Management bodies of the housing cooperative. The sequence of actions of persons creating a housing cooperative. HBC in the modern world

Control apartment building a housing cooperative or other specialized consumer cooperative is defined by clause 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 Service utilities for a housing cooperative, they are general and are defined by Chapter III of Decree of the Government of the Russian Federation of May 6, 2011 N 354 "On the provision of utility 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 dated 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 services for an apartment building, including by concluding a service agreement with an organization engaged in emergency dispatch services.

The activities of housing and housing 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 in 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 participate with their own funds 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 cooperatives created in order to meet the needs of citizens in 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 said 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 cannot 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 taken by a meeting of 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 persons wishing to join the housing cooperative (founders) voted for this decision.
Members of a housing cooperative since its state registration persons who voted for the organization of a housing cooperative become a legal entity.
The decision of the meeting of founders of a housing cooperative is documented in a protocol.

The main document of a housing cooperative is the Charter, which should contain information about the name of the cooperative, its location, subject and goals of activity, the procedure for becoming a member of the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the 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 the bodies controlling the activities of the cooperative, the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified by a majority of votes, the procedure for covering the losses incurred by members of the cooperative, the procedure for reorganization and liquidation of 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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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 Housing Code of the Russian Federation, the governing bodies of a housing cooperative are:

1) general meeting of members of a housing cooperative;

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

As a rule, the supreme governing body must meet at least once a year for regular general meetings. It seems that regular general meetings (conferences) in housing cooperatives should be held more frequently. When determining the frequency of holding such meetings, one should, for example, take into account the fact that, by virtue of Part 2 of Art. 121 of the Housing Code of the Russian Federation, 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 the cooperative is also carried out on the basis of a decision of the general meeting of members of the cooperative (conference) (part 3 of article 130 of the LC RF).

Extraordinary general meetings (conferences) may be held between regular general meetings (conferences) as necessary. The terms for 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 convocation should be determined in the charter of the cooperative.

As a rule, the competence of the supreme management 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; establishment of rules for the admission of citizens and legal entities to the cooperative; establishing the rights and obligations of members of the cooperative; approval of regulations on the procedure for the election and activities of the bodies of a legal entity, determination of cases and procedures for the reorganization and liquidation of a legal entity; statement annual accounts and etc.

The general meeting of members of a housing cooperative is competent if more than fifty percent of the members of the cooperative are present at it. The decision of the general meeting of members of the housing cooperative is considered adopted provided that more than half of the members of the housing cooperative who were present at such a general meeting voted for it, and on issues specified in the charter of the housing cooperative, more than three-quarters of the members of the housing cooperative who were present at such a general meeting . The decision of the general meeting of members of a housing cooperative, adopted in the prescribed manner, is binding on all members of a housing cooperative. The general meeting of members of the housing cooperative elects the management bodies of the housing cooperative and the bodies of control over its activities. The decision of the general meeting of members of a housing cooperative is documented in a protocol.

According to Part 1 of Art. 118 of the Housing Code of the Russian Federation, the board of a housing cooperative is elected from among the members of the housing cooperative by the general meeting of members of the housing cooperative (conference) in the number and for the period determined by the charter of the cooperative. The procedure for the activities 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 (regulations, regulations or other document of the cooperative).

The board of the housing cooperative manages current activities of the cooperative, elects from among its members the chairman of the cooperative and exercises other powers that are not referred by the charter of the cooperative to the competence of the general meeting of members of the cooperative. The board of a 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, article 119 of the LC RF).

Chairman of the board of the housing cooperative:

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

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

3) exercise other powers not referred 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 must 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 for the losses caused by him to the cooperative (clause 3). At the same time, by virtue of the direct indication of paragraph 3, in cases where the law puts 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 legal relations are assumed.

To exercise control over the financial and economic activities of a housing cooperative, the general meeting of members of the cooperative (conference) elects an audit commission (auditor) of the housing cooperative for a term of not more than three years. The number of members of the audit commission of a 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 a housing cooperative elects the chairman of the audit commission from among its members (part 2 of article 120 of the LC RF).

The audit commission (auditor) of a housing cooperative:

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

2) 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;

3) reports to the general meeting of members of the cooperative (conference) on its activities.

