Features of joining and leaving the membership of a housing cooperative, as well as the rules for issuing a certificate of payment of a share

Joining residential complexes and housing cooperatives

The concept and purpose of housing and housing-construction cooperatives are regulated by Art. 110 of the Housing Code of the Russian Federation. This means a voluntary association of citizens with the right to membership in a cooperative in order to meet the need for housing and coordinate management activities in an apartment building (clause 1).

A housing cooperative means an association of citizens interested in purchasing an apartment building or its premises with the condition of its subsequent maintenance, which implies the emergence of the right to carry out reconstruction work.

When carrying out reconstruction work on the territory controlled by a housing construction cooperative, members of the association act as developers (clause 2). A housing construction cooperative involves the association of citizens for the purpose of carrying out construction and reconstruction work, which involves the subsequent maintenance and management of an apartment building. Members of the cooperative act as developers in accordance with the permit for the construction of the facility (clause 3).

Number of participants in the register

The number of participants in the association is established by clause 1 of Art. 112 of the Housing Code of the Russian Federation and cannot be less than 5 members, but not more than the number of residential premises located on the territory of the controlled property.

Is it worth joining housing cooperatives? Read here.

Composition and number of members

The management structure includes:

• chairman;
• audit committee;
• board employees;
• an accountant and sometimes a lawyer.

The question of how many people should be included in the management apparatus of residential complexes or housing cooperatives is not regulated at the state level. There is no guidance in this regard in the Housing Code. The number of the management structure is prescribed in the Charter and is based on the number of shareholders and the volume of work to be done.

There must be at least three people in the apparatus. When increasing the number, you should always form an odd composition so as not to receive an equal number of votes when voting.

The meeting of shareholders may at any time reduce or increase the number of representatives of the board.

Emergence of membership

Based on Art. 111 of the RF Housing Code have the right to join the ranks of members of the cooperative:

• individuals who have reached the age of 16 years;
• legal entities that are owners of premises;
• legal entities that are members of a housing cooperative formed before the entry into force of Federal Law No. 349 of November 30, 2011.

The following have a preferential right to join the cooperative community:

• low-income families recognized as needing housing in accordance with the legislation of the Russian Federation;
• persons who have acquired the right to use residential premises under a social tenancy agreement.

Admission is carried out on the basis of a written application from an individual or legal entity submitted to the management bodies of the housing cooperative (clause 1 of article 121 of the Housing Code of the Russian Federation). The application is considered within 1 month from the date of submission of the application, where the decision is made at a general meeting.

The basis for recognition of membership is the payment of the entrance fee provided for by the Charter of the LC, which is confirmed by the appropriate certificate (clause 2 of Article 121 of the RF LC).

Election and change of candidates

The chairman and members of the board are elected immediately after a unanimous decision is made at the general meeting to form a cooperative. All management positions are elected from among shareholders. A vote is held to approve candidates . Each individual candidate is approved by a majority vote, which is recorded in the minutes of the meeting. The term of entrusted powers is also recorded.

At the end of the term of office, the chairman or members of the management structure are re-elected.

Re-election may be held early. Any member of the cooperative has the right to propose a change of candidate.

Elected or re-elected persons are entered into the data on the legal entity. To do this, an application is submitted to the Unified State Register of Legal Entities, which records information about the legal representatives of the residential complex or housing cooperative.

Withdrawal and termination of membership

Membership in the housing cooperative is terminated in the cases provided for in paragraph 1 of Art. 130 Housing Code of the Russian Federation:

• voluntary expression of the will of a citizen;
• exclusion of a participant by decision of a committee of the Management Board for failure to fulfill obligations stipulated by the Charter of the LC;
• liquidation of a legal entity that is a member of the association;
• liquidation of a cooperative association (read about the liquidation and reorganization of housing cooperatives and residential complexes here);
• death or death.

The procedure for terminating membership is carried out on the basis of a written application from a citizen at his own request (clause 2).

Expulsion by decision of the general meeting occurs on the basis of gross violations provided for by the Charter, in the absence of valid reasons. These include delays in payments for shares or membership contributions to housing cooperatives, as well as the absolute absence of payments (clause 2).

In the event of death, relatives of a citizen who have entered into the right of inheritance receive the right to join the ranks of members of the association. The decision is made by the members of the association at a general conference.

Legal provisions

The legal status of members of the housing complex is regulated by articles 124-134 of chapter 12 of the Housing Code of the Russian Federation.

Share contributions

A share contribution to a housing cooperative for its intended purpose involves covering the cost of residential premises in a house controlled by the association, with subsequent entry into ownership.

The contribution is paid monthly or one-time, where its amount is established in accordance with the charter of the residential complex, but in the aggregate corresponds to the cost of housing. In addition to covering the costs of purchasing property, the share includes:

• costs of insuring real estate;
• expenses for utility needs, economic and repair maintenance of the premises;
• expenses for transfer of premises and registration of ownership;
• repayment of interest and payments under a mortgage loan agreement;
• payment of commissions and taxes.

Information on the size and timing of the payment is placed in the schedule established by the mutual fund, on paper or electronic media. Upon payment, the shareholder receives a document confirming payment of the contribution.

After payment of the total cost of housing, the shareholder of the housing cooperative becomes the full owner of the apartment on the basis of the corresponding certificate of payment.

Shares are often contributed to achieve other economic goals not related to the purchase of housing.

Share contributions are a mandatory requirement when joining a cooperative, are not taxed and ensure participation in the activities of the association, as well as receipt of cooperative payments.

In addition to paying the share, members of the association pay monthly membership fees for the maintenance and management of the housing cooperative, payment for utilities, repairs and housekeeping work.

The amount of payments is either fixed or tied to the area of ​​the premises where the fee is charged on the basis of the Charter. Payment is made according to the provided invoice in accordance with the payment schedule established when signing the agreement.

Obtaining ownership of an apartment

Based on Art. 30 Federal Law No. 215, the shareholder acquires ownership of the property after paying the full cost of the contribution. The obligation to transfer property into the ownership of a citizen, as well as reimbursement of associated costs in accordance with the agreement, lies with the cooperative.

Evidence of the right to receive housing is a certificate of payment of a share in the housing cooperative and an agreement on share accumulation concluded with the cooperative upon acceptance of membership. The registration procedure is carried out by contacting Rosreestr with the following package of documents:

• identification document;
• certificate of payment of the share;
• a document containing information about the registration of residential premises for cadastral registration;
• warrant for cooperative living space;
• receipt of payment of state duty;
• agreement on share accumulation (if any).

The application review period is 1 month. Upon making a positive decision, the cooperative participant becomes a full-fledged owner of the home, which is confirmed by a certificate of registration and ownership.

Certificate of paid share

A certificate of payment of share contributions is the only document of title evidencing ownership until the moment of registration. A sample document can be obtained from the Management Board. Help contains the following information:

• details of the legal entity acting as a cooperative association: name, registration address, OGRN and TIN;
• personal data of the shareholder: full name, date of birth, passport details and residential address;
• confirmation and date of membership;
• address of the property being transferred into ownership;
• the size of the share and the date of making the final payment.

The document is signed by the Chairman of the Board and the Chief Accountant, and a seal is placed in the lower left corner.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

Assignment of rights

Assignment of a share means the procedure for transferring the right to make share contributions to another person with the subsequent acceptance of membership in the cooperative and the ensuing obligations and rights. At the same time, the cost of residential premises will be lower than when initially joining the association.

Before concluding a transaction, the buyer must:

1. obtain written consent to the assignment from the developer;
2. clarify the procedure, conditions and frequency of making contributions;
3. clarify the amount of share and entrance payments;
4. make sure that the seller is a full member of the cooperative by requesting a cooperative book;
5. clarify the terms of payment for utilities before transferring ownership of the residential premises;
6. require a certificate of debt status, or a document confirming ownership, if the share is paid;
7. request payment documents indicating payments have been made;
8. require the notarized consent of the seller’s spouse to complete the transaction if the latter is married.

To complete the procedure you must:

1. notify the members of the board of the cooperative, having received their consent to the assignment;
2. draw up a written assignment agreement;
3. receive the minutes of the general meeting indicating a positive decision in accepting membership;
4. make an entrance fee;
5. register the transaction in Rosreestr.

Entry fees must be paid on the basis of a protocol confirming consent to accept membership in accordance with the assignment agreement. You can also include a clause in the contract that the fees will be returned to the buyer if membership is denied.

The main risks posed by the transaction are the possible dishonesty of the construction company or seller. Therefore, it is necessary to carefully select a developer and request documents from the shareholder confirming membership in the residential complex. To avoid incurring financial losses, payments must be made after ensuring the consent of the meeting of board members.

Register of participants

Based on Art. 123.1 of the Housing Code of the Russian Federation, a housing cooperative is obliged to keep records of its participants in a special register for the purpose of maintaining records and performing legally significant actions in the management and participation in the housing complex.

The register ensures the legitimacy and transparency of the association, and also allows for the identification of its participants and contains the following information:

• the full name of an individual or the name of a legal entity that is a member of the cooperative;
• project documentation for residential premises transferred into the ownership of the participant subject to payment of the share;
• size of entrance and share fees.

Based on Art. 45 of the Housing Code of the Russian Federation, it is necessary to maintain a register of all members of the association who have acquired ownership of residential premises after payment of the share. At the time of acceptance of membership, the LCD undertakes, on the basis of a written application from the participant, to provide the register for review within 5 days.

Legal options and responsibilities

The rights and obligations of members of the cooperative are established by the Charter of the LCD. In the list of recommendations, members of the association have the right to:

• apply to become a member of the board;
• receive comprehensive information about the activities of the cooperative;
• bequeath and assign a share;
• appeal in court the decisions of the general meeting;
• enjoy the benefits and results of the cooperative’s work;
• receive ownership of residential premises on the basis of paid share contributions;

Responsibilities of members of the Housing Committee:

• making timely payments for shares and membership fees;
• bearing the risk of losses within the limits of the paid shares;
• fulfillment of obligations prescribed by the Charter.

A member of the association who is not the owner of the residential premises has the right to rent it out to other persons with the consent of the members of the board of directors of the residential complex.

Term of office and frequency of meetings

The Charter of the Housing Committee provides for the terms for which members of the board or the chairman will be elected. In most cases, this period is 2-5 years.

Elected candidates may be re-elected if their performance is satisfactory to the majority of homeowners. Otherwise, the question of appointing new representatives is raised. Each official has the right to recuse himself, declaring his unwillingness to carry out his duties further.

Management meetings are held throughout the year. They are usually scheduled months in advance.

In the event of force majeure situations, meetings are held on an emergency basis.

We bring to your attention the following materials:

• Useful facts about the creation, liquidation and reorganization of a housing cooperative housing cooperative.
• Purchasing an apartment under an agreement with a housing cooperative.
• What is a housing and savings cooperative, is it profitable?
• Is it worth joining housing cooperatives?

General meeting of the Residential Complex

Members of a housing cooperative have the right to participate in the activities of the association. One of the forms of exercising this right is participation in the general meeting. The event is divided into types:

• annual, where participants meet within the period specified by the charter to resolve organizational and financial issues;
• extraordinary, where the gathering is carried out on the initiative of community members to resolve pressing issues on the basis of a written application.

The following issues are discussed at the meeting:

• selection of organs and methods of managing the gastrointestinal tract;
• decision on major repairs or reconstruction of a controlled facility;
• approval of the organizational plan for the coming year;
• report on accounting and management tasks;
• making a decision on the right to use the premises of third parties;
• making a decision to join the association, including on the basis of an assignment agreement;
• solving financial problems;
• consideration of individual problems.

An extraordinary meeting may be refused on the grounds of non-compliance with the rules prescribed by the Articles of Association. The application is reviewed within 5 working days.

Holding a meeting

The organization of the event takes place in several stages:

1. initiation - on the basis of the Charter (annual) or a written application of the participant (extraordinary);
2. preparation - creating an agenda, establishing the place and date of the event, appointing responsible persons;
3. notifying members of the cooperative by sending a notification by registered mail or posting it on an information stand in a common area; notification is carried out 10 days before the start of the event;
4. attendance of the event by members of the meeting and registration of participants in order to determine the quorum (permitted share of participation);
5. analysis of the agenda reflected in the notification;
6. registration of the decision by drawing up a protocol;
7. informing members of the cooperative who did not take part in the meeting.

Initiatives and issues not listed in the information agenda are not subject to consideration. The meeting is recognized as competent with the participation of at least 50% of its members.

Vote

Management and implementation of the rights of cooperative participants includes holding equal voting (Article 44 of the Housing Code of the Russian Federation). Features of the procedure based on Art. 48 Housing Code of the Russian Federation:

1. the decision is approved based on a majority vote;
2. a counting commission is elected to explain the voting procedure;
3. the permitted share of participants (quorum) is determined;
4. members of the Housing Committee who have not paid their share contribution do not have the right to participate in voting;
5. After the votes are counted, the voting results are announced.

A decision is considered competent with the participation of at least a third or half of the members of the cooperative, unless otherwise established by the Charter. The results are entered into the minutes of the meeting.

Protocol

The minutes of the meeting are signed by the chairman and secretary of the meeting or by at least 3 participants of the meeting. The document is drawn up in 2 copies within 10 days from the date of voting (Clause 1, Article 46 of the Housing Code of the Russian Federation).

The protocol contains the following information (Order of the Ministry of Housing and Communal Services dated January 28, 2021 N 44/pr):

• name and location of the cooperative;
• place and date of the meeting;
• date of notification of the meeting;
• number of participants and authorized representatives of the meeting;
• agenda;
• personal data of the person speaking at the meeting;
• Voting results.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

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The protocol is accompanied by a decision of the board of the cooperative, a list of participants, voting ballots, documents attached to the summons and notarized powers of attorney if an outsider acted in the interests of a member of the cooperative (clause 20 of the Order). Copies of the initiators' statements are additionally attached to the document.

If you are interested in our article on membership in residential complexes and housing cooperatives, then you may find useful materials on the creation of residential complexes and housing cooperatives, and on the purchase of an apartment under a housing cooperative agreement.

Execution of the decision

The execution of the decision of the general meeting is ensured by the chairman of the cooperative (Article 119 of the Housing Code of the Russian Federation). A copy of the minutes is placed in a publicly accessible place in the house for the purpose of informing members of the cooperative who did not participate in the meeting (Article 46 of the Housing Code of the Russian Federation).

The decision is submitted for execution and notification to the Housing Supervision authorities or the Management Organization and is considered valid if the form and content of the document meets the requirements of the regulations of the Russian Federation.

A protocol can be declared invalid only on the basis of a court decision.

Thus, anyone has the right to join the ranks of members of the Housing Committee . The basis for membership is the payment of membership, entrance and share fees, as well as a positive decision of the general meeting of the cooperative.

Elections of management and control bodies

The governing bodies of the cooperative are elected in the manner specified by the charter, regulations of the cooperative and other regulatory documents of the organization. Any member of the cooperative can submit his candidacy for the position of the management body by submitting a written application within a certain period, indicating the installation data and the position for which the person is applying. In addition to self-nominated candidates, candidates for a certain post are nominated by the board. Refusal to include a person in the list of candidates is due to the following reasons:

• the application was not submitted on time;
• the candidate does not meet the established requirements of the law, as well as the charter of the cooperative;
• the information provided in the application is incorrect or incomplete.

After the approved list of candidates, by voting at the general meeting, the cooperative elects a board. Control functions are assigned to the audit commission. An application for admission to the Audit Commission is also submitted within the established time frame in writing. One person cannot simultaneously be nominated for a position on the board and a position on the audit commission. The candidate must meet the requirements of the law and the charter of the cooperative for members of the audit commission. The supervisory body is elected by voting at a general meeting for a period of no more than three years.