Many owners of apartments in the Russian Federation prefer to manage the property of the house together with other tenants in the form of HOA. The creation of such a structure is strictly regulated by law, however, the implementation of this initiative involves a completely logical scenario. How to organize HOA in the house? What legislative nuances should you pay special attention to?
Home Management Options
Owners of housing in apartment buildings should somehow organize the joint management of common property, provide the building with public services and maintain its technical condition. This can be done in three ways.
Firstly, there is an option with the organization of direct management of the house by homeowners. This is possible if it has no more than 16 apartments.
Secondly, you can create a partnership of homeowners or a cooperative.
Thirdly, you can transfer the house to the management company.
Which of these options is better? Why do many citizens wonder how to create an HOA in their home?
The fact is that a partnership of homeowners, as a rule, is more economically feasible. There are no opaque margins on basic utilities. And also the communication of the apartment owners helps to build constructive relationships between neighbors, to jointly resolve possible difficulties in managing the house, which the Criminal Code can not always competently resolve.
Consider some of the distinguishing features of HOA in more detail.
Features
If the residents of the house decide to create an HOA, they will be able to take advantage of a number of advantages associated with organizing the management of common property and supplying housing with necessary types of utilities.
So, for example, HOA can solve part of the tasks on its own or involve external contractors. If the HOA has concluded an agreement with a service organization, then it has the right to control the quality of the provision of relevant services. The contractor of the HOA must ensure the performance of its functions so that the result meets the criteria established by the Government of the Russian Federation in relation to utilities.
HOA is responsible for the maintenance of property under general management in accordance with the criteria established in the technical regulations, as well as legal acts approved by the Government of the Russian Federation.
Thus, HOA is not only opportunities, but also additional obligations of owners to their neighbors, it is responsibility and willingness to study the various nuances associated with the management of communal property and the organization of use by residents of the corresponding communal services.
Who can create an HOA?
A partnership of homeowners can be organized for the purpose of joint management of a communal household by residents of one or more apartment buildings located on one or border land plots. Also in the HOA can be combined several buildings built side by side, even if each has one owner. Homeowners associations may be formed by summer residents, in the partnership structure there may be personal plots, garages and other objects related to residential infrastructure.
How to organize HOA? Consider several stages of the implementation of this initiative.
Informing residents
The first stage involves the organization of a general meeting of owners.However, it is preceded by the collection of necessary information about the residents of a house or group of buildings. Relevant information can be requested from the territorial office of the Federal Registration Service. You may also need information about the premises that are presented in the structure of the house. It should be requested from the BTI.
Next, create an initiative group of owners responsible for holding a general meeting of residents. As a rule, these same people are responsible for how to organize an HOA, and at all subsequent stages of creating a partnership. Therefore, the formation of the appropriate team follows from citizens who have enough time to engage in this socially useful business.
The best way to communicate
An initiative group of owners should subsequently send written notice to other residents that a general meeting is due. This document must indicate where the event will be held, who is responsible for its organization, who can be contacted in order to ask any questions. It is also necessary to include the contents of the meeting agenda in the notification. An important nuance: if the house has, for example, a store, then the document also needs to be sent there.
It is advisable to send the notifications in question by registered mail. Of course, you can hand them to the tenants personally - but at the same time you should take a receipt from them about the receipt of the document. Notifications must be sent out 10 days before the general meeting. The documents confirming the familiarization of the residents with the information, the members of the initiative group must save.
The next important stage in resolving the issue of how to quickly organize HOAs quickly and without costs involves the holding of a general meeting. Consider the relevant nuances.
General meeting
The main decision-making tool at the general meeting of owners is voting. Therefore, people who are responsible for organizing HOAs should prepare special forms to express the will of residents. The structure of these documents is very simple - it should be tables with a full name, as well as columns “For”, “Against” and “Abstained”.
At the beginning of the meeting, its chairman should be elected - by a majority of the votes of the owners who came. You also need to choose a secretary who will record the meeting of residents. It is important that the event is attended by more than two-thirds of the tenants with voting rights. This is a prerequisite for how to organize a HOA. What will be accepted at the meeting is mandatory for all residents, even those who did not attend the event. If two-thirds of the owners could not be collected, the initiative group will have to repeat the work on organizing the meeting. It is possible that they will have to include an agitation component in their activities.
During the general meeting, tenants decide that a partnership will be formed, they approve the charter of the HOA, elect members of its board, and appoint an audit commission.
