There are several options for managing an apartment building in Russia. Residents have the right to independently determine the appropriate method. But the chosen option must be legally approved. How to create an HOA in 2019?
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If residents of an apartment building decide to form a homeowners' association, the process should begin by studying the procedure for creating such an association.
This method of management assumes that residents independently maintain their property. But at the same time, the activities of the partnership require registration and correct legal registration. How to create a HOA in Russia in 2019?
Basic moments
The housing legislation of the Russian Federation defines three options for managing an apartment building:
| Property owner management | This option is allowed in apartment buildings with no more than thirty apartments. An elected representative may act on behalf of the owners. His powers are confirmed |
| Management of the management organization | For this purpose, residents choose commercial organization with the corresponding . Maintenance of apartment buildings is carried out on the basis of an agreement concluded with the management company |
| Homeowners Association Management | The owners of the premises in the house create an association, which is registered as a non-profit organization. Activities are carried out in accordance with the provisions of the Charter approved by the general meeting of residents |
Owners of apartment buildings who want to manage their property as efficiently as possible prefer to create an HOA.
Required terms
A homeowners' association is a voluntary association of real estate owners. The objectives of the partnership are:
- maintenance of common property;
- ensuring provision;
- building maintenance;
- other purposes necessary for managing common property.
That is, the partnership enters into agreements with resource-supplying organizations, hires personnel to service the house, interacts with various authorities on behalf of the owners, and takes care of the safety of common property.
For property owners, creating an HOA is beneficial due to the absence of intermediaries. Residents themselves decide what is beneficial for them and what is not, and what problems need to be solved. But management through a HOA is legal only if correct design activities.
What is needed for this
The decision to create a homeowners' association is made by a majority vote of the owners of the premises in the building. The next step is to accept the partnership.
This document defines the procedure for managing common property, governing bodies, responsibilities and powers of the executive body.
After the general meeting approves the Charter and elects persons for management, it is required to officially register the creation of the partnership.
The HOA is registered as a legal entity and represents non-profit organization. The general stages of creating an HOA are as follows:
- Holding a meeting of owners.
- Making a decision on the formation of a partnership by a majority vote.
- Approval of the Charter and appointment of responsible persons.
- Registration of HOAs with government agencies.
In theory, creating an HOA looks quite simple. But each stage is accompanied documentation and you need to know what documents are required, where to apply and what legal standards should be followed.
Current standards
The creation and activities of the HOA are regulated (with amendments and additions).
Homeowners' Association in latest edition The RF Housing Code is dedicated to the sixth section of the same name.
Thus, state registration is carried out in accordance with legislative norms on the registration of legal entities.
Step-by-step instruction
How to create your own HOA in your home? The creation of an HOA must be carried out in strict accordance with the legislative order.
The sequence of actions is as follows:
- Collection of information about the owners of premises. To do this, you can contact the BTI or Rosreestr.
- Holding a meeting of owners and agreeing on the decision to create a HOA through voting.
- Holding a meeting of HOA members.
- Approval of the Charter and election of the board.
- Registration of HOAs with government agencies.
- Opening an HOA account and sending out notifications about the creation of a partnership to all interested parties.
After completion of all these stages, the HOA has the right to carry out activities in accordance with the provisions of the Charter.
On behalf of the owners, you can sign contracts with utility service providers and contractors, charge payments to residents, and perform other prescribed actions.
But you need to take into account the fact that the creation of an HOA is possible only if more than half of all owners in the house vote “for”.
However, if after the decision to create a partnership is made, less than 50% of the owners join it, then the formation of the HOA is considered illegal.
In addition, you should know that if the house was managed by the HOA before the creation of the HOA, it is necessary to abandon it.
Since interaction with the management company occurs on the basis of an agreement, the refusal of service is formalized.
How to refuse a management company
How to remove a management company? For this purpose, a general meeting of owners is held and a corresponding decision is made by a majority vote.
Owners of premises in the house have the right to decide for themselves who will manage their property. That is, it is possible
refuse the services of the management company not only due to improper performance of duties, but also due to a change in the form of management.
The next stage is the production of the HOA seal and the opening of the property, which will receive payments from the owners.
The tax authorities must be notified of the opening of an account within three days. In addition, it is advisable to submit within a month after registration (you can submit immediately with the main package of documents).
Features of the procedure
Since September 1, 2014, all HOAs are registered as TSN (real estate owners' partnership). Existing partnerships do not require re-registration. Despite the name change, the conditions and procedures for the activities of HOAs and TSNs are the same.
