Organization and activity of housing and housing construction. Housing cooperative. What you should pay attention to when buying apartments for housing cooperatives

Article 110

1. A housing or housing-construction cooperative is a voluntary association of citizens and, in the cases established by this Code and other federal laws, legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as to manage an apartment building.

1.1. This Code defines legal status housing and housing-construction cooperatives, including the peculiarities of their civil status (paragraph 4 of article 49 Civil Code Russian Federation).
(Part 1.1 was introduced by Federal Law No. 7-FZ of January 31, 2016)

2. Members of a housing cooperative shall participate with their own funds in the acquisition, reconstruction and subsequent maintenance of an apartment building. During the reconstruction of an apartment building, a housing cooperative, in accordance with the legislation on urban planning, acts as a developer and ensures the reconstruction of this house on its land plot in accordance with the building permit issued to such a cooperative.
(Part 2 as amended by Federal Law No. 349-FZ dated November 30, 2011)

3. Members of a housing-construction cooperative shall participate with their own funds in the construction, reconstruction and subsequent maintenance of an apartment building. A housing construction cooperative, in accordance with the legislation on urban planning, acts as a developer and ensures the construction and reconstruction of an apartment building on its land plot in accordance with the construction permit issued to such a cooperative. A housing construction cooperative, with the exception of housing construction cooperatives, the creation of which is provided for by the Federal Law of July 24, 2008 No. 161-FZ "On Assistance to the Development of Housing Construction", is not entitled to simultaneously construct more than one apartment building with more than three floors.
(as amended by Federal Laws No. 349-FZ dated November 30, 2011, No. 236-FZ dated July 13, 2015)

4. Housing and housing construction cooperatives (hereinafter also referred to as housing cooperatives) are consumer cooperatives.

5. The provisions of this chapter do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens in housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the said federal laws.

6. In the event that the owners of the premises choose apartment building method of managing an apartment building by a housing cooperative within five working days from the date of the decision on state registration of a housing cooperative, the body carrying out state registration of legal entities, the housing cooperative shall submit to the state housing supervision body information on the choice of the method of managing an apartment building by a housing cooperative and a notification of the start of implementation activities for the management of an apartment building in the manner established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(Part 6 was introduced by Federal Law No. 485-FZ of December 31, 2017; as amended by Federal Law No. 390-FZ of December 2, 2019)

6.1. In the event that a housing cooperative concludes an agreement on the management of an apartment building with a managing organization of a housing cooperative, within five working days from the date of conclusion of the said agreement, information on the conclusion of the said agreement is submitted to the state housing supervision body in the manner established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(Part 6.1 was introduced by Federal Law No. 390-FZ of December 2, 2019)

6.2. In the event of termination or termination of an apartment building management agreement concluded between a housing cooperative and a managing organization, a housing cooperative, within five working days from the date of termination or termination of the said agreement, information on the conclusion of an apartment building management agreement with another managing organization or notification of the beginning of the housing cooperative's activities to manage an apartment building in the manner established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(Part 6.2 was introduced by Federal Law No. 390-FZ of December 2, 2019)

7. If the general meeting of owners of premises in an apartment building makes a decision to change the method of managing an apartment building by a housing cooperative, within five working days from the date of this decision, the housing cooperative shall submit to the state housing supervision body information on the termination of management of an apartment building by a housing cooperative in the manner, established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(Part 7 was introduced by Federal Law No. 485-FZ of December 31, 2017)

Article 111. The right to join housing cooperatives

1. A member of a housing cooperative may be:

1) a citizen who has reached the age of sixteen;
2) entity in the case established by the legislation of the Russian Federation;
3) a legal entity that is the owner of premises in an apartment building, if the housing cooperative manages the common property in this apartment building.
(Part 1 as amended by Federal Law No. 349-FZ dated November 30, 2011)

2. The categories of citizens specified in Article 49 of this Code have the priority right to join housing cooperatives organized with the assistance of bodies state power Russian Federation, public authorities of the constituent entities of the Russian Federation or bodies local government.

Article 112. Organization of a housing cooperative

1. The number of members of a housing cooperative may not be less than five, but must not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative.

2. The decision to organize a housing cooperative is taken by the meeting of founders.

3. Persons wishing to organize a housing cooperative have the right to participate in the meeting of founders of a housing cooperative.

4. The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter is considered adopted, provided that the persons wishing to join the housing cooperative (founders) voted for this decision.

5. Members of a housing cooperative from the moment of its state registration as a legal entity become persons who voted for the organization of a housing cooperative.

6. The decision of the meeting of founders of a housing cooperative is documented in a protocol.

Article 113

1. The charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and purpose of its activities, the procedure for becoming a member of the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the composition and procedure for making on admission and share contributions, on liability for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and the bodies of control over the activities of the cooperative, the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering the losses incurred by members of the cooperative, the procedure for reorganization and liquidation of the cooperative.

1.1. The charter of a housing cooperative may provide for the use of a system or other information system when resolving issues related to management in a housing cooperative, taking into account the functions of these systems.
(Part 1.1 was introduced by Federal Law No. 263-FZ of July 21, 2014)

2. The charter of a housing cooperative may contain other federal laws provisions.

Article 114. State registration of a housing cooperative

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

Article 115

The governing bodies of a housing cooperative are:

1) general meeting of members of a housing cooperative;
2) conference, if the number of participants general meeting there are more than fifty members of the housing cooperative and this is provided for by the charter of the housing cooperative;
3) the board of the housing cooperative and the chairman of the board of the housing cooperative.

Article 116. Management in a housing cooperative

1. The supreme management body of a housing cooperative is the general meeting of members of the cooperative (conference), which is convened in the manner prescribed by the charter of the cooperative.

2. The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative in accordance with this Code.

Article 116.1. Requirements for officials of a housing cooperative

(introduced by Federal Law No. 123-FZ dated 04.06.2011)

Members of the board of a housing cooperative (including the chairman of the board of the cooperative), member audit commission(Auditor) of the cooperative, as well as the chief accountant (accountant in the absence of the chief accountant in the staff) of the cooperative cannot be citizens:

1) having a conviction for intentional crimes;
2) in respect of which the period during which they are considered subject to administrative punishment in the form of disqualification has not expired;
3) who previously held the positions of the head, his deputy or chief accountant (accountant in the absence of a chief accountant in the staff) of an organization that carried out activities in the field of construction, reconstruction, overhaul objects capital construction, engineering surveys for construction, architectural and construction design, or were individual entrepreneurs who carried out activities in these areas, if such an organization, individual entrepreneurs were excluded from membership self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction projects or were declared insolvent (bankrupt) and less than three years have passed from the moment of such exclusion or completion of the relevant procedure applied in an insolvency (bankruptcy) case.

