home Converter A homeowners association is a legal entity or not. Legal form of a homeowners association

A homeowners association is a legal entity or not. Legal form of a homeowners association

Deciphering the abbreviation HOA - "Association of homeowners". This is an organization created by the owners for joint management land and premises that are jointly owned. All activities of the organization are carried out in accordance with the Housing Code of the Russian Federation and are regulated at the legislative level (Article 135 of the Housing Code of the Russian Federation).

Why is it necessary and what is its purpose?

The main purpose of the homeowners association is effective management. What is it for and what does it do? The task of the organization is to create comfortable living conditions for the owners. These include:

collective management of house property;
disposal of common property and ensuring its use;
maintenance and storage of property;
utilities for residents of the house;
other actions required for the successful management of the house.

To whom is it subordinate?

HOA is a partnership formed directly by the residents of the house, therefore, the HOA is not subject to anyone except the current legislation. The supreme body in the HOA is the board and the general meeting of the partnership is accountable to its board.

Is it a commercial enterprise, a legal entity or not?

Homeowners Association - non-profit organization(Clause 2, Article 291 of the Civil Code of the Russian Federation). The only way to generate profit for this organization may be to attract an additional source of financing (rental of the premises of the house, sale of advertising space on the houses, etc.). In this case, all funds received are directed to the maintenance of property, without distribution among the participants of the HOA.

is it legal entity? According to the current legislation, this species organization refers to a legal entity. On an equal footing with other legal entities, management bodies should conduct office work, pay taxes, report to regulatory authorities, cooperate with contractors and suppliers, etc.

Reference. Obtaining legal status persons by united owners occurs after state registration.

What is a Homeowners Association?

Association of housing associations is an association of two or more structures for conducting joint activities and protecting the interests of residents (Article 142 of the LC RF). This organization has its own charter and registration in tax authority. Activities:

protection of the interests of residents in the authorities;
joint service utilities;
joint agreements with suppliers;
exchange of experience in debt management.

Formation features:

meeting of tenants in each HOA and the collective decision to merge;
approval of the charter;
election of the board;
registration as a legal faces;
pooling of assets.

An association is created if, at a general vote in each individual partnership, the owners of at least half of the residential area of the house voted for this decision.

Pros and cons

The advantages of this form of government include:

resolution of all issues at the meeting of tenants;
the opinion of each tenant is taken into account;
independent selection of contractors;
transparent activity.

Minuses:

imperfection of the legislation;
if there are debtors among the tenants, the court may recover the amount of the debt and there is a possibility that the tenants will have to pay the bills a second time;
clashes with beneficiaries;
the probability of making a mistake with the choice of chairman;
the amount of payments for operation is higher;
the lack of strict measures in the law to combat non-payers.

Comparison of HOAs with other forms of government:

HOA	Premises management	Management Company
Work without intermediaries.	Work without intermediaries.	Intermediary in concluding contracts with service providers.
General liability for debts.		Lack of collective responsibility for debts.
	The most transparent activity.	The likelihood of fraud.
Payment for services is higher due to the maintenance of the staff.	Fees for services are lower due to the absence of intermediaries.	Service fees are higher due to intermediary activities.
Entity.	Lack of legal persons, possible difficulties with paperwork with suppliers because of this.	Entity. Societies with limited liability- (OOO). Joint stock companies - (JSC).
The work is carried out directly by the owners of the apartment building, or with the involvement of third parties.	Each owner, in his own interests, has the right to conclude agreements with service providers who provide home maintenance services.	The work is carried out by employees of the company who are not related to the residents of the house.
Activities are carried out on the basis of the charter.	Lack of regulatory documents.	Work on the basis of a single contract and in accordance with applicable law.

Read more about the pros and cons of an HOA.

Organization and charter

The main steps are:

Organization of the initiative group.
Holding general meeting tenants (voting for the adoption of the HOA, election of the chairman and members of the board, approval of the charter, drawing up a protocol).
Registration of HOA as a legal entity.

The charter of the partnership is a document in accordance with which the management of an apartment building is carried out. This document is the legal basis of the organization, on the basis of which all activities in the partnership are built.

The adoption and approval of the charter takes place collectively in person or in absentia at a general meeting of residents. The process of adopting the charter consists of several stages: drafting, approval, approval. In the process of adopting the charter, Art. 45-48 LC RF.

