Advantages of homeowners in the management of a residential apartment building. What are the pros and cons of the HOA? Citizens have the right to entrust the management of their home

Problems in the HOA. Before creating an HOA, you first need to do land surveying, marking the territory. Land surveying can be carried out both along the line of the house, and to attach the adjacent territory to the house. Today, in order to carry out land surveying in Moscow, there is a line for 8 years ahead! This is the first problem in creating an HOA. Registration of ownership is impossible without land surveying. Suppose that the land survey is made, then all attics and basements, basement, attic. All this can be rented and earned additional income. You can rent the area for advertising the wall of a building - again, profit. But, if you delve into this deeper. It turns out that all the basement floors have long been redeemed. It will not bring profit, but it can bring headaches. All attic floors and basements are designed as state property of local authorities, and the authorities themselves receive profits from them or have already been sold to other people.
The second problem is the overhaul of an apartment building. If the receipts take into account the amount for the collection for this very repair, then it will take 10-15 years until the required amount is typed. The house will collapse faster. Now amendments are being developed, in which money from the regional budget will be allocated for capital repairs. If the money for repairs, let's say, was collected without the participation of budget money, then at the end of the year, according to the existing legislation, another 24% will have to be paid as income tax!

When deciding to create an HOA, it is necessary to fully understand both the pros and cons that joining an HOA brings to a person.

(Minus) Higher maintenance fees.
For many, this very point is the reason for the negative attitude towards the HOA. But you need to understand that the obligatory utility bills in the HOA are exactly the same as the average for the city. It's another matter if the tenants themselves decide to "chip in" for landscaping or other purposes. When it comes to arranging parking, installing a castle or hiring a concierge, this translates into low costs. However, there are times when some of the tenants have a desire, for example, to tile the staircase with marble.

(Plus) The ability to influence the policy of the management company.
All important issues in the HOA are decided by the meeting. And if the tenants do not want to pay money for a marble entrance or other exotic, the decision will not be made. In most Moscow houses, especially old ones, the social composition of tenants is mixed: a teacher and a janitor can be a neighbor of a large businessman, and here everything will depend on who is in the majority. Interestingly, a person who lives in a condominium, but is not a member of the HOA, does not participate in decision-making, but is obliged to obey them. Practice differs from theory: those who cannot pay do not pay, and those who can relate to this with varying degrees of understanding.

(Minus) Imperfection of legislation and mechanisms of interaction between homeowners' associations and city structures.
If one of the tenants does not want to pay, including compulsory utility bills, it is possible to collect debts from him only through the courts. It can take years, and all this time the shortage will have to be covered by regularly paying tenants. Another problem is related to the privileged categories of citizens who are entitled to subsidies for utility bills. According to the law, the city must return to the HOA the difference between the payments of beneficiaries and the real costs of utilities, but in practice this does not happen.

(Plus) Possibility to reduce tenants' expenses due to the reserves of the house and competent work of managers.
An important advantage of the HOA is the right to conduct commercial activities... If the house has non-residential premises, the partnership has the right to rent them out. But this is more the exception than the rule: usually all non-residential premises have owners. But as for the basements and upper technical floors - here the HOA can show their imagination and find a tenant. A billboard can be placed on a blank facade or roof of a building. The income from this activity will also supplement the HOA's budget.

(Minus) Lack of initiative, misunderstanding on the part of tenants.
Of course, the HOA is faced with imperfect legislation and the arbitrariness of the authorities. But the main problem remains the resistance of the residents of the house, the owners. Therefore, explanatory work is becoming one of the important activities of the management company.

(Plus) The ability to choose an operating company and control the quality of its work.
The main task of the HOA is to provide decent level operation of the building. And there are several ways to solve this problem:
1. If DES works well - a rare case - you can not change anything, but just pay for its work.
2. Construction company created an operating organization. This usually happens in elite houses with complex engineering communications. The work of such an organization is usually well established, but not cheap. Wealthy residents are happy with this.
3. DES works unsatisfactorily. In this case, the HOA can renegotiate contracts with contractors - either with the same ones with whom DEZ worked, or with others, the quality of work and the prices of which suit the partnership.
4. You can try to solve all the problems with the help of the HOA and hire your own service personnel. Usually, this method becomes a logical continuation of the previous one: the HOA refuses the services of contractors, leaving to third-party organizations only those works that are not profitable to perform themselves. Gradually, an operating organization is formed under the HOA, which can offer its services to other houses and earn additional funds for the HOA.

(Plus) Clean, well-maintained entrance, well-groomed courtyard.
These values \u200b\u200bshould be the result of the HOA's work. Intercom and concierge at the entrance, clean stairs, an elevator with a mirror, a playground and a lawn in the yard - all this affects not only the mood of the residents, but also the cost of apartments in the house. Without any exaggeration, the activities of the HOA can significantly increase the market price of housing.
Despite the nominal support of the city authorities, the process of creating and developing HOAs is not going fast. At the same time, alternative urban and commercial management companies are developing, and the work of DEZs is also improving in some places. Most likely, homeowners' associations will never completely replace city services - after all, the order in the courtyard and in the entrance, imposed by the city's forces, does not contribute to the manifestation of the initiative of the tenant-owner.

Litigation for non-payment of housing and utility services.
Any controversial issues are resolved at the general meeting of the HOA. If there is no general solution, then the court will help to understand it.
For example, if a member or not a member of the HOA, an apartment building, does not pay the costs of paying for housing and utilities, then the board of the HOA decides to sue such a tenant. For this, statement of claim on debt collection and submitted to the court at the place of residence of the debtor in accordance with Art. 28 Code of Civil Procedure of the Russian Federation.
The case on property disputes at a claim price not exceeding five hundred minimum wages (minimum wages) established on the day of filing the application is considered by a magistrate (Article 23 of the Code of Civil Procedure of the Russian Federation). If the cost of the claim exceeds five hundred minimum wages, it is filed with the district court.
During the trial, the debtor can mortgage, hide or sell his property. And then the decision of the court will be impossible to execute. Therefore, simultaneously with filing a claim, an application for securing it is submitted to the court. It is considered on the day of its receipt by the court without notifying the defendant and other participants in the case.
The court makes a decision with the defendant, and in absentia - and without him. A copy of the decision in absentia is sent to the defendant within three days with a receipt acknowledgment. The defendant can apply to the court to annul this decision. The term is seven days from the date of delivery of the copy. The parties may file a cassation against a court decision in absentia, and an appeal against a judge's decision. This can be done within ten days if the defendant has not filed an application to cancel the decision. And if he nevertheless "objected", then within ten days from the date of the court's decision to refuse to satisfy this application (Article 237 of the Code of Civil Procedure of the Russian Federation). If the decision of the district court is canceled or the "verdict" of the magistrate is changed, the new decision takes effect immediately. If it is found to be correct, then the decision comes into force after consideration of the appeal.
At the request of the plaintiff, the court can index the recovered amounts on the day of execution of the decision (Article 208 of the Code of Civil Procedure of the Russian Federation).

Let's draw a conclusion from all of the above.
For the legitimacy of the decisions made by the homeowners' association, it is necessary to take into account the opinion of each owner of the premises of an apartment building. But taking into account the opinion of each owner in the organization that manages their property is impossible without the participation of each owner in the HOA. If not all owners of premises are members of the partnership, then the work of the HOA occurs. The partnership cannot make most of the fundamental decisions without obtaining the consent of all owners who are not members of the HOA. With such a legal status, when no fundamental decision can be made without every consent of the owner of the premises, it is unlikely that any of them will want to part. Therefore, the provisions on the required amount votes in an apartment building at a general meeting of all owners of premises is enshrined in law in Art. 44-48 ZhK RF. The meaning of membership in a partnership is to maintain a legal connection, equating the decisions made (by a majority vote) with the decisions taken by the owners of the premises (unanimously) and, most importantly, forcing the owners of the premises in an apartment building - members of the HOA, to bear the costs of the decisions made.

Providing a residential apartment building with all the amenities requires the simultaneous management of a whole range of utilities that are provided by resource-providing organizations. Most often, residents of the house entrust these duties to specialized management companies (UK), which undertake the conclusion of all the necessary contracts and agreements, the recruitment of personnel and control over the services provided. This approach almost completely cuts off the ability of residents to participate in economic activity, complicates control and necessitates additional payments.

