What is a share?
Share is financial assets that participants must pay on time. Shareholders pay contributions in exchange for the opportunity to use a certain part of the common property. As part of a housing cooperative, residents can jointly manage the property of the entire multi-storey building.
The funds transferred to the organization's fund in the form of share contributions are summed up and then, by decision of the community, used for repair work and the construction of additional buildings.
The tasks of the cooperative include paying utility bills and hiring workers. Responsibility for the correct use of funds rests with members of the management team.
A person who regularly pays a share contribution is a full participant in the housing cooperative. Not only individuals, but also legal entities can become members of the housing cooperative. A share of ownership of common property can be inherited, as well as transferred to other persons when making legal transactions, for example, when selling real estate.
Housing insurance certificate for an apartment
Housing cooperative is one of the ways to obtain housing in new buildings. It has several differences and nuances compared to other similar organizations.
According to paragraph 4 of Article 218 of the Civil Code of the Russian Federation, a member of a housing construction cooperative who has fulfilled its obligations, that is, has fully paid its share contribution for the apartment, becomes the owner of this property, that is, the owner of the housing cooperative apartment.
Civil Code of the Russian Federation Article 218. Grounds for acquiring ownership rights 4. Member of a housing, housing-construction, dacha, garage or other consumer cooperative, other persons entitled to share savings who have fully paid their share contribution for an apartment, dacha, garage, or other premises provided these persons by the cooperative acquire ownership of the specified property. There are clear
Who pays?
A shareholder is a person who owns a certain share of the common property and also regularly pays contributions. Everyone has the opportunity to become a shareholder. To do this, you must submit an application filled out according to the template established by law and obtain the approval of other members of the community.
It is important to obtain consent not only from the managers of the cooperative, but also from each of its participants. A person can become a shareholder only if his candidacy is approved at a meeting of the housing cooperative.
Contributions
Share contribution is a set amount that each participant in the housing cooperative must contribute to the fund. By paying a certain amount of money on time, each shareholder has the opportunity to use his own share in the common property at his own discretion, subject to compliance with current legislation.
The share contribution is established and collected for the following purposes:
- Payment for the work of plumbers, repairmen, builders and other specialists hired to improve the territory.
- Purchase of materials used for restoration work.
- Planned repairs of the building, individual structures, public spaces.
- Investment in profitable projects with the prior consent of community members.
Reference! At the meeting, the participants of the housing cooperative determine a clear amount that is paid regularly.
Residents often have to pay additional fees when unexpected expenses arise. The procedure for making payments, the amount of payments, and the possibility of determining additional contributions are prescribed in the charter of the housing cooperative. To become a shareholder, it is often necessary to pay several contributions at the same time.
Cooperative apartment: legal practical initiatives
From the standpoint of the Law “On Cooperation,” a housing cooperative is an association of volunteers, legal entities or individuals who create a legal entity whose joint activities are based on self-government. As a result of practical actions, a residential building should be built, in which members of the cooperative should receive an apartment.
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A revival of their popularity can be observed in recent years. Developers are attracted by the mechanism for optimizing taxation and attracting personal funds to construction.
What is a contract?
A share agreement is an official document confirming the tenant’s right to own a certain share of the common property. An agreement is signed when a person joins a housing cooperative and confirms the right to make decisions on important public issues together with other participants.
When joining a cooperative at the stage of constructing a multi-storey building, before signing the contract, you need to pay attention to the following aspects:
- The name of the developer's company.
- Authority of the organization. Find out whether the association is responsible for the construction of a residential building, is an investor, or performs these functions simultaneously.
- Date of commissioning of the house.
- Conditions for payment of funds.
Attention! It is necessary to carefully consider the status of housing cooperatives. If the responsibilities of the investor and the developer are performed by different organizations, you should familiarize yourself with the terms of the agreement that they signed among themselves.
It is necessary to make sure that there is a clause on termination of the contract in the event that one of its participants does not fulfill its obligations or does so untimely.
Before joining a cooperative, you should carefully study important documents. Familiarize yourself with the contents of these papers:
- A certificate confirming the developer’s right to own the land plot.
- Documentary confirmation of the official registration of housing cooperatives.
- Project declaration.