Initially, it was planned to completely abandon it with a transition to TSN. The reason was that the houses contain not only residential premises, but also non-residential ones.
Therefore, formally, the owners of non-residential premises could not be considered members of the homeowners’ association.
In addition, when creating a partnership in gardening and vegetable gardening associations, the premises do not comply with residential standards.
As a result, the law established that TSN is a generic concept that includes HOAs and other types of partnerships.
An important point is who can participate in choosing the way to manage the house. All owners have this right, which includes:
On behalf of legal entities representatives act on the basis of the issued executive body YUL.
In an apartment building
The decision on choosing a method of managing an apartment building is made by a majority vote of homeowners. That is, in this case, each individual owner has one vote.
But when holding a meeting of HOA members, the procedure for counting votes may differ slightly. The law does not clearly establish how the vote should be determined and this is determined by the HOA participants themselves.
The following options are considered acceptable:
- one HOA member – one vote;
- the number of votes of the owner is proportional to the share in the common property in the house;
- the number of votes corresponds to the number owned premises in the house (one apartment - one vote);
- other options determined by the members of the HOA.
As for subsequent decisions of the HOA, they can also be made by a majority vote of the participants.
But it is more advisable to delegate the decision-making function to the elected board, since it is quite difficult to convene a meeting on every issue that arises.
If the owners are dissatisfied with the work of the members of the board or the chairman, a general meeting is held to elect a new composition of the executive body.
Also by general decision You can change the way you manage your home if the HOA turns out to be ineffective.
For several houses
One HOA can be created in one house, but one partnership can unite several apartment buildings. However, this does not mean that any houses can be combined. What does it take to unite several houses into a partnership?
According to the current edition, several HOAs can be combined into one apartment buildings, which are located on adjacent land plots.
In particular, the territories in which apartment buildings are located have common boundaries according to the information contained in the state cadastre.
In addition, apartment buildings that are part of the same HOA may have utility networks or other infrastructure elements that are shared by the owners of these houses.
Otherwise, the process of creating an HOA in several houses is carried out similarly. A general meeting of owners is also held and a decision is made to create a partnership.
If previously one of the houses was managed, then the owners of this apartment building must independently terminate the contract with the management company.
In a cottage village
Having owned individual houses, the owners can create an HOA, including the creation of a partnership is possible in cottage village.
Moreover, the partnership can include both country houses and residential buildings. The basis for the formation of a partnership is the presence of common boundaries of land plots and provision of the village with a common engineering and technical infrastructure.
The main difficulties in creating a HOA in a cottage community are considered to be that the law does not contain precise regulations for the procedure.
But, based on the fact that the areas must have common boundaries, it is necessary to legally confirm the presence of these.
In the absence of the necessary documents, it is necessary to establish boundaries. Among other things, it is important to determine how votes will be counted.
If you count by the number of shares in common property, then it is not entirely clear what is considered common property.
It is clear that managing common property is not the goal in this case. The main function of the partnership is to interact with resource supply organizations and ensure the receipt of necessary services.
Another point concerns the participation of dissenting citizens in the HOA. In an apartment building, the decision to manage it through an HOA is mandatory for all residents if it is made by the majority of owners.
Video: how to create a HOA (TSN)
When creating a partnership in a cottage community, you cannot be forced to join the HOA. As a rule, owners who have not entered into a partnership pay for utility services to the HOA, which acts as an intermediary between the consumer and the supplier.
How profitable is it?
Creating an HOA has both pros and cons. Among the undoubted advantages it should be noted:
Disadvantages of managing an HOA building arise when dishonest people get on the board.
In this situation, fraud with the owners’ funds and improper performance of duties are possible. But at the same time, the board of an HOA is easier to control than a management company.
Is it possible to refuse services? management company? Yes, according to the country's housing legislation, property owners in this case have the right to make any decision. Many residents of buildings with a large number of apartments are now resorting to the services of management companies. However, they may often be dissatisfied with the level of quality of their work. Increasingly, the issue of recalculation for housing and communal services, compensation for losses or the obligation to perform proper maintenance of housing, collection of debt on utility bills, and other claims of the manager arise. Our housing and communal services lawyer will help you protect your rights.
The procedure for changing the management company in an apartment building
Before leaving the management company, you need to decide on the subsequent method of carrying out this process. In the event that residents fail to come to a common decision, the municipality holds a tender among other management companies, which ultimately results in a change of management company in the apartment building.
