Address of the chairman of the homeowners association to residents

Who is allowed?

The association is created only by home owners. The basis, as well as the condition for creation, is the presence of owner-occupiers in the apartment building and the decision of their general meeting.

But in order for it to be valid, more than 50% must vote.

those present at the meeting. It is also necessary that at least fifty percent of the list of owners of residential premises participate in the voting.

That is, for example, from 100 tenants-owners of residential premises there should be 50 +1 people at the meeting.

Only in this case will the creation of a partnership be legal

.

So, only a person who owns property in a house can create it, liquidate it, etc.

But among the residents there may also be tenants

. What about these citizens? The mayor's office or its representative of the management company, as the owner of the residential premises, can be a member for the tenant.

It is more difficult with minors. On the one hand, such a citizen may own real estate, on the other hand, he is not fully capable, until he is 18 years old.

And his representative, guardian, or parents, who do not have property in this house, cannot join the partnership either themselves or on behalf of their ward. This legal incident, to this day, is not resolved by law.

Housing and communal services consulting

Within the meaning of the above legal norms, members of the HOA and non-members of the HOA, owners of premises in an apartment building, have the right to receive information from the management bodies of the partnership about their activities.

According to paragraph 3 of Art. 143.1 of the Housing Code of the Russian Federation, members of a homeowners’ association and non-partnership owners of premises in an apartment building have the right to familiarize themselves with the following documents:

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Stages

The opening of any organization includes two periods:

• organizational;
• registration.

Let's start with the first stage of organization. It includes:

• preparatory stage;
• holding a meeting.

Preparations should begin with the creation of an initiative group

and studying the legislative framework.

That is, familiarize yourself with what legislative acts regulate the activities of the partnership, the requirements for it, its directions of activity, the procedure for creation, liquidation, reorganization.

It is advisable to include people in the initiative group

who have experience in management, as well as in legal and financial matters, naturally, they must enjoy the trust of residents.

By the way, the initiator may not be the residents, but, for example, the building management or the mayor’s office.

Then we begin the actual preparation for the meeting.

.

The steps are as follows:

1. The group interviews the owners, explains to them why the HOA is being created and its necessity.
2. Documents, ballots, notices, etc. are being prepared for the meeting.
3. The date and location of the meeting are determined and assigned.
4. Notices of the meeting are sent to owners. They are delivered against signature, in person or by post with notification of delivery to the addressee.
5. Preparatory documents.

Notification

- invitation to a meeting. It contains the following information:

1. Purpose of the meeting.
2. Venue.
3. Owner details.
4. Contact numbers and other contacts where you can obtain information on issues of interest related to the meeting.

Bulletin

– a document intended for voting. It contains complete information about the owner, including the total area of ​​his home, title documents.

Besides this, the agenda

. The property owner must answer each question (in writing). There are two possible answers: for or against.

Owners are notified 10 days before the meeting.

Learn about the responsibilities of a manager.

Meeting

Owners must arrive with a passport and housing documents. Photocopies of these documents must be prepared.

First, the chairman of the meeting and the secretary are selected

. Then the agenda is announced, after which debates are held on each issue of the HOA project.

If the decision is positive, the charter of the HOA is approved, then its board is elected. Its chairman can be elected by the meeting or the board at its meeting. The composition of the commissions is separately approved. There should be two of them: audit and counting

.

How to conduct a meeting is determined in the LCD, in. This is where the organizational period ends and the next one begins.

Registration

How ? This legal action is carried out by the chairman

. He can instruct his authorized representative to register the organization by issuing a power of attorney for him, notarized.

The partnership is registered with the Tax Service. When registering, the representative must submit a package of documents (more about them below) and a passport. In addition, you must provide copies of them certified by a notary.

a fee to pay for registration

. Its size is 4000 rubles.

After registration is completed, a current account is opened. It is opened by the chairman and the mayor's commission. Upon opening, written notification must be sent to City Hall.

documents are submitted to the registration authority

:

Read about it on our website.

Cost and terms

We have already said above that original documents are accompanied by notarized copies. That is, in addition to the fee, you will have to pay the cost of notary services

.

It is impossible to say exactly how much, since the price depends on the region of the country. In addition, you still need to order bulletins and notifications, and they also have a price.

Other costs may apply

. For example, for postal items and the like. Therefore, it is difficult, if not impossible, to plan creation costs in advance.