- Permission from government authorities to carry out construction work.
- Charter of housing cooperatives.
When joining a housing cooperative, you need to check that the share agreement contains the following clauses:
- Frequency of payment and exact amount of mandatory payments.
- Full information about the living space, which is assigned to the shareholder upon joining the housing cooperative.
- Information about the owner of the land plot used for the construction of an apartment building.
- Conditions for the withdrawal of a share from a housing cooperative.
- General condition of the apartments upon delivery. It is advisable to clarify the materials used, the presence of cosmetic repairs, and internal communications.
How is a cooperative apartment divided by inheritance?
The solution to this issue depends on the method of entering into inheritance rights. If the testator left a will for an apartment, then the property is divided between the applicants in accordance with its provisions.
The owner of the property can determine the circle of applicants and the size of the share of each of them. If the order does not contain such a clause, then the property is divided between the applicants in equal shares.
The division of property by law implies equal rights for claimants. The property is divided equally among the heirs of the same line.
The mechanism for dividing property remains the same even if the order of recipients changes. Close relatives are first in line for the shareholder's property (Article 1142 of the Civil Code of the Russian Federation).
If the testator did not have time to fully pay for the housing, then the money he paid, which is in the account of the housing cooperative, is subject to inheritance.
As for the marital share, it is allocated before the actual division of property. The husband or wife owns half of the apartment or the amount of the paid share.
To obtain a certificate of ownership, the spouse must submit an application to a notary. What if the share payments to the housing cooperative were partially made before the marriage was registered? The spouse is entitled to that part of the property/funds that was contributed jointly after the legalization of the relationship.
Assignment
The assignment of a share in a housing cooperative is an analogue of a purchase and sale transaction in which a cooperative participant sells the share of real estate assigned to him. To conclude such a transaction, it is necessary to confirm that the cash contributions under the housing cooperative agreement have been fully paid.
To become a member of a housing cooperative, you must not only go through the assignment procedure, but also join the cooperative. After concluding an agreement on the assignment of a share, it is necessary to obtain a positive decision of the cooperative participants, adopted at a meeting.
To eliminate possible risks associated with the loss of funds in the event of a negative decision of the shareholders, when signing the agreement, make sure that there is a clause on the possibility of returning the paid funds.
Important! An application to join the cooperative is submitted to the chairman of the board immediately after concluding an agreement on the assignment of a share. If the management team is headed by a developer, in most cases there are no difficulties associated with the process of assignment of rights to own real estate.
After successfully resolving the issue of joining a housing cooperative, the new owner must register the right to a share in accordance with current legislation. To do this, you must submit the following documents to Rosreestr:
- Applicant's passport.
- A copy of the apartment order.
- Executed cadastral passport.
- Certificate of payment of a share in a housing cooperative.
- Receipt for repayment of state duty.
Registration of property rights is completed within 18-120 days. The new owner of the living space can move in immediately after receiving the keys. The cost of the share assignment procedure is 30,000-100,000 rubles. The exact amount is specified in the housing cooperative's charter.
Often the new owner is required to pay additional contributions:
- Entry fee.
- Standard fee in accordance with the agreement.
- Payment of utilities and other services.
Pai registration
Advice from lawyers:
1. Is a certificate of payment of the share required for registration in the Russian Register?
1.1. Yes, a certificate of payment of a share is needed to register ownership in Rosreestr, since this certificate is a title document.
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1.2. Hello. Yes, I need it. Payment of a share confirms the emergence of ownership rights. All the best. Thank you for choosing our site.
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2. I want to sell a land share in the ARK CRIMEA, there is cadastral registration.
2.1. Good afternoon Sell, what's the problem if the object of sale is registered in the cadastre? With respect to you, Evgeniy Pavlovich Filatov.
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3. Where to go if the certificate of registration for a land share is lost.
3.1. Good day, Galina. You can contact Rosreestr, you can get an extract from the Register (certificates are not needed now anyway).
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4. A cooperative apartment was received (Standing in line) by the husband’s parents in 1992. The parents stayed in the old apartment, the son and his wife and child moved into the New one, registered and paid the share until 1997 in a joint marriage. In 1997, the apartment was paid in full, a registration certificate was received for the husband in 2020. How it will be divided during a divorce.
