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

Problems in the HOA. Before creating an HOA, you must first make a land survey, marking the territory. 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 survey land in Moscow, there is a queue for 8 years ahead! This is the first problem in creating an HOA. Without land surveying, registration of ownership is impossible. Let's say that the land surveying is done, then all the attics and basements, the basement, the attic. All this can be rented out and receive additional income. You can rent out the area for advertising wall of the building - again, profit. But, if you delve into it deeper. It turns out that all the basement floors have long been bought out. It will not bring profit, but it can bring a headache. All attic floors and basements are designed as state property local authorities, and the profits from them are received by the authorities themselves or have already been sold into the ownership of other people.
The second problem is overhaul 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 collected. The house will fall apart quickly. Now amendments are being developed in which money from the regional budget will be allocated for major repairs. If, for example, the money for repairs is collected without the participation of budget money, then at the end of the year, according to existing legislation, another 24% will have to be paid as income tax!

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

(Minus) Higher operating fees.
For many, this point is the reason for the negative attitude towards the HOA. But you need to understand that the mandatory utility payments in the HOA are exactly the same as the average for the city. Another thing is if the tenants themselves decide to "throw in" for landscaping or other purposes. When it comes to arranging a parking lot, installing a lock, or hiring a concierge, it translates into a small outlay. However, there are times when one of the tenants has a desire, for example, to revet the entrance 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 staircase or other exotic, the decision will not be made. In most Moscow houses, especially old ones, the social composition of the residents is mixed: a teacher and a janitor can be neighbors of a big 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, treat this with varying degrees of understanding.

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

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

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

(Plus) Ability to choose an operating company and control the quality of its work.
The main task of the HOA is to provide decent level building operation. And there are several ways to solve this problem:
1. If DEZ works well - a rare case - you can not change anything, but simply pay for his 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 it is not cheap. Wealthy residents are happy with this.
3. DES does not work satisfactorily. In this case, the HOA can renegotiate contracts with contractors - either with the same contractors that DEZ worked with, or with others whose quality of work and prices 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 outside organizations only those works that are unprofitable to perform themselves. Gradually, an operating organization is formed with the HOA, which can offer its services to other houses and earn additional funds for the HOA.

(Plus) Clean, well-maintained entrance, well-groomed yard.
It is these values that should be the result of the work of the HOA. 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 proceeding quickly. At the same time, alternative city and commercial management companies are developing, and the work of DEAs is improving in some places. Most likely, HOA will never completely replace city services - after all, the order in the yard and in the entrance, induced by the city, does not contribute to the initiative of the tenant-owner.

Litigation in case of non-payment of housing and communal services.
Any controversial issues are resolved at the general meeting of the HOA. If there is no common solution, then the court will help to figure it out.
For example, if a member or non-member of an HOA, an apartment building, does not pay the costs of paying for housing and utilities, then the HOA board decides to sue such a tenant in court. For this, a statement of claim for debt collection and filed with the court at the place of residence of the debtor in accordance with Art. 28 Code of Civil Procedure of the Russian Federation.
A case on property disputes at the price of a claim not exceeding five hundred minimum wages (minimum wages) established on the day of filing an application is considered by a justice of the peace (Article 23 of the Code of Civil Procedure of the Russian Federation). If the value of the claim exceeds five hundred minimum wages, it is filed with the district court.
During the trial, the debtor may pledge, hide or sell his property. And then the decision of the court will be impossible to execute. Therefore, at the same time as filing a claim with the court, an application for its provision is submitted. It is considered on the day of its receipt by the court without notifying the defendant, other participants in the case.
The court makes a decision in the presence of the defendant, and in absentia - without him. A copy of the absentee decision shall be sent to the defendant within three days with notification of delivery. The defendant may apply to the court for annulment of this decision. The deadline for this is seven days from the date of delivery of the copy. The parties may file a cassation against the decision of the court in absentia, and an appeal against the decision of the justice of the peace. This can be done within ten days if the defendant has not filed an application to set aside the decision. And if, nevertheless, he "objected", then within ten days from the date of the issuance of the court ruling on the refusal to satisfy this application (Article 237 of the Code of Civil Procedure of the Russian Federation). If the decision of the district court is reversed or the "verdict" of the justice of the peace is changed, the new decision takes effect immediately. If it is recognized as correct, then the decision enters into force after consideration of the cassation.
At the request of the plaintiff, the court may 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 the above.
For the legitimacy of decisions made by the association of homeowners, it is necessary to take into account the opinion of each owner of the premises of an apartment building. But it is impossible to take into account the opinion of each owner in the organization that manages their property without the participation of each owner in the HOA. If not all the owners of the premises are members of the partnership, then the work of the HOA is paralyzed. The partnership cannot make most of the principal decisions without obtaining the consent of all owners who are not members of the HOA. With such a legal status, when not a single fundamental decision can be made without every consent of the owner of the premises, it is unlikely that any of them will want to leave. Therefore, the provisions required quantity votes in an apartment building at a general meeting of all owners of premises is enshrined in law in Art. 44-48 LCD RF. The meaning of membership in a partnership is to maintain a legal connection, equating the decisions made (by a majority of votes) with the decisions made by the owners of the premises (unanimously) and, most importantly, by forcing the owners of premises in an apartment building - members of the HOA, to bear the costs of the decisions made.

