Everything you need to know about organizing an HOA

Draw up documents in preparation for the members' meeting

As we told earlier, the initiators of the general meeting of members of a partnership or cooperative, at the stage of preparation for the PSC, prepare a notice of the upcoming meeting and a voting ballot.

This stage is not limited in time, so there is no need to rush when drawing up these documents. It is important that they contain all the necessary details and information about the planned PSD of the partnership/cooperative. You just need to remember that the completed notification is sent to the members of the partnership no later than 10 days before the date of the general meeting (Part 1 of Article 146 of the Housing Code of the Russian Federation).

After the meeting, the counting commission must count the votes according to the completed ballots and draw up minutes of the meeting and appendices to it. The general requirements for these documents are enshrined in the order of the Ministry of Construction of the Russian Federation dated January 28, 2019 No. 44/pr.

Let's consider the features of drawing up each of the mentioned documents - notice, voting ballot, protocol - using the example of preparation for a general meeting of members of a home/real estate owner's association. Housing cooperatives, as a rule, prepare documents for the meeting in a similar way to HOAs.

How to prepare and successfully conduct a general meeting of members of an HOA or residential complex
6145

9

Registry form

The form of maintaining the register may differ slightly depending on the region of the Russian Federation. The beginning of the sheet should contain the following information:

• the exact date when the partnership was registered;
• full address of the organization;
• details of the registration document and information about the body in which it was carried out;
• size of the total area of ​​the apartment building;
• the total size of the area owned by private individuals - members of the partnership;
• information about the head of the homeowners association.

The following information should be included below:

• complete information about each homeowner;
• name and details of the documents on the basis of which the data is entered;
• apartment address;
• the size of the area owned by the person;
• a person’s share in the property of an apartment building;
• telephone numbers for contacting a member of the HOA.

Correctly formulate agenda items

A notice of a general meeting of owners must contain the following information:

1. The name of the HOA whose members are invited to the general meeting of members, and information about the initiator of the meeting.
2. The form in which the PSC will be conducted: full-time, part-time, part-time, part-time.
3. Date, time and place of the meeting in person.
4. A list of documents that meeting participants must have with them to confirm their right to vote at the PSC.
5. Ways to contact meeting initiators if participants want to review meeting materials or ask additional questions about PSD.

If the meeting is held in absentia or in person, then the period for holding the absentee part of the meeting, the deadline for submitting ballots, and the place where they must be submitted are additionally indicated.

The notice of the partnership's PSC must include an agenda. It should contain questions about the selection of the chairman and secretary of the PSD. These persons can also be entrusted with the functions of the counting commission for counting votes and summing up the results of the meeting. It is better that these are three different questions in order to avoid a situation where HOA members vote against one candidate:

1. Elect Ivan Ivanovich Ivanov as chairman of the general meeting of members of the HOA “Name”.

2. Elect Petrov Petrov as secretary of the general meeting of members of the HOA “Name”.

3. The responsibility for counting votes is assigned to the chairman and secretary of the general meeting of members of the “Name” HOA.

Next, the agenda lists in order the issues put up for voting in accordance with the competence of the PSC of the owners' partnership. They must be formulated in such a way that they can be answered unambiguously by “for”, “against” or “abstain”. It is best to start a question with a verb: “Approve/Elect/Direct”, etc.

It is imperative to include on the agenda the issue of the storage location of the PSC documents and the method of communicating the meeting’s decisions to all members of the HOA/LCD, if this has not been previously determined.

On the peculiarities of holding general meetings of members of HOAs and residential complexes
19855

9

Additional Information

As a result of registration, a homeowners’ association acquires a number of functions:

• maintenance of balance sheet property;
• carrying out major and current repairs;
• supply of electricity, heat, gas;
• improvement of the surrounding area.

Responsibilities of the HOA:

• conclusion of contracts;
• maintaining accounting and other documentation;
• working with contractors;
• drawing up estimates;
• collection of contributions.

Enter three pieces of information into the voting ballot

The ballot paper is easy to draw up once the PSD notice has been developed and approved. These documents largely duplicate each other.

The bulletin can be divided into three blocks:

1. About the upcoming general meeting of members: form, date, time and place, contacts of the initiators, information about the HOA.

This block is filled out by the initiators in accordance with the information specified in the notification of the PSD.

1. About the owner and the premises in his possession in an apartment building.

The last name, first name and patronymic of the owner, apartment/room number, total area, and the owner’s share in the apartment are indicated. Information about the document certifying ownership is also entered: name, series and number, date of issue.

