How to organize a HOA in an apartment building: step-by-step instructions. What is the necessary list of forms and documents for an HOA and to whom does the partnership provide all this in its activities? Accounting before

Who is allowed?

The association is created only by home owners. The basis, as well as the condition for creation, is the presence of owner-occupiers in the apartment building and the decision of their general meeting.

But in order for it to be valid, more than 50% must vote.

those present at the meeting. It is also necessary that at least fifty percent of the list of owners of residential premises participate in the voting.

That is, for example, from 100 tenants-owners of residential premises there should be 50 +1 people at the meeting.

Only in this case will the creation of a partnership be legal

So, only a person who owns property in a house can create it, liquidate it, etc.

But among the residents there may also be tenants

. What about these citizens? The mayor's office or its representative of the management company, as the owner of the residential premises, can be a member for the tenant.

It is more difficult with minors. On the one hand, such a citizen may own real estate, on the other hand, he is not fully capable, until he is 18 years old.

And his representative, guardian, or parents, who do not have property in this house, cannot join the partnership either themselves or on behalf of their ward. This legal incident, to this day, is not resolved by law.

Housing and communal services consulting

Within the meaning of the above legal norms, members of the HOA and non-members of the HOA, owners of premises in an apartment building, have the right to receive information from the management bodies of the partnership about their activities.

According to paragraph 3 of Art. 143.1 of the Housing Code of the Russian Federation, members of a homeowners’ association and non-partnership owners of premises in an apartment building have the right to familiarize themselves with the following documents:

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Stages

The opening of any organization includes two periods:

organizational;
registration.

Let's start with the first stage of organization. It includes:

preparatory stage;
holding a meeting.

Preparations should begin with the creation of an initiative group

and studying the legislative framework.

That is, familiarize yourself with what legislative acts regulate the activities of the partnership, the requirements for it, its directions of activity, the procedure for creation, liquidation, reorganization.

It is advisable to include people in the initiative group

who have experience in management, as well as in legal and financial matters, naturally, they must enjoy the trust of residents.

By the way, the initiator may not be the residents, but, for example, the building management or the mayor’s office.

Then we begin the actual preparation for the meeting.

The steps are as follows:

The group interviews the owners, explains to them why the HOA is being created and its necessity.
Documents, ballots, notices, etc. are being prepared for the meeting.
The date and location of the meeting are determined and assigned.
Notices of the meeting are sent to owners. They are delivered against signature, in person or by post with notification of delivery to the addressee.
Preparatory documents.

Notification

- invitation to a meeting. It contains the following information:

Purpose of the meeting.
Venue.
Owner details.
Contact numbers and other contacts where you can obtain information on issues of interest related to the meeting.

Bulletin

– a document intended for voting. It contains complete information about the owner, including the total area of his home, title documents.

Besides this, the agenda

. The property owner must answer each question (in writing). There are two possible answers: for or against.

Owners are notified 10 days before the meeting.

Learn about the responsibilities of a manager.

Where can you complain about the HOA if your rights are violated?

A homeowners' association is one of the methods of self-government provided for by housing legislation for owners of apartments and commercial premises of a multi-storey building.

This is a non-profit organization whose main purpose is to maintain common premises in the required sanitary and technical condition and manage common property.

In other words, an HOA is created with the aim of making it easier for residents of the house to maintain engineering systems and the territory.

However, as in any collective endeavor, conflicts between the HOA and its members are inevitable. And then the question arises: where to complain about the HOA? Most often, this happens if, contrary to the goals stated in the charter, the HOA board directs its efforts not to protecting the interests of residents, but to violating them. In this case, apartment owners are left to write complaints in order to achieve justice.

However, what we try most often is that the chairman of the HOA and the board as a whole have a full understanding of their capabilities, and the residents of the house are often little familiar with their rights. There are three ways to solve this:

Study housing legislation on your own and find a way to get the HOA to fully fulfill all obligations. Knowing where to write a complaint will certainly be useful, but searching for information will take a lot of time, during which time the issue will not be resolved.
Use the services of a professional lawyer. He will not only delve into the essence of the problem, but will also take full responsibility for drawing up a complaint and communicating with government agencies. This will take a minimum of time, but will require significant financial costs to pay for services.
Get a free consultation on our website. It won't take long. It is enough to state the essence of the conflict in a special form and send it. Within a few minutes, one of the experienced lawyers will give a detailed answer to the question of who to complain about the HOA and offer a rough plan of action. Armed with the necessary information, you can confidently write a statement or complaint to the most appropriate authority.

Causes of conflicts and ways to resolve them

Apartment owners, whether members of the HOA or not, can challenge any decision of the board. If they think it violates their rights. They also have the right to complain about the chairman of the HOA in case of his inaction. The most common causes of dissatisfaction are:

unjustified excessively high amounts of contributions;
carrying out illegal redevelopment, especially technical premises;
illegal provision of common property for rent for personal enrichment;
attempts to shift the debts of the former owners of the apartment to the new owners;
lack of utilities (for example, hot water or heating) without any reason;
failure to perform repairs to the building, common areas or engineering equipment;
failure to comply with sanitary and technical standards during the operation of the building and surrounding area;
making other decisions that infringe on the rights of residents, contrary to the charter or law.

If these issues are not resolved in a timely manner, then the most effective way will be complaints against the HOA to all possible authorities.

Address to the Chairman

The main official of any HOA is its chairman. He is elected by the general meeting of owners and it is he who is entrusted with the management of all activities of the partnership.

Therefore, the protection of violated rights should begin with him. If the actions or inaction of the HOA causes inconvenience to many residents at once, then you can complain collectively.

Such an appeal carries more weight than an individual one.

In a complaint addressed to the chairman of the HOA, you should state in detail, but without emotion, the essence of the violations committed and who exactly committed them, and express your demands. In this case, it is worth referring to Art. 143 of the housing complex, which gives residents the right to control the quality of services and get acquainted with all documents of the partnership. Including those related to the amount of contributions.

