How to make an application to the homeowners' association

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Rules for filing a complaint to the Prosecutor's Office against a HOA

How to properly submit an application for a partnership to the Prosecutor's Office? The Russian Prosecutor's Office accepts complaints in individual and collective forms. An application to the highest government body is submitted if the latest actions have not been successful.

Impromptu in the form of an appeal to the prosecutor, bypassing various inspection organizations and HOAs, is a waste of time. The Partnership can confirm that there is no problem, as no complaints have been received.

Consideration of the claim by the Prosecutor's Office will not begin without first sending a request to lower-level organizations. If their inaction is proven, it will take appropriate measures.

The procedure for filing an application with the Prosecutor's Office is identical to filing a complaint with the HOA and regulatory authorities. The document should consist of a description of the problem, how it was solved on its own, and the answers that were received from lower authorities.

ATTENTION! Look at the completed sample complaint to the Prosecutor's Office against the HOA:

All photocopies of papers that were sent to various authorities are attached to the application: the Board, Rospotrebnadzor, HOA or Housing Inspectorate. Clarity, literacy and consistency are the main signs of a properly drafted document. Precedents of violations set out on paper must be supported by excerpts from legislative acts.

After stating the facts in the complaint, indicate a number of demands. If it is formulated without this clause, it will be accepted by the Prosecutor's Office, but the appropriate actions will not be taken. The applicant’s request will be returned with the mark “insufficient information.”

If violations are detected by the supervisory authority, if a collective complaint has been filed, it may be redirected for consideration to an arbitration court. After verification of an individual complaint, the applicant must personally apply to the court.

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How to write a complaint against an HOA - sample applications to Rospotrebnadzor, the prosecutor's office and the housing inspectorate

An HOA is created so that apartment owners can organize themselves and, without waiting for the mercy of public utilities, make living together in an apartment building more comfortable.

Somewhere this works, and the entrances become cleaner and safer. But sometimes the board created by residents forgets about common interests, preferring to care exclusively about their own needs.

So the question of where to complain about the HOA periodically sounds very relevant for owners of square meters.

What do HOA members complain about?

The main reason for complaints about the partnership is its ineffective work. Often, after creating an HOA, residents notice that only their rent has changed. Moreover, in the direction of increase. Otherwise, the living conditions remained the same as they were when the management company was in charge of everything.

The most common reasons for a complaint against an HOA are:

• unreasonable and excessive increase in utility tariffs;
• misuse of funds collected from HOA members;
• abuse of power by the chairman of the partnership and other members of the board;
• unjustified delay in current building repairs;
• making arbitrary decisions that do not comply with Russian laws or the charter of the HOA itself;
• long-term elimination of the consequences of accidents.

In such cases and in other conflict situations, any member of the created partnership has the right to complain about the HOA. But for a complaint to have any effect, it must not only be drafted correctly, but also sent to the right address.

What is written in the complaint

The statement in free form communicates the essence of the conflict or violation of the tenant’s legitimate interests, which forced him to start drawing up the paper. The facts are presented dryly, consistently, indicating the articles of the law that were violated by the described actions.

Despite the absence of an established complaint template, any sample always contains:

• information about the addressee (full name, position, etc.);
• information about the applicant (full name, place of residence, contacts);
• title of the document being submitted (“COMPLAINT”);
• description of the current situation (dispute);
• specific requirements (what the applicant wants to achieve);
• within what time period he asks to eliminate the existing violations;
• date and personal signature of the HOA member.

If the author of the application has something to confirm his words, he attaches evidence to the complaint, listing in it what exactly it is.

If the document is submitted in person, it is always prepared in two copies. One of them is transferred to the addressee, and the second is registered by the paper submitter and remains with him.

All correspondence must be carefully preserved in case you have to defend your rights in court.

Complaints about the HOA can be made here.

Download the document (pretenzii-v-TSZH-na-predostavlenie-uslug-nadlezhashhego-kachestva.doc, 37KB)

Concerned Board

Those who have to complain about the HOA for the first time should begin the path of defending their own interests by contacting the board of the residents' association directly.

The claim is usually drawn up and signed by a group of HOA participants. It is announced at a general community meeting. This could be a complaint from homeowners against the chairman of the HOA, members of the board or individual residents of an apartment building who violate the established procedure.

According to the law (Article 45 of the Housing Code), 10% of the members of the partnership can initiate it, having notified the board in writing of the need to convene the participants. In the submitted appeal they formulate the agenda.

The complaint voiced at the meeting is transferred to the board, after which it is obliged to respond to it in writing within 3 days (clause 31, Government Resolution No. 354 of 05/06/2011). If, instead of a proper response, you receive a reply, or nothing has been received at all, you should proceed to complaints to various authorities.

Contacting government agencies

A citizen can complain about the improper functioning of the HOA to various regulatory and law enforcement agencies. The partnership has the status of a legal entity and is under the supervision of several government authorities.

Housing inspection

An application must be sent to this department if a HOA participant is dissatisfied with:

• the level of quality of utility services provided;
• timing of repairs and other work in an apartment building;
• how orders to eliminate identified violations are implemented;
• in what technical condition is the house entrusted to the HOA maintained;
• how the norms of the Housing Code are observed.

Following a complaint to the housing inspectorate, officials are conducting an investigation.

If they are confirmed during control activities, the HOA will receive an order from the department to eliminate all shortcomings (indicating the period within which it must be fulfilled).

If the partnership does not eliminate the identified shortcomings and violations in a timely manner, it will face fines in accordance with Article 7.22 of the Administrative Code - up to 50 thousand rubles.

A copy of the complaint, which was originally voiced by the HOA, is attached to the complaint sent to the state housing inspection. Along with it, a photocopy of the legal entity’s response, if it was received, is also given to the officials.

Download document (zhaloba-na-tszh-v-zhilishhnuyu-inspektsiyu.doc, 34KB)

Rospotrebnadzor

One of the effective ways to deal with HOAs is a complaint to Rospotrebnadzor. The main function of this body is to protect consumer rights. Therefore, the complaint should not be lengthy. It must clearly indicate which articles of Law No. 2300-1 were violated by the management or individual members of the residents' association.

This regulatory organization must be contacted after a citizen has tried to resolve a dispute with the HOA itself. The completed complaint is accompanied by a copy of the complaint previously sent to the board, as well as its response to the received paper.

Having indicated in the application which norms of the law on consumer rights are violated by the “comrades”, the submitter asks to check whether the HOA complies with the current legal acts and whether the actions of this legal entity contradict them. If the applicant's information about violations is confirmed, this will be the basis for going to court.

Download the document (zhaloba-v-rospotrebnadzor-na-zhkh.doc, 81KB)

Prosecutor's office

If appeals to the HOA and the above-mentioned regulatory organizations do not help resolve the conflict, the citizen has the opportunity to write a statement to the prosecutor's office. The supervisory authority is called upon to monitor compliance with Russian laws at various levels, including by legal entities operating on the territory of the state.

A complaint against an HOA to the prosecutor's office is also written in any form. Prosecutors are given a month to consider it. During this period, they conduct an inspection, after which they respond to the applicant about its results. A complaint can be filed by one person or by several residents of an apartment building.

Sometimes, when complaining to the prosecutor's office about the HOA, citizens become impatient and, without waiting for a response to the first application, submit a second one. You should not do this, as a repeated complaint in this case will be rejected. If a citizen does not receive any response from the prosecutor within 30 days from the date of registration of the application, he has the right to “signal” the delay to a higher prosecutor.

The maximum period for considering a complaint about the work of a tenants' association is one month. It is given when employees of the supervisory agency require additional measures to establish the validity of the facts stated in the complaint. If they are not necessary, a response to the complaint must be sent within fifteen days.

Download document (zhaloba-na-tszh-v-prokuraturu-1.doc, 29KB)

The prosecutor's office, like other regulatory agencies, is a body where one can complain about the inaction of the chairman of the HOA if he does not do what is prescribed to him by law. For example:

• does not hold general meetings within the period established by law;
• does not comply with the decisions of the HOA board;
• does not maintain accounting records, etc.

When filing a complaint with the prosecutor's office, you do not have to indicate which norms of Russian legislation were violated by the actions or inactions of HOA members. The prosecutor is capable of figuring this out himself. It is more important to clearly and logically state the facts that led to the application. It must contain the personal data of all paper applicants - without this, the complaint will not be considered.

If the residents of an apartment building have the desire and persistence, they can find a council in the HOA. This is not at all an uncontrolled formation that has the ability to do any arbitrariness. The more authorities are involved in resolving the conflict that has arisen, the sooner the best way out will be found to resolve it.

Source: https://FreeLawyer.guru/zhile/zhaloba-na-tszh.html

Document submission options

There are 3 ways to file a complaint:

• text on paper, typed on a computer or written by hand, is sent as registered mail with return receipt requested;
• an electronic form of appeal addressed to the website of the Prosecutor's Office of your region;
• You can independently take the complaint to the Prosecutor's Office, make 2 copies of the application, give one to the prosecutor, and keep the second.

The complaint is filed at the actual place of residence.

How to make an application to the homeowners' association

Advice from lawyers:

1. How to correctly draw up an application to the HOA stating that the loggia is leaking from the street side!

1.1. Good afternoon, Marina! In any form. But send a copy to the State Housing Inspectorate of the city of Moscow at the address: prosp. Mira, 19, building 1, Moscow.

Did the answer help you?YesNo

1.2. Hello, Marina! It is necessary to refer to the fact that in accordance with paragraphs. “c” clause 2 of the Decree of the Government of the Russian Federation of August 13, 2006 N 491, balcony slabs belong to common property, and accordingly the responsibility for their maintenance lies with the HOA. In accordance with clause 10. Common property must be maintained in accordance with the requirements of the legislation of the Russian Federation in a condition that ensures safety for the life and health of citizens, the safety of the property of individuals or legal entities, state, municipal and other property. Taking into account these standards, ask them to carry out work to eliminate the leak.

Did the answer help you?YesNo

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2. How to draw up an application to the prosecutor’s office for the forced liquidation of the HOA.

2.1. The complaint can be drawn up either in printed text on a computer or by hand. The main thing is that all letters are legible. 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. 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. I will be glad to help you.

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3. Help me draw up correct applications for the repair of balcony slabs in the HOA!

3.1. Natalya, the application is written in any form, I ask you to repair the balcony slab, etc.

Did the answer help you?YesNo

4. How much does it cost to file an application to the prosecutor’s office against the HOA board, citing documents.

4.1. Hello! Firstly, all lawyers have different prices. Secondly, you need to contact the lawyer of your choice personally with this question. Good luck to you and all the best!

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4.2. In order to find out, you need to contact your chosen lawyer in private messages.

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4.3. Talib, check this question with one or another lawyer, including one of those who answered you.

Did the answer help you?YesNo

5. How to draw up an application to the court against the chairman of the HOA for the loss of personal data using a notarized power of attorney.

5.1. Such a statement is drawn up according to the rules of Art. 131-132 Code of Civil Procedure of the Russian Federation.

Did the answer help you?YesNo

6. Please help me draw up an application for cancellation of the agreement of the HOA “Vsk Life Line”. I want to take all the money, but they only return the purchase price.

6.1. For help, you can contact any lawyer in private messages. Attach a scan of the contract. The service is paid.

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7. How to correctly draw up an application from the homeowner to the HOA to move the electric meter from the apartment to the common corridor?

7.1. It is written in free form, but it is not a fact that it will be satisfied because the transfer of meters is not only your desire, but also a technical possibility.

Did the answer help you?YesNo

7.2. You can submit such an application in free form. However, the transfer of an individual electrical energy meter refers to the reconstruction of a residential premises, which is possible in agreement with the local government. At the same time, taking into account that the floor panel where the electricity meters will be located should be part of the common property of the apartment building, the right of common shared ownership of which should belong to the owners of the apartment building, then reconstruction is possible only with the consent of the owners.

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8. The neighbors flooded in November last year, they said that they would compensate for the damage in the summer. The report has been drawn up, there is also an estimate for restoration, the HOA is aware of it. It is necessary to competently draw up a statement of claim. Is it possible to do without an independent examination?

8.1. Good day! You can't. The algorithm of your actions should be as follows: 1. Draw up an act on the bay with the participation of the management company/homeowners association; 2. Invite an independent appraiser to determine the amount of material damage; 3. File a claim in court in accordance with Article 131 of the Code of Civil Procedure of the Russian Federation. 4. Recover material damage, as well as moral damage, from the tortfeasor in accordance with Article 1064 of the Civil Code of the Russian Federation. 1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm. By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm. The law or contract may establish the obligation of the harm-doer to pay compensation to the victims in excess of compensation for harm. The law may establish the obligation of a person who is not the causer of harm to pay compensation to victims in excess of compensation for harm.

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8.2. Yes, you can write a claim without this examination, if the court considers it necessary, then you will carry it out. Good luck in resolving your issues. Sincerely, lawyer Kulakovsky Yu.V.

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8.3. The statement of claim must be drawn up in accordance with the requirements of Article 131 of the Civil Procedure Code. You can do without an examination when filing a claim in court.

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9. Can a member of the board, together with the members of the HOA, check the register of his HOA and the application for membership in the HOA and draw up an act on this? Is the register a public document? Is the chairman or secretary of the HOA required to provide a copy of the register upon request of a HOA member?

9.1. Good afternoon The register is an internal document and HOA members cannot see it, but if one of them is a member of the board, he should have unhindered access to it. Sincerely,

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9.2. Good afternoon, Olga! The register of HOA owners is classified as information with limited access. A member of the board, together with other members of the HOA, is not entitled to verify the correctness of the maintenance and compilation of the register. For this purpose, there is another body, for example, the audit commission. Neither the chairman nor the secretary is required to provide information that contains personal data of HOA members. Every problem has a solution, the main thing is to be able to find it. Thank you for using the site's services!

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10. I wrote a statement to the HOA about mold in the apartment in 2 copies, they took one, they didn’t put any marks on the second, they came on the trail. The day they said that they would draw up an act and give an answer, a week has passed, but I still have not received an answer, within how long should the HOA draw up an act and inform me about the decision made?

10.1. Good afternoon They must respond to your application within a month; in any case, the problem must be eliminated; if they delay, you need to submit an application to the prosecutor’s office to check the legality of the actions of your management company (HOA).

Did the answer help you?YesNo

10.2. Daria, you should play it safe and send the same statement (in which you must demand to establish the cause, record the extent of the damage, draw up and issue a report to you, and also eliminate the causes that led to the occurrence of fungus (mold) in the apartment) to the legal address of the HOA by registered mail with notification about delivery to their legal entity. address. As a general rule, the report is drawn up on the day of the inspection, and you, as the owner, must sign it.

Did the answer help you?YesNo

11. The balcony on the 3rd floor was flooded and frostbitten due to the fault of the owner from the 5th floor. An act was drawn up, a statement was written in 3 copies, photos were attached. 1 to the HOA 2 to the consumer rights protection society 3 at home, registered in the HOA. On the representatives' order, the defendant refused to sign. The balcony canopy was installed independently, that is, it is a violation and is not subject to negotiations. What are the next steps? Thank you.

11.1. The balcony canopy was installed independently, that is, it is a violation and is not subject to negotiations. What are the next steps? Thank you. Make calculations and file a claim for damages in court.

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12. I have the following question: where do the children go on my card? allowance and ADC (targeted state assistance) The HOA seized the debt in court (of which I was not notified) for a debt. services, at a time when they did not have the right to do this, at the moment I am not working and apart from benefits on the card I do not receive anything, please tell me how to correctly draw up a statement of claim to the court.

12.1. The arrest was not imposed by the HOA, but by the bailiffs - on the basis of a court decision. Therefore, you need to contact the bailiff, who is in charge of the enforcement proceedings, and provide a certificate stating that child benefits are being received.

Did the answer help you?YesNo

12.2. The court could have imposed an arrest as part of the security measures for the HOA’s claim, so that Matushanskaya’s response to I.V. incorrect. Write an application to the court to lift the arrest.

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13. There are doubts that the HOA to which the MK in which I live belongs does not correctly calculate the cap. repair. If I understand correctly, there should be a separate amount of capital debt. repairs and a separate penalty? Help me correctly and competently draw up an application to the HOA.

13.1. Hello! The procedure for calculating payment for major repairs and paying penalties is specified in the Housing Code. You can write the application in free form, and let the HOA prove to you the legality of its calculation with references to the legislation.

Did the answer help you?YesNo

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14. Damage and subsequent theft of the property of the HOA occurred. They cut off the metal connections of the fire hoses, which are located in the fire hydrants in the mkd. And they stole them. Now it is impossible to use the fire extinguishing system, it is necessary to buy new fire hoses for 12 floors... the damage amounted to about 11,000 rubles. Under what articles will the case be considered? Damage + theft of property was committed. We are writing a statement... Thank you!

14.1. Hello, Anastasia! Indicate in the statement both the fact of theft of property and the rendering of the fire extinguishing system unusable. This must also be clearly stated in the explanations and in the testimony, indicating the amount of damage from theft and from rendering fire-fighting equipment unusable. The investigation (or inquiry) itself will decide whether to classify the actions only as theft or additionally classify them as damage to someone else’s property. In any case, you have the right to file a civil claim within the framework of a criminal case, in which you can demand full compensation for damages from the perpetrators.

Did the answer help you?YesNo

15. How to correctly draw up a statement of claim for reimbursement of additional expenses from the debtor to the HOA.

15.1. See how to write a lawsuit in Art. 131 of the Code of Civil Procedure, if you are interested in writing a claim on the merits and the judicial perspective, contact a lawyer in person, you need to know the nuances.

Did the answer help you?YesNo

15.2. Good afternoon When drawing up a statement of claim to the court, you should be guided by the provisions of Art. 131-132 of the Civil Procedure Code of the Russian Federation.

Did the answer help you?YesNo

15.3. Oksana, if you cannot draw up a claim yourself, contact a lawyer. It is possible to enter into an agreement on a long-term basis. The services of a lawyer in court are collected from the debtor.

Did the answer help you?YesNo

16. Help me draw up a statement to the prosecutor’s office. The fact is that I pay for the apartment, cold water and electricity to my HOA, but in the last 3 months I began to receive receipts for payment for electricity from the energy sales office. Although I did not enter into an agreement with the energy sales company. The homeowners association says that the energy supply company did not terminate the contract with them. I have the corresponding copies of documents from the HOA.

16.1. Write a complaint in a simple free form describing the situation. Attach copies of receipts for recent months that you disagree with.

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17. Once again, the question is, the order for the apartment has been lost and there is no other document, only the registration in the passport is for me and all family members, before they always gave a certificate of family composition and an extract from the house register, now the child receives a passport and we are denied certificates from the HOA , today I wrote an application so that they would give me certificates, I don’t know whether I wrote it correctly or not, how many days should they give me an answer?

17.1. Required to issue a certificate.

Did the answer help you?YesNo

18. I am not given a certificate of family composition in the HOA, because... rent arrears and the order for the apartment has been lost, what should I do? How to correctly complete an application for a certificate?

18.1. They are obligated to extradite him, threaten him with going to the prosecutor's office.

Did the answer help you?YesNo

19. HOA house. The balcony structure is being destroyed (4th floor). From the start of the house's commissioning to this day, the balcony structure has not been weighted (not glazed). The chairman of the house refuses to carry out repair work, explaining that this is being done at his own expense. Where should I go and how to properly fill out an application to have a slab made for me.

19.1. Hello. Schedule an examination.

Did the answer help you?YesNo

19.2. You need to do an examination to go to court.

Did the answer help you?YesNo

20. How to write the owner’s consent, or an act, or a statement that the owner, having violated safety rules by installing a plastic balcony, removed the load-bearing enclosing structures, and so that the responsibility for their safety does not fall on the HOA and developers, we want to draw up an agreement that they They themselves will now bear this responsibility for themselves, help or send a sample, thank you in advance.

20.1. Write in any form, there are no set patterns.

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How to file a collective complaint

You can complain about the HOA administration individually (individually) or collectively. Indication in the document of information with the personal data of applicants is a mandatory requirement. Any inaccuracies or unreliable facts will lead to rejection of the consideration.

Note! Statistics of appeals to the Prosecutor's Office confirm that a collective complaint has a greater chance of a positive decision by the Prosecutor's Office.

The large number of collected signatures of owners also affects the quick and effective response of the authorities. Owners whose rights are being oppressed must have a common goal and common opinion in solving the problem.

When drawing up a collective complaint, the following requirements are imposed on the document:

• on the top of the sheet in the right corner, information about the company, surname, initials of the manager and information about the house address with postal code are placed;
• in addition to the application, indicate and list in the form of a list the apartment numbers of all people who signed the application. Do not forget to provide reliable evidence that the applicant definitely lives in a certain apartment, has housing in the house and does not intend to change his place of residence in the near future;
• in the central part of the sheet you must write the word “Complaint” (the name in business style is written with a capital letter). Then, in a paragraph, briefly outline the essence of the problem, list the violations committed by the HOA, describe what methods were used to resolve the dispute. The document mentions that they first contacted the management of the partnership, but there was no reaction from it. In the application, put forward the requirements that must be fulfilled by the HOA;
• After contacting the supervisory authorities, verification and study of the information specified in the document will begin. Each citizen who signs the complaint indicates full contact information opposite the signature;
• The final stage of completing the application is affixing the date and signatures of all applicants at the end.

Applications to the HOA board

Application forms:

1. Application for joining the HOA
2. Statement

Regulations for handling applications to the HOA board

1. The application is written to the board of the Homeowners Association “House No. 70” in two copies.
2. The application is submitted personally to the chairman of the board or members of the board (contact by telephone, website or e-mail).
3. The application is recorded in the application log, it is assigned a number, and the date of receipt is recorded.
4. One copy remains with the board, the second (with the signature of the chairman) remains with the applicant.
5. The application must be considered at the next board meeting. The applicant must be notified of the date and time of the board meeting and may be personally present when their issue is discussed.
6. Information about applications is published on the HOA website.