Providing a residential apartment building with all amenities requires the simultaneous management of a whole range of utilities provided by resource-providing organizations. Most often, residents of the house entrust these duties to specialized management companies(MC), which undertake the conclusion of all necessary contracts and agreements, 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 issues. To solve your problem, get legal advice for housing issues, call the hotlines:

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

The creation of an organized association of tenants carries with it certain goals and functions:

Increasing the efficiency of communal services.
Direct participation of residents in economic activities.
Direct and transparent control.
Regulation of civil relations arising from the ownership of real estate.
Quick troubleshooting.

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

Advantages of creating an HOA

Main HOA benefits are directly determined by the goals that are pursued during its creation, as well as 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 business activities.

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

Financial openness. The HOA is obliged to store 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 for any issues. The chairman of the partnership is in constant and direct accessibility, any member of the HOA can directly contact him if questions arise.

The partnership of owners pays utility bills of suppliers directly from their bank account - this minimizes costs, eliminates the possibility of debts for a long period. To this should be added the fact that the HOA has the right:

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 government willingly go for mutual cooperation with associations of tenants: provide discounts and tax benefits, allocate Technical equipment help organize paperwork.

Cons of creating an HOA

Such an organization also has some disadvantages. Main minus HOA appear already at the stage of its creation. has a complex organizational structure, isolated in several separate steps. Legislation () strictly regulates the requirements for documents, which entails the need for careful control in their preparation and completion. A typical problem for 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 decide for themselves how much and how membership fees will be collected, who is responsible for bookkeeping and where records should be kept.

Another pitfall in the activities of the partnership is its non-commercial form. It prohibits the HOA 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 serves the house, accumulated debts and went bankrupt, litigation is currently underway. 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. The representative of the company stated that all debts will be transferred to us. Tell me, is the HOA liable for the debts of the management company? Maksim.

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 intersect in any way. prescribes that the management company is obliged to transfer to the partnership all the necessary technical documentation, after which the HOA directly concludes contracts with utility providers. At the same time, no debts are inherited by the partnership; moreover, the management company is obliged to transfer all the remaining funds collected from certain goals(for repairs or improvements) to the bank account of the association of tenants.

Conclusion

HOA is a way of joint management of an apartment building with the direct participation of its residents. In its form, it is a non-profit organization, which leads to certain Advantages and disadvantages his 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 resolution of emerging issues.
Minimization of financial costs, obtaining.

The disadvantages of HOA are:

organizational complexity.
A lengthy registration procedure that requires a careful approach to documents.
Discomfort in carrying out activities.
Financial questions.

An urgent problem that confronts homeowners is which method of management 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 issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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

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

What it is?

HOA is an association of homeowners, which is not commercial. The partnership must have the status of a legal entity, since finances and fees from all residents will be sent to the account.

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

Owners of apartment buildings and land plots that are adjacent to buildings can be united in a partnership.

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

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

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

Where can be created?

A homeowners association may be in an apartment building. Even if you combine entire residential complexes, it is also allowed to organize an HOA.

It should be taken into account that:

only if the premises are owned by 2 or more owners;
the property itself should be located on a common plot of land, in extreme cases, on several neighboring ones that border on each other;
infrastructure and power grids should be shared.

