Liquidation of HOA: procedure, sample applications

The partnership is independent of third-party organizations (MC), which is a definite plus. But sometimes it has to be eliminated.

Find out on our website how to create an HOA, in particular in an apartment building, as well as how to register it with the tax authorities and on the GIS Housing and Communal Services. You can also download a sample application for joining a HOA, as well as a sample service agreement with the owners from us.

Grounds for liquidation of a partnership

In 2022, the period of activity of the partnership is not limited. It is envisaged that the organization exists until the moment it is relevant for residents of an apartment building (MKD).

The grounds for terminating the work of the partnership may be as follows:

1. decision making by the majority of members of this organization;
2. violation of the provisions of Art. 136 Housing Code of the Russian Federation. This implies errors in the creation and registration of HOAs. For example, the minutes of the meeting of residential premises owners were incorrectly drawn up;
3. end of the partnership period. The deadlines are prescribed in the Charter. In addition, this act may indicate a specific goal upon achievement of which the HOA completes its work;
4. dishonest attitude of the members of the partnership to their duties. For example, this is expressed in non-compliance with sanitary and environmental standards;
5. allowing violations of the rights of apartment owners;
6. lack of stable funding for activities;
7. reduction in the number of members by 50% or more;
8. termination of activities by a court decision.

If the HOA is reorganized, apartment owners continue to bear obligations to pay for services in the housing and communal services sector.

Legislative framework for the liquidation of a partnership

The procedure for the activities and dissolution of the partnership is stipulated in the Housing Code of the Russian Federation. Liquidation is described by the provisions of Art. 141 Housing Code of the Russian Federation.

A homeowners' association is a legal entity . For this reason, when completing the work of this organization, Art. 61 Civil Code of the Russian Federation.

Who takes the initiative to liquidate the HOA

Not only the owners of residential premises can decide to liquidate the HOA.

The following persons also have this right:

• judges;
• state bodies performing control functions over the activities of the partnership.

If the HOA members do not support the liquidation initiative and do not discuss this issue at the meeting, they will need to go to the court of first instance.

In what cases is it required?

An HOA can be dissolved for many reasons.

Owners may feel that the organization has completed all necessary tasks.

And the legislation provides for the following cases of termination of the HOA:

• law violation;
• the reorganization was declared invalid by the court;
• the number of residents of the house is less than 50% of the total number of members of the organization;
• The decision to close the association of owners was made in court.

How to liquidate an HOA? Step-by-step instructions below.

Creation of an audit commission

Provisions of Art. 150 of the RF Housing Code indicate that the commission acts as a control body, which is elected by the members of the partnership.

The validity period is 2 years. The commission must have a chairman who is selected from among its members.

The auditor has obligations:

1. implementation of an audit of the partnership’s activities. The procedure is performed at least once a year. The responsible person undertakes to provide the meeting of homeowners with the results of the measures taken;
2. generating a report on the estimate of income and expenses of the partnership;
3. preparing reports on your activities.

The commission may include a citizen who is trusted by the members of the HOA. However, members of the board of the partnership cannot conduct an audit.

Voluntary closure

You may be interested in: What is a technical passport for an apartment and why is it needed?

By decision of the owner, the partnership can be closed in the following situations:

• If the organization does not fulfill its tasks, which are provided for by the statutory documents.
• A large debt has accumulated for utility services, which is a consequence of the ineffective management of the organization.
• The end of the period for which the partnership was created.

The procedure for liquidating a non-profit organization of homeowners

Provisions of Art. 141 of the RF Housing Code reflect the procedure for liquidating a partnership. There are 2 stages: main and preparatory.

The step-by-step instructions at the initial stage look like this:

• taking the initiative to liquidate the HOA. It can be expressed by a general meeting of owners;
• formation of an agenda for a meeting of the partnership, where the issue of terminating the organization’s activities is decided. The chairman is responsible for drawing up this act;
• voting takes place. The decision to liquidate the HOA is considered adopted if at least half of the homeowners vote for it.

The results of the meeting are documented in the form of minutes. Apartment owners will need to write a letter of resignation from the partnership.

Important! The decision will be recognized as legal even if there were no members of the board or chairman at the meeting.

Main stage

Next, the instructions provide for going through the main stage.

It includes the following actions:

• creation of a commission conducting liquidation;
• preparing an application and sending it to the Federal Tax Service;
• sending notifications to all apartment owners about liquidation. For this purpose, the media operating in the municipality can be used;
• creation of an interim accounting report. The existence of debts to government agencies is established;
• sending papers to the Federal Tax Service.

The members of the commission are responsible for checking the correctness of documentation and compliance with laws.

Documents to be submitted

When a community is closed, the following is submitted to the registration authority :

• liquidation balance sheet;
• application in the prescribed form;
• receipt of payment of duty.

You can learn how to complain about or leave an HOA from our articles.

Documentation for liquidation

To terminate the activities of an HOA, you need to collect certain documents.

The list includes:

1. liquidation application certified by a notary office;
2. information about the organization’s balance sheet;
3. a document confirming payment of the state duty;
4. notification of the Pension Fund of the Russian Federation about the reduction of employees;
5. minutes of the meeting of residential premises owners.