Apartment owners can unite in and take over from the management company its functions. Thus, the HOA is a voluntary association of residents of an apartment building, created in the form of a non-profit legal organization.

It is important to understand that the article describes the most basic situations and does not take into account a number of technical points. To solve your particular problem, get legal advice on housing issues by calling the hot lines:

The activities, requirements and documentary base of the HOA are established directly by the Housing Code and general provisions the law on the registration of legal entities (chapters three, four).

The creation of an organized community of tenants entails certain goals and functions:

Increasing the efficiency of public utilities.
Direct participation of residents in economic activities.
Direct and transparent control.
Regulation of civil relations arising from the background of real estate ownership.
Quick elimination of emerging problems.

Pros and cons of HOAshould be taken into account when carrying out activities.

Pros of creating an HOA

The main advantages of HOAare directly determined by the goals that are pursued during its creation, as well as by the fact that the activities of the partnership are carried out with the direct participation of the residents themselves:

Independence from higher authorities, minimization of corruption.
Direct control over economic activities.

The creation of a homeowners association brings with it some other advantages. Thus, the partnership is managed by a chairman who is directly elected from among the residents of the house. Moreover, all organizational work of the partnership can be carried out by them, without the need for additional notifications or permits. Therefore two facts:

Financial impartiality. The HOA is obliged to keep payment orders, estimates, reports and receipts for the entire period of activity - every resident of an apartment building has the right to request these documents at any time.
Quick fix of any problems. The chairman of the partnership is in constant and direct accessibility, any member of the HOA can directly contact him if any questions arise.

The partnership of owners pays for utility bills of suppliers directly from their bank account - this minimizes costs, eliminates the possibility of arrears over a long period. Added to this is the fact that the HOA has the right to:

provide repair, cleaning and construction services;
be an intermediary in civil transactions. This is established by an article of the housing code, and allows not only to reduce costs, but also to become self-sufficient.

For these reasons, representatives of utility providers as well as authorities municipal authorities willingly go for mutual cooperation with tenant associations: provide discounts and tax incentives, allocate technical equipmenthelp organize the workflow.

Cons of creating a homeowners association

This organization also has some disadvantages. The main minus HOA appear already at the stage of its creation. has a difficult organizational structuredivided into several separate stages. Legislation () strictly regulates the requirements for documents, which entails the need for careful control during their preparation and filling. A typical problem on this stage is the absence or incorrect form of notification of the residents of the house, which may serve as a basis for refusing to accept a set of documents.

Financial relationships also cause certain difficulties... Residents of the house must independently decide how much and how membership fees will be collected, who is responsible for keeping the books and where the records should be kept.

Another pitfallin the activities of the partnership is its non-commercial form... It prohibits HOAs from taking ownership of any separate premises. For this reason, all the work of the organization takes place directly in the apartments of the residents of the house, which causes certain inconveniences.

The most popular questions and answers to them on the pros and cons of creating an HOA

Question: Hello. Management Company, which maintains the house, has accumulated debts and went bankrupt, is currently in litigation. We, in turn, have already prepared a complete set of documents for creating HOA, all residents of the house agree. We asked the management company for documentation in order to start working with utility providers. A company spokesman said that all debts will be transferred to us. Tell me, is the HOA obliged to answer for the debts of the management company? Maxim.

Answer: Hello Maxim. In your case, you should know that the creation of an HOA entails the emergence new legal entity (non-profit organization). It has nothing to do with the management company, their activities do not overlap in any way. prescribes that the management company is obliged to transfer all the necessary technical documentation to the partnership, after which the HOA directly concludes contracts with utility providers... At the same time, no debts are inherited by the partnership, moreover, the Criminal Code is obliged to transfer all the remaining funds collected from specific goals (for repairs or improvements) to the bank account of the residents' association.

Conclusion

HOA Is a method of joint management of an apartment building with the direct participation of its residents. In its form, it is a non-profit organization, which determines certain advantages and disadvantageshis activities.

The advantages of creating an HOA include:

Independence from higher authorities.
Direct contact between residents and utilities.
Participation of residents in economic activities.
Prompt solution of emerging problems.
Minimization of financial costs, receipt.

