Housing cooperatives are... Housing and construction cooperatives. Construction of residential apartment buildings

What is needed to open a cooperative?

The most important documents necessary for the process of registration and regulation of activities include the Charter, as well as the minutes of the meeting. The procedure is regulated by the Housing Code of the Russian Federation, Article 111, as well as Art. 112. In addition, it is worth mentioning the Civil Code of the Russian Federation, its general provisions, which deal with legal matters. faces.

Important! A cooperative can be created if there are at least 5 people (Article 112 of the Housing Code). But there is another limitation: there must be as many participants as there are residential premises in the building, but no more.

The decision that an organization will be created is made by the founders. To do this, a meeting must be held . The Housing Code of the Russian Federation does not say how it should take place, but it is mentioned that shareholders can take part in it.

If a positive decision was made at the vote, then the organization is considered to be created. After this, you need to adopt the Charter . All decisions made during the meeting must be recorded in the minutes.

From the moment the cooperative is registered with the Federal Tax Service, the provisions of the Charter are mandatory not only for those persons who voted for its adoption, but also for the cooperative, as well as for all other residents of the building included in the housing cooperative.

A cooperative can be called a voluntary association of citizens. Both citizens and legal entities can become participants. Strict age requirements apply, so only those over 16 years old can join the organization .

If a housing cooperative has been created in the house, you can dispose of the real estate only after becoming a member of the organization. But any participant in a building cooperative will receive ownership of housing only after he has paid the full payment for his share.

Important! The Charter must include the data mentioned in Art. 52 and 116 of the Civil Code, as well as in Art. 113 LCD.

Statutory document

The charter is necessary for registration of a legal entity in the required bodies and is the main constituent document.

The charter specifies the following information:

• name of the institution;
• location address;
• subject and purpose of work activity;
• method of enrollment as shareholders;
• rules for leaving or expulsion from society;
• liability for failure to comply with requirements;
• the procedure for implementing decisions by management and control bodies;
• way to get rid of losses;
• method of reorganization and removal of an enterprise.

During the formation of the charter, it must be taken into account that in order to finance construction for amenities, the organization should be registered as non-profit. For this purpose, it is necessary to create a clear formulation of the list of types of its main activities, taking into account the requirements of the law on taxation of corporate profits.

They determine the legal, economic and social basis for the organization, creation, implementation and liquidation of consumer communities and their associations, which form the basis of consumer cooperation in Russia. So, regulatory documents regarding consumer cooperatives.

1. Legislative norm of the Russian Federation 3085/1. Federal Law registered on June 19, 1992 with editorial changes made on July 2, 2013 under the title “On Consumer Societies...”.
2. Clause 2 Art. 123. 2 Civil Code of Russia.
3. Federal Law No. 193 edition 08.12.1995.
4. Federal Law No. 66 edition 04/15/98 “On horticultural ...”
5. Federal Law No. 190 “On credit cooperatives...”18. 07.09.

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as well as other norms of the domestic legal field that allow cooperatives to be equal participants in the market.

Program for housing cooperatives

The state is interested in citizens actively joining housing cooperatives. In order to increase the number of shareholders, changes were made to No. 161-FZ, which talks about measures to promote housing construction. The adoption of the amendments is aimed at simplifying the mechanisms for creating cooperatives, as well as providing housing cooperatives with state support.

Now the construction of housing will cost 30% of the cost of housing . The whole point is that the Housing Mortgage Lending Agency will provide free land plots for buildings.

In addition, the reduction in housing costs is ensured by the fact that the contractor's costs are significantly reduced , and there is no margin for the developer. There are no expenses for advertising promotion of the project, servicing loans and other factors that significantly increase prices.

Now the housing cooperative itself controls the choice of designers and contractors. The register of shareholders is under the control of the authorities, and the cooperative itself is responsible for maintaining documents. In addition, voluntary liquidation of a cooperative is now prohibited until the date when members of the organization receive ownership of housing.

Note! By choosing a housing cooperative with state support, shareholders do not have to worry that the project will turn into a long-term construction project. Fraudulent schemes, which previously resulted in defrauded investors, have been eliminated.

