Co-op house: what does it mean in 2021? How is it different from usual?

The concept of a cooperative is familiar to everyone, especially those who lived through the Soviet era.

In the USSR, everything was common, there was no private property, but citizens also needed housing. To solve this problem, it was decided to build cooperative houses.

Few people know what this means – a cooperative house. This is a house that was built by a housing construction cooperative at the expense of the shares of members of the cooperative members. Upon completion of construction, each member of the association received their treasured square meters.

Such houses remain today; it is cheaper to buy an apartment in them. In cooperative houses, a special house management system and a special procedure for registering ownership of an apartment are established.

A cooperative member can document his rights to an apartment upon full payment of the share established by the agreement between him and the cooperative.

What is a cooperative house? Advantages and disadvantages

The concept of a cooperative is familiar to everyone, especially those who lived through the Soviet era.
In the USSR, everything was common, there was no private property, but citizens also needed housing. To solve this problem, it was decided to build cooperative houses.

A cooperative member can document his rights to an apartment upon full payment of the share established by the agreement between him and the cooperative.

Residents' rights

The rights of residents in a cooperative building are determined by a number of articles of the Housing Code of the Russian Federation. Before joining a housing cooperative of any form, it is important to carefully study this legislative act, without focusing on specific chapters and articles. The specificity of such housing is great, so being savvy from a legal point of view will help you avoid losing money or other problems associated with participation in a cooperative.

All rights of residents of a cooperative building are determined in the documents that they sign regarding the fact of their participation in the association. These include constituent documentation and various types of agreements. In general, residents have the right to:

Full disposal of the housing received, commensurate with the shares contributed by them (without violating cooperative agreements, of course).
Participate in the life and existence of the cooperative in every possible way.
Take advantage of all the opportunities and benefits of participation in this association.
Do not pay third-party funds for the constant maintenance of common property in good condition, if such an obligation is not specified in previously signed documents.
Privatize, or more precisely allocate the share into individual ownership, if this is possible according to the rules of the cooperative.

Let us repeat, the noted rights of residents are extremely generalized. A complete list of them, along with responsibilities and other aspects of the issue, can be found through a detailed study of the Housing Code of the Russian Federation and the documentation of the cooperative. Otherwise, not a single tenant from any cooperative building in the Russian Federation will be able to become familiar with legal aspects of this kind.

Concept of a cooperative house

To best understand what a cooperative house is, you need to understand the definition of the word “cooperative.” Cooperative houses appeared back in Soviet times and proved themselves so successful that they still remain in our present.

A cooperative is a form of association of citizens. They can unite for various reasons and for various purposes. Hence the huge number of types of cooperatives existing in the country: garage, housing, industrial, consumer and others.

A housing construction cooperative is a form of association of people for the construction of a residential building and its further management. People contribute their money in the form of shares before the house is even ready. In essence, this agreement with a housing cooperative is similar to an equity participation agreement. However, it has more risks, since it is subject to registration only after the house is put into operation.

The simplified procedure for building a cooperative house is as follows:

citizens unite, create a cooperative and form a common share;
the house is being built by third parties;
members of the cooperative move into finished housing and gradually pay off the remaining shares.

This procedure corresponds only to the activities of housing cooperatives. The housing cooperative does not build houses itself; it buys housing on the real estate market. Until the share is fully paid, the apartment remains the property of the cooperative.

Whether it should be privatized after full payment of the share is a personal matter for everyone. Privatization and full registration of ownership will allow you to freely sell your home in the future without the participation of other members of the cooperative.

Difference from an ordinary house

If you answer the question of how a cooperative house differs from an ordinary one, you need to highlight the key features of such housing.

The management of the cooperative house is carried out by the housing construction cooperative. In addition to the housing cooperative, the management of the house can be carried out by the HOA or the management company.

The difference here is manifested in the fact that the housing cooperative is formed even before the appearance of the house itself. An HOA is organized only when the house already exists. The management company is generally a separate division, not connected in any way with the house, except through a property management agreement.