The disadvantages of the HOA are:

Organizational complexity.
A lengthy registration procedure that requires a careful approach to documents.
Inconvenience in the implementation of activities.
Financial questions.

The actual problem facing homeowners is which management method to choose? And what are the main ones? Specific response to this question it is impossible to give.

Dear Readers! The article talks about typical solutions legal issuesbut each case is different. If you want to know how to solve your problem - contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It is fast and IS FREE!

Any organization has its own shortcomings and differences in the way of doing business.

Each house has its own characteristics, based on which the management method should be chosen.

What it is?

A HOA is a non-commercial association of homeowners. The partnership must have the status of a legal entity, since finances and fees from all tenants will be sent to the account.

It is the partnership that must be registered with the tax office.

The owners of apartment buildings and land plots that are located in the vicinity of buildings can be united in a partnership.

The main objectives of the HOA are ownership, control, management of activities, which is common.

According to the statutory documents of the organization, only common property is the object of management.

The term "common" means attics, entrances, elevators, those floors, playgrounds, parking lots, etc. To create a partnership, you need to get at least 50% of the votes in favor. In this case, everything must be certified by a notary.

Where can it be created?

The homeowners' association can be in an apartment building. Even if whole residential complexes are combined, it is also allowed to organize homeowners' associations.

It should be borne in mind that:

only if the premises are owned by 2 or more owners;
the real estate itself should be located on a common plot of land, as a last resort, on several neighboring ones, which border each other;
infrastructure and power grids must be shared.

It is possible to combine in a HOA different buildings adjoining each other, which have the same engineering and technical networks.

Federal laws

Holding general meetings of owners, voting procedure and other issues related to homeowners' associations are regulated by the Housing Code Russian Federation Articles: 44, 45, 46, 47, 48.

Creature, legal position, the activities of the partnership are regulated by chapters 13, 14 of the RF LC.

Procedure, terms, list required documents fixed in 08.08.2001.

You cannot find instructions on how to do it in codes and laws. But, it is in them that concepts of legal activity, permissible norms, etc. are given.

It is imperative to adhere to the law, since violation can lead to serious penalties.

Obligations of a partnership

The HOA is responsible for the condition of all common property. In addition, the organization of various renovation works is an .

Any owner has the right to request information on the budget of the HOA.

The budget itself is formed on the basis of fees from apartment owners. Such sums are usually directed to various repair and construction works, landscaping and so on.

Also, payment for various utilities is much more convenient and cheaper than in any management company.

Homeowners' association advantages

A homeowner partnership has many benefits. The main thing is to get full control over the conduct of activities.

No management company can guarantee that the yard will be restored and the elevator repaired. Based on the realities, you have to wait a very long time for the fulfillment of promises.

In the case of homeowners' associations, owners can immediately access all information and dates for scheduled repairs.

Of course, the HOA has its advantages and disadvantages, in order to reasonably argue on this topic, you need to have a lot of information.

Before the management company (management company)

The partnership of owners is more interested in solving various controversial issues:

any problems, even those that have arisen urgently, are always discussed at meetings where a common decision is made;
the management company has a certain dependence on the economic situation - financing.

Hence, the added benefit is the speed of problem resolution.

If you competently approach the issue of organizing a partnership, the method and amount of fees from the owners, we can conclude that the HOA has a certain economic benefit.

Thanks to the ability to control the conduct of economic and financial activities, apartment owners are always aware of where and on what their money was spent.

Before housing and communal services (housing and communal services)

Housing expenses are paid in smaller amounts if a HOA is created.

The reasons for this are:

payments, with the exception of utilities, apartment owners have the right to choose independently;
the amount of payments, distribution, frequency are determined according to the agreement between the tenants;
the possibility of paying for water supply and heating based on actual consumption.

Electricity is paid on the basis of meter readings, which record the amount of energy consumed in different apartments. Moreover, there is a certain social norm for 1 consumer.

The partnership pays for everything, based on these norms, as a result, the cost of electricity for owners of housing associations will be much less.

The cost of the hot water and heating service depends on the following factors:

the amount of the cost of Gcal;
the amount of consumed energy.