The procedure for the work of the audit commission (auditor) 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. Ever since Soviet times, it was the cooperative that was evaluated 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 become owners of their own homes. However, the citizens of the Russian Federation still show little familiarity with the legal framework for the creation and operation 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 legislative framework for the functioning of cooperatives in Russia? Hardly. Meanwhile, the frivolous attitude towards legal matters 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 Housing Code of the Russian Federation. There are various legal types cooperatives, joining which you can become the owner of housing. A group of people based on common desire to build and receive ownership of housing, can be legally formalized in the form of a housing cooperative, in the form of a housing construction cooperative, or in the form of a housing savings cooperative.

In principle, a joint residential property, the construction and management of which is the task of the cooperative, does not necessarily have to be only 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, it will be further assumed for convenience 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 the legal, economic and organizational regulation of the functioning of such cooperatives. This regulation is extremely strict. A rare Federal Law contains a statement saying that any action not specified in the law by any persons engaged in an action regulated by this law is prohibited. Meanwhile, the Federal Law on ZhNK essentially says exactly that.

According to this Federal Law, each member of a housing savings cooperative must regularly make a share contribution. At the same time, all contributions received to the account of this cooperative by persons belonging to it must be kept in a separate account, which is opened specifically for this. Any of the actions performed with these funds must be known to all members of the cooperative.

ZHNK 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 ZHNK, as well as make the entrance and first share contributions - and the person joins the team of the manager of the cooperative apartment building. At the same time, all data by which a person can be identified must be added to the register of the cooperative: for example, full name and other passport data, address of registration 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 ZHNK must report about themselves is a precautionary measure associated with numerous cases of dishonesty of shareholders, and the importance of prompt gathering of persons who are members of the ZHNK for holding a general meeting of members of this cooperative (for example, if one the method of contacting a member of the cooperative is no longer relevant, the activists of this association should be able to contact their colleague in a cooperative in another way.)

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

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

It should be noted that lawyers are still arguing 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 legislative framework that defines the concept and regulates the creation and activities of a housing cooperative of a housing construction cooperative is less rigid than the Federal Law on accumulation cooperatives. The organization and activities of this form of joint management by several persons of an apartment building and the rights and obligations of these persons are regulated by the eleventh chapter of the fifth section of the LC RF. According to this legislative framework, such cooperatives are consumer cooperatives. They can perform some actions with their apartment building, namely they can carry out:

acquisition 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 the creation and development of a cooperative should be carried out exclusively at the expense of financial resources members of this association.

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

The activities of the cooperative in accordance with the LC RF

To start the activities of any type of cooperative, it is necessary to organize a general meeting of all its members. It should be remembered that the general meeting of members of a housing cooperative is eligible 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 issues of the size and form of contributions to the account of the cooperative, the admission of new members to 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 a housing cooperative are:

general meeting of participants of this association;
perhaps a conference of persons included in the cooperative (using this method, it is possible to solve some issues of managing an apartment building only if the number of members gathered to jointly solve the problems of the cooperative is not less than fifty people, and this possibility is stipulated in the charter of the cooperative) ;
board of the housing cooperative elected at the general meeting and its chairman.
It is the last of the listed governing bodies that is the highest 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 Housing Code of the Russian Federation. In particular, this article describes the way in which you can elect the management 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 according to Russian legislation may be brought only at the general cooperative meeting. Only members of the cooperative can become members of the board.

Their number should be determined in advance by the cooperative charter (you can get acquainted with what the concept of the charter of a cooperative is by reading all the same articles of the RF Housing Cooperatives devoted to housing cooperatives.) This document should also specify the term of the board without changing its composition. Any changes in the charter of a cooperative, which determine the method of electing its board, can only be decided at a general meeting of all persons who create the opportunity for the work of this association.

According to the same Federal Law, any way to solve certain problems that the board faces must not go beyond the charter and any other document adopted by the general meeting and provided for by the RF LC. In simplified terms, the board of the cooperative occupies the technical side of the work of the cooperative, it solves all those issues of cooperative functioning, for which many participants in 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 taking up their duties in managing an apartment building, the board must elect its own chairman, who will coordinate its work. This position can only be filled by a board member.