1. Issues included in the agenda and stated in the notice of the meeting, with the answer options “for”, “against”, “abstained”.

Each page of the ballot must have a field for the voter's signature and transcript. The pages of the newsletter are numbered to prevent loss or confusion.

What it is?

The HOA register is a document that must be prepared by any registered residents' association. The method of conducting it is regulated by Article 143 of the Housing Code of the Russian Federation. The register must contain the following information:

• Full name of all apartment owners (for individuals);
• registration numbers (for legal entities);
• registration addresses of society members;
• telephone numbers or email addresses where you can contact the owners;
• the size of the individual share of each member of the HOA from the common home property.

The management of the partnership is required to maintain a register. Entering information about owners who are members of the community is possible only if they provide valid documents. Instead of originals, copies certified in accordance with current legislation may be used. Due to the fact that information about members of the organization may change, the accuracy of the information entered must be verified annually. If there are changes, the registry should be redone. It is certified by the seal of the community and the signature of the leader.

Reference! Today, there are special programs with which you can maintain a register.

Draw up a protocol in accordance with the requirements of Order No. 937/pr

The form of the minutes of the general meeting of members of the HOA/housing complex is drawn up in accordance with the requirements for the minutes of the general meeting of owners of premises in an apartment building, which are enshrined in the order of the Ministry of Construction of the Russian Federation dated January 28, 2019 No. 44/pr.

According to Order No. 44/pr, the mandatory details of the protocol include:

• its name, date and registration number,
• date and place of the PSC,
• header and body of the protocol,
• storage location for protocols,
• list of applications,
• signatures with transcript.

The information specified in the protocol must correspond to the data that the initiators indicated in the message about the general meeting of HOA members.

The heading of the main part of the protocol should include the form of the meeting, the type of meeting (regular or extraordinary) and the address of the apartment building managed by the HOA/LCD.

How to change the composition of common property in a house managed by a housing cooperative
7385

1

Features of HOA registration

Along with other forms of management of apartment buildings, a homeowners’ association has many advantages, because the actual management of the building is carried out by the residents themselves, and not by a third-party organization. The possibility of non-compliance with the interests of the owners of the premises is minimized; the members of the partnership themselves choose where to send the accumulated funds and with which contractor to enter into an agreement. However, creating a homeowners association is not as easy as it seems.

In order to register such a partnership, it is necessary to first hold a general meeting of owners of residential and non-residential premises in an apartment building.

In accordance with Article 146 of the Housing Code of the Russian Federation, several houses can be united into a homeowners’ association if the following conditions are met:

- premises in such residential buildings must belong to at least two owners;

- apartment buildings must be located on a common plot of land or land plots must border each other;

— apartment buildings must have common infrastructure systems, engineering and technical communications.

The decision to merge two or more apartment buildings into one homeowners' association is made voluntarily. Each home also has the right to register its own homeowners association.

Also, several buildings or structures - residential buildings, which are located next to each other and are intended only for a single family, have the right to merge into one partnership, if their land plots are combined or located nearby, and the utility system and other infrastructure elements are common.

Owners of premises in one apartment building can create only one homeowners' association. The decision to create a homeowners' association is made by the owners at their general meeting. Such a decision is considered adopted if the owners of the premises voting for it have more than fifty percent of the votes of the total number of votes of the owners of the premises in the house.

In order for the decision to have legal force, it is necessary to hold a meeting in accordance with all the requirements of the Housing Code of the Russian Federation. If the partnership registration process is not followed correctly, then all further steps of this organization will be illegitimate. Therefore, it is important to know some of the features of registering a homeowners’ association so that the decision to create it cannot be appealed in court.

Firstly

, at a meeting of homeowners it is necessary to make a decision on the creation of a homeowners association, as well as on the formation of a board and election of the chairman of the board of a homeowners association, and on the approval of its charter.

Secondly

, the minutes of the general meeting of owners of premises in an apartment building, at which decisions were made on the creation of a homeowners' association and on the approval of its charter, are signed by all owners of premises who voted for the adoption of such decisions.

Third

, after the residents’ decision to register the partnership is properly documented in the form of a protocol, documents must be submitted to the tax office.

In accordance with paragraph 3 of Article 136 of the Housing Code of the Russian Federation, state registration of a homeowners' association is carried out in accordance with the legislation on state registration of legal entities. In accordance with Article 12 of the Federal Law of 08.08.2001 No. 129-FZ “On state registration of legal entities and individual entrepreneurs”, upon state registration of a homeowners’ association, the following documents are submitted to the registration (tax) authority:

— application for state registration of a legal entity upon creation in form No. P11001;

— minutes of the general meeting of premises owners with the decision to create a HOA;

— the charter of the HOA, adopted at the general meeting of premises owners;

- document confirming payment of state duty.