Accounting and reporting documents of organizations and individual entrepreneurs

Accounting and reporting can be accounting and tax. You can find out how one differs from the other in this article. Here we will limit ourselves to the fact that accounting is mandatory only for organizations, and tax accounting is carried out by all taxpayers (including LLCs and individual entrepreneurs). Based on this, the list of documents of the organization is much more significant than that of an individual entrepreneur, due to the financial statements.

The organization's accounting documents include:

• Accounting registers (general ledger, order journals, memorial orders, account transaction journals, turnover and accumulative statements, accounting books, inventory lists, etc.);
• Accounting statements (balance sheets, profit and loss statements, explanatory notes);
• Working chart of accounts;
• Accounting policy;
• Correspondence on accounting issues.

Documents related to tax accounting (which are maintained by both organizations and individual entrepreneurs) include:

• Tax returns;
• Books of accounting of income and expenses;
• Invoices;
• Purchase books and sales books;
• Documents confirming the tax loss, the amount of which has been carried forward to future periods;
• Acts of reconciliation with the Federal Tax Service and certificates of the status of settlements with the budget.

Primary documents record the fact of business transactions and are the basis for accounting and tax accounting:

• Cash documents and books;
• Bank documents;
• Warrants, timesheets;
• Invoices;
• Expense reports;
• Acts on acceptance and delivery of property and services;
• Acts on write-off of inventory items;
• Receipts, etc.

Agreements and documents confirming their execution:

• Treaties, agreements, contracts, invoice agreements;
• Protocols of disagreements under contracts;
• Correspondence, calculations, certificates, conclusions to contracts and agreements;
• Transaction passport;
• Liability agreements;
• Correspondence regarding accounts receivable/payable;
• Documents on acceptance of completed work (acts, certificates, invoices).

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Documents on cash register equipment:

• Cash register passport;
• Cash register registration card;
• Journal of the cashier of the operator;
• Service agreement with the service center;
• Used control tapes;
• Fiscal memory drives, etc.

Step-by-step instructions for creating a housing construction cooperative

Having decided to create a housing construction cooperative, citizens must act as follows:

1. Contact AHML and announce your intention that it is planned to create a cooperative. Provide primary information. These include information about what type of development is planned; how many people are in the cooperative; wishes about the future location of the house, etc.
2. A list of citizens interested in creating a housing cooperative is being compiled.
3. An application for the provision of a land plot is drawn up. The document is sent to AHML.
4. The agency finds a suitable site.
5. Creation of a housing construction cooperative. Registration of an organization with the tax service.
6. The cooperative must submit an application to the Agency. It must contain a request to transfer the plot on which the house stands for free use.
7. The Agency's Board decides that the territory will be transferred to the cooperative.
8. Drawing up an agreement on the free use of the plot. Signing of documents.
9. Construction of buildings on a designated area.
10. Putting objects into operation. Transfer of land and buildings into ownership.

Procedure

1. First you need to find out how many citizens will be included in the organization. Legal entities can also have membership. At the general meeting, the founders must vote for the creation of a cooperative, and all participants must express their opinions.
2. Next, the decision to create an organization and register it must be entered into the protocol. The minutes must include information that the Charter has been adopted.
3. Next, you should contact the tax office, where the state registration of the organization will take place. Documents must be submitted to the Federal Tax Service at the location of the housing cooperative.
4. After the procedure, a record of the cooperative will be entered into the Unified State Register of Legal Entities.

How to do it in an unfinished house?

In this case, the easiest way is to create an organization from scratch, and then contact the authorities with a request to transfer the unfinished facility to the balance sheet of the housing cooperative. But such a process can take a long time .

How to register?

State registration involves entering data about the cooperative into the Unified State Register of Legal Entities. To do this, you need to submit the following information to the Federal Tax Service :

• Charter and minutes of the meeting.
• Name of the organization. Address.
• An extract about the founders, if they are legal entities. It is made from the Unified State Register of Legal Entities. You must also provide copies of the companies' constituent documents.
• The director and members of the cooperative must provide TIN and passport data.
• Taxation system for housing cooperatives. It can be general or simplified.
• Application for registration in form P11001.
• A receipt confirming payment of the state fee.

