Housing cooperative, or housing construction cooperative, is a voluntary association of citizens or legal entities on the basis of free membership to meet their needs for real estate, as well as to manage residential and non-residential premises in the house.
Members of the cooperative, using their own money, take part in the construction, reconstruction and further maintenance of residential premises through the contribution of shares. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
8 (800) 350-31-84
Privatization of a cooperative apartment
- The so-called “privatization” is available only to a shareholder who has membership in a housing cooperative.
- If a spouse joins a cooperative during the period of family life, the second spouse automatically acquires the right to residential premises - property acquired during marriage is recognized as joint and divided into equal shares between the spouses in the event of divorce (Article 35 and Article 39 of the RF IC).
- Family members of the shareholder, even if they lived together with him, do not have the right to a cooperative apartment. Housing can be given to them as a gift or inheritance.
- If a shareholder pays the amount of the share contribution, but dies before registering the ownership right, the right can pass to his heirs. For example, if the testator leaves a will in which he includes cooperative housing in the inheritance (Article 218 of the Civil Code of the Russian Federation).
- If a shareholder dies, but he has a debt, the heirs will not be able to repay the remaining amount, because they are not members of the housing cooperative. However, the contributed share will be returned by the board of the cooperative. The residential premises will remain the property of the housing cooperative.
Membership in a housing cooperative, as well as in a homeowners association, is issued at a time for one shareholder. Now you are the payer, because... It is with you that the housing cooperative agreement was concluded. You will not be able to include your brother in it, even if he intends to help with the repayment of the share financially. Your brother will also not be able to apply for a cooperative apartment on the same basis as you. Try talking to your brother: he will probably be able to lend you the missing amounts, and you will return them to him immediately after paying the share contribution. For example, by exchanging a cooperative apartment. The transaction will need to be drawn up in the form of a receipt, and then certified by a notary.
Other types of payments
- Application fee – paid by applicants GSK pays office and administrative expenses.
- Targeted contributions are funds that are spent on specific activities or technical and repair work. The amount of payment is established by a meeting of all members of the State Committee or authorized representatives.
- Membership fee is a constant payment that covers the cooperative's expenses for administrative activities, salaries to employees, current expenses, incentives for various commissions and the functioning of the cooperative.
- Additional - charged to cover the organization's loss.
IMPORTANT: usually the statutory provisions spell out all possible financial relationships, including which deposited funds are subject to return and which are not.
Basically, when leaving the cooperation, it is the value of the share that is returned; other payments may be irrevocable. Read the charter carefully.
Here's a brief example of how to calculate contributions:
The total cost of business expenses for the whole year is calculated.
Construction work -900t.r.
Installation of security systems – 400t.r.
Cleaning the area 200t.r.
Admin. Costs: 300t.r.
Salaries – 800t.r.
900+400+ 200+300+800= 2.6 million rubles
The amount received is divided by the planned number of automobiles (vehicles) in the cooperative and as a result we get the amount of the annual membership payment for one car space.
Number of seats: 300
Total: 2.6 million/300 seats=8.7 thousand rubles.
8.7 – cost of the annual fee.
If a cooperative has fewer participants than parking spaces, then additional payments may be introduced to cover the loss.
It should be taken into account that the amount of payment per year may vary proportionally depending on the number of shareholders. These details should be taken into account before joining the cooperative.
Calculations and justifications for all payments are established by the initiative group when creating the charter, and amendments are introduced through a council with the participation of all members of the organization. But there may be differences depending on the features of the management of the GSK; they are recorded in the constituent documents.
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Certificate of payment of share
5.1. If you are not the owner of a housing cooperative, no one will provide you with such information. For what purposes do you need this, if to go to court, then write a petition to obtain the necessary information to file a claim in court. Your issue can only be successfully resolved with legal assistance. Always happy to help you!
