Step-by-step instructions for creating an HOA (meeting, registration, HOA activities, etc.)

Legislation provides citizens who are home owners with the right to independently manage their home property. This can be organized in various ways. One form of self-government is called a homeowners' association (HOA).

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What is it and why is it needed

An owners' association is an organization engaged in non-profit activities (not receiving profit from its actions). Her area of responsibility is to ensure proper order in the house.

All issues affecting the arrangement and maintenance of common housing are considered and resolved by the partnership independently:

In the process of resolving problem situations, the HOA can resort to the help of third-party organizations, or it can cope thanks to its internal reserves. This The community is a full-fledged legal entity that has:
the right to recruit personnel responsible for performing established tasks.
The main constituent document of the HOA is the Charter . It displays all available tasks, and it regulates all actions for home improvement. According to the law, performing types of work not specified in the Charter is unacceptable (LC RF, Chapter 13, Art. 136, Art. 44 to 46, Criminal Code and Civil Code of the Russian Federation). For failure to comply with this requirement, the partnership may be liquidated, and the managers may face criminal liability.
The activities of the partnership are regulated by a board headed by the chairman.. It carries out the function of operational management of affairs and employees. The status of the highest body has the general meeting of members of the partnership, which is responsible for resolving all controversial issues and issues related to the existence of a self-governing organization, for example:
reorganize the structure and also liquidate it;
conduct elections of the chairman, board, and inspection bodies;
determine the amount of membership fees;
draw up a list of necessary work and associated costs.

How to create a HOA in Russia in 2019

Residents of an apartment building can choose the form of management at a general meeting. Homeowners' associations (HOAs) are especially popular. This method of management implies that the residents of the house maintain their property themselves. But for this activity to be legal, the partnership must be properly formalized from a legal point of view. Otherwise, the house may be left without maintenance and necessary resources. So they need to figure out how to form an HOA.

In Art. 136 of the Housing Code of the Russian Federation stipulates the conditions for creating a HOA. The main requirement is that all participants who voted to choose this form of management must sign the minutes of the meeting. The same article states that, under certain conditions, owners of several houses can become members of one partnership. This issue will be discussed in more detail below.

Who has the right to be part of the partnership

Only home owners participate in the creation of an HOA.

A residents' association can be created after a corresponding decision is made at a general meeting. It receives legal force only if consent is given by at least half of those present at the meeting (and these should be more than 50% of the total number of people living in the house).

If there are tenants among the residents, then the mayor’s office or one of its representatives is considered a member of the HOA instead. Difficulty can only arise with citizens who have not reached the age of majority:

Without being fully capable from the point of view of the law, they are at the same time the owners of real estate.
Parents or guardians of such citizens (provided that they do not own property in the house) cannot enter into a partnership either on their own behalf or on behalf of the child.

HOA

HOA - what is it? A homeowners association is a non-private organization designed to perform the functions of a management company.

The HOA, as an organization, acts exclusively in the interests of the people living in the house, puts forward innovations and carries out renovations of the building. The organization controls the quality of consumer services used by residents and pays bills.

Any owner of an apartment in a building has the right to create such a partnership. It is best if his reputation is not tarnished, as this will inspire the trust of the other residents of the house.

Before opening an HOA, you should make sure that this citizen has a sufficient amount of free time that he can devote to managing the apartment building.

It happens that the chairman of the HOA cannot find answers to numerous questions coming from homeowners. This can be explained by a simple lack of time.

With regular refusals to receive visitors and resolve emerging issues, property owners become indignant and organize a change of board members or a return to their management company.

Only one HOA can operate in a building. You can create a partnership that extends its influence to more than one house if all the buildings are located close to each other.

Difficulties may arise with the distribution of payments for communal services, therefore both the chairman of the partnership and the head of the accounting department must have experience in similar positions.

How to create an HOA in an apartment building: step-by-step instructions

To create an organization (including an HOA), you need to go through two stages:

Organization.
Registration.

Stage 1 – Organization

The organization of the partnership also consists of two parts:

preparatory work;
meeting.

Preparing for the meeting

1 . First of all, you need to carefully study the legislative framework , that is, all the legislative acts that define the activities of the HOA:

list of rights and obligations;
list of requirements;
acceptable areas of functioning;
general procedure for creation, liquidation and reorganization.

2 . Next, you will need to start creating an initiative group . It should include people who know how to manage and guide others, who are fluent in the financial and legal fields, and who enjoy the trust of the co-owners of the home. It should be clarified that the initiator can be not only the residents of the house, but also the mayor’s office or the building management.

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3 . Next, representatives of the formed group should talk with all the owners , discuss with them the importance and necessity of creating a HOA. At the same time, preparations for the meeting itself take place:

collection of documents;
registration of ballots;
mailing or personal delivery of invitations with the established date and place of the meeting (against signature or with acknowledgment of delivery);
drawing up a protocol.

The meeting can be held in two forms: in person and in absentia. To resolve the issue of forming an HOA, it is better to prefer the first option. Contents of the preparatory documentation:

Invitation:
place;
basic information about the invited owner (full name, apartment number);
Contact phone numbers.
Bulletin:
title documentation;
item displaying the agenda.

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Residents are required to answer all questions in the bulletin in writing. The variety of answer options has been reduced to two: against/for .

The fact of holding a meeting of owners should be notified in advance (at least 10 days in advance ).

Holding a meeting

Precise instructions on how to properly conduct meetings are contained in Article 146 of the RF Housing Code:

Residents come to the meeting with a passport, documents confirming their ownership rights and photocopies of all this documentation.
At the very beginning, the chairman of the meeting and his secretary are determined .
Next, the agenda is announced and debates (discussions) are held regarding all issues in the project plan of the partnership. If a positive decision is ultimately made, then the Charter is approved and members of the board are elected (the chairman can be determined later at a separate meeting of the board).
In addition, it will be necessary to determine who will be part of the audit and counting commissions.
Afterwards - distribution of ballots (in the future, only ballots cast with a mark on a certain decision are counted). To become a member of the partnership, you will need to submit a special application, as stated in Article 143 of the Housing Code.
After this, the organizational period can be considered completed.

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Stage 2 – Registration

The chairman is responsible for conducting registration. On his instructions (subject to the availability of appropriate documentation certified by a notary), the HOA can be registered by a trustee.

The registration procedure itself is carried out by the Tax Service. In order for a partnership to be registered, its representative will need to present:

all necessary documents with notarized copies and your passport;
a receipt for payment of state duty in the amount of 4 thousand rubles .

When the procedure is completed, under the control of the chairman and the mayor’s commission, the current account of the HOA is opened. The mayor's office itself must be notified of this in writing.

Documentation

The following documentation will be required for registration:

minutes of the meeting;
charter (in a single copy);
minutes drawn up by the board meeting when choosing a chairman;
registration form P11001 (it is also an application);
address where the organization is located;
passport, receipt and copies of all documents (as mentioned earlier).

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7 days after the Tax Service accepted the application, the partnership will acquire the status of a legal entity and receive the corresponding certificate. Data about this will be displayed in the unified register (USRLE).

Step-by-step instructions for creating an HOA

When planning to create an HOA, you need to understand all the responsibilities assigned to the organization.

The formation of a partnership is justified if the management company does not cope well with its responsibilities, and the residents are dissatisfied with the quality of the services provided.

It is necessary to assemble an initiative group of owners of residential premises who are interested in improving the quality of management of an apartment building.

Often, after the formation of an HOA, difficulties arise as a result of incorrectly organized activities or incorrectly stated goals in the charter.

Owners may be faced with a situation where the HOA may be unprepared to implement the assigned tasks. And the main difficulty may be the different interests of the residents of the house.

Before organizing an HOA, it is necessary to clearly understand why residents need this organization, what consequences of its activities they want to obtain.

The key task is to unite residents to improve the quality of use of real estate and maintain housing in proper condition.

All the wishes of the premises owners should be taken into account, their pressing problems and needs should be considered.

In an apartment building

To organize a homeowners' association in an apartment building, at least 50% of the votes of residents must be collected.

Owners should understand the merits of forming a partnership and transferring rights to manage the building to it.

During voting, the number of votes depends on the size of the residential premises owned. Owners of larger apartments have more votes.

For example, the owner of a 3-room apartment (76 sq.m.) has more votes than the owner of a 1-room apartment (33 sq.m.).

The key challenge when forming a partnership is to find the right number of owners who are interested in changing the way the house is run. After which you can begin preparing for HOA registration.

Look for a standard sample of the HOA charter in the article: HOA Charter under the new Housing Code.

The preparatory stage consists of several activities:

Formation of the initiative group	including premises owners
Collection of necessary documents	drawing up requests
Setting a date for the general meeting of residents	sending notices of a meeting

Certain issues need to be resolved first:

The size of the association’s budget, membership fees;
Location of the HOA office;
Drawing up contracts with hired employees.

If you decide to form an organization, you need to contact the territorial branch of the Federal Tax Service with the prepared papers.

Formation of the initiative group

The initiative group, as a rule, includes 3-5 residents of an apartment building. Members of this group will subsequently become members of the HOA.

It is recommended to select people with an active position, who understand accounting, understand the peculiarities of housing and communal services, and who enjoy the trust of other premises owners.

Citizens who are members of the initiative group carry out actions to convey information to the residents of the house (send out notices about the date of the general meeting, place announcements on information stands, etc.)

In addition, they can conduct explanatory conversations with residents, justifying the need to create a partnership and its advantages over the management company.

Holding a general meeting

The activity of the homeowners association is to maintain the house and keep it in proper technical condition.

The HOA is organized in the interests of the owners of the premises. But before organizing it, it is necessary to hold a general meeting of residents.

During the meeting, homeowners are explained about the need to form a partnership and the actions that need to be taken for this.

It should be taken into account that Russian citizens are distrustful of such initiatives of non-profit organizations, but mostly trust state or municipal bodies.

As a result, convincing citizens, especially older people, can be quite difficult.

It is better to focus on future positive changes, to draw the attention of residents that the payments they make will be directed to the needs of the house, and not to the maintenance of officials.

It is necessary to prepare for this event in advance, having considered the questions that arise from the owners of the premises.

Stages of the meeting:

Discussion of issues on the agenda sent to apartment owners	It is recommended to present them without unnecessary deviations from the topic
Distribution of pre-prepared voting ballots to residents	in them, homeowners will put their votes for organizing an HOA (or votes against). Copies of extracts from the Unified State Register of Real Estate confirming ownership of the apartment are attached to the ballots. The meeting is considered valid if more than 50% of the residents of the house participate in it.
Election of the HOA chairman and board members	the chairman must be a citizen living in an apartment building
Approval of the charter of the partnership being created	seal the document with a notary's signature
Compilation	minutes of the general meeting

Citizens who voted against the organization of a HOA retain the right to join it, and residents who voted “FOR” its creation have the right not to join it. Joining the HOA is entirely voluntary.

Registration of a partnership as a legal entity

The HOA is subject to registration as a legal entity. What is required:

convene a general meeting of residents;
draw up a protocol;
send a proper form of application to the tax service.

The chairman of the HOA contacts the tax service with a prepared set of documents. The registration procedure is paid. The state fee is 4 thousand rubles, you will also need to pay for notary services.

After submitting the documents, the registration authority:

Checks documents and determines their validity.
Issues a receipt for receipt of a package of papers.
Defines the date the result is received.

Preparation of documents

The following documents are submitted to the Federal Tax Service:

Application for registration of a non-profit organization	and a copy of the passport of the chairman of the HOA
Minutes of the meeting	certified by the signatures of management members
Articles of association	approved at the general meeting, as well as a receipt for payment of state duty to the budget

All documentation is submitted in originals; if necessary, notarized copies can be made. It is better to clarify the list of papers in advance.

The application review process will take approximately 5 days. After which the tax service makes a decision on legal registration. faces.

After registering the HOA, you need to draw up an act of acceptance and transfer of the apartment building to management. A commission from the Housing Inspectorate is convened for registration. It also includes members of the homeowners' association management. Based on the results of the inspection, technical documents are issued in the prescribed manner.