A meter can be installed on the house that counts the amount of energy consumed. If there is no prior, then the HOA can conclude an agreement with the service provided by the company. The final amount depends on the type of house, the method of accrual and the number of people living.

Every house has a water meter. Payment for sewerage and cold water supply services is carried out on the basis of his data only in the homeowners' association.

Various repairs can be carried out at any convenient time, if only funds were raised for this. In the event of emergency problems, everything is resolved much faster than with the Criminal Code.

Control over payment of bills and mandatory fees is fully available for all residents:

Homeowners' association keeps records of all funds spent;
a preliminary cost estimate is drawn up at the beginning of each calendar year;
based on the results of the work carried out, the HOA always makes a report, which can be consulted by any home owner.

A pleasant advantage of the HOA over the management company is the improvement. Courtyards, landings, front gardens, staircases, elevators, attics of houses where there is a partnership are always in perfect condition, which cannot be said about the UK.

Land plots and various total areas (outbuildings, basements) can be rented out. As a result, the partnership will be regularly provided with additional funds.

This means that the need for fees may disappear, which will allow each HOA member to save personal money.

disadvantages

Homeowners' association also has a major drawback. This includes paying off the debts of neighbors who are not in a hurry with this.

Although in reality, the management company also often distributes such amounts among all owners.

In one apartment building, it is allowed to organize a single partnership. Another important drawback is that the partnership does not have any premises in its ownership.

This means that there is no place for doing business.

Creation order

In order to organize a homeowners' association, you must:

Organize an initiative group. She will be responsible for the entire process.
Hold a general meeting of homeowners and vote. If "for" more than 50%, then you can proceed to the very process of organization.

Citizens of our country are faced with the inaction of housing offices, lack of good service, and repair work. Therefore, they are being replaced by management companies or HOAs. But due to the fact that the management company is a commercial organization and, accordingly, set up to receive financial benefits.

The majority of residents prefer to create an alternative - a homeowners' association, an organization whose priority is the improvement of apartment buildings and the interests of homeowners. It is an official organization with its responsibilities and authorities, as well as official documentation.

What is HOA

First of all, it must be said that HOA is an abbreviation that stands for a partnership of homeowners. Most of the residents of apartment blocks are apartment owners. All apartment buildings must have organizations in order to manage the property in the home. If neither the housing office nor the Criminal Code of the residents suits, the apartment owners call a general meeting, at which they put to a vote the decision to create an association. And after most of the positive results, HOAs are organized.

It can be created in one apartment building or between several residential buildings. Apartment owners who create an organization must write an application for acceptance, on the basis of which they will be included in its members.

Most apartment owners consider this form of management of residential buildings the best option, which guarantees the protection of the rights of apartment owners, in particular, before public utilities and state bodies, for example, regarding the implementation of repair work.

This is a governing body, the purpose of which is to preserve, maintain in proper form, protect and improve the common property. In addition, the partnership and its board provide leverage over utilities and contractors for a range of tasks assigned to them. This is a non-profit organization, it does not pursue the goal of obtaining commercial benefits.

The association of real estate owners is created by individuals, but the organization is a legal entity. The partnership has its own current account, and the board members and the chairman must be registered with ERGUL. The HOA, being a legal entity, must be registered with the fiscal service.

Purpose of creation

The objectives of the joint association of home owners in an apartment building are:

joint leadership and direction;
receipt of income and their distribution for solving problems of maintenance and;
keeping the house in good condition: both sanitary and technical.

The organization has the right to rent or lease part of the common property for the purpose. Receipt additional income, which will be aimed at solving certain problems of the partnership.

The Homeowners' Association coordinates activities aimed at managing the homes under its control as a non-profit organization. Therefore, it seeks not to obtain maximum profit, but to distribute income for the needs of the partnership. But the association is not obliged to cover losses that may arise through additional contributions from homeowners.

Consolidation is a way to avoid the conditions imposed by the Criminal Code on home maintenance. For example, they themselves choose contractors and service providers on favorable terms for residents, and not the management company. Utilities and other firms, in turn, serve the house on the basis of an agreement with the HOA.

If the members or simply residents of the house are dissatisfied with the actions of the association, they have every right to make a claim and put the issue to a vote. Thus, its main purpose and function is to organize good governance and management of the operation of the housing stock entrusted to him.

