Why do you need an agreement with the HOA?

Management of a large apartment building can be transferred to a management company, or you can organize your own residents’ association.

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That is, all organizational and financial issues will be resolved by elected representatives of all owners of residential and non-residential premises.

What is it needed for

The owners of residential premises in an apartment building, at their own request, create a community of residents, but those who do not want to join the community will have to enter into a utility service agreement with it.

The decision is made by the general meeting, and if more than half of the residents are in favor of forming a partnership, then this will be the basis for registering a legal entity as managers of the house.

Everyone who wants to be a member of the HOA signs the minutes of the general meeting, and the chairman is elected by a majority vote. A power of attorney is issued to him on behalf of the HOA members for registration with the state registration authority and the tax office.

After receiving the certificate, the HOA will carry out all economic activities to manage the entire household and provide various types of services to the residents of the apartment building.

For those residents who, for their own reasons, did not join the community, there is an obligation to enter into an agreement with the HOA, which will determine the procedure for the provision of utilities and other services, for example:

maintenance of elevator equipment;
cleaning of common staircases and other premises, removal of household waste, etc.;
repair and maintenance of all electrical equipment, monitoring the consumption of utilities, and everything without which residents would feel uncomfortable living in the house.

For those who will not be a member of the Homeowners Association, the company undertakes to provide any technical support for all communications, but to carry out this activity it is necessary to separately conclude employment contracts with highly specialized specialists or a separate service company.

The contract contains all the important conditions for the provision of services and their nominal value, it defines the rights and obligations of each party to the contract.

Organization of relations with contractors and resource supply organizations

The list of services (work) for the maintenance and repair of the common property of the house for the current year must be contained in the annual House Management Plan, which is drawn up in accordance with current regulatory documents (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, Rules and regulations for the technical maintenance of housing stock, Landscaping Rules, etc.) and available funding.
To perform the specified work (services), the management company engages contractors. Relations between the management company and contractors are built on the basis of construction contracts (including contracts for maintenance, maintenance and repair of the common property of the house and engineering infrastructure, external landscaping).

The management company enters into contract agreements both on a competitive basis and without a competition (based on business reputation, long-term positive cooperation, recommendations, etc.).

The conclusion and execution by the management company of resource purchase and sale agreements with resource supply organizations ensures the achievement of the goal of providing high-quality utility services.

The contractor is a legal entity that provides utility services, produces or purchases utility resources, and is responsible for maintaining in-house engineering systems through which utility services are provided to the consumer. Thus, the contractor (management organization) has a contractual relationship with the resource supplying organization, in accordance with which the management organization acquires utility resources, and on the other hand, with consumers for the provision of utility services.

In this regard, the responsibility to pay for the supplied utilities in full falls on the management company. In turn, the obligation to pay for utilities for the direct consumer (owners and tenants) arises only before the management company and follows only from the management agreement.

The relationship between the management company and contractors and resource suppliers is determined at the contract level.

The relationship between the management company is built on:

with contractors on the basis of contracts for the performance of work and services for the maintenance and repair of common property of the house;
with resource supplying enterprises on the basis of purchase and sale agreements for utility resources (Fig. 5.9.).

Management company - contractors

The management company, under concluded agreements, transfers to contractors the obligation to perform maintenance, sanitary maintenance and routine repairs of the common property of the house, engineering infrastructure and local areas.

1. parameters of the contract;

2. structure and content of contracts (planning);

3. selection of counterparties;

4. operational management (operational management includes both the contract management itself and the operational management of the contractor’s activities on the part of the customer);

5. control over the execution and completion of the contract.

The transfer of the common property of the house to the contractor is carried out according to the Transfer and Acceptance Certificate. The technical condition of the transferred objects must be reflected in the Technical Condition Assessment Certificate.

The scope of work performed by contractors must be subject to quarterly clarification by the parties, taking into account the actual financing conditions. The management company must provide in advance the appropriate amount of financing by carrying out appropriate work with the population to collect payments for housing services and adjusting the volume of work performed in accordance with the contract for managing the house.

Annexes to contracts must contain criteria for assessing the quality of work, as well as the distribution of costs by type of work and the amount of penalties for improper fulfillment of contractual obligations. Draft agreements concluded by the management company with contractors are presented in the appendix.

The management company accepts the work performed by contractors in accordance with their actual volumes and established quality criteria.