The transfer of management of the building from the management company to the HOA does not lead to a change in the rights of apartment owners. They do not need to make any adjustments to the title documents for their residential premises.

After the creation of the HOA, notifications are drawn up and sent to the property management committee and the urban services department of the relevant municipality.

HOA is like a legal entity. a person must open a bank account. It will be required to credit citizens' payments for utility bills and payments to suppliers.

Features of creating a partnership

The difficulties encountered when creating an HOA are usually caused by non-compliance with the rules for drawing up documentation. Not everyone can keep track of all the significant points on their own, so it is better to initially get advice from a qualified lawyer (or even hire one before all issues related to registration are resolved) so that you don’t have to redo everything later.

In a new building

If we are talking about a new building, then it is best to create an HOA as soon as possible, immediately after the building is put into operation and the residents have registered the right of ownership. This is important because it allows apartment owners to:

submit an application for acceptance of the house yourself;
when receiving housing directly from builders, immediately demand that all detected faults and defects be eliminated;
resolve a number of controversial issues.

In a cottage village

In paragraph two of Article 136 of the Housing Code of the Russian Federation, there is an indication that the creation of an HOA is also possible for owners of different houses located in adjacent territories with common networks of engineering and technical support and other infrastructure elements. Therefore, the creation of a partnership in a cottage community is also quite acceptable.

Features of creating a partnership in several houses and in a cottage community

Can it be organized not only in one apartment building?

By law, nearby houses can merge into one organization.

The registration procedure is almost the same as for one house. The only difference is that a meeting and voting are held in each of the participating houses. As a result, more than half of the owners of each house must vote in favor.

ATTENTION! Only houses that have a common local area and common utility systems can organize such an association.

The situation is exactly the same in the cottage community. Owners of adjacent plots have the opportunity to open a partnership to manage housing and communal services. Organizing an HOA for several houses is not as difficult as monitoring its further activities. The situation is complicated by the large territory. It is necessary to take into account the opinions of a larger number of residents with their requirements and wishes.

IMPORTANT! An already registered association may include new objects during its activities.

In addition to the standard voting procedure, changes must be made to the organization's charter.

It is necessary to draw up and sign a protocol, where the agenda is the inclusion of a new house in the HOA.

Is it possible to create an HOA in a dilapidated building?

The long service life of a building leads to significant wear and tear of all communications available in it and the need for major repairs. For this reason, the creation of an HOA in a dilapidated building, which is not prohibited by law, in practice turns out to be expensive .

This is especially expressed in the need to pay fines for the poor condition of housing buildings, for which the partnership assumes responsibility.

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The owners of the building will have to raise money for such payments, which means that few of them will agree to such a prospect.

Powers and Responsibilities

The Partnership is granted the right:

disposal of common property (upon obtaining the consent of the owners);
regulation of the volume of utilities (but not less than the established minimum);
carrying out preventive and repair work (with the consent of residents);
concluding contracts with contractors;
presenting demands regarding payment for services (including the work of qualified specialists).

At the same time, the HOA cannot impose additional services on residents and conduct illegal business activities on behalf of the partnership.

Community responsibilities include:

careful handling of household property;
ensuring high-quality supply of utilities;
drawing up an estimate of the costs required to maintain the building in proper condition.
collection of funds to pay for repairs (current or major).

Advantages and disadvantages

The benefits of the partnership include:

management efficiency;
absence of unnecessary bureaucratic red tape;
the emergence of the opportunity to rent out common property in order to obtain funds to pay for repairs or improve the area adjacent to the house;
the pleasant appearance and general amenities characteristic of houses with partnerships increase the market value of the housing in use;
openness of financial and other activities of the HOA for all homeowners.

Among the shortcomings are the following:

cases of abuse of their position by persons related to finance;
increase in operating costs;
the need for constant outreach;
the need to independently control the repayment of utility debts by unscrupulous residents;
insufficiently improved mechanism of legal interaction between HOAs and government agencies.

Despite this, management through an HOA is very effective, and if necessary, it may be subject to certain requirements related to improving the activities of the community. If they have a justification, the HOA will not be able to ignore them and will be obliged to comply.