The document is drawn up in two copies, handwritten or printed. An anonymous complaint will not be considered. The first copy is handed over to the chairman, and the second copy is marked with acceptance of the document. If the HOA refuses to accept the complaint, it is sent by registered mail.

The chairman's response must be written and on the merits of the complaint. However, if violations occur with his knowledge or even approval, the response will be a formal reply, and the problem will not be solved. In this case, the complaint against the HOA should be sent to one of the government authorities:

Rospotrebnadzor;
State Housing Inspectorate;
Prosecutor's Office;
Court.

Contact Rospotrebnadzor

The homeowners association provides services to the residents of the building. If their quality is unsatisfactory, then you can protect your rights as consumers through an existing government body specifically for this purpose - Rospotrebnadzor. It is precisely designed to monitor the observance of the rights of citizens when providing them with various services, including public utilities:

hot and cold water supply;
water disposal (sewage);
energy supply (gas, heat, electricity);
repair and maintenance work;
maintaining cleanliness and improvement of the local area

These services are paid. The size of tariffs, as well as their compliance with the quality of services provided, is in the area of attention of Rospotrebnadzor. Therefore, excessive overestimation of tariffs by the HOA will be a reason to contact this authority.

It is advisable to confirm an application to Rospotrebnadzor about inadequate quality of services with the results of an examination or assessment of the damage caused by this. A report drawn up by an expert or appraiser must be attached to the complaint. Copies of requests to the HOA and their responses are also sent. Or the fact of lack of response to requests is indicated.

Complaint to the State Housing Inspectorate

When choosing where to complain about an HOA, many citizens are surprised to learn that there is a specialized government body - the Housing Inspectorate. It is designed to monitor:

how the provisions of housing legislation are observed;
what is the technical condition of the municipal and private housing stock;
whether the rules for the use of communications and engineering equipment are observed;
to what extent the provided public services meet the quality requirements.

The main method of control is to conduct inspections. They can be either pre-planned or unscheduled, based on complaints to the housing inspection of citizens.

This body pays special attention to HOAs. You can complain to the housing inspectorate if the legality of creating a partnership is in doubt. Or if, in the opinion of the homeowners, the funds collected by them as contributions are not spent for statutory purposes.

Letter to the prosecutor's office

Sometimes, a complaint against an HOA to the prosecutor's office is the most effective way to protect your rights. Especially if we are talking about unlawful actions of the chairman of the partnership. It can be sent simultaneously with appeals to other authorities.

To contact this authority, it is not necessary to first try to force the HOA to fulfill its obligations by filing complaints. The fact that there was a violation of rights on the part of the management company is sufficient.

However, it is better to start from this stage and attach a copy of the correspondence with the HOA to the complaint.

The complaint should be written directly to the prosecutor. Based on the results of its consideration, an inspection will be ordered to confirm the facts specified in the complaint.

But it is worth remembering that if they are not confirmed, this may become the basis for bringing the applicant to justice. Based on the results of the actions taken, a written response will be sent.

And the HOA will be obliged to eliminate the violations identified by the inspection within a certain period of time.

How to file a complaint

There are no strict requirements for drawing up appeals to state supervisory authorities.

You can use the complaint sample presented on our website

The document must indicate:

applicant's details (full name, residential address);
details of the homeowners association to which the complaint is being written (name, tax identification number, address);
the essence of the problem (inflated tariffs, lack of heating, garbage on the territory, illegal rental of common premises, etc.);
the time frame for the existence of the problem (when it all started);
results of an appeal to the chairman of the HOA (it is advisable to attach all correspondence);
requirements (turn on the heating, remove the garbage, cancel the decision on redevelopment, etc.);
the legal provisions on which the claim is based;
please respond to the appeal in writing (this may be useful in the future to continue the fight for your own rights).

Application to court

If complaints to the housing inspectorate and other supervisory authorities do not give the desired result and the HOA continues to violate the rights of residents, or if illegal actions lead to property damage or harm to health, the apartment owner has the right to use judicial protection. His dispute with the HOA will be considered on an individual basis. But to apply, you will no longer need a complaint, but a statement of claim drawn up in accordance with all the requirements of civil procedural legislation.

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Meeting

Owners must arrive with a passport and housing documents. Photocopies of these documents must be prepared.

First, the chairman of the meeting and the secretary are selected

. Then the agenda is announced, after which debates are held on each issue of the HOA project.

If the decision is positive, the charter of the HOA is approved, then its board is elected. Its chairman can be elected by the meeting or the board at its meeting. The composition of the commissions is separately approved. There should be two of them: audit and counting

How to conduct a meeting is determined in the LCD, in. This is where the organizational period ends and the next one begins.

Registration

How ? This legal action is carried out by the chairman

. He can instruct his authorized representative to register the organization by issuing a power of attorney for him, notarized.

The partnership is registered with the Tax Service. When registering, the representative must submit a package of documents (more about them below) and a passport. In addition, you must provide copies of them certified by a notary.

a fee to pay for registration

. Its size is 4000 rubles.

After registration is completed, a current account is opened. It is opened by the chairman and the mayor's commission. Upon opening, written notification must be sent to City Hall.

documents are submitted to the registration authority

Read about it on our website.

Cost and terms

We have already said above that original documents are accompanied by notarized copies. That is, in addition to the fee, you will have to pay the cost of notary services

It is impossible to say exactly how much, since the price depends on the region of the country. In addition, you still need to order bulletins and notifications, and they also have a price.

Other costs may apply

. For example, for postal items and the like. Therefore, it is difficult, if not impossible, to plan creation costs in advance.

Registration is carried out within 7 days after the documents are accepted by the Tax Service. The partnership is entered as a legal entity in the Unified Register of Legal Entities (USRLE) and a state registration certificate is issued.

Nuances

They may refuse if not all documents have been submitted, not all of them, as well as the applicant’s signatures, have been certified by a notary.