Management company - resource supply enterprises

To provide residents of the house with utilities of the appropriate quality and required volume, the management company enters into agreements with resource supply companies for the purchase of utility resources. In relation to the options for contractual relations between the management company and the owners of premises discussed above (management agreement, commission, agency), the provision of utility services can be carried out taking into account these relationships. That is:

option 1 (management agreement in its pure form). The contract for the supply of utilities is concluded by the management company. The rights and obligations, including payment for services, arise with the management company in full.
option 2 (management agreement and commission agreement/agency agreement by commission type). The contract is concluded by the management company on its own behalf on behalf of the owners of the premises. The rights and obligations arise with the management company with full reimbursement of its expenses by the owners of the premises.

Contracts for heat supply, water supply and electricity supply must include quantitative and qualitative indicators of the services provided, taking into account consumption standards approved by the local government. They should also clearly spell out penalties for improper performance of contract terms by service providers.

1) in order to provide residents of the house with utilities of appropriate quality and the required volume, the management company enters into agreements with resource supply companies for the purchase of utility resources;

2) The management company may take measures to legally disconnect debtors from certain services; in this case, the management company carries out this work jointly and with resource-supplying organizations.

Features of the relationship between management companies and resource supply (heat supply) organizations

Disagreements between management companies and resource supply organizations relate to determining the amount of supplied resources. Management companies are guided in their activities by the provisions of the Rules for establishing and determining standards for the consumption of utility services, approved by the Decree of the Government of the Russian Federation of May 23.

2006 No. 306, and the Rules for the provision of utility services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 307, and resource supply organizations apply Instructions for the distribution of thermal energy received from a heat source (CHP, boiler room) between individual consumers of thermal energy, agreed upon by the Management Permgosenergonadzor.

The methods for calculating the amount of thermal energy in these documents do not coincide, which leads to losses for the management company. Judicial practice develops as follows: Rules for establishing and determining standards for the consumption of utility services, approved by the Decree of the Government of the Russian Federation of May 23.

2006 No. 306, and the Rules for the provision of utility services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 307, regulate the relations of management organizations and consumers of utility services - citizens living in residential buildings. And relations between the management company and resource supplying organizations are regulated in accordance with Part 1 of Art.

548 of the Civil Code of the Russian Federation, provided for in Art. 539 – 547 of the said code apply to relations related to the supply of thermal energy through the connected network, unless otherwise established by law or other legal acts. The provisions of Art. 544 Civil Code of the Russian Federation, clause 1.3. Rules for accounting of thermal energy and coolant, approved by the Ministry of Fuel and Energy of the Russian Federation on September 25.

The management company's area of responsibility is the building of the house and in-house equipment. Resource suppliers are responsible for the supply of utilities and, therefore, for the operation of: main pipelines, heat supply points, boiler houses, etc.

The annexes to the contracts must contain all the necessary calculations for the volume of services and their cost.

Section applications:

Regulations on the procedure for competitive selection of organizations of various organizational and legal forms of ownership for the right to perform work and services for the maintenance and repair of the common property of an apartment building.

How to draw up a management agreement for an apartment building with a homeowners association and its sample

A standard contract must meet the following mandatory requirements:

executed only in writing in 2 copies;
reflect all significant circumstances related to the maintenance of residential premises;
establish the rights and obligations of the parties under contractual obligations, the degree of responsibility of each party to the contract.

Example text:

A detailed description of the object of the contractual obligations of the parties - a house, an apartment.
Data about the participants in the obligations - personal data of the apartment tenant, the responsible employee of the HOA, responsible for the registration and provision of utilities (usually the chairman).
The section on the object of contractual obligations describes the characteristics of the premises, utility equipment, and their condition on the day the contract was concluded.
A detailed description of all the rights and obligations of the parties to the transaction, indicate the extent of responsibility for violation of the clauses of obligations.
Display the cost of services provided.
Pre-trial settlement of possible disputes – who and when can apply for resolution of conflict situations.

A sample contract form can be viewed here.

But the HOA can enter into different types of agreements with the individual owner of the residential premises:

for managing public utilities of a separate residential premises;
providing maintenance of all home equipment - pipe leaks, electrical repairs, etc.

Whether the chairman of the HOA can receive a salary, find out in the article: salary of the chairman of the HOA. Legal services for HOAs are discussed on this page.

Legislative regulations

In accordance with Article 135 of the Housing Code, a partnership is created for the purpose of managing a multi-apartment building.