Chairman and Board

The board is elected from among the tenants at the general meeting (Article 145 of the Housing Code of the Russian Federation). The owners determine a candidate for the role of a member of the board and are approved for this position in the course of voting. Further, at the meeting of the members of the board, the election takes place by voting. A prerequisite is the presence at the meeting in addition to the members of the board of at least 50 percent of the members of the partnership.

State

Also in the state are:

Entry order

To become a member of the HOA, you will need to write an application and submit it to the board along with an extract from the state register confirming the ownership of the property. At the general meeting, after discussion, the final decision is made.

Can you not join?

The need for a protocol

Each meeting is accompanied by obligatory conduct, in which the agenda and the result of the vote are recorded. The main part of the protocol is the agenda. This section contains items about current issues.

Further, the result of voting on each issue considered in the main part is recorded in the form and the decision is formulated. The last part of the document contains a summing up of the results of the meeting, brief information on issues in which it was not possible to reach an agreement, a list of tasks performed, and decisions made. The document is certified by the signature of the chairman and secretary.

How do I find out which partnership serves the house?

For more information on how to find out which partnership serves the house, read.

Payment of bills

The partnership of owners has the right to independently generate payment documents and send them to the residents of the house. You can pay in cash at the cash desk of the HOA. Pay online - through the GIS housing and communal services service, on the State Services portal or in personal account your bank. Fee included:

for hire;
per repair work;
for cleaning common areas;
overhaul;
seasonal work;
maintaining order in common areas (lighting, minor repairs).

You can learn more about the features of paying bills from.

Violations and problems at work

The main problems of partnerships are:

the presence of debtors for public services;
relationship with the developer (in new homes);
lack of information about the activities of the partnership due to the ignoring of general meetings by residents;
indifference of the owners and unwillingness to personally participate in the improvement;
the probability of choosing an unscrupulous chairman;
the emergence of conflicts between tenants and the board.

The main way to solve many difficulties in the work of the organization is the competent choice of a person for the role of chairman. When choosing a chairman who will make financial decisions, make transactions and make decisions, you should carefully consider his reputation.

Another way to solve problems is to form a control commission from among the residents, which will monitor and control the actions of the chairman and members of the board. In this case, the mechanism of the functioning of the organization will be very effective and successful.

Is it possible to withdraw from the composition of 1 apartment or house?

You can leave the HOA with one apartment, for this you will need to pay off all debts to the partnership and submit an application for the desire to enter the board of the HOA. Exit from the HOA with the whole house is possible in the event of liquidation or reorganization of the partnership (Article 140 of the LC RF). To do this, each owner must write a statement of withdrawal and submit it to the board.

You will learn more nuances about whether it is possible to leave the HOA with one apartment or the whole house. To carry out this procedure, it is necessary to obtain a majority of votes for the reorganization, notify each member of the organization in the form No. P12003, register a new body in tax office, pay a fee, transfer rights and obligations to a new organization, make changes to the Unified State Register of Legal Entities.

HOA is one of the forms of management that allows each owner to take a personal part in solving the problems and issues of the functioning of the house. This form has its advantages and disadvantages, which you need to pay attention to when choosing a form of government for an apartment building.

You can manage the household of a residential building in different ways - entrust everything to the house management company or unite in the HOA and take matters into their own hands. We understand why HOAs are created, how these organizations work and what laws regulate their activities.

What is HOA

From Article 135 of the Housing Code we learn that apartment owners themselves choose who and how will manage their house:

☝If the building has less than 50 apartments, it can be managed by the owners: the residents directly pay the bills for gas, electricity, water and other companies that provide such services. In this case, the maintenance and repair of common house territories - entrances, stairs, attics and basements remains a problem. Often, residents act according to the “my hut is on the edge” scheme: it is difficult to demand that a negligent neighbor remove garbage from the stairs, to hold Vodokanal or another organization accountable is even more difficult. Repair of the house is also in question: among 50 apartments there will always be 5-10 that will not be able to pay for this repair.

✌Also, the house can be managed by a commercial organization - DUK or a house management company. She conducts all economic affairs, monitors the quality of utilities and timely repairs. Residents of the house pay the bills issued by the DUK, which usually includes a commission for its work. Tenants may require an account of where the money is being spent.

