The rights and obligations of the HOA to residents, which is included in the regulation of the community
The answer is contained in Article 149 of the RF Housing Code. Its provisions state that the chairman of the HOA is also vested with the functions of a governing body. His activities, pursuing the interests of the partnership, are independent in nature. This person has the right to exercise his powers alone from other community structures.
- Budget allocation for home needs.
- Use of common property under the terms of the Charter.
- Concluding transactions and agreements for the improvement of the house and surrounding areas.
- Registration of bank loans within the framework of the Charter of the partnership.
- Modification of common property.
05 Aug 2020 toplawyer 422
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Rights aimed at solving current issues
What rights does the HOA have based on the norms of the Housing Code? They are contained in Article 137 of this regulatory document. The homeowners association has the right:
- Conclude various agreements for management, repair or provision of public services.
- Determine cost and income estimates. HOA members must account for all home maintenance costs, as well as dues and other income.
- Provide a variety of services to residential building owners.
- Borrow funds from credit institutions for the maintenance and repair of an apartment building.
- Make payments to persons and organizations that provide repair services for the partnership.
- Use property owned by the organization as an owner.
The partnership exercises its rights with mandatory consideration of the interests of the owners of residential premises, even if they are not members of the organization. Therefore, based on the consent of the owners, the partnership has the right to:
- transfer of part of the property for temporary use;
- repair and reconstruction of partnership property;
- purchase or lease of land plots for additional construction;
- concluding a number of transactions aimed at achieving the goals of the partnership.
Does the homeowners association have the right to dispose of property that is in shared ownership? Yes, if all owners agree to this. However, it must be in writing. This also applies to repairs and reconstruction of any part of the residents’ common property.
Organizational and legal forms of non-profit organizations
So, many residents see HOAs not as a way of self-organization to solve general issues of managing the housing stock, but as another ploy by the authorities in order to shift the burden of caring for housing onto the shoulders of citizens. Unfortunately, very often such fears come true, which does not at all contribute to the creation of new HOAs.
Non-profit organizations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, to protect the health of citizens, develop physical culture and sports, satisfy the spiritual and other non-material needs of citizens, protect the rights and legitimate interests of citizens and organizations, resolve disputes and conflicts, providing legal assistance, as well as for other purposes aimed at achieving public benefits.
08 Aug 2020 piterurist 194
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Types of economic activities of the partnership
The main tasks and goals of the organization in question are enshrined in the charter of the HOA. In accordance with this document, the HOA has the right to conduct business activities, which must be carried out legally. The Housing Code determines the nature of the economic activities of the HOA:
- activities aimed at maintaining the premises of the house, carrying out work related to the repair of property, and the operation of such property;
- activity for concluding transactions for the purpose of alienating property to other persons (the law deals with the leasing of property);
- economic activity of the HOA, aimed at the construction of new property, construction of new premises of the house.