This is important to know: Transition to direct management of an apartment building: procedure

In addition, the Housing Code regulates in its articles other aspects related to the management of a house and interaction with its inhabitants.

Thus, Article 137 of the Housing Code provides for the possibility of a partnership to enter into acts in the form of agreements for the maintenance and repair of an apartment building with its direct participants.

In addition, in paragraph 1 of Article 138 of the Housing Code, the legislator obliges the partnership to conclude these acts-agreements with the owners in writing and strictly follow their clauses.

The issue of payment for activities is also under the jurisdiction of housing law. Code norm 155 obliges owners to regularly make payments that go towards paying the costs of the partnership’s activities for improving and maintaining the house in proper condition.

Read about the responsibilities of a manager in our article. Find out also how to register an organization in the Housing Information System.

With the management company and its sample

If the association of owners of residential premises agrees to transfer the management of business activities to a management company, then they enter into a separate agreement with it.

The preparation of the document takes place in several stages:

HOA activists are developing a draft contractual obligation of the parties to the transaction;
the project must be approved at a general meeting of residents;
agreement of the agreement with all members of the HOA, entry in the protocol on the approval of the agreement;
transfer of the document to the management company for review.

A standard contract should contain the following clauses:

an accurate postal description of the location of the house;
a list of all property of homeowners in an apartment building;
a list of all provided utilities and technical services;
designation of repair work being carried out;
the possibility of changing the obligations of the parties upon the occurrence of certain circumstances;
the procedure for financing the company is determined;
the cost of all work carried out in the house and the price for the consumption of utilities, the procedure for payment by the residents of the house are indicated;
The company's reporting to the chairman of the HOA is separately stipulated.

The agreement may contain other important clauses at the discretion of the members of the partnership. An example text of the agreement can be found here.

Sample agreement between homeowners association and homeowners

The party to the agreement is the HOA, on whose behalf the chairman . But if the charter of the HOA provides for the conclusion of an agreement by a general meeting of owners, then the decision to sign such a document is made at a general meeting of members of the partnership.

The obligation of the HOA to carry out work on the maintenance and repair of the common property of an apartment building is its statutory duty (clause 1 of Article 135, clause 1 of Article 138, clauses 1, 2 of Article 161 of the Housing Code of the Russian Federation). The HOA is obliged to manage the entire complex of property of the apartment building, and owners who are not members of the HOA cannot refuse to provide them with these services, since by virtue of clause 4 of Art. 37 of the Housing Code of the Russian Federation, the allocation of a share in the right of common ownership of the property of an apartment building in kind is impossible.

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With the owner of the premises

Residents of an apartment building who have recently arrived or who do not wish to become members of the partnership can separately enter into an agreement for technical and utility services for apartments with the HOA.

Unlike a typical agreement with all apartment residents, the owner, who has entered into a separate agreement on the same grounds and rules, can only pay the cost of utilities and technical services. He has the right not to pay all additional fees for the needs of the house, and no one has the right to demand this from him.

If for some personal reasons the owner of a residential premises does not declare membership in the HOA and does not sign a service agreement with him, then in any case the partnership has no right to refuse to provide him with utility services.

If the partnership has incurred expenses for the repair of common household facilities or equipment, but such a tenant refuses to pay his share, then the chairman can apply to a judicial authority to recover funds forcibly.

The main points of the agreement between the HOA and the individual homeowner:

Date and place of signing of contractual obligations.
Personal and passport data of the parties to contractual obligations.
Company name and HOA registration certificate number.
A complete description of the residential premises, the number of persons living in it (by name).
List of services provided and the cost of each separately.
How will the accounting of consumed resources be carried out - according to established standards or metering devices.
Features of consumption control.
List of all obligations and rights of the parties to the transaction, conditions for termination of the contract.
Duration of the obligations assumed.

An example text can be found here.

But there may be other premises in the house, how to correctly draw up an agreement with the owner of non-residential premises?

Such contractual relations between the HOA and the owners of non-residential premises have a number of features:

a number of non-residential premises are difficult to separate into separate real estate objects;
in practice, the owners have in their possession part of the basement, free rooms on the first floors of the building.

But concluding separate agreements with them for maintenance and technical support is also the responsibility of the chairman of the HOA.