☝✌ And the third option - apartment owners unite inhomeowners association or homeowners association.

What the Housing Code says:

HOA - non-profit organization;
Only owners of apartments in an apartment building - a house with two or more apartments can join the HOA;
The task of the HOA is to manage the house in such a way that it is comfortable for residents to live and use the premises.

Usually, the owners unite in the HOA in order to make the maintenance and service of the house more “transparent”: the HOA allows you to clearly control the flow and expenditure of money.

What are the duties of the HOA

The HOA is obliged to conclude contracts with contractors and resource-supplying organizations and keep order in everything: from roof repair to cleaning. The Housing Code clearly spells out the responsibilities of the HOA:

👍 provide the house with hot and cold water;

👍 provide heating;

👍 provide gas;

👍 provide electricity;

👍 clean up the area and monitor the garbage disposal;

👍 Maintain cleanliness in the entrances;

👍 monitor the number of parking spaces;

👍 Repair roads and common property in time.

The HOA should be aware of all the cases - planned water or light outages, upcoming road repairs at the entrance to the house. Also, the HOA should notify residents of all changes through announcements on the floors or by sending messages. To make it easier, the management creates a group on social networks or a chat on Whatsapp, where it informs the residents of all important information.

How the HOA works

Each owner of the apartment who voted for its creation becomes a member of the HOA. But since there are many apartments in the house, all tenants cannot participate in the work of the organization. Therefore, members of the board are elected at the general meeting: these are tenants who are members of the founders of the HOA and manage it. Board members can be elected by general vote. You can also appoint a chairman - most importantly responsible person future HOA. Any of the members of the HOA can be nominated as the chairman.

As soon as the management team is formed, the Charter is drawn up and signed. The Charter prescribes the address of the house, the list of founders, the rights and obligations of the HOA, all the important formalities related to the maintenance of the house. The charter is registered with the Federal Tax Service, a copy is certified by a notary.

To maintain order, the HOA collects contributions. The amount is set at the meeting: the law does not regulate this issue, tenants can determine the amount of contributions themselves, involve an accountant who will calculate what budget the HOA should have annually. The annual amount is "split" into monthly or quarterly payments.

At meetings, the owners themselves determine the fate of their home. Gathering together, residents decide how often to repair entrances, whether to paint the facade of the house and stairs, whether to install a barrier. HOA members do not need permission "from above" to buy new benches or equip a playground: they simply vote for it at a meeting, and then collect money and hire builders.

If something went wrong...

The beauty and at the same time the main drawback of the HOA is that each resident becomes responsible for the house and property that belongs to him. Among the activists may be legally illiterate or incompetent people whose actions can harm the house and its inhabitants.

Not all tenants pay their dues and utilities on time, which is why the HOA accumulates debts. Since it is a non-profit organization, equity Homeowners associations are usually very small - there may simply not be enough money to pay off debts.

Often the board of the HOA shirks its duties: for example, on Monday they turn off the water for two weeks, but do not notify residents.

By law, you, like other homeowners, have the right to demand a report from the HOA: how, where and on what the money was spent, what contracts and agreements were concluded and with whom, how soon your requirements will be met. The law does not specify what this report should look like, so the chairs may simply shrug or not know how to write it.

Where to complain about the HOA

1. Directly to the board of the HOA: write an application addressed to the chairman in two copies, one to keep.

2. In "Rospotrebnadzor".

3. To the state housing inspection.

4. To the prosecutor's office.

Housing Association

creation and selection of a control method in an apartment building

A homeowners association (HOA) is a legal entity, a non-profit organization created on the basis of an association of owners of premises in an apartment building or owners of neighboring plots with residential buildings (houses) for the joint management of those premises of this house and lands that are jointly owned and used, and also for conducting business activities in such a house and on land that is jointly owned, in the form of exploitation of common property, construction of additional premises and objects of common property, as well as leasing, leasing part of the common property in an apartment building or a common land plot.

A homeowners association is the Russian equivalent of a condominium.