It is necessary to register a housing cooperative with the Pension Fund of the Russian Federation and the Federal Compulsory Medical Insurance Fund . You need to get codes from Goskomstat . After this, the organization can open a bank account and make stamps.

Information in GIS

The organization must submit information to the state information system. To do this, the chairman needs to obtain a digital signature (qualified), then he can register on the portal (the procedure is similar for the housing and communal services of the HOA).

Video on how to correctly enter data into GIS:

How to register?

The fact of the emergence of a housing cooperative as a legal entity is associated with the procedure for its registration in accordance with the legislation on state registration of legal entities (see Article 114 of the Code).

General rules on state registration are contained in Art. 51 Civil Code of the Russian Federation.

A unified procedure is determined by Federal Law No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”.

The Tax Inspectorate enters information into the Unified State Register of Legal Entities. The Unified State Register of Legal Entities is open to anyone.

The fee for state registration of housing cooperatives is 4,000 rubles (Article 333.33 of the Tax Code of the Russian Federation). State registration is carried out within no more than 5 working days.

Through the Federal Tax Service

Documents must be submitted to the tax office in person or by mail. When sending, do not forget to declare the value of the letter and make an inventory of the attachment. The applicant has the right to be:

• Chairman of the Board (without power of attorney);
• founders (at creation);
• head of the founding legal entity;
• bankruptcy trustee or head of the liquidation commission;
• another person on the basis of a power of attorney or in cases provided for by the Federal Law.

The authorized person signs the application, indicates his passport data or information from another identification document, and his taxpayer identification number. The application is certified by a notary.

The registration authority issues a receipt of documents to the applicant or sends it by mail within the next business day with acknowledgment of receipt. You must also submit to the tax office:

• minutes of the general meeting on the creation of a legal entity;
• a notarized copy of the charter;
• for foreign founders – documents provided by law;
• document confirming payment of state duty.

The housing cooperative is considered created from the moment of its registration. After this, the founders become members of the cooperative.

Through MFC

You can also register a legal entity through the authorities of the MFC - a multifunctional center for the provision of state and municipal services.

All interaction with the tax authority will take place without the participation of the applicant. It is necessary to submit a set of documents to the MFC and appear at the appointed time to receive the result.

A payment document for state duty can be generated using a special service of the Federal Tax Service. Print it out and pay through any bank.

Depending on where the taxpayer submitted the documents, check the KBK code in the payment:

• 182 1 0800 110 – the service is provided by the tax authorities;
• 182 1 0800 110 – the service is provided by a multifunctional center.

Electronic

To apply online, take two steps:

• buy a CEP - a qualified electronic signature,
• download the program for preparing documents for state registration on the website nalog.ru

The application is filled out through the program. It must be printed, signed and scanned.

A “transport container” is being prepared on the website of the Federal Tax Service. To do this, select your CEP in the settings and open the application. The files are sent to the registration inspectorate.

The tax office will send a receipt for receipt of documents by email. If it is completed incorrectly, a notification will be sent. Don't worry, problems can be corrected.

After 5 working days, registration or refusal will be made. All documents certified by an electronic signature of a tax authority employee are sent to the applicant’s email address.

Reform and reorganization of housing cooperatives

The reform was carried out in 2020. From now on, it is much easier to obtain land for construction. If earlier it was necessary to pay 20% of share contributions for this, now this is not required. AHML transfers the land to housing cooperatives for free use . All these measures are aimed at enabling citizens to improve their living conditions.

In addition to the amendments to No. 161-FZ, changes were made to the Housing Code. Now, thanks to state support, members of the cooperative can use borrowed funds to pay for their shares. In this case, the share will act as collateral; the procedure is similar to mortgage lending. Today, a wide range of people can become shareholders of a cooperative.

Important! One cooperative member can own only one share. This guarantees the right to one living space. Low-income citizens receive special benefits. If an organization is created, and the authorities facilitate this, then such citizens have an advantage in joining.