Meeting minutes
After the HOA meeting was successfully held, it is necessary to record its result in the protocol. This document is the most important from a legal point of view when deciding how to organize an HOA in the house. The protocol must be prepared by the initiative group and comply with the provisions of the Housing Code of the Russian Federation.
The document in question should contain information about the initiator of the meeting, about the issues that were discussed, about the vote. The most important point of the protocol is information about how many people came to the meeting, as well as the correlation of the area of their apartments with the total indicator of the whole house.
Within 10 days after the meeting, residents must be familiar with the protocol.You can make several copies of it and hang it on the porches or special information stands, place it in the mailboxes, and if possible, make the delivery of copies to the residents personally.
The charter is a key document of HOA. Consider the features of its compilation.
Approval of the charter
The approval of the charter is the most important condition for resolving the issue of how to organize a HOA in a legal manner.
The structure of the document should contain items affecting:
- general provisions;
- language reflecting the goals and activities of HOAs;
- legal status of HOA;
- ownership of the premises in the house;
- funds, property of HOA;
- economic activity of the HOA;
- membership features;
- rights and obligations of HOA and its members;
- HOA management bodies;
- the nuances of the general meeting of the partnership;
- provisions on the reorganization and liquidation of HOA.
The approval of the charter can only be done if more than two-thirds of the homeowners vote for it.
Registration of HOA
The next step in deciding how to organize a partnership of homeowners is the registration of the HOA itself. The agency responsible for this procedure is the Federal Tax Service.
To register an HOA, it is necessary to pay a state duty, fill out an application (its form will be issued by the Federal Tax Service), certify this document with a notary public, take 2 copies of the charter, 3 notarized copies of the minutes of the meeting and take it all to the regional branch of the Federal Tax Service in the city. After the agency registers the HOA in the prescribed manner, the board members of the partnership must open a bank account. After that, you can get to work.
Registration formalities
Consider some of the nuances characteristic of the final stages of the creation of HOA. How to organize a partnership in terms of the general meeting and the adoption of the charter, we have studied. But the board needs to take a number of other actions required by law. So, for example, if before the creation of the HOA, the management company owned the house, then it is necessary to notify it in the prescribed manner that the owners decided to take care of the housing themselves and created a partnership.
The transfer of the house to the management of the HOA is carried out with the participation of a special commission. It consists of representatives of municipal authorities, as well as governing bodies of the created partnership. During this stage of legal relations, the house is recorded on the balance sheet of the HOA in accordance with the act of acceptance.
How to organize an HOA and how a house is accepted from a management company, we have considered. What are the other important actions of the partnership management bodies after obtaining all the necessary powers? For example, shortly after the successful registration of the HOA and related procedures related to home admission, it will be necessary to conclude agreements with service companies regarding the provision of utility services. Another important component of the work is the organization of the charging system for the maintenance of the house.
We learned how to create a HOA. The step-by-step instruction drawn up by us touches on the key points of this procedure. It can be noted that the housing legislation of the Russian Federation is quite often adjusted. Therefore, the initiators of the collective management of the house should periodically monitor the relevant changes in legal acts so that the work of the HOA is completely legal.
HOA organization: legislative nuances
Consider some of the legal nuances of creating HOA. How to organize a partnership in full accordance with the law is a question that is relevant at each stage of the implementation of the respective initiative of homeowners. What should be paid special attention to the initiators of the creation of an HOA in the aspect of ensuring that their activities comply with the requirements of the law?
For example, if the question is how to organize an HOA in a new building, then the first thing you should pay attention to is that the house should be put into operation by the time the partnership is created.
Another important aspect - the protocol drawn up as a result of the general meeting, should be signed by all who voted for it. If this criterion is not met, then the Federal Tax Service will refuse to register the partnership.
If the HOA is created by the owners of private houses or summer cottages, then everyone who owns the relevant real estate should make the appropriate decision. In turn, when it comes to the election of the chairman of the HOA, it is permissible that at least two-thirds of the owners vote.
House management to HOA
Among the fairly new legal categories for the legislation of the Russian Federation related to the organization of the management of common property, the council of an apartment building. This social structure is designed to replace the HOA or the Criminal Code due to their temporary absence. The council of an apartment building must be created if there are more than 4 apartments in the building. As in the case of HOA, the election of the chairman of this body is expected. He must be one of the owners of apartments included in the structure of an apartment building. If the residents do not create an MKD council, the municipal authorities will have to initiate a general meeting of apartment owners themselves.
