A homeowners' association is one of the most common forms of managing an apartment building. The members of the partnership are the owners of residential premises in an apartment building.
A real estate owners' association is a concept similar to an HOA, but broader. This may include not only owners of residential property, but also non-residential property (for example, a person owns only land). TSN was created as a separate legal form in 2014.
Membership in the HOA is voluntary. This is a right, not an obligation. Therefore, you can leave the partnership at any time.
How to do it right? Read the article.
What law regulates the exit of one house from the HOA?
Section VI of the Housing Code of the Russian Federation regulates the procedure for creating, rights and obligations of a homeowners' association.
Article 143 of this section prescribes the process for leaving an HOA/TSN. There are 2 ways to terminate membership in the partnership:
- termination of ownership (for example, sale of an apartment);
- submitting an application for withdrawal.
All other methods that may be prescribed in the charter of the partnership are illegal.
Also, the concept of “homeowners’ association” is spelled out in Article 291 of the Civil Code of the Russian Federation. According to this article, the purpose of the HOA is to manage apartment buildings on a non-profit basis. That is, board members do not have the right to derive personal benefit from this activity. It is this violation that most often causes its members to leave the partnership.
Future intentions
The entire procedure for leaving one member or one apartment is carried out within 7 calendar days. In some cases, deadlines may change. The procedure does not involve depositing funds, except in cases where the applicant has debts to pay utility bills.
After completing the necessary documents, the applicant is given an official response from the board or administration of the settlement stating that he is no longer a member of the organization. If there are debts, the board will require that they be repaid initially.
After completing the procedure, the resident of the house will need to independently care for the territory adjacent to his apartment and pay utility bills directly to resource-supplying organizations. If an individual agreement has been concluded with managers, payment for housing and communal services can continue as usual.
The process of leaving the HOA does not have any difficulties and only requires its registration in accordance with the laws of the Russian Federation. To carry out the procedure legally, it is worth consulting with specialists in advance.
How to refuse an HOA
Article 148 of the Housing Code of the Russian Federation describes the responsibilities of the HOA board:
- comply with the charter of the partnership;
- maintain documentation (accounting, tax, register of members);
- manage apartment buildings or enter into management contracts;
- hire workers to conduct business activities (for example, cleaning common areas, minor repairs);
- enter into agreements with organizations supplying utility services in order to provide the home with energy resources;
- inform HOA members about the results of activities at general meetings.
Failure to fulfill or improper fulfillment of obligations gives the owners of premises the right to refuse the HOA.
Article 162 of the Housing Code of the Russian Federation gives the owners the right to terminate the agreement on the management of apartment buildings unilaterally.
Residents of an apartment building
Refusal from the HOA/TSN occurs in writing.
First, you can try to negotiate peacefully. A complaint is written addressed to the chairman. It describes what aspects of management of apartment buildings residents do not agree with.
If the board does not provide an answer or subsequently does not fulfill its promises, then the owners have the right to leave the HOA together with the entire house.
To do this, a general meeting of homeowners is held. There, by voting, the owners decide on the issue of abandoning the HOA.
If the owners of more than 50% of the house's area vote in favor, then the partnership is liquidated.
However, it is necessary to resolve the issue of a new way of managing the house here. That is, you cannot simply leave the entire house (or more than half of the residents) from the partnership. Within one month, you must choose a new form of management:
- enter into an agreement with the management company;
- create a housing office or a housing construction cooperative;
- form a separate HOA if there was previously a multi-house partnership;
- move to self-government.
After the general meeting, the HOA carries out the liquidation procedure: closes accounts, terminates contracts with energy suppliers and transfers all documentation to the liquidation commission or directly to the owners.
One apartment, one owner
The procedure for this exit is similar to the above, but much simpler. That is, the liquidation of the partnership does not occur.
The owner simply writes a statement addressed to the chairman of the board, in which he notifies of his resignation from the membership of the HOA.
Please note that if there are several owners in the apartment, then the exit of one from the partnership does not affect the membership of the others. Or each owner must write a statement.
Rights and responsibilities of citizens
In relation to the apartment
Attention!
The owner has the right to own, use and dispose of the residential premises belonging to him at his own discretion. He can provide an apartment for rent to another person for use. And also conclude a free residence agreement with him, but this use should not infringe on the interests of other citizens.
In addition to rights, the owner is obliged to comply with the necessary living conditions in the premises. He needs to maintain the living space in which he lives in proper condition. He must respect the rights and legitimate interests of his neighbors and follow the rules for the use of apartment premises. In addition, the owner is forced to bear the costs of maintaining common property and premises.
On our website you will find other information about the activities of the HOA and you will be able to find out how it differs from the management company and the housing cooperative, as well as what the HOA association is.
In relation to non-residential premises
Participation in a partnership organized in a house gives the right not only to attend the meeting, but also to make various decisions, for example, regarding non-residential premises. It is the members of the HOA who determine the need for a concierge rate, or what cosmetic repairs need to be done in the lobby, corridor or stairwell. And this directly affects the market value of apartments in this building.
Considering the fact that it is the association that manages the premises for collective use, the tenants, with its support, decide how to use the attic or basement of their home. And the registration of the adjacent territory for the partnership will allow organizing not only car parking, but also a children's playground.
Reference. In addition to the contributions made, government subsidies can also be a source of income for the partnership.
To do this, participants should remember that the municipal authorities, who are the owners of non-privatized apartments in the building, are also obliged to cover the costs of maintaining housing, and in case of refusal, the HOA has the right to forcibly recover part of the fees.
And also in accordance with Art. 153 of the Civil Code of the Russian Federation, a partnership may initiate the construction of additional structures with further extraction of income from them. For example, it is allowed, after obtaining all permits, to attach a store or cafe to a residential building and rent it out: it is quite possible that these payments will cover most of the collective expenses.
The owner of a private enterprise located on the territory of the house, regardless of membership in the partnership, is obliged to bear utility costs and spend money on maintaining common amenities in proper condition. In this case, an important point is what is meant by the costs of maintaining common property.
This clarification is due to Art. 210 of the Civil Code of the Russian Federation, which states that the owner of the property bears the burden of maintaining the premises and property located in it, unless otherwise specified in the HOA agreement.
In addition, according to Art. 39 of the Housing Code of the Russian Federation, owners of uninhabited premises are required to bear the costs of maintaining collective property in an apartment building. They are determined by shared participation in the right of common ownership.
Reasons and reasons for leaving
The reasons for leaving the HOA can be different. But the most common ones are:
- improper management of common property;
- improper distribution of funds received from payment of membership fees;
- the HOA board has lost the trust of the owners;
- fees for housing and communal services are increased;
- changing the form of management of multi-unit apartment buildings.
If an individual owner wants to exit, saving money may also be the reason. After all, you will no longer have to pay membership fees. And every family has a different financial situation.
How to leave the HOA - step by step procedure
The step-by-step instructions are as follows:
- Try to reach an agreement peacefully - express your complaints to the chairman, try to find a solution to the problems.
- If negotiations are unsuccessful, then begin the process.
- First, pay off all debts for utilities and membership fees.
- Request a quitclaim form from the HOA. If they don’t provide it, write it yourself by hand, or download it from the Internet.
- Complete the application in two copies - leave one with the HOA, and ask for a note about acceptance on the other. Alternatively, the application can be sent by registered mail.
- If you have no outstanding payments, then within a week the HOA must issue an order to expel you from the membership of this organization.
- Since the date of writing the application is the date of withdrawal from the owners’ association, then, starting from this day, you will no longer pay membership fees.
Interaction with owners
Often, when exercising the rights of an HOA, residents and board members have questions regarding the most problematic and controversial topics, including the relationship between the board and other owners.
Issuance of certificates
Sometimes tenants are faced with the fact that the board refuses to issue them certificates (about family composition or an extended extract from the apartment map) on the grounds that the owners owe rent. Does the HOA have the right not to issue certificates if there is a debt?
This is not a legal practice, which is often used by HOAs or management companies so that residents cover at least part of the debt. Issuing certificates is not a right, but an obligation of the HOA to its residents. This means that they are obliged to issue the necessary paperwork, even if the tenant has never paid his utility debt during the entire stay.
Breaking into an apartment
Another problematic question is whether the board or the chairman of the HOA has the right to inspect the apartment? The Constitution of the Russian Federation enshrines the right of citizens to the inviolability of housing.
Reference! Without the permission of the owner of the premises, no one can enter his premises, even if there is an emergency in the apartment.
There are only two cases when HOA employees can enter an apartment without permission:
- If there is a warrant.
- In the event of a threat of a terrorist attack or the occurrence of a natural or man-made disaster.
Thus, the board’s requirements for inspection of the premises under any pretext are taking meter readings, checking meters, measuring pressure in pipes, checking the temperature of the room, etc. - illegal.
A tenant can voluntarily let members of the board in, but if he is forbidden to enter, then nothing can be done about him.
Accrual of penalties
The HOA has the right to charge penalties for non-payment only if this is stated in the Charter adopted at the general meeting of residents. The accrual of penalties is a coercive measure designed to force the debtor to quickly pay the full payment for housing.
The procedure for imposing a fine does not come out of nowhere. It must be spelled out in the Charter. There are also special provisions of the Tax Code of the Russian Federation that determine the upper limits of penalties.
Attention! The amount of the penalty cannot exceed 1/30 of the current refinancing rate for each day of delay.
Signing the contract
Sometimes residents are outraged that the HOA forces them to sign service agreements.
In accordance with Article 137 of the Housing Code of the Russian Federation, HOAs have the right to enter into agreements with owners on utility services and the procedure for calculating payments.
In this case, the board has the opportunity, on behalf of the residents, to enter into various transactions with utility providers and fulfill its responsibility for maintaining the house. But the HOA has no right to force or coerce a tenant to sign an agreement; everything must happen according to the good will of the parties.
If there is no HOA agreement with the owner, then the residents will simply have to go to the representative office of the operating company on their own and conclude the necessary agreements.
Required documents
In addition to the application itself, you must provide copies of the following documents:
- passports;
- title documents for the apartment;
- technical documentation for residential premises;
- a certificate confirming the absence of debts for housing and communal services, payments for major repairs and membership fees.
Application for resignation, sample and rules for drawing up
The application is written by hand or printed on a computer.
The style of address is formal and businesslike. The essence of the appeal is briefly stated without any lyrical digressions or descriptions of personal complaints against members of the board.
Remember that in the application you are not asking permission to leave the partnership, but are informing them of the decision. You have every right to do this.
The text itself consists of three parts:
- Cap - the full name of the partnership and postal address, your last name, first name, patronymic and address of the living space.
- The main part is the word “statement” is written in the middle, you inform about the decision to leave the housing association, the reason for leaving (you don’t have to write it, only if you wish), you assure that you have no claims or outstanding debts.
- Conclusion - under the main text, put a date and sign.
The link provides a sample application. At your discretion, you can remove the reasons for your appeal from it.
After the order for your exit is issued, you must enter into an agreement to pay for energy resources. Because it is still necessary to pay for gas, heating, electricity, and major repairs.
You draw up this agreement either with the same HOA, or directly with resource supply organizations.
Minutes of the meeting on leaving the HOA, drafting and sample
Strict requirements are imposed on the minutes of the general meeting on the withdrawal of the entire house (or more than half of the owners) from the HOA.
First, the chairman of the general meeting and the secretary are elected. Their full name indicated in the protocol.
Next is the number of people present. But not just by the number of owners, but by indicating the square meters they own.
A quorum must be reached, that is, the owners of more than 50% of the living space of the house must take part in the voting.
Next comes the agenda, which should include the following issues:
- election of the chairman and secretary of the meeting;
- the issue of liquidation of the HOA;
- election of a liquidator or liquidation commission.
Voting for each issue is carried out separately. The number of people voting “for” and “against” is recorded.
At the end, the chairman of the meeting and the secretary put their signatures.
Sample of drawing up minutes of a general meeting. ⇐
Within three days after the decision to liquidate the HOA is made, send a notification about this to the local tax office.
The notification is filled out according to form No. P15001, approved by order of the Federal Tax Service dated January 25, 2012 No. ММВ-7-6/ [email protected] Download the notification form from this link.
Based on this notification, a corresponding note is made in the Unified State Register of Legal Entities (USRLE).
Within a month, while the liquidation procedure is underway, the owners must organize another general meeting. It resolves the issue of another form of management of the apartment building, or creates a new HOA.
The legislative framework
A homeowners' association is an organization created for the joint management of residents' resources at home and collective discussion of certain problems. To enter this organization, you only need a statement with the appropriate content. Creating and enrolling in a HOA does not oblige a person to do anything. The owner may leave this non-profit association at his own discretion. It is important to know this and not to succumb to provocations from other residents. According to the law, in order to leave the partnership, it is enough to write a corresponding statement. You can read more about this in the Housing Code of the Russian Federation, Article 143, paragraph 3.
To completely close an HOA, it is necessary to exclude 50% of the residents from this organization. According to the law, after this the association will be dissolved. Another way to liquidate an HOA is for all residents to decide to close it.
What are the consequences of leaving the HOA?
There will be no negative consequences of leaving. It is possible that relations with some neighbors will only deteriorate, since the size of their membership fees may be increased due to a decrease in the number of members of the partnership.
Also, among the negative aspects, it should be noted that you lose the opportunity to resolve issues of managing common property.
The positives include the following:
- access to all documentation is maintained, including financial reports (Article 143-1 of the Housing Code of the Russian Federation);
- Free time is freed up, which was previously spent attending HOA meetings;
- save money as you pay more in membership fees.
What are the consequences of refusing the organization’s services?
Leaving the association terminates the responsibilities associated with the resident's membership in the organization. In particular, the obligation to pay membership fees and the right to participate in the general meeting and participate in decision-making are terminated.
All rights and obligations relating to the property remain after this action. The former member of the partnership retains the right to receive information from the board of directors about its activities (minutes of meetings, financial statements, conclusions of the audit commission, etc.).
At the same time, the owner of the premises will no longer be able to influence the decision-making of the general meeting in any way from the moment he leaves the organization. There are no negative consequences of exiting.
For the partnership itself, a single refusal of membership in it only means the absence of membership fees. A massive withdrawal of members from the organization threatens its complete dissolution, since according to the law it is subject to liquidation when less than 50% of the owners of apartment buildings remain in it.
How to resign as HOA chairmen, step by step procedure
The position of chairman in a homeowners association is elective. The term of office is determined by the charter and should not exceed 2 years. But you can leave your post for personal reasons earlier.
Since the HOA is a non-profit organization, the chairman is not paid, and no entry is made in the work book.
According to Article 145 of the Housing Code of the Russian Federation, the decision on the election and resignation of members of the HOA board and its chairman is made by the general meeting of owners.
There are 2 ways to resign from the position of chairman:
- After the expiration of the term of office, do not nominate your candidacy for new elections.
- In case of early resignation from a position, either at their own request or on the initiative of residents, a general meeting is held. The election of a new chairman takes place there.
But until a successor to the position is found, the duties must be fulfilled in full. And then - transfer all matters and documentation to the new chairman.
How to leave the founders of an HOA, procedure
In general, the founders of the HOA are the owners of residential premises in apartment buildings. And they elect members of the board from among themselves.
The term of office of board members is up to 2 years. After this, the board is re-elected for a new term, or elections for a new board are held.
If one of the board members wants to leave the founders ahead of schedule, then actions similar to the sole withdrawal of the owner from the HOA are taken:
- a statement is written;
- Utilities and membership fees are paid;
- a package of documents is attached;
- An order to leave is issued within a week.
The difference will be that the application is written to the chairman. The name of a possible candidate for the position is also indicated (the latter is optional, it is done orally).
In conclusion, it should be noted that leaving a homeowners association is not for life. The law does not prohibit joining it again after some time. But before you do this, you need to think carefully. There is no need to go through the procedure of entering and leaving the HOA/TSN countless times.
