How to create a housing cooperative in an apartment building?

What is needed to open a cooperative?

The most important documents necessary for the process of registration and regulation of activities include the Charter, as well as the minutes of the meeting. The procedure is regulated by the Housing Code of the Russian Federation, Article 111, as well as Art. 112. In addition, it is worth mentioning the Civil Code of the Russian Federation, its general provisions, which deal with legal matters. faces.

Important! A cooperative can be created if there are at least 5 people (Article 112 of the Housing Code). But there is another limitation: there must be as many participants as there are residential premises in the building, but no more.

The decision that an organization will be created is made by the founders. To do this, a meeting must be held . The Housing Code of the Russian Federation does not say how it should take place, but it is mentioned that shareholders can take part in it.

If a positive decision was made at the vote, then the organization is considered to be created. After this, you need to adopt the Charter . All decisions made during the meeting must be recorded in the minutes.

From the moment the cooperative is registered with the Federal Tax Service, the provisions of the Charter are mandatory not only for those persons who voted for its adoption, but also for the cooperative, as well as for all other residents of the building included in the housing cooperative.

A cooperative can be called a voluntary association of citizens. Both citizens and legal entities can become participants. Strict age requirements apply, so only those over 16 years old can join the organization .

If a housing cooperative has been created in the house, you can dispose of the real estate only after becoming a member of the organization. But any participant in a building cooperative will receive ownership of housing only after he has paid the full payment for his share.

Important! The Charter must include the data mentioned in Art. 52 and 116 of the Civil Code, as well as in Art. 113 LCD.

How to formalize a decision to organize a housing cooperative

The decision to create a housing cooperative at the start of construction is made unanimously by the founders.

According to the law, their number cannot be less than five and should not exceed the number of residential premises under construction.

The maximum number is limited not by the number of apartments in an apartment building, but by the number of residential premises as interpreted by Article 16 of the Housing Code of the Russian Federation. That is, it is necessary to count not only apartments, but also separate rooms of the apartment. According to the requirements of Art. 15 of the Housing Code of the Russian Federation only isolated premises are classified as residential.

Since the cooperative is created to meet the needs for residential premises, the number of non-residential premises in the apartment building under construction is not taken into account.

An obligatory condition for citizens is the age limit. Persons over 16 years of age are accepted as members of the housing cooperative.

At the founding meeting, interested parties discuss organizational issues and adopt the main document - the charter.

Founders - individuals have the right to take part in the meeting in person or act through their authorized representatives.

Within the meaning of Article 185 of the Civil Code of the Russian Federation, a power of attorney can be considered a written authority by one person to another before third parties.

Individuals certify powers of attorney by notary.

In the interests of legal entities, executive bodies (for example, directors), authorized to do so by law and constituent documents, act without a power of attorney. However, a power of attorney can also be issued to other persons. Sequencing:

draft charter is being prepared
a meeting is held;
state fee is paid
the organization is registered.

The decision of the meeting on organizing a housing cooperative and approving the charter is documented in the minutes of the general meeting of founders. This is a single document connecting two expressions of will. Do-it-yourself documentation will be considered improper form.

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Program for housing cooperatives

The state is interested in citizens actively joining housing cooperatives. In order to increase the number of shareholders, changes were made to No. 161-FZ, which talks about measures to promote housing construction. The adoption of the amendments is aimed at simplifying the mechanisms for creating cooperatives, as well as providing housing cooperatives with state support.

Now the construction of housing will cost 30% of the cost of housing . The whole point is that the Housing Mortgage Lending Agency will provide free land plots for buildings.

In addition, the reduction in housing costs is ensured by the fact that the contractor's costs are significantly reduced , and there is no margin for the developer. There are no expenses for advertising promotion of the project, servicing loans and other factors that significantly increase prices.

Now the housing cooperative itself controls the choice of designers and contractors. The register of shareholders is under the control of the authorities, and the cooperative itself is responsible for maintaining documents. In addition, voluntary liquidation of a cooperative is now prohibited until the date when members of the organization receive ownership of housing.

