Russian Federation Federal Law on Homeowners' Associations (Part 3)

Definition of the concept of “real estate owners’ association”

Part 1 of Article 123.12 of the Civil Code of the Russian Federation defines the concept of TSN:

A partnership of real estate owners is recognized as a voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc.), created by them for joint possession, use and, within the limits established by law, disposal of property (things) that, by force of law, is in their common ownership or in common use, as well as to achieve other goals provided for by law.

TSN and HOA, SNT, DNT, ONT

The norms of the Civil Code of the Russian Federation on partnerships of real estate owners are general in relation to the norms regulating the activities of:

• homeowners' associations (Section VI of the Housing Code of the Russian Federation "Homeowners' Association");
• horticultural, gardening or dacha non-profit associations of citizens (SNT, DNT, ONT, consumer cooperatives) (Law of April 15, 1998 N 66-FZ “On horticultural, gardening and dacha non-profit associations of citizens”).

The provisions of these laws are special in relation to the general provisions of the Civil Code of the Russian Federation on partnerships of real estate owners.

Federal Law on Homeowners' Associations

Until 2005, there was a separate regulatory act regulating the procedure for creating and liquidating an organization, as well as describing its activities.

This was the Federal Law “On Homeowners' Associations” dated June 15, 1996 No. 72-FZ.

In 2005, this law lost force, since all its main provisions were transferred to the housing code. Now we need to focus specifically on the articles of the RF Housing Code.

But, since the partnership is a legal entity, it is worth relying on the norms of some articles of civil legislation.

Current edition

As of today, the edition of the Housing Code is in effect with the latest changes that came into force on 01/01/2020.

These changes do not affect homeowners' associations in any way. Therefore, it is worth relying on the old editions of this regulatory document.

The current version of the Housing Code contains the following rules related to partnerships of premises owners.

This:

Contents of the document

In the Housing Code of the Russian Federation, Section 6 is dedicated to partnerships of premises owners. This section includes chapters 13 and 14.

Chapter 13 is devoted to the creation and operation of the partnership. It includes articles regulating:

Chapter 14 describes the legal status of all participants in the partnership. These articles describe:

Creation of a HOA

Art. is devoted to this topic. 135 and art. 136 Housing Code of the Russian Federation. They say that the decision to create a partnership is made at a general meeting of the owners of all premises.

The meeting itself will be considered quoting, that is, having its legal force, if more than half of all owners are present at it.

The decision is made by a simple vote - everyone present must vote for or against.

To make a positive decision, more than 50% of those present need to vote “for”.

State registration of a created partnership is carried out in the same way as any other legal entity. The basis is the minutes of the meeting.

Rights and responsibilities of the organization and chairman

Since this is a non-profit organization, it must have a chairman and a governing body. In an HOA, these are the chairman and the board, respectively.

Both the partnership itself and the chairman have their own rights and obligations in relation to the members of the organization. The powers under the Housing Code of the Russian Federation are listed in Art. 137, art. 138 and art. 149 Housing Code of the Russian Federation.

What documents are needed to create an HOA, read the article: HOA (Homeowners' Association) documents. Where to complain about the chairman of the HOA, read here.

The chairman, as well as the members of the board, are elected at the general meeting in the same way - by simple voting. The term of their powers is at least 2 years.

But, under certain circumstances, at the same meeting the issue of re-election of both the chairman and the board itself may be decided.

The main responsibility of the organization itself is to ensure comfortable living of the owners in this particular house, as well as meeting the needs of these owners.

For example, landscaping a sports ground. The main responsibility of the chairman is to ensure effective management of the house.

Board members must ensure:

Manager's powers

As already mentioned, the head of an organization such as a HOA is its chairman.

The powers of the chairman include:

When drawing up the main constituent document - the Charter

The charter is the main document of the partnership, since it is a non-profit organization.

A draft charter is being developed by the chairman and members of the board. But it is adopted and approved at a general meeting of all members.

Each clause of the charter is developed taking into account the specifics of the HOA’s activities. You can use the standard form of charter for non-profit organizations as a basis.

But each point of the document must be discussed at the meeting and approved by a simple majority of votes.

The approved charter is signed by the chairman of the partnership, as a person acting in the interests of its members.

Liquidation of a partnership

The process of terminating the activities of a partnership is devoted to Art. 141 Housing Code of the Russian Federation. It says here that an HOA can cease its activities, both on a voluntary basis and forcibly.

Voluntary liquidation is carried out by a decision taken at a general meeting of members.

The initiative for liquidation is taken by one of the members or a group of members of the partnership.

A corresponding statement is written to the chairman, indicating the reasons that the initiative group considers significant for termination of activities.

As a rule, such reasons are that the partnership itself and its chairman, in particular, do not cope with their responsibilities for the effective management of a particular house. Forced liquidation is carried out in court.

The initiator can be:

The reasons for forced liquidation may be:

Signs of TSN

The key features of these types of non-profit corporate organizations are:

• voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc.);
• creation of an association for joint ownership, use and, within the limits established by law, disposal of property (things) that, by force of law, are in their common ownership or for common use;
• achieving other goals provided for by law.

The difference between TSN and HOA

The concept of “TSN” is a broader concept compared to HOA.

TSN is an association of owners of different types of real estate, while within the framework of the HOA only owners of premises in apartment buildings are united.

For more information, see “Homeowners Association (HOA). Concept":

• Definition of HOA
• HOA governing bodies
• HOA and TSN
• The difference between HOA and TSN
• The emergence of the concept of TSN does not cancel the HOA
• Is it necessary to re-register the HOA in TSN?
• Attachments

1. A partnership of real estate owners is recognized as a voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc.), created by them for joint ownership, use and, within the limits established by law, disposal of property (things) that, by force of law, are in their common ownership or in common use, as well as to achieve other goals provided for by law.

2. The charter of a partnership of real estate owners must contain information about its name, including the words “association of real estate owners”, location, subject and purpose of its activities, composition and competence of the bodies of the partnership and the procedure for making decisions by them, including on issues, decisions on which are adopted unanimously or by a qualified majority of votes, as well as other information provided by law.

3. The association of real estate owners is not liable for the obligations of its members. Members of a real estate owners' association are not liable for its obligations.

4. By decision of its members, a real estate owners' association may be transformed into a consumer cooperative.

The current version of the law on HOAs

Its essence is that the house is in an acceptable condition, suitable for the people living there.

The current edition implies control over the following works:

• Providing housing with electricity, gas, water without interruptions;
• Garbage and waste removal;
• Monitoring the operation of heating equipment at home and, if necessary, repairing it;
• Maintaining cleanliness, acceptable temperature, humidity in premises that are in the public domain;
• Carrying out repairs if necessary;
• Preparatory activities for the seasons.

Now let's figure out what is included in this Federal Law. Or rather, let’s talk about its main section – the activities of HOAs. For this purpose, there is a sixth section in the housing code.

How to create an HOA

An HOA can be created provided that it includes a certain number of people. More precisely, half the votes from everyone are taken and there should be more than this half of people in the HOA. The vote is counted if the owner of the home voted in the building where they are going to create an HOA.

⇒ See articles 136 and 135 of the Housing Code. ⇐

The charter will be established at a meeting of residents - members of the HOA. The HOA Law states that after registration, the association of residents who are members of the HOA is considered a legal entity. It has a bank account, a name and its own seal.

Everyone who voted for the creation of the HOA signs the corresponding protocol.

To register a legal entity you need the following papers:

• Minutes of the meeting of residents, where it was decided to create an HOA and the charter was established;
• The statute itself;
• Information about those who voted and the shares they own.

Powers, rights and obligations of the organization and its chairman

Homeowners' associations have the right to enter into agreements with energy-saving companies to provide utility services to its members. Can monitor income and expenses, and based on this, set the amount of membership fees. This is stated in the articles of the RF Housing Code under numbers 147 and 149 (download if you want to read the original).

The Law on Homeowners' Associations stipulates that it must manage the house, carry out its technical and sanitary maintenance and the territory that belongs to it. Engaged in repairs of property that is common, enters all members of the HOA into the register and removes them as necessary. That is, everything must be under control, and the partnership, as an organization, submits reports to regulatory authorities, tax and statistical authorities. (see article 148 in the new Housing Code).

If it is decided that something needs to be changed or supplemented in the charter, then the HOA is obliged to provide a copy of the charter and the residents’ decision on the change to the executive authorities.

At the general meeting of the HOA members, they elect the chairman of the board, and it is decided how much will be paid to employees who work on the basis of an employment contract.

Those who have premises in an apartment building must pay expenses that go towards maintaining the common property of the house.

The chairman is obliged at the end of the year to report to the members of the HOA about what the income, expenses were and what the budget is at the moment. And also tell us in general about the work done during the year.

HOA Charter

The charter is an important document. It is primarily accepted at the meeting by those who decided to organize an HOA to manage the house. Without him, the partnership cannot exist.

Of course, the charter is not created from scratch. A ready-made, standard version is taken and remade as needed. This is permitted by the civil code, which saves time and effort.

The standard HOA charter allows for the creation of a supervisory board. Changes can be made to the current sections of the charter based on the protocol. Next, an application is drawn up, certified by a notary and submitted to the tax office.

Liquidation of HOA

You can close an HOA either voluntarily or by court decision. The following reasons may serve as the basis for this:

• The assigned duties are not fulfilled;
• The owners decided that all the required tasks had been completed and there was no longer a need for the HOA;
• The activities of the partnership violate the law.

Now let's talk about how this happens. Let's start with voluntary liquidation. First, all members of the homeowners association gather and decide to close. But if liquidation is hindered, then we need to act differently.

Liquidation through court is done as follows:

1. An initiative group is created from members of the partnership.
2. She is holding a campaign event to close the HOA.
3. Those who are in favor of liquidation apply for the exclusion of their partnership of owners, but it is necessary that in the end less than 50% remain.
4. Those who came out are filing a lawsuit on the grounds that the requirements of the law are not being followed.

Then the claim is satisfied by the court. Next, a liquidation commission is organized. It can be created at a meeting if the decision was made voluntarily.

Price, results and why they may refuse

It is impossible to name the exact amount. But it starts at 4,000 for the state fee plus the costs of various documentation.

After closing, a document about this will be issued. There may be different reasons for refusal at any stage. For example, the tax office will announce that the documents were completed incorrectly, including the application.

The court may find the closure demands illegal.

Other reasons could be:

• Late payment of membership fees;
• Poor maintenance of housing by the partnership;
• Ignoring technical and sanitary standards;
• Failure to respect the rights of residents of the partnership and those who are not.

In any of these cases, the court may refuse, but hold the HOA management accountable.

You need to prepare for liquidation carefully so as not to make things worse for yourself.

It is possible to close an HOA on the grounds of bankruptcy. To do this, an application for recognition of insolvency is submitted to the court.

Commentary on Article 123.12 of the Civil Code of the Russian Federation

1. From September 1, 2014, the Civil Code of the Russian Federation expands the regulation of associations of owners of this or that real estate. Let us recall that previously there were only homeowners' associations - organizations whose activities were carried out by the Civil Code of the Russian Federation, its Art. 291 “Associations of homeowners” (in accordance with it, a whole section with a name similar to the title of Article 291 of the Civil Code was placed in the Housing Code of the Russian Federation). According to Part 1 of Art. 135 of the Housing Code of the Russian Federation, a homeowners' association is recognized as a non-profit organization, an association of owners of premises in an apartment building for joint management of a complex of real estate in an apartment building, ensuring the operation of this complex, ownership, use and, within the limits established by law, disposal of common property in an apartment building. The commented article expands the possibilities of creating partnerships of real estate owners; such organizations can unite owners of not only housing, but also non-residential premises, owners of country houses, land plots, etc.

2. Regulatory legal acts use the concept of “partnership” to define various associations of economic entities.

Classification of partnerships can be made on various grounds. However, it seems that the key factor that constitutes the main difference between such associations should remain the purpose of the organization and activities of the partnership. Part one of the Civil Code of the Russian Federation, naming such types of partnerships as full and limited partnerships (limited or mixed), indicates that these are legal entities whose main purpose is to generate profit, which allows them to be called entrepreneurial-type partnerships.

Along with this, the Civil Code of the Russian Federation in the section “Certain types of obligations” provides for the possibility of concluding a simple partnership agreement, according to which persons, combining their contributions, act together without forming a legal entity (Chapter 55). Such an association can be defined as a contractual type partnership.

In contrast to the aforementioned associations, there are partnerships created and functioning to primarily satisfy the needs of their members, which makes it possible to call them consumer-type partnerships. Such partnerships, of course, include partnerships of real estate owners.

In the legal literature one can find a judgment that such partnerships belong to consumer cooperatives <1>. Statements of this kind are based on the fact that the legislator imposes many general requirements on partnerships of real estate owners (in this particular case, housing) and consumer cooperatives. Indeed, both entities, as legal entities, belong to non-profit organizations. However, it seems that there are more weighty arguments in favor of the fact that real estate owners' partnerships are an independent organizational and legal form of legal entities.

——————————— <1> See, for example: Commentary on the Civil Code of the Russian Federation. Part one. M.: Yurinformtsentr, 1995. P. 313; Mushinsky V.O. Fundamentals of civil law. M.: International Relations, 1995. P. 40; Civil law of Russia: Course of lectures. Part one. M.: Legal. lit., 1996. P. 220.

One of the most important differences between real estate owners' associations and consumer cooperatives is that in real estate owners' associations there are no share legal relations. In cooperatives, the funds of the mutual fund are the funds of a legal entity and have a strictly designated purpose: they are intended exclusively to pay for the construction or cost of the built house <1>. And members of real estate owners' associations, as is clear even from the name and confirmed by civil law, are the owners of real estate, i.e. they paid for or purchased premises, land, etc. for various reasons before entering into a partnership (or before its formation).

——————————— <1> Gendzekhadze E.N. Housing and construction cooperatives in the city and in the countryside. M.: Publishing house Mosk. Univ., 1976. P. 105.

Another difference arises from a provision not previously contained in legislation on consumer cooperation. We are talking about a novelty that significantly expands the rights of members of consumer cooperatives - the ability of a consumer cooperative to distribute income received among its members in accordance with the law and charter. A real estate owners' association does not have such a right.

The next difference is that members of the association of real estate owners do not have such an obligation as the need to cover the resulting losses through additional contributions (available to members of the cooperative).

The differences that lie in the plane of property relations are very significant. As a general rule, a partnership of real estate owners is not the subject of ownership rights to premises, land plots, etc., as well as to public facilities. Cooperatives act as owners of their property, including real estate.

For a more complete analysis of the differences between consumer cooperatives and real estate owners' associations, it seems necessary to point out that under the circumstances noted in the law, real estate owner's associations arise on the basis of certain types of consumer cooperatives. These types include housing and housing-construction, dacha and garage cooperatives, whose members have fully paid their share contributions. In such cases, the last part of the contribution acts as a catalyst—a transformer of legal relations: obligatory housing legal relations are transformed into legal property relations. The core of cooperative relations is share legal relations; they cease to exist as such, and the right to use housing is no longer based on the fact of membership in the cooperative, but on the right of ownership.

3. The possibility of creating and operating associations of real estate owners in the Russian Federation appeared somewhat earlier than the entry into force of the Federal Law of June 15, 1996 N 72-FZ “On Homeowners' Associations”, the Housing Code of the Russian Federation and, especially, the new norms of the Civil Code of the Russian Federation that came into force in force from September 1, 2014. Here it is appropriate to recall the privatization legislation, Art. 51 of the Law of the USSR of May 26, 1988 N 8998-XI “On Cooperation in the USSR” and some other acts. However, these regulations, while providing for the right of owners of residential premises to unite in partnerships and other associations, did not provide a clear and unambiguous definition of the legal status of a homeowners’ association.

At the federal level, the possibility of organizing associations of owners of residential premises was first provided for by the RSFSR Law of July 4, 1991 N 1541-1 “On the privatization of housing stock in the RSFSR,” according to which the owners of privatized housing were given the right to create partnerships and other associations. Nevertheless, this norm did not find any real implementation, since the said Law did not go further than the proclamation of such a right. The next act was the Law of the Russian Federation of December 24, 1992 N 4218-1 “On the fundamentals of federal housing policy.” In its development, the Decree of the President of the Russian Federation of December 23, 1993 N 2275 <1> approved the Temporary Regulations on Condominiums. However, these regulations were very contradictory, and, as a result, their implementation was difficult. Thus, the Law on the Fundamentals of Federal Housing Policy, which contains only two articles devoted to the associations in question, using the term “condominium”, on the one hand, characterized it as a partnership of real estate owners in the housing sector (Article 1, Part 1 of Article 8), and on the other hand, he indicated that such a partnership owns, by right of common ownership, including joint property, the common use objects of an apartment building (Part 2 of Article 8). Further, the Law in question indicated the objects that are combined in a condominium (Part 4, Article 8), i.e. Essentially it was a question of a type of common property.

——————————— <1> Collection of acts of the President and Government of the Russian Federation. 1993. N 52. Art. 5079.

The temporary condominium provision attempted to “tweak” the statute. Leaving the legality of such “amendments” beyond the scope of the study, we note that the Temporary Regulations regulated in some detail, among other issues, the legal status of homeowners’ associations. And yet, its effect was practically neutralized by the rule providing for the possibility of organizing such legal entities not on a voluntary, but on a mandatory basis. This Regulation (it seems obviously unenforceable) forced the state authorities of the constituent entities of the Russian Federation (Moscow, Sverdlovsk and Yaroslavl regions, etc.) to adopt their own provisions. It should be noted that the associations of homeowners that arose before the adoption of the Law on Homeowners' Associations were organized mainly thanks to regional regulations.

Studies of that time rightly noted that the main reasons hindering the formation of homeowners' associations were incomplete and contradictory legislation, lack of understanding of benefits and rights, and imperfect laws governing private ownership of real estate and the organization of associations <1>.

——————————— <1> Gardner D. Demonstration project for the creation of associations (condominiums) of homeowners in Kharkov (Ukraine) and Yekaterinburg (Russia) // Reforming housing policy in Ukraine in the transition period: International conference. Kyiv: State Committee of Ukraine for Urban Planning and Architecture, 1994. P. 70.

4. Subparagraph 5 of Chapter. 4 of the Civil Code of the Russian Federation contains three articles - 123.12, 123.13 and 123.14, directly related to real estate owners' associations.

In addition, it is in the commented article that it is indicated that partnerships of real estate owners must be created and operate in accordance with federal laws. According to the commented article, a partnership of real estate owners is a non-profit organization, the legal status of which is determined by the relevant laws. As you can see, the Civil Code of the Russian Federation involves the adoption of federal laws regulating the organization and activities of these types of non-profit organizations.

Taking in 2004

Rights and obligations of the HOA

Homeowners' Association Rights

(HOA) are defined by Art. 137 of the Housing Code of the Russian Federation. According to this article, a homeowners association (HOA) has the right to:

1) conclude, in accordance with the law, a management agreement for an apartment building and other agreements ensuring the management of an apartment building, including the maintenance and repair of common property in an apartment building;

2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property in an apartment building, the costs of major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as expenses for others established by this chapter and the articles of association of the purpose partnership;

3) establish, on the basis of the accepted estimate of income and expenses for the year of the partnership, the amounts of payments and contributions for each owner of premises in an apartment building in accordance with his share in the right of common ownership of common property in the apartment building;

4) perform work for the owners of premises in an apartment building and provide them with services;

5) use loans provided by banks in the manner and under the conditions provided for by law;

6) transfer material and monetary resources under an agreement to persons performing work for the partnership and providing services to the partnership;

7) sell and transfer for temporary use, exchange property belonging to the partnership.

Automate the HOA

In cases where this does not violate the rights and legitimate interests of the owners of premises in an apartment building, the homeowners association has the right to:

1) provide for use or limited use part of the common property in an apartment building;

2) in accordance with the requirements of the law, in the prescribed manner, build on, rebuild part of the common property in an apartment building;

3) receive for use or receive or acquire land plots into common shared ownership of the owners of premises in an apartment building for housing construction, construction of utility and other buildings and their further operation;

4) carry out, in accordance with the requirements of the law, on behalf and at the expense of the owners of premises in an apartment building, the development of allocated land plots adjacent to such a house;

5) enter into transactions and perform other actions consistent with the goals and objectives of the partnership.

If the owners of premises in an apartment building fail to fulfill their obligations to participate in common expenses, the homeowners’ association has the right in court to demand forced reimbursement of mandatory payments and contributions.

A homeowners' association may demand in court full compensation for losses caused to it as a result of the failure of the owners of premises in an apartment building to fulfill their obligations to pay mandatory payments and contributions and pay other general expenses.

It should be noted that the list of rights of the HOA must be contained in the charter of the partnership. At the same time, the charter may provide for a greater scope of rights of the partnership. Of course, all the rights and powers of the HOA, additionally provided for in the charter, should not violate the rights of its participants.

Responsibilities of the Homeowners Association

(HOA) are defined by Art. 138 of the Housing Code of the Russian Federation. According to this article, a homeowners association (HOA) is obliged to:

1) ensure compliance with the requirements of this chapter, the provisions of other federal laws, other regulatory legal acts, as well as the charter of the partnership;

2) manage an apartment building;

3) fulfill obligations under the contract in the manner prescribed by law;

4) ensure proper sanitary and technical condition of common property in an apartment building;

5) ensure that all owners of premises in an apartment building fulfill their responsibilities for the maintenance and repair of common property in an apartment building in accordance with their shares in the right of common ownership of this property;

6) ensure compliance with the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for ownership, use and disposal of common property;

7) take measures necessary to prevent or terminate actions of third parties that impede or interfere with the exercise of the rights of ownership, use and, within the limits established by law, of the owners of premises with common property in an apartment building;

represent the legitimate interests of the owners of premises in an apartment building related to the management of common property in this building, including in relations with third parties;

9) maintain a register of members of the partnership and annually during the first quarter of the current year send a copy of this register to the executive authorities of the constituent entities of the Russian Federation;

10) submit to the authorized executive authorities of the constituent entities of the Russian Federation, within three months from the date of state registration of changes made to the charter of the partnership, certified by the chairman of the partnership and the secretary of the general meeting of members of the partnership, a copy of the charter of the partnership, an extract from the minutes of the general meeting of members of the partnership on the decision to introduce amendments to the charter of the partnership with copies of the texts of the relevant amendments certified by the chairman of the partnership and the secretary of the general meeting of members of the partnership.

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Rights and obligations of HOA members, as well as persons who are not members of the HOA

Current activities of the HOA

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Law on Homeowners' Associations and Homeowners' Associations, as amended

LC RF, containing (among other things) section. VI “Homeowners Association”, the legislator acted in pursuance and in accordance with paragraph 2 of Art. 291 of the Civil Code of the Russian Federation, which indicates the level of the normative legal act - federal law, as well as taking into account the effect of the Law on Homeowners' Associations and the corresponding law enforcement, including judicial, practice.

One cannot but agree with the opinion of S.M. Korneev that the regulation of the organization and activities of homeowners’ associations is “a product of state intervention in this area” <1> (this, of course, applies to all real estate owners’ associations). At the same time, it seems that the absence of such “interference” provides the basis for abuses and violations of the rights and legitimate interests of citizens.

——————————— <1> Civil law of Russia during the transition to a market: Sat. articles in memory of prof. V.P. Gribanova. M.: De Jure, 1995. P. 171.

Since currently detailed regulation of organization and activities exists only in relation to one type of real estate owners' associations - homeowners' associations, we believe that, along with the Civil Code of the Russian Federation, it is necessary to use the norms of Section. IV Housing Code of the Russian Federation by analogy.

5. The creation of a homeowners’ association is possible if there are several owners of residential or non-residential premises in one residential building. In this case, the number of members of the homeowners’ association must exceed 50% of the total number of owners of residential premises in an apartment building. In accordance with Art. 136 of the Housing Code of the Russian Federation, owners of premises in one apartment building can create only one homeowners’ association. The decision to create a homeowners' association is made by the owners of premises in an apartment building at their general meeting. Such a decision is considered adopted if the owners of premises in the corresponding apartment building, having more than 50% of the votes of the total number of votes of the owners of premises in such a building, voted for it.

A homeowners' association can be created by merging:

- several apartment buildings, the premises of which belong to different (no less than two and no more than 30) owners of premises in an apartment building, with land plots located on a common land plot or several neighboring (bordering) land plots, with engineering and technical support networks and other infrastructure elements;

- several buildings, structures or structures located nearby - residential buildings intended for single-family residence, country houses with or without personal plots, with garages and other objects located on a common land plot or on several neighboring (bordering) land plots, utility networks - technical support and other infrastructure elements.

6. In accordance with Art. 51 of the Civil Code of the Russian Federation, any legal entity is subject to state registration in the manner determined by the Law on Registration of Legal Entities. From the moment of state registration, the partnership of real estate owners acquires the rights of a legal entity <1>.

——————————— <1> Commentary on the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” / Ed. B.M. Gongalo, P.V. Krasheninnikova. 3rd ed., revised. and additional M.: Statute, 2006.

7. In order to satisfy the various needs of its members, the partnership enters into numerous property relationships with various legal entities and individuals.

A real estate owners' association has the right to:

— enter into an agreement for the management of real estate and common property, as well as agreements on the maintenance and repair of common property, on the provision of utilities and other agreements in the interests of members of the partnership;

— determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property, the costs of repair and other work, special contributions and deductions to the reserve fund, as well as expenses for other purposes established by the charter of the partnership;

- establish, on the basis of the accepted estimate of income and expenses of the partnership for the year, the amounts of payments and contributions for each owner in accordance with his share in the right of common ownership of common property;

— perform work for property owners and provide them with services;

- use loans provided by banks in the manner and under the conditions provided for by law;

- transfer material and monetary resources under the contract to persons performing work for the partnership and providing services to it;

- sell and transfer for temporary use, exchange property belonging to the partnership.

In cases where this does not violate the rights and legitimate interests of property owners, the partnership has the right to:

- provide for use or limited use of part of the common property;

- in accordance with the established procedure, build on, rebuild part of the common property;

— receive for use or receive or acquire land plots and other property into the common shared ownership of real estate owners;

- carry out development on land plots owned by the owners on behalf and at the expense of real estate owners;

— enter into transactions and perform other actions consistent with the goals and objectives of the partnership.

If the property owners fail to fulfill their obligations to participate in common expenses, the partnership has the right in court to demand forced reimbursement of obligatory payments and contributions.

The partnership may demand in court full compensation for losses caused to it as a result of the failure of real estate owners to fulfill their obligations to pay mandatory payments and contributions and pay other general expenses.

The partnership is obliged:

— ensure compliance with the requirements, provisions of regulatory legal acts, as well as the charter of the partnership;

— enter into agreements on the maintenance and repair of common property with property owners who are not members of the partnership;

— fulfill obligations under the contract;

— ensure proper sanitary and technical condition of common property;

- ensure that all property owners fulfill their obligations for the maintenance and repair of common property in accordance with their shares in the right of common ownership of this property;

— ensure compliance with the rights and legitimate interests of property owners when establishing the conditions and procedure for ownership, use and disposal of common property;

— take measures necessary to prevent or stop actions of third parties that impede or interfere with the exercise of the rights of ownership, use and, within the limits established by law, of the disposal of real estate owners with common property;

— represent the legitimate interests of property owners, including in relations with third parties.

8. Of course, the main task of the partnership is to perform the function of sharing real estate.

Management, maintenance and operation of real estate can be carried out either on our own or by other organizations.

In the first case, the partnership employs citizens engaged in maintaining facilities (locksmiths, electricians, cleaners, security guards, janitors, etc.) under an employment contract. The general meeting, upon the proposal of the chairman of the board, adopts the internal regulations of the partnership's service personnel and regulations on the remuneration of the specified citizens.

In the second case, the partnership enters into an agreement with the operating organization for the maintenance of real estate. Under such an agreement, the operating organization undertakes to carry out repair work, cleaning of public facilities, garbage removal, maintenance of central heating systems, water supply, etc.

Maintenance and operation of gas and elevator equipment can only be carried out by specialized organizations, with which the partnership also enters into relevant agreements.

Once again, attention should be paid to the fact that partnerships of real estate owners are non-profit organizations; they have the right to engage only in those activities that are provided for in the charter. The Civil Code of the Russian Federation establishes the possibility of carrying out entrepreneurial activities by such organizations, but this is due to two points:

— entrepreneurial activity must serve the purposes for which the partnership was created;

— when making a profit, the organization does not have the right to distribute the profit received among the participants of the organization.

When carrying out entrepreneurial or other activities, the partnership is independently liable for its obligations with all the property belonging to it; the members of the partnership are not liable for its debts.

Current version of Art. 123.12 of the Civil Code of the Russian Federation with comments and additions for 2020

1. A partnership of real estate owners is recognized as a voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc.), created by them for joint ownership, use and, within the limits established by law, disposal of property (things) that, by force of law, are in their common ownership or in common use, as well as to achieve other goals provided for by law.

2. The charter of a partnership of real estate owners must contain information about its name, including the words “association of real estate owners”, location, subject and purpose of its activities, composition and competence of the bodies of the partnership and the procedure for making decisions by them, including on issues, decisions on which are adopted unanimously or by a qualified majority of votes, as well as other information provided by law.

3. The association of real estate owners is not liable for the obligations of its members. Members of a real estate owners' association are not liable for its obligations.

4. By decision of its members, a real estate owners' association may be transformed into a consumer cooperative.

Homeowners' Association Law

Thus, instead of a separate regulatory document, legal norms relating to HOAs became part of a codified act regulating housing relations.

However, there are rules dedicated to HOAs in other laws. For example, the Civil Code, where HOAs are considered as one of the forms of non-profit legal entities.

Current edition

Currently, all issues related to HOAs are regulated by the Housing Code of the Russian Federation. Section 6 of this document is devoted to them.

It addresses the following aspects of the activities of a homeowners association:

• creation and activity;
• legal status of participants;
• liquidation procedure.

Content

The homeowners association section includes two chapters 13 and 14.

The first of them, “Creation and activities of HOAs,” contains rules on:

• creation and registration;
• owner rights;
• responsibilities of members of the partnership;
• reorganization;
• liquidation;
• HOA association.

The chapter “Legal status of HOA members” regulates the following points:

• HOA membership;
• rights of non-owners;
• controls;
• general meeting, its competence, procedure;
• legal status of the chairman, board and audit commission;
• HOA funds and property;
• economic activities of this organization.

The charter of the HOA in 2020 is drawn up in accordance with current legislation. Where to complain about the HOA? Find out here.

Creation of a homeowners association

According to Article 135 and Article 136 of the Housing Code of the Russian Federation, the decision to create a non-profit partnership is made by the owners of the premises at a general meeting.

The decision is made in writing and signed by everyone who voted for it.

Of the total number of apartment owners, those wishing to create an HOA must account for more than half.

Rights and responsibilities of the organization and chairman

The chairman and board of the HOA are elected by the general meeting for the period specified in the charter. These are the executive bodies of the HOA.

Their rights and obligations are disclosed in Article 147, Article 149 of the RF Housing Code.

The responsibilities of these bodies include the actual management of the apartment building, that is:

• concluding contracts for the performance of necessary work and provision of services;
• collection of contributions;
• settlements under concluded contracts.

Authority

The chairman of the board is the legal representative of the HOA in all areas of its activities.

That is, he has the right:

• act on behalf of the partnership without a power of attorney, only on the basis of the charter;
• signatures of all organizational and financial documents, with the exception of those that are within the competence of the general meeting of residents.

About information disclosure

According to Article 148 of the Housing Code of the Russian Federation, the board of the HOA is obliged to draw up estimates of income and expenses and approve them at the general meeting of members of the partnership.

The current version of the law does not contain other provisions regarding the disclosure of HOA activities.

Inconsistency of the charter

The HOA charter is the most important document of the organization. When drawing it up, it is necessary to take into account not only the wishes of the owners, but also the requirements of the law.

Here you can download a sample HOA charter.

The charter must not contradict the provisions of the Housing Code. Therefore, when compiling it, it would not be superfluous to consult a lawyer, a specialist in Housing Law

Liquidation

Liquidation of an HOA takes place in the manner prescribed by civil law.

But the decision on this is made by the highest governing body of the house - the general meeting of residents. It is considered adopted if more than half of the owners vote for it.

A claim for liquidation of the HOA is filed in court. How to re-elect the chairman of the HOA? Read here.

How to organize a HOA in a cottage community? Step-by-step instructions in this article.

Commentary on Article 123.12 of the Civil Code of the Russian Federation

1. A special type of non-profit corporate organizations are partnerships of real estate owners. In the indicated name, this organizational and legal form was first introduced into the Civil Code of the Russian Federation on September 1, 2014, but it is not fundamentally new. So, in particular, Art. 291 of the Civil Code of the Russian Federation establishes the legal status of a homeowners' association as a non-profit organization created and operating in accordance with the law on homeowners' associations.

The creation of homeowners' associations was a consequence of the large-scale privatization of state and municipal housing. Citizens, having become the owners of individual residential premises in apartment buildings, were faced with the need to jointly operate building elements common to all apartments (basements, roofs and attics, landings, elevators, sanitary and other equipment, etc.). At the same time, due to the voluntariness of housing privatization, some (non-privatized) apartments retained their previous owners, including public ones, who also faced this need. The legislation recognized the creation of homeowners' associations as one of the main organizational and legal forms for solving these problems.

________________ See Civil law. In 4 volumes. T.1: General part / ed. E.A. Sukhanov. M.: “Wolters Kluwer”, 2004 / URL: https://eknigi.org/biznes/43686-grazhdanskoe-pravo-tom-i-easuxanova-m-volters.html Paragraph 1 of the commented article gives the legislative definition of the concept of a real estate owners’ partnership .

Find out about the consequences of the entry into force of No. 277-FZ from the video magazine

In the new issue of the online magazine “Housing and Communal Services: Dreams Come True,” the head of the Expert Council of the P1 Association, Elena Shereshovets, spoke about the negative consequences for management companies of the adoption of Federal Law No. 277-FZ of July 31, 2020, which gave the chairmen of the Councils of MKD the right, with the consent of the OSS, to sign management agreement and acceptance certificates for completed work:

➡️ Watch the video on the P1 Association channel on YouTube

In Part 8 of Art. 161.1 of the RF Housing Code as amended by No. 277-FZ now states that the Chairman of the Council of MKD acts on the basis of:

• powers of attorney issued to him by the owners;
• the decision of the general meeting, which vested him with powers.

In the first case, the chairman represents the interests of only those owners who issued powers of attorney to him, in the second - all owners of premises in the apartment building.

Elena Shereshovets, examining the innovation, noted that in order to vest the chairman of the MKD Council with the authority to sign a management agreement or acts of work performed, there was no need to rewrite the RF Housing Code: such norms are already contained in the RF Civil Code and confirmed by judicial practice. Find out more by watching the online magazine issue.

The expert told how to draw up acts on temporary residents
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Homeowners Association Law

The key features of this type of non-profit corporate organizations are: - a voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc. ); - creation of an association for joint ownership, use and, within the limits established by law, disposal of property (things) that, by force of law, are in their common ownership or in common use; — achieving other goals provided for by law.

2. Paragraph 2 of the commented article determines the specific content of the charter of the real estate owners’ association. Other information that may be included in the charter is determined by the legislation of the Russian Federation, which affects general issues of the content of the constituent documents of legal entities.

3. Paragraph 3 of the commented article further establishes the general principle of the absence of mutual liability between a corporate legal entity and its members.

4. Paragraph 4 of the commented article establishes the only possible organizational and legal form of transformation of the partnership of real estate owners. By decision of its members, such a partnership can be transformed into a consumer cooperative.

Here you should pay attention to the provisions of Art. 140 of the Housing Code of the Russian Federation, which provides for a specific type of consumer cooperative, which can be chosen when transforming a homeowners’ association by decision of the general meeting of owners of premises in an apartment building. A homeowners' association can be transformed into a housing or housing-construction cooperative. Similarly, in paragraph 3 of Art. 123.2 of the Civil Code of the Russian Federation establishes that a housing or housing-construction cooperative, by decision of its members, can only be transformed into a partnership of real estate owners.

5. Applicable legislation: — Civil Code of the Russian Federation (Article 291); — Housing Code of the Russian Federation (Section VI “Homeowners’ Association”, etc.); — Federal Law dated April 15, 1998 N 66-FZ “On gardening, gardening and dacha non-profit associations of citizens.”

Consultations and comments from lawyers on Article 123.12 of the Civil Code of the Russian Federation

If you still have questions regarding Article 123.12 of the Civil Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

possible by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

Rights and obligations of the management organization

As in any relationship, in the case of managing a home, your rights and responsibilities are determined. The point is that the partnership exists according to certain rules; it cannot arbitrarily carry out any activities under a specific organizational and legal form. A partnership is always an organization without a commercial purpose, which means that profit is not the meaning of its activities. That is why lists of rights and obligations were determined for the owners’ association.

The partnership must always have a chairman, who will be primarily responsible for the work of the HOA. Accordingly, the rights and obligations of the partnership will also apply to it.

The Housing Code primarily talks about the rights of the partnership, which will be the same for its members:

• the possibility of concluding agreements to provide the home with the necessary resources and provide other types of utilities;
• the ability to control expenses and income for the year, create estimates;
• the ability to determine the bills that owners must pay based on a previously accepted estimate;
• the opportunity to carry out work for apartment owners;
• the ability to manage loan funds allocated by the bank;
• the ability to dispose of property belonging to the house, rent out premises and carry out other similar actions if they do not affect the interests of apartment owners.

The list is exhaustive. However, the chairman and the partnership as a whole may be offered other opportunities, the implementation of which will benefit the management order.

Along with the rights, the Housing Code also defines a list of duties, the fulfillment of which must always be carried out by each member of the partnership:

• it is necessary to comply with all the requirements of the law, manage the house in accordance with the provisions of the charter and regulations;
• it is necessary to comply with the terms of any of the agreements concluded by the partnership;
• it is necessary to ensure the proper condition of the house, especially technical and sanitary maintenance;
• it is necessary to influence the owners in order to ensure that they fulfill their obligations as members of the partnership;
• it is necessary to respect all the interests of the owners, as well as ensure them, including through protection during the intervention of third parties;
• it is necessary to keep records of all persons included in the partnership, and every year send information about them to the government authority of a specific constituent entity of Russia;
• it is necessary to report to the register about all changes that the partnership undergoes, including in the text of the constituent document.

According to the article of the law, it still represents an exhaustive version of the list of responsibilities. At the same time, the charter of a legal entity may allow the introduction of additional reservations both in terms of obligations and in terms of the rights of the organization and its participants.

Norms and laws governing the activities of HOAs and TSNs

• N 400-ФЗ dated December 28, 2013

Federal Law on insurance pensions

• N 69-ФЗ dated December 21, 1994
  Federal Law on fire safety
• N 40-ФЗ dated 04/25/2002
  Federal Law on OSAGO
• N 273-FZ of December 29, 2012
  Federal Law on Education
• N 79-FZ of July 27, 2004
  Federal Law on the State Civil Service
• N 275-ФЗ dated December 29, 2012
  Federal Law on state defense order
• N2300-1 of 02/07/1992 STD
  On the protection of consumer rights
• N 273-ФЗ dated December 25, 2008
  Federal Law on combating corruption
• N 38-FZ dated March 13, 2006
  Federal Law on Advertising
• N 7-FZ of January 10, 2002
  Federal Law on Environmental Protection
• N 3-FZ dated 02/07/2011
  Federal Law on Police
• N 402-ФЗ dated December 6, 2011
  Federal Law on Accounting
• N 135-FZ of July 26, 2006
  Federal Law on the protection of competition
• N 99-ФЗ dated 05/04/2011
  Federal Law on licensing of certain types of activities
• N 14-ФЗ dated 02/08/1998
  Federal Law on LLC
• N 223-FZ dated July 18, 2011
  Federal Law on the procurement of goods, works, services by certain types of legal entities
• N 2202-1 of January 17, 1992
  Federal Law on the Prosecutor's Office
• N 127-ФЗ 10.26.2002
  Federal Law on insolvency (bankruptcy)
• N 152-FZ of July 27, 2006
  Federal Law on personal data
• N 44-ФЗ dated 04/05/2013
  Federal Law on public procurement
• N 229-ФЗ dated 10/02/2007
  Federal Law on enforcement proceedings
• N 53-FZ of March 28, 1998
  Federal Law on military service
• N 395-1 of December 2, 1990
  Federal Law on banks and banking activities
• Art.
  333 Civil Code of the Russian Federation Reduction of penalties
• Art.
  317.1 Civil Code of the Russian Federation Interest on a monetary obligation
• Art.
  395 of the Civil Code of the Russian Federation Liability for failure to fulfill a monetary obligation
• Article 20.25 of the Code of Administrative Offenses of the Russian Federation
  Evasion of execution of administrative punishment
• Art.
  81 Labor Code of the Russian Federation Termination of an employment contract at the initiative of the employer
• Art.
  78 BC RF Provision of subsidies to legal entities, individual entrepreneurs, individuals
• Art.
  12.8 Code of Administrative Offenses of the Russian Federation Driving a vehicle by a driver who is in a state of intoxication, transferring control of a vehicle to a person who is in a state of intoxication
• Art.
  161 of the Budget Code of the Russian Federation Features of the legal status of government institutions
• Art.
  77 Labor Code of the Russian Federation General grounds for termination of an employment contract
• Art.
  144 Code of Criminal Procedure of the Russian Federation Procedure for considering a report of a crime
• Art.
  125 Code of Criminal Procedure of the Russian Federation Judicial procedure for consideration of complaints
• Art.