Adopted by minutes of the board meeting No. 4/2016 dated 04/12/16

Summary statistics on applications

Statements

Application form with sample text

* - small volume, the work was organized by the owner, paid from the estimate item “2.8 Maintenance and repair of common property”

Deadlines for consideration of applications

The time for studying a complaint by the Prosecutor's Office or other government bodies is 30 days (excluding weekends and holidays). After careful consideration of the appeal, the authority sends a written response to the applicant.

There are cases when the application is sent to the wrong address. Then the supervisory authority, within 7 days, forwards the complaint to the authorized structure that deals with such issues. That organization is also considering the appeal for a month.

In isolated situations where a thorough check of the document is necessary, the study period increases by 2 times. The citizen will receive a notification about the change in the duration of the review.

Grounds for contacting the Prosecutor's Office

A special structure, whose activities are based on the legislative framework and management of apartment buildings, is called a Home Owners Association (HOA). The head of the organization is the apartment owners. Their main goal is to provide comfortable living conditions in a particular home.

The Civil Code of the Russian Federation states that the HOA is a non-profit organization and its work does not involve making a profit. It happens differently in life. Residents forget about the functions of the partnership and demand the impossible from management.

The actions of the HOA must not violate the law. A negative example of the work of an HOA is the lack of response to people’s statements, theft of funds, and failure to fulfill the main tasks of the partnership.

Important! According to judicial statistics, tenants’ claims and appeals to the Prosecutor’s Office are associated with the following problems:

• negligent attitude towards work. The HOA administration performs its functions in bad faith when selecting and ordering materials for building repairs or when hiring personnel. Does not respond to constructive wishes or complaints from apartment owners;
• irresponsibility. The management of the association does not cope well with its responsibilities, there is no contact with residents;
• wastefulness and carelessness. The HOA does not know how to manage money, makes purchases at inflated prices, steals and squanders large sums of money;
• unreasonable increase in payments. An uncharacteristic increase in fees, which does not affect the rise in prices of utility services or the salaries of the partnership’s employees;
• systematic shutdown of hot or cold water without explanation, non-compliance with heating connection times;
• avoidance of fulfilling assigned duties to carry out repairs in entrances and eliminate breakdowns.

The named problems are subject to more detailed interpretation. If apartment owners notice violations on the part of the HOA management, they file a complaint with the supervisory authorities. The prosecutor's office is responsible for control over all organizations: both public and state. Its jurisdiction includes HOAs (non-profit structures).

Watch the video. How to write a complaint correctly:

Application to the chairman of the HOA and TSN on joining and leaving the board: sample documents

Membership in a homeowners' association (hereinafter referred to as HOA) and its governing bodies is recorded in the organization's accounting books and determines the legal status of the owner of real estate in an apartment building. To join and leave the HOA, you must submit an application addressed to the chairman of the partnership.

• In what cases is a statement written?
• and application samples

In what cases is a statement written?

When an HOA is formed, the owners who took part in the founding meeting automatically become members of the partnership, and the owners of other premises in the house can receive utilities under an agreement with the HOA or join the organization by writing an application to the chairman.

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This is necessary for the following purposes:

• to exercise their rights of election to the governing bodies of the HOA;
• to charge utility bills not according to the terms of the agreement with the HOA, but according to tariffs approved by the general meeting;
• to be able to use additional services organized for HOA members.

Only its members can be elected to the governing bodies of the partnership. The tariffs determined by the meeting are usually lower than the tariffs specified in public agreements for non-members of the HOA, since the partnership can pay part of the utility costs by renting out non-residential premises, and the supply of services to non-members of the HOA often occurs through the intermediary of commercial management companies.

To leave the HOA, it is also necessary to submit an application, from the moment of signing which the owner will fulfill his responsibilities for maintaining his part of the common premises on the basis of an individual or public agreement with the HOA.

An application to join a property owners' partnership (hereinafter referred to as TSN) is written in cases where the owners of several private houses in a holiday village or SNT plan to organize joint protection and management of common areas. In this case, a housing association is a special case of a TSN created in urban apartment buildings (Part 4, Clause 3, Article 50 of the Civil Code of the Russian Federation).