Registration is carried out within 7 days after the documents are accepted by the Tax Service. The partnership is entered as a legal entity in the Unified Register of Legal Entities (USRLE) and a state registration certificate is issued.

Nuances

They may refuse if not all documents have been submitted, not all of them, as well as the applicant’s signatures, have been certified by a notary.

Refusal is possible if the requirements of the law are not met.

, which are presented to such organizations when the information given in the documents is distorted or untrue. There are gross mistakes, blots, erasures. Duty not paid.

The application for registration is sent to the division of the Tax Service that deals with registration. Otherwise, everything will have to start over, including paying the notary and fees.

The difficulties of creating a partnership lie in the basic preparation of the necessary documents and are of a technical nature

.

They must be completed in accordance with the requirements for completion.

For example, form P11001 is filled out in block letters; all sheets must be stitched, numbered, signed by the applicant and certified by a notary. And there are many such nuances, starting with registration and ending with the body that deals with registration.

Therefore, when creating a partnership, it is better to immediately, even during the preparation period, involve a qualified lawyer to help

, which will accompany the entire procedure for opening a HOA. This is an additional expense, but you will save time and nerves.

But in a new building, it is better to create a partnership as soon as the house is put into operation and the residents register ownership of the housing.

The fact is that the developer transfers the house to the first person to submit an application

for its acceptance. From the moment the house is handed over until the end of the announced competition and the selection of a management company, the building is under the jurisdiction of the developer, who manages it.

The benefit for residents here is that by accepting the HOA’s house directly from the builders, all controversial issues can be immediately resolved and deficiencies can be eliminated.

In this case, you can hire a developer

. And this is probably the best option, since who knows better than him the object he built.

Is it possible to create a partnership association on several houses? The law allows for this possibility. Several houses can unite into a partnership.

The only caveat is that they must border territories with each other

. Such an association can be created either, as they say, from scratch, or by merging previously existing partnerships.

Disclosure of HOA information to owners

Management methods, price lists, inspections of HOA activities - is this an internal matter of the company itself or not?

From the point of view of the law, no, this information must be absolutely accessible and any interested citizen can obtain it.

First of all, of course, these must be the residents of a particular building who have chosen the HOA.

Legal requirements

What is the responsibility of the HOA to the owners, what information is the HOA obliged to disclose and what is not?

Until relatively recently, the management of homeowners' associations did not even think about this issue.

But in 2010, Decree of the Government of the Russian Federation No. 713 came into force, clearly describing which secrets the HOA is obliged to share, and which, so be it, it can keep to itself. Failure to comply threatens the legal entity with serious sanctions - a fine.

Anyone interested in disclosing information to HOAs and housing cooperatives can be any person related or not related to the given house and specifically to the HOA. That is, it turns out that information - that relating to activities and prices - must be transparent and accessible to everyone (Article 161 of the Housing Code of the Russian Federation).

First of all, those citizens who live in the house, which is managed by the partnership, should take an active interest in this and promptly request reports from them on their activities.

The fact is that if the question of bankruptcy of the partnership suddenly arises and it is revealed that the official reason was the systematic failure of residents to pay utility bills (and the real reason is not difficult to guess what exactly), then the residents may have to pay the bills twice.

And thus, the law can hit not only the thieving leadership, which is logical, but also unsuspecting citizens.

Sample request to the HOA for information

To the director ___________________________________

from _____________________________________________

residing at: ________________________

REQUEST FOR INFORMATION

I am the owner of the residential premises at the address: _____________________ on the basis of _________________________________________________________________, (indicate details of the document of ownership)

who entered into an agreement for the management of an apartment building with LLC "_______________________" from "____"___________.

In accordance with Part 2 of Article 165 of the Housing Code of the Russian Federation, Decree of the Government of the Russian Federation dated September 23, 2010 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings,” I ask you to provide the following information: (select and indicate what is required):

— general information about the management organization (the following information is subject to disclosure: a) the corporate name of the legal entity, the surname, first name and patronymic of the head of the management organization or the surname, name and patronymic of an individual entrepreneur; b) details of the certificate of state registration as a legal entity or individual entrepreneur (main state registration number, date of its assignment and name of the body that made the decision on registration); c) postal address, address of the actual location of the management bodies of the management organization, contact numbers, as well as (if available) official website on the Internet and email address; d) the operating hours of the management organization, including the hours of personal reception of citizens by employees of the management organization and the work of dispatch services; e) a list of apartment buildings managed by a management organization on the basis of a management agreement, indicating the addresses of these buildings and the total area of ​​premises in them; f) a list of apartment buildings in respect of which management contracts were terminated in the previous calendar year, indicating the addresses of these buildings and the grounds for termination of management contracts; g) information about the membership of the management organization in a self-regulatory organization and (or) other associations of management organizations, indicating their names and addresses, including the official website on the Internet);