Ordinary houses are built by developers or the state, sometimes at the expense of shareholders, sometimes at the expense of their own or borrowed funds. Cooperative houses are built by cooperative members, but not independently, but with the help of third parties.

Otherwise, the procedure for purchasing such an apartment or selling it, managing the house and resolving the most important issues is no different from the same events in an ordinary house. For example, payment for utilities is carried out according to the same scheme.

Do I need to pay for major repairs if the house is a cooperative one? It is necessary to pay contributions regardless of the type of house and the way it is managed. Minimum tariffs are set at the regional level. The accumulated funds are formed in special bank accounts opened by the housing cooperative or the regional operator.

You can refuse to pay contributions for major repairs only if the house is recognized as unsafe.

The rights of residents of a cooperative building are prescribed in the charter of the established cooperative and in agreements concluded between the participants and the association itself.

How to register in such housing? Just like in a regular house.

Advantages and disadvantages

A cooperative house and living in it has its pros and cons. The benefits are mainly related to the economic benefits of purchasing such housing.

The advantages of buying an apartment in a cooperative building are as follows:

Citizens over 16 years of age or legal entities can become a member of the housing cooperative.
To create a housing cooperative, a very small number of participants is enough.
The overpayment for housing is minimal, since it only includes the costs of maintaining the housing cooperative during the construction of the house.
The amount of the contribution is calculated on the basis of the construction estimate.

The minimum number of participants to create a housing construction cooperative is limited to 5 persons.

Here you do not need to collect a huge number of certificates and documents, as is the case when applying for a mortgage from banks. There is no such huge overpayment for an apartment as in the case of a house being built by a developer who wants to extract maximum profit from this project for himself.

The disadvantages of building a cooperative house include:

The agreement is not registered, hence the high risks of double sales of apartments.
A housing and savings cooperative may require additional contributions from members, the amount of which may significantly exceed the original shares of the participants.
All additional and targeted contributions when a citizen leaves the cooperative are not returned to the housing cooperative.

Owners of future apartments will have to independently organize the construction process, purchase materials and monitor the work of builders. In a housing cooperative, it will be possible to move into a house only after repaying half of the full amount, and registering ownership only after the full repayment of the share. In total, housing cooperative participants have lower costs than housing cooperative participants.

It is better to choose a DDU for purchasing real estate that has not yet been built. Firstly, DDU is subject to mandatory state registration with Rosreestr to protect against the risk of double sales. Secondly, in 2019, escrow accounts are in force in the country, protecting the funds of shareholders from unscrupulous developers until the completion of construction of the house.

What does a cooperative house mean?

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Question for the experts: we moved with our family to a new house! and then it began! The house is a cooperative one! almost only grannies! They collect money every month for pipe repairs, salaries for the chairman, etc.!!! especially in Gus-Khrustalny.

They collect money all the time, either to build a roof or to build a lock for the basement, and they made only one key so that whoever needs to get into their cage, let them come and ask for the key! There is never any light in the entrance either.

Or rather, it exists, but the grannies turn it off and save money! They go around the apartments and check that we have a connection, to see if we are stealing their light! In short, all this unnecessary guardianship is pretty boring, they just drag out money and don’t do anything! I should have told the chairman at home that I won’t pay until the lamp is installed.

so threats were made against me, they say I won’t pay. I’ll be left without heating!!! I’m completely perplexed! Does anyone know or have encountered whether I have the right not to pay them and not let them into my apartment at all, and how to get rid of this altogether? cooperative!!!

Sincerely, Nata Nikeshina (Perfilova)

Best answers

We also have a cooperative, but it’s not just grannies, we have different people. Let me clarify that the cooperative has been since 1960 (Moscow). Nobody collects money, everything is included in the rent, the cooperative has its own bank account, expenses come from it. Staff salaries are approved at the general meeting. The yard is cleaned, the intercoms work, the entrances are repaired, even burnt out light bulbs are replaced almost instantly.

We live normally!

This concept is outdated (I live in one myself). Cooperatives were created in Soviet times for the construction of houses. Now it must be an HOA, in accordance with the housing code.

They don’t do anything here either, they just collect money, which goes to salaries for the chairman, accountant... Moreover, the salaries are not small for 1 hour of reception per week, 10 thousand rubles. , accountant 7 t.r.... one janitor owns 9 tr.

I worked, but now they’ve accepted some kind of hanyga, you can’t get out of the entrance, there are snowdrifts. You have every right not to let anyone into your apartment. You'll have to pay. Call a meeting and change the government.

there is no such thing now, buy and live

A housing or housing construction cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the housing needs of citizens, as well as manage residential and non-residential premises in a cooperative building. (For more details, see articles 110-134 of the RF Housing Code)

I also have a cooperative house and also only grannies. but the money that is collected seems to be spent on purpose. They could collect more and put things in order in the yard, but they are saving everything and there are weeds in the yard above the roof.

talk to other residents who have also recently moved in and discuss the problems.

It seems to me that turning off the heating of one apartment in the middle of the house is simply technically impossible, and if you have everything paid for, it is also legally impossible.

-answer

This video will help you figure it out

Answers from experts

Nothing now. Previously, housing was public (mostly) and cooperative. People built cooperative houses with their own money and became apartment owners. They could sell them directly, unlike the state ones. Now almost all housing is owned and there is no difference. And the quality of houses depended not on the form of ownership, but on specific builders.

It could be anything.

built by shareholders, this is the old form when either from the enterprise or the building itself - now everyone buys

in a cooperative they manage the house themselves - they choose a manager

Individual families and citizens live in an ordinary house, but a cooperative is a community in which all issues of residence and contacts with external organizations are resolved at a general meeting. It's like a communal apartment the size of a house.

With all the problems and conflicts inherent in a communal apartment.

No worse or better, you are still the owner. On the features of housing cooperatives - in the Housing Code of the Russian Federation

Where did you get the idea that you have a cooperative?

Cooperative property The peculiarity of this type of property is that the buyer does not acquire an apartment, but a share in the common property of the cooperative. However, in the future it is possible to purchase an apartment in private ownership (privatize), since most often the period of ownership of an apartment building by a cooperative is no more than 10 years.

The rights of the owner of a cooperative apartment are in many ways similar to the rights of the owner of real estate. However, all decisions regarding the disposal of the apartment are made by the general meeting of the cooperative. Therefore, if you want to rent out a cooperative apartment, you must obtain the consent of the cooperative.

This is when a group of people, called a partnership, gathers, creates a cooperative - an official association - chips in money, and builds an apartment building, gradually paying money for it.

In the future, the cooperative takes over the functions of maintaining the house and creates its own housing office.

In this situation, the space in the house is cheaper for the owners, and maintenance is carried out at a more conscious level.

Source: https://dom-voprosov.ru/dom/chto-znachit-dom-kooperativnyj

Cooperative house: tenants’ rights and important features of such housing in Russia

A complete list of them, along with responsibilities and other aspects of the issue, can be found through a detailed study of the Housing Code of the Russian Federation and the documentation of the cooperative.

Otherwise, not a single tenant from any cooperative building in the Russian Federation will be able to become familiar with legal aspects of this kind.

Is it necessary and how is it possible to privatize an apartment in a cooperative? It is impossible to privatize a cooperative apartment, since it does not belong to the state.

Attention Privatization is the transfer of property rights by the state to a specific citizen. Naturally, in the case of a cooperative, this definition is incorrect. In the USSR it was still possible to use it, but in modern Russia it is not. Having fully paid the required share, the owner of the apartment can register ownership of it and allocate it to sole ownership while retaining partial participation in the cooperative. This can only be done by the person who contributed the shares.

What does a cooperative house mean?

The housing and savings cooperative is practically unpopular, since the risk of falling for a fraudster is too great. Ideally, all actions of housing and communal services should be discussed and should not go beyond the law of the Russian Federation, however, in reality there may be a completely different picture.

Cooperative house In February of this year, a proposal was made in the State Duma to return to the Soviet system of cooperative houses, albeit with a number of amendments.

The owners could dispose of these apartments at their own discretion, but public housing could neither be sold nor exchanged.

Apartment in a cooperative building - pros and cons!!!

The success of such an innovation was phenomenal, as many residents of the “soviets” decided to get new housing. The principle of cooperatives has not yet changed and represents a convenient, first of all, purchase of living space for the citizens themselves. If we simplify the acquisition scheme as much as possible, we can distinguish the following stages:

Cooperative participants form a common share for the construction of a house by third parties.
Waiting for this process to finish.
They move into the constructed housing, gradually pay off the remaining shares (not always) and use the property in proportion to the funds contributed.

Essentially the same form of mortgage loan. However, in this case there are no interest, penalties or penalties. Conventional share payment system.

Co-operative house - what are the pitfalls?

Since everything was common in the Soviet state, the purchase or personal privatization of the same apartments was impossible. Despite this, there were many who needed housing or simply wanted their money. After analyzing the current situation, state rulers decided on the possibility of forming cooperative housing.

Is it necessary and how to privatize a cooperative apartment? Of all the documents for the apartment, she only has an exchange order from 1984. read answers (1) Topic: Housing issue Five years ago, pipes began to leak, we went to the elder in the house, he said, if you want to change, change.

What is a housing construction cooperative (HCS)?

That is, members of his family cannot become owners of cooperative meters, at least until the payer of the shares registers it in his name. Under other circumstances, they can be registered there and live only as cohabitants, but not owners.

Who is the owner of cooperative meters Who is the owner of cooperative meters? is the union itself. As noted above, the payer of shares has the right to allocate property exclusively to his own possession.

The exception is those cases when the rules of the cooperative and concluded agreements between citizens imply a different procedure for owning cooperative property.

Powers of the chairman and residents

Each cooperative has its own elected chairman and deputy chairman. They, as a rule, hold general meetings, put important issues on the agenda, and speak on behalf of housing cooperatives in other organizations.

It is necessary to clarify who these persons report to. In essence, they are subordinate to all members of the cooperative who cast their votes for their election. After all, appointment, as well as dismissal, is decided by everyone together at a general meeting.

The rights of the chairman of the housing cooperative can be characterized as follows:

has the right to enter the premises of another owner in the event of an accident only with his consent;
carries out personnel selection and management;
in case of equality of votes among board members, has the right to a casting vote;
has the right to vacate the position of chairman early;
manages the funds of the cooperative;
files lawsuits on behalf of the cooperative and represents its interests in various authorities;
prepares and issues necessary documents to residents of the house.

The responsibilities of the chairman of a cooperative house are:

conduct the activities of the cooperative in good faith and wisely;
resolve issues related to the provision of utility services to homeowners;
provide residents with recalculation of payments for poorly provided services;
store documents of the cooperative and residents and provide them upon request;
conduct banking operations, maintain accounting;
exercise control over the improvement of buildings.

Every quarter, the chairman of the cooperative house is required to draw up a work plan and report on its implementation to the board at the end of each quarter.

Who maintains the cooperative house? The maintenance of the house is carried out by the housing cooperative, and not by the HOA or management company. It is for service that the chairman must constantly report to the residents.

Rules for joining and obtaining membership in a housing cooperative

Joining a cooperative is a legal procedure. Unlike apartments in a new building with the rights of a participant in a residential building, here you will need appropriate permission from the residents.

The potential copyright holder submits an application to the chairman of the board, who reviews it. A citizen who has reached the age of 16 has the right to become one if his application is certified by a legal representative. A person joining a residential complex becomes familiar with the charter and the amount of the contribution that is presented for payment.

Next you need to go through the approval procedure. The question is raised at a meeting of residents, where those wishing to speak on the merits of the issue and, by a simple majority of votes, through open voting, decide to accept the citizen into the cooperative.

The voting results are approved by act and attached to the protocol. This documentation is included in the nomenclature records management of the Housing Committee board and is preserved.

Its presence indicates that a person has the right to draw up documentation for the disposal of property, and most importantly, to make a contribution established in his respect to the housing complex account.

Its size depends:

From payments of the previous owner if the apartment is purchased.
From the amount established for those joining the LCD, adopted at the meeting, reflected in the statutory documents.

Membership refers to the legal status of an individual who has received the right to dispose of property on the basis of joint legal ownership of the house. Since the type of ownership is joint, it is necessary to coordinate the types of responsible attitude towards material property on the territory of the building and in the yard.

The organization is required to maintain a unified register of cooperative members, with registration of their arrival and departure.

Sale and purchase of an apartment in a cooperative building

How to sell an apartment in a cooperative building? To sell it, you first need to register ownership of it. In order to do this, you need to obtain a Certificate of payment of the share.

This document is the main one for registering property rights in Rosreestr. In essence, this is the title document for the apartment. Without it, it will be impossible to register the property or sell the home to another person.

This rule is true for both housing cooperatives and housing cooperatives. The only difference between them was that the housing cooperative built the house itself, and the housing cooperative acted as an intermediary in the purchase of apartments for cooperative members on the free real estate market. Until the full payment of the share, it was the cooperative that owned the housing.

Before purchasing a cooperative apartment, it is important to check the seller’s marital status during the period of payment of the share. If the spouses paid the share together and then divorced before the title was registered, the apartment will belong to both of them, even if the title is registered only in the name of one of them.

This should be given special attention before purchasing a cooperative apartment. There is one more nuance in such a deal. If the shareholder used maternity capital funds to pay the share, he will then be obliged to include his children among the homeowners. If he does not do this, all subsequent transactions with the apartment may be declared invalid and cancelled.

A cooperative house is a house built by a cooperative at the expense of its members. The cooperative not only builds such a house, but also manages it in the future through its chairman, elected by the members of the association at a general meeting.

A cooperative house has its advantages and disadvantages, which should be taken into account before purchasing such housing or before joining the ranks of members of the association.

Conditions for demolition of cooperative housing stock

At the end of today’s article, let’s pay attention to the possibility of demolishing the cooperative building. The conditions for such a measure are reflected in Articles 32, 86 and 134 of the Housing Code of the Russian Federation. If you wish, you can familiarize yourself with them without much difficulty. The interpretation and reflection of all legislative concepts are made accessible to Russian citizens.

When demolishing a cooperative building, several outcomes are possible:

Residents will be provided with adequate state apartments with the possibility of subsequent privatization.
Cooperative members will be paid compensation.

Note! If the shares are not fully repaid, the citizen receiving housing or compensation will be obliged to fully fulfill his obligations to the cooperative in the previously agreed upon manner.

Perhaps this is where the most important points on the topic of today’s article end. We hope that the presented material was useful to all readers and provided answers to their questions. As you can see, there are no particular difficulties either in the phenomenon under consideration or in the rights of residents of a cooperative building. Everything is extremely simple and transparent to understand.

How to allocate a spousal share in a cooperative apartment:

Housing and construction cooperative

This article or section describes the situation in relation to only one region, possibly violating the rule of balanced presentation. You can help Wikipedia by adding information for other countries and regions.

Housing construction cooperative (HBC) is an association of people or organizations for the purpose of housing construction, as well as for housing management. In the USSR, housing cooperatives were a form of citizen participation in the development of the housing stock, which made it possible to obtain a separate apartment faster within a separate queue and on more favorable terms.

The right to housing was guaranteed to citizens of the USSR by the Constitution and was ensured by “the development and protection of the state and public housing stock, promotion of cooperative and individual housing construction, fair distribution under public control of living space provided as the program for the construction of comfortable housing is implemented.”

Housing cooperative management

Organizing a residential complex does not require the involvement of a management company, but allows this option.

If the managers are in charge of not one high-rise building, but several, the board has the right to expand its powers by introducing a corresponding provision into the charter. It indicates the grounds requiring the creation of an independent organization in order to manage the property of the house and maintain it in proper form:

building;
common areas;
the area adjacent to the house.

The board is elected by a meeting of members of the cooperative, and a chairman is elected from among them. He recruits staff that corresponds to the status of:

limited by the powers of management of the residential complex;
assigned to a management company.

The staffing table is approved by a meeting of residents, with approval of employment and the established salary.

The following vacancies are accepted:

chairman;
accountant and (or) chief accountant;
passport officer;
electrician and plumber;
janitor and cleaning lady.

At the discretion of residents, it is permissible to introduce the rate of a concierge, attendant, elevator operator, etc. Security functions are performed by licensed specialists under an agreement with the private security company.

In addition to the chairman, the rest of the board members are activists and participate in organizing the activities of the cooperative free of charge. They establish and maintain feedback, initiating innovations or building renovations and renovations.

Issues of personnel management and work carried out are decided by the chairman. The board is charged with the function of an audit commission, which is specified in the charter in detail. She is authorized to supervise the work of the chairman and has the right to demand financial and other reporting for verification at her discretion.

Housing cooperatives in the USSR

Legislation

In the USSR, in order to attract funds from developers and develop housing construction, in July 1925, a decree “On Housing and Construction Cooperation” was adopted. It provided for the issuance of loans to housing construction cooperatives through the system of communal banks for a period of up to 60 years in amounts up to 90% of the estimated cost of the house. Since 1937, the construction of cooperative houses was allowed only at the expense of the cooperatives’ own funds and without the participation of bank loans, which actually meant the end of cooperative housing construction.

In the post-war period, the urban population increased sharply, and in order to solve the “housing issue” in 1958, the CPSU Central Committee and the Council of Ministers authorized the creation of housing construction cooperatives (HBCs). Thanks to the adoption of the resolutions of the Council of Ministers of the USSR “On individual and cooperative housing construction” (1962 and 1964), lending to housing cooperatives was resumed, to which Stroybank of the USSR provided loans in the amount of up to 60% of the estimated cost of construction for a period of 10-15 years at a rate of 0, 5% per annum and payment in equal installments. By a resolution of the Council of Ministers of the USSR in 1982, the amount of financing was increased to 70-80%, and the repayment period was increased to 25 years.

The construction of housing cooperatives was carried out by ordinary contractors, but the level of interior finishing in cooperative apartments was often higher.

The Housing Code of the USSR, in accordance with the amendments and additions introduced by the Decree of the Presidium of the Supreme Soviet of the USSR dated December 14, 1988, defined housing construction cooperatives as one of the forms of existence of the housing stock, along with state housing, public housing (this included housing on collective farms and other cooperative organizations , their associations, trade unions and other public organizations), as well as individual housing.

The law provided for the state’s obligation to provide housing and construction cooperatives with assistance in the operation and repair of the houses they own, to provide residents of cooperative apartments with other housing during the period of major repairs of their houses, and also to provide them with other equivalent housing free of charge if the housing cooperative’s house “is subject to demolition due to seizure land for state or public needs.”

Based on the housing legislation of the USSR, Housing Codes were in force in the Union republics.

Right to receive an apartment

To receive a cooperative apartment, the applicant had to be registered for improving housing conditions. But if to be on the waiting list for a state-owned, free apartment, a family member had to have less than 4.5 sq.m. living space, then for a cooperative apartment the conditions were softer: less than 6.5 m² per person. Only rooms were considered living space, excluding the kitchen and utility rooms.

The rules for providing living space were less stringent. When receiving a state apartment, a family member was provided with 9 m² (in the last years of the USSR, 12 sq.m.) and the rule was observed that children of different sexes should not live in the same room, that is, a family with two children of different sexes received a three-room apartment (45-70 sq.m. of living space), with children of the same sex - a two-room apartment (32-40 sq.m. of living space).

When purchasing a cooperative, the family could more freely choose their living space, justifying the need to have a more spacious apartment with additional rights: for example, candidates of sciences, members of creative unions (writers, composers, artists, journalists) by law had the right to 10 square meters. m of living space or a separate room in excess of the established standards.

Cost and financing

The cost of a cooperative apartment in Moscow in the mid-1980s was approximately 3,000 rubles (one-room) and 5,000 rubles (two-room), despite the fact that the average salary in the country in 1985 was 200 rubles per month. The loan to purchase an apartment was practically interest-free, and the share of the payment in the family’s expenses was insignificant. For a two-room cooperative, along with utilities, the family had to pay up to 50 rubles a month.

The bank loan for construction amounted to 70% of the cost, and in the Kazakh SSR, Siberia, the Far East, in the regions of the Far North and equivalent areas, as well as in mining villages - 80%. The bank interest on loans was 0.5% per annum, and on late payments - 3% per annum.

By Decree of the Council of Ministers of the USSR of August 19, 1982 No. 765 “On Housing and Construction Cooperation,” as amended on September 26, 1990, it was recommended that enterprises and organizations, with the consent of the workforce, provide free financial assistance to personnel workers (with at least 5 years of excellent work experience). years) and newlyweds (with at least 2 years of work experience) to pay for housing cooperatives from the material incentive fund, respectively, up to 30% and 40% of the first installment in the regions of Siberia, the Far East, the Far North and equivalent areas, as well as the Non-Black Earth Region, and in other areas, respectively, up to 15-20%.

At the beginning of 1985, loans for individual and cooperative construction accounted for approximately 55% of loan debt for the main types of consumer credit in the USSR.

Restrictions

Despite the presence of savings, citizens of the USSR could not freely buy a cooperative apartment, because in order to be placed on the waiting list they had to meet the standards stipulated by the Housing Code. After being placed on the waiting list, one also had to wait, although not as long as receiving a free state apartment.

There were actually cities closed for registration of non-residents (Moscow, Leningrad, the capitals of the union republics).

The share of housing cooperatives in the total volume of housing construction in the USSR did not exceed 10%

In the first half of the 1980s, in accordance with the principle of “an apartment for each family,” the construction of about 80 thousand cooperative apartment buildings was simultaneously started in many cities of the USSR. Most of these houses were completed only by the end of the 1990s. Thus, many citizens had to wait 15 years or more for construction to be completed.

About saving on insurance premiums in PC

The idea of “saving on insurance premiums” in a PC is based on the fact that the profit of the cooperative is distributed among its members in accordance with 1) their personal and (or) other participation and 2) the size of the share contribution. No more than 50% of the total profit of the PC can be distributed in proportion to the size of the share contribution. This is precisely where lies both the potential and the danger of the effect of optimizing insurance premiums when making payments to members of a production cooperative!

Let's take it in order. The law provides for two options for remuneration of members of the cooperative:

payment for labor in cash and (or) in kind. This is actually wages, which are subject to personal income tax and insurance contributions in the generally established manner. Total taxation: 13% personal income tax 30% insurance premiums.
part of the PC's profit distributed in his favor

a) in proportion to the size of the share contribution - in this way no more than 50% of the profit can be distributed (Part 2 of Article 12 of the Federal Law “On PC”).

This payment, by its nature, is not income from the performance of work (provision of services) and is, in content, dividends (clause 1 of Article 43 of the Tax Code of the Russian Federation). To be paid out of net profit and not subject to insurance premiums. The personal income tax rate is 13% for the payment of dividends.

Total: income tax for the cooperative (20% income tax or 5 (6, 7, 10, 15)% according to the simplified tax system) 13% PFDL.

b) in accordance with the personal labor and other participation of a member of the cooperative.

It was assumed that these payments are also dividends in nature, since they already represent part of the remaining after-tax profit of the cooperative and, accordingly, are not subject to insurance premiums.

However, not all so simple.

The position of the Ministry of Finance of the Russian Federation: “for the purposes of calculating insurance premiums, it is necessary to distinguish between payments related to the performance by members of the cooperative of their labor duