How to create an HOA in an apartment building in 2020: step-by-step instructions

Legislation provides citizens who are home owners with the right to independently manage their home property. This can be organized in various ways. One form of self-government is called a homeowners' association (HOA).

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What is it and why is it needed

An owners' association is an organization engaged in non-profit activities (not receiving profit from its actions). Her area of responsibility is to ensure proper order in the house.

All issues affecting the arrangement and maintenance of common housing are considered and resolved by the partnership independently:

In the process of resolving problem situations, the HOA can resort to the help of third-party organizations, or it can cope thanks to its internal reserves. This The community is a full-fledged legal entity that has:
the right to recruit personnel responsible for performing established tasks.
The main constituent document of the HOA is the Charter . It displays all available tasks, and it regulates all actions for home improvement. According to the law, performing types of work not specified in the Charter is unacceptable (LC RF, Chapter 13, Art. 136, Art. 44 to 46, Criminal Code and Civil Code of the Russian Federation). For failure to comply with this requirement, the partnership may be liquidated, and the managers may face criminal liability.
The activities of the partnership are regulated by a board headed by the chairman.. It carries out the function of operational management of affairs and employees. The status of the highest body has the general meeting of members of the partnership, which is responsible for resolving all controversial issues and issues related to the existence of a self-governing organization, for example:
reorganize the structure and also liquidate it;
conduct elections of the chairman, board, and inspection bodies;
determine the amount of membership fees;
draw up a list of necessary work and associated costs.

How to quickly and cost-effectively organize an HOA

A homeowners' association is one of the ways to manage an apartment building .

In light of recent events with management companies, in our opinion, this form of management is the most promising; it is chosen by residents who want to independently maintain their property.

If you have a friendly house, the residents know each other and are ready to cooperate, an HOA will be the most effective form of management for you.

For those who don’t know where to start or how to quickly and cost-free organize an HOA , we offer step-by-step instructions.

First you need to gather the tenants “comrades”

If the majority of them agree to change the way your home is managed by an HOA, first of all you need to set a date for a general meeting of homeowners.

The decision to change the form of ownership of the management of an apartment building to a HOA can only be made at a general meeting of the owners of privatized apartments.

In this case, social tenants (those who did not privatize the apartments) do not count - they do not have the right to vote in resolving this issue.

Further, it is recommended to inform the district government about the holding of the general meeting, and accordingly convey it to each “comrade”, with notices posted at each entrance and preferably by walking around the apartments (under a personal signature), so that there are no complaints later. Careless tenants often take advantage of this: “I didn’t know, they didn’t tell me anything.” It seems to me that everyone knows the example of one vulgar person imagining herself to be a singer - who believes that she conquered Moscow by singing two hits and showing us a little rudeness from the stage.

If at least one owner is not notified by signature, the meeting can be declared to have been held in violation of the law. Additionally, notifications about the meeting should be sent out via email , as required by the code, at least 10 days before the event.

The next step is to determine the issues for the residents’ meeting

In addition to the time of the meeting and the exact date, you need to indicate in the mailing the issues that will be considered at the general meeting. Moreover, think through the questions very carefully.

The fact is that an in-person meeting of homeowners may simply not take place, for example, due to the absence of more than half of the residents .

However, in such a development of events, you have the right to conduct the meeting without the presence of some residents. However, during an absentee meeting, you cannot propose issues for the meeting that were not stated at the meeting in person.

If this rule is neglected, there is always the opportunity to challenge the results of the analysis in court and still win.

Therefore, questions for an in-person meeting must be provided with the expectation that the meeting may not take place and you will have to conduct additional absentee voting.

Sample agenda for the general meeting of the HOA

What should the agenda of the general meeting include when creating an HOA?

the question of choosing an HOA as a way to manage a house;
the question of electing members of the HOA board, necessarily indicating their number;
discussion and adoption of the charter of the homeowners association;
composition of the counting commission for counting during the analysis.

Members of the board , in turn, independently elect the chairman of the board of the HOA. The functions that it will perform are specified in section 6 of the Housing Code of the Russian Federation.

Be careful here, it’s better to choose the one who wants, and not the one who is more competent and will certainly be better. Otherwise, the rejected one, harboring a grudge, will “eat” the best chairman in a couple of years, uniting a group around himself and declaring him a swindler.

As it turns out later, there will be no crime, but a good person will be offended, and the HOA will be glorified.

I observe all these things in the example of many HOAs, and the picture is the same everywhere. Moreover, it is usually swindlers or vain, illiterate people who strive for power, which does not benefit the HOA.

When a meeting on choosing a method of managing an apartment building is considered to have taken place

more than 50% of the homeowners took part in it .

In this case, the vote is “tied” to the size of the living space owned. Accordingly, the owner of a three-ruble ruble has more than the owner of a one-room apartment.

Those gathered first discuss all the issues, then vote for the creation of an HOA, and elect board members (at least three people).

It is mandatory at the meeting to discuss and adopt the HOA charter , which sets out the rights and obligations of the homeowners’ association. Samples of standard homeowners’ association charters can be found on the Internet and, if necessary, adapted to your conditions.

You can also download three versions of standard HOA charters for free from our website.

Source: https://kip-mtr.ru/kak-organizovat-tsg/

Who has the right to be part of the partnership

Only home owners participate in the creation of an HOA.

A residents' association can be created after a corresponding decision is made at a general meeting. It receives legal force only if consent is given by at least half of those present at the meeting (and these should be more than 50% of the total number of people living in the house).

If there are tenants among the residents, then the mayor’s office or one of its representatives is considered a member of the HOA instead. Difficulty can only arise with citizens who have not reached the age of majority:

Without being fully capable from the point of view of the law, they are at the same time the owners of real estate.
Parents or guardians of such citizens (provided that they do not own property in the house) cannot enter into a partnership either on their own behalf or on behalf of the child.

What it is?

The creation of an HOA is the organization of the functioning of a legal entity in accordance with housing law and legislation on state registration of legal entities and individual entrepreneurs.

The procedure is public in nature, i.e. To make a decision, the consent of at least 50% of the residents of the house is required.

You can express your consent to the formation of an HOA, but not join it, i.e. do not sign an agreement on membership in the organization.

The creation of a partnership is completed by making the appropriate registration record with the tax authority.

Where to begin?

It is necessary to clarify information about the apartment building and its owners. Requests can be submitted through the BTI and the territorial department of Rosreestr at the location of the property.

Propaganda activities among owners about the advantages of HOAs over other forms of managing the common home property of citizens are of great importance.

Then you should decide on the persons who will be involved in organizational activities.

To manage an HOA you must select:

chairman;
audit commission;
other specialists.

They can be selected by direct vote or appointed by an already formed board.

Terms and requirements

The main conditions for the formation of an HOA are determined by the status of a non-profit organization. She is prohibited from engaging in any work that is inconsistent with the goals of the partnership.

It can carry out commercial activities strictly in accordance with the main task - to effectively manage an apartment building.

The goals of the organization and activities of the HOA must be clearly stated in the charter.

The document defines:

functions of the organization;
structure of officials and management bodies.

The HOA must be formed by holding a general meeting, with a list of participants and minutes drawn up. The charter and other documents are submitted to the tax authorities for registration.

Here is a sample HOA charter.

Goals

In 2020, the goals of the HOA's activities did not change significantly.

The main purpose of a legal entity is to effectively manage a multi-storey building or other real estate.

The partnership must enter into agreements with organizations that provide the supply of utilities. He is responsible for organizing current and major repairs of the house.

Experts highlight the effective distribution of the owners’ funds to provide for common household needs as the goal of the partnership.

How to create an HOA in an apartment building: step-by-step instructions

To create an organization (including an HOA), you need to go through two stages:

Organization.
Registration.

Stage 1 – Organization

The organization of the partnership also consists of two parts:

preparatory work;
meeting.

Preparing for the meeting

1 . First of all, you need to carefully study the legislative framework , that is, all the legislative acts that define the activities of the HOA:

list of rights and obligations;
list of requirements;
acceptable areas of functioning;
general procedure for creation, liquidation and reorganization.

2 . Next, you will need to start creating an initiative group . It should include people who know how to manage and guide others, who are fluent in the financial and legal fields, and who enjoy the trust of the co-owners of the home. It should be clarified that the initiator can be not only the residents of the house, but also the mayor’s office or the building management.

Find out how to write a complaint against a management company. Here are the instructions on how to find out the former owners of the apartment.

3 . Next, representatives of the formed group should talk with all the owners , discuss with them the importance and necessity of creating a HOA. At the same time, preparations for the meeting itself take place:

collection of documents;
registration of ballots;
mailing or personal delivery of invitations with the established date and place of the meeting (against signature or with acknowledgment of delivery);
drawing up a protocol.

The meeting can be held in two forms: in person and in absentia. To resolve the issue of forming an HOA, it is better to prefer the first option. Contents of the preparatory documentation:

Invitation:
place;
basic information about the invited owner (full name, apartment number);
Contact phone numbers.
Bulletin:
title documentation;
item displaying the agenda.

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Residents are required to answer all questions in the bulletin in writing. The variety of answer options has been reduced to two: against/for .

The fact of holding a meeting of owners should be notified in advance (at least 10 days in advance ).

Holding a meeting

Precise instructions on how to properly conduct meetings are contained in Article 146 of the RF Housing Code:

Residents come to the meeting with a passport, documents confirming their ownership rights and photocopies of all this documentation.
At the very beginning, the chairman of the meeting and his secretary are determined .
Next, the agenda is announced and debates (discussions) are held regarding all issues in the project plan of the partnership. If a positive decision is ultimately made, then the Charter is approved and members of the board are elected (the chairman can be determined later at a separate meeting of the board).
In addition, it will be necessary to determine who will be part of the audit and counting commissions.
Afterwards - distribution of ballots (in the future, only ballots cast with a mark on a certain decision are counted). To become a member of the partnership, you will need to submit a special application, as stated in Article 143 of the Housing Code.
After this, the organizational period can be considered completed.

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Stage 2 – Registration

The chairman is responsible for conducting registration. On his instructions (subject to the availability of appropriate documentation certified by a notary), the HOA can be registered by a trustee.

The registration procedure itself is carried out by the Tax Service. In order for a partnership to be registered, its representative will need to present:

all necessary documents with notarized copies and your passport;
a receipt for payment of state duty in the amount of 4 thousand rubles .

When the procedure is completed, under the control of the chairman and the mayor’s commission, the current account of the HOA is opened. The mayor's office itself must be notified of this in writing.

Documentation

The following documentation will be required for registration:

minutes of the meeting;
charter (in a single copy);
minutes drawn up by the board meeting when choosing a chairman;
registration form P11001 (it is also an application);
address where the organization is located;
passport, receipt and copies of all documents (as mentioned earlier).

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7 days after the Tax Service accepted the application, the partnership will acquire the status of a legal entity and receive the corresponding certificate. Data about this will be displayed in the unified register (USRLE).

Instructions

To know how to create an HOA in an apartment building, you need to familiarize yourself with all the legislative norms relating to this issue so as not to affect the interests of homeowners.

Before holding a meeting, information should be collected about each of the people living in the house. Information about the housing itself is obtained from the technical inventory bureau, and about people from the registration service department.

A meeting is organized, which is initiated by the owner of one of the residential areas located in the building.

If a meeting is held without preparation, it should not be surprising that many opinions will be negative.

The initiative group sends notices to all residents; the document indicates the place and time of the meeting, the identity of the initiator, and the issues on the agenda.

If several owners own the same home, everyone must receive a notification. The owners of non-residential premises also need to be notified.

When arriving at the meeting, apartment owners must have certificates of ownership with them.

The next step is the implementation of the meeting. After summing up the results, a decision is made to create a TSN or HOA.

After this, the preparation of the protocol begins - the document necessary to register the partnership.

The following information is entered into it:

day, time and place of the meeting;
information about each owner;
voting results for each issue;
information about the people involved in the vote counting;
information about opponents of creating a HOA in a specific apartment building.

The initiators prepare two copies of the protocol, certified by a notary company.

Features of creating a partnership

The difficulties encountered when creating an HOA are usually caused by non-compliance with the rules for drawing up documentation. Not everyone can keep track of all the significant points on their own, so it is better to initially get advice from a qualified lawyer (or even hire one before all issues related to registration are resolved) so that you don’t have to redo everything later.

In a new building

If we are talking about a new building, then it is best to create an HOA as soon as possible, immediately after the building is put into operation and the residents have registered the right of ownership. This is important because it allows apartment owners to:

submit an application for acceptance of the house yourself;
when receiving housing directly from builders, immediately demand that all detected faults and defects be eliminated;
resolve a number of controversial issues.

In a cottage village

In paragraph two of Article 136 of the Housing Code of the Russian Federation, there is an indication that the creation of an HOA is also possible for owners of different houses located in adjacent territories with common networks of engineering and technical support and other infrastructure elements. Therefore, the creation of a partnership in a cottage community is also quite acceptable.

Creation

How to organize a HOA in an apartment building? To create an HOA, first of all, you should become familiar with the main principles in accordance with which it should function.

It is necessary to research acts of legislation, the procedure for creation, and ask a lawyer about how to correctly draw up all the documentation.

The main thing is to convince each resident that this building needs a change in the management system.

The reasons may be as follows:

the management organization practically cannot cope with its own responsibilities and does not know how to accomplish the tasks assigned to it, so management is transferred to another organization;
residents are not satisfied with the excessively high fees for utility services; moreover, cleaning measures are not carried out in the building and in the yard, although fees for this are collected regularly;
Citizens' complaints are not considered or are considered for a long time, and the answers to them are not satisfactory.

The owners must be seriously dissatisfied with the management company's performance. If they are satisfied with absolutely or almost everything, so there are no complaints, it will be difficult to move on to creating a partnership.

The possibility of an HOA appears if the majority of people living in the house want to abandon the management company and join the organization.

To do this, it is necessary to hold a meeting, and then, after voting, determine the percentage of residents who agreed to the changes. If this figure is more than fifty percent, there is every chance of creating an HOA.

You can increase the chances of a positive decision on this issue by combining several buildings into one partnership. The more people came to the meeting, the higher the number of positive votes. If the required number is not reached and people refuse to create an HOA, the meeting cannot be considered valid.

Is it possible to create an HOA in a dilapidated building?

The long service life of a building leads to significant wear and tear of all communications available in it and the need for major repairs. For this reason, the creation of an HOA in a dilapidated building, which is not prohibited by law, in practice turns out to be expensive .

This is especially expressed in the need to pay fines for the poor condition of housing buildings, for which the partnership assumes responsibility.

Have you downloaded a document from Rosreestr in an unreadable format? See how to open the xml file of the USRN extract. How is land surveying carried out? Details below.

How to find out if there is an encumbrance on an apartment? Read the article.

The owners of the building will have to raise money for such payments, which means that few of them will agree to such a prospect.

Powers and Responsibilities

The Partnership is granted the right:

disposal of common property (upon obtaining the consent of the owners);
regulation of the volume of utilities (but not less than the established minimum);
carrying out preventive and repair work (with the consent of residents);
concluding contracts with contractors;
presenting demands regarding payment for services (including the work of qualified specialists).

At the same time, the HOA cannot impose additional services on residents and conduct illegal business activities on behalf of the partnership.

Community responsibilities include:

careful handling of household property;
ensuring high-quality supply of utilities;
drawing up an estimate of the costs required to maintain the building in proper condition.
collection of funds to pay for repairs (current or major).

HOA rights

The HOA has the following rights:

Disposal of common property	with the consent of residents, raise questions about repairs or replacement of engineering equipment, networks, etc.
Set the rent amount	based on current tariffs in the region
Draw up contracts with contractors	carry out preventive maintenance, etc.

Most activities are carried out only with the consent of residents. However, it is permissible to indicate the rights of the partnership in the charter to carry out ongoing actions without the need to obtain consent.

Members of the partnership do not have the right to extract income on behalf of the HOA, or additionally force residents of the house to provide any services.

The HOA conducts its activities in accordance with the charter and the Housing Code of the Russian Federation. If violations are discovered, the owners of the premises have the right to apply in court for the liquidation of the non-profit organization and a return to the old method of management.

What are the functions of the chairman of the HOA, read here.

From the moment of its creation, the HOA is responsible to home owners and regulatory housing authorities.

Video: Creating an HOA in 3 steps. Part 1. Apartment Control

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Advantages and disadvantages

The benefits of the partnership include:

management efficiency;
absence of unnecessary bureaucratic red tape;
the emergence of the opportunity to rent out common property in order to obtain funds to pay for repairs or improve the area adjacent to the house;
the pleasant appearance and general amenities characteristic of houses with partnerships increase the market value of the housing in use;
openness of financial and other activities of the HOA for all homeowners.

Among the shortcomings are the following:

cases of abuse of their position by persons related to finance;
increase in operating costs;
the need for constant outreach;
the need to independently control the repayment of utility debts by unscrupulous residents;
insufficiently improved mechanism of legal interaction between HOAs and government agencies.

Despite this, management through an HOA is very effective, and if necessary, it may be subject to certain requirements related to improving the activities of the community. If they have a justification, the HOA will not be able to ignore them and will be obliged to comply.

Required documents

The following documents must be provided to the tax authority:

Application for registration of a legal entity.
Charter approved at the general meeting of homeowners (2 notarized copies).
Minutes of the meeting of home owners.
Power of attorney to represent the interests of a legal entity in registration structures.
Receipt for payment of state duty.

The state fee is 4 thousand rubles.

Here is a sample of the minutes of the general meeting of owners.

Required:

opening a current account;
signing an agreement on the transfer of an apartment building to the balance of the HOA, with the consent of the local administration.