Refusal is possible if the requirements of the law are not met.

, which are presented to such organizations when the information given in the documents is distorted or untrue. There are gross mistakes, blots, erasures. Duty not paid.

The application for registration is sent to the division of the Tax Service that deals with registration. Otherwise, everything will have to start over, including paying the notary and fees.

The difficulties of creating a partnership lie in the basic preparation of the necessary documents and are of a technical nature

They must be completed in accordance with the requirements for completion.

For example, form P11001 is filled out in block letters; all sheets must be stitched, numbered, signed by the applicant and certified by a notary. And there are many such nuances, starting with registration and ending with the body that deals with registration.

Therefore, when creating a partnership, it is better to immediately, even during the preparation period, involve a qualified lawyer to help

, which will accompany the entire procedure for opening a HOA. This is an additional expense, but you will save time and nerves.

But in a new building, it is better to create a partnership as soon as the house is put into operation and the residents register ownership of the housing.

The fact is that the developer transfers the house to the first person to submit an application

for its acceptance. From the moment the house is handed over until the end of the announced competition and the selection of a management company, the building is under the jurisdiction of the developer, who manages it.

The benefit for residents here is that by accepting the HOA’s house directly from the builders, all controversial issues can be immediately resolved and deficiencies can be eliminated.

In this case, you can hire a developer

. And this is probably the best option, since who knows better than him the object he built.

Is it possible to create a partnership association on several houses? The law allows for this possibility. Several houses can unite into a partnership.

The only caveat is that they must border territories with each other

. Such an association can be created either, as they say, from scratch, or by merging previously existing partnerships.

The chairman of the HOA does not provide documents to the audit commission for verification

Since such actions are committed by police officers of the Law on the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation. Since 1 month has not passed since the registration of transactions made after August 1, 2006 (Veteran of Labor at the stage of consideration of the case). Contact the bank, make a deposit through the regional protocol, if you present a repeated violation of administrative offenses, then three days after the decision you can protect your rights. In accordance with clause 1, part 1, art. 10 of the Federal Law dated 02 10 2007 229-FZ (as amended on 03 07 2016) “On enforcement proceedings”, 229-FZ Article 129 213, 219 Code of Civil Procedure of the Russian Federation, as well as the powers of a lawyer, he has the right to return the specified funds. And only bailiffs do not have the right to notify you about the sale of something for which they signed due to valid reasons for missing the statute of limitations. So everything will depend on whether, as a rule, the court does not submit to you evidence of violation of the REQUIREMENT for CARD copies of such documents. And write in detailed information about this you have several disputes about this fact. First of all, you need to prove that you are already planning to leave the court, then the amount of deduction in accordance with Art. 36 of the RF IC, the court may declare itself bankrupt if spousal support is provided; if the child remaining after the divorce, you have the right to count on reimbursement of expenses for housing and utilities (Article 441 of the Civil Code of the Russian Federation). If you sold an apartment (house) or a share in an apartment that was in your ownership for less than 3 years, you will need to pay tax at a rate of 13 of the transaction price. (Article 220 of the Tax Code of the Russian Federation). The personal income tax declaration must be submitted to the Federal Tax Service at the place of residence no later than April 30 of the year following the year in which this income was received (clause 3 of Article 228 of the Tax Code of the Russian Federation). The amount of tax that you indicated in your tax return will need to be paid no later than July 15 of the year following the year you received income (clause 4 of Article 228 of the Tax Code of the Russian Federation). ..

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Hello Andrei! Even if you are not a member of the HOA, but are the owner of an apartment in this building, then according to Art. 143 note of the Housing Code of the Russian Federation You have the right from the management bodies of the partnership to receive information about the activities of the partnership and to get acquainted with the documents. Write a request to the HOA to provide documents for review; if they do not provide them, write to the prosecutor’s office, and if this does not help, go to court. Thanks for the question. All the best!

Minutes of the meeting

It contains the following information:

Annexes to the protocol

— a list of participants, as well as bulletins and notifications. The latter must have evidence that they were delivered to the addressee.

The protocol is necessary to document the decision made and register the partnership with government agencies.

A partnership association today is probably the most efficient form of management, since issues related to house maintenance are resolved by it independently. And this, you see, is a big plus.

Step by step instructions in this video:

If you find an error, please select a piece of text and press Ctrl+Enter

To conduct full-fledged office work, the partnership must have numerous nomenclature and regulations and certificates, legislative provisions at the federal and regional levels, as well as packages of documents for the building itself and for the persons living in it, paying for utilities and being responsible for the maintenance of the multi-story building.

Most documents are organized into “cases”, located in appropriate folders.

Each case should not contain more than 250 documents.

Next, a new folder is created that can accommodate the same number of documents.

All documentation is classified and is in the custody of authorized persons.

Founding papers

The basis of office work is a package of constituent documentation that determines the legal status of the HOA:

Charter of the Partnership.
Minutes of the general meeting of residents on the creation of the HOA.
Minutes of the counting commission for counting votes at a meeting of owners of premises in an apartment building on the creation of a HOA.
The decision of homeowners taken at a general meeting of residents to create an HOA.
HOA certificate of state registration.
Certificate of registration with the tax authority.
Certificates of registration in extra-budgetary funds.

Important!

Constituent documentation is kept by the chairman of the board and is provided for various types of inspections. The chairman is obliged, at the request of the inspectors, to submit each of the listed documents.

Accounting

In addition to constituent documentation, accounting documents play an important role. All financial activities of the HOA are based on these documents.

, no less numerous checks are carried out against them than against the constituent ones.

Constituent documentation requires proper storage after the emergence of the legal basis; the very existence of the Partnership is associated with it. Accounting documentation is limited to current affairs, it is not based on the legislative basis for the existence of the HOA, but without it, or if it is not properly maintained, the activities of the HOA lose its meaning.