Note! By choosing a housing cooperative with state support, shareholders do not have to worry that the project will turn into a long-term construction project. Fraudulent schemes, which previously resulted in defrauded investors, have been eliminated.

Modern housing cooperatives: chances are like in Russian roulette

One way or another, at present, housing cooperatives are definitely not the most unprofitable and rather risky option for purchasing an apartment, since buyers are still very poorly protected from fraudulent activities or simply incorrect financial calculations by developers.

It is important to remember that 214-FZ does not currently apply to contractual relations with housing cooperatives, and the principle of legal relations differs significantly from cases with equity participation agreements.

The agreement with the housing cooperative, in fact, confirms the fact of joining the community for construction, and, accordingly, in the cooperative there are membership, and not commodity-money relations, which are regulated not by 214-FZ, but by the Civil and Housing Code. In addition, the charter of a housing construction cooperative plays an important role.

You can leave the housing cooperative if you wish, but you need to properly formalize this procedure legally in order to then get your money back through the court in full. It is necessary to submit an application, wait for the period specified in the charter to end, and then file a claim demanding a refund from the housing cooperative. In this case, you need to act very competently, seeking the help of an experienced lawyer.

It should be noted that in 2020, as well as in previous years, problems with housing cooperatives endlessly surfaced in print and electronic media.

Actually, the problem remained large-scale - we were talking about different regions and different categories of defrauded members of cooperatives.
Many people have suffered and continue to suffer from fraudulent schemes, from VIPs to ordinary citizens who have invested their last (often credit)
money.

Suffice it to recall the elite facility “Government Dachas”, which was supposed to be built in the Sverdlovsk region, but instead 29 million rubles went to waste, and shareholders were left without housing. The initiation of a criminal case and urgent investigative actions did not make it any easier for people who were expecting, first of all, apartments.

There are hundreds of similar cases throughout Russia,

There has already been a certain amount of judicial practice related to violations in housing and construction cooperatives. Thus, many began to compare participation in a housing cooperative to Russian roulette, where the chances of winning are approximately the same as the chances of getting an apartment in a housing cooperative without any problems. It is clear that the question of radical transformations in this entire system in 2020 turned out to be not only timely, but, rather, even overripe.

Step-by-step instructions for creating a housing construction cooperative

Having decided to create a housing construction cooperative, citizens must act as follows:

Contact AHML and announce your intention that it is planned to create a cooperative. Provide primary information. These include information about what type of development is planned; how many people are in the cooperative; wishes about the future location of the house, etc.
A list of citizens interested in creating a housing cooperative is being compiled.
An application for the provision of a land plot is drawn up. The document is sent to AHML.
The agency finds a suitable site.
Creation of a housing construction cooperative. Registration of an organization with the tax service.
The cooperative must submit an application to the Agency. It must contain a request to transfer the plot on which the house stands for free use.
The Agency's Board decides that the territory will be transferred to the cooperative.
Drawing up an agreement on the free use of the plot. Signing of documents.
Construction of buildings on a designated area.
Putting objects into operation. Transfer of land and buildings into ownership.

Procedure

First you need to find out how many citizens will be included in the organization. Legal entities can also have membership. At the general meeting, the founders must vote for the creation of a cooperative, and all participants must express their opinions.
Next, the decision to create an organization and register it must be entered into the protocol. The minutes must include information that the Charter has been adopted.
Next, you should contact the tax office, where the state registration of the organization will take place. Documents must be submitted to the Federal Tax Service at the location of the housing cooperative.
After the procedure, a record of the cooperative will be entered into the Unified State Register of Legal Entities.

How to do it in an unfinished house?

In this case, the easiest way is to create an organization from scratch, and then contact the authorities with a request to transfer the unfinished facility to the balance sheet of the housing cooperative. But such a process can take a long time .

How to register?

State registration involves entering data about the cooperative into the Unified State Register of Legal Entities. To do this, you need to submit the following information to the Federal Tax Service :

Charter and minutes of the meeting.
Name of the organization. Address.
An extract about the founders, if they are legal entities. It is made from the Unified State Register of Legal Entities. You must also provide copies of the companies' constituent documents.
The director and members of the cooperative must provide TIN and passport data.
Taxation system for housing cooperatives. It can be general or simplified.
Application for registration in form P11001.
A receipt confirming payment of the state fee.

It is necessary to register a housing cooperative with the Pension Fund of the Russian Federation and the Federal Compulsory Medical Insurance Fund . You need to get codes from Goskomstat . After this, the organization can open a bank account and make stamps.

Information in GIS

The organization must submit information to the state information system. To do this, the chairman needs to obtain a digital signature (qualified), then he can register on the portal (the procedure is similar for the housing and communal services of the HOA).

Video on how to correctly enter data into GIS:

History of housing cooperatives: from an effective mechanism to a field of activity for fraudsters

Civil associations for the purpose of housing construction began to appear in Russia in the 20s of the last century, but in 1937 the Soviet government decided to liquidate them, seeing in such organizations remnants of private property. However, in the post-war years, the housing problem turned out to be so acute that in 1958, official permission appeared for the creation of building cooperatives, and many people were able to get the coveted square meters in this way.

Since 2008, the activities of cooperatives have been regulated by 161-FZ,

which involves the allocation of land for real estate to certain categories of citizens. The only advantage of housing construction cooperatives is the opportunity to purchase housing at cost. However, it is often impossible to determine in advance exactly what this cost will be, since the statutory documentation of the housing cooperative does not indicate the final price of housing.

Currently, concluding equity participation agreements is a much more reliable option, since such transactions must undergo state registration, which minimizes the risk of double sales. In addition, after amendments to legislation, the activities of developers are quite strictly regulated and controlled.

Initially, the mechanism for financing the construction of housing through the creation of cooperatives seemed transparent and quite attractive, however, in the course of practical implementation, there were more than enough problems. There were often cases when cooperative ownership turned out to be completely unready for operation, and it turned out that shareholders were forced to continue to finance long-term construction. The indignation of deceived private investors and their categorical refusal to make dubious investments are quite justified.

Reform and reorganization of housing cooperatives

The reform was carried out in 2020. From now on, it is much easier to obtain land for construction. If earlier it was necessary to pay 20% of share contributions for this, now this is not required. AHML transfers the land to housing cooperatives for free use . All these measures are aimed at enabling citizens to improve their living conditions.

In addition to the amendments to No. 161-FZ, changes were made to the Housing Code. Now, thanks to state support, members of the cooperative can use borrowed funds to pay for their shares. In this case, the share will act as collateral; the procedure is similar to mortgage lending. Today, a wide range of people can become shareholders of a cooperative.

Important! One cooperative member can own only one share. This guarantees the right to one living space. Low-income citizens receive special benefits. If an organization is created, and the authorities facilitate this, then such citizens have an advantage in joining.

Under what conditions can a housing cooperative be organized today?

Currently, the share of residential buildings built with the funds of cooperatives is insignificant; if in 1990 in different cities of the Russian Federation this share was about 5-7%, now it does not exceed 1%.

After numerous amendments and innovations, legislators left legitimate only two cases when citizens have the right to create housing construction cooperatives:

The first is the construction of a high-rise building on a plot of land that was allocated free of charge from state or municipal property.
The second case is, rather, a forced measure: the developer went bankrupt, but the housing needs to be completed, and in this situation the housing cooperative has to take on the functions of a developer.

For other cooperatives, legislators decided to limit the possibilities of attracting funds from citizens, since this format of investment too often resulted in the emergence of long-term construction projects.

How to create a housing cooperative step by step instructions

Contents In our country, relations in the housing sector are changing.

It poses many problems for lawyers and legislators that were previously unknown.

These include difficulties with the implementation and legislative regulation of ownership rights to apartments in residential complexes and housing cooperatives for legal entities and individuals. From a legal point of view, some aspects of this problem are already regulated in some federal laws that were adopted relatively recently. By law, citizens can choose how to manage an existing apartment building.