The moment of state registration of a homeowners' association is recognized as the entry by the registering authority of the corresponding entry into the unified state register of legal entities.

Fourth

, in accordance with paragraph 4.11 of the Methodological Explanations on the procedure for filling out document forms used for state registration of a legal entity, approved by Order of the Federal Tax Service of Russia dated November 1, 2004 No. SAE-3-09 / [email protected] , when submitting an application for state registration of a homeowners’ association information about the founders reflects information about the members of the board. Thus, when creating a homeowners’ association, an application for state registration of a legal entity upon creation is submitted to the registration authority in form No. P11001, in which the information about the founders does not indicate all the owners of the apartment building, but only members of the board of the association.

The decision on state registration of a homeowners association is made within no more than five working days from the date of submission of documents to the registration authority, after which, if a positive decision is made, the tax authority issues the Charter of the homeowners association, a certificate of state registration (ORGN) and a certificate on tax registration (TIN).

Ekaterina Peregudova

Center for Legal Technologies "YURKOM"

Divide information on each agenda item into five parts

In the main part of the protocol, the initial data of the PSC is first indicated: information about the initiator of the meeting, the chairman and secretary, if the issue of their election was not included in the agenda of the meeting, about the members of the partnership who voted at the meeting.

Information about the total number of votes of HOA members, the presence of a quorum at the meeting and the number of votes of meeting participants is also indicated here. The minutes must include the agenda.

The following information should be provided for each item on the agenda:

1. Wording and number of the issue according to the agenda.

2. “Listen”: who spoke on the issue, and briefly what the initiator of the meeting or another speaker said.

3. “Proposed”: the essence of the issue/proposal put to vote is stated clearly and concisely.

4. “Voted”: the results of counting the votes of the HOA members for each type of answer “for”, “against”, “abstained”, indicating the percentage of the total number of votes of the partnership members who took part in the meeting.

5. “Resolved”: the voting result indicating the wording of the issue in accordance with the PSD agenda.

Multifunctional center - Neya

Where to go

Tax on outbuildings in Ney in 2020

On the map

Remember about the annexes to the protocol and the signatures of the responsible persons

In accordance with Order No. 44/pr, a mandatory list of attachments must be attached to the minutes of the general meeting of HOA members:

• register of partnership members;
• notification of the PSD;
• the register of delivery of notice to members of the HOA or the act of posting the notice in a public place, if this is provided for by the Charter or determined at a previously held PSC;
• a list of partnership members who attended the meeting;
• powers of attorney or other documents certifying the powers of representatives of HOA members who were absent at the meeting;
• documents on which, during the consideration of issues put to vote, decisions were made at the general meeting of members;
• decisions of the HOA members, if the meeting was held in the form of absentee or absentee voting;
• other documents or materials that were specified at the meeting as a mandatory appendix to the minutes.

The minutes are signed by the chairman and secretary of the general meeting of HOA members. If the counting commission was elected separately, then the members of this commission were also elected. The protocol bears the signature and its transcript of each of the persons mentioned, as well as the date of signing the document.

If the PSC participants have not approved the chairman of the meeting, then the minutes of the general meeting of HOA members are signed by the initiator of such a meeting in accordance with clause 23 of the appendix. 1 No. 44/pr.

Ministry of Construction of the Russian Federation on some features of holding general meetings
14374

1

Financial activities

To ensure its activities in managing common property, the HOA has a bank account, which accumulates payments from owners for the purpose of distributing them for the needs of the house:

• payment for utility supplies;
• payment for repairs of common premises (entrances, elevators, etc.);
• landscaping of the local area;
• elimination of emergency situations.

Every year, the board of the association draws up a cost estimate for the next year; this document must be approved by a meeting of the owner-members of the HOA. The financial plan is drawn up using the accounting policies of the organization.

An accounting policy is an accounting document of an HOA, which reflects the key strategic directions of the financial activities of the partnership , including the method of taxation, the method of accounting for tangible and intangible assets, the property of the partnership as a legal entity, as well as the accounting procedure. The accounting policy is formed and approved by members of the board and the chief accountant.

The housing association collects the following types of payments from residents:

• entrance fees;
• membership fee;
• targeted contributions.

Entry fees are paid at a time when creating an HOA and cover the costs of holding a general meeting and registering a legal entity; their amount is usually 500-2000 rubles.