A letter of resignation from the board of directors is written in the following cases:

• when an elected board member wishes to terminate his or her powers;
• in the presence of a corresponding order from the housing inspection;
• upon liquidation of the HOA.

If a board member loses ownership of a house belonging to a particular HOA, he is removed from the board automatically, based on exclusion from the register of owners.

When liquidating an HOA, the general meeting appoints a special liquidation commission, and if members of the board of the liquidated organization are appointed there, they must first write a letter of resignation from it.

A statement to the chairman of the HOA is written not only when entering and leaving the structure, but also if it is necessary to inform the management of the housing association about accidents, cases of unlawful behavior of employees or poor quality of services.

The legislative framework

When sending a complaint to the Prosecutor's Office, you can refer to the following regulations:

• Federal Law “On the Prosecutor's Office of the Russian Federation” No. 2202-1-F dated January 17, 1992 (updated, last revised July 29, 2017);
• Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ 02.05.2006;
• Civil Code of the Russian Federation No. 14-FZ 01/26/1996 (updated, last edition 03/28/2017);
• Instruction on the procedure for considering applications and receiving citizens in the bodies of the Prosecutor's Office of the Russian Federation No. 45 dated January 30, 2013;
• Criminal Code of the Russian Federation No. 63-FZ dated 06/13/1996 (updated, last edition 07/18/2017);
• The Constitution of the Russian Federation (adopted on December 12, 1993) as amended by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation dated December 30, 2008 No. 6-FKZ, dated December 30, 2008 No. 7-FKZ, dated February 5, 2014 No. 2-FKZ, dated 21.07 .2014 No. 11-FKZ.

This legislative framework regulates the activities of supervisory authorities and guarantees respect for the rights of Russian citizens.

Protocol for creating a homeowners association (download sample)

Minutes of the general meeting of premises owners in

apartment building

Protocol No. 1

General meeting of owners of premises in apartment buildings at Semenovskaya street, house No. 14 and house No. 15, Neftemuisk

dated June 23, 2014 The registered initiator of the general meeting is N.A. Buzova, A.N. Sokolovskaya, who are the owners of apartments No. 14 and No. 15 of building No. 14.

Participated: 41 owners of residential premises, which amounts to (1537.3 sq.m. of living space, since they decided 1 sq.m. is equal to one vote,

This means that there are a total of 1537.3 votes, which is 100% of the votes of the total number of owners.

Present: 34 owners of premises (1211 votes, 74.5% of votes from the total number of owners), including in houses:

st. Semenovskaya, house 14.15 - owners (1211 votes, 74.5% of votes from the total number of votes of premises owners);

Agenda:

1. Election of the chairman and secretary of the general meeting.

2. Determination of the procedure for counting votes held by each owner or his representative at the general meeting.

3. On the creation of a homeowners’ association.

4. Approval of the Charter of the homeowners association.

5. Election of the Management Board of the Semenovskoe homeowners association.

6. Selection of the audit commission (auditor).

7. Election of the Chairman of the Semenovskoe homeowners association.

1. Election of the chairman and secretary of the general meeting. Listened to: Ekaterina Zakharovna Butko, who proposed the following candidates for the owners of the premises for consideration of their candidacies as chairman of the meeting: Anna Sergeevna Solomonova;

Secretary of the meeting: Reichart Natalya Genrikhovna. Voting was carried out for each candidate separately. for the post of chairman of the meeting:

for the post of secretary of the meeting:

The voting results have been summed up. It was decided: To elect Anna Sergeevna Solomonova as chairman of the meeting; Elect Natalya Genrikhovna Reichart as secretary of the meeting.

2. Determining the procedure for counting votes held by each owner or his representative at the general meeting.

Listened to: Butko Ekaterina Zakharovna on the issue of determining the procedure for counting votes at the general meeting.

Decided: To determine the procedure for counting votes at the general meeting on the basis that 1 square meter of the total area of ​​the premises is equal to 1 vote.

Voting results:

3. On the creation of a homeowners’ association . Listened to: Anna Sergeevna Solomonova on the issue of creating a homeowners' association.

We decided: To create a homeowners’ association “Semenovskoe” for joint management of a complex of real estate in apartment buildings at the following addresses: st. Semenovskaya, house 14, building 15.

Voting results:

4. Approval of the Charter of the homeowners association. Listened to: Natalya Genrikhovna Reichart, on the issue of adopting the draft Charter of the Semenovskoye HOA.

We made a decision: to approve the Charter of the Semenovskoe homeowners association.