Among them is the Civil Code of Russia, which created a separate chapter on ownership rights to apartments for legal entities and individuals. A housing cooperative is a community of citizens and organizations created on a voluntary basis to solve the housing and everyday needs of its members.

The creation occurs as a result of the pooling of shares. This is a way of managing an owned apartment building.

They are created to satisfy the housing and everyday needs of shareholders. It is capable of uniting individuals and legal entities.

The housing complex of Russia defines the concept of housing cooperatives.

It consists of individuals and legal entities who entered it voluntarily to resolve housing issues and take part in the management of the house.

By investing their own money, they build, buy, renovate and maintain a multi-story residential building. LCDs relate to consumer provisions and all provisions that relate to them should not be attributed to other special organizations.

Incl. , created to resolve the housing issue under the current Federal Law. The method of managing an existing apartment building, the creation and operation of these companies is determined by existing Federal Laws.

They cannot have less than 5 participants. And the maximum number of members does not exceed the total number of apartments in the high-rise building that is planned to be built or purchased.

The decision to create a housing cooperative can only be made by the community of founders, which includes the entire list of persons who want to create this way of managing an owned apartment building.

Registration of a consumer cooperative: requirements and features of work

Participants are responsible with part of their property, which is a share; in addition, they deal with the following problems:

Creation of a consumer cooperative.
Solving membership issues.
Formation of the structure of the consumer cooperative and its management bodies.
Property composition of the association.
Current aspects of work, reorganization, liquidation and expansion in the form of unions.

Registration of a consumer cooperative Registration of a cooperative is carried out solely on the basis of the current norms of the Russian Federal legislation and is completely similar to the registration procedure in relation to other business entities. First, let's look at the list of necessary constituent documents for registering a consumer cooperative.

The principles on which the CCP is based are reminiscent of the work of mutual aid funds, which existed in almost all organizations under the Soviet Union. Each member of such a cash register made a monthly payment to the general fund, and, if necessary, could receive a gratuitous loan for a large purchase. A modern CPC issues participants not loans, but loans on more favorable terms than in a bank.

Before registering a consumer cooperative, it is important to learn the basics of legal regulation:

registration of the CPC is carried out according to a certain criterion;
It is organized not for the purpose of profit, but for financial assistance to those in need. Which, however, does not exclude the possibility of attracting related profits with the help of additional types of income-generating activities permitted by law;
unlike other legal forms of organization, in the case of a CPC there is no need to create an authorized capital;
The requirements for participants are quite simple. If you are a citizen of the Russian Federation, if you are over 16 years old, you have the right to register with the CCP. In addition, a profitable consumer credit cooperative can be represented by other CPCs;
There are certain restrictions in terms of the number of participants. If the opening of a CCC is carried out by legal entities, then the number of members of the credit organization cannot be less than five people. In the case of individuals, the minimum increases to 15 people;
any decisions on credit transactions are made only at the meeting of shareholders, which is the highest management body of the organization;
The chairman is the head of the executive body.

Most of the requirements affecting the financial standards of the CCP are considered in Art. "On credit cooperation." It is worth considering that for credit institutions whose existence is less than 2 years, various benefits are provided.

One of the most important parameters is the maximum possible loan limit. Any member of the organization has the right to receive a loan, the amount of which does not exceed one tenth of the total loan debt of the CPC - the amount is determined from accounting documents and provides an increased level of protection for shareholders.

As for the size of the reserve fund, according to legislative standards, it is no less than 1/20 of the amount received from the participants. Moreover, the reserve fund should be separated from the financial assistance fund, also in a bank account. For young PDAs, the minimum is 2%.

Finally, deposit rates here are higher than in banks (but the increased risk of non-repayment of investments must also be taken into account). The upper limit of the CPC percentage is determined as the refinanced rate multiplied by a coefficient of 2.5.

As can be seen from the above, registering a CPC is a fairly simple procedure that will not require large financial and time expenditures from you, but will offer many interesting opportunities in terms of business development as a financial safety net.

Statutory document

The charter is necessary for registration of a legal entity in the required bodies and is the main constituent document.