Membership fees are paid monthly and are used for current needs - repair of entrances, payment of utilities, etc. Targeted contributions are paid for certain one-time needs by decision of the meeting of members of the partnership - for example, for the modernization of a playground or the installation of an intercom.

Insurance premiums are paid from the HOA funds to the social insurance fund for each full-time employee monthly in the amount of 2.9% of his salary.

The property of the HOA (funds in accounts, special equipment, premises, etc.) is a private form of ownership, but such property can be disposed of only on the basis of instructions from the meeting of participants.

Remember

In order for the general meeting of HOA/LCD members to take place and the decisions made at it not to be challenged, the initiators of the meeting should carefully approach the preparation of documentation: notification of the PSC, voting ballots, minutes.

The notice contains not only information about the date, place and time of the general meeting of members of the partnership or cooperative. The form of the meeting and the contacts of the initiators of the PSD must be indicated. Include a completed agenda in the meeting notice.

In the ballot, in addition to general information about the PSC according to the notification, there must be a block with information about the member of the HOA/housing complex who fills out the ballot, or about his legal representative, data on the premises or share that are owned by the member of the partnership or cooperative.

The protocol for each issue must have subsections: who made the report on the issue, what was proposed, how they voted, and what the participants in the general meeting of HOA/LCD members ultimately decided.

Stages of creation

The creation of an HOA in an apartment building takes place in three stages:

• Creation of an initiative group.
• Holding a meeting with the co-owners of the apartment building, as well as the surrounding area.
• Registration of the HOA as a legal entity.

Now about everything in more detail and in order.

Organization of an initiative group

An initiative group is needed in order to properly organize all stages of the creation of an HOA and its registration. Members of this group can be elected at a general meeting of residents of the building, but this is not mandatory.

Often, members of the initiative group become members of the HOA board, so it is desirable that they have an accounting or legal education, experience in housing and communal services, or management experience.

Holding a meeting

The meeting should be held with the co-owners of the apartment building, as well as those who own the local area. Members of the initiative group must notify the residents of the apartment building who are co-owners no later than 10 days before the scheduled date of the meeting.

You can do this in two ways:

• Give each person a notification personally.
• Post information on a notice board in or near the entrance.

The first is better, since in this case the resident of the house will definitely know about the meeting and citing the fact that he did not see the announcement will not work.

If there are several owners in the apartment, you can give a notification to each of them. Minor co-owners are not considered as they do not have voting rights.

The notice must indicate:

• date, place and time of the meeting;
• issues to be considered at the meeting;
• what documents you need to have with you.

If the notification is delivered in person, it is better to do it against signature - you can take one statement and after issuing the notification, the owner must sign on it.

Procedure for holding the meeting

Holding a meeting is one of the most important stages in the establishment of an HOA - the legitimacy of the created partnership of co-owners will depend on its regulations.

The owner must have a personal passport and a certificate of ownership of the property. Instead, there may be an extract from the Unified State Register of Real Estate, a certificate of inheritance rights, a purchase and sale agreement, if the registration of the apartment is at some stage.

The procedure for holding a meeting to create an HOA is regulated by Article 146 of the RF Housing Code:

• owners who come receive voting ballots;
• voting takes place;
• The votes are counted and a decision is made.

Dear readers! We cover standard methods for solving legal problems, but your case may be unique. We will help you find a solution to your problem for free

— simply call our legal consultant at:

+7 (499) 391-70-75 (Moscow)

+7 (812) 305-27-75 (Saint Petersburg)

8 (800) 550-97-45 (free call within Russia)

It's fast and free ! You can also quickly get an answer through the consultant form on the website.

The decision to create a HOA will be positive only if more than 50% of the total number of owners in the building vote for its creation. Therefore, as many co-owners as possible should come to the meeting.

If the required 50% of votes are not available, a second meeting may be held, but no later than 30 days after the first attempt.

If the voting took place and a positive decision was made, then at the same meeting the chairman of the HOA, as well as members of the board, are elected by voting. It is they who will subsequently be the executive body of the created homeowners association.

Important: those co-owners who voted for organizing a HOA are not required to join its ranks. This is possible only on a voluntary basis - the person who wishes submits an application to the chairman for consideration.

HOA Charter

At the current meeting, it is also necessary to approve the charter of the created HOA. The charter, to save time, can be prepared in advance and copies distributed to co-owners for review. If it is accepted, it must be notarized in the near future - this is mandatory.

Sample HOA Charter.

After this, the formal part of the creation of the HOA is completed, as evidenced by the minutes of the meeting signed by the co-owners. You need to proceed to registering a legal entity.

Here we wrote about how you can liquidate an HOA and what are the grounds for this.