— the main indicators of the financial and economic activities of the management organization (in terms of the execution by such a management organization of management contracts) (the following information is subject to disclosure: a) annual financial statements, including the balance sheet and appendices thereto; b) information on income received for the provision of management services for apartment buildings (according to separate accounting of income and expenses); c) information on expenses incurred in connection with the provision of services for the management of apartment buildings (according to separate accounting of income and expenses);

- information about the work performed (services provided) for the maintenance and repair of common property in an apartment building (the following information is subject to disclosure: a) services provided by the management organization in relation to the common property of the owners of premises in an apartment building, from among the services specified in the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491; b) services related to achieving the goals of managing an apartment building, which are provided by the management organization, including: services provided by the management organization to ensure the supply of utility resources to the apartment building; conclusion, on behalf of the owners of premises in an apartment building, of agreements on the use of the common property of the owners of premises in an apartment building on the terms determined by the decision of the general meeting (including agreements for the installation and operation of advertising structures); entrance security; security of collective parking lots; registration of premises owners in an apartment building; other services for managing an apartment building);

— the procedure and conditions for the provision of services for the maintenance and repair of common property in an apartment building (the following information is subject to disclosure: a) a draft management agreement concluded with the owners of premises in apartment buildings, homeowners’ associations, housing, housing-construction or other specialized consumer cooperatives, which must contain all the essential terms of the management agreement; b) information on the fulfillment of obligations under management contracts in relation to each apartment building, which must contain: a work plan for a period of at least 1 year for the maintenance and repair of the common property of the apartment building, measures to reduce the costs of work (services) performed (rendered) management organization, indicating the frequency and timing of such work (services), as well as information about their implementation (provision) and the reasons for deviation from the plan; information on the number of cases of reduction of fees for violations of the quality of maintenance and repair of common property in an apartment building over the last calendar year; information on the number of cases of reduction of fees for violations of the quality of utility services and (or) for exceeding the established duration of interruptions in their provision over the last calendar year; information on the compliance of the quality of services provided with state and other standards (if such standards exist);

- information on the cost of work (services) for the maintenance and repair of common property in an apartment building (information on the cost of work (services) of the management organization must contain: a) a description of the content of each work (service), the frequency of the work (provision of the service), the result of the work work (service provision), warranty period (if the quality guarantee of work is provided for by federal law, another regulatory legal act of the Russian Federation or proposed by the management organization), indication of design features, the degree of physical wear and tear and technical condition of the common property of an apartment building, which determine the choice of specific works (services); b) the cost of each work (service) per unit of measurement (per 1 square meter of the total area of ​​​​premises in an apartment building, per 1 linear meter of the corresponding engineering networks, per 1 square meter of the area of ​​individual objects related to the common property of the apartment building , for 1 metering device for the corresponding utility resource, etc.);

— information on prices (tariffs) for utilities. (the following information is subject to disclosure: a) a list of utility resources that the management organization purchases from resource supply organizations, indicating specific suppliers, as well as the volume of purchased resources and prices for such resources at which the management organization purchases them from resource supply organizations; b) tariffs (prices) for consumers established for resource supply organizations from which the management organization purchases utility resources. In this case, the management organization indicates the details of the regulatory legal acts (date, number, name of the body that adopted the act) that established such tariffs (prices). Information on tariffs (prices) is provided as of the day of disclosure of information; c) tariffs (prices) for utilities, which are used by the management organization to calculate the amount of payments for consumers).

Please give a written response within the 20-day period established by the Government of the Russian Federation of September 23, 2010 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings”__________________________________________________________ (in this case, the method of obtaining information is indicated (by mail or delivery personally to the consumer ).

If the request is sent electronically, the response to the request is given to the consumer’s email address within 2 business days from the date of receipt of the request).

"___"_______________ ___ G.

________ (signature)

Standards

What are the HOA's disclosure standards? What should be open to members and non-members of the partnership (Article 143.1 of the Housing Code of the Russian Federation):

— general information about the legal entity; — basic data on activities; — information on prices for works and services; — conditions for the provision of services and work, the procedure for their implementation; — what works and services are provided; — housing and communal services tariffs.