""1. Civil rights and obligations arise from the grounds provided for by law and other legal acts, as well as from the actions of citizens and legal entities, which, although not provided for by law or such acts, but due to the general principles and meaning of civil legislation give rise to civil rights and obligations. In accordance with this, civil rights and obligations arise: “”1) from contracts and other transactions provided for by law, as well as from contracts and other transactions, although not provided for by law, but not contrary to it; ""1.1) from decisions of meetings in cases provided for by law; (Clause 1.1 introduced by Federal Law No. 302-FZ of December 30, 2021) “”2) from acts of state bodies and local governments, which are provided by law as the basis for the emergence of civil rights and obligations; ""3) from a court decision establishing civil rights and obligations; ""4) as a result of the acquisition of property on grounds permitted by law; 5) as a result of the creation of works of science, literature, art, inventions and other results of intellectual activity; 6) due to causing harm to another person; 7) due to unjust enrichment; ""8) due to other actions of citizens and legal entities; 9) due to events with which the law or other legal act associates the onset of civil consequences. ""2. No longer in force on March 1, 2021. — Federal Law of December 30, 2021 N 302-FZ. (see text in the previous “edition”)
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Is privatization of a cooperative apartment necessary?
Currently, the status of cooperative apartments is becoming a thing of the past and they are being replaced by homeowners' associations (HOAs). According to the law, cooperatives must be re-registered as HOAs, that is, shareholders change the charter of their association and become a partnership. In this regard, new rules for registering ownership of a residential share are being adopted. According to the standards of housing cooperatives, a member of the cooperative is included in the association and repays share contributions within the period specified in the agreement.
Each housing cooperative has a charter, which may stipulate additional conditions that do not contradict the law. Quite often, a clause is included on the possibility of re-registration and transfer of one’s share to an adult family member. The inheritance situation is also displayed, since the heir must become a member with the consent of the board, otherwise the heir must receive the appraised value of the property from the cooperative.
Underwater rocks
Share contribution in a housing cooperative: certificate from the housing cooperative about the paid share (sample and form).
assignment agreement When purchasing an apartment through a housing cooperative, you need to clearly understand that this path is more risky than through the DDU. And since these risks may not be clear to everyone, Quadrum will dwell on each of them in detail.
Firstly, as Emil Zakharyaev, managing partner of Rezidential Group, says, raising funds before the start of construction and sale of apartments through housing cooperatives is possible at the stage when land and property relations on the development site and technical documentation have not yet been properly formalized. This may lead to a delay in the construction process.
Secondly, there is no clear date for completion of construction with this form of purchasing an apartment. Irina Dobrokhotova confirms that the deadline for commissioning in the cooperative can be postponed: “The decision to postpone the deadline for commissioning a house can be made at a meeting of shareholders and occur repeatedly, without any penalties.” Thus, a house can take years to build, and the participants are not entitled to any compensation. This happens, as Maria Litinetskaya, managing partner of Metrium Group, explains, due to the fact that a member of a housing cooperative is considered by law as a participant in a voluntary association and is not protected by the law on the protection of consumer rights.
The third disadvantage of such a scheme also stems from the voluntary nature of participation - when signing the acceptance certificate, the owner simply has no one to demand correction of defects and shortcomings. As Vladimir Dronov, senior legal adviser, explains, if a housing cooperative as an independent legal entity has entered into a co-investment agreement or an agreement for participation in shared construction with a third party - the developer, then 214-FZ, the law on the protection of consumer rights, containing guarantees and methods of protecting the rights of shareholders, do not apply for members of cooperatives. In this case, the responsibility of the developer is regulated only by the concluded agreement and current civil legislation. If the housing cooperative and the developer are one person, then there is no one to make claims regarding the quality of construction.
Fourthly, the price of an apartment in a housing cooperative may rise, in addition, additional multi-purpose contributions are possible if there are no specific clauses regarding this in the charter
Vyacheslav Sultanbaev, head of the analytical department of Mobile Stroy XXI, advises: “Pay attention to the procedure for collecting contributions, target fees or changing the price per square meter. If additional payments are specified in the charter, the buyer will not be able to refuse them later
If the investor and the developer are different legal entities, the cost of construction must be clearly stated in the contract between them and cannot be changed, otherwise the buyer will have to pay extra if the cost of construction changes.”
Fifthly, there remains the risk of long-term construction
At the same time, Vyacheslav Sultanbaev draws attention to the fact that in the case of a public housing cooperative, if the developer goes bankrupt, the state will most likely come to the rescue, and in the event of bankruptcy of the housing cooperative, the members of the cooperative will solve all problems independently
In addition, for a long time, such construction of one’s own apartment did not protect the shareholder from double sales, since the participation agreement was not registered anywhere. In principle, in a good situation, the developer kept a register of shareholders, but this was not necessary. However, now, as Renata Belyaeva reports, legislation in the field of housing cooperatives contains a mandatory requirement to maintain a publicly accessible register of members indicating the size of the share contribution and the amount to be transferred upon completion of the construction of a specific residential building. Thus, double sales should be avoided.
Another disadvantage is the lack of mortgage lending for this form of real estate acquisition. This is not to say that banks do not lend at all, but there are fewer of them and they do it without enthusiasm. Maria Litenetskaya comments on this issue: “The state mortgage support program does not apply to housing cooperatives. In addition, the number of banks that provide mortgages for projects implemented through housing cooperatives is minimal.”
Cooperative apartment: legal practical initiatives
Only a member of the cooperative receives ownership of a paid-off cooperative apartment. Cooperative housing is recognized as joint, common property for spouses who are married at the time of payment of the share. In case of divorce, the share in the right to housing is alienated to both spouses. They can formalize the division of joint property through a peaceful agreement or through the court. If part of the money was contributed by one of the spouses before marriage, then the share of each during the division of property is calculated based on the amount paid during the marriage. Children living in a cooperative apartment have the right to live in it and are protected from eviction by Article 31 of the Housing Code, making it practically impossible to evict them. The charter may provide for the possibility of transferring shares of members of the cooperative to other adult members of his family with the issuance of the corresponding document - a protocol on the decision of the general meeting, on the basis of which further actions to enter into the inheritance are carried out. But this is only possible with the consent of the other spouse - the co-owner of the apartment.
- certificate of registration of the cooperative as a legal entity;
- charter registered with the Construction Committee;
- technical documents describing the property, protocols;
- a certificate of admission as a member of the housing cooperative, the date of full repayment of share contributions, certified by the seal of the residential complex with the signatures of the chairman and chief accountant;
- minutes of the general meeting of members of the cooperative, confirming the election of the accountant and chairman of the Housing Committee.
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.
Payment of shares in housing cooperatives
You are advised, your questions are answered, and the secrets of lawmaking are revealed to you by real professionals in the housing sector. You can’t privatize a cooperative “I lived with my husband for five years in a cooperative apartment. He recently died tragically. Tell me, do his adult children who do not live in it have any rights to this apartment? Can I privatize it? Raisa P." – If the share for a cooperative apartment is fully paid, then the apartment can be considered as inherited property.
The basis for state registration of such rights is a document confirming the payment of the share contribution and meeting the requirements of Article 18 of the Federal Law “On State Registration of Rights to Real Estate” No. 122-FZ of July 21, 1997. namely: “documents establishing the existence, origin, termination, transfer, restriction (encumbrance) of rights to real estate must comply with the requirements of the current legislation of the Russian Federation and reflect the information necessary for state registration of rights to real estate in the Unified State Register of Rights.
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Filling Features
This document must contain the following details:
- In the upper right corner indicate the name of the cooperative and its number.
- The date of the document and its number must also be indicated.
- The name of the document is written in the middle.
- Indicate the last name, first name, and patronymic of the person to whom the document was issued.
- Series and number of his passport.
- Residence address.
- The total and living area of the apartment may be indicated.
- The amount of the paid share contribution.
- To present which institution the certificate is issued to.
- Last name, first name, patronymic and signature of the chairman of the board.
- Last name, first name, patronymic and signature of the senior accountant.
- Wet printing.
Depending on the place of presentation, the document may contain other information:
- House wear and tear.
- Number of floors.
- In what year was the building put into operation?
- Year of construction.
Therefore, in your application for a certificate, you must indicate for what purpose you need it.
The application itself is written addressed to the chairman of the cooperative in free form, where you ask to be given a certificate of membership in the cooperative to present it to such and such an institution. Below is your signature, your initials and the date of writing.