Article 117. General meeting of members of a housing cooperative

1. The general meeting of members of a housing cooperative is competent if more than fifty percent of the members of the cooperative are present at it. The decision of the general meeting of members of a housing cooperative, unless otherwise provided by this Code, is considered adopted, provided that more than half of the members of the housing cooperative who attended such a general meeting voted for it, and on issues specified in the charter of the housing cooperative, more than three-quarters of the members housing cooperative who were present at such a general meeting.
(as amended by Federal Law No. 236-FZ of July 13, 2015)

2. The decision of the general meeting of members of a housing cooperative, adopted in the prescribed manner, is binding on all members of a housing cooperative.

3. The general meeting of members of a housing cooperative elects the management bodies of the housing cooperative and the bodies of control over its activities.

4. The decision of the general meeting of members of a housing cooperative is documented in a protocol.

5. In the case provided for by paragraph 1.1 of Article 113 of this Code, the holding of a general meeting of members of a housing cooperative using the system is carried out in compliance with the requirements established by Article 47.1 of this Code.
(Part 5 was introduced by Federal Law No. 263-FZ of July 21, 2014)

Article 118

1. The board of a housing cooperative is elected from among the members of the housing cooperative by the general meeting of members of the housing cooperative (conference) in the number and for the period determined by the charter of the cooperative.

2. The procedure for the activities of the board of a housing cooperative and the procedure for making decisions by it are established by the charter and internal documents of the cooperative (regulations, regulations or other document of the cooperative).

3. The board of a housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not referred by the charter of the cooperative to the competence of the general meeting of members of the cooperative.

4. The board of a housing cooperative is accountable to the general meeting of members of the cooperative (conference).

Article 119

1. The chairman of the board of a housing cooperative is elected by the board of a housing cooperative from among its members for a period determined by the charter of the housing cooperative.

2. Chairman of the board of a housing cooperative:

1) ensures the implementation of decisions of the board of the cooperative;
2) acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions;
3) exercise other powers not referred by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.

3. The chairman of the board of a housing cooperative, when exercising his rights and fulfilling his duties, must act in the interests of the cooperative in good faith and reasonably.

Article 120

1. To exercise control over the financial economic activity of the housing cooperative, the general meeting of members of the cooperative (conference) elects an audit commission (auditor) of the housing cooperative for a term of not more than three years. The number of members of the audit commission of a housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, as well as hold other positions in the management bodies of a housing cooperative.

2. The audit commission of a housing cooperative elects the chairman of the audit commission from among its members.

3. The audit commission (auditor) of a housing cooperative:

1) without fail conducts scheduled audits of the financial and economic activities of the housing cooperative at least once a year;
2) submits to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;
3) reports to the general meeting of members of the cooperative (conference) on its activities.

4. The Audit Commission (Auditor) of a housing cooperative has the right to inspect the financial and economic activities of the cooperative at any time and have access to all documentation relating to the activities of the cooperative.

5. The procedure for the work of the audit commission (auditor) of a housing cooperative is determined by the charter of the cooperative and other documents of the cooperative.

Article 121

1. A citizen or a legal entity wishing to become a member of a housing cooperative shall submit to the board of the housing cooperative an application for admission to membership in a housing cooperative.

2. An application for admission to membership in a housing cooperative must be considered within a month by the board of the housing cooperative and approved by the decision of the general meeting of members of the housing cooperative (conference). A citizen or legal entity is recognized as a member of a housing cooperative from the moment the entrance fee is paid after the decision on admission to membership in a housing cooperative is approved by the general meeting of members of the cooperative (conference).

Article 122. Reorganization of a housing cooperative

A housing cooperative, by decision of the general meeting of its members (conference), may be transformed into a homeowners' association.

Article 123. Liquidation of a housing cooperative

A housing cooperative may be liquidated on the grounds and in the manner prescribed by civil law.

Article 123.1. Features of the organization and activities of a housing-construction cooperative engaged in the construction of an apartment building

1. A housing construction cooperative that builds an apartment building at the expense of members of the cooperative is obliged to place in the unified information system of housing construction provided for by Federal Law No. 214-FZ of December 30, 2004 "On Participation in Shared Construction apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation" (hereinafter - the unified information system for housing construction), the charter of the cooperative, as well as the following documents and information:

1) the number of members of a housing-construction cooperative;
2) a permit for the construction of an apartment building, in the construction of which members of a housing-construction cooperative participate with their own funds;
3) the rights of a housing construction cooperative to a land plot, including the details of the title document to the land plot, information about the owner of the land plot (if the housing construction cooperative is not the owner of the land plot), cadastral number and area of the land plot provided for the construction of an apartment building, information about the elements of improvement;
4) the location of the apartment building under construction and its description, prepared in accordance with the project documentation, on the basis of which the building permit was issued;
5) the number of residential premises in the apartment building under construction, description specifications such residential premises in accordance with the project documentation, as well as changing the specified information in case of entering into project documentation relevant changes;
6) the expected period for obtaining a permit for the commissioning of an apartment building under construction.

2. A housing construction cooperative, at the request of a member of this cooperative, is obliged to provide for review, including using the unified information system for housing construction:
(as amended by Federal Law No. 478-FZ of December 25, 2018)

1) the conclusion of the examination of design documentation, if the conduct of such an examination is established by federal law;
2) project documentation, including all changes made to it;
3) documents confirming the rights of a housing construction cooperative to a land plot;
4) minutes of general meetings of members of a housing-construction cooperative, meetings of its board and the audit commission (auditor) of the cooperative;
5) documents confirming the voting results, including voting ballots, and powers of attorney for participation in the general meeting of members of a housing construction cooperative or copies of such powers of attorney;
6) conclusions of the audit commission (auditor) of a housing-construction cooperative;
7) other documents provided for by this Code, the charter of a housing construction cooperative, its internal documents, decisions of the general meeting of members of this cooperative.

3. A housing construction cooperative is obliged to maintain, including in the unified information system for housing construction, a register of its members containing the following information:
(as amended by Federal Law No. 478-FZ of December 25, 2018)

1) surname, name and (if any) patronymic of a member of a housing-construction cooperative or, if a member of a housing-construction cooperative is a legal entity, the name of the legal entity;
2) determination, in accordance with the project documentation, of a specific residential premises, the ownership of which is acquired by a member of a housing-construction cooperative in the event of payment of a share contribution in full;
3) the amount of entrance and share contributions in respect of each member of a housing-construction cooperative.

4. The decision of the general meeting of members of a housing-construction cooperative on the issue of making changes to the project documentation is considered adopted, provided that more than three-quarters of the members of the housing-construction cooperative who were present at such a general meeting voted for it.