What is meant by general information about the company:

- what is the name of the company, its details, address - legal and actual, by whom it is registered;

— information about persons, individuals and legal entities, who are members of the partnership;

— information about the chairman, members of the board and the audit commission;

- operating hours of the company.

Data on economic activity is:

— estimates for the current and previous years, a report on their implementation; — minutes of meetings; — were there any audits, and if so, what was their outcome? — reporting by the audit commission; — data on contract agreements; — final accounting documentation for the past 12 months.

What information about services should contain:

— annual plan for the past and present year for repairs and maintenance, results of the past year;

— whether there were poorly performed services, if so, what measures were taken;

- what were the cases of payment reduction for poor quality of work or, for example, exceeding the period of planned hot water shutdown (for example, instead of two weeks there was a month).

If there have been cases of bringing an organization to administrative responsibility, data about this should also be made public - copies of the protocols, what sanctions were adopted.

Tariff data should be regularly updated and contain a detailed list of all tariffs, when and on the basis of which regulation they were established.

How the HOA can inform owners about information:

— through official printed publications;

- in the form of responses to requests;

- on the official website of the HOA on the Internet, also on the website of the executive authority;

— placement of advertisements on stands and information desks inside the HOA premises.

In emergency cases, if they refuse to answer requests or give out something incomprehensible, in order to “bring to their senses” officials from the HOA, you can turn to Rospotrebnadzor or the State Housing Inspectorate for help (read about inspections of HOAs by regulatory authorities). In the most extreme cases - to a court of general jurisdiction.

How to submit a request correctly

This can be done through mail - regular (Russian Post) and electronic. Or you can personally visit the HOA and submit an application (just make sure it is accepted and registered).

In the first case, the request is sent by registered mail with notification; the receipt and a copy of it must be kept. If you use the electronic version, you also need to save a copy of the letter.

The letter should concisely and clearly describe:

— who sends the request;

— address of the requester;

- full name of the organization, surname of the chairman;

— what exactly are you interested in, what documents?

Complaint to the State Housing Inspectorate

It should contain a concise and succinct statement of what interests you, as well as what measures you have taken previously. This is where copies of letters and receipts for their dispatch or the number of the registered application come in handy.

If contacting the HOA did not produce results, this should be indicated, and also mention what kind of response you received from them (or did not receive any). Refer to the law - you are asking for something about which you are required by law to be aware.

The State Housing Inspectorate will conduct an inspection and issue an order to the management of the partnership in the event of undisputed violations.

If even here the management of the HOA has not come to its senses, for example, you still do not understand where such draconian prices for utilities come from, you can contact the prosecutor’s office.

True, they really don’t like to deal with such matters and usually immediately recommend going to court to sort it out.

Lawsuit

It is drawn up in the first person in the number of copies based on the number of participants in the analysis and must contain:

— full name of the court district;

— from whom, passport information, registration;

— on the basis of what document do you own the apartment (for example, a gift agreement, indicate the number)

— name of the management organization;

— the requirement to recognize the actions of the HOA as illegal;

— links to current legislation;

— links to claim material;

— list of attached papers;

- date, signatures.

Liability for non-disclosure

What is the responsibility for non-disclosure of information to the HOA?

Avoidance of providing information is fraught both for individual officials and for the organization itself as a whole.

The fine for non-disclosure of information for a full-time employee, of course, will be less than for a legal entity - up to 50 thousand rubles. For an organization, the amount of recovery can range from 250 to 300 thousand.

Moreover, if guilty, the official is subject to removal and deprivation of the right to such activities for a period of up to three years.

For effective and competent management, both parties must be interested in transparency of information - both the partnership and those who created it.

In the end, all misunderstandings and litigation negatively affect, first of all, the life of the entire house.

Minutes of the meeting

It contains the following information:

Annexes to the protocol

— a list of participants, as well as bulletins and notifications. The latter must have evidence that they were delivered to the addressee.

The protocol is necessary to document the decision made and register the partnership with government agencies.

A partnership association today is probably the most efficient form of management, since issues related to house maintenance are resolved by it independently. And this, you see, is a big plus.

Step by step instructions in this video:

If you find an error, please select a piece of text and press Ctrl+Enter

.

