an HOA in their home?

The fact is that a homeowners' association, as a rule, is more economically feasible. There are no opaque markups for basic utilities. And also the communication of apartment owners contributes to building constructive relationships between neighbors, jointly solving possible difficulties in managing the house, which the management company cannot always resolve competently.

Consider some distinctive features HOA in more detail.

Peculiarities

If the residents of the building decide to create an HOA, they will be able to take advantage of a number of advantages associated with the organization of the management of common property and housing supply necessary types utilities.

So, for example, the HOA can solve part of the tasks on its own or involve external contractors. If the HOA has concluded an agreement with a service organization, then it has the right to control the quality of the provision of relevant services. The contractor of the HOA must ensure the performance of its functions so that the result meets the criteria established by the Government of the Russian Federation in relation to public services.

The HOA is responsible for the maintenance of the property located in general management, in accordance with the criteria established in the technical regulations, as well as legal acts approved by the Government of the Russian Federation.

Thus, the HOA is not only opportunities, but also additional obligations of owners to their own neighbors, it is the responsibility and willingness to study various nuances related to the management of common property and the organization of the use of relevant utilities by residents.

Who can create an HOA?

A homeowners association can be formed to joint management community economy residents of one or more multi-apartment buildings located on one or border land plots. Also, several buildings built side by side can be combined in an HOA, even if each has one owner. Homeowners associations can be formed by summer residents, in the structure of the partnership there may be household plots, garages and other objects related to residential infrastructure.

How to organize an HOA? Let's consider several stages of the implementation of this initiative.

Informing tenants

The first stage involves the organization of a general meeting of owners. However, it is preceded by a collection necessary information about the occupants of a house or group of buildings. Relevant information can be requested from the territorial office of the Federal Registration Service. You may also need information about the premises that are presented in the structure of the house. It should be requested from the BTI.

Next, you should create an initiative group of owners responsible for holding a general meeting of residents. As a rule, these same people are responsible for how to organize an HOA, and at all subsequent stages of creating a partnership. Therefore, an appropriate team should be formed from citizens who have enough time to engage in this socially useful business.

The best way to convey information

The initiative group of owners must subsequently send written notices to other tenants that a general meeting is to be held. This document must indicate where the event will be held, who is responsible for organizing it, and who can be contacted in order to ask any questions. The content of the meeting agenda must also be included in the notice. An important nuance: if the house has, for example, a store, then the document must also be sent there.

It is preferable to send the notifications in question by registered mail. You can, of course, hand them over personally to the residents - but at the same time, you should take from them a receipt for receiving the document. Notices must be sent out 10 days before the General Meeting. The participants of the initiative group must keep the documents confirming the acquaintance of the residents with the information.

The next important step in resolving the issue of how to quickly and cost-effectively organize an HOA involves the actual holding of a general meeting. Consider the relevant nuances.

General meeting

The main decision-making tool at the general meeting of owners is voting. Therefore, people who are responsible for how to organize an HOA should prepare special forms to express the will of the tenants. The structure of these documents is very simple - these should be tables with full names, as well as columns "For", "Against" and "Abstained".

At the beginning of the meeting, its chairman must be elected - by a majority vote of the owners who came. You also need to choose a secretary who will take minutes of the meeting of residents. It is important that more than two-thirds of the residents of the building who have the right to vote attend the event. This is required condition how to properly organize a homeowners association. What will be adopted at the meeting is mandatory for all residents, even those who did not come to the event. If two-thirds of the owners could not be collected, the initiative group will have to repeat the work of organizing the meeting. It is possible that they will have to include a campaign component in their activities.

During the general meeting, the tenants decide that a partnership is being formed, they approve the charter of the HOA, elect members of its board, and also appoint an audit commission.

Drawing up minutes of the meeting

After the meeting of the HOA is successfully held, it is necessary to fix its result in the minutes. This document is the most important from a legal point of view when deciding how to organize an HOA in a house. The protocol must be prepared by the initiative group and comply with the provisions of the Housing Code of the Russian Federation.

The document in question should contain information about the initiator of the meeting, about the issues that were discussed, about voting. The most important point of the protocol is information about how many people came to the meeting, as well as the correlation of the area of \u200b\u200bits of their apartments with the general indicator of the whole house.

Within 10 days after the meeting, residents must be familiarized with the protocol. You can make several photocopies of it and hang it on the entrances or special information stands, place it in mailboxes, and if possible, hand over the copies to the residents personally.

The charter is the key document of the HOA. Consider the features of its compilation.

Charter approval

The approval of the charter is the most important condition for resolving the issue of how to organize an HOA in a legal way.

The structure of the document should contain items affecting:

general provisions;
wording reflecting the goals and activities of the HOA;
legal status of HOA;
ownership of the premises in the house;
funds, property of the HOA;
economic activity of the HOA;
membership features;
rights, HOA obligations and its members;
governing bodies of the HOA;
the nuances of holding a general meeting of the partnership;
provisions on the reorganization and liquidation of the HOA.

Bylaws can only be approved if more than two-thirds of the homeowners vote in favor of it.

Registration of HOA

The next step in resolving the issue of how to organize a homeowners association is the actual registration of an HOA. The agency responsible for this procedure is the Federal Tax Service.

To register an HOA, you must pay a state duty, fill out an application (its form will be issued to the Federal Tax Service), certify this document with a notary, take 2 copies of the charter, 3 notarized copies of the minutes of the meeting and take it all to the territorial office of the Federal Tax Service in the city. After the department registers the HOA in the prescribed manner, the members of the board of the partnership must open a bank account. After that, you can get to work.

Formalities upon completion of registration

Consider some of the nuances characteristic of the final stages of creating an HOA. How to organize a partnership in the aspect of the general meeting and the approval of the charter, we have studied. But the board needs to take a number of other actions required by law. So, for example, if before the creation of the HOA the house was owned by the management company, then it is necessary to notify it in the prescribed manner that the owners decided to take care of the maintenance of the housing themselves and created a partnership.

The transfer of the house to the jurisdiction of the HOA is carried out with the participation of a special commission. It consists of representatives of municipal authorities, as well as management bodies of the established partnership. During this stage of legal relations, the house is recorded on the balance sheet of the HOA in accordance with the act of acceptance and transfer.

How to organize an HOA and how a house is accepted from the management company, we examined. What are other important actions of the governing bodies of the partnership after obtaining all the necessary powers? For example, shortly after the successful registration of the HOA and related procedures associated with taking home, it will be necessary to conclude contracts with service companies for the provision of utilities. Another important component of the work is the organization of a system for accruing payments for the maintenance of the house.

We learned how to create an HOA. The step-by-step instruction compiled by us touches on the key points of this procedure. It can be noted that the housing legislation of the Russian Federation is often corrected. Therefore, the initiators of the collective management of the house should periodically monitor the relevant changes in legal acts so that the work of the HOA is completely legal.

Organization of HOA: legislative nuances

Consider some of the legal nuances of creating an HOA. How to organize a partnership in full compliance with the law is an issue that is relevant at every stage of the implementation of the relevant initiative of homeowners. What should the initiators of the creation of an HOA pay special attention to in terms of ensuring that their activities comply with the requirements of the law?

For example, if the question is how to organize an HOA in a new building, then the first thing you should pay attention to is that the house should be put into operation by the time the partnership is created.

Another important aspect is that the protocol drawn up following the results of the general meeting must be signed by all those who voted for it. If this criterion is not met, then the Federal Tax Service will refuse to register the partnership.

If an HOA is created by the owners of private houses or dachas, then everyone who owns the relevant real estate must make the appropriate decision. In turn, if we are talking on the election of the chairman of the board of the HOA, then it is permissible for at least two-thirds of the owners to vote.

House management to HOA

Among the fairly new legal categories for the legislation of the Russian Federation related to the organization of management of common property, the council of an apartment building. This public structure is designed to replace the HOA or the Criminal Code due to their temporary absence. An apartment building council must be created if there are more than 4 apartments in the building. Just as in the case of the HOA, the election of the chairman of this body is expected. He must be one of the owners of apartments included in the structure of an apartment building. If the tenants do not create an MKD council, then the municipal authorities themselves will have to initiate a general meeting of apartment owners.

Where heating is provided, gas, water, light, of course, are very comfortable compared to your own home, where you have to think about everything about it. But at the same time, in order for the pleasure to be complete, the services provided must be monitored and properly managed. To do this, apartment owners have the right to choose the most convenient form of government for them. In our article today we will try to find out: an HOA or a management company - which is better.

Management Company

This organization is a legal entity or individual entrepreneur managing the MKD. This is an entrepreneurial organization, which means that its goal is to make a profit.

The main document according to which the activity is carried out is a management agreement concluded with more than 50% of the owners of the house. The percentage is set by counting the area, not the number of owners.

The functions of the Criminal Code are to ensure the repair and maintenance of houses, in accordance with the requirements of the technical regulations. In this case, the owners have the right:

to receive the information they are interested in within five working days after the request;
information on the volume, list and quality of services rendered;
check the performance of work;
demand the elimination of defects and monitor the completeness of the service provided;
from the first quarter to receive a report on the work performed from the managing organization.

On the other hand, the management company does not intend to reduce the cost of maintaining the house. In addition, its financial activities are not always transparent to residents, although the latter are rarely interested in this. Moreover, this company employs much more employees than the HOA. Accordingly, on wages they will spend more. Therefore, residents have a legitimate question about what is more profitable - an HOA or a management company.

HOA

In one house there can be only one HOA. But one HOA can unite several houses. So, let's figure it out, HOA or management company: what's the difference?

Let's start with the fact that the HOA is non-profit organization, created in accordance with the norms of the Housing Code of the Russian Federation. The meeting approves the governing bodies - these are the members of the board (who are elected for a period of not more than two years), and the general meeting. Financial plan for a year can only be approved at a general meeting. A report on its implementation is submitted to the Audit Commission. And the management of the HOA reports at the general meeting.

If costs are allocated wisely, then funds will be collected when necessary. Financial activities HOA is more transparent. After all, each resident can influence decisions on improvement. Without intermediaries between tenants and the contractor, deficiencies will be fixed at a lower cost. On the other hand, some one-time jobs can cost more. Therefore, apartment owners will benefit only if the management of the HOA will consist of truly literate and caring people.

Management company or HOA: pros and cons

Supporters of the Criminal Code believe that the main advantage of their work lies in the fact that they take into account the opinions of all owners living in the house. So, at least, the management companies themselves say, although it is hard to believe in it. At the same time, experts unequivocally speak out in favor of the Criminal Code in the sense that their services can be refused at any time if there are complaints about poor quality service. But it will take more time.

On the other hand, it can be problematic for residents to obtain specific information about the organizations themselves, although the law prescribes such an obligation for the latter. Taking into account the fact that the UK is a commercial organization, that is, such the main objective which is to make a profit, it is unprofitable to give them full control.

So what to choose - HOA or a management company?

The optimal form of government

Most experts agree that the best today is a mixed form of government. That is, this is not an HOA or the Criminal Code, but an HOA and the Criminal Code. concludes a service agreement with the management company. Then all residents will know where the funds go. Moreover, each of them has the right to ask for a report from the chairman, and the latter must report. The HOA can also dispose of the house property at its own discretion, as well as place billboards on the facades of the building.

We create an HOA

So, if you were faced with a choice: an HOA or a management company, and you decided to create an HOA, a number of the following steps must be taken to organize it.

An initiative group is being created from among the owners of residential premises of an apartment building. Any resident can act as an initiator. But in order for the information, organizational and propaganda activities to be crowned with success, it is necessary to recruit such a number of people that will pull all the work.

Informing people about the essence of the HOA

Next comes the legal and information education of people by the initiative group. At this stage, you need to be able to answer the question in an accessible way about whether the HOA or the management company - which is better. And also to convince everyone of the benefits of the first option.

The answer here is already contained in the organizational and legal form of the company: if the UK is a commercial organization, then the HOA is non-profit. It turns out that the goals of the first are, first of all, to make a profit, and the other is to solve social, legal, managerial and similar problems.

In addition, in the UK, the incoming funds are distributed according to established order. But in the HOA - by decision of the meeting of its members.

HOA can also engage in entrepreneurial activity, but it is in the Criminal Code that it is the main type.

The profit received is distributed among the founders in the management company, and in the HOA it goes to the implementation of the statutory goals.

Working with people and recruiting

The next stage is the preparatory work for the creation of the organization. For this:

a register of owners is drawn up;
the address of the HOA is determined;
the Charter is being prepared;
looking for candidates for the chairman, members of the board, audit and counting commissions, chairman and secretary of the meeting;
prepare newsletters;
give notice of the meeting at least 10 days in advance;
in the same period send this notification to the CHI.

Meeting on the creation of the HOA

election of the chairman and secretary of the meeting;
counting commission;
about the method of management;
the Charter is approved;
elect the chairman and other persons;
a representative of the owners is appointed to register the HOA;
choose the place where the information will be placed;
choose a place to store documents.

Other issues may also be addressed, depending on the needs of the home. However, if it was not possible to gather the tenants of the house at the general meeting, then an absentee vote is announced. To do this, ballots are prepared, and each of the owners votes.

Finishing organizational work

list of owners;
protocol of the counting commission;
minutes of the general meeting.

HOA is registered. To do this, an application is submitted to the tax office with attachments to the charter, information about the voters, a receipt with paid state duty).

You should register with the statistical authorities, in the Pension Fund, the Social Insurance Fund, the medical fund and make a seal.

After that, you can start working by notifying interested parties about its start. The organization needs:

get technical documentation;
draw up a register of property, examine it and draw up an appropriate act;
study the rules for providing the population;
study the rules for the provision of housing services;
with the direct management of the HOA, it is necessary to conclude agreements with resource supply organizations, as well as determine the organization with which the receipt of funds will be kept;
and if management is carried out through the Criminal Code, then the HOA concludes an agreement with them.

And yet: HOA or management company - which is better?

It is up to the tenants to decide which form of management to choose. But recently, more and more often they are inclined towards a joint form of government. On the one hand, there are often cases when the opinion of tenants is replaced by the opinion of one chairman in an HOA with direct control.

On the other hand, a person who is competent in technical matters is not always elected chairman. But management companies employ specialists who often know better what is needed for a house at one time or another.

Conclusion

Having considered the question (HOA or a management company - which is better?) and deciding in favor of one or another option, the residents must understand that none of the forms of organization can be truly effective if the residents themselves do not take part in the management process. When they remain indifferent, do not go to meetings and are not interested in current issues, the organization of the HOA often falls into decay, and the management company sometimes overstates the cost of its services.

Therefore, for the better functioning of the house, first of all, caring owners are important, who must understand that management comes from them, regardless of the form chosen, whether it is an HOA or a management company. It is then that the affairs in the house will flourish, and the tenants will be satisfied and happy to live in it.