This documentation is maintained by the accountant and chief accountant, managing the movement of current activities through the processes:

registration and transfer of funds;
calculations and reports stored in the HOA and submitted for inspections;
decisions made on the appropriateness of spending.

Reference!

The chief accountant makes all decisions based on the development of the economic profitability of the HOA, with the direct participation of the chairman. It prepares reports for stated periods and is also required to provide a report upon request for any transactions carried out within the scope of financing and refinancing.

Accompanying documents

In addition to accounting and constituent documents, the board of the HOA must keep:

All available documents for the building - acceptance certificates, all technical documentation, required certificates.
Documents for the land adjacent to the house. These include lease agreements or certificates of title.
An agreement on the provision of services concluded with each member of the partnership.
Staffing table for HOA positions.
Personal accounts of HOA members.

The board must have lists of residents of the house available

and keep separate records of those who are members of the HOA.

Documents must be stored properly, in a designated place, not accessible to public access. Accounting documentation is maintained by the accounting department and, at the same time, the chairman is responsible.

In addition to the constituent documents of the HOA, which is maintained by the chairman, he is obliged to maintain and properly store administrative and regulatory documentation. He has the right to transfer part of the responsibility to an authorized person appointed by order, responsible for the storage and maintenance of certain types of documents.

The logs kept in the HOA should be:

intertwined;
laced;
numbered;
sealed;
signed.

Note!

It is permissible to file documents only after they have been executed and a mark of execution has been made.

List of mandatory documents for the HOA of a residential building

Today it is difficult to imagine an apartment building where no one is involved. This is especially true for new development areas.

As a rule, even at the stage of building a house, its future residents become aware of the name of the management company.

In old-built houses, this option is not always available, so residents themselves create a homeowners’ association for competent management of the house.

Legal entity according to the rules

What documents must be in the HOA for an apartment building?

The organization is registered as a legal entity whose activities are regulated by the Housing Code of Russia.

Accordingly, he, like any legal entity, has regulatory documents on which all activities are based.

List of regulatory documents:

— Charter, which may be amended and supplemented. — Certificate of inclusion in the Unified State Register of Legal Entities (USRLE). — Certificate of right to use the land plot on which the house stands. — Certificate of registration with the tax office.

— Certificate of registration with the Mandatory Medical Insurance Fund, Social Insurance Fund and Pension Fund. — Certificate from the State Statistics Committee on the assignment of OKPO, OKOPF or OKATO codes. — Bank certificate with current account details, etc. — Minutes of the general meeting of residents on the creation of the partnership.

— Minutes of the counting commission on counting when creating a HOA at a meeting of homeowners in an apartment building.

— The decision of apartment owners to create an association, adopted at a general meeting of residents.

Like any organization, a partnership needs to have its own seal.

All documentation, protocols and journals are drawn up in strict order: sealed, stitched, numbered and signed by the chairman of the board.

There's never too much

In addition to the statutory documents, the residents' association is required to have internal and technical documentation.

The internal ones include the following:

— a list of HOA members, which should indicate both the homeowners directly in the partnership and the residents who are not members of it;

— agreements with each member for the provision of services;

— HOA staffing;

— personal accounts of apartment owners;

— accounting documentation for conducting activities.

The list of technical documentation consists mainly of title documents for the building and the land underneath it:

— act of the state commission on acceptance of the building into operation;

— a technical passport, which must be updated every five years;

- passport of the household;

— certificate of entry into the property register;

— certificate of ownership of non-residential premises of the house;

— explications and floor plans of the building;

— schedules of operational responsibility and balance sheet ownership of resources;

— a land lease agreement drawn up with the local regulatory authority.

I have the right

What documents is the partnership required to provide to the owners?

Apartment owners can legally request to review the charter and state registration certificate to ensure that the organization is properly registered.

In addition, they have the right to look at accounting and financial statements, information about audits, and estimates. If questions arise, the chairman of the board or a person authorized by him (for example, an accountant) is obliged to explain everything to the residents.

Of course, apartment owners can read all minutes of member meetings and board meetings, including documents on the results of the meeting.

The last ones may be ballots for the meeting, decisions of the owners of the premises on issues submitted to the meeting, etc.

And, of course, residents of an apartment building can freely familiarize themselves with all the technical documents for the building in which they live. In order to find out all this information, it is enough to submit a written request to the HOA with an originating number.

Help desk on the wire

In addition to taking care of those living on the territory of the house entrusted to the partnership, it is also responsible for issuing the residents the certificates they need.

This banal, but important for all apartment owners, work must be performed by a specially assigned employee in the staffing table. As a rule, this is a passport officer or a passport office clerk.

Certificates are issued in two types:

- about the people registered in the apartment;

- about the composition of the family.

The latter are easy to manufacture and therefore are provided almost immediately after application. They are needed, for example, to enroll a child in kindergarten or school, as well as for various social institutions.

Preparation of registration certificates takes three days. There, broader information can be provided about residents of a particular apartment, including those who, for various reasons, have not been deregistered.

Such a certificate is taken if it is necessary to submit information to the registration chamber, for example, in a property transaction. Or a bank requires a certificate to register an apartment as a collateral, for example.

All certificates are issued solely on the basis of entries in the apartment register.

The most important

One of the main activities of the partnership is, of course, collecting funds for the use of the resources of an apartment building. This collection is carried out through a wide variety of receipts. Let's list the main HOA receipts:

- receipt for payment of utilities. Each resident of the house receives it every month, indicating the period within which the amount accrued for the use of the benefits of civilization must be repaid;

— receipt for parking payment. Newly built houses, as a rule, have their own underground or surface parking, a place in which residents can buy or rent. The HOA charges a set fee for maintaining a parking space in such a parking lot;

— receipt for payment of security services. In business or elite class houses, a private security company is often hired to guard the territory. In economy and comfort class, these functions can be performed by a concierge;

— receipt for payment of the HOA membership fee. Presented to the owner of the apartment upon joining the partnership;

— receipts for payment of targeted contributions to resolve issues related to house management.