To conduct full-fledged office work, the partnership must have numerous nomenclature and regulations and certificates, legislative provisions at the federal and regional levels, as well as packages of documents for the building itself and for the persons living in it, paying for utilities and being responsible for the maintenance of the multi-story building.

Most documents are organized into “cases”, located in appropriate folders.

Each case should not contain more than 250 documents.

Next, a new folder is created that can accommodate the same number of documents.

All documentation is classified and is in the custody of authorized persons.

Founding papers

The basis of office work is a package of constituent documentation that determines the legal status of the HOA:

1. Charter of the Partnership.
2. Minutes of the general meeting of residents on the creation of the HOA.
3. Minutes of the counting commission for counting votes at a meeting of owners of premises in an apartment building on the creation of a HOA.
4. The decision of homeowners taken at a general meeting of residents to create an HOA.
5. HOA certificate of state registration.
6. Certificate of registration with the tax authority.
7. Certificates of registration in extra-budgetary funds.

Important!

Constituent documentation is kept by the chairman of the board and is provided for various types of inspections. The chairman is obliged, at the request of the inspectors, to submit each of the listed documents.

Accounting

In addition to constituent documentation, accounting documents play an important role. All financial activities of the HOA are based on these documents.

, no less numerous checks are carried out against them than against the constituent ones.

Constituent documentation requires proper storage after the emergence of the legal basis; the very existence of the Partnership is associated with it. Accounting documentation is limited to current affairs, it is not based on the legislative basis for the existence of the HOA, but without it, or if it is not properly maintained, the activities of the HOA lose its meaning.

This documentation is maintained by the accountant and chief accountant, managing the movement of current activities through the processes:

• registration and transfer of funds;
• calculations and reports stored in the HOA and submitted for inspections;
• decisions made on the appropriateness of spending.

Reference!

The chief accountant makes all decisions based on the development of the economic profitability of the HOA, with the direct participation of the chairman. It prepares reports for stated periods and is also required to provide a report upon request for any transactions carried out within the scope of financing and refinancing.

Accompanying documents

In addition to accounting and constituent documents, the board of the HOA must keep:

1. All available documents for the building - acceptance certificates, all technical documentation, required certificates.
2. Documents for the land adjacent to the house. These include lease agreements or certificates of title.
3. An agreement on the provision of services concluded with each member of the partnership.
4. Staffing table for HOA positions.
5. Personal accounts of HOA members.

The board must have lists of residents of the house available

and keep separate records of those who are members of the HOA.

Documents must be stored properly, in a designated place, not accessible to public access. Accounting documentation is maintained by the accounting department and, at the same time, the chairman is responsible.

In addition to the constituent documents of the HOA, which is maintained by the chairman, he is obliged to maintain and properly store administrative and regulatory documentation. He has the right to transfer part of the responsibility to an authorized person appointed by order, responsible for the storage and maintenance of certain types of documents.

The logs kept in the HOA should be:

• intertwined;
• laced;
• numbered;
• sealed;
• signed.

Note!

It is permissible to file documents only after they have been executed and a mark of execution has been made.

List of mandatory documents for the HOA of a residential building

Today it is difficult to imagine an apartment building where no one is involved.
This is especially true for new development areas. As a rule, even at the stage of building a house, its future residents become aware of the name of the management company. In old-built houses, this option is not always available, so residents themselves create a homeowners’ association for competent management of the house.

– Certificate of registration with the tax office.

Mandatory

Mandatory documents include papers for an apartment building. After all, it is impossible to carry out construction management activities without knowing the technical features of the building.

• So, the documents for the MKD include technical and other documentation, which is provided for by law and indicates the acceptance of work, the results of inspection of communications, a cadastral plan, a land plot plan, an extract from Rosreestr, as well as other certificates that indicate the condition of the property.
• A mandatory document is the Register of Partnership Members, the obligation to maintain which is contained in Article 138 of the Housing Code.
• Since, in fact, the homeowners’ association is in close contact with various resource-providing organizations and companies that provide certain services, civil law contracts fall into this category. This is an agreement with credit institutions, an agreement with lawyers, contractors, service providers, agreements for emergency dispatch services.

The list of required papers also contains personnel documents . This:

1. Staffing schedule.
2. Job descriptions.

3. 
   Orders.

4. Work books.
5. Employee cards with personal files.
6. Personal Information.
7. Vacation schedules.
8. Employment contracts.
9. Evidence of compliance with labor protection requirements.
10. Working time sheet.
11. Statements, as well as other documents that are related to the work schedule of citizens.

They are mandatory for employees of the organization, as well as residents of an apartment building. An example of local acts can be :

• inner order rules;
• provisions on appropriate remuneration for work activities;
• instructions for carrying out office work;
• the procedure for using and storing personal data of HOA employees, as well as other orders.

Papers that relate to accounting are also required to be stored in the HOA in a special manner. Financial accounting documents include :

1. various registers;
2. financial plans;
3. primary accounting documents;
4. acts related to the accounting policies of the HOA;
5. financial statements;
6. audit reports, as well as other papers contained in Article 29 of the Federal Law of December 6, 2011 number 402.

Employment contracts.

There's never too much

In addition to the statutory documents, the residents' association is required to have internal and technical documentation .

The internal include the following:

a list of HOA members, which should indicate both the homeowners directly involved in the partnership and residents who are not members of it;

agreements with each member for the provision of services;

personal accounts of apartment owners;

• accounting documentation for conducting activities.

The list of technical documentation consists mainly of title documents for the building and the land under it :

act of the state commission on acceptance of the building into operation;

registration certificate, which must be updated every five years;

certificate of entry into the property register;

certificate of ownership of non-residential premises of the house;

explications and floor plans of the building;

schedules of operational responsibility and balance sheet ownership of resources;

The list of technical documentation consists mainly of title documents for the building and the land underneath it.

Negative judicial practice for HOAs

The owner of one of the residential premises contacted the HOA with a written statement, in which he asked for clarification of the reasons for the arrears in payment for utilities and the unsatisfactory provision of housing and communal services. The HOA did not respond to the owner.

Receipts

The functions of the HOA include filling out, issuing and collecting payment documents for residents of a multi-storey building.

One of the most common documents for this plan is the pay stub. It is the basis for providing payments, as well as confirmation that payments have been made.

Most often, the HOA is responsible for issuing the following receipts:

To make payments, standard receipt forms are usually used. An accountant is usually responsible for maintaining this documentation.

HOA. The receipt as a document does not have independent legal force and must be based on a previously drawn up agreement, being a form of payment for the services provided by the agreement, by agreement of the parties.

Attention!

Before demanding payment for utilities, the HOA must enter into an agreement for the provision of these services. The same applies to targeted contributions, which are usually made on the basis of a contract (subcontract).

The entry fee must be specified in the charter, and payment for services must be made on the basis of the relevant agreement for the provision of services.

What documents is the homeowners association required to provide at the owner’s request?

Residents want to know how their home is managed and contact the HOA with requests to provide documents to familiarize themselves with the information they need. But partnerships do not always agree and do so in vain. Read what information the HOA is required to provide to the owner of the premises in the apartment building upon his request. How to create a real estate owners' association

Why do owners have the right to get acquainted with HOA documents?

Owners of premises in apartment buildings and members of the partnership contact the HOA with a request to provide information about what work on the house has been carried out and what is planned, and how their funds are spent. HOAs do not always provide the necessary documents in response to written requests from residents.

Sometimes they motivate this by the fact that the partnership should provide information only to its members. This is the wrong position. Both members of the HOA and other owners of premises in the apartment building have the right to get acquainted with the documents. The list of such documents is specified in Art. 143.

1 Residential complex of the Russian Federation:

• charter of the partnership;
• certificate of state registration of the partnership;
• register of partnership members;
• accounting statements of the partnership: estimates of income and expenses, reports on their execution and audit reports, if any;
• conclusions of the audit commission of the partnership;
• documents confirming the partnership’s rights to property reflected on its balance sheet;
• minutes of general meetings of members of the partnership, meetings of the board and the audit commission;
• documents confirming the results of the general meeting of members of the partnership: voting ballots, powers of attorney or copies thereof;
• decisions of owners of premises in apartment buildings, confirming the results of general meetings of owners;
• technical documentation for an apartment building;
• other documents related to the management of apartment buildings;
• internal documents provided for by the Housing Code of the Russian Federation, the charter of the partnership and decisions of the general meeting of members of the partnership.

Is it possible to oblige the owner of an apartment building to join an HOA?

Negative judicial practice for HOAs

The owner of one of the residential premises contacted the HOA with a written statement, in which he asked for clarification of the reasons for the arrears in payment for utilities and the unsatisfactory provision of housing and communal services. The HOA did not respond to the owner.