4.1. Hello Natalya At first glance, everything acquired during the marriage is common and, accordingly, is subject to division in equal shares.
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5. I purchased an apartment in a housing cooperative in 2020, I have a certificate of payment of the share and an acceptance certificate in hand. I did not apply to Rosreestr to register ownership rights. Can I sell this apartment without applying or registering my ownership in Rosreestr?
5.1. Yes, you can if the share is paid in full by you. Two transactions will be registered in one package, you will have to pay two fees: for registering your right and for registering the transfer of right.
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5.2. No, it won’t work out like that, it’s not possible. But at the same time your registration and the transfer of rights from you to your buyer, this can be done..
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6. There is a share agreement in the housing cooperative, the house has just been put into operation, a certificate of payment has been issued, but my right has not yet been registered in Rosreestr. I want to give an apartment to my daughter, can I do this right away without registering the right to myself? So that the registration is immediately in the name of the daughter.
6.1. Registration is most likely available at the BTI. If such registration exists, you have the right to complete the transaction.
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7. The apartment was in a housing cooperative. The share has been paid in full, but the Cooperative has not existed for a long time and there is nowhere and no one to get a certificate of payment of the share. Rosreestr refused to register property rights on this basis. How to register ownership of an apartment? Privatize? Go to court with some kind of statement?
7.1. Good afternoon. In accordance with Part 4 of Art. 218 of the Civil Code of the Russian Federation 4. A member of a housing, housing-construction, dacha, garage or other consumer cooperative, other persons entitled to pension savings who have fully paid their share contribution for an apartment, dacha, garage, or other premises provided to these persons by the cooperative, acquire the right ownership of the said property. Payment of the share in full is confirmed by a Certificate of full payment of the share and the Minutes of the meeting of the Board of the housing cooperative. The certificate is the basis for registering property rights. Thus, you need to file a claim for recognition of ownership of the share in the form of the specified apartment. This is the case if the developer is not in bankruptcy proceedings. It is possible to answer in more detail by reading the documents. The situation is complicated, if you can’t handle it yourself, enter into an agreement with a lawyer.
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8. I bought an apartment under a share agreement in 2011. We have now submitted documents to receive a tax deduction. There is a Share Contribution Agreement, an Apartment Transfer Acceptance Certificate, a Certificate of Property Registration, and a Certificate of Full Payment of the Share. The money was deposited into the developer's cash register. There are no receipt orders. Is a Certificate of full payment of the share sufficient as confirmation of the deposit of money? 'Information from the legal social network https://www.9111.ru was used'
8.1. This is decided by the tax office; the refusal can be appealed in court.
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9. We have a land share in our property, currently it is subleased. We cannot take it away, the tenant and subtenant do not give us consent to register it, the allocation has already been completed. what should we do in this situation?
9.1. Good afternoon. To answer your question, you need to read the lease and sublease agreement.
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10. For a cooperative apartment you need to obtain a certificate of state registration of rights. There is no cooperative from the documents, a warrant and a certificate of payment of shares (as far as I know, they are not valid) the “owner” who received the apartment is alive. To which court should documents be submitted (to the world or district), what documents are needed and whether a pensioner needs to pay a fee; the cost of an apartment of 1 m2 is 700 thousand rubles; the cadastral number without the owner is determined on the Internet.
10.1. You need to contact the district court at the location of the apartment; disabled people of groups 1 and 2 are exempt from paying the state fee; pensioners pay the state fee. You need to file a claim in court to recognize ownership rights; use the documents to decide with a lawyer in a face-to-face consultation; you won’t be able to handle this matter yourself.
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11. I have a box in GSK, the share is paid, there are no encumbrances. When trying to register property, it was refused because I can’t put the box on cadastral registration, although there is a plan and operation, but the building is not registered in the Unified State Register of Real Estate. The land plot is registered in the cadastral register.
11.1. Good evening, Sergey! Many box owners now have this problem, so you just need to register it with the Unified State Register of Real Estate.
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11.2. Good afternoon We are familiar with this problem; registration can be done both administratively and judicially. If you need more detailed advice on this problem, I ask you to make an appointment using the numbers provided.