All receipts, as a rule, have standard forms, which are prepared by a staff accountant. They can be issued only after a preliminary agreement for the provision of services has been concluded between the resident and the association.

Receipts for targeted contributions must also be supported by a signed agreement with the contractor for the work or provision of services.

All receipts, as a rule, have standard forms, which are prepared by a staff accountant. They can be issued only after a preliminary agreement for the provision of services has been concluded between the resident and the association.

Receipts for targeted contributions must also be supported by a signed agreement with the contractor for the work or provision of services.

Not a single document can be issued by the HOA without securing it in one form or another in the contracts. Payment of the entrance fee occurs on the basis of the charter, which specifies its amount and form of payment.

Everything is taken into account

Thus, although the document flow is extensive, it is strictly defined by law.

Homeowners who have doubts about the proper functioning of their association have the right to request its inspection and, subsequently, elect a new one if the activities of the current one are found to be unlawful.

DIY repair

Source: https://www.webohrannik.ru/vseokomynalke/perechen-obyazatelnykh-dokumentov-dlya-tszh-zhilogo-doma.html

Receipts

The functions of the HOA include filling out, issuing and collecting payment documents for residents of a multi-storey building.

One of the most common documents for this plan is the pay stub. It is the basis for providing payments, as well as confirmation that payments have been made.

Most often, the HOA is responsible for issuing the following receipts:

To make payments, standard receipt forms are usually used. An accountant is usually responsible for maintaining this documentation.

HOA. The receipt as a document does not have independent legal force and must be based on a previously drawn up agreement, being a form of payment for the services provided by the agreement, by agreement of the parties.

Attention!

Before demanding payment for utilities, the HOA must enter into an agreement for the provision of these services. The same applies to targeted contributions, which are usually made on the basis of a contract (subcontract).

The entry fee must be specified in the charter, and payment for services must be made on the basis of the relevant agreement for the provision of services.

What documents must the HOA provide at the owner’s request?

Residents want to know how their home is managed and contact the HOA with requests to provide documents to familiarize themselves with the information they need. But partnerships do not always agree and do so in vain. Read what information the HOA is required to provide to the owner of the premises in the apartment building upon his request.

How to create a real estate owners' association

Why do owners have the right to get acquainted with HOA documents?

Owners of premises in apartment buildings and members of the partnership contact the HOA with a request to provide information about what work on the house has been carried out and what is planned, and how their funds are spent. HOAs do not always provide the necessary documents in response to written requests from residents.

Sometimes they motivate this by the fact that the partnership should provide information only to its members. This is the wrong position. Both members of the HOA and other owners of premises in the apartment building have the right to get acquainted with the documents. The list of such documents is specified in Art. 143.1 Housing Code of the Russian Federation:

charter of the partnership;
certificate of state registration of the partnership;
register of partnership members;
accounting statements of the partnership: estimates of income and expenses, reports on their execution and audit reports, if any;
conclusions of the audit commission of the partnership;
documents confirming the partnership’s rights to property reflected on its balance sheet;
minutes of general meetings of members of the partnership, meetings of the board and the audit commission;
documents confirming the results of the general meeting of members of the partnership: voting ballots, powers of attorney or copies thereof;
decisions of owners of premises in apartment buildings, confirming the results of general meetings of owners;
technical documentation for an apartment building;
other documents related to the management of apartment buildings;
internal documents provided for by the Housing Code of the Russian Federation, the charter of the partnership and decisions of the general meeting of members of the partnership.

Find out whether it is possible to oblige the owner of a premises in an apartment building to join the HOA

What happens if the HOA does not provide documents upon request

If the partnership refuses to provide documents, the owner of the premises in the apartment building has the right to appeal to the court or the prosecutor's office.

If the prosecutor's office reveals violations, it can initiate a case of an administrative offense under Art. 5.39 of the Code of Administrative Offenses of the Russian Federation for refusal to provide information. The official, the chairman of the board of the HOA, will receive a fine in the amount of 5,000 to 10,000 rubles.

Residents also have the right to go to court immediately, bypassing the prosecutor’s office. Courts make different decisions depending on the case materials. Let's look at a few of these cases.

RF PP No. 331: information disclosure rules for management entities and homeowners' associations

Negative judicial practice for HOAs

The owner of one of the residential premises contacted the HOA with a written statement, in which he asked for clarification of the reasons for the arrears in payment for utilities and the unsatisfactory provision of housing and communal services. The HOA did not respond to the owner.

The owner of the premises contacted the prosecutor's office, which opened a case of an administrative offense under Art. 5.39 of the Code of Administrative Offenses of the Russian Federation and referred the case to court. The court agreed with the position of the prosecutor and in its decision indicated that the chairman of the HOA violated:

provisions of Art. 138 Housing Code of the Russian Federation;
requirements of the Decree of the Government of the Russian Federation of September 23, 2010 No. 731.

The court brought an official of the partnership to administrative liability for unlawful refusal to provide information.

Positive judicial practice for HOAs

The Belgorod Regional Court considered the claim of the owner in the HOA, in which the resident referred to the lack of information on the official website of the partnership. Previously, the prosecutor's office refused to satisfy the owner's demands and bring the chairman of the HOA to administrative responsibility under Art. 5.39 Code of Administrative Offenses of the Russian Federation.

The court concluded that the lack of information on the website violates the legislation on the disclosure of information by organizations engaged in managing apartment buildings. There were no signs of unlawful refusal to provide information. Therefore, the court decided not to hold the chairman of the HOA liable under Art. 5.39 Code of Administrative Offenses of the Russian Federation.

Also, the court explained that in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, the owner may be refused consideration of the case if he does not provide sufficient evidence of his appeal to the HOA with a request to familiarize himself with the documents.

Why will the chairman of the HOA be held vicariously liable?