5. Carrying out, in accordance with the legislation on participation in shared construction of apartment buildings and (or) other real estate objects, state control (supervision) in the field of shared construction of apartment buildings and (or) other real estate objects authorized body executive power of the constituent entity of the Russian Federation, on the territory of which the construction of an apartment building is carried out (hereinafter in this chapter - the controlling body), receives the information contained in the register of members of a housing construction cooperative, as well as other information provided for in this article, from a unified information system for housing construction .
(as amended by Federal Law No. 478-FZ of December 25, 2018)

Article 123.2. Control over the activities of a housing-construction cooperative

(introduced by Federal Law No. 236-FZ of July 13, 2015)

1. Control over the activities of a housing-construction cooperative related to raising funds from members of the cooperative for the construction of an apartment building, as well as over compliance by the housing-construction cooperative with the requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code shall be carried out the controlling authority. Upon completion of the construction of an apartment building and obtaining a permit for its commissioning, housing construction cooperatives are subject to state housing supervision in the manner prescribed by Article 20 of this Code.

2. When exercising control, the controlling body has the right to:

1) receive, in the manner of interdepartmental information interaction, from the federal executive body responsible for the formation of official statistical information on social, economic, demographic, environmental and other public processes in the Russian Federation and its territorial bodies, documents and information necessary to exercise control over the activities of a housing construction cooperative related to raising funds from cooperative members for the construction of an apartment building;
(as amended by Federal Laws No. 304-FZ of July 3, 2016, No. 272-FZ of July 29, 2018)
1.1) exercise control over compliance by the housing-construction cooperative with the requirements established by part 1 of Article 123.1 of this Code for the placement of information and documents by it;
(Clause 1.1 was introduced by Federal Law No. 304-FZ of July 3, 2016)
2) receive, in the manner of interdepartmental information exchange, from local governments documents and information necessary to exercise control over the activities of a housing construction cooperative related to raising funds from cooperative members for the construction of an apartment building by a housing construction cooperative (including documents related to the construction apartment building);

2.1) receive, in the manner of interdepartmental information interaction, from the federal executive body exercising the functions of control and supervision over compliance with the legislation on taxes and fees, an extract from the unified state register of legal entities (the information contained therein), documents and information necessary for the implementation control over the activities of housing construction cooperatives related to the attraction Money citizens for the construction of an apartment building by a housing-construction cooperative;
(Clause 2.1 was introduced by Federal Law No. 304-FZ of July 3, 2016)
2.2) receive, in the manner of interdepartmental information interaction, from the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of internal affairs, documents and information necessary to monitor compliance with the requirements established by paragraph 1 of Article 116.1 of this Code;
(Clause 2.2 was introduced by Federal Law No. 304-FZ of July 3, 2016)
3) carry out, in accordance with paragraph 4 of this article, an audit of the activities of a housing construction cooperative related to raising funds from members of the cooperative for the construction of an apartment building;
3.1) receive, in the manner of interdepartmental information interaction, from the rights registration authority documents and information necessary to control the activities of a housing construction cooperative related to raising funds from citizens for the construction of an apartment building by a housing construction cooperative;
(Clause 3.1 was introduced by Federal Law No. 304-FZ of July 3, 2016)
3.2) receive from a housing construction cooperative and other persons with whom such a cooperative has entered into agreements related to the construction of an apartment building, in accordance with Article 11 of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control "the term documents and information that are necessary for the implementation of state control (supervision) over the activities of a housing construction cooperative related to raising funds from citizens for the construction of an apartment building by a housing construction cooperative, and a list of which established by the state authorities of the constituent entities of the Russian Federation;
(Clause 3.2 was introduced by Federal Law No. 304-FZ of July 3, 2016)
3.3) receive quarterly reports from the housing-construction cooperative on the implementation of the activities of the housing-construction cooperative related to the attraction of funds from citizens for the construction of an apartment building by the housing-construction cooperative, including on the fulfillment by such a cooperative of its obligations to members of the cooperative and other persons, according to in the forms and in the manner established by the federal executive body authorized by the Government of the Russian Federation, as well as interim and annual accounting (financial) statements drawn up in accordance with the requirements of the legislation of the Russian Federation;
(Clause 3.3 was introduced by Federal Law No. 304-FZ of July 3, 2016)
4) demand from the management bodies of the housing-construction cooperative to eliminate the identified violations;
5) consider complaints from citizens and legal entities related to violations by a housing construction cooperative of the requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code;
5.1) take the measures necessary to bring housing cooperatives (their officials) to account, established by federal laws and the legislation of the Russian Federation on administrative offenses;
(Clause 5.1 was introduced by Federal Law No. 304-FZ of July 3, 2016)
6) apply to the court with an application in defense of the rights and legitimate interests of members of a housing-construction cooperative, provided for by this chapter, who participate in the construction of an apartment building with their own funds, in case of violation of such rights and interests;
7) send binding instructions to the housing construction cooperative to eliminate violations of the requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code and set deadlines for eliminating such violations;
8) take the measures necessary to bring the housing construction cooperative, its officials to account, established by this chapter and the legislation of the Russian Federation on administrative offenses;
9) send materials related to violations of mandatory requirements to law enforcement agencies to resolve issues of initiating criminal cases on the grounds of crimes;
(Clause 9 was introduced by Federal Law No. 304-FZ of July 3, 2016)
10) exercise other powers provided for by federal laws.
(Clause 10 was introduced by Federal Law No. 304-FZ of July 3, 2016)

3. In the event that a housing-construction cooperative fails to comply within the period established by the supervisory authority with an order to eliminate the identified violations, and also if these violations pose a real threat to the rights and legitimate interests of members of a housing-construction cooperative, the supervisory authority has the right to issue an order to suspend the activities of the housing - a building cooperative to attract new members of the cooperative until the housing cooperative eliminates the relevant violations. In case of non-fulfillment of its instructions by a housing-construction cooperative, the controlling body has the right to apply to the court with a demand to liquidate this cooperative.

4. The subject of verification of the activities of a housing-construction cooperative related to the attraction of funds from members of the cooperative for the construction of an apartment building is the compliance by the housing-construction cooperative with the mandatory requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code.

5. The basis for the regulatory body in the territory of the constituent entity of the Russian Federation where construction is carried out, a scheduled inspection is the expiration of one year from the date of issuance of a construction permit to a housing construction cooperative or from the date of completion of the last scheduled inspection of such a cooperative in the territory of the constituent entity of the Russian Federation, on which construction is taking place.