In order to avoid all sorts of misunderstandings, the work of the board must proceed under the tireless control of all members of the cooperative. The law states that at each general meeting the board must make a report on the work done by it 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 highest cooperative body, it is better to contact the services of a lawyer. Housing law specialists will help their clients understand what the very concept of managing an apartment building is from a legal point of view 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 LC RF. Housing or housing 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 manage residential and non-residential premises in a cooperative house. Members of a housing cooperative participate with their own funds in the construction, acquisition, reconstruction and maintenance of an apartment building.

Housing cooperatives are consumer cooperatives (part 4 of article 110 of the LC RF). The effect of the provisions governing the procedure for their formation and activities does not apply to other specialized consumer cooperatives created in order to meet the needs of citizens in 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 should 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 LCD). The decision to organize a housing cooperative is made by a 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 the persons wishing to join the housing cooperative (founders) voted for it. Members of a housing cooperative from the moment of its state registration as a legal entity become persons who voted for the organization of a housing cooperative.

The decision of the meeting of founders of a housing cooperative is documented in a protocol.

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, subject and purpose of activity, the procedure for joining the cooperative, withdrawing from it, issuing a share contribution and other payments, the size, composition and procedure 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 the bodies of control over the activities of the cooperative, the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering the losses incurred by members of the cooperative, the procedure for reorganization and liquidation of 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 LC RF, 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 a housing cooperative are:

general meeting of members of a 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 the housing cooperative.

The supreme management body of a housing cooperative is the general meeting of its members (conference), which is convened in the manner prescribed by the charter of the cooperative. The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative (part 2 of article 116 of the LC RF).

The general meeting is competent if more than 50% of the members of the cooperative are present at it; its decision is considered adopted if more than 1/2 of the members of the housing cooperative who were present at such a general meeting voted for it, and on issues specified in the charter of the housing cooperative, more than 3/4 of the members of the housing cooperative who were present at such a general meeting. The decision of the general meeting, adopted in the prescribed manner, is binding on all members of the housing cooperative. The general meeting of members of a housing cooperative elects the management bodies of the housing cooperative and the bodies of control over its activities. The decision of the general meeting is documented in the minutes.

According to Part 1 of Article 118 of the Housing Code of the Russian Federation, the board of a housing cooperative is elected from among its (housing cooperative) members by the general meeting of members of the housing cooperative (conference) in the number and for the period determined by the charter of the cooperative. The procedure for the activities 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 (regulations, regulations or other document). The board of a 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 referred by the charter of the cooperative to the competence of the general meeting of members of the cooperative. The board of a 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, article 119 of the LC RF).

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 referred 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 his rights and fulfilling his duties, 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 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 a housing cooperative elects the chairman of the audit commission from among its members (part 2 of article 120 of the LC RF). The audit commission (auditor) of a housing cooperative:

on a mandatory basis conducts scheduled audits of the financial and economic activities of a 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 a housing cooperative has the right at any time to inspect 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 (auditor) of a housing cooperative is determined by the charter and other documents of the cooperative.

According to Article 121 of the Housing Code of the Russian Federation, a citizen or legal entity wishing to become a member of a housing cooperative submits to its board an application 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 legal entity is recognized as a member of a housing cooperative from the moment the entrance fee is paid after the decision on admission to membership in a housing cooperative is approved by the general meeting of members of the cooperative (conference). For example, when purchasing an apartment located in such a house, under agreements on the transfer of ownership (purchase and sale, exchange,

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

What is a housing cooperative (housing and construction cooperative)

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

The essence of the housing cooperative is determined by Art. 110 of Chapter 11 of the Housing Code of the Russian Federation: the law says that a housing complex and a housing construction cooperative is a cooperation of individuals or legal entities on a voluntary basis, in order to ensure their need for 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 share contributions of participants. ZhSK - the second type, they are not created for profit. Housing-construction cooperatives, created later than 12/01/2011, when acquiring a permit for the construction of a housing cooperative, act as a developer.

What is the difference between LCD and LCD? Members of a housing cooperative are those who have bought ready-made apartments, and the funds collected from members of the housing cooperative are spent on building maintenance, restoration, repairs, etc. Members of the housing cooperative cooperate in order to build a house in which they will live and maintain it in the future. His legal status defined 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 members of the housing cooperative 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 members of the housing cooperative participate in it and its decision is made only if more than half of those present voted for it. The requirements of the minutes of the general meeting, by which decisions are drawn up, become mandatory for all participants in the cooperative.

The general meeting elects the Board of the housing cooperative from the members of the association, headed by the chairman of the board. The competences of the Board are prescribed 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 may be controlled by an auditor or an audit commission.

Citizens over 16 years of age or legal entities who 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 must consider such an appeal within a month. After approval and payment of the entry fee, such a citizen or legal entity is considered a full member of a housing construction cooperative. The law on housing cooperatives indicates that a cooperative cannot include less than five participants 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 on the creation of an association is adopted. Registration of housing cooperatives is carried out in the same way as the registration of legal entities.

The procedure for registration is determined by the Federal Law of 08.08.2001 No. 129-FZ “On State Registration of Legal Entities upon their Creation”. As the legislation specifies, the housing cooperative must be registered at its location. To register, the housing cooperative must submit the following documents to the registration authority: a signed application for state registration, drawn up in accordance with the approved form; the decision to create a housing cooperative - the minutes of the meeting; 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 authority must conduct state registration.

Why do we need the charter of the housing cooperative

The charter is a mandatory document for any legal entity associated with the management of the 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 fees, the procedure for making them, contributions, possible measures for non-compliance with this order, the powers of the board and the rules for recognizing their decisions, the rules for changing and liquidating ZhSK. More on this below.

Considering that the purpose of the association of citizens in the housing cooperative is the construction of housing, its charter contains a plan for the construction of buildings, household structures, garages, etc. Such a plan is accepted by members of the housing cooperative. The charter may contain other than share contributions, possible options for obtaining funds, such as rent. Share contributions 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 a housing cooperative under the new housing code: sample and rules for drafting

The requirements for the content of the Charter of the housing cooperative are set out in Art. 113 ZhK RF. Based on them, the model Charter of the housing cooperative must necessarily contain the following sections:

General provisions

General provisions are understood as 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 the Promotion of Housing Construction" and is not commercial organization. The location of the organization, its full and short name, the presence of a round seal, forms, stamps, etc. are indicated. IN general provisions the right of the organization to use bank accounts and responsibility for existing property is noted. The period of existence of the cooperative is also indicated.

Activity

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

Work to achieve the set targets

This section specifies what exactly the HBC does. This is the construction of housing and related infrastructure, design, implementation of expertise, obtaining land rights and concluding contracts for development. ZhSK carries out registration of land plots, is engaged in maintenance common property, beautification of the territory and enter into agreements with government agencies for support.

It also indicates activities related to finance: obtaining housing cooperatives loans, loans, concluding transactions on property and land, renting out premises, and other income-generating activities.

Property

A section that indicates the existing property of the cooperative - land, housing, infrastructure - and its sources - members' fees, donations, Additional income: rent, interest on bank deposits.

Reception and exit of members of the cooperative

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

Order of payment of membership fees

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

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

Members of the housing cooperative have the right to take part in the management of the housing cooperative, in the distribution of income and receive housing according to the contributed share, 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, members of the housing cooperative must close the debts within a few months.

Restrictions on the disposal of shares

A housing cooperative participant can have only one share and apply for one dwelling. The repurchased housing cooperative share is transferred to applying citizens.

Governing Bodies

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

General meeting of members of the housing cooperative

The General Assembly controls 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 solely in the interests of 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.

Reporting of the cooperative

The procedure for maintaining operational accounting, statistics, accounting and preparation of annual reports.

Return of a share upon termination of membership in a cooperative

The share accumulation is returned to the participant who has been excluded or who has not paid the share to the end no later than two months from the date of the conclusion.

Reorganization and liquidation of the cooperative

The next stage of functioning may be the reorganization of the housing cooperative - the creation of an HOA, or the organization may be liquidated.

What has changed in the drafting of the Charter

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

The changes affected the rules related to the reduction of volume authorized capital. Now the board of housing cooperatives is obliged to notify the registering authority of 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 will refuse this claim is also possible.

The changes affected the article talking about funds and net assets society. A clause has been added stating 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 about the value of assets.

One more change: if the assets shown in the company's annual report are less than the authorized capital, then a reduction in capital must follow, or the company must be disbanded.

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