Disputes over the right to make copies of documents

In the Krasnodar Territory, the owner of a premises in an apartment building filed a lawsuit against the HOA. She learned about the holding of an absentee meeting of the HOA members, at which members of the association’s board were re-elected.

The owner did not like the decision made, and she made a written request to the chairman of the partnership to familiarize herself with the results of the meeting and make copies of such materials, but the HOA refused her.

The court decided that the chairman is obliged to provide the owners of premises in the apartment building with documents for review for at least three consecutive hours during the working day without the presence of other citizens. At the same time, it is allowed to make extracts from documents, but not to make photocopies.

The chairman of the board of the HOA did not agree with the court's decision and asked that the owner familiarize himself with the documents in the presence of the chairman and members of the board of the partnership. The owner of the premises was also dissatisfied with the result of the process and asked to be allowed to make copies and to lift the restriction on the time of review.

The regional court upheld the previous decision, noting that the right to make copies of documents is not provided for by the housing legislation of the Russian Federation. Also Art. 143.1 of the Housing Code of the Russian Federation does not contain requirements for the presence of the chairman of the HOA when reviewing the documents.

The opposite opinion can be found in the decision of the Lyubertsy City Court No. 2-6305/2018. The owner of the premises in the apartment building appealed to the court with a request to give him the opportunity to familiarize himself with the documents and make copies of them.

The court indicated that the HOA is not obliged to provide owners with copies of documents, but the owner has the right to familiarize themselves with the documents and the HOA cannot create obstacles in copying documents.

The HOA indicated that the information requested by the owner was posted on the website. But the court noted that the website contains scanned copies of documents, and the owner has the right to familiarize himself with the original documents in accordance with clause 3 of Art. 143.1 Housing Code of the Russian Federation.

Read how to formalize the withdrawal of a HOA member from the partnership

conclusions

Both members of the HOA and owners of premises in the apartment building who are not members of the partnership can familiarize themselves with the documents.
The HOA is obliged to provide upon request the documents listed in Art. 143.1 Housing Code of the Russian Federation.
Refusal to provide information is subject to liability under Art. 5.39 Code of Administrative Offenses of the Russian Federation.
We advise you to familiarize yourself with the current judicial practice, especially regarding the provision of copies of the requested documents. Sometimes courts make conflicting decisions.

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Source: https://zen.yandex.ru/media/id/5a5864e93dceb7ffefabddd3/5b226ef09d5cb384c02c6628

What certificates are issued at the request of residents?

Certificates are one of the routine, but extremely important types of work, which is carried out by a special staff employee - a clerk or passport officer. In the absence of one, powers are delegated to a person chosen by the chairman, documented in the protocol.

The HOA board issues the following types of certificates:

About the composition of the family.
About residents living and registered in the apartment according to Form 9.

Certificates of family composition are usually prepared and issued immediately, upon the request of residents. They are provided to kindergartens, schools and other social protection organizations.

Certificates of the second type are usually prepared within three days after the request. They use an advanced search for information and reflect the history of apartment residents who remained unregistered for one reason or another. They are usually called “archival” certificates.

They are required when providing information to the registration chamber for registration of property transactions or for the participation of an apartment as an object of collateral value in a bank or other credit organization.

Reference!

All certificates are issued by the HOA based on entries in the apartment register.

To whom to complain about the chairman of the homeowners' association - housing and communal services

Each of us certainly dreams of living in an apartment building, where it is clean, comfortable and renovated. But sometimes, the management organization fails to cope with its responsibilities or does not want to do so.

In this article, we will look at how to influence the homeowners’ association in this case, and also pay attention to the most important nuances.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

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Cases of violation (for example, poor heating and others)

As a rule, it is the owners of the premises who want to establish such a form of government - after all, the same owners are at the head of the partnership, which means it is in their interests to do work for the benefit of the house.
The purpose of this organization is to satisfy the needs of owners , prevent problems, and resolve important issues on behalf of residents.
Article 49 of the Civil Code states that this organization, which is non-profit in nature, operates on the basis of a charter .
Help: the charter of a homeowners association is a set of rules on which the activities of this organization are based and all residents take part in their development.

Unfortunately, the members of the partnership do not always find a common language with the residents. Sometimes by accident, sometimes on purpose, but conflicts break out between these two parties, which can be resolved either by the parties themselves, having come to a compromise, or by a third body.

Sometimes residents of a home require disproportionate actions that the homeowners association is not obligated to comply with. But sometimes the members of the HOA themselves, as they say, “go too far.”

More than once in judicial practice there have been cases of unlawful and uncontrolled expenditure of funds, concealment of information, theft, and lack of response to the most ordinary, vital requests of residents.

Here is the most common list of violations, based on judicial practice:

Mismanagement, which manifests itself in the lack of proper care of the house and failure to provide its basic needs as specified by the charter.
Inappropriate and unreasonable waste of homeowners' association funds. Manifests itself in theft, disproportionate spending, and inconsistent purchases.
An unreasonable increase in house rent, which is not related to an increase in utility tariffs and wages for certain categories of workers.
Low quality of paid services provided. It manifests itself in negligence either in relation to the expenditure of budget funds, or in the selection of personnel and funds necessary for repair work.
Lack of response to residents' requests to troubleshoot problems.
Not turning on the heating at the start of the heating season.
No hot water supply.
No cosmetic repairs.
Lack of renovations in the building.

This list is not complete or exhaustive, so if you feel that your rights are being violated in one way or another by your homeowners association, do not rely solely on this list . You can write a complaint to the HOA.

For an example of how to write a complaint to an HOA about poor heating, see here.

Complaint

If owners have disputes with members of the homeowners’ association and the problem is not resolved in conversations, then it is necessary to resort to filing a complaint . This is the only way to achieve justice and be heard. For useful tips on how to properly file a complaint, watch the video below:

To the chairman

When making a complaint against the chairman of the HOA, you should remember your rights . In accordance with Article 143 of the Housing Code, the owner has the right at any time to receive reliable information about the work of the partnership, to be familiar with various documents relating to housing and its condition, and also to monitor the quality of services provided.