Homeowners Association Federal Law

Advice from lawyers:

1. According to what federal law, multi-mode HOAs MUST CREATE A MC?

1.1. Good afternoon There is no such law; in accordance with the Housing Code of the Russian Federation, the owners of apartment buildings have the right to create an HOA or choose a method for managing an apartment building.

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2. Is it possible to join an existing HOA, taking into account the amendments to the Federal Law of June 4 No. 123?

2.1. Join an HOA? Yes!

Did the answer help you?YesNo

3. According to 59 Federal Laws, resource supplying organizations have the right to switch to direct contracts, if the HOA (MC) has debt for more than two periods. Why don’t they use this right and demand a decision from the meeting? 59 Federal Law makes it possible to transfer without a decision of the meeting.

3.1. Good afternoon, Victor. Because in the first protocol in which the owners of the premises decided to conclude an MKD management agreement with the management company, it is indicated that the management company is obliged to conclude agreements with resource supply organizations. And in order to cancel this obligation, the management company must receive a decision from the general meeting of premises owners.

Did the answer help you?YesNo

4. We had the local area renovated. I asked the chairman of the HOA for an acceptance certificate for the work performed. To which he replied that I can receive documents in accordance with Federal Law-59. All documents are kept in his apartment. Can I come in person and receive these documents for review and copying? Or should I apply in writing?

4.1. Hello. You must contact the chairman of the HOA in writing so that he can also respond to you in writing. If he refuses to give you a copy of the acceptance certificate for the work performed, then you can go to court with a copy of your application and a copy of his response.

Did the answer help you?YesNo

5. My father inherited a room in the apartment building to my son. The HOA is now demanding a fee for garbage removal, my son is 13 years old and does not live in the room, the room was privatized in 2020, the son is registered with his mother at a different address, but lives with me at the 3rd. I know that there is a Federal Law. obliging me to pay (as a father) for garbage removal, but I really don’t want to pay for something that neither I nor my son consume. How to circumvent this law or reduce the fee for garbage collection?

5.1. In general, there is no law that obliges parents to pay the obligations of their children (except for obligations arising from harm).

Did the answer help you?YesNo

6. Contacted Roskomnadzor, Perm regarding the violation of the Federal Law on personal data by the chairman of the HOA. The answer is negative and it is written that you can appeal to the district court. And in court it is not known which judge will get it. Where can I appeal their response for free?

6.1. What does this have to do with which judge will get it? How professionally you draw up documents for the court is how they will consider it. Your HOA chairman is nothing to any judge and no one will cover him.

Did the answer help you?YesNo

7. Answer, if you are really a LAWYER: “On what basis and WHO blocked and then deleted the account under the nickname “Comrade from the Homeowners Association”, registered on an e-mail with articles on a topical topic on the treatment of WHO, where the real violators of RIGHTS and FREEDOMS citizens are the Government of the Russian Federation and the governments of the constituent entities of the Federation, whose regulations directly contradict the codes, Federal Laws and even property relations under the Constitution"?

7.1. This is not a question for a lawyer, but for the site administration.

Did the answer help you?YesNo

8. The HOA held a meeting in person and in absentia. The board does not allow you to familiarize yourself with the decisions of the HOA members (violation of clause 7 of Article 143.1 of the Housing Code of the Russian Federation), referring to No. 152-FZ on the protection of personal data. The GIS contains only the minutes of the meeting without the decisions of the HOA members. There are facts of voter fraud. How can I get acquainted with the decisions before the board’s “Sue” proposal? D.

8.1. File a complaint with the housing inspectorate and demand that they familiarize you with the decisions of the HOA members.

Did the answer help you?YesNo

9. I paid the rent arrears of 14,000, did not pay a penalty of 2,000, wrote an application to the HOA to consider writing off the penalty due to a difficult financial situation. The HOA responded that they cannot cancel the Federal Law on accrual, they say, pay. Tell me, is there really no way to write off the fine? And as an option, wait three years - the statute of limitations.

9.1. The HOA is disingenuous, because they may not require you to pay the penalty. Everyone approaches life situations differently.

Did the answer help you?YesNo

9.2. 14. Persons who have lately and (or) not fully paid for housing and utilities are required to pay the creditor a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day delay starting from the thirty-first day following the day of the established payment due date, until the day of actual payment made within ninety calendar days from the date of the established payment due date, or until the expiration of ninety calendar days after the date of the established payment due date, if within a ninety-day period payment has not been made. Starting from the ninety-first day following the day of the established payment deadline until the day of actual payment, penalties are paid in the amount of one hundred and thirtieth of the refinancing rate of the Central Bank of the Russian Federation, effective on the day of actual payment, of the amount not paid on time for each day of delay. An increase in the amounts of penalties established by this part is not allowed.

Did the answer help you?YesNo

10. All the best! Did I understand correctly that SNT according to Federal Law 217 are being transformed into homeowners’ associations. How will they then differ from housing cooperatives? Best regards, G,I,

10.1. No, that's not right. SNT has the right, under certain conditions, to transform into a HOA. No more.

Did the answer help you?YesNo

11. When opening a deposit on July 2, 2019, a life insurance contract was imposed on me at the bank. Bank employees assured me that all deposited money. funds are insured in accordance with the Federal Law on Deposit Insurance. But upon returning from vacation on July 24, 2019, I read in the bank’s information sheet that funds under the HOA agreement are not insured. I want to terminate the contract. Can I get at least part of the money back, despite the fact that for the first year the insurance premium under the contract is not refundable?

11.1. The insurance contract could be terminated within 15 days after the conclusion of the contract, currently the deadlines have expired... the procedure for termination is further specified in the contract.

Did the answer help you?YesNo

12. We filed a claim in court regarding the invalidity of the decision of the OSS on the creation of the HOA and on its state. registration from the moment of creation, about violation of Article 135, 136, clause 5.1 of Federal Law No. 189, an appeal was filed, we must go to both the cassation and the Supreme Court. The HOA sent notices to residents that they would sue for debts. How to correctly inform the court that the HOA is hanging with the question of its creation at all (as if the partnership itself would not have to return unjust enrichment)?

12.1. Hello! Did someone file the claim or did you do it yourself?

Did the answer help you?YesNo

13. The chairman of the HOA, together with her husband, turned off the lights in the store, the store is privately owned, I am not a member of the HOA. There is no debt for electricity, the quarterly fee for 2020. The 1st quarter has been paid according to Federal Law 217. They require you to pay the quarterly fees for 2015, 2020, 2020, 2020 and then the electricity will be connected. Are their actions laws?

13.1. Article 215.2 of the Criminal Code of the Russian Federation is illegal.

Did the answer help you?YesNo

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14. Can I, on the basis of paragraph 4 of Art. 14 152-FZ, as a subject of personal data, make a request for access to my personal data in the HOA, if the HOA says that they do not process personal data after the cancellation of apartment cards.

14.1. Hello, clause 4 of Art. 14 152-FZ applies in cases where you have already made a request under clause 1 of Art. 14 152-FZ. In other words, according to paragraph 1 of Art. 14 152-FZ, you can make a written request (registered letter with acknowledgment of receipt) to the HOA about how and in what way your personal data is processed (if processed). BUT, if you have evidence that the HOA, after canceling apartment cards, is processing your personal data, then you can safely contact Roskomnadzor, attaching all these materials. However, there are cases in which an organization has the right to process AML even after the repeal of a particular legislative document.

Did the answer help you?YesNo

15. Can the Chairman of the HOA increase the tariff for major repairs (in our case from 6.33 to by voting by the owners? If YES, what should be the quorum and can I disagree, referring to the Federal Law? Thank you.

15.1. The decision to increase the minimum rate is valid if citizens with more than 50% of all votes were present at the meeting, and at least two-thirds of those present voted for the decision. If such a decision is not contested, all owners are required to fulfill it (pay fees in the prescribed amount).

Did the answer help you?YesNo

16. Is it a violation of Federal Law No. 152 “On Personal Data” for the publication of the apartment number and the amount of debt of one of the owners by a member of the HOA board in a chat?

16.1. Publication of an apartment number is not a violation of Federal Law No. 152 “On Personal Data”.

Did the answer help you?YesNo

17. We are preparing to install barriers in the courtyard of the house. All permitting documentation is available. The question is different - on what basis and how to collect money so as not to fall under 115 Federal Law? Offer to transfer to a personal FL card. I don’t like it again because of the possibility of breaking the law. There is no HOA, there is no joint account and there is no legal entity for this.

17.1. Dear Sergey, document the minutes of the general meeting like a decision on installing a barrier. Enter there how you will collect money. It's enough.

Did the answer help you?YesNo

18. What is the deadline for responding to a written claim to the HOA for recalculation of utility fees? Is it legal, the HOA administration refers - within 30 days (Part 1 of Article 12 of the Federal Law of May 2, 2006 No. 59-FZ (as amended on November 27, 2017) “On the procedure for considering appeals from citizens of the Russian Federation."?

18.1. The prosecutor's office has explained many times that HOAs and management companies are not subject to the provisions of the said Federal Law-59. The deadline is set in the application itself.

Did the answer help you?YesNo

18.2. The Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” extends its effect to state and municipal bodies. An HOA is neither one nor the other, but since the deadline for other organizations is not legally fixed, they refer to this Federal Law.

Did the answer help you?YesNo

19. Is it possible to summon three defendants to court at the same time: the Housing Inspectorate, the City Administration and the Prosecutor's Office, who remain silent on written claims regarding the forced liquidation of an unreorganized multi-mode HOA still without land in the Unified State Register of Real Estate in violation of Art. 136, 135 Housing Code of the Russian Federation, Article 5.1 No. 189-FZ? This HOA was re-registered in Russia in 2020, and did not register the land under Ukraine. Crimea Sudak.

19.1. What court are you planning to summon them to?

Did the answer help you?YesNo

20. According to Federal Law No. 63 of the Russian Federation “On lawyers and the legal profession...” it is stated that lawyers do not have the right to engage in any other activity other than advocacy or legal practice. In our house, the lawyer performs the duties of the chairman of the housing cooperative - i.e. is directly engaged in economic activities and has no labor relations with the cooperative. Is there a discrepancy in the interpretation of Federal Law No. 63 in which I did not find any reference to the fact that a lawyer has the right to perform the elective duties of the chairman of a housing cooperative-housing association?

20.1. In accordance with Article 2 of the Federal Law of May 31, 2002 N 63-FZ (as amended on July 29, 2017) “On advocacy and the legal profession in the Russian Federation,” a lawyer does not have the right to enter into labor relations as an employee, with the exception of scientific, teaching and other creative activities

, as well as hold government positions in the Russian Federation, government positions in constituent entities of the Russian Federation, civil service positions and municipal positions. This talks about the impossibility of being in an employment relationship for lawyers. You write “fulfills duties” - on what grounds? Is there a fee for this activity? If he has an agreement for legal support of the HOA and he pays money (fees) to the lawyer's fund for his work, then everything is legal. It makes sense to write a statement with a request to check the activities of such and such lawyer for compliance with the law and legal status. address the application to the Bar Association of the subject of the federation, which assigned him the status.

Did the answer help you?YesNo

The HOA board posted an announcement that those who have not had their heated towel rails replaced MUST do so in January-February 2018.

My mother worked for more than 10-15 years in the agricultural industry, when she worked,

How to correctly make changes to the wording of the HOA charter using the words partnership of real estate owners.

1) Shall we apply Federal Law 488 to HOAs? 2) Mandatory procedure for resolving a dispute regarding subsidiary liability under Federal Law 488.

The Federal Tax Service did not accept amendments to the HOA Charter for consideration on the basis that the organizational and legal form (HOA)

I am the chairman of the board of the HOA, yesterday I visited the tax office to open a new OKVED,

Referring to paragraph 10, paragraph 2 of Art. 37 of the Federal Law of March 26, 2003 No. 35-FZ “On the Electric Power Industry”, the supplier of last resort imposed a penalty (penalty) on the Vostok Homeowners Association

Is it possible to choose the method of managing a residential apartment building "Management Company MK" if the house is not 16 square meters.

On December 14, 2016, the term of office of the chairman of the board of HOA-Rodnik-g expired.

Can the HOA demand money for an INFORMATION SIGN approved by the city, citing Federal Law 38 on advertising and claiming that this is advertising.

The chairman of the HOA asks all residents of the house to provide personal data (passport details, Taxpayer Identification Number, pension insurance certificate)