The listed acts are adopted by the tax authority. Sometimes the papers are returned to the applicant. The reasons for such a response are indicated in the covering letter. They may give you some time for revision.

Sample meeting minutes

After the meeting of owners of residential premises, a protocol is drawn up.

You can use the sample below:

PROTOCOL No. 5

General meeting of homeowners

at the address: Moscow, Mayskaya st., 56

Moscow city 12/01/2022

The form of conduct is correspondence.

The total size of residential and non-residential premises is 6000 sq.m.

The owners of MKD premises cast their votes with a total number of votes equal to 35,000 sq.m., which is 52% of the votes of the total number of owners. Quorum present. The meeting is legal.

AGENDA:

1. Decision of procedural meaning.

2. Liquidation of the Homeowners Association “Mayskaya, 56” due to the absence of members of the association.

2.1. Election of a commission to terminate the activities of the HOA.

2.2. Liquidation period.

2.3. Selection of a management organization.

1.Procedural questions

Candidates presented: Chairman of the meeting - I.I. Ivanov, secretary - S.S. Sidorov, counting commission - P.P. Petrov.

Voting results:

By a majority vote (70%) it was decided to appoint the listed persons to the specified positions.

2. Liquidation of the Mayskaya 56 Homeowners Association due to the absence of HOA members

Proposed for voting: to terminate the activities of the Home Owners Association “Mayskaya, 56” due to the lack of members (registration date 03/21/2001, OGRN 983665432176).

RESULTS:

Terminate the activities of the HOA, which was voted for by 75% of the members.

2.1. Election of the liquidation commission.

For voting, it was proposed to elect the following candidates to the commission: Georgieva O.P. (appointment 8), Kirikov N.K. (appointment 98), Stepanov K.U. (quarter 10).

Solution:

Elect these persons to these positions, for which 70% voted.

2.2. Liquidation period.

For voting, it was proposed to determine the period for completion of the partnership's activities within six months from the moment the decision was made.

Result:

Determine the period for liquidation equal to 6 months.

2.3 Selecting a management organization.

Proposed for voting: to select LLC “Managing” as the managing organization

Solution:

Select Managing Company LLC as the managing organization.

Chairman of the meeting ____________________________ Ivanov I.I.

Secretary of the meeting ____________________________ Georgiev O.P.

Minutes of the meeting on the liquidation of the HOA

Liquidation of an HOA with debts

If an organization has debts to third parties, it is obliged to pay them or go through bankruptcy proceedings.

In the latter case, the following conditions are taken into account:

1. inability to pay debts within 3 months;
2. having a debt of more than 300,000 rubles.

If these conditions are not met, the activities of the HOA are terminated with debts, but without bankruptcy. The court sets a period for debts to be covered by members of the board of directors of the partnership.

Who manages the house after the liquidation of the HOA is provided for in the Housing Code of the Russian Federation. The meeting of homeowners has the right to choose a management company, to which the authority to manage the apartment building is transferred.

Cost, results and reasons for refusal

The fee is 4000 rubles. The total cost of the process consists of the costs of the procedure itself, publications, notifications, etc. plus fees. It is impossible to say in advance how much the closure will cost.

In hand, after the registration of closure is completed, a certificate is issued stating that the community has been liquidated , and the fact has been registered with the relevant service (registration certificate).

They can refuse at any stage of closure. For example, the Tax Service will consider that the documents, in particular the application, have been completed incorrectly, or it will turn out that the register does not contain a record of the process that has begun.

The court may not recognize the requirements as legal, seeing them as violations of the law.

Let us note for reference that the size of an organization that does not meet the requirements of the law is not the only reason that can lead to its closure. The following may also serve as a basis :

• membership fee. Their late payment;
• improper maintenance of housing;
• failure to comply with technical and sanitary standards;
• The rights of residents, both those in the community and those not, are infringed.

In any of these cases, the court may hold the management of the partnership liable, but also refuse to liquidate the plaintiff.

Therefore, if you really need to close an organization, you will have to prepare for this carefully.

a qualified lawyer in the preparation .

You can learn how to re-elect the chairman and members of the board from our article.

Liquidation of a partnership by court decision

A non-profit organization of homeowners has the same status as legal entities. Termination of the partnership's activities is based on the provisions of the Civil Code of the Russian Federation.

The judicial procedure for the abolition of an HOA is applied if:

• a state or municipal body, during verification activities, invalidated the registration of the organization. In this case, a statement of claim is filed stating that the partnership is committing a gross violation of the law. Only those shortcomings that cannot be eliminated are taken into account;
• It was revealed that the organization carries out activities that require a license. However, this act was not received by the partnership;
• it is established that the HOA is carrying out actions that are illegal. There is an implied violation of the Constitution of the country or laws, regulations;
• recording the systematic implementation of activities that contradict the goals reflected in the organization’s charter;
• the continued existence of the HOA is impossible due to external circumstances.

A state or municipal body forms a statement of claim and sends it to the judicial authority. A court order to abolish an organization imposes an obligation on the founders or members of the HOA to carry out the liquidation.

If the organization has debts, they are paid from the property of the partnership. When there is not enough ownership, board members respond with their own funds.

Thus, the termination of a partnership occurs for various reasons. Specific deadlines for liquidation are not established by law.