Filling example
How to register ownership of a cooperative apartment
You must declare your rights to such housing in court, based on the length of time you have owned and disposed of the apartment. In this case, the actual continuous use of the object will need to be proven, for example, by receipts for payment of utilities, dated different periods of time, or checks confirming repairs.
However, due to the long history of cooperative “stories” and the death of owners, the real owners often have to go to court. At the same time, dates in certificates often play a decisive role in making decisions and may not always correspond to reality. This is because previously chronicles of cooperatives were kept by technical inventory bodies, which did not record transactions on the transfer of rights, and only from the late 90s this information began to be archived in Rosreestr.
Inheritance of a cooperative apartment not registered as property
If the testator did not have time to pay for housing or draw up title documents, then accepting the inheritance will be accompanied by certain restrictions. The user of cooperative housing becomes the owner of the property after paying the share. The housing cooperative issues the shareholder a corresponding certificate. After which the copyright holder can register ownership. The supporting document is an extract from the Unified State Register.
After the completion of the trial, the heir will have to contact the notary again. Based on the court decision, the notary will have to issue a certificate. After which the copyright holder will be able to contact Rosreestr and register ownership.
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:
- initiation - on the basis of the Charter (annual) or a written application of the participant (extraordinary);
- preparation - creating an agenda, establishing the place and date of the event, appointing responsible persons;
- 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;
- attendance of the event by members of the meeting and registration of participants in order to determine the quorum (permitted share of participation);
- analysis of the agenda reflected in the notification;
- registration of the decision by drawing up a protocol;
- 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:
- the decision is approved based on a majority vote;
- a counting commission is elected to explain the voting procedure;
- the permitted share of participants (quorum) is determined;
- members of the Housing Committee who have not paid their share contribution do not have the right to participate in voting;
- 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:
8 (800) 302-76-94
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.
Grounds for occurrence, procedure for formalizing and registering ownership of an apartment in a housing cooperative
According to paragraph 4 of Article 218 of the Civil Code of the Russian Federation , a member of a housing construction cooperative who has fulfilled its obligations , that is, has fully paid its share contribution for the apartment, becomes the owner of this property , that is, the owner of the housing cooperative apartment.
There are clear explanations from Rosreestr about this - a participant in a share accumulating cooperative becomes the owner of the property that is provided to him by the housing cooperative, immediately after payment of the share, regardless of whether the state registration procedure has been completed or not. The main thing is that the fact of transfer of the apartment into the ownership of the shareholder is confirmed by a certificate issued by the management persons of the cooperative.
Contributions
Share contribution is a set amount that each participant in the housing cooperative must contribute to the fund. By paying a certain amount of money on time, each shareholder has the opportunity to use his own share in the common property at his own discretion, subject to compliance with current legislation.
The share contribution is established and collected for the following purposes:
- Payment for the work of plumbers, repairmen, builders and other specialists hired to improve the territory.
- Purchase of materials used for restoration work.
- Planned repairs of the building, individual structures, public spaces.
- Investment in profitable projects with the prior consent of community members.
Reference! At the meeting, the participants of the housing cooperative determine a clear amount that is paid regularly.
Residents often have to pay additional fees when unexpected expenses arise. The procedure for making payments, the amount of payments, and the possibility of determining additional contributions are prescribed in the charter of the housing cooperative. To become a shareholder, it is often necessary to pay several contributions at the same time.
Transfer of shares in real estate in Russia in 2021
Under an assignment agreement, one party - that is, the seller of rights, for a certain amount of money can assign to another person - that is, the buyer, certain rights to the property, while transferring to him part (or all) of the responsibilities.
If the share is not paid in full, then the new buyer assumes not only the right to demand delivery of the apartment on time, but also the obligation to pay the share for this apartment. In this case, there is a transfer of both rights and obligations.
Inheritance of a cooperative apartment not registered as property
- it is necessary to provide the notary at the place of opening of the inheritance with an extract taken from the Rosregister about the rights of the testator to this apartment;
- within six months from the moment of death, you must accept the inheritance: obtain a certificate of the right to inheritance, or take any actions confirming the actual entry into the inheritance (Article 1153 of the Civil Code of the Russian Federation);
- It is not necessary to join a cooperative, but it will be necessary to conclude an agreement with the housing complex or management company on the maintenance of the common property of the house and payment for the supplied utilities.
