In order to ensure the interests of residents and receive from organizations that supply energy and other utilities services in the best way and in full, there is a partnership of homeowners or HOAs. This form of management is gaining more and more interest in apartment buildings. Let's talk about why it is needed and how to create an HOA.
What is HOA?
HOA is a non-profit organization, an association of owners in an apartment building for management common house property. Joint management can be implemented both in one house, and in several at once.
The purpose of the organization is to ensure the possession and use, as well as the disposal of property, to the extent permitted by law.
From the positive aspects that are derived from this form of management, the following can be deduced:
- such houses usually have a clean and tidy porch, as well as a landscaped yard;
- owners decide for themselves how to operate their home;
- You can use the property wisely and reduce operating costs;
- when engaging contractors, you can influence their activities;
- You can apply energy-saving technologies, form relationships to property, and so on.
Unless otherwise provided by the Charter, an organization shall be created without a time limit. She is responsible for the obligations, but not responsible for the obligations of its members. At the same time, you should know that, having bought an apartment, the new owner of the premises in the apartment building does not automatically become a member of the organization. He must go through the entry procedure. However, one way or another, the owner must pay the costs of managing, maintaining and repairing the house.
How to create a HOA?
To create an HOA, more than fifty percent of the votes of the total number of owners are needed. It is considered created from the beginning of the implementation of state registration. HOA has a seal with the name, current account and other accounts, details. It is liable for its obligations with property, but it is not liable for the obligations of members.
The decision to establish a partnership is taken at a general meeting. If more than fifty percent of the votes of the total number of owners vote in favor of creating an HOA, the decision is adopted.
The creation and registration of a partnership of homeowners is based on Art. 136 LCD RF (the commentary on which should be carefully studied, as it contains some nuances).
It is created by combining several MKD, with land plots, on one or several plots, technical networks and other infrastructure details.
It can also be created from several buildings, structures and structures that are intended for one family, in cottages with or without land plots, garages and other objects on land plots, technical support networks, and so on.
The creation and state registration of a partnership of homeowners is carried out on the basis of legislation on the registration of legal entities.
Features of the legislation on the creation of HOA
The opportunity to unite in one HOA by several houses did not appear immediately, but only after the adoption of Law No. 123, according to which in Art. 136 LCD RF were amended regarding this.
However, such an opportunity in practice proved far from ideal. It turned out that a large number of houses were united in the HOA.And their goal was not to manage the house by the owners. In such an association, a simplified procedure for replacing the MA appeared. Thus, many homeowners associations fictitiously existed.
Then another law was adopted from 07.21.2014 No. 255, according to which art. 136 LCD RF again underwent changes. This time, demands were made about the obligation of the HOA, consisting of two or more houses, to reorganize. The requirements were to be met before 1.07.2016. At the same time, the reorganization also concerned those houses that were created before mid-2011.
Creating HOA
The process of creating an organization begins with an initiative group that will undertake to convince neighbors to register an HOA. For this, at least 5 people must be recruited. The main thing is to share responsibilities among themselves, then - form the governing bodies.
The group should clearly know: why create a partnership of homeowners, how they see the house over the years and what will be needed to implement the plan. These and other questions will be answered by other homeowners.
Next, resources, assets and risks are assessed. Assets include everything, due to which an independent economy can be maintained. The risks include the condition of the house, walls, pipes, basements ... But the biggest risk is the defaulters. Therefore, you should consider how to deal with them.
Any meters are resources that allow you to save money when paying for utility bills. It is important to know the amount that went into overhaul. The most important resource is the neighbors themselves. It should be borne in mind what wealth they have and how much they are willing to spend on home improvement.
Collection
Having dealt with these basic issues, the next step is to prepare for the meeting. It consists of three stages:
- preliminary communication with residents;
- process organization;
- preparation of documents.
If everything is clear with the first step, then the rest should be supplemented. Organizational issues include alerting people to an upcoming meeting. In addition to announcements, there may be a form of notifications for signature and even registered letters. The third part consists in preparing the agenda, the Charter and the voting sheets.
In the American practice of HOA, the charter can have from two hundred to three hundred pages, which spell out all the little things in the life of neighbors. However, this is not the case in Russian practice yet. In our country, it is a fairly compact document, which sets out the position of the initiative group.
Next, they deal with the issues of election of board members. It is also decided what the audit commission will be and who is the chairman of the HOA. As for the latter: some believe that members of the board should choose it, others - the general meeting. How to implement this procedure is decided independently. The chairman of the HOA will be legally elected in both cases.
In some houses, among other things, they provide for the “Rules of cohabitation”, where they fix many useful conditions.
Form
The meeting can take place both in full-time and in full-time and part-time and part-time forms. Most often, general house meetings turn into a many-hour bazaar. After it gets boring, everyone just goes home. Therefore, absentee voting often becomes a good alternative to verbal battles. Voting sheets are prepared by the initiative group and distributed to apartments.
All documents must indicate the beginning and end of absentee voting. Usually it lasts up to a month. After that, the initiative group sums up the results.
As a result of the vote, the decision is considered adopted if tenants who own more than half of the property of the house participated in the vote.
After the meeting
After the meeting, a protocol is drawn up on the basis of which, in accordance with applicable law, including Art. 136 LCD RF, then a partnership is created and registered. The names of the initiator of the meeting, the chairman and the secretary, and further questions are entered into it.
After that, the results should be announced within ten days. This can be achieved in two ways: by posting the protocol in a crowded place or by posting information to mailboxes or directly to apartments.
State registration
In order to register an HOA under Art. 136 LCD RF, it is necessary to submit the minutes of the meeting, which contains information on the decision to create a HOA, approval of its charter. In addition, information should be attached about the persons who voted at the meeting of owners for the creation of an HOA, their shares in the right of ownership of common property.
Registration is carried out at the tax office. The state duty must be paid in advance, and then they submit an application, attach the Charter and send it to the Federal Tax Service. Upon return of the documents, the HOA is considered created.