In a complaint against the chairman, the owner of the property says what he considers unlawful in relation to himself, what he is specifically dissatisfied with and sets out his demands. The chairman has the right to both satisfy the requirements by signing the submitted application and indicating the date of its consideration, and to refuse to satisfy his requirements.

If the chairman denies consideration, he sends a recommended letter of explanation to the owner. If there is no answer, this is a direct violation of the rights of the homeowner who filed the complaint, since in accordance with Federal Law No. 59, it must be received.

If the owner has claims not only against the chairman, but also against all members of the partnership, he files a claim addressed to the entire HOA. As you know, all management powers are concentrated in the hands of the residents, so if their work is ineffective, the problem should be resolved appropriately through a complaint.

A complaint against the board of a homeowners association must contain information about the owner, as well as about the organization to which it is addressed.

The text of the complaint should indicate violations of the employee’s rights and possible solutions to the problems. Unfortunately, there is no single form that would explain how such documents are drawn up. The complaint is written arbitrarily.

The main thing is a description of the violations. Date and signature of the resident. Where can I complain about the HOA? Let's find out.

Where to write a complaint about the HOA?

The legislator has provided for the possibility of filing a complaint with other authorities that can help you achieve justice.

Let's find out: where to complain about the HOA? And the first thing we will consider is a complaint against the HOA to the housing inspectorate.

Housing inspection

The Housing Inspectorate is a specialized can, through its decrees and decisions, appeal against the actions and inactions of the partnership.

In addition, the housing inspection carries out the following functions:

monitors the technical condition of the house;
controls the quality of services provided to residents;
control over communications and engineering equipment;
monitoring compliance with the code.

In a complaint addressed to the housing inspection, the owner writes the name of the organization to which the appeal was sent, and also indicates his passport details and contact information. In the text of the complaint itself, residents outline what actions they have already taken to eliminate the problems. The following outlines the requirements for the housing inspection and options for resolving the conflict.

If you attach other documents to the complaint (for example, a response from the HOA or a complaint you filed against the chairman), then be sure to list the attached papers . Then put the date the paper was written and your signature. The housing inspectorate must accept your complaint immediately after the inspection. A response to the appeal will be received within the next month.

Complaint against an HOA to the Housing Inspectorate - sample.

Rospotrebnadzor

The complaint must contain information about the fact of the previous refusal . Upon consideration of your complaint, Rospotrebnadzor may conduct an inspection of the homeowners association.

If shortcomings in activities are identified, this is a direct basis for filing a lawsuit.

Take these tips as a basis and file your complaint against the HOA to Rospotrebnadzor: sample.

If the situation has reached the point of conflict and mutual understanding has not been found, then perhaps a complaint against the HOA to the prosecutor’s office will help. The prosecutor's office is a supervisory authority that monitors the implementation of legislation by all individuals and legal entities.

The complaint is considered by the prosecutor's office
for up to one month . If you do not receive a response for a long time, do not rush to resubmit the document. The second complaint will not be considered, wait for a reaction to the first .
The prosecutor's office can conduct an investigation into the fact of non-compliance by the HOA body with the legislation in relation to one specific or several owners at once. Here is a complaint to the prosecutor's office against the HOA: sample

Other organs

Another option in order to achieve justice is to go to court .

The owner of housing in an apartment building can draw up a statement of claim in which he will tell about all the injustices regarding his rights from the HOA.

To submit an application, you need to pay a state fee and attach some documents indicating that you have applied to other authorities.

Group or solo?

A complaint can be filed either collectively or individually. The collective complaint must contain the signatures of all owners who believe that their rights have been violated. Both single and collective complaints can be accepted and considered, regardless of the number of participants who submitted the appeal.

How to make an application?

The name of the body to which the complaint is being filed is indicated in the upper right corner.

Next, it is written from whom the complaint was sent, namely the surname, name and patronymic of the person, as well as his contact information.

Next, write the word “statement” or “complaint”. After this, in dry legal text, you begin to outline the essence of your demands and claims. It is advisable to refer to the law .

You can also suggest solutions to the problem. The law does not clearly regulate the method of drawing up a complaint, so you are not obliged to adhere to any framework.

Try to avoid grammatical and punctuation errors.

Important! Refuse to be emotional when drafting a document. Don't make mistakes in the text.

Next, indicate the word “please” and ask for an inspection or other influence on the body managing the house. If you are attaching any documents, please list them. Put your signature and the date the document was written. What documents should I attach to the main document? You can attach the following documents to the main document:

certificate of ownership of housing;
minutes of meetings held in the HOA, at which decisions were made that did not suit you;
previously filed complaints with the HOA;
responses received from the HOA;
documents on the actions taken by the HOA in relation to the apartment building and its budget.

You can submit documents to any of the authorities either in person, by giving them to the office, or by sending them by letter with notification.

A response to your complaint must be received within a month However, please note that if documents were submitted during the holidays, the deadline may take a little longer. If a month has passed and you have not received a response, do not despair.

It is possible that your complaint has not yet been resolved. To find out if your application is progressing, call the office.

Government authorities will definitely respond to your appeal. There is no need to submit a second application, if only because it will not be considered, since the first one is already under consideration.

Protecting your rights as one of the owners of the premises of an apartment building is your direct responsibility . If you believe that you are being treated unfairly, be sure to fight for your interests.

From this video you can learn how to resolve disputes with HOAs:

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Where can I complain about the chairman of the HOA if he does not fulfill his duties?

An association of homeowners in apartment buildings is formed with the aim of creating the most comfortable living conditions and protecting their interests.

As practice shows, in such forms of organization there are frequent abuses or improper performance of duties on the part of management. Such actions violate the rights of apartment owners and cause material damage.

What to do if the Partnership does not fulfill its obligations? Let's look into it in detail.

How to check and punish a manager?

To restore their interests, the participants of the partnership have the right to file a claim against the chairman with the competent authorities.

Registration of a power of attorney

Each of the HOA employees, as well as persons who have entered into a contract or service agreement, has the right to act on behalf of the HOA board, resolving issues and tasks entrusted to the partnership. For situations in which a representative will act on behalf of the HOA, a power of attorney will be required.

It is drawn up in favor of the person according to the general rules set out in the Civil Code of the Russian Federation. It requires stating the essence of the task that the trustee is solving on behalf of the partnership, as well as entering his personal passport data.

The power of attorney has no independent legal force and is valid only if a passport is simultaneously presented. It is certified by the signature of the chairman of the HOA and the seal of the board. In some cases, a notarized power of attorney is used.

After receiving the document, the authorized representative has the right to carry out the following actions on behalf of the HOA:

These and other actions are carried out on behalf of the members of the board of the partnership and for the benefit of the partnership.

If the former chairman of the homeowners association does not transfer documents

In addition, the changes made to clause 8.2. Article 162 of the Housing Code of the Russian Federation Federal Law dated June 4, 2011 N 123-FZ, allows you to unilaterally refuse to perform a contract in the event of choosing a new management organization or changing the management method.

We recommend reading: Is it possible to receive alimony and not be officially divorced?

If the procedure for accepting and transferring cases is not established by the HOA Charter, then at the general meeting of the HOA it is necessary to adopt the Procedure for accepting and transferring cases when changing the chairman of the HOA. This can be done once and in the future you can use the Procedure for the Acceptance and Transfer of Cases approved by the meeting (see sample Procedure).

Staffing table

In order for employee positions to fully function in the HOA, the general meeting must resolve the issue of the number of such employees, as well as the functional responsibilities that need to be performed.

Reference!

The staffing table is a local act that completely models the staffing situation autonomously, without relying on external provisions.

When drawing up the staffing table, a link is given to the decision of the meeting and the list of staffing units approved by the meeting. The schedule is drawn up in the form of a table with the following required columns:

name of the unit and official;
number of staff units;
official salary;
the provided allowances, the conditions for their accrual and payment;
total amount of payments;
order number and date.

Each position must be approved by the staffing table, with which there should be no discrepancies in the accounting documentation.

Where can I complain about the chairman of the HOA if he does not fulfill his duties?

An association of homeowners in apartment buildings is formed with the aim of creating the most comfortable living conditions and protecting their interests.

What to do if the Partnership does not fulfill its obligations? Let's look into it in detail.

Letter to the management of the partnership

Claims to the performance of duties by the chairman are drawn up in the form of a statement in two copies.

One of them is submitted to the governing bodies of the HOA, authorized to accept documents.

The second copy is returned to the applicant with a dated receipt note. There is an option to deliver the document by registered mail with notification.

ATTENTION! Thirty days is the maximum period for responding to any requests from residents.

The text must contain the satisfaction of the request or a justified refusal, or indicate the date for consideration of the issue during the meeting. Ignoring a request is an offence.

If claims submitted to management do not produce the desired effect, it becomes necessary to involve state regulatory authorities in resolving the dispute.

IMPORTANT! A marked copy of the document or a receipt will serve as proof that the claim was received by the HOA and will be useful in subsequent proceedings.

Application to the prosecutor's office: sample, response time

The jurisdiction of the prosecutor's office includes control over the activities of all self-government bodies, including homeowners' associations. The grounds for conducting an inspection will be:

assumption of embezzlement of funds by the chairman of the partnership for personal purposes;
unjustified increase in cash contributions and extortion of funds not approved by the meeting of homeowners;
suspicion of collusion between management and contractors;
non-compliance with reporting rules for financial and economic activities;
clearly inflated amounts of payments;
other forms of manifestation of lawlessness on the part of the management of the partnership.

The complaint can be individual or collective in nature and is drawn up according to generally accepted rules. In the document itself, you must indicate the name of the department and the details of the employee accepting the application to the prosecutor’s office for the HOA.

IMPORTANT! The statement lists the violations, their essence and circumstances of occurrence, as well as the address of the HOA and information about the chairman.

Next, in order to check the activities of your HOA , you need to formulate a request to initiate an investigation into the specified facts of violation of the law or to conduct an inspection.

It is necessary to indicate: full name, date of birth, residential address and passport details of the applicant, put the date of the day of application and signature.

If you have any documents confirming illegal actions: statements, receipts, photographs, you must attach them to the application.

ATTENTION! In case of serious violations in the work of the Partnership, documentation with the results of inspections is sent to the court.

According to the provisions of the Civil Procedure Code, the period for consideration of a complaint is one month .

Court practice: how to win a claim on utility charges for non-members?

The court is considered the last resort protecting the rights of apartment owners united in partnerships.

It makes sense to file a claim if there is evidence of abuse or violation of the interests of residents by the head of the HOA.

You should also go to court if the requirements have not been satisfied in other instances.

Situations requiring legal action include:

illegal transition to the HOA form;
causing losses through the fault of the chairman;
illegal alienation of common premises on the balance sheet;
inaction of management in eliminating the consequences of accidents.

The statement of claim is written in the following form:

The name and address of the judicial authority are indicated at the top.
Next, fill in the information about the applicant.
The text indicates facts of violation of the rights of residents by management with reference to the legislation.
Evidence of these violations is provided.
Next, demands are made indicating the amount of damages.
At the end of the document, a date and signature are placed, or several signatures in case of a collective appeal.

The application is accompanied by accompanying documents, such as a copy of the plaintiff’s passport, a certificate of ownership of real estate and evidence of the applicant’s pre-trial actions.

Please note that when going to court, a state fee of 300 rubles is charged.

ATTENTION! The complaint must be submitted to the court at the place of registration. Property disputes where the amount of the claim does not exceed 50 thousand rubles are resolved by a magistrate during a hearing using a simplified procedure.