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11.3. Good afternoon If your garage is a non-residential premises and is located in a box consisting of several garages, then it turns out that you first need to register the building with the cadastral register, and then the garage. If you have a technical passport for a garage, issued before January 1, 2013, then you can register it as previously registered without registering the building with the cadastral register. Best wishes!
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12. My brother and I are entering into inheritance rights for the garage, for which my father paid a share; there is a certificate of full payment, the right is not registered. Is my father’s certificate enough for registration, or should my brother and I get a certificate from the chairman about the payment of our share? Should there be one certificate for two people or does each have their own certificate of payment of a share for the same garage?
12.1. Hello! To register an inheritance, you need to collect documents for the deceased and provide them to a notary to confirm the ownership rights of the deceased and issue you with a certificate of inheritance rights to the property.
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13. The owner of the garage in the GSK has a certificate of payment of the share and the GSK membership book, the registration of ownership has not been completed, tell me, is it possible to carry out the purchase and sale of such a garage, or is it necessary to register the ownership before the transaction? Thank you.
13.1. 1. State registration of the property rights of the former owner is mandatory. 2. You cannot buy a garage without documents. 3. The consequences may be sad for you, even a general power of attorney will not save you (as gullible people love to buy from us), since later it may turn out to be an unauthorized construction and you will not be able to register the ownership in your name. 4. Avoid these adventurous deals. 5. If the owner does not have documents and he does not say the reason why he did not put them in order, then there is a high probability that there are problems with the paperwork 6. You will be left without money and without a garage (if later the administration wants to demolish it as illegal construction).
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14. There is a certificate of the paid share of the housing cooperative in 1992, registered in the BTI, but registration has not been completed in Rosreestr. Can I (my son) register an inheritance based on this certificate?
14.1. Yes you can. This certificate is the title document for the apartment and confirms what has arisen since the payment of the share
ownership rights of a housing cooperative member. If the notary turns out to be not very legally savvy, contact a lawyer and he will explain everything to him.
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14.2. Yes, you will be able to register an inheritance in your name. This is a legal document. Open an inheritance case.
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15. In 1985, I received an apartment in housing cooperative 1243 in St. Petersburg, then Leningrad, and am now registering it in the registry. I from the housing cooperative provided a certificate of payment of the share. Registration has been suspended and a warrant for this apartment is being sought from the state registry. But where can I get it? Warrants were not issued; they were kept in the housing cooperative department at the executive committee on the street. Antonenko, in my opinion, is 6. Now this organization does not exist. It is not clear where to get the document. No one knows, neither on the board of housing cooperatives, nor in the state register. What to do?
15.1. Alexander, wait for the refusal from Rosreestr and file a lawsuit for recognition of ownership rights.
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16. The situation is similar: I have been a member of a garage cooperative since 1985, the share has been paid. Can I assign or sell this share to a third party without registering with Rosreestr? Is there a sample purchase and sale agreement for a property share? no you can not. I am the only buyer of a property share in GSK.
16.1. You can sell a share indicating the right to claim and the distribution of a specific box. You leave the members of the GSK, another one comes in with your rights..
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16.2. Good afternoon You must register the property and then sell it!
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16.3. . Can I assign or sell this share to a third party without registering with Rosreestr - no, your seller did not have the right at all. You need to know if there is information in at least the BTI about the availability of a share. In general, it is not difficult to register, you need to do it. plan and certificate from GSK and submit for registration and immediately for sale of the share.
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17. Such a question. The share for the cooperative apartment was paid before marriage in 1989, and there is property registration. She got married and registered her husband in the apartment. We made a redevelopment. When selling an apartment, what rights does the husband have to it? Please answer in writing.
17.1. Hello! The property that belonged to each spouse before marriage is his property (Article 36 of the RF IC). The apartment is your personal property. The spouse does not have rights to divide the apartment. The circumstances of the redevelopment during the marriage do not matter.
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18. I have this question. I sold my land share to a buyer who is the tenant of this share. I entered into a purchase and sale agreement and received the money, the next day I changed my mind about selling this share, can I return the money to them and terminate the purchase and sale agreement, the agreement has not yet passed state registration and has not yet entered into force.