Methodology of work on the creation of an HOA

Methodology of work on the creation of associations of homeowners (taking into account the provisions of the Housing Code of the Russian Federation, which entered into force on 01.03.2005)

In accordance with Art. 36. Housing Code Russian Federation(hereinafter the LC RF) owners of premises in an apartment building own, on the basis of common shared ownership, premises in this building that are not part of apartments and are intended to serve more than one room in this building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements with engineering communications, other equipment serving more than one room in this house (technical basements), as well as roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one room, the land plot on which this house is located, with landscaping and landscaping elements and other objects intended for maintenance, operation and improvement of this house located on the specified land plot (hereinafter referred to as the general property in an apartment building).

The owners of premises in an apartment building own, use and, within the limits established by the Code and civil legislation, dispose of common property in an apartment building.

The share in the right of common ownership of common property in an apartment building of the owner of the premises in this house is proportional to the size total area the specified premises (Article 37 of the Housing Code of the Russian Federation).

The owners of premises in an apartment building bear the burden of maintaining the common property in an apartment building. At the same time, the share of mandatory expenses for the maintenance of common property in an apartment building is determined by the share in the ownership of common property in such a house (Article 39 of the LC RF).

Thus, each owner of premises in an apartment building has the right and opportunity to participate in the management of his apartment building. Since the property is common, the decision on the procedure for its use, the method of managing it must be taken jointly.

In accordance with Art. 44 of the Housing Code of the Russian Federation, the general meeting of owners of premises in an apartment building is the management body of an apartment building, whose competence includes:

1) making decisions on the reconstruction of an apartment building (including with its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures, repair of common property in an apartment building;

2) making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use;

3) making decisions on the transfer for use of common property in an apartment building;

4) choice of a way to manage an apartment building;

5) other issues referred by the Code to the competence of the general meeting of owners of premises in an apartment building.

Choosing how to manage an apartment building

In accordance with Art. 161 of the Housing Code of the Russian Federation, the management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house.

The owners of premises in an apartment building are required to choose one of the ways to manage the apartment building:

1) direct management of the owners of premises in an apartment building;

2) management of an association of homeowners or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

The method of managing an apartment building is chosen at a general meeting of owners of premises in an apartment building and can be changed at any time based on its decision. The decision of the general meeting on the choice of management method is binding on all owners of premises in an apartment building.

If the owners of the premises in an apartment building have not decided on their own, the city will do it for them by holding open competition selection managing organization. With the organization that won the competition, the city will conclude an agreement on the management of an apartment building.

An apartment building can be managed by only one managing organization.

homeowners association

The creation of a homeowners association (hereinafter referred to as the HOA) makes it possible to most fully exercise the rights of the owners of the premises of an apartment building to manage and dispose of common property, makes the scheme of receipt and expenditure of funds collected from the owners and tenants of premises in the house more transparent, creates favorable opportunities for attracting investments and improving living conditions.

A homeowners association is a non-profit organization, an association of owners of premises in an apartment building for the joint management of a complex of real estate in an apartment building, ensuring the operation of this complex, possession, use and, within the limits established by law, disposal of common property in an apartment building.

The charter of an association of homeowners is adopted at a general meeting, which is held in the manner prescribed by articles 45 - 48 of the Housing Code of the Russian Federation, by a majority vote of the total number of votes of the owners of premises in an apartment building.

A homeowners association is a legal entity from the moment of its state registration. The homeowners association has a seal with its name, a bank account, and other details of a legal entity.

Owners of premises in one apartment building can create only one association of homeowners. The decision to establish an association of homeowners is made by the owners of premises in an apartment building at their general meeting. Such a decision is considered adopted if the owners of the premises in the corresponding apartment building, having more than fifty percent of the votes of the total number of votes of the owners of the premises in such a building, voted for it (Article 136 of the LC RF).

A homeowners association can be created by combining:

1) several apartment buildings, the premises in which belong to different (at least two) owners of premises in an apartment building, with land plots located on a common land plot or several neighboring (bordering) land plots, utility networks and other infrastructure elements;

2) several nearby buildings, structures or structures - residential buildings intended for the residence of one family, country houses with or without household plots, garages and other objects located on a common land plot or several neighboring (bordering) land plots, networks of engineering and technical support and other elements of infrastructure.

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

The rights of the HOA (Article 137 of the LC RF).