The owner of the premises contacted the prosecutor's office, which opened a case of an administrative offense under Art. 5.39 of the Code of Administrative Offenses of the Russian Federation and referred the case to court. The court agreed with the position of the prosecutor and in its decision indicated that the chairman of the HOA violated:

The court brought an official of the partnership to administrative liability for unlawful refusal to provide information.

Positive judicial practice for HOAs

The Belgorod Regional Court considered the claim of the owner in the HOA, in which the resident referred to the lack of information on the official website of the partnership. Previously, the prosecutor's office refused to satisfy the owner's demands and bring the chairman of the HOA to administrative responsibility under Art. 5.39 Code of Administrative Offenses of the Russian Federation.

The court concluded that the lack of information on the website violates the legislation on the disclosure of information by organizations engaged in managing apartment buildings. There were no signs of unlawful refusal to provide information. Therefore, the court decided not to hold the chairman of the HOA liable under Art. 5.39 Code of Administrative Offenses of the Russian Federation.

Also, the court explained that in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, the owner may be refused to consider the case if he does not provide sufficient evidence of his appeal to the HOA with a request to familiarize himself with the documents. For which the chairman of the HOA will be held vicariously liable

Disputes over the right to make copies of documents

In the Krasnodar Territory, the owner of a premises in an apartment building filed a lawsuit against the HOA. She learned about the holding of an absentee meeting of the HOA members, at which members of the association’s board were re-elected.

The owner did not like the decision made, and she made a written request to the chairman of the partnership to familiarize herself with the results of the meeting and make copies of such materials, but the HOA refused her.

The court decided that the chairman is obliged to provide the owners of premises in the apartment building with documents for review for at least three consecutive hours during the working day without the presence of other citizens. At the same time, it is allowed to make extracts from documents, but not to make photocopies.

The chairman of the board of the HOA did not agree with the court's decision and asked that the owner familiarize himself with the documents in the presence of the chairman and members of the board of the partnership. The owner of the premises was also dissatisfied with the result of the process and asked to be allowed to make copies and to lift the restriction on the time of review.

The regional court upheld the previous decision, noting that the right to make copies of documents is not provided for by the housing legislation of the Russian Federation. Also Art. 143.1 of the Housing Code of the Russian Federation does not contain requirements for the presence of the chairman of the HOA when reviewing the documents.

The opposite opinion can be found in the decision of the Lyubertsy City Court No. 2-6305/2018. The owner of the premises in the apartment building appealed to the court with a request to give him the opportunity to familiarize himself with the documents and make copies of them.

The court indicated that the HOA is not obliged to provide owners with copies of documents, but the owner has the right to familiarize themselves with the documents and the HOA cannot create obstacles in copying documents.

The HOA indicated that the information requested by the owner was posted on the website. But the court noted that the website contains scanned copies of documents, and the owner has the right to familiarize himself with the original documents in accordance with clause 3 of Art. 143.1 Housing Code of the Russian Federation. How to formalize the withdrawal of a HOA member from the partnership

conclusions

1. Both members of the HOA and owners of premises in the apartment building who are not members of the partnership can familiarize themselves with the documents.
2. The HOA is obliged to provide upon request the documents listed in Art. 143.1 Housing Code of the Russian Federation.
3. Refusal to provide information is subject to liability under Art. 5.39 Code of Administrative Offenses of the Russian Federation.
4. We advise you to familiarize yourself with the current judicial practice, especially regarding the provision of copies of the requested documents. Sometimes courts make conflicting decisions.

What certificates are issued at the request of residents?

Certificates are one of the routine, but extremely important types of work, which is carried out by a special staff employee - a clerk or passport officer. In the absence of one, powers are delegated to a person chosen by the chairman, documented in the protocol.

The HOA board issues the following types of certificates:

1. About the composition of the family.
2. About residents living and registered in the apartment according to Form 9.

Certificates of family composition are usually prepared and issued immediately, upon the request of residents. They are provided to kindergartens, schools and other social protection organizations.

Certificates of the second type are usually prepared within three days after the request. They use an advanced search for information and reflect the history of apartment residents who remained unregistered for one reason or another. They are usually called “archival” certificates.

They are required when providing information to the registration chamber for registration of property transactions or for the participation of an apartment as an object of collateral value in a bank or other credit organization.

Reference!

All certificates are issued by the HOA based on entries in the apartment register.

