Members of the HOA ➡➡➡ 9 features, as well as the rights of the homeowner in the HOA, a sample register and rules of residence

How does membership come about?

The Housing Code of the Russian Federation determines the process of establishing membership in an organization.

In fact, membership in a homeowners' association arises if the owner of an apartment in an apartment building writes an application for membership .

Application for membership in the HOA - sample.

Anyone who purchases an apartment in a residential building where the other owners have created an HOA has the right to join the partnership .

To terminate membership, it is enough to submit an application to leave the ranks of members of the institution, or sell your real estate.

Those apartment owners who did not wish to become members of the community still have the right to receive all information about its activities in full, as well as to appeal in court the decisions made by the board.

To become a member of a homeowners association, you must submit an application addressed to the chairman, attaching a package of documents to the application. The package includes papers that confirm the rights of the homeowner to an apartment in a subordinate residential building.

Among these documents:

apartment registration certificate;
a signed agreement on the transaction for the purchase of housing;
confirmation of rights of inheritance, donation or other methods of acquisition;
extracts from the Unified State Register of Real Estate.

It is the extract when joining the community that becomes the main document. The remaining papers are evidence confirming the existence of an extract, without which the package will not even be accepted for consideration.

The submitted petition will be considered at a board meeting. then be brought to the general meeting . Here the decision is made finally by voting.

If the meeting makes a positive verdict, the details of the new community member are entered into the register.

Rules for living in an HOA – sample.

You can find a sample estimate of income and expenses of the HOA.

Watch the video: What is the HOA chairman responsible for?

What is the chairman of the HOA responsible for?

How to compose?

The current list of owners is downloaded directly from Rosreestr. Information is entered into the register on the basis of the following documents:

USRN extracts or certificate of ownership;
title documentation (deed of gift, inheritance, purchase and sale agreement, etc.).

Entries to the register are made only upon presentation of the originals of the above documents or their notarized copies.

The register can be stored in both paper and electronic form.

The document consists of 3 parts:

Header. It contains all the necessary information from the HOA:
legal address or home address;
TIN and OGRN;
the date on which the partnership was created;
a list of apartment buildings included in the organization;
total area of apartments in sq.m and all available non-residential premises;
contact details and full name of the manager (chairman).
Main (filled out in table form). It contains information that allows you to identify the participant, find out his contacts and share of property. Consists of the following data:
in the 2nd and 3rd columns “address of an apartment building”, enter the street and number of the house and apartment or non-residential premises;
in the 4th and 5th, containing mandatory information about the members of the HOA, information about all individuals or legal entities, as well as their telephone numbers, is filled out;
in the latter, the share of each participant is written down.
Final . It contains the signature and transcript of the signature of the head of the HOA, as well as a seal.

The document must be bound, numbered and sealed.

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

8 (800) 302-76-94

An HOA is created for the purpose of managing common property. Read our materials about the agreement with homeowners, about leaving the association, about holding a general meeting.

Who is a member of the HOA?

Who can be a member of the HOA? A homeowners' association is a company created by the owners of apartments in an apartment building.

This point is confirmed by Article 143 of the Housing Code of the Russian Federation.

Can a community not be the owner of a building ?

The question asked in the title can be answered immediately: a citizen who is not a home owner cannot be a member of the HOA.

Register number

What is the number of homeowners association members? According to the Housing Code, every HOA is required to have a register . This document is a list of everyone who is part of the partnership.

But the register is not just a listing of residents ; it contains quite extensive data about each, including information about the size of the share that is owned by a resident of an apartment building.

This information must be submitted to the HOA without fail.

The same applies to all kinds of changes that have occurred to the property.

The register must have a title page on which the following data is indicated:

name of the locality;
date of formation of the community;
legal address;
details of the authority where the registration took place, its number and date;
total area of the apartment building;
area owned privately by community members;
the organization’s share in the common area of the building;
information about the property of members of the partnership;
information about the person in charge of the register.

There are rules for document preparation. The register will need to be stitched, the pages numbered, and the organization’s seal affixed where required. A copy of the register must be kept by the relevant regulatory authorities.

As for the number of residents of the building sufficient to create a management organization, the number must exceed half of the total number of apartment owners.

Watch the video: Pros and cons of HOAs

Pros and cons of HOAs

Payments and settlements in GIS Housing and Communal Services

The organization's name has changed and now it is unclear how to change information about the payment recipient, which is entered automatically, in the “Payment Details” tab. We contacted the technical support service of GIS Housing and Public Utilities with a question.

To change the payment details of an organization in the “Payment Details” section, you must close the payment details that require editing. This is done using the context menu next to the name of the recipient's bank. After this, you need to click on the “Add new payment details” button, fill in the required fields and place the information. You can change the payee information manually.

In the current version of the GIS Housing and Communal Services, when entering data on payment details, fields have been added that need to be filled out in order to pay for residential premises and utilities using the payment details used to receive payments into the Russian budget system:

KBK;
OKTMO;
number of a personal account opened with the federal treasury authorities (financial authorities).

The question arises: in what case do these fields need to be filled out? The listed fields are considered mandatory if the current account number corresponds to the list of accounts of territorial bodies of the Federal Treasury

Some users of GIS Housing and Communal Services encountered a problem: when entering the OGRN in the “Payment Details” and “Register of Accounts” (overhaul) tabs, the system issues a checkpoint for the bank’s head office, and not a branch, as it should be. What to do in such a situation?

In this situation, it is necessary to add information about a separate bank division to the Housing and Communal Services GIS. You can do this as follows:

Go to the “Capital Repairs” tab – “Register of information on capital repairs”, click the “Add decision” button – “Decision on the method of forming a capital repair fund”.
In the tab that opens in the organization selection window, click the “Add new organization” button.
In the window that opens, fill in all required fields and click the “Save” button.

After these steps, it will be possible to create a separate bank division in a special account card.

An interesting and important question arises regarding calculations: what period must be included in the information on the status of settlements under a contract for common property if the contract was concluded free of charge? Regardless of the basis on which the contract was concluded, it is necessary to indicate the period for which it was concluded.

Rights and obligations of owners

According to the Housing Code of the Russian Federation, everyone who is part of an organization under an agreement has both rights and obligations. All aspects are regulated by the Charter, the provisions of which must be adhered to in everyday life.

What are the rights of HOA members? Everyone who owns residential property in an apartment building has the right to both join the HOA and leave it , depending on their own needs.

At the same time, no permission is required from members of the HOA board to manipulate their real estate. Everyone who receives membership in a management organization has the right to use its property, as well as fully participate in work in the housing and communal services sector.

Everyone has the right to express their own opinion or disagreement . And, of course, any homeowner has the opportunity to become part of the board or staff.

As for responsibilities, they are divided into two large groups.

The first group includes responsibilities that fall under the concept of “irremovable liability”.

Here are the main points to highlight:

making payments on time;
compliance with established norms and rules;
notifying the board of any changes affecting the property.

Failure to comply with the rules may result in punishment, including administrative punishment.

The second part is general responsibilities, which consist of fulfilling the requirements of the charter , compliance with the legislative norms of the Housing and Civil Codes. Housing must always be kept in order.

All premises, both residential and non-residential, must be used only for their intended purpose . The owner of the apartment and everyone who lives in it are required to comply with all fire safety requirements and sanitary and hygienic standards.

If the common property was damaged due to the fault of one of the residents of the houses, then repairs or compensation are made at the expense of the owner.

Adding an organization function to the GIS Housing and Communal Services

One of the questions that we sent to the technical support service of GIS Housing and Communal Services was this: how to approve the second function “Management Organization” with the territory of action “Moscow Region”?

The head of the organization or another official who has the right to act on behalf of a legal entity without a power of attorney (or individual entrepreneur) with the status “Administrator of the GIS Housing and Communal Services organization” can select the functions of an organization in the GIS Housing and Communal Services. This status is established in the ESIA. Also, another user of the system with the status in the Unified Identification and Automation System of “Organization Administrator in the GIS Housing and Communal Services”, who is assigned the right “Change information about the organization” in the system, can select the functions of the organization.

If an organization is already registered in the GIS Housing and Communal Services and you need to add an additional function, this can be done in the “Administration” section. Select the “Functions” sub-item, click the “Add Function” button, select the function you need, specify the subject and click “Save”.

After adding a new function in the “Administration” – “Employees” section, for each employee in the list who has the “Authorized Organizational Specialist” role, set the appropriate set of rights.

If the information about a legal entity in the Unified State Register of Legal Entities does not contain the section “Information about a person who has the right to act on behalf of the legal entity without a power of attorney,” you can check the information in the section “Information about the management organization”, and already in the extract of the specified management organization you can find the section “Information about a person who has the right to act on behalf of a legal entity without a power of attorney.”

Setting rights is available to an employee with the status “Organization Administrator in GIS Housing and Communal Services” in the Unified Identification and Automation System and with the right “Administer user access rights” in the system.

To assign access rights to MA employees, in the “Administration” – “Employees” section for each employee in the list who has the “Authorized Organization Specialist” role:

in the context menu to the right of the employee’s full name, select “Grant access rights to a representative of the organization”;
in case of granting access rights to the “Analytics and Reports” section, select the “Grant access rights to a representative of the organization to reports” item.

The changes made will take effect provided that employees of the organization re-enter their personal account.

GIS Housing and Communal Services support service on the principles of placing data in the system
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Legal status

The legal status of members of a homeowners association is regulated by the Housing Code of the Russian Federation, Chapter 14. The beginning of legal relations is the moment when the organization is created. Termination – the moment of termination of membership.

The structure of the management organization will also be determined in the Housing Code, which states that the leadership in decision-making rests with the general meeting .

The role of the operational body is played by the board, and the role of the controlling bodies is played by the counting and audit commissions. The Housing Code requires the institution to operate as transparently as possible on all economic and financial issues.

Any resident of an apartment building who has living space in it can at any time ask a question that interests him and receive all the documents he is interested in for review.

Posting information about OSS

In the minutes of the OSS there were two parts of the meeting: in person and in absentia. In the face-to-face part, decisions were made, but declared invalid due to lack of quorum. Regarding the second, absentee, part of the decision, the decision was made and there was a quorum. How to place information in the GIS Housing and Communal Services in this case?

According to paragraph 1 of Art. 47 of the Housing Code of the Russian Federation, if during the general meeting of owners of premises in the apartment building in the form of in-person voting, such a meeting did not have such a meeting, in the future, decisions of the general public meeting with the same agenda can be adopted by absentee voting. In this case, it is possible to place two protocols in the system:

protocol with the form of “in-person voting without a quorum”,
protocol with the form of “absentee voting with a quorum.”

The general meeting of owners of premises in an apartment building can be held in the form of absentee voting (clause 3 of article 47 of the Housing Code of the Russian Federation). In this case, only one protocol can be placed in the GIS Housing and Communal Services: with the form of “in-person and absentee voting”.

The presence of a quorum is determined in accordance with clause 3 of Art. 45 of the Housing Code of the Russian Federation: the meeting is competent, that is, there is a quorum, if the owners of premises in a given building or their representatives with more than fifty percent of the votes of the total number of votes took part in it.

Rules governing residence issues

All rules that relate to living in the house are prescribed and approved at a general meeting.

And not only the owners of real estate who are part of the institution are obliged to adhere to them, but absolutely all residents of the house.

The basis for the creation of rules and their subsequent adoption are legislative norms that are relevant at a certain point in time.

Also the basis will be the charter of the institution, requirements for the maintenance of the house and local area .

What it is?

The new edition of the Housing Code dated June 14, 2011 obliges the maintenance of a special list of the partnership, this is indicated in Part 4 of Article 143 of the Housing Code of the Russian Federation. There are several purposes for maintaining a general register of HOA members . And this:

obtaining reliable information identifying the owner;
the ability to communicate within the partnership if necessary;
data on their shares in the ownership of common property;
granting the right to familiarize with the lists of the partnership to any owner of premises in a residential building, regardless of whether he is a member of the HOA or not.

Reference! Part 5 of Article 143 also prescribes the obligation to provide comprehensive and reliable information, in addition, he must certainly notify about changes in information.

The requirements for providing contact information are determined primarily by the obligation to promptly notify owners about planned meetings, about decisions of meetings at which one of them was not present, etc. Let's take a closer look at the requirements for the contents of the register.

Information about the members of the partnership

Individuals (individuals) must provide their passport details.
Legal entities (LE) provide:
organizational and legal form;
OGRN/INN.
Foreign individuals:
passport of a citizen of a foreign state;
resident card.
Foreign legal entities:
Name.

Contact Information

Registration/residence address.
Phone number.
Email.

Share size

Indicating the size of the share in the common property right is necessary for the correct calculation of payment by the owner for the maintenance of the common property.

What agreement with the participants is the main one?

Contractual relations between participants and the management board are provided for by law. The agreement is concluded with each resident receiving membership separately.

The document will concern the provision of services for the maintenance of the house, property under common management, and so on.

In this case, contracts can be concluded separately both on issues of utility services and directly on the content.

The basis of the agreement is the current legislation, the charter of the institution, standards for using the house, contracts that are concluded with companies - representatives of the housing and communal services of a particular locality.

Protocol

A protocol is a document that is drawn up according to an accepted standard . There are three parts here. The first part is introductory, and it contains information that concerns the institution, the number of its participants who attended the meeting.

Also in the introductory part there is information about setting the date for the meeting or about its cancellation if the number of people required to make a decision does not appear.

The second, or main, part sets the agenda.

These are the issues that are being brought up for consideration, and data about the discussions on these issues .

The third part includes summing up the voting results.

The minutes must be accompanied by copies of notices convening the meeting, as well as voting forms.

It is necessary to attach a list of those who participated in the discussion .