According to Art. 1110 of the Civil Code of the Russian Federation, property passes to the heirs as a single whole and simultaneously to each of them. This means that the heirs themselves will have to divide the indivisible. How this will happen depends on the method by which inheritance is carried out.
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Privatization of a cooperative apartment: documents, nuances, deadlines
Moreover, if a citizen believes that his rights have been violated in some way, then he will need to go to court to resolve this situation. Judicial practice on this matter is quite extensive, but at the same time not unambiguous.
That is, it is impossible to privatize a cooperative apartment, since it does not belong to the state, but it is quite possible to become its owner. Moreover, the Housing Code of the Russian Federation (Chapters 11-12) indicates the need to transform housing construction cooperatives (HCS) into other legal forms.
Registration of a certificate of payment of a share
I believe that if a citizen joins a cooperative, pays a share, and the cooperative transfers an apartment to him, then this is a sham transaction covering up the purchase and sale. This doesn’t follow directly from anything, but let’s read it carefully:
4. A member of a housing, housing-construction, dacha, garage or other consumer cooperative, other persons entitled to share savings who have fully paid their share contribution for an apartment, dacha, garage, or other premises provided to these persons by the cooperative, acquire the right of ownership to the specified property.
How to register ownership of a cooperative apartment
To obtain a certificate of ownership of a cooperative apartment, you need to collect a certain package of documents and submit it to the registration authority for rights to real estate and transactions with it. As a rule, this is the Department of the Federal Service for State Registration, Cadastre and Cartography for COs. The required package of documents includes a certificate of the paid share, which is issued by the housing cooperative, an extract from the protocol on admission to membership in the cooperative, as well as an extract from the housing cooperative’s protocol on the transfer of ownership of the apartment to a member of the cooperative.
In addition, you will need a certificate from the BTI, an extract from the house register, a photocopy and the original marriage certificate (needed if you were married at the time of payment of the share). When submitting documents to the Companies House, it is necessary that your spouse is also present.
Rights of a member of a garage cooperative
Why and how is a certificate of family composition needed?
Rights are stipulated in one of the sections of the Charter, as the main document regulating all relations and conditions.
The basic set of rights of a member of the GSK is as follows:
- participate in community management by voting;
- after termination of membership, draw up agreements with the Board regarding the use of utilities and security;
- sell, donate your box and your share;
- request information about the results and progress of the GSK activities;
- have access to the documentation of the Management Board, including financial papers;
- participate as a borrower and as a lender of funds in the manner established by the Regulations and mutual lending;
- in case of liquidation of the cooperative, receive part of the common property;
- resign from the membership of the GSK at any time, etc.
If the housing cooperative does not issue certificates of payment of the share
They are not issuing a certificate The organization is bankrupt, they are asking me for a certificate from the bank about its consent to issue me a certificate of share. Certificate of payment of share I live in a cooperative apartment bought in 1966 by my father. Registration of property rights arising on the basis of a certificate from the housing cooperative, housing complex about the payment paid Forum housing cooperative - Yubileiny-3. The developer is in the process of bankruptcy, the procedure is underway. I was just given an inspection warrant. If violations are detected, file a lawsuit to impose the obligation on the cooperative to issue a certificate.
A question on the topic “The cooperative does not issue a certificate of payment of the share” is asked by Natalya (Ufa). Other ways to obtain data on payments to an employee when calculating benefits. You could say it’s an ancient title document for an apartment. The best answer about the certificate of the paid share was given on June 14 by the author The user has been deleted.
Cost of the registration procedure
Directly for registration of property rights, the Tax Code of the Russian Federation establishes a state duty of 2000 rubles. for an individual, for a legal entity - 22,000 rubles. Legal entities can also be members of consumer cooperatives, and in the same manner they have rights to the objects transferred to them.
The service for producing a technical passport will cost significantly more, depending on the complexity of the work, for example, the number of levels in your garage box, but on average it will be about 4000-5000 rubles.
A cadastral passport for submission to the registering authority is not required, since the “Road Map” for improving the quality of public services has been implemented, and therefore the real estate register now contains all the necessary information about the objects registered in the cadastral register.