The chairman of the HOA does not provide documents to the audit commission for verification

Since such actions are committed by police officers of the Law on the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation. Since 1 month has not passed since the registration of transactions made after August 1, 2006 (Veteran of Labor at the stage of consideration of the case). Contact the bank, make a deposit through the regional protocol, if you present a repeated violation of administrative offenses, then three days after the decision you can protect your rights. In accordance with clause 1, part 1, art. 10 of the Federal Law dated 02 10 2007 229-FZ (as amended on 03 07 2016) “On enforcement proceedings”, 229-FZ Article 129 213, 219 Code of Civil Procedure of the Russian Federation, as well as the powers of a lawyer, he has the right to return the specified funds. And only bailiffs do not have the right to notify you about the sale of something for which they signed due to valid reasons for missing the statute of limitations. So everything will depend on whether, as a rule, the court does not submit to you evidence of violation of the REQUIREMENT for CARD copies of such documents. And write in detailed information about this you have several disputes about this fact. First of all, you need to prove that you are already planning to leave the court, then the amount of deduction in accordance with Art. 36 of the RF IC, the court may declare itself bankrupt if spousal support is provided; if the child remaining after the divorce, you have the right to count on reimbursement of expenses for housing and utilities (Article 441 of the Civil Code of the Russian Federation). If you sold an apartment (house) or a share in an apartment that was in your ownership for less than 3 years, you will need to pay tax at a rate of 13 of the transaction price. (Article 220 of the Tax Code of the Russian Federation). The personal income tax declaration must be submitted to the Federal Tax Service at the place of residence no later than April 30 of the year following the year in which this income was received (clause 3 of Article 228 of the Tax Code of the Russian Federation). The amount of tax that you indicated in your tax return will need to be paid no later than July 15 of the year following the year you received income (clause 4 of Article 228 of the Tax Code of the Russian Federation). ..

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Hello Andrei! Even if you are not a member of the HOA, but are the owner of an apartment in this building, then according to Art. 143 note of the Housing Code of the Russian Federation You have the right from the management bodies of the partnership to receive information about the activities of the partnership and to get acquainted with the documents. Write a request to the HOA to provide documents for review; if they do not provide them, write to the prosecutor’s office, and if this does not help, go to court. Thanks for the question. All the best!

Registration of a power of attorney

Each of the HOA employees, as well as persons who have entered into a contract or service agreement, has the right to act on behalf of the HOA board, resolving issues and tasks entrusted to the partnership. For situations in which a representative will act on behalf of the HOA, a power of attorney will be required.

It is drawn up in favor of the person according to the general rules set out in the Civil Code of the Russian Federation. It requires stating the essence of the task that the trustee is solving on behalf of the partnership, as well as entering his personal passport data.

The power of attorney has no independent legal force and is valid only if a passport is simultaneously presented. It is certified by the signature of the chairman of the HOA and the seal of the board. In some cases, a notarized power of attorney is used.

After receiving the document, the authorized representative has the right to carry out the following actions on behalf of the HOA:

These and other actions are carried out on behalf of the members of the board of the partnership and for the benefit of the partnership.

If the former chairman of the homeowners association does not transfer documents

In addition, the changes made to clause 8.2. Article 162 of the Housing Code of the Russian Federation Federal Law dated June 4, 2011 N 123-FZ, allows you to unilaterally refuse to perform a contract in the event of choosing a new management organization or changing the management method.

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If the procedure for accepting and transferring cases is not established by the HOA Charter, then at the general meeting of the HOA it is necessary to adopt the Procedure for accepting and transferring cases when changing the chairman of the HOA. This can be done once and in the future you can use the Procedure for the Acceptance and Transfer of Cases approved by the meeting (see sample Procedure).

Staffing table

In order for employee positions to fully function in the HOA, the general meeting must resolve the issue of the number of such employees, as well as the functional responsibilities that need to be performed.

Reference!

The staffing table is a local act that completely models the staffing situation autonomously, without relying on external provisions.

When drawing up the staffing table, a link is given to the decision of the meeting and the list of staffing units approved by the meeting. The schedule is drawn up in the form of a table with the following required columns:

• name of the unit and official;
• number of staff units;
• official salary;
• the provided allowances, the conditions for their accrual and payment;
• total amount of payments;
• order number and date.

Each position must be approved by the staffing table, with which there should be no discrepancies in the accounting documentation.