18.1. Hello. To terminate a contract, compelling reasons are required.
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19. From what point does the 5-year period of ownership of an apartment begin to count for exemption from personal income tax when selling it if it is a housing cooperative apartment: from the moment of ownership with full payment of the share contribution, or from the moment of state registration? The apartment is in a building built and put into operation in 1993, at that time the share was paid in full. State registration has not been issued until now.
19.1. Hello! From the date of state registration of rights.
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19.2. From the moment the share is paid in full. If you want to see analysis and links to legal acts, then this can also be done.
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20. In 1989, we were moved from a private house (territory development) to a cooperative apartment (the previous owner received an apartment in the housing cooperative that developed the territory, and his apartment was transferred to us). There are no documents other than the warrant. My father was accepted as a member of the cooperative. Naturally, there are no certificates of paid shares or receipts. The apartment has a cadastral number, it is in cooperative ownership, not in municipal ownership. Can Rosreestr refuse to register property?
20.1. What do you mean transferred? There must be some document regarding the transfer and the terms of the transfer. You can get documents from the previous owner about the paid share. As a member of the cooperative, your father must pay dues.
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Where can I get a NEW certificate of state registration of the right to a land share?
In 1993, a municipal apartment was exchanged for a housing cooperative apartment.
I bought an apartment during the construction period in a cooperative, paid the entire share, paid for 5 years. The housing will be rented out in 2020.
The share for the apartment in the housing cooperative was paid in 2012, the house was commissioned in 2020. I don't need an apartment anymore.
I allocated a share of land through the court; there was a decision on March 13 in my favor, but while the hearings were going on, the administration allocated the field with the disputed plot to itself.
What documents are needed to register ownership if there is a 1992 BTI registration certificate and a certificate of payment of the share.
I bought an apartment under a share purchase and sale agreement on 09.24.14 and the house was handed over in 2020 and a certificate of state registration of rights was issued on 22.
In 1987, a woman moved from a housing cooperative apartment to a municipal apartment; the share was paid by the woman, but was not transferred upon moving.
In 1987, a housing cooperative apartment was exchanged (the share was paid, but the ownership was not registered)
Question: at what point can members of the State Joint Stock Company make a share contribution during the initial registration of the State Joint Stock Company?
I have the following situation: I am registering a garage as a property in GSK, Rosreestr provided the following document:
Why do you need a payment certificate?
Upon payment of the initial contributions, the housing cooperative participant acquires the right to own a certain property. If you try to challenge this right, the owner will present a certificate confirming payment of the share.
This way the apartment owner can protect himself from attacks on his property. Immediately after payment of contributions, you must take this certificate from the board. A certificate of payment of a share in the cooperative fund is a title document assigning a specific property to a housing cooperative participant.
Make sure that the certificate contains the following information:
- Full name of the cooperative member.
- Date of entry into the housing cooperative.
- Identification data of the minutes of the general meeting at which a positive decision was made to install a new shareholder.
- The full amount of the share.
- Address of the apartment assigned to the tenant.
- The area of the property.
The form for filling out the certificate can be obtained from the secretariat of the organization. The chairman is obliged to check the correctness of the information entered, then sign and seal.
On our website you can find other useful articles related to housing cooperatives:
- Pros and cons of a housing construction cooperative.
- Reorganization and liquidation of housing cooperatives.
- Accounting for the activities of a housing construction cooperative.
Who is considered the owner of an apartment in a housing cooperative?
The owner of an apartment in a housing cooperative is considered to be a member of the housing cooperative who pays the share. It is worth noting several subtleties.
If this citizen was not married at the time of paying the initial share contribution, then the property he purchased is considered to be his property by law.
When you join a cooperative while you are married and have paid all share contributions in full, this real estate becomes, by law, the joint property of both spouses. When filing a divorce and dividing the property of the spouses, a spouse who is not a member of the cooperative can count on his share of this apartment. The above issue is resolved through a settlement agreement in pre-trial proceedings, and also directly in court.
If a citizen joined a housing cooperative and contributed part of the share before marriage, and the balance while already legally married, then the share of each spouse in the division of this real estate will be determined based on the amount paid during the marriage.
