In 2014, changes were made to the Civil Code. Along with horticultural, vegetable garden and country cooperatives (SNT, DNT, ONT), a new legal form of ownership has appeared - the partnership of real estate owners (TSN). About it and will be discussed later in this article.
TSN Partnership: what is it?
The new form of ownership differs from the previous, the same HOA. First, owners can decide for themselves how to manage the premises. If the quality of the services received does not meet the requirements, TSN may terminate the contract and invite other organizations to carry out the work.
TSN indirectly makes residents cherish public spaces. In the event of equipment failure, everyone will have to pay for it. Residents will know how much it costs to paint a painted wall and replace a broken window. This not only increases the market value of apartments, but also in the long term can reduce monthly payments. Without exception, all residents of the house are involved in the costs of repairs. That's what this partnership is - TSN.
Legislative regulation
Let us consider in more detail what kind of partnership TSN is from the point of view of the Civil Code of the Russian Federation. Changes regarding non-profit corporate organizations were introduced by Federal Law No. 99.
TSN is a partnership of owners of real estate (premises in houses or in several residential buildings, summer cottages), organized for collective ownership and use. The partnership must have a charter containing the name of the document, the location of the organization, its composition, subject and purpose of the activity.
The partnership is not liable for the obligations of its members. He owns only that property, which is specified in the charter, on the right of shared ownership. The supreme competent body of the partnership determines the amount of mandatory membership fees. The organization is managed by the chairman and the board. Their functions may be prematurely terminated in the event of a gross violation of duties.
Signs
The following key features apply to all types of partnerships:
- association of owners on a voluntary basis;
- creation of an organization for the possession, use and disposal of property on a voluntary basis and within the framework of legislation;
- achievement of other goals.
HOA
In order to manage the house, a partnership (community) of homeowners is created. It is created for the management of premises only in apartment buildings (MKD) for the purpose of ownership, use, disposal of property, creation, maintenance, storage, increment of property. The partnership is managed by the highest meeting of members, the leader and chairman.
Homeowners Association and TSN (partnership of real estate owners): pros and cons
HOA is a type of TSN. In the first case, we are talking only about the association of owners of apartment buildings, and in the second - about the association of owners of various forms of real estate (houses, buildings, horticultural, vegetable garden, land). Two terms do not replace each other. The regulation of the HOA is carried out according to the norms of housing legislation, which are special in comparison with the general provisions of the Civil Code. That is, when resolving contentious issues, you should primarily rely on the norms of the RF LC.
What is this TSN partnership? In this case, we are talking about the association of owners of any real estate, both commercial and non-commercial. It can be not only at home. But also offices, garages.That is, a non-profit organization realizes the needs of owners who, due to circumstances, are together.
HOA has become obsolete. With the help of such a partnership, for example, it is impossible to manage an office building located in the city center. Having organized TSN, you can agree with government agencies on key issues. Moreover, all provisions concerning the creation, collection and dissolution of a partnership are spelled out in the Civil Code of the Russian Federation.
HOA does not justify itself because the property includes not only a residential building, but also a land plot, a basement, an attic. Partnership members previously could not manage these facilities. Through the courts, many questions were decided as to who owns the basement and who has the right to rent an attic. Now they will all be under the control of the partnership.
One more example. How to arrange parking if the yard belongs to several houses? The effectiveness of the partnership will be justified if several properties are owned.
The law also spells out some nuances that should be considered when creating or reorganizing legal entities. If we are talking about HOAs, then when creating the name of the organization should clearly reflect not only its name, but also the form of ownership, and if about TSN, then the name of the ownership should not be indicated. In general, many people like the advantages of TSN (real estate partnership).
Cost saving
TSN (partnership of real estate owners) by law has the right to independently determine the order of work. Any member of the partnership can control costs and benefits. That is, the partnership can lease the premises. The partnership can create conditions for the economical use of energy resources by installing nodes and energy-saving technologies. In some cities, partnership participants are provided with:
- subsidies to compensate for the training costs of chairpersons;
- reimbursement of expenses for registration of TSN;
- subsidies for the compensation of expenses aimed at repairing MKD, facade, installation of equipment, sites, etc.
Features
A legal entity may also become a member of TSN. What kind of partnership should this be? This may be an office space management organization. Individuals can join several partnerships at once. For example, at the place of residence, work and location of the cottage. Experts believe that most of the innovations will be satisfied with the owners of garden plots. This is the most vulnerable part of the population. Previously, almost rent was charged for roads and communications. Now the population has the opportunity to independently decide how to dispose of joint property.
Registration TSN
The owners of the premises can create one partnership. The corresponding decision is made by the owners of the premises at the meeting. The decision is considered positive if more than 50% of the participants in the partnership vote for it. The protocol on registration of TSN must be signed by all participants in the partnership. The charter must also be approved at a meeting of participants. It signs all aspects of the activity: rights, obligations, the beginning and termination of work, etc.
The TSN Board must be approved before the partnership is registered. Subsequently, it appoints a chair. An audit group is also being created to audit the work of the board. When registering with a government agency, you should submit:
- application for registration (No. 11001);
- notarized minutes of the meeting;
- two copies of the charter;
- receipt of state duty.
After registration, you must open a bank account. It will receive membership fees and utility bills. It remains only to conclude contracts with service organizations.How should I submit TSN (partnership of real estate owners) reporting? Since the partnership is registered as a legal entity, it will also need to submit reports to it as a legal entity.
Registration Nuances
The management method of the MKD is chosen by the owners and can be changed at any time. Decisions TSN apply to all premises in the MKD. If the management organization was engaged in the management of real estate, then the owners should first consider the issue of refusing services of this company. The charter is the only TSN document.
The initiator of the meeting of owners of the MKD must inform all tenants of the date of the meeting at least 10 days in advance by delivering notifications for signature or by sending them by registered letter.
Any decisions of the partnership are considered adopted if a quorum has voted for them, that is, more than 50% of the owners. If there is no quorum, the initiator may convene a second meeting and make a decision in absentia. Decisions made in this way should be communicated to all members of society. To this end, the initiator or his representatives go around all the apartments and give the residents decisions in writing.
Reimbursement of expenses
After the registration of TSN, part of the costs is subject to subsidization, namely the costs of
- payment of state duty;
- obtaining a copy of the charter;
- certification of signatures of the chairman, accountant TSN;
- opening a bank account;
- production of printing.
Conclusion
What kind of partnership is TSN? Experts believe that the new form of ownership will solve a number of important issues: how to organize life and monitor the work of service providers. The creation of TSN allows improving the quality of housing and communal services and will encourage residents to take better care of property. HOA will not disappear. All interested partnerships can be reorganized. To do this, you need to prepare a package of documents and transfer it to government agencies. Re-registration will take a maximum of one and a half months.