The charter specifies the following information:

name of the institution;
location address;
subject and purpose of work activity;
method of enrollment as shareholders;
rules for leaving or expulsion from society;
liability for failure to comply with requirements;
the procedure for implementing decisions by management and control bodies;
way to get rid of losses;
method of reorganization and removal of an enterprise.

During the formation of the charter, it must be taken into account that in order to finance construction for amenities, the organization should be registered as non-profit. For this purpose, it is necessary to create a clear formulation of the list of types of its main activities, taking into account the requirements of the law on taxation of corporate profits.

They determine the legal, economic and social basis for the organization, creation, implementation and liquidation of consumer communities and their associations, which form the basis of consumer cooperation in Russia. So, regulatory documents regarding consumer cooperatives.

Legislative norm of the Russian Federation 3085/1. Federal Law registered on June 19, 1992 with editorial changes made on July 2, 2013 under the title “On Consumer Societies...”.
Clause 2 Art. 123. 2 Civil Code of Russia.
Federal Law No. 193 edition 08.12.1995.
Federal Law No. 66 edition 04/15/98 “On horticultural ...”
Federal Law No. 190 “On credit cooperatives...”18. 07.09.

We suggest you familiarize yourself with: What property of spouses is considered jointly acquired{q}
As well as other norms of the domestic legal field that allow cooperatives to be equal participants in the market.

Accounting and reporting documents of organizations and individual entrepreneurs

Accounting and reporting can be accounting and tax. You can find out how one differs from the other in this article. Here we will limit ourselves to the fact that accounting is mandatory only for organizations, and tax accounting is carried out by all taxpayers (including LLCs and individual entrepreneurs). Based on this, the list of documents of the organization is much more significant than that of an individual entrepreneur, due to the financial statements.

The organization's accounting documents include:

Accounting registers (general ledger, order journals, memorial orders, account transaction journals, turnover and accumulative statements, accounting books, inventory lists, etc.);
Accounting statements (balance sheets, profit and loss statements, explanatory notes);
Working chart of accounts;
Accounting policy;
Correspondence on accounting issues.

Documents related to tax accounting (which are maintained by both organizations and individual entrepreneurs) include:

Tax returns;
Books of accounting of income and expenses;
Invoices;
Purchase books and sales books;
Documents confirming the tax loss, the amount of which has been carried forward to future periods;
Acts of reconciliation with the Federal Tax Service and certificates of the status of settlements with the budget.

Primary documents record the fact of business transactions and are the basis for accounting and tax accounting:

Cash documents and books;
Bank documents;
Warrants, timesheets;
Invoices;
Expense reports;
Acts on acceptance and delivery of property and services;
Acts on write-off of inventory items;
Receipts, etc.

Agreements and documents confirming their execution:

Treaties, agreements, contracts, invoice agreements;
Protocols of disagreements under contracts;
Correspondence, calculations, certificates, conclusions to contracts and agreements;
Transaction passport;
Liability agreements;
Correspondence regarding accounts receivable/payable;
Documents on acceptance of completed work (acts, certificates, invoices).

We invite you to familiarize yourself with: Privatization of a dorm room, judicial practice. Privatization of a dorm room: legal nuances

Documents on cash register equipment:

Cash register passport;
Cash register registration card;
Journal of the cashier of the operator;
Service agreement with the service center;
Used control tapes;
Fiscal memory drives, etc.

Country of Soviets

Contents The Supreme Court of the Russian Federation explained why a housing construction cooperative, created after the bankruptcy of the developer to complete construction, must accept participants in shared construction as its members. If you are a housing construction cooperative that finds yourself in a similar situation, read our article. Is reorganization necessary in the HOA if the housing cooperative has built a house?

The developer promised to build an apartment building.

I found shareholders, concluded a shared construction agreement with them and began to build. And after a while it went bankrupt, that’s what happens. The shareholders decided to finish building the house and for this purpose organized a housing construction cooperative.

Housing cooperatives handed over the unfinished house and the land plot underneath it. The housing cooperative approved the charter, which described the purpose of its creation - to protect the rights of participants in shared construction and to complete the construction of the house. At the general meeting, the members of the housing cooperative unanimously decided to accept the developer’s creditors as members of the cooperative only after all participants in the shared construction of this house have been identified to the fullest extent possible.