1. An association of homeowners has the right to:

1) conclude, in accordance with the law, an agreement on the management of an apartment building, as well as agreements on the maintenance and repair of common property in an apartment building, agreements on the provision of public services and other agreements in the interests of members of the partnership;

2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property in an apartment building, the costs of major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as expenses for other purposes established by this chapter and the charter of the partnership;

3) establish, on the basis of the accepted estimate of income and expenses for the year of the partnership, the amounts of payments and contributions for each owner of premises in an apartment building in accordance with his share in the right of common ownership of common property in an apartment building;

4) perform work for the owners of premises in an apartment building and provide services to them;

5) use the loans provided by banks in the manner and on the terms provided for by law;

6) to transfer, under the contract, material and monetary resources to persons who perform work for the partnership and provide services to the partnership;

7) sell and transfer for temporary use, exchange property belonging to the partnership.

2. In cases where this does not violate the rights and legitimate interests of the owners of premises in an apartment building, the homeowners association has the right:

1) provide for use or limited use of a part of the common property in an apartment building;

2) in accordance with the requirements of the legislation in in due course build on, rebuild part of the common property in an apartment building;

3) to receive for use or receive or acquire into common shared ownership of the owners of premises in an apartment building land for the implementation of housing construction, the construction of utility and other buildings and their further operation;

4) to carry out, in accordance with the requirements of the law, on behalf of and at the expense of the owners of premises in an apartment building, the development of allocated land plots adjacent to such a house;

5) conclude transactions and perform other actions that meet the goals and objectives of the partnership.

3. In the event that the owners of premises in an apartment building fail to fulfill their obligations to participate in the general expenses, the homeowners association in judicial order has the right to demand compulsory reimbursement of obligatory payments and contributions.

4. An association of homeowners may demand in court full compensation for the losses caused to it as a result of the non-fulfillment by the owners of premises in an apartment building of obligations to pay mandatory payments and contributions and pay other general expenses.

Duties of the HOA (Article 138 of the LC RF).

The Homeowners Association is required to:

1) ensure compliance with the requirements of this chapter, the provisions of other federal laws, other regulatory legal acts, as well as the charter of the partnership;

2) conclude agreements on the maintenance and repair of common property in an apartment building with owners of premises in an apartment building who are not members of the partnership;

3) fulfill, in the manner prescribed by law, obligations under the contract;

4) ensure proper sanitary and technical condition common property in an apartment building;

5) ensure the fulfillment by all owners of premises in an apartment building of obligations for the maintenance and repair of common property in an apartment building in accordance with their shares in the right of common ownership of this property;

6) ensure observance of the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for the possession, use and disposal of common property;

7) take measures necessary to prevent or stop the actions of third parties that impede the exercise of the rights of possession, use and, within the limits established by law, the disposal of owners of premises with common property in an apartment building or hinder this;

8) represent the legitimate interests of the owners of premises in an apartment building, including in relations with third parties.

Algorithm for creating HOAs in multi-apartment buildings with mixed ownership (state and private)

At the first stage, it is proposed to select for holding meetings of owners of premises to choose a method of management those objects of the housing stock in the districts in which the share of privatized housing and non-residential premises privately owned exceeds 50%.

In the future, it is advisable to assess the feasibility of creating associations of homeowners on a territorial basis (in neighborhoods where the share of objects under the management of associations of homeowners exceeds 2/3).

The objects of the housing stock, with a predominance of state ownership, before the creation of associations of homeowners, are managed by a state-authorized managing organization and can be considered as the basis for the formation of LOTs for transferring the housing stock to management on a competitive basis. If there are house committees or initiative groups of citizens in such houses to create an HOA, it is advisable to hold a general meeting to choose the form of management in such apartment buildings.

The General Meeting may be convened at the initiative of the owners of premises (both residential and non-residential), including St. Petersburg through their representatives who have appropriate powers of attorney to represent the interests of St. Petersburg dated 05.10.1995 No. 1071-r or other newly introduced normative legal documents).

A general meeting convened without prior preparation is doomed to failure. In order for the general meeting of homeowners to take place and be legitimate, it is necessary to create an initiative group to prepare the meeting.

In order to identify initiative citizens who will later form the basis of the initiative group, it is advisable to initially convene a trial general meeting by posting appropriate announcements on the entrance doors of entrances or in elevator cabins. It is advisable to post announcements at least 10 days before the date of the meeting and during the entire period of preparation of the meeting to monitor their safety.

The notice of the general meeting shall indicate: on whose initiative the general meeting is convened, the place and time of the meeting, the agenda of the meeting. The General Meeting is not entitled to submit for discussion issues that were not stated on the agenda.

Each owner of the premises at the general meeting has the number of votes in proportion to the share of his participation, established in accordance with the provisions of the Housing Code of the Russian Federation.

In accordance with paragraph 7 of Art. 10 of the Law of St. Petersburg dated July 16, 2001 No. 572-73 “On housing policy Petersburg”, in the case when more than 30 percent of the area of the premises in the house is in state ownership, the representative of St. Petersburg transfers votes in excess of 30% for their proportional distribution among the other owners of the premises. At the same time, the participation of St. Petersburg in the costs associated with the maintenance, operation and repair of the house remains proportional to the size of the total area of residential and non-residential premises owned by it.

In accordance with paragraph 8 of the said article of the Law "On the housing policy of St. Petersburg", when choosing the form of management of an apartment building, the body of the Administration of St. Petersburg, authorized to represent St. Petersburg in this house, is obliged:

to support the decision to establish an HOA in cases where St. Petersburg owns no more than fifty percent of the total area of residential and non-residential premises;

Thus, in any case, the city creates favorable conditions so that the decision of the owners to create an HOA can be implemented.

By the beginning of the meeting, it is advisable to prepare a list of apartments and non-residential premises that are in private ownership, if possible, indicating data on the owners of the premises and the total area of the premises, as well as their share in the total useful area of an apartment building. The total area of premises owned by St. Petersburg and its share in the total usable area of an apartment building should also be determined. This information is available in the registration authorities of district housing agencies, as well as in the registration authorities for real estate rights (RRT).

To participate in the voting of the owners of the premises, it is advisable to have several copies of the list: one for registration of the owners of the premises who took part in the general meeting and one list for voting on issues submitted to the general meeting. In the lists intended for voting, it is advisable to have three additional columns (for voting “For”, “Against” or “Abstaining”.

The registration sheet of participants in the general meeting and the voting sheets on issues submitted to the meeting at the end of the meeting must be filed with the minutes of the meeting and form a single whole with it.

The general meeting is competent if it is attended by the owners of the premises or their representatives, who have more than 50 percent of the votes of the total number of votes of the owners of the premises of the building.

The general meeting is chaired by the chairman of the meeting, who is elected by a majority vote of the present owners of the premises or their representatives. A meeting secretary is elected to take minutes of the meeting.

The first meeting is led by the meeting initiator.

At the general meeting, a decision is made to form an association of homeowners, approve its charter, and also select members of the board of the HOA and the audit commission (auditor) of the HOA.

A model charter for a homeowners association can be obtained from in electronic format in the Housing Committee of St. Petersburg, as well as in the district housing agency or Zhilkomservis OJSC.

The decision of the general meeting, adopted in the manner prescribed above, is binding on all homeowners, including those who, regardless of the reasons, did not take part in the vote.

If the first meeting turned out to be illegitimate (less than 50% of the owners took part in the meeting, taking into account their share in the total usable area of the house), it is advisable to create an initiative group to prepare the next meeting of the owners of the premises from among the initiative participants of the first general meeting. To facilitate the work, it is advisable, depending on the type of house and the number of rooms in it, to include 1-3 representatives from each entrance into the initiative group.

The initiative group appoints a new date, place and time for the general meeting. A newly appointed general meeting may be convened no earlier than 48 hours and no later than 30 days from the date of the previously failed general meeting.

When preparing for the next general meeting, it is advisable for the members of the initiative group to conduct a selective tour of privatized apartments to find out the position of the owners of the premises and their ability to take part in the general meeting. If the apartment owner expresses his readiness to take part in the meeting, it is advisable to leave him a written reminder of the date of the meeting and let him sign in the appropriate column of the sheet for notifying the owners of the premises about convening a general meeting of homeowners. A notice of a general meeting of the owners of the premises of the house may also be sent to the owners by registered mail.

If for some reason the apartment owner is unable to take part in the general meeting of homeowners, but at the same time speaks in favor of creating an HOA, he can issue a power of attorney drawn up in a simple form to a member of the initiative group, his neighbor or any other individual. writing, with the obligatory indication of the Last Name, First Name and Patronymic of the owner of the apartment, the total area of the apartment, the number and date of issue of the certificate of ownership of the apartment. Family members of the owner, who are not participants in shared ownership, may also take part in the meeting only upon presentation of an appropriate power of attorney.

During the regular general meeting, persons having powers of attorney for the right to vote shall vote on behalf of the owners who issued the powers of attorney.

In accordance with Art. 47 of the Housing Code of the Russian Federation, a general meeting of owners of premises in an apartment building can be held in the form of absentee voting. This voting option can be used for a large apartment building, when it is not possible to gather the majority of owners at the same time in one room, as well as in cases where decisions were made during the general meeting, but there was not enough quorum for them to enter into force.

Those who took part in the general meeting of owners of premises in an apartment building, held in the form of absentee voting, are considered to be the owners of premises in this house, whose decisions were received before the deadline for their acceptance.

In the decision of the owner on the issues put to the vote, the following must be indicated:

2) information about the document confirming the ownership of the person participating in the vote to the premises in the relevant apartment building;

3) decisions on each item on the agenda, expressed as "for", "against" or "abstained".

Voting on the agenda of the general meeting of owners of premises in an apartment building, held in the form of absentee voting, is carried out only through written decisions of the owners on the issues put to a vote.

When the general meeting of homeowners makes a decision to establish an HOA, the initiator of the meeting or a person authorized by the homeowners draws up the minutes of the meeting, makes 2-3 notarized copies and submits the documents for registration of the HOA to the tax authority at the location of the partnership. The powers of the person authorized to register the HOA must be reflected in the minutes of the general meeting.

Registration of a newly created partnership of homeowners in St. Petersburg on the principle of "one window" can be carried out by the Interdistrict Inspectorate of the Ministry of Taxation of Russia No. 15 for St. Petersburg located at the address: St. Petersburg, st. Professor Popov, house 39. letter A (Code 78086).

During state registration of a legal entity being created, it is necessary to submit to the registering authority:

application for state registration in the form No. 11001 (Appendix No. 1) to Decree of the Government of the Russian Federation of June 19, 2002 No. 439 (as amended by Decree of the Government of the Russian Federation of February 26, 2004 No. 11O);

decision to establish a homeowners association in the form of minutes of the general meeting (original or notarized copy);

2 copies of the charter of the homeowners association (stitched, numbered and approved by the general meeting of homeowners);

a receipt for payment of the state duty for registering a partnership (2000 rubles must be transferred to the settlement account of the Interdistrict Inspectorate of the Ministry of Taxes of Russia No. 15 for St. Petersburg, details can be found at the stand in the Interdistrict Inspectorate of the Ministry of Taxes and Duties).

Only members of the HOA can be elected to the governing bodies of the HOA.

Family members of the owner of premises in an apartment building who are not owners can represent the interests of the owner at a general meeting of homeowners or the interests of a member of an HOA at a general meeting of members of an HOA if they have an appropriate power of attorney for the right to participate in the meeting and vote.

After registering the partnership, it is necessary to open an HOA account in the bank and provide data on the creation of the partnership to the former balance holder of the house (Housing Agency). The transfer of the house to the management of the HOA is carried out by a specially created commission, with the participation of representatives of the agency and the management bodies of the HOA. The building is transferred to the balance sheet of the HOA under the act of acceptance and transfer (standard interdepartmental form N OS-1a) with the application technical documentation on the building, in accordance with the rules and regulations technical operation housing stock, approved by the resolution of the State Committee of the Russian Federation for Construction and Housing and Communal Complex No. 170 dated September 27, 2003.

The transfer of an apartment building to the balance of a management organization authorized by the owners does not lead to a change in ownership of residential and non-residential premises.

After accepting the house for management of the partnership, it is necessary to send appropriate written notifications to the district administration, the district agency of the Committee for City Property Management (RA KUGI), the district housing agency (RZHA).

From the moment the house is accepted for management in the above manner, the HOA has the right to conclude contracts with utility service providers and specialized contractors, acting on behalf of the owners of an apartment building, as well as accrue appropriate payments for the provision of housing and communal services to owners, tenants and tenants of the premises of the house, in accordance with applicable law.