6. The basis for an unscheduled inspection is:

1) the expiration of the term for the execution by the housing-construction cooperative of the order issued by the supervisory authority to eliminate the violation of the requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code;
(as amended by Federal Law No. 304-FZ of July 3, 2016)
2) receipt of appeals and applications of citizens, including individual entrepreneurs, legal entities, information from state authorities, local governments, from the media, the Internet information and telecommunication network, as well as from the unified information system of the housing construction on facts of violation of the requirements of part 3 of article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and article 123.1 of this Code;
(as amended by Federal Law No. 478-FZ of December 25, 2018)
3) the requirement of the prosecutor to conduct an unscheduled inspection within the framework of supervision over the implementation of laws on the materials and appeals received by the prosecutor's office.

7. When exercising control, the controlling body shall post on its official website on the information and telecommunication network "Internet" information on the conducted inspections of the activities of the housing construction cooperative, with the exception of information, access to which is limited by the legislation of the Russian Federation, as well as information on bringing to administrative responsibility for violation of the requirements of this Code and other requirements established by law.
(Part 7 was introduced by Federal Law No. 304-FZ of July 3, 2016)

As is known, in 2005 the housing legislation, including the legislation on housing construction cooperatives, underwent significant changes. If earlier legal regulation housing cooperatives was limited, in fact, to article 116 of the civil code, now an entire chapter in the housing code of the Russian Federation is devoted to this issue. The article analyzes in detail the legal status of housing cooperatives, as well as members of housing cooperatives, taking into account the latest changes in Russian legislation. Special attention devoted to the issues of providing apartments in houses of housing cooperatives, termination of membership in housing cooperatives, eviction of former members of housing cooperatives from cooperative houses and other equally pressing problems.

1. Basics of the legal status of housing cooperatives

As already noted, regulatory framework activities of housing-construction cooperatives are the following norms:
1) Article 116 of the Civil Code of the Russian Federation
2) Section 5 of the Housing Code of the Russian Federation
In accordance with Article 110 of the Housing Code of the Russian Federation, a housing construction cooperative is recognized as a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as manage residential and non-residential premises in a cooperative house. More general is Article 116 of the Civil Code, which gives the concept of a consumer cooperative: "a voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of participants, carried out by combining property shares by its members."

In order to determine the legal status of housing construction cooperatives, it is necessary to subject the norm of Article 116 of the Civil Code of the Russian Federation to a systematic interpretation. This provision is located in paragraph 5 of Chapter 4 of the Civil Code of the Russian Federation - “Non-profit organizations”. Consequently, housing construction cooperatives (as well as other consumer cooperatives) is a non-profit organization, i.e. a legal entity that does not pursue as the main goal of its activities the extraction of profit and does not distribute the profit received among the participants.

In accordance with Article 50 of the Civil Code of the Russian Federation, non-profit organizations may carry out entrepreneurial activity only insofar as it serves the achievement of the goals for which they were created, and correspond to these goals. However, this rule does not apply to consumer cooperatives, and to housing cooperatives in particular. Housing cooperatives have the right to distribute the profits received among their members (clause 5, article 116 of the Civil Code of the Russian Federation, is lex specialis in relation to clause 1, article 50 of the Civil Code of the Russian Federation). Another feature of housing cooperatives is that the provisions of the Federal Law “On non-profit organizations” dated 01/12/1996 (clause 3, article 1 of the said law) are not applicable to them.

Thus, housing cooperatives occupy an intermediate position between commercial and non-commercial organizations. On the one hand, they are non-profit organizations and they are subject to the relevant provisions of the Civil Code of the Russian Federation. On the other hand, unlike other non-profit organizations (including homeowners associations), they have the right to distribute the profits received among their members (this indicates their commercial nature), in addition, the provisions of the Federal Law “On non-profit organizations."

2. Creation of housing cooperatives

When creating housing cooperatives, it is necessary to be guided by articles 111 and 112 of the Housing Code of the Russian Federation, as well as general provisions Civil Code of the Russian Federation on Legal Entities (paragraph 1 of Chapter 4).
According to Article 112 of the Housing Code, a housing cooperative can only be established if it has at least five members. At the same time, the number of members of housing construction cooperatives should not exceed the number of residential premises in a cooperative house. The decision to establish housing-construction cooperatives is taken by the meeting of founders. The Housing Code of the Russian Federation does not establish the procedure for holding such a meeting, however, it is indicated that future members of the housing have the right to take part in such a meeting (apparently, as founders of a cooperative). The decision to establish housing-construction cooperatives is considered adopted if all the persons wishing to join the cooperative voted for it. The decision to establish a cooperative and adopt its charter must be documented in a protocol.
Separately, it is worth highlighting the question of who has the right to join a housing cooperative. Article 111 of the Housing Code of the Russian Federation established that all citizens over the age of 16, as well as legal entities, have the right to join a housing construction cooperative. A cooperative can be created either exclusively by citizens, or exclusively by legal entities, or jointly by citizens and legal entities. If a cooperative is created with the assistance of state authorities of the Russian Federation, constituent entities of the Russian Federation or local governments, then citizens who are recognized in the prescribed manner as poor and registered as in need of better housing conditions have a priority right to join such cooperatives.
The only founding document of a housing cooperative is the charter. The charter is adopted simultaneously with the decision on the organization of housing cooperatives. From the moment of state registration of the cooperative, the charter is mandatory not only for those who voted for its adoption, but also for all other members of housing cooperatives, as well as for the cooperative itself. On the basis of the charter, the housing-construction cooperative will act in commercial circulation, and participate in relations with state and municipal authorities. When developing a charter, one can be guided by exemplary charters of housing cooperatives. So, the Model Charter of a housing-construction cooperative, approved by the Decree of the Council of Ministers of the RSFSR of 02.10.1965 No. 1143, was previously in force. It has now been canceled, but it can serve as a model for developing its own charter for a cooperative. Taking into account the fact that legal statuses housing construction cooperatives and homeowners associations largely coincide (in particular, both housing construction cooperatives and homeowners associations are managing organizations in an apartment building), when developing certain provisions (on the procedure for convening and holding a general meeting, counting votes, etc. .d.) you can take as a basis the exemplary charter of a homeowners association, developed by our lawyers. An exemplary charter of a homeowners' association (taking into account the new housing code of the Russian Federation) was also approved by the Order of the Housing Committee of the Government of St. Petersburg dated March 1, 2005 No. approximate form articles of association of homeowners.
The charter of a housing construction cooperative must necessarily contain the information listed in Articles 52 and 116 of the Civil Code of the Russian Federation, Article 113 of the Housing Code of the Russian Federation, namely:

The name of the housing-construction cooperative (for example, the Garant housing-construction cooperative, the Building Together housing-construction cooperative, the Young Family housing-construction cooperative, etc.; the name must contain)
- its location
- the procedure for managing the activities of a housing-construction cooperative (management bodies, control bodies, the competence of the bodies, and the procedure for making decisions by the bodies of a housing-construction cooperative should be indicated)
- the subject and goals of the activity of a housing-construction cooperative (with this point it is necessary to be very careful, since a housing-construction cooperative, as non-profit organization has special legal capacity and is entitled to carry out only those types of activities that are expressly provided for by the charter)
- the procedure for joining a housing-construction cooperative
- the procedure for exiting a housing-construction cooperative and issuing a share contribution
- the size of the entrance and share fee
- the composition and procedure for making an entrance and share contribution to a housing construction cooperative
- liability for violation of obligations to make share contributions
- the procedure for covering losses of a housing-construction cooperative by members
- procedure for reorganization and liquidation of a housing-construction cooperative.
State registration of a housing-construction cooperative (as well as other legal entities) is carried out at its location, which is the location of the permanent executive body (board) of housing-construction cooperatives. State registration is carried out in accordance with the provisions of the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" dated 08.08.2001 No. 129-FZ. In particular, a state fee of 2,000 rubles is paid for state registration, documents listed in Article 12 of the said law are provided for state registration (an application in the prescribed form with a notarized signature of the applicant, a decision to establish a housing construction cooperative, drawn up by a protocol, an original or a notarized copy of the charter, a document confirming payment of the state fee).
State registration is currently carried out by the territorial bodies of the Federal tax service RF. In particular, in St. Petersburg, state registration is carried out by the Interdistrict Inspectorate of the Federal Tax Service of the Russian Federation No. 15 (Unified Registration Center).
The forms of documents submitted for state registration and the requirements for their completion were approved by Decree of the Government of the Russian Federation of June 19, 2002 No. 439 on approval of the forms and requirements for the execution of documents used for state registration of legal entities ... ".
Together with the application for registration, an application for registration with the tax authority is also submitted, since at present state registration is carried out simultaneously with the tax registration of a legal entity.

The registering body is obliged to make a decision on registration or refusal within 5 working days from the date of submission of documents; and within 5 days from the date of state registration, the tax authority is obliged to issue a certificate of registration. State registration is considered to have taken place at the time of making an entry on the registration of a housing-construction cooperative in the Unified State Register of Legal Entities. From that moment on, a housing-construction cooperative is considered to be established and has the right to carry out its activities.

3. Management of the activities of housing cooperatives

The Housing Code of the Russian Federation rather rigidly fixed the structure of the governing bodies of housing-construction cooperatives. Article 115 of the Housing Code of the Russian Federation is an imperative norm, that is, it cannot be changed by the charter of a cooperative. In accordance with the above article, the system of governing bodies of a housing-construction cooperative includes:
1) General meeting of members of a housing-construction cooperative
2) Board of a housing-construction cooperative
3) Chairman of the board of a housing construction cooperative
Let us analyze in more detail the position of each governing body of a housing-construction cooperative. Let's start with the main, supreme governing body of a housing-construction cooperative - the general meeting of members of the cooperative (in cooperatives, the number of members of which exceeds 50, instead of the board or along with it, a conference of a housing-construction cooperative may operate - a body whose position the housing code does not regulate in any way , therefore, its competence should be established by the charter of a housing-construction cooperative). The Housing Code of the Russian Federation does not regulate the procedure for convening a general meeting, therefore the relevant provisions must also be established by the charter of a housing construction cooperative. You can be guided, for example, by the norms of the housing code on the procedure for convening a general meeting of a homeowners association (Article 146 of the Housing Code of the Russian Federation).

Article 117 of the Housing Code of the Russian Federation establishes that the general meeting is competent if more than 50% of the members of the housing cooperative attended it. Decisions are made by a simple majority of those present, however, the articles of association may indicate issues, decisions on which are made by a qualified majority (3/4). The decision taken at the general meeting is documented in the minutes and is binding on all members of the housing cooperative.

In accordance with the Housing Code of the Russian Federation, the exclusive competence of the general meeting of a housing construction cooperative includes the election of members of the board and the audit commission of the cooperative, the adoption of a decision on the provision of residential premises to members of the cooperative, admission to membership in the cooperative and exclusion from it, as well as some other issues. This list can be expanded by the charter of a housing-construction cooperative.

As for the votes belonging to each member of a housing-construction cooperative, there may be several options for counting them. Let's just name two main ones. First, each member of the cooperative has one vote at the general meeting. The second - a member of a housing-construction cooperative has a number of votes proportional to total area premises belonging to him (residential and (or) non-residential). The charter of a housing-construction cooperative may establish either one of the two named options, or any other that does not contradict the legislation of the Russian Federation.

As for the frequency of holding general meetings, as well as the initiative to hold extraordinary general meetings, the Housing Code of the Russian Federation, again, does not regulate these issues in any way. Consequently, these provisions should be reflected in the charter of a housing-construction cooperative. It can be advised to resort to the rules governing the activities of a homeowners association or to develop the relevant clauses of the charter on your own. The board of a housing-construction cooperative is the executive body of a housing cooperative. Members of the board are elected by the general meeting from among the members of the cooperative for a period established by the charter of the housing cooperative. The activities of the board, in addition to the charter, may be regulated local acts of a cooperative - by regulations, regulations, etc. The board elects the chairman of the board from among its members for a period determined by the charter of a housing-construction cooperative. The chairman of the board ensures the implementation of decisions of the board, concludes transactions on behalf of the cooperative without a power of attorney, and performs other actions in the interests of the housing construction cooperative. P. 3 Art. 119 establishes that the chairman is obliged to act in the interests of the housing cooperative reasonably and in good faith. The supervisory body in a housing-construction cooperative is the audit commission or the sole auditor, elected by the general meeting of the housing-construction cooperative for a period of not more than 3 years to control the financial and economic activities of the housing-construction cooperative. In exercising control, the Audit Commission is obliged to:

Conduct scheduled audits of the financial and economic activities of a housing construction cooperative at least once a year;
- present to the general meeting an opinion on the budget of the housing-construction cooperative, the annual report and the amount of mandatory payments and contributions;
- report to the general meeting on their activities;
In order to fulfill its duties, the commission has the right to gain access to any documentation relating to the activities of the cooperative.

4. Legal status of members of the cooperative

1) Admission to membership in housing-construction cooperatives and termination of membership in housing-construction cooperatives.

As noted earlier, initially the only members of the cooperative are its founders (persons who voted for the creation of the cooperative). However, the cooperative has the right to accept other members as well. The procedure for admitting persons into members of an already established cooperative is established by Article 121 of the Housing Code of the Russian Federation and may be supplemented by the relevant provisions of the charter of a housing-construction cooperative.