IMPORTANT: watch the video on the topic of recalculation of utility bills, disputes with management companies: advice from a lawyer on housing issues
Procedure for changing the management company:
- It all starts with the fact that the majority of property owners wondering how to change the management company in an apartment building and face certain difficulties.
- Announcement of change of management company compiled, printed and placed in the public domain at every entrance of the house.
- If you have decided to change from the management company, you need to take a number of necessary actions. So, first you need to realize that often an attempt to change the management company involves disputes with management companies that have a staff of sufficiently qualified lawyers at their disposal.
- So the first action is meeting to change the management company. The first step is to notify all owners of the premises of an apartment building about the meeting. The notification must indicate the date, time and place of the meeting, its agenda and form. Changing the way an apartment building is managed is possible by holding a meeting, for which it is first advisable to talk with the neighbors. Perhaps they are also not entirely satisfied with the quality of the management company’s work and the amount of utility bills. Any home owner has the right to initiate the procedure both at a meeting and in court.
- After an authorized meeting has taken place, at which the residents of the house voted to move to another management company, you need draw up minutes of the meeting. This protocol with necessary documents(for example, if the meeting was held in absentia, you can attach copies of the ballots of those who voted).
- After the meeting, it would be a good idea to convey to the owners of the premises the decision to change the management company. This can be done simply by posting an announcement about the change of management company in specially designated places common use- information boards (stands).
- Next, after the previous management company was notified of the refusal of their services, and the new one is notified that the house is coming under her control, the next stage begins. The previous management company must follow a certain procedure for transferring documents when changing the management company. After transfer of all documentation The procedure for transferring from one management company to another ends.
Main advantage direct control is that you do not need to pay for the work of the management company or HOA representatives. However, residents of the house do not always manage to come to a consensus on the maintenance of common property.
The Housing Code of the Russian Federation and legislation provide for several options for managing a house:
What forms of home management are there?
- Management company is a management company, which can be in the form of a company with limited liability(more details on the issue at the link);
- Homeowners' association, which was replaced by a real estate owners' partnership (TSN).
- Housing cooperative or a housing construction cooperative;
- Residents can also manage their properties themselves.
Many people now want to know how to abandon the management company and create an HOA. After all, this form of management is becoming increasingly popular due to all the advantages. First of all, the main job of resolving all issues falls on the chairman, who receives a salary for this. In any case, as practice shows, this amount is less than a week when using the services of a management company.
Why is it beneficial to contact us?
Sometimes, in order to understand in more detail how to refuse the services of a management company, it is recommended to contact our experienced specialists who will tell you what needs to be done. Now we offer such services at a competitive price. In the field of housing disputes, we have managed to prove ourselves from the best side. A long period of work in this field of activity and an impeccable reputation give you confidence in making the right choice. The result of cooperation will meet all your expectations. Be sure to use the information we provide.
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However, these claims are not always justified. This happens mainly due to the fact that the owners do not fully understand the basic content. In this regard, they begin to put forward demands that may not apply to the activities of the management company.
But in most cases, claims have serious grounds. These include:
- Dishonesty in the performance of its direct duties by the management company (poor quality, incomplete scope).
- Refusal to fulfill the clauses stipulated in the concluded agreement.
- Raising tariffs without reason. must necessarily be agreed upon at a general meeting of residents of an apartment building. Without this, any increase is illegal.
- Incorrect information about consumed services. Managers have the opportunity to inflate the figures for electricity consumption and appropriate the difference for themselves.
- Renting out communal square meters to a management company without the consent of the residents of the house.
- When funds are spent inappropriately. Management companies often collect funds, but no one knows where they are spent. And when I try to check the documents, the company refuses.
There are also many other reasons. Therefore, if owners feel that their rights have been violated, they should not remain silent and wait. You should seek help from authorized authorities. We will talk further about how to find a management company.
About fraud schemes
Management organizations often misappropriate residents' funds, which were sent to improve the condition of the residential property. Unfortunately, the activities of many management companies are based not on improving the maintenance of housing, but on deceiving owners and various frauds.
Ways to deceive residents
Let's look at ways of fraud.
How to make a management company work?
How to force the management company to fulfill its requirements? First, you should try to understand the current situation on your own. You can try to improve relations with the management company. Perhaps at this stage it will be possible to find a compromise solution, which will lead to a positive result.
At this stage, you can write, correctly stating the essence of the problem, and submit it to the office of the managing organization.
The Criminal Code must accept the application, issue a visa and register it. If the office is closed, you can put the letter in the mailbox. In any case, the management company is obliged to provide a response to the appeal no later than 14 calendar days.