Voting results.

5. Election of the Board of Homeowners Association “ Semyonovskoye ”. Listened to: Anna Sergeevna Solomonova, on the issue of electing the Board of Homeowners Association “Semyonovskoye” in the amount of two people, one representative from each house: . . .

Information about the candidate for election to the Board of the Semenovskoe -

— Anna Sergeevna Solomonova, born in 1959, citizenship – Russian Federation, education – higher, place of work; pensioner;

— Natalya Genrikhovna Reichart, born in 1969, citizenship – Russian Federation, education – higher, place of work – head of the Russian Post department.

Voting results:

They decided: To elect the board of the homeowners association in the number of two people (one representative from each house) consisting of: Anna Sergeevna Solomonova, Natalya Genrikhovna Reichart.

6. Selection of the audit commission (auditor). Listened to: Anna Nikolaevna Sokolovskaya about the procedure for electing an auditor - in accordance with Art. 150 of the Housing Code of the Russian Federation, the auditor of a homeowners’ association is elected by the general meeting of members of the association for no more than two years. The HOA audit commission cannot include members of the association's board. The auditor of the board of a homeowners' association conducts an audit of the financial activities of the association at least once a year. Presents to the general meeting of members of the partnership a conclusion on the estimated income and expenses for the corresponding year of the partnership and a report on financial activities and the amount of mandatory payments and contributions. Report to the general meeting of members of the partnership on their activities. She proposed the candidacy of auditor to Diana Valerievna Snaidina.

Information about the candidate for election to the audit committee of the homeowners' association.

Diana Valerievna Snaidina, born in 1969, citizenship - Russian Federation, higher education, place of work: Semenovsky MFC. Neftemuisk, operator.

We made a decision: to elect an audit commission consisting of one person. Elect the auditor of the homeowners' association - Diana Valerievna Snaidina.

Voting results:

7. Election of the Chairman of the Semenovskoye to : Anna Nikolaevna Sokolovskaya, on the issue of proposing a candidate for the election of the chairman of the HOA: Anna Sergeevna Solomonova.

We made a decision: to elect Anna Sergeevna Solomonova as the Chairman of the Semenovskoye homeowners association.

Voting results:

Chairman of the meeting: Solomonova A.S.

Secretary of the meeting: Reichart N.G.

In what cases can consideration be refused?

The period for consideration of a submitted application to the Prosecutor's Office is 14-30 days. After examining the complaint, the applicant is sent a response: to satisfy the complaint or to explain the decision made by the prosecutor. The notice is sent in printed form to the address indicated in the header of the application. It may also be forwarded to other authorities, which the applicant will be informed about.

The complaint is rejected if the following errors are made:

• meaningless, unstructured text;
• presence of obscene expressions in the document;
• non-compliance with business style of presentation;
• the applicant provided little information about himself (it is necessary to indicate his full last name, first name, patronymic, residential address, contact information);
• illegible writing of the appeal (submit a document typed on a computer in printed form);
• re-submission of the application, while the first complaint is still being considered, the deadline for studying which has not yet expired;
• anonymous appeal.

Also, the document is rejected if an identical application has already been sent to the Prosecutor's Office, and it has made a certain decision.

Do not write an anonymous appeal; the Prosecutor’s Office will not accept it in this form!

Please consult with a qualified attorney before filing. He will point out errors made during registration and help you select the correct references to current laws. The notary's recommendations will speed up the process of consideration of the application by supervisory authorities.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

There is no need to duplicate and submit an application for the same entity. These copies are not subject to consideration; at best, the applicant will receive answers in the form of standard replies. You must wait patiently for official notification. The document is submitted to the Prosecutor's Office once.

If the submitted appeal is rejected, you should not write again to the Prosecutor's Office. Such actions will not affect the situation. Send your application to higher authorities.

Meeting the requirements of homeowners

Complaints from apartment owners against the association are considered in favor of the applicants. The requirements put forward are fully or partially satisfied, the identified shortcomings are eliminated. The chairman of the HOA is deprived of his position or receives a fine if evidence of his guilt is provided.

A correctly drafted appeal does not guarantee satisfaction of claims. The housing inspectorate is not obliged to eliminate the identified violations; it only points out the shortcomings to the partnership.

If, upon receiving a positive response to a written complaint, you notice inaction on the part of the HOA, send a repeat document. In it, emphasize that the partnership is not engaged in implementing a solution to the problem. The investigation into this issue needs to be reopened.