A person wishing to join a housing-construction cooperative shall submit an appropriate application to the board of the housing-construction cooperative. The board has 1 month to consider the application. The decision of the board must be approved by the general meeting of the housing-construction cooperative. It is the general meeting that finally decides whether to accept this person as a member of a housing cooperative or refuse to admit him. If the general meeting approved the decision of the board, then the person becomes a member of the housing cooperative, but not immediately, but from the moment the entrance fee is paid.

2) Membership in a housing construction cooperative is terminated in the following cases:
- voluntary withdrawal
- an exception
- death of a citizen-member of a housing-construction cooperative
- liquidation of a legal entity-member of a housing-construction cooperative
- liquidation of the cooperative
This list is exhaustive and cannot be changed by the charter of a housing-construction cooperative.

3) Rights and obligations of members of a housing construction cooperative:
The basic rights of members of housing cooperatives include the right to participate in a general meeting, the right to provide housing in a cooperative house, the right to share, the right to move in temporary residents, the right to rent out housing, the right to own housing from the date of full payment of the share contribution. The basic right of a member of a housing-construction cooperative is the right to provide housing in a cooperative house. The decision to provide housing to a member of a housing cooperative is taken by the general meeting. This solution is the legal basis for moving a member of a cooperative into a dwelling in a cooperative house. Previously (before the entry into force of the new housing code), moving into cooperative premises was carried out according to warrants issued by district administrations. The new housing code in relation to cooperatives does not operate with the order category at all, which is its undoubted advantage, since it is more consistent market relations. The size of the living quarters provided to a member of a housing-construction cooperative must correspond to the size of the share contribution of this member. Part 3 Art. 124 of the Housing Code of the Russian Federation establishes that the basis for the possession, use and disposal of residential premises in a cooperative house is membership in a cooperative. From the moment the share contribution is paid in full, a person acquires the right of ownership of the premises and the rules of Chapter 6 of the Housing Code of the Russian Federation fully apply to him. Up to this point, the possession, use and disposal of residential premises is carried out according to the rules established by the charter of a housing construction cooperative.

The right to a share is one of the basic property rights of a member of a housing cooperative. The Housing Code has not established the procedure for making a share contribution by members of the cooperative. This issue should be resolved in the charter of the housing-construction cooperative.

A share contribution is a property (cash) contribution corresponding to the purchase price of a dwelling received by a member of the cooperative. The share contribution can be paid in a lump sum or in installments, depending on the provisions of the charter. Until the full payment of the share contribution, the dwelling belongs to the housing-construction cooperative on the basis of ownership.
The share consists of the share contribution and accruals on the share (if they are provided for by the charter). It belongs to a member of the cooperative with all the ensuing consequences - the share can be sold or donated to another person (if the charter of the cooperative allows it), in the event of the death of a member of the cooperative, it is part of the estate, in the event of a person being excluded from the cooperative, the share must be paid on time and under the conditions established by the charter of the cooperative (but not later than two months after the exclusion).
In addition to the rights listed above, a member of a cooperative has other rights. In particular, he has the right to divide the residential premises provided to him (Article 127 of the Housing Code of the Russian Federation), rent out the residential premises (Article 128 of the Housing Code of the Russian Federation), allow temporary residents to live in the residential premises (Article 126 of the Housing Code of the Russian Federation), etc.

The main obligation of a member of a cooperative is to make a share contribution in the manner and within the time limits established by the charter of a housing-construction cooperative. The charter may establish other duties of the members of the cooperative. In accordance with Part 4 of Article 130 of the Housing Code of the Russian Federation, a member of a housing construction cooperative, in case of gross failure to fulfill his duties, may be expelled from the cooperative by decision of the general meeting. Such a person is subject to eviction from the housing provided to him on the basis of Article 133 of the Housing Code of the Russian Federation.

In conclusion of this article, I would like to briefly highlight the issue of reorganization and liquidation of housing cooperatives. In accordance with article 122 of the Housing Code, a housing construction cooperative can only be reorganized in the form of transformation into a homeowners' association. Other methods of reorganization (merger, separation and spin-off) are not applicable to housing cooperatives. Otherwise, when transforming a housing construction cooperative, one should be guided by the relevant norms of the Civil Code of the Russian Federation, in particular Articles 57-60 of the Civil Code of the Russian Federation. The same applies to the liquidation of a housing and construction cooperative - it is carried out according to the rules established by civil law (Articles 61-64 of the Civil Code of the Russian Federation).

The basis for the provision and use of residential premises may be membership in housing and housing cooperatives, by virtue of which a citizen is granted the right to receive residential premises in a residential building built or acquired by the cooperative.

According to Part 1 of Art. 110 of the LCD, a housing or housing-construction cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as manage residential and non-residential premises in a cooperative house.

feature housing cooperative is that its members, by their own means, participate in acquisition, reconstruction and subsequent maintenance of an apartment building. Peculiarity housing construction cooperative consists in the fact that its members, by their own means, participate in construction, reconstruction and subsequent maintenance of an apartment building (parts 2-3 of article 110 of the LCD).

As indicated in Part 4 of Art. PO ZhK, housing and housing cooperatives (hereinafter - housing cooperatives) are consumer cooperatives.

The provisions of the Housing Code relating to housing cooperatives do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens in housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the said federal laws.

Citizens who have reached the age of 16 years, and/or legal entities.

Categories of citizens entitled to the provision of housing under social tenancy agreements have a pre-emptive right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation or local governments (Article 111 of the LC).

In accordance with Art. 112 LCD the number of members of a housing cooperative cannot be less than five but should not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative.

The founding document of a housing cooperative is its charter. In accordance with Art. 113 of the LC, the charter must contain information about the name of the cooperative, its location, the subject and goals of the activity, the procedure for becoming a member of the cooperative, the procedure for withdrawing from it and issuing shares, the amount, composition and procedure for making entrance and share contributions, about liability for violation obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and the bodies of control over the activities of the cooperative, the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering losses incurred by members of the cooperative, the procedure reorganization and liquidation of the cooperative. The charter of a housing cooperative may contain other provisions that do not contradict the LCD, other federal laws.

The housing cooperative is subject to state registration, which is carried out in accordance with the legislation on state registration of legal entities (Article 114 of the LC).

Governing bodies housing cooperative are:

general meeting of members of a housing cooperative;
conference, if the number of participants in the general meeting more than 50 and this is provided for by the charter of the housing cooperative;
board and chairman of the board of a housing cooperative (Article 115 of the LCD).

As provided by Art. 116 LCD, supreme body management of the housing cooperative is general meeting of its members (conference), which is convened in the manner prescribed by the charter of the cooperative.

The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative in accordance with the LCD.

The general meeting of members of a housing cooperative is recognized as competent (has a quorum) if it is attended by more than 50% of the members of the cooperative. The decision of the general meeting is considered adopted provided that it is voted for by more than half and on issues specified in the charter of the cooperative - more than 3/4 of the members of the cooperative who were present at such a general meeting.

The decision of the general meeting, adopted in the prescribed manner, is binding on all members of the housing cooperative.

The general meeting of members of the housing cooperative elects the management bodies of the housing cooperative and the bodies of control over its activities.

The decision of the meeting of members of a housing cooperative is drawn up protocol(Article 117 of the LCD).

The executive body of a housing cooperative is its governing body. The board is elected from among the members of the housing cooperative by the general meeting (conference) in the number and for the period determined by the charter of the cooperative. The procedure for the activities of the board of a housing cooperative and the adoption of decisions by it is established by the charter and internal documents of the cooperative (regulations, regulations or other document).

The board of a housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not referred by the charter of the cooperative to the competence of the general meeting of members of the cooperative. The board of a housing cooperative is accountable to the general meeting of members of the cooperative (conference) (Article 118 of the LC).

In accordance with Art. 119 LCD chairman of the board of the housing cooperative is elected by the board from among its members for a period determined by the charter of the cooperative. It exercises the following powers:

ensures the implementation of decisions of the board of the cooperative;
acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions;
other powers not assigned by the JK or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.

The chairman of the board of a housing cooperative, when exercising his rights and fulfilling his duties, must act in the interests of the cooperative in good faith and reasonably.

To exercise control over the financial and economic activities of a housing cooperative, the general meeting of members of the cooperative (conference) elects audit commission (auditor) for a period of no more than three years. The number of members of the audit commission of a housing cooperative is determined by its charter. Members of the audit commission cannot simultaneously be members of the board of the cooperative, as well as hold other positions in the management bodies of the cooperative. The audit commission of a housing cooperative elects from among its members chairman of the audit committee.

The audit commission (auditor) of a housing cooperative:

Mandatory conducts scheduled audits of the financial and economic activities of the cooperative at least once a year;
submits to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;
reports to the general meeting of members of the cooperative (conference) on its activities.

The Audit Commission has the right Anytime conduct an audit of the financial and economic activities of the cooperative and have access to all documentation relating to its activities.

The procedure for the work of the audit commission is determined by the charter and other documents of the cooperative (Article 120 of the LC).

Membership in a housing cooperative regulated by Art. 121 of the LCD, according to which a citizen or legal entity wishing to become a member of a housing cooperative submits an application to the board of the housing cooperative for admission to membership in the cooperative. This application must be considered within a month board of the housing cooperative and approved by the decision of the general meeting of its members (conference). A citizen or legal entity is recognized as a member of a housing cooperative from the moment the entrance fee is paid after the decision on admission to membership in a housing cooperative is approved by the general meeting of members of the cooperative (conference).

Article 122 of the LCD provides that a housing cooperative, by decision of the general meeting of its members (conference), can be transformed into homeowners association, i.e. it is possible to reorganize a housing cooperative by transforming it into another organizational and legal shape.

A housing cooperative may be liquidated on the grounds and in the manner provided for by civil law (Article 123 of the LC).

Legal status of members of housing cooperatives

A member of a housing cooperative acquires ownership of a dwelling in an apartment building in the event of payment of a share contribution fully.

Property relations in an apartment building in a housing cooperative, subject to a fully paid share contribution by at least one member of the housing cooperative, are subject to Ch. 6 LCD “Common property of owners of premises in an apartment building. General meeting of such owners ”(Article 129 of the LCD).

Norms on the division of residential premises in the house of a housing cooperative contained in Art. 127 of the LCD, according to which such a division between persons entitled to a share is allowed if each of these persons can be allocated an isolated living space or there is a technical possibility of reorganizing and (or) re-planning non-isolated premises into isolated living quarters. Disputes about the division of living quarters in the house of a housing cooperative are resolved in court.

A member of a housing cooperative and members of his family living together with him are granted the right, by mutual agreement and with prior notification of the board of the cooperative, to allow living in a residential building that is in their use, temporary residents in the manner and on the terms provided for the residence of such tenants in the premises provided to citizens under a social tenancy agreement (Article 126 of the LC).

In accordance with Art. 128 LCD member of a housing cooperative, who has not paid the full share contribution, has the right, with the consent of the members of his family living together with him and the board of the cooperative, to rent out part of the residential premises occupied by him in the house of the housing cooperative, and in the event of temporary retirement, all of the indicated residential premises for rent for a fee.

A housing cooperative, in accordance with the procedure established by its charter, has the right to rent out for a fee the vacated living quarters that were in the possession of the members of the cooperative who left or were expelled from the housing cooperative, until new members are admitted to the cooperative.

Renting out residential premises in the house of a housing cooperative is carried out in accordance with the rules for subleasing residential premises provided under a social rental agreement (Article 128 of the LC).

Grounds for termination of membership in a housing cooperative listed in Art. 130 LCD. This:

withdrawal of a member of the cooperative;
exclusion of a member of the cooperative;
liquidation of a legal entity that is a member of a cooperative;
liquidation of a housing cooperative;
death of a citizen who is a member of a housing cooperative.

The application of a member of a housing cooperative for voluntary withdrawal from the cooperative is considered in the manner prescribed by the charter of the cooperative.

A member of a housing cooperative may be expelled from the cooperative on the basis of a decision of the general meeting of its members (conference) in the event of a gross violation by him without good reason of his duties established by the LCD or the charter of the housing cooperative.

In the event of the death of a member of a housing cooperative, his heirs have the right to become members of this cooperative by decision of the general meeting of its members (conference).

As provided by Art. 131 LCD, in case of death of a member of a housing cooperative priority right to join a cooperative his spouse has, provided that he is entitled to part of the share.

The heir of a member of a housing cooperative, who is entitled to a part of the share and lived together with the testator, has a priority right to join the cooperative if the spouse of the testator does not have such a right or the spouse refused to join the cooperative.

The heir of a member of a housing cooperative, who did not live together with the testator, has the priority right to join the cooperative if the above citizens are absent or have renounced their priority right to join the housing cooperative.

A family member who lived together with the testator and is not his heir has the priority right to join the housing cooperative, provided that he makes a share contribution, the absence of the above three categories of citizens, and also if the spouse or other heirs living together with the testator members of a housing cooperative do not have the priority right to become members of the cooperative or refuse to become members of the cooperative.

According to Art. 132 of the Housing Cooperative, a member of a housing cooperative who has not paid the share contribution in full and has been expelled from the cooperative is paid the amount of his share within the time frame and on the conditions provided for by the charter of the cooperative. Such payment cannot be more than two months from the day the cooperative decides to expel a member of the cooperative.

A member of a housing cooperative who has not paid the full share contribution and has been expelled from the cooperative on the grounds specified in Part 3 of Art. 130 LCD, as well as members of his family living together with him, lose the right to use the premises and are obliged to vacate him within two months from the day the cooperative decides to expel such a member from the cooperative. In case of refusal to vacate the dwelling, these citizens are subject to eviction in court without the provision of another dwelling (Article 133 of the LC).

In the event of the demolition of a house on the grounds provided for by the Housing Code, the rules established by Art. 32 (ensuring the housing rights of the owner of a dwelling in the event of a land plot being withdrawn for state or municipal needs) and 86 (the procedure for providing a dwelling under a social tenancy agreement in connection with the demolition of a house) of the LC, respectively, for members of a housing cooperative who paid a share and did not pay a share.

Article 110

A housing or housing-construction cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as to manage residential and non-residential premises in a cooperative house.
Members of a housing cooperative participate with their own funds in the acquisition, reconstruction and subsequent maintenance of an apartment building.
Members of a housing-construction cooperative participate with their own funds in the construction, reconstruction and subsequent maintenance of an apartment building.
Housing and housing construction cooperatives (hereinafter referred to as housing cooperatives) are consumer cooperatives.
The effect of the provisions of this chapter does not apply to other specialized consumer cooperatives created in order to meet the needs of citizens in housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the said federal laws.

Article 111. The right to join housing cooperatives

Citizens who have reached the age of sixteen and (or) legal entities have the right to join housing cooperatives.
The categories of citizens referred to in Article 49 of this Code have the priority right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation or local governments.

Article 112. Organization of a housing cooperative

The number of members of a housing cooperative cannot be less than five, but must not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative.
The decision to organize a housing cooperative is taken by a meeting of founders.
Persons wishing to organize a housing cooperative have the right to participate in the meeting of founders of a housing cooperative.
The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter is considered adopted, provided that the persons wishing to join the housing cooperative (founders) voted for this decision.
Members of a housing cooperative from the moment of its state registration as a legal entity become persons who voted for the organization of a housing cooperative.
The decision of the meeting of founders of a housing cooperative is documented in a protocol.

Article 113

The charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and goals of its activities, the procedure for becoming a member of the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the composition and procedure for making entrance and share contributions, on liability for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and the bodies of control over the activities of the cooperative, the procedure for their decision-making, including on issues decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering losses incurred by the members of the cooperative, the procedure for reorganization and liquidation of the cooperative.
The charter of a housing cooperative may contain other provisions that do not contradict this Code or other federal laws.

Article 114. State registration of a housing cooperative

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

Article 115

The governing bodies of a housing cooperative are:

general meeting of members of a housing cooperative;
conference, if the number of participants in the general meeting of members of the housing cooperative is more than fifty and this is provided for by the charter of the housing cooperative;
board of the housing cooperative and chairman of the board of the housing cooperative.

Article 116. Management in a housing cooperative

The supreme governing body of a housing cooperative is the general meeting of members of the cooperative (conference), which is convened in the manner prescribed by the charter of the cooperative.
The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative in accordance with this Code.

Article 117. General meeting of members of a housing cooperative

The general meeting of members of a housing cooperative is competent if more than fifty percent of the members of the cooperative are present at it.
The decision of the general meeting of members of the housing cooperative is considered adopted provided that more than half of the members of the housing cooperative who were present at such a general meeting voted for it, and on issues specified in the charter of the housing cooperative, more than three-quarters of the members of the housing cooperative who were present at such a general meeting .
The decision of the general meeting of members of a housing cooperative, adopted in the prescribed manner, is binding on all members of a housing cooperative.
The general meeting of members of the housing cooperative elects the management bodies of the housing cooperative and the bodies of control over its activities.
The decision of the general meeting of members of a housing cooperative is documented in a protocol.

Article 118

The board of the housing cooperative is elected from among the members of the housing cooperative by the general meeting of members of the housing cooperative (conference) in the number and for the period determined by the charter of the cooperative.
The procedure for the activities of the board of a housing cooperative and the procedure for making decisions by it are established by the charter and internal documents of the cooperative (regulations, regulations or other document of the cooperative).
The board of a housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not referred by the charter of the cooperative to the competence of the general meeting of members of the cooperative.
The board of a housing cooperative is accountable to the general meeting of members of the cooperative (conference).

Article 119

The chairman of the board of the housing cooperative is elected by the board of the housing cooperative from among its members for a period determined by the charter of the housing cooperative.
Chairman of the board of the housing cooperative:
1. ensures the implementation of decisions of the board of the cooperative;
2. acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions;
3. exercises other powers not referred by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.
The chairman of the board of a housing cooperative, when exercising his rights and fulfilling his duties, must act in the interests of the cooperative in good faith and reasonably.

Article 120

To exercise control over the financial and economic activities of a housing cooperative, the general meeting of members of the cooperative (conference) elects an audit commission (auditor) of the housing cooperative for a period of not more than three years. The number of members of the audit commission of a housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, as well as hold other positions in the management bodies of a housing cooperative.
The audit commission of a housing cooperative elects the chairman of the audit commission from among its members.
The audit commission (auditor) of a housing cooperative:
1. on a mandatory basis conducts scheduled audits of the financial and economic activities of a housing cooperative at least once a year;
2. submits to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;
3. reports to the general meeting of members of the cooperative (conference) on its activities.
The audit commission (auditor) of a housing cooperative at any time has the right to inspect the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative.
The procedure for the work of the audit commission (auditor) of a housing cooperative is determined by the charter of the cooperative and other documents of the cooperative.

Article 121

A citizen or a legal entity wishing to become a member of a housing cooperative shall submit to the board of the housing cooperative an application for admission to membership in a housing cooperative.
An application for admission to membership in a housing cooperative must be considered within a month by the board of the housing cooperative and approved by a decision of the general meeting of members of the housing cooperative (conference). A citizen or legal entity is recognized as a member of a housing cooperative from the moment the entrance fee is paid after the decision on admission to membership in a housing cooperative is approved by the general meeting of members of the cooperative (conference).

Article 122. Reorganization of a housing cooperative

A housing cooperative, by decision of the general meeting of its members (conference), may be transformed into a homeowners' association.

Article 123. Liquidation of a housing cooperative

A housing cooperative may be liquidated on the grounds and in the manner prescribed by civil law.