According to 136 articleLCD RF, in one apartment building, owners can create one HOA. The creation of a partnership is also possible between several, closely located apartment buildings or having common land plots or infrastructural elements. A partnership can also be created during the house construction phase ( art. 139 LCD).

The decision on whether or not to join the HOA is made by the owners of the apartments, no one can force them to do this. All residents of the home do not need to be members of the partnership. The creation of a partnership is possible if 50% of the residents are present at the general meeting on the issue of its organization, and the same number of those present must vote positively.

HOA functions

Often, before creating an association of real estate owners, its future members and other residents of the house have a question: what does the organization do, what functions are entrusted to it. Rights and obligations are determined article 135 of the LC RF, and charter organizations. The main responsibilities of a homeowners' association are:

control the activities of companies that provide services to apartment owners: utilities, enterprises and firms that provide domestic services, such as, and others;
decide when and who makes repairs;
monitor the implementation of the rules for the operation of the house and its maintenance;
ensure the performance of home improvement work and adjoining territory according to the plan approved for the year;
provide the required services to apartment owners and perform them;
provide due sanitary condition common house property (timely garbage disposal, cleanliness on sites, in particular near garbage chutes, and so on);
, playgrounds for residents of the house (the item must be stipulated by the charter);
performance of additional functions prescribed in the charter approved at the general meeting.

Homeowners' associations, as a representative of the interests of residents of apartment buildings, is obliged to defend the interests of the house and the rights of residents, in particular, before utilities and government agencies. Most often, problems arise with carrying out repairs, both current and major. Members of the board and the chairman of the partnership in particular will have to face the reluctance of public utilities to fulfill their obligations on time.

According to the law, being a legal entity, it has the right to conclude contracts on its own behalf with those who provide utility services for the maintenance of an apartment building and others that the homeowners deem necessary. Another obligation of the members of the association is the preparation and approval of estimates for the subsequent period.

The duties of the HOA members include maintaining order in the house, cleanliness and safety of common property, in particular technical equipment, designs on land plotthat is adjacent to the MKD and so on. Thus, everything that an association of residential property owners does is aimed at improving or at least maintaining decent living conditions for a house or several apartment blocks under its management.

The procedure for reporting to residents

According to the law, the homeowners' association, namely the board members and its head, are required to report regularly to the tenants. Moreover, the regular reporting procedure is established by the charter. In addition, a report on the movement of funds, payments, expenses, income received or work done by the HOA must be provided at the first request of the members of the association.

However, no single piece of legislation has established a clear reporting form for either the board or the chairman. Based on this, the procedure for reporting to tenants should be clearly spelled out in the charter of the partnership. Because it is the main document according to which the board members and the head of the HOA must act.

Each of the tenants who are a member of the partnership must familiarize themselves with the charter of the partnership. It describes the procedure for how, when and in what form it must report to the apartment owners.

The charter

As already mentioned, the charter of the partnership is the main legal documentregulating the rights, functions, duties of its members, board and chairman. It is submitted as a constituent document for the registration of a partnership as a legal entity. At the first general meeting of the members of the partnership, the charter must be approved and signed by the chairman.

approved by all apartment owners;
must be numbered and signed by the chairman;
owners' signatures are optional.

A copy of the certified articles of association must be certified by a notary. After that, the HOA on its basis is registered with the federal tax service for further taxation of the association of homeowners.

The charter itself contains:

the addresses of the buildings included in the HOA;
place and date of compilation;
the purpose for which the partnership was created;
rights, duties of its members.

If it is necessary to amend the existing charter, it is necessary to hold a general meeting and change the content of the document based on the minutes of the event.

Founders

Each of the tenants of the house, who advocated the creation of a partnership, is the founder of the HOA. But since there are many participants in the partnership and, accordingly, apartment owners, the application and documentation submitted for registering the partnership indicate that the founders of the HOA are members of its board.

They act as the face of the partnership, its governing part, which, like the rest of the members, is interested in the proper maintenance of the house and proper quality services provided. If any of the members of the partnership wants to leave the founders of the HOA, he needs to write a corresponding application. In this case, the consent of the rest of the tenants is not required.