A typical contract includes the same basic clauses as for a sole owner of an apartment, but it must include the following clauses:

A list of all general communications passing through non-residential premises.
List of services provided and their cost.
Method and procedure of payment.
Ordering repair and other maintenance work.
The method of access to communications located in private non-residential property is determined.

And steel points important for contractual relations.

HOA Manager

The vast majority of citizens in our country live in apartments, and they, as you may have guessed, are in multi-storey buildings.

Now try to remember how many well-groomed, beautiful and equipped high-rise buildings you have seen in your lifetime.

We are not talking about new buildings, but about those whose entrances are pleasant to enter, where there are clean elevators, a well-groomed courtyard, there are no traces of melting snow from the roofs, and where garbage cans are neatly placed.

In fact, there are very few such houses. This is also the fault of the residents, who cannot always maintain cleanliness where they live, as well as the fault of the management organization, because it is she who should stimulate the residents’ desire to maintain order, and she herself should be interested in ensuring that the house has the proper appearance .

As you know, today in our country there are two organizational and legal forms of managing an apartment building.

The first of them is a management company, an organization with a clearly established structure, rights and responsibilities regarding management.

But the owners of premises in multiple houses do not always resort to this form. Many more homeowners are attracted to the homeowners' association option. There are a number of reasons for this.

Firstly, this organization is headed by the owners of premises in an apartment building, which means that even the top of the organization will be interested in improving the building.

Secondly, this organizational and legal form works much more harmoniously, simpler and is subordinate to the general building meeting represented by homeowners. Of course, the partnership has its own hierarchy. In it there is the presence of a board - active homeowners, as well as a chairman.

It is the chairman who is largely responsible for carrying out certain actions regarding the arrangement of common property.

But more recently, the presence of a homeowners’ association manager has become a common occurrence in homeowners’ associations. Many owners still do not know about its presence, and those who do know cannot understand what kind of face it is and what important functions it performs.

Who is a HOA manager?

Let's start with what an HOA is. After all, if we start talking right away about who the manager is and what his functions are, you risk getting confused in the terminology and completely comparing the manager with the chairman, and these are, of course, different people.

So, a homeowners association is an organization represented as a legal entity.

This organization, despite the fact that it is non-profit in nature, manages the account formed by the residents for the needs of the house, and the main responsibility of this organization is maintaining the house and the surrounding area in proper condition and order. Let us explain how this manifests itself.

The responsibility of the partnership includes maintaining communications in proper quality, arranging the common area, timely elimination of breakdowns, and so on.

In general, the homeowners association manages the apartment building. The board of the partnership decides where to spend the funds, what to fix primarily, and what to pay attention to.

The chairman approves or rejects their initiative. Also, the highest governing body of the partnership is a meeting of the owners of an apartment building, which meets either on its own initiative or by convening the chairman to resolve general issues.

What does a HOA manager do?

The manager is an individual who also carries out improvement activities in the homeowners’ association. If it's convenient for you, you can consider him an employee.

This person is assigned his responsibilities as defined by the charter and the agreement with the owners. As a rule, these are predominantly administrative functions that are associated with organizing the work of all members of the partnership and employees.

At the same time, the manager may even have the status of an individual entrepreneur and be invited to perform certain duties. The manager can carry out his activities for a fee in several homeowners' associations at once.

In addition, it is important to know that two types of contracts can be concluded with this citizen.

The first is a well-known and popular employment contract.

It is concluded between the homeowners association and the manager. It specifies the main obligations of the parties, rights, as well as the necessary conditions for cooperation.

It is not uncommon for a civil law contract to be concluded with a manager, which also has legal force.

A distinctive feature of this act is the fact that the manager becomes an object that provides services under certain conditions for a certain period of time, and not a permanent employee as in the case of an employment contract.

HOA manager and HOA chairman - what's the difference?

Many people confuse the positions of chairman of a partnership and manager. In fact, these are two completely different positions that cannot even intersect.

The chairman is the head of the HOA, who deals with organizational and legal issues, as well as financial issues, analyzes the decisions and wishes of residents, and also makes his own adjustments and initiatives. His activities are administrative.

As for the manager, his activities are also related to administrative work, but he rather exercises control over the activities of hired workers, does not introduce any initiatives, but assists in increasing the functionality of the work of the partnership’s employees.

In addition, the manager of the HOA or the manager of the HOA is subordinate to the chairman as an employee to the employer, undertakes to comply with the internal regime and not violate it without good reason.

Why do you need a HOA manager?

The manager of a homeowners' association, as we have already said, increases the efficiency of the work performed. He simultaneously plays the role of controller, manager and analyst, deciding who should be replaced, what is best to concentrate on, and what can wait.

In recent years, the manager has become an indispensable figure, since, having relevant work experience, he can easily determine the main directions of action, as well as report on if any of the employees is doing a poor job or is completely shirking it.

Can an HOA operate without a manager?

For a very long time, homeowners' associations functioned without managers and this suited everyone quite well.

But today, when the goal of all organizations is to increase functionality, this position is simply necessary in order to have maximum control over what is happening and use resources as efficiently as possible.

True, many homeowners in apartment buildings do not understand the need for such a position. These individuals believe that they are paying money as a reward to a person who is completely undeserving of them.

In fact, this is not so and the work of a good manager will be visible after a couple of months. If not, then you can always raise the question at a general house meeting about his dismissal and termination of the contract with such a person.

How is the HOA manager appointed?

The manager is appointed by submitting his candidacy to the general house meeting. The chairman alone cannot hire such a citizen without a vote of the owners.

At the meeting, the need for the work of such a specialist is discussed, and his qualities are characterized. By voting, the owners of premises in apartment buildings decide whether they need such an employee today or not.

If the majority agrees with the chairman’s arguments, then at the meeting an employment or civil law contract is drawn up with this person.

The clauses of the agreement are also carefully discussed with the owners and if there is a misunderstanding, one or another clause is adopted by voting.

After this, when the agreement is signed by both parties at once, the manager is considered a full-fledged employee of the partnership and can begin his duties.

The legal status of the manager must be specified in the agreement with him.

If the manager is represented as an individual, then he cannot act as a executor of public services, then he acquires the organizational and legal status of a controller for the implementation of public services. If the manager is an individual entrepreneur, then everything is much simpler.

What does the job of an HOA manager include?

You should not think that the position of the head of the HOA comes down to control alone. It turns out that if everyone works hard and regularly carries out actions to maintain the house in proper condition, then the manager receives his salary in vain?

Actually no, the manager has many other functions, which we will try to list for you in full:

— The manager is directly involved in the selection of contractors so that they carry out proper maintenance or repairs of a multiple-use house.

— The manager on behalf of the partnership is authorized to enter into contracts for the supply of services.

— The third obligation follows from the second, in which the manager is obliged to report on concluded contracts not only to the chairman, but also to the board, and also, if necessary, to the meeting of homeowners in an apartment building.

— The manager has the right to select workers for existing positions, as well as dismiss them due to failure to fulfill any clauses of the contract.

— The previously announced function of monitoring the maintenance activities of an apartment building.

— The manager represents the interests of the chairman and the partnership in government bodies.

— The manager must prepare a quarterly estimate of the income and expenses of the partnership and submit it for review to the chairman, owners and board.

— The manager is the link between the owners of premises in an apartment building and the owners’ association, because it is not always possible for the former to directly contact the chairman, and since the manager is aware of all matters and is in fact the deputy chairman, it is possible to resolve all issues of interest with him as at least logical.

— If there are debtors among the owners of the premises, then it is the manager who must work with them to pay off the debt.

Otherwise, the manager helps to carry out the work of the chairman and is mainly engaged in administrative and business activities.

The financial sphere is beyond the control of the manager, which can only be entrusted to the meeting of owners or directly to the chairman.

Ways to interact with HOAs

There are two models of interaction between the manager and the owners’ association, and each has taken root to one degree or another.

The first model boils down to the fact that the manager exercises control when activities are carried out by hired workers on an ongoing basis.

This scheme is simple for the manager, but not profitable from the point of view of budget expenditure.

The second model boils down to the fact that the manager again exercises control, and the work is carried out by the contractor. The simplicity of this scheme is that the contractor is hired one-time and not on an ongoing basis.

This makes it possible to save money at a time when there is no work and there is no need to pay the employee for downtime.

Responsibilities and rights of the HOA manager

The manager has many rights and responsibilities.

We got acquainted with the latter in the paragraph above.

As for rights, the manager can count on timely payment for his work, vacation, and compliance with his labor rights.

No one has the right to dismiss a manager without reason, unless otherwise provided by the employment contract or civil law.

Responsibility of the HOA manager

Like any other official, the manager has punitive and financial liability for failure to perform any actions or violation of clauses of the contract.

The law does not provide for specific liability, but the charter of the partnership defines the possibility of recovering funds from the manager as part of prevention from incorrect actions.

If you still don't know if your home has a property manager, it's time to find out. It is likely that this person has been properly performing its function for a long time, and you didn’t even know about it.

With an accountant

The chairman can formalize a contract with the accountant on a permanent basis, or hire him for part-time work. But first of all, you should select a qualified and knowledgeable employee, preferably with your financial education.

The conclusion of a contract with an employee for the position of accountant should proceed according to the following scheme:

between whom and by whom an employment contract is concluded, personal data of the employee and the chairman of the HOA, the legal address of the company, the date and place of execution of the agreement;
in the general provisions section, you can determine the spheres of influence, requirements for acquired knowledge, and the ability to conduct accounting and tax reporting;
designation of all the rights and obligations of the employee, the degree of competence on certain financial issues;
working conditions – pay rate, possibility of bonuses, working hours;
the duration of the contractual obligations of the parties - urgent or indefinite;
the final provisions specify the resolution of all kinds of controversial situations and other important details of the contract.

The document is drawn up in 2 copies and signed by both parties to the transaction.

Charter of the HOA (homeowners' association)

This document contains twenty-one sections, which makes it quite large-scale. But this is not surprising, since the activities of a partnership of this type require detailed regulation for competent and efficient organization of functioning.

The document will be valid if it is correctly drawn up and completed. The correct entry of the name of the partnership is of great importance. There is a special place for this in the section called “General Provisions”.

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With a plumber

Plumbing work is probably the most frequently ordered by the residents of the house - some have a leaking faucet, some have a broken battery, so the HOA simply cannot exist without this specialist.

You should take a responsible approach to choosing an employee - he should not have bad habits and have extensive experience in similar work.

The HOA draws up an employment contract with a plumber individually, according to a standard scheme, it should consist of the following points:

general provisions describing the procedure for work, working conditions, place of work;
subject of the contract - description and procedure of all work carried out by the plumber in accordance with the job description;
the term of the agreement being concluded - a fixed-term or open-ended employment contract;
the working hours, the duration of the working day, the payment procedure, including for work outside normal hours, are determined;
all rights and obligations of the parties, the degree of liability under contractual obligations are spelled out.

In other cases, additional clauses may be added at the discretion of the parties to the agreement.

Differences between HOA and housing cooperative

10) submit to the authorized executive authorities of the constituent entities of the Russian Federation, specified in Part 2 of Article 20 of the Housing Code of the Russian Federation, within three months from the date of state registration of changes made to the charter of the partnership, certified by the chairman of the partnership and the secretary of the general meeting of members of the partnership, a copy of the charter of the partnership, an extract from the minutes of the general meeting of members of the partnership on making a decision to amend the charter of the partnership with copies of the texts of the relevant changes certified by the chairman of the partnership and the secretary of the general meeting of members of the partnership.

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Registration deadlines

The service agreements themselves, both with the management company and the individual owners of the apartments, must undergo mandatory registration, therefore the terms for all obligations of the parties to come into force immediately after registration, approximately 30 days later.

Employment contracts with employees are not subject to registration. Therefore, they can begin their work duties the next day after the document is issued.

How to liquidate an HOA, read the article: liquidation of an HOA. What taxes are imposed on the remuneration of the chairman of the HOA is discussed here.

How to make changes to the HOA charter is described at the link.

Is it necessary to enter into an agreement with the HOA?

To establish a Partnership, a decision of the meeting is required, where by a majority vote, citizens elect a board, headed by the chairman, according to paragraph 6 of Article 148 of the RF Housing Code.

For the legal functioning of the founder as a legal entity, it is required to receive more than half the votes of the number of citizens who are owners of apartments in the building, or their representatives. Upon receipt of the required number of votes, the establishment of a HOA is permissible, without the requirement for the rest of the citizens to join it.

Persons who did not vote for membership are required to make payments for utility services based on the conclusion of a supply agreement.

In other actions, they are limited from the benefits of using the Partnership organization.

Article 421 of the Civil Code of the Russian Federation regulates the voluntary nature of signing an agreement. Pressure on residents to sign it is considered an illegal act and can be considered by the prosecutor's office, Rospotrebnadzor, self-government bodies and similar organizations, even to court.

But in relation to the Partnership as a legal entity, other criteria are established that oblige the board to conclude a contract. Otherwise, the actions are considered illegal.