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

federal laws

The holding of general meetings of owners, the voting procedure and other issues related to the HOA are regulated by the Housing Code Russian Federation articles: 44, 45, 46, 47, 48.

Creation, legal status, the activities of the partnership are regulated by chapters 13, 14 of the Housing Code of the Russian Federation.

Order, terms, list necessary documents fixed in dated 08.08.2001.

In codes and laws you can not find instructions for. But, it is in them that the concepts of legal activity, permissible norms, etc. are given.

Be sure to follow the law, as violation threatens with serious penalties.

Partnership Responsibilities

The HOA is responsible for the condition of all common property. In addition, the organization of various repair work is .

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

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

Also, paying for various utilities is much more convenient and cheaper than in any UK.

Benefits of HOA

A homeowners association 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, it takes a very long time to fulfill promises.

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

Of course, the HOA has its advantages and disadvantages, in order to objectively talk about this topic, you need to have a lot of information.

Before the UK (management company)

The partnership of owners is more interested in resolving various contentious issues:

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

Therefore, an additional advantage lies in the speed of problem solving.

If you correctly approach the issue of organizing a partnership, the method and amount of fees from the owners, we can conclude that the HOA also 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 what their money was spent on.

Before housing and communal services (housing and communal services)

Housing and communal services expenses are paid in smaller amounts if an HOA is created.

The reason for this are:

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

Electricity is paid based on meter readings, which record the amount of energy consumed in different apartments. At the same time, 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 apartment owners of the HOA will be much less.

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

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

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

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

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

Control over payment of bills and mandatory fees is fully available to all tenants:

The HOA keeps records of all funds spent;
at the beginning of each calendar year, a preliminary cost estimate is prepared;
according to the results of the work carried out, the HOA always makes a report, which any owner of the house can read.

A pleasant advantage of the HOA over the Criminal Code is landscaping. Yards, playgrounds, front gardens, stairwells, elevators, attics of houses where there is a partnership are always in perfect condition, which cannot be said about the Criminal Code.

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

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

Flaws

The homeowners' association also has a big drawback. This includes paying 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 own any premises.

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 organization process itself.

Citizens of our country are faced with the inaction of ZhEKs, the lack of good service, and the lack of repair work. That is why they are being replaced by management companies or homeowners associations. But due to the fact that the Criminal Code is a commercial organization and, accordingly, tuned to receive financial benefits.

Most residents prefer to create an alternative - a homeowners association, an organization whose priority is the improvement of apartment buildings and the interests of homeowners. This is an official organization with its own duties and powers, as well as official documentation.

What is HOA

First of all, it must be said that the HOA is an abbreviation that stands for a homeowners association. Most of the residents of MKD are apartment owners. All apartment buildings must have organizations to manage the property. If neither the Housing Office nor the Criminal Code suits the residents, the owners of the apartments convene a general meeting, at which they put to a vote the decision to create an association. And after the majority of positive results, an HOA is organized.

It can be created in one MKD 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 upholding of the rights of apartment owners, in particular, before utilities and government bodies e.g. for repairs.

This is the governing body, the purpose of which is the preservation, maintenance in due form, protection and improvement of common house property. In addition, the partnership and its board is a lever of influence on utilities and contractors who perform a number 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 members of the board and the chairman must be registered with the ERGUL. The HOA, being a legal entity, must be registered with the fiscal service.

Purposes of creation

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

joint direction and command;
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 lease or rent part of the common property for the purpose. Receiving additional income which will be aimed at solving certain problems of the partnership.

The homeowners association coordinates activities aimed at managing the houses under its control, as non-profit organization. Therefore, it seeks not to obtain the maximum profit, but to distribute income for the needs of the partnership. But the association is not obliged to cover the losses that may arise due to the additional contribution of funds by the homeowners.

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

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

According to 136 articleZhK RF, in one apartment building, owners can create one HOA. The creation of a partnership is also possible between several closely located MKDs or those having common land plots or infrastructure elements. A partnership may also be formed during the construction phase of a house ( Art. 139 LCD).