When a housing cooperative is the only way out in case of bankruptcy of a developer

The formation of a housing cooperative from defrauded shareholders is possible subject to the following conditions.

• The difference in the cost of an unfinished house and the amount of debt to the participants is no more than 5% in favor of the first.
• Sufficient funds to pay off the developer's obligations of the 1st and 2nd stages.
• The frozen object has not been registered as collateral, or the pledge holder has given the go-ahead for its transfer to the housing cooperative.
• Adequate apartments in the building being completed for all shareholders.

If, after transferring the rights to the unfinished construction to the shareholders, the developer does not have enough funds to pay the remaining creditors, the members of the housing cooperative will have to collect and deposit the difference with the court. In addition to the amount to pay the developer’s creditors, shareholders will have to finance the completion of construction and commissioning of the house.

To create a housing cooperative for defrauded shareholders, a standard Charter is used. In addition to the standard ones, it must include the following points.

• Responsibilities of the cooperative. First of all, obligations to shareholders are prescribed - methods and terms for transferring apartments. This needs to be done in detail so that problems do not arise later. It is equally important to provide in the Charter an algorithm for cooperation with contractors, including a settlement system.
• Rights of housing cooperatives. Concluding only agreements that are beneficial for the cooperative and acting exclusively in the interests of shareholders. The cooperative has the right to open current accounts and carry out transactions on them. The right to change the board, hire employees - accountant, lawyer, etc. is also clarified.
• Creation and work of the audit commission. Its powers are discussed at the meeting, and candidates are selected from among the shareholders.
• Admission of new members and expulsion. The conditions and procedure are described in detail in the Charter.

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charter of housing cooperatives, originally registered with the Federal Tax Service Inspectorate, can be changed in the event of bankruptcy of the developer. The basis for making changes is the minutes of the meeting of shareholders with the decision recorded in it. The board of directors can unilaterally make changes to the Charter only if this is provided for in its earlier edition. Members of the cooperative must be notified of such changes.

Finishing a house on your own, through a housing cooperative, is very troublesome and time-consuming. It requires the involvement of specialists - a professional construction company, communications services, finishers, engineers, utility workers, etc. All this costs additional investments beyond those previously paid under the DDU agreement.

This situation unnerves the members of the cooperative - as a result, the apartments are an order of magnitude more expensive than the original cost, and the completion date of construction is postponed for an unknown period. Every step needs to be thought through, agreed upon and financed ourselves. How honestly does the board behave? Is he deceiving shareholders?

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Bankruptcy can occur without malicious intent. In our realities, an increase in the cost of building materials is possible. Because of this, mandatory payments will increase.

But if shareholders cannot close the holes in the budget, debts to builders may arise. The banks that issued the loan will also demand repayment.

Creditors will file a claim to declare the housing cooperative bankrupt in the Arbitration Court.

In this case, the demands of the cooperative members on the housing cooperative will be satisfied last.

Instead of a refund, participants can receive an unfinished construction project.

Members of the association can create a new housing cooperative, which will complete construction and hand over the objects within the time period established by the new agreement.

Write a complaint to the chairman

You can send a complaint to the chairman of the housing cooperative if he:

• missed the deadline for transferring the object;
• does not remove trash or clean the area;
• includes in the receipt snow removal that did not occur;
• inflated utility bills and did not recalculate them at your request;
• rented out non-residential premises without a decision of the general meeting;
• did not compensate you for property damaged by leaking pipes.

The procedure, terms and quality of housing and communal services (housing and communal services) are regulated by:

• RF PP “On the procedure for providing utility services to citizens of the Russian Federation” (applies to points that have not lost force);
• legislative act “On the protection of consumer rights”;
• main sources (code of laws) of Civil and Housing Law.

The complaint is drawn up by the applicant in free form. Its content will depend on the applicant's claim. The document contains information about cases of violation of the rights and interests of the shareholder.

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The applicant submits a document with an official request to the chairman of the cooperative in person against signature or by registered mail with notification and a list of the contents.

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