Why are applications for joining and leaving a housing association needed and how to draw them up correctly?

Home » Membership in the HOA » Application for joining the HOA in 2021

In accordance with Article 143 of the Housing Code of the Russian Federation, membership in a homeowners' association arises from the owner of premises in an apartment building on the basis of an application to join the homeowners' association.

There is no officially approved application form for joining a HOA.

Our portal recommends adhering to the following rules for registering and submitting an application to join a homeowners' association.

Registration and submission of an application to join the HOA

  1. It is necessary to make an application in writing (preferably using computer technology).
  2. In the application, indicate the following details: - to whom the application is addressed: name of the HOA, address of the HOA, surname and initials of the chairman of the board; - on whose behalf the application is being submitted: last name, first name, patronymic of the applicant (or the name of the legal entity and the last name, first name, patronymic of its representative), address of the applicant, contact telephone number, contact email address, for a legal entity it is also advisable to indicate the OGRN and TIN, for It is also advisable for an individual to indicate passport details; — information about the premises owned by the applicant: name, address, area; — information about documents confirming ownership of residential or non-residential premises in an apartment building: certificate of ownership or extract from the Unified State Register of Real Estate (series and number of document, date of document, type of ownership, date of registration of ownership); — intention to become a member of the HOA; — applicant’s signature, date;
  3. The application must be submitted to the HOA board with the obligatory receipt of an incoming mark confirming receipt of the application by an authorized person: date of receipt, signature, position, surname and initials, incoming number, stamp or seal of the HOA. If the HOA refuses to put an incoming mark, we recommend sending the application by valuable letter with a list of the attachments. At the same time, in the inventory of the investment, be sure to write: “An application by such and such a person to join the HOA of such and such.”
  4. From the moment the HOA receives your application, you will become a full member of the partnership. No approvals or permissions from the governing bodies of the HOA (general meeting of members, board, chairman of the board) are required to join the partnership.
  5. Based on your application for membership, you are required to be included in the HOA register and given all the rights of a member of the partnership, including the right to participate in the general meeting of members. Also, from this moment on, you bear all the responsibilities of a member of the HOA, including the payment of mandatory contributions established in the partnership.
  6. If you submitted an application to join, but you were not included in the register of members of the partnership or your rights are otherwise ignored, then you can go to court.

Homeowners' Association "Parkovaya 20"

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Joining a partnership: procedure

Whether or not to join a HOA is the right of the owner living in the house where the HOA is formed. No one has the right to force him to join or leave the partnership. Everyone decides for themselves.

The basis for entry is a personal statement from the home owner. After the application is considered by the board of the association, the decision to admit the owner to the HOA is made by the general meeting.

A citizen who wishes to join the HOA must attach the following documents to the application:

  • certificate of registration of ownership;
  • extract from the state register.

If the apartment was purchased, then the purchase/sale agreement was received as an inheritance - inheritance documents, deed of gift, etc.

Important! Only an extract from the state register confirms that the apartment is actually owned by a particular person. The remaining documents only indicate that such real estate actually exists, but without an extract they have no legal force.

The process of joining an HOA can be broken down into the following stages:

  1. Preparation of documents, including an application.
  2. The entry itself - at this stage, the application is submitted to the board, followed by a general meeting, at which they are accepted into the partnership.
  3. Conclusion of an agreement with the HOA.

The law determines that relations between the HOA and its members must be only contractual, that is, an agreement is concluded between the HOA and each of its members. It can be mixed - simultaneously maintaining the property of the house and paying utility bills, but at the same time, agreements with the HOA can be divided into 2 separate types:

  • contract for the supply and payment of utilities;
  • contract for house maintenance services.

After signing the agreement, you must check whether the new member of the partnership is included in the register - a document containing a list of all members of the partnership.

The register must contain the following information:

  • owner contact information, telephone, email, etc.;
  • list of title documents for real estate;
  • its share in the total property (expressed as a percentage);
  • personal signature of the HOA member.

How to make an application correctly?

There is no single application form approved by law for joining an HOA. The application is written in free form. However, there is an established, generally accepted form for drawing up such documents.

The application must consist of the following mandatory parts:

  1. Header - in the upper right corner should write where, what organization the applicant is applying to. In our case - to the board of the HOA, then comes the name of the partnership.

    Under this entry you need to write who the appeal is coming from - that is, the full name of the owner, below - his full address.

  2. Title of the document - in the middle of the line with a small letter we write the word “Application”. In this case, we will indicate the reason for the application, that is, “about joining a partnership” (we write the full name of the partnership).
  3. Main part Please indicate your details once again:

    • FULL NAME;
    • year, date and month of birth;

  4. passport, number, series, date of issue, by whom;
  5. full address of the apartment;
  6. title documents for housing - what they are called, who issued them, date of issue, number of each document;
  7. housing area.
  8. The following is the text of the statement. “I ask you” and indicate the essence of our request, that is, to accept me into the HOA and its full name.

  9. Date and signature. At the end of the application there is a date, personal signature and its transcript, full last name, first name and patronymic.
  10. List of attached documents, which may include:
    • copies of title documents;
    • copies of personal documents (passport).

  11. if a person acts by proxy - a power of attorney.

We draw up the contract correctly

This document must comply with the requirements of the law and the organization’s charter. It must contain an introductory part, that is, who enters into an agreement with whom. It is indicated who represents the partnership, his position, and last name. First name, patronymic, name of the HOA and its address. Then, on the other hand, the owner, his details and full address.

What follows is the essence of the contract, that is, what the parties agreed on. This paragraph is called the subject of the agreement . All items are listed: repairs, maintenance, utility bills, etc.

The following sets out the rights, as well as the obligations, of each party. That is, what the owner has the right to, what he is obliged to do, rights are also prescribed. as well as the responsibilities of the HOA. When drawing up this paragraph, we are guided by the legislation and charter, approved by the rules of residence.

The following paragraphs:

  • responsibility of each party to the contract:
  • validity period of the document;
  • changes, as well as termination;
  • how disputes between the parties are resolved.

Actually, the contract is standard. But there is one subtlety. The agreement must specify the rules for maintaining the property of the house, the procedure for paying payments for repairs and utilities, the amount and frequency of contributions, etc.

When concluding an agreement, you need to pay special attention to the compliance of the essence of the agreement with the current legislation, the charter of the organization, the norms approved by the general meeting of the HOA, the rules of residence, and the amounts of payments established by the meeting.

Reasons for complaints

Bay apartments

A statement that your apartment has been flooded is drawn up using a general form.

Advice! The statement should focus on what losses you suffered and what, in your opinion, caused the flood.

If the flood was the fault of your neighbors, provide information about them - full name and apartment number.

No heating

If the heating season has begun, and there is no heating in your apartment, or the air temperature is below the permissible level, you have every right to contact the HOA with a corresponding application.

When writing, focus on exactly how you were violated in your rights , what reasons you assume caused the delay in the supply of heat.

If the entire house does not have heating, the application may specify authorized measures in response to delays in supplying heat or carrying out repairs.

Roof leak

A statement can be written regarding the problem of a roof leak, demanding its immediate repair. If possible, it is necessary to indicate in which specific location the roof is broken. If the apartment was flooded due to a roof leak, you need to describe in detail what losses were caused to the owner.

Container transfer

Such a statement is drawn up when it is necessary to move a garbage container. Often, in the courtyards of new apartment buildings, garbage cans are placed in close proximity to the house, which prevents people from enjoying life, because an unpleasant smell can ruin their mood.

It is necessary to provide arguments why the containers need to be moved. The application can be signed by either one specific person or several.

Sealing of individual metering devices

In a new house, after all communications have been installed, those interested can install meters. As you know, they must be sealed. To do this, you can write both an individual and a collective statement on behalf of the residents.

In the case of a collective appeal, it is necessary to list the initials of all applicants, their places of residence, and only then make a request for sealing, which the chairman is simply obliged to fulfill properly.

Note! A lot of such statements can be made, because people change or install meters for the first time at different times. It is not possible to submit an application from all residents at once.

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