The decision on whether or not to join the HOA is made by the apartment owners, no one can force them to do so. It is not necessary for all tenants of the house 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 property owners, its future members and other residents of the house have a question: what does the organization do, what functions are assigned to it. Rights and obligations are determined article 135 of the LC RF, as well as charter organizations. The main responsibilities of a homeowners association are:

control the activities of companies providing services to apartment owners: utilities, enterprises and firms that provide domestic services, such as , and others;
decide when and by whom repairs are carried out;
monitor the implementation of the rules for the operation of the house and its maintenance;
provide home improvement work and adjoining territory according to the plan approved for the year;
provide the required services to apartment owners and perform them;
ensure proper sanitary condition common house property (timely garbage disposal, cleanliness at 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.

The HOA, 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 public utilities and government agencies. Most often, problems arise with the repair of both current and capital. Members of the board and the chairman of the partnership in particular will have to face more than once the unwillingness of public utilities to fulfill their obligations on time.

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

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

Reporting to tenants

According to the law, the homeowners association, namely the members of the board and its head, are obliged 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 legislative act established a clear form for the report, either for the board or for 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 members of the board and the head of the HOA should act.

Each of the tenants who is a member of the partnership must, without fail, familiarize themselves with the charter of the partnership. It describes the procedure for how, when and in what form it is obliged to report to the apartment owners.

Charter

As already mentioned, the charter of the partnership is the main legal document regulating the rights, functions, duties of its members, board and chairman. It is submitted as a constituent document for registering 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;
Owner signatures are not required.

A copy of the certified charter 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 statute itself contains:

addresses of buildings included in the HOA;
place and date of compilation;
the purpose for which the association was formed;
rights and obligations 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 registration of the partnership indicate that the founders of the HOA are members of its board.

They act as the face of the partnership, its managing part, which, like other members, is interested in proper maintenance of the house and proper quality services provided. If any of the members of the partnership wants to withdraw from the founders of the HOA, he must write an appropriate application. In this case, the consent of other residents is not required.

Any founder can be individual living in the house, and being the owner of the living space in it. The mention of the founders when registering an HOA as a legal entity is a formality. Members of the board and the chairman are registered with the ERGUL. If there are changes in the composition of the board, it is necessary to notify the fiscal service about this in order to make the appropriate amendments.

Register of HOA members

The register of members of a homeowners association should contain data that can be used 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 house property owned by each of them.

The standard registry form contains the following information:

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

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

A responsibility

The rules of work, functions, powers and obligations of the partnership of owners are written in housing law and 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 - the chairman, who is responsible for the actions of the association.

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

recruitment;
submission of tax returns;
maintaining and keeping records of the partnership;
conclusion of contracts.

The members of the board of the HOA 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 the partnership also means the following obligations:

use of areas that are in common shared ownership of all residents;
maintenance and preservation of order in public places;
carrying out repair work;
disposal of the common property of the partnership.

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

Decision making in partnership

All decisions are made jointly based on the results of the vote of homeowners held at the general meeting. From such a meeting, the very creation of an HOA begins, at which 50% of the owners of apartments in a house or several MKDs must declare their desire to organize a partnership. The meeting may 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 clauses of the charter, and resolve 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 conduct voting at meetings of the HOA, it is necessary to inform the residents of the house in advance about its date, time and place. At the event, decisions can be made only 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 items necessary for discussion and decision.

All decisions taken at the meeting are brought in, 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 vote is required for any decision to be made. 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 the apartment owners the right to decide for themselves what are the rules for managing the house and common property who will become the utility provider and so on. But the ability to make decisions independently can be both an advantage and a disadvantage.

Among the indisputable advantages of such a form of home management as an HOA, the following should be highlighted:

management of common property in the house in order to obtain additional funds for the improvement, maintenance and repair of MKD and: rent, advertising;
prompt resolution of emerging issues 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, the expenditure of funds;
you need to pay only for really necessary services, and not those that the management company imposes or pays by default, therefore, this will significantly reduce utility bills;
self-selection of contractors.

When creating an HOA, each tenant is responsible for the safety of common house property, 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 due to the partnership's profit, for example, by providing non-residential space for rent.

Homeowners associations also have their drawbacks. Each association has a group of activists, but no one can guarantee that they are literate and competent people. Excessive initiative and inability to understand the issue that has arisen, to conduct business properly.

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

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