Important: if there is no response to your appeal, then this may be regarded as a refusal and unwillingness of the management company to satisfy your requirements. If you receive a positive answer, you need to come to a compromise solution to the problem.
If the answer is negative, then this is grounds for filing a claim with higher authorities. At the same time, you can confidently say that your attempt to solve the problem on your own was a failure, and the management company refused you.
How to deal with housing and communal services management companies?
How to fight and where to find justice for a company if it has been caught embezzling funds? Of course, it is necessary to contact the prosecutor's office. Exactly in a statement intended for the prosecutor's office, it is necessary to set out all the grounds and arguments, and also ask for an inspection. After an inspection and violations are identified, an employee of the prosecutor’s office will represent the interests of the tenant in the judicial authorities.
So, here's your action plan:
- contacting the prosecutor's office with a completed statement;
- request to conduct a prosecutorial review;
- after the inspection, you should statement of claim to the judiciary;
participation in the trial, where the interests of the applicant will be represented by a prosecutor.
In case of non-fulfillment or incomplete fulfillment of its direct duties, the management company must write a complaint to the regional housing inspection authorities. It is within its competence to combat this type of violation. After the inspection, representatives of the housing inspection will write an order to eliminate all errors of the Criminal Code.
If the management organization improperly fulfills its obligations or does not fulfill them in general, which threatens the life and health of the resident, then the owner has every right to seek help from Rospotrebnadzor. Rospotrebnadzor is a body that is authorized to conduct relevant inspections and, if serious violations are identified, issue an order to correct all negative aspects within a certain time frame.
In a situation where clauses are violated, the owner has every right to influence the company. Every person has the right to protection of his rights, especially when he makes monthly payments cash. If there is an accident in the house, then eliminating it is the problem of every owner. However, the tenant has the right to seek help from the management organization, respectively, for a certain fee.
If the problems are related to common house equipment, then the resident must inform the management company and wait for the accident to be resolved by its efforts.
Instructions
Refuse management services companies you can only if you live in a privatized one. The municipality decides everything for the tenants of municipal apartments, since it is in this situation that is considered the owner. However, this does not mean that the tenant does not have the opportunity to solve the problem of choosing a management method.
If you own your own apartment and would like to change the way you manage your home, first talk to your neighbors. Their dissatisfaction with quality and cost utilities will make your task much easier. The Housing Code provides for three equal ways of operating multi-apartment residential buildings. This is a management company, owners' partnership or direct management. If the residents themselves have not made a decision, the municipality will hold a competition among management companies, as a result of which the house will be transferred to one of them.
This issue can be resolved using general meeting owners. First of all, you need to decide on the number of privatized and non-privatized apartments in your building. This can be done by interviewing residents. In some cities, such information can be obtained from the housing department of the municipality. Invite all owners to get together and discuss this problem. If there are municipal officials in the house, invite someone from the administration to the meeting. This could be, for example, a specialist from the municipal property management department. Try to convince him that the management company is not coping with its tasks.
To convince the official that you are right, you will need some documents. If there have been complaints from residents to various authorities, make sure that copies of them are kept. Contact the supervisory authorities. This could be a housing inspection, a sanitary and epidemiological station or a prosecutor's office. Based on your complaint, they are obliged to conduct an investigation and draw up appropriate reports.
In any case, you should try holding an in-person meeting first. If this does not work, then print the draft decision and send it to apartments with a request to vote. Voting is carried out not by the number of participants, but by the number of square meters of each apartment. That is, a family of five living on an area of 20 sq.m. has less influence on the decision than a single person occupying 50 sq.m. The municipality representative votes for all non-privatized apartments. The decision must be made in writing and certified by the signatures of the chairman and secretary of the meeting.
The next step is choosing a control method. It can be determined at the same meeting if an appropriate decision is prepared. There are three options - transition to another control companies, HOA and direct management. The last two require some nervous and physical costs from the owners. Direct management involves concluding direct contracts for absolutely all supplies of resources and services. A big plus of direct management is the disappearance from the family budget of expenses for the maintenance of the HOA or the manager companies. The main disadvantage is that residents cannot always agree on how best to maintain common property.
The main obstacle to creating an HOA is the abundance of documents that need to be filled out. However, a set of documents may already have been prepared by municipal services, and you will only have to enter information relating specifically to your home. Do not forget that several houses can unite in an HOA by electing one chairman. This will significantly reduce staff costs. To get another one, the house just needs to enter into an agreement with her. For this purpose, a decision of the general meeting is sufficient.
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