The members of the cooperative decided that the money that shareholders contributed under agreements with the developer should be considered a share contribution, because the house was built at their expense.

He indicated that the housing cooperative:

did not notify her in time about the convening of a general meeting at which a decision was made to terminate the admission of participants in shared construction as members of the cooperative;
did not provide the opportunity to become members of the cooperative.
violated his own charter and the property rights of the shareholder;

The Court of Appeal overturned the first court's decision.

But then something went wrong, and the cooperative did not accept the application of one shareholder to offset her contribution to the shared construction of a house against the share contribution of a member of the cooperative and did not include her among its members. The shareholder went to court. The trial court supported her claim.

He proceeded from the fact that the shareholder was to blame: she submitted an application to become a member of the housing cooperative after the termination of the admission of participants in shared construction to the cooperative.

What you should pay attention to when buying apartments through housing cooperatives

According to statistics, one of the main factors that influence the choice of housing is not the form of the contract, not the presence of infrastructure in the neighborhood of the house, but the reputation of the developer, his experience in constructing apartment buildings, and the terms of payment for the apartment.

However, if an individual decides to join a housing cooperative, you need to pay attention to several important points:

Check the investment agreement between the construction company and the housing cooperative. It is better if the cooperative itself acts as a developer. In this case, the housing cooperative bears full responsibility for the construction of multi-storey buildings.
Study the remaining documents of title: construction permit, land lease agreement or land ownership.
Read the Housing Cooperative Charter. Particular attention should be paid to the conditions for joining and leaving the cooperative. And also on the procedure for paying fees and obtaining an apartment.

If all of the above documents are clear and transparent, you can safely enter into an agreement with the cooperative.

Creation of a cooperative in Russia

The minutes of the first constituent meeting is another important paper required during legal registration. faces. There is a certain procedure for its maintenance, which is clearly visible in copies of this protocol.

Since 2014, this sample has undergone some changes in the design of the meeting of legal entities and the very content of the first constituent meeting has changed. All necessary papers with the Protocol and application in the required form are provided to the registration structures.

The first protocol contains information about the creation of the enterprise, name, authorized capital, composition of the founders and their shares in the capital. The first constituent protocol reserves the fact of choosing a leader.

The minutes contain information about the agenda that is important for the formalization of the organization.

All founders now become applicants, which means that everyone signs an application in form P11001 at the notary.

And the document indicates one founder who is responsible for government registration and payment of fees.

All shareholders are required to be present when submitting a package of documents to the Federal Tax Service or give permission to the representative certified by a notary to submit and receive documents.

Consumer cooperatives are unions or public associations of citizens of the Russian Federation or legal entities. The basic principles of the organization are voluntariness and the desire to work together; the main principle is the satisfaction of certain needs.

In this article we will look at the algorithm for creating a consumer cooperative and give useful recommendations for creating it. 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 contact the online consultant form on the right. Or call us at (Moscow)8 (St. Petersburg)8 ext.

In the names of these consumer cooperatives, the use of the words “consumer society” and “union of consumer societies” is not allowed. 2. The procedure for registering a consumer cooperative. The creation of a consumer cooperative means its state registration in the manner prescribed by federal legislation.

State registration is an act of an authorized federal executive body, carried out by entering information on the creation, reorganization and liquidation of legal entities into state registers. In 2004 The Federal Tax Service was designated as such a body. For state registration of a legal entity, a state fee of 2000 rubles is paid.

For state registration of a legal entity, applicants may be the following individuals: - the head of the permanent executive body of the registered legal entity or another person who has the right to act on behalf of this legal entity without a power of attorney; - founder (founders) of a legal entity upon its creation;

- the head of a legal entity acting as the founder of a registered legal entity; - another person acting on the basis of the authority provided for by federal law, or an act of a specially authorized state body, or an act of a local government body. The registration authority does not have the right to require the submission of documents other than those established by law.