Anyone can be the founder individualwho lives in the house and owns the living space in it. Mentioning the founders when registering an HOA as a legal entity is a formality. Members of the board and the chairman are registered with ERGUL. If there are changes in the composition of the board, it is necessary to notify the fiscal service to make the appropriate amendments.

Register of HOA members

The register of members of a homeowners' association should contain data with the help of which it is possible to understand who exactly are members of the HOA. Also, the information that is reflected in it will allow, if necessary, to contact any of the participants in the partnership. The list of members of the HOA reflects information on the size of the share of common property owned by each of them.

The standard registry form contains the following information:

the name of the homeowners' association;
the legal address of the HOA;
tIN data;
date of creation;
the list of houses included in the partnership.

It must be signed chairman of the HOA indicating his contact phone number.

A responsibility

The rules of work, functions, powers and obligations of the owners' partnership are recorded in the housing law and are regulated by the legislation of the Russian Federation. Among the members of the HOA, a board is elected, which includes several people. And also the head of the partnership is the chairman, who is responsible for the actions of the association.

So, the head of the HOA is responsible for the following actions:

staff recruitment;
submission of reports to the tax;
maintenance and storage of the accounting of the partnership;
conclusion of contracts.

The members of the HOA board are responsible for the implementation of agreements concluded with contractors and other services, including utilities, as well as to partners and residents of the house.

The liability of a partnership is also understood as the following obligations:

use of areas in common shared ownership of all tenants;
maintenance and preservation of order in public places;
repair work;
disposal of the partnership's common property.

HOA members must ensure the timely and high-quality supply of resources and utilities.

Making a decision in a partnership

All decisions are made jointly based on the results of the voting of the home owners held at the general meeting. With such a meeting, the very creation of a homeowners association begins, at which 50% of apartment owners in a house or several apartment houses must declare their desire to organize a partnership. The meeting can be held both in person and in absentia by written voting.

At such meetings, decisions are made on how to use free space, for example, they agree on the procedure, rights and other articles of the charter, decide current issues, for example, on repairs. Also, it is the meeting of residents that decides the fate of the current chairman, the need to replace him.

To vote at homeowners' association meetings, it is necessary to inform the tenants of the house in advance about its date, time and place. At the event, decisions can be made exclusively on those issues that, according to the legislation of the Russian Federation, are within the competence of the partnership. It is necessary to prepare an agenda in advance, which reflects all the points necessary for discussion and decision-making.

All decisions taken at the meeting, they are entered into, which is conducted throughout the entire event and at the end of it is certified by the signature of the initiator or chairman. A majority of votes are required to make any decision. Residents who were not present at the meeting must be notified within 10 days of the results of the meeting.

Pros and cons of HOA

The Homeowners' Association gives apartment owners the right to decide for themselves what are the rules for managing the house and common propertywho will become the utility provider and so on. But being able to make decisions on your own can be both an advantage and a disadvantage.

Among the indisputable advantages of such a form of home management as a HOA, it should be noted:

management of common property in the house in order to obtain additional funds for the improvement, maintenance and repair of MKD and: rent, advertising;
quick solution of emerging issues on general meetings by voting;
financial transparency: at any time, each of the tenants and members of the partnership has the right to get acquainted with the movement of money, spending of funds;
you need to pay only for the services that are really necessary, and not those that the management company imposes or makes in payment by default, therefore, this will significantly reduce the payment for utilities;
independent selection of contractors.

When creating an HOA, responsibility for the safety of the common house property falls on each tenant, as well as for the results of their decisions on the arrangement and maintenance of a residential building. One of the important is the ability to reduce the size utility bills... A competent manager can significantly reduce the rent by making a profit by the partnership, for example, by providing non-residential space for rent.

Homeowners' partnership also has its drawbacks. In every association there is a group of activists, but no one can guarantee that these are literate and competent people. Excessive initiative and inability to understand the issue that has arisen, to conduct business properly.

The partnership is quite small equity, with the help of which it is difficult to pay off the arisen debts. And this can become a significant problem for homeowners' associations when it is necessary to urgently pay off contractors. In addition, the implementation of some one-time work for the merger may be more expensive than for the same management company, because the interest in single orders for many firms is minimal.

It might be useful to read: