Housing cooperative management bodies. The sequence of actions of persons creating a housing cooperative. Housing cooperative in the modern world

Control apartment building a housing cooperative or other specialized consumer cooperative is defined by paragraph 2 of part 2 of article 161 of section VIII of the Housing Code of the Russian Federation as one of three ways to manage an apartment building.

Terms of provision utilities for a housing cooperative are common and are defined by Chapter III of the Decree of the Government of the Russian Federation of May 6, 2011 N 354 "On the provision of communal services to owners and users of premises in apartment buildings and residential buildings."

Also in accordance with the requirements of Chapter IV of the Government Decree Russian Federation of May 15, 2013 N 416 "On the procedure for carrying out activities for the management of apartment buildings", a housing cooperative is obliged to organize emergency dispatch service for an apartment building, including by concluding an agreement for the provision of services with an organization performing emergency dispatch services.

The activities of housing and housing construction cooperatives are regulated by Section V of the Housing Code of the Russian Federation.

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 for housing, as well as the management of residential and non-residential premises in the cooperative house.

Members of a housing cooperative or members of a housing building cooperative with their own funds participate in the acquisition, reconstruction and subsequent maintenance of an apartment building.

Housing and housing construction cooperatives are consumer cooperatives.

The provisions of Chapter 11 of the Housing Code of the Russian Federation do not apply to other specialized consumer cooperativescreated in order to meet the needs of citizens for 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 indicated federal laws.

The organization of a housing cooperative is carried out in accordance with the provisions of Article 112 of the Housing Code of the Russian Federation. Wherein:

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.
The decision to organize a housing cooperative is made by the meeting of the 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 decision was voted for by persons wishing to join the housing cooperative (founders).
Members of the housing cooperative from the moment of its state registration persons who voted for the organization of a housing cooperative become a legal entity.
The decision of the meeting of the founders of the housing cooperative is drawn up in minutes.

The main document of a housing cooperative is the Charter, which should contain information about the name of the cooperative, its location, the subject and purpose of its activity, the procedure for joining the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, composition and the 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 control bodies over the activities of the cooperative, the procedure for making decisions, including on issues on which decisions are taken unanimously or by qualified by a majority of votes, the procedure for covering the losses incurred by the members of the cooperative, the procedure for reorganizing and liquidating the cooperative.

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

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Benefits for payment of housing and communal services for citizens registered with the employment service are not provided for by current legislation ...

Membership in the HOA is voluntary, arises on the basis of an application from the owner of the premises. Membership in the HOA is also terminated by filing an application by the owner of the premises ...

A legal entity acquires civil rights and assumes civil obligations through its bodies acting in accordance with the law, other legal acts and constituent documents (clause 1).

In accordance with Art. 115 of the RF LCD, the governing bodies of the housing cooperative are:

1) a general meeting of members of a housing cooperative;

2) 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;

3) the board of the housing cooperative and the chairman of the board of the housing cooperative.

The supreme governing body of the housing cooperative is the general meeting of the 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 the housing cooperative (conference) is determined by the charter of the cooperative (part 2 of article 116 of the RF LC).

As a rule, the supreme governing body should meet at least once a year at regular general meetings. It seems that in housing cooperatives, regular general meetings (conferences) should be held more often. When determining the frequency of such meetings, one should, for example, take into account the fact that by virtue of Part 2 of Art. 121 ZhK RF applications for admission to the cooperative of new members must be approved by the decision of the general meeting of members of the housing cooperative. The exclusion of a member of a housing cooperative from a cooperative is also made on the basis of a decision of the general meeting of members of the cooperative (conference) (part 3 of article 130 of the RF LC).

Extraordinary general meetings (conferences) may be held between regular general meetings (conferences) as needed. The timing of convening regular and extraordinary general meetings of members of a housing cooperative (conferences), issues on which extraordinary general meetings can be convened and persons who may require such a convocation should be determined in the charter of the cooperative.

As a rule, the competence of the highest governing body of a legal entity includes the approval of the constituent documents of the legal entity, as well as the introduction of amendments and additions to them; establishing the rules for admitting citizens and legal entities to a cooperative; establishing the rights and obligations of members of the cooperative; approval of regulations on the procedure for the election and activities of bodies of a legal entity, determination of cases and procedure for reorganization and liquidation of a legal entity; approval of annual reports, etc.

A general meeting of members of a housing cooperative is competent if more than fifty percent of the members of the cooperative are present. The decision of the general meeting of the members of the housing cooperative 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 the issues specified in the charter of the housing cooperative, more than three quarters of the members of the housing cooperative who attended such a general meeting ... The decision of the general meeting of members of the housing cooperative, adopted in accordance with the established procedure, is binding on all members of the housing cooperative. General meeting members of the housing cooperative are elected by the management bodies of the housing cooperative and the bodies controlling its activities. The decision of the general meeting of members of the housing cooperative is drawn up in minutes.

According to Part 1 of Art. 118 ZhK RF the board of the housing cooperative is elected from among the members of the housing cooperative by the general meeting of the members of the housing cooperative (conference) in the number and for the period determined by the charter of the cooperative. The procedure for the activity 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 (regulation, regulation or other document of the cooperative).

The board of the housing cooperative carries out management current activities cooperative, elects from among its members the chairman of the cooperative and exercises other powers that are not attributed by the charter of the cooperative to the competence of the general meeting of members of the cooperative. The board of the housing cooperative is accountable to the general meeting of members of the cooperative (conference).

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 (part 1 of article 119 of the RF LC).

Chairman of the Board of the Housing Cooperative:

1) ensures the implementation of decisions of the board of the cooperative;

2) without a power of attorney, acts on behalf of the cooperative, including representing its interests and concluding transactions;

3) exercise other powers that are not attributed 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 should not only act in the interests of the cooperative in good faith and reasonably. At the request of the members of the cooperative, he is obliged to compensate the losses caused to the cooperative (clause 3). At the same time, by virtue of the direct indication of clause 3 in cases where the law provides protection civil rights depending on whether these rights were exercised reasonably and in good faith, the reasonableness of actions and the good faith of the participants in civil relations are assumed.

To monitor the financial and economic activities of the housing cooperative, the general meeting of the cooperative members (conference) elects the 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 the 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 the housing cooperative elects the chairman of the audit commission from among its members (part 2 of article 120 of the RF LC).

Auditing commission (auditor) of a housing cooperative:

1) without fail conducts planned audits of the financial and economic activities of the housing cooperative at least once a year;

2) submit 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 audit 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 (inspector) of a housing cooperative is determined by the charter of the cooperative and other documents of the cooperative.

The concept of a housing cooperative in one form or another is far from new in our country. Since Soviet times, it was the cooperative that was rated as the most effective method joint construction and further management of an apartment building. It was this method of self-organization that helped many Soviet citizens to become owners of their own homes. Nevertheless, the citizens of the Russian Federation still show little familiarity with the legal framework for the creation and functioning of housing cooperatives. Such a base is the Fifth Section of the Housing Code of the Russian Federation.

How many of the citizens who create a cooperative delve into all the intricacies of the legal framework for the functioning of cooperatives in Russia? Hardly. Meanwhile, a frivolous attitude towards legal issues can lead to many problems.

You can familiarize yourself with the legal meaning of the concept of a housing cooperative by reading article 110 of the RF LC. There are various legal types cooperatives, joining which you can become a home owner. An association of persons, which is based on a common desire to build and own housing, can be legally registered in the form of a housing, in the form of a housing construction or in the form of a housing accumulation cooperative.

In principle, a joint residential property, the construction and management of which are the tasks of the cooperative, does not have to be just an apartment building. However, due to the fact that, in legal terms, any method of managing residential property does not depend on the specific type of this property, then for convenience it will be further assumed that any cooperative faces the problems of managing an apartment building.

Savings cooperatives

The Federal Law on Housing Savings Cooperatives was adopted by the State Duma and approved by the Federation Council at the end of 2004. This federal law defines not only the concept, but all legal, economic and organizational regulation of the functioning of such cooperatives. This regulation is unusually tough. A rare Federal Law contains an assertion that any action not specified in the law by any person involved in an action regulated by this law is prohibited. In the meantime, the Federal Law on ZhNK essentially says exactly that.

According to this Federal Law, each member of the housing accumulation cooperative must regularly make a share contribution. In this case, all contributions to the account of this cooperative of its members must be kept in a separate account, which is open specifically for this. Any of the actions performed with these funds must be known to all members of the cooperative.

A ZNK is created if it will include from 50 to 5000 persons who at the time of the creation of the association must be at least sixteen years old. The entry procedure itself does not contain any difficulties. It is enough to write a statement about the desire to join the ZHK, as well as to make the entrance and first share contributions - and the person joins the collective of the manager of the apartment building of the cooperative. At the same time, all the data by means of which a person can be identified must be added to the cooperative's register: for example, full name and other passport data, registration address and actual place of residence, telephones and even an email address.

The need for such an extensive list of information that any of the persons joining the ZHK must report about himself is a precautionary method associated with numerous cases of dishonesty of shareholders, and the importance of the prompt collection of persons belonging to the ZHK for holding a general meeting of members of this cooperative (for example, if one the way of communication with a member of the cooperative is losing its relevance, the activists of this association should be able to contact their colleague in the cooperative in a different way.)

According to article 47 of this Federal Law, a person receives the right of ownership of a part of housing being built by ZhNK only if two conditions are met:

the term of membership in the manager of an apartment building of a housing accumulative cooperative is at least two years;
financial means contributed in the form of share contributions to at least thirty percent of the total cost of an apartment in a house managed by this cooperative.

It should be noted that until now lawyers argue about how consistent with other legislative norms is the method of obtaining ownership of housing described in this federal law.

Housing and housing construction cooperatives

The legal framework that defines the concept and regulates the creation and operation of a housing cooperative of a housing construction cooperative is less strict than the Federal Law on savings cooperatives. The organization and operation of this form of joint management by several persons of any apartment building and the rights and obligations of these persons are regulated by the eleventh chapter of the fifth section of the RF LC. According to this legislative framework, such cooperatives are consumer cooperatives. They can perform some actions with their apartment building, namely they can carry out:

purchase of an apartment building (for a housing construction cooperative - the implementation of all construction activities necessary for the construction of this house);
reconstruction of this joint property;
further maintenance and management of the apartment building.

All actions aimed at creating and developing a cooperative should be carried out exclusively at the expense of financial resources persons belonging to this association.

The housing and housing construction cooperative is a developer and has corresponding responsibilities.

Cooperative activity according to the RF LC

To start the activity of any type of cooperative, it is necessary to organize a general meeting of all its members. It should be remembered that a general meeting of members of a housing cooperative is legally competent only if more than half of all its participants (50% + 1 person) attended it. At the first general meeting, as a rule, the charter of the cooperative is adopted. In the future, the general meeting makes a decision only on the size and form of contributions to the account of the cooperative, the acceptance of new members into this association and the exclusion of existing members from it, as well as the transformation of the cooperative into another legal entity or several legal entities, or the liquidation of this organization. All other questions can be solved using a different method: after all according to article 115 of the Housing Code of the Russian Federation, the governing bodies of the housing cooperative are:

general meeting of the members of this association;
perhaps a conference of persons belonging to the cooperative (using this method, it is possible to solve some issues of management of an apartment building only if the number of members gathered to jointly solve the problems of the cooperative, its members are not less than fifty people, and this possibility is stipulated in the charter of the cooperative) ;
elected at the general meeting of the board of the housing cooperative and its chairman.
It is the last of the listed management bodies that is the supreme body that solves certain problems of the existence and development of a housing cooperative.

Activities of the supreme governing body

The activities of the board of a housing cooperative are regulated by article 118 of the LC RF. In particular, this article describes the way in which you can choose the governing body of this association of owners of an apartment building, as well as the requirements that anyone who wants to become one of the board members must meet. So, the procedure for choosing the board of a cooperative in accordance with Russian law can only be presented at a general cooperative meeting. Only members of the cooperative can become board members.

Their number should be determined in advance by the cooperative charter (you can familiarize yourself with what constitutes the concept of a cooperative charter by reading all the same articles of the RF LC on housing cooperatives.) This document should also stipulate the term of the board without changing its composition. Any changes in the charter of a cooperative that determine the method of electing its board can only be decided at a general meeting of all persons who create the possibility of the work of this association.

According to the same Federal Law, any method of solving certain problems facing the board must not go beyond the charter and any other document adopted by the general meeting, provided for by the RF LC. In simplified language, the board of the cooperative takes the technical side of the cooperative's work, it solves all those issues of cooperative functioning for which many members of the cooperative simply do not have enough time and energy. And speaking formally, it should be said that the powers of the board are determined by the charter of the cooperative. This document also defines the way of exercising these rights and obligations.

Before starting to fulfill its responsibilities for the management of an apartment building, the board must elect its chairman, who will coordinate its work. This position can only be occupied by a board member.

To avoid any misunderstandings, the work of the board must proceed under the tireless supervision of all members of the cooperative. The law states that at each general meeting, the board must make a report on the work it has done since the previous meeting. The report should also include the financial aspect of this work.
For more detailed information about the Federal Law governing the work of the supreme cooperative body, it is better to seek the services of a lawyer. Housing law specialists will help their clients understand what constitutes, from a legal point of view, the very concept of managing an apartment building and how any member of a housing cooperative can take part in this management.

The definition of a housing construction cooperative is given in article 110 of the RF LC. 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 the housing cooperative participate in the construction, acquisition, reconstruction and maintenance of an apartment building with their own funds.

Housing cooperatives are consumer cooperatives (part 4 of article 110 of the RF LC). The provisions governing the procedure for their formation and activities do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens for housing in accordance with federal laws. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by federal laws.

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 a cooperative (part 1 of article 112 of the LC). The decision to organize a housing cooperative is made by the meeting of founders, in which persons wishing to organize a housing cooperative have the right to participate. The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter is considered adopted if persons wishing to join the housing cooperative (founders) voted for it. The members of the housing cooperative from the moment of its state registration as a legal entity are persons who voted for the organization of the housing cooperative.

The decision of the meeting of the founders of the housing cooperative is drawn up in minutes.

According to part 1 of Article 113 of the Housing Code of the Russian Federation, the charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and purpose of its activity, the procedure for joining the cooperative, leaving it, issuing a share contribution and other payments, on the size, composition and procedure payment of entrance and share contributions, on responsibility for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and bodies of control over the activities of the cooperative, the procedure for making decisions, including on issues, decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering the losses incurred by the members of the cooperative, the procedure for reorganizing and liquidating the cooperative. The charter of a housing cooperative may contain other provisions that do not contradict the Housing Code and other federal laws.

In accordance with article 114 of the RF LC, the state registration of a housing cooperative is carried out in accordance with the legislation on state registration.

In accordance with article 115 of the Housing Code of the Russian Federation, the governing bodies of the housing cooperative are:

general meeting of members of the housing cooperative;
conference, if the number of participants in the general meeting is 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.

The supreme governing body of a housing cooperative is considered to be the general meeting of its members (conference), which is convened in accordance with the procedure established by the charter of the cooperative. The competence of the general meeting of members of the housing cooperative (conference) is determined by the charter of the cooperative (part 2 of article 116 of the RF LC).

The general meeting is competent if more than 50% of the members of the cooperative are present; its decision is considered adopted if more than 1/2 of the members of the housing cooperative who attended such a general meeting voted for it, and more than 3/4 of the members of the housing cooperative who attended such a general meeting on issues specified in the charter of the housing cooperative. The decision of the general meeting, adopted in accordance with the established procedure, is mandatory for all members of the housing cooperative. The general meeting of the members of the housing cooperative elects the management bodies of the housing cooperative and the bodies to control its activities. The decision of the general meeting is documented in minutes.

According to part 1 of Article 118 of the RF LC, the board of a housing cooperative is elected from among its (housing cooperative) members by a general meeting of members of the housing cooperative (conference) in the number and for a period determined by the charter of the cooperative. The procedure for the operation of the board of a housing cooperative and the procedure for making decisions by it are determined by the charter and internal documents of the cooperative (by-laws, regulations or other document). The board of the housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and has other powers that are not attributed by the charter of the cooperative to the competence of the general meeting of members of the cooperative. The board of the housing cooperative is accountable to the general meeting of members of the cooperative (conference).

The chairman of the board of a housing cooperative is elected by the board from among its members for a period determined by the charter of the housing cooperative (part 1 of article 119 of the RF LC).

Chairman of the Board of the Housing Cooperative:

ensures the implementation of decisions of the board of the cooperative;
without acting on behalf of the cooperative, including representing its interests and making transactions;
exercises other powers that are not attributed by the Housing Code or the charter of the cooperative to the competence of the general meeting of members (conference) or the board of the cooperative.

The chairman of the board of a housing cooperative, when exercising rights and fulfilling obligations, must act in good faith and reasonably in the interests of the cooperative. To control the financial and economic activities of the housing cooperative, the general meeting of the members of the cooperative (conference) elects the audit commission (auditor) of the housing cooperative for a period of not more than three years. The number of members of the audit commission 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 the housing cooperative elects the chairman of the audit commission from among its members (part 2 of article 120 of the RF LC). Auditing commission (auditor) of a housing cooperative:

without fail conducts scheduled audits of the financial and economic activities of the housing 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 (auditor) of the housing cooperative has the right at any time to audit the financial and economic activities of the cooperative and have access to all documentation related to the activities of the cooperative. The order of work of the audit commission (auditor) of a housing cooperative is determined by the charter and other documents of the cooperative.

According to article 121 of the LC RF, a citizen or legal entity wishing to become a member of a housing cooperative submit an application to its board for admission to membership in a housing cooperative. This application must be considered within a month by the board and approved by the decision of the general meeting of members of the housing cooperative (conference). A citizen or a legal entity is recognized as a member of a housing cooperative from the moment the entrance fee is paid after the approval of the decision on admission to membership in a housing cooperative by the general meeting of cooperative members (conference). For example, purchasing an apartment located in such a house under agreements on the transfer of ownership (purchase and sale, exchange,

What is a housing construction cooperative, what are the features of drawing up the Charter of a housing cooperative, its registration, and what changes should be in accordance with amendments to the laws.

What is ZhSK (housing construction cooperative)

Participation in a housing construction cooperative, or housing cooperative, is one of the most common ways to buy an apartment in a new building.

The essence of ZhSK is defined by Art. 110 Chapter 11 of the RF LC: the law states that the ZhK and the construction housing cooperative is a cooperation of individuals or legal entities on a voluntary basis, in order to ensure their needs in living space and house management.

It also says that housing and housing construction cooperatives are consumer cooperatives. All consumer cooperatives are divided into two types: those whose main activity is to make a profit, and those who spend the shares of participants. Housing cooperative - the second type, they are not created for profit. Housing construction cooperatives, created later than 01.12.2011, when acquiring a permit for the construction of housing cooperatives act as a developer.

What is the difference between ZhK and ZhSK? Members of the housing cooperative are those who have bought ready-made apartments, and the funds collected from the members of the housing estate are spent on building maintenance, restoration, repairs, etc. HCC members cooperate in order to build a house in which they will live, and in the future to maintain it. His legal status is determined by the Housing Code, and civil properties - by the Civil Code. In addition to them, the status of the housing cooperative is determined by the Charter.

The main body of the housing cooperative is a general meeting or conference, if the number of housing cooperative members is more than 50 people and this form is prescribed in the Charter of the housing cooperative. Holding a general meeting is possible only if more than half of the HCC participants participate in it and its decision is adopted only if more than half of those present voted for it. The requirements of the minutes of the general meeting, which formalize decisions, become mandatory for all participants in the cooperative.

The general meeting elects the Board of the HCC from among the members of the association, headed by the chairman of the board. The competence of the Management Board is specified in the charter. The chairman and the board must conscientiously and reasonably embody the intentions of the cooperative, express its needs. Economic activity and the finances of the cooperative can be controlled by an auditor or an audit commission.

Citizens over 16 years old or legal entities that have submitted an application to the board of the cooperative and approved by the general meeting can become members of the housing cooperative. The board should consider such an appeal within a month. After approval and payment of the entrance fee, such a citizen or legal entity is considered a full member of the housing construction cooperative. The Law on Housing Cooperatives indicates that a cooperative cannot include less than five members and their total number should not exceed the number of premises under construction.

A housing cooperative is created with the help of a constituent assembly, where a resolution is adopted on the creation of an association. Registration of housing cooperatives is carried out in the same way as registration of legal entities.

The registration procedure is determined by Federal Law 08.08.2001 No. 129-FZ "On the state registration of legal entities upon their creation." As indicated by the legislation, the housing cooperative must be registered by its location. For registration, the housing cooperative must submit the following documents to the registering authority: a signed application for state registration drawn up in an approved form; decision on the creation of a housing cooperative - minutes of the meeting; the constituent documents of the housing cooperative - the Charter, a document confirming the payment of the state duty.

Within three days from the submission of documents, the registering body must conduct state registration.

What is the charter of a housing cooperative for?

The charter is a mandatory document for any legal entity associated with the management of collected funds. It is needed to manage the activities of the association and to interact with government bodies... The charter must contain: the name of the cooperative; the place where it is located; the essence and purpose of its functioning; a description of how you can become a member of the housing cooperative and how to terminate your participation in it, the size of the entrance and share contributions, the procedure for making them, contributions, are indicated possible measures for non-compliance with this procedure, the powers of the board and the rules for recognizing decisions by them, the rules for changing and liquidating ZhSK. More on this below.

Considering that the goal of uniting citizens in a housing cooperative is the construction of housing, its charter contains a plan for the construction of buildings, utility structures, garages, etc. Such a plan is accepted by the members of the HCC. The charter may contain other, in addition to share contributions, possible options for obtaining funds, for example, rent. Shares can be of four types: in addition to the introductory and share contributions, contributions are provided for the repair of the house and for its operation.

Model charter of housing cooperatives for the new housing code: sample and rules for drawing up

The requirements for the content of the Charter of the HCC are set out in Art. 113 LCD RF. Proceeding from them, the standard HCC Charter must necessarily contain the following sections:

General Provisions

General provisions mean information about who and when approved the Charter, where the organization is located, it is indicated that the organization is guided by the Civil and Housing Codes, the law "On promoting the development of housing construction" and is not commercial organization... The location of the organization, its full and short name, the presence of a round seal, letterheads, stamps, etc. are indicated. IN general provisions the right of the organization to use bank accounts and the responsibility of the existing property are noted. The period of existence of the cooperative is also indicated.

Activities

This section stipulates the type of activity of the housing cooperative - it is a developer. This applies to housing, infrastructure and service buildings. Housing cooperative issues housing for use and manages the common property of MKD

Work to achieve the set benchmarks

This section indicates what exactly the HCC does. This is the construction of housing and related infrastructure, design, expert examination, obtaining land rights and concluding contracts for development. Housing cooperative carries out registration of land plots, is engaged in maintenance of common property, land improvement and concludes agreements with government agencies for support.

It also indicates activities related to finance: obtaining housing construction loans, loans, concluding transactions on property and land, leasing premises, other activities that generate income.

Property

The section that indicates the existing property of the cooperative - land, housing, infrastructure - and its sources - payment of participants, donations, additional income: rent, interest on bank deposits.

Admission and exit of members of the cooperative

The law defines the procedure for joining the housing cooperative as follows: citizens over 16 years of age can become new members of the housing cooperative. Withdrawal from it can be voluntary or compulsory, as well as in case of liquidation of the organization.

Priority of payment of membership fees

The size and procedure for making entrance fees, share fees, membership fees, additional and reserve fees are discussed.

Rights, obligations and responsibilities of the participants of the housing cooperative

Participants of the housing cooperative have the right to take part in the management of the housing cooperative, in the distribution of income and receive living space according to the share entered, for which they can take guarantors and attract credit funds.

They are obliged to follow the Charter and not interfere with the management of the housing cooperative. After receiving the annual balance, the members of the HCC must close the debts within a few months.

Restrictions on the disposal of shares

A participant in a housing cooperative can only own one share and apply for one dwelling. The overbought housing cooperative is transferred to the claiming citizens.

Governing bodies

The board of the housing cooperative and the chairman of the housing cooperative are determined.

General meeting of HCC participants

The general meeting oversees all legal and financial questions... All members of the housing cooperative who are not members of the board participate in it.

Inspection Commission

He is elected from the members of the cooperative and controls the financial and economic activities of the organization.

Responsibility of officials

Members of the board must act exclusively in the interests of the members of the housing cooperative and be responsible for material losses and other acts in accordance with the legislation in the field of housing and communal services.

Cooperative reporting

The procedure for conducting operational accounting, statistics, accounting and drawing up annual reports.

Share refund upon completion of membership in the cooperative

The accumulation of funds is returned to the excluded participant or the participant who has not paid the share until the end not later than two months from the date of the conclusion.

Reorganization and liquidation of a cooperative

The next stage of functioning can be the reorganization of the housing cooperative - the creation of a homeowners association, or the organization can be liquidated.

What has changed in the drafting of the Charter

Changes in the Civil and Housing Codes of the Russian Federation also lead to changes in the standard Charter of the housing cooperative. What has changed?

Changes affected the rules related to volume reduction authorized capital... Now the board of housing cooperatives is obliged to notify the registering authority about this within three working days. In turn, the lender can challenge these changes. In this case, he has the right to demand early repayment of the loan and go to court. This does not mean that the court is obliged to take the side of the credit institution - the option that the court rejects this claim is also possible.

The changes affected the article on the funds and net assets of the company. A clause was added that the company can create a reserve fund, mutual fund or other funds, in accordance with the Charter

The rules for storing housing cooperative documents and providing information have also changed: now the organization is obliged to give any member of the company access to information on the value of assets.

Another change: if the assets shown in the company's annual report are less than the authorized capital, then a decrease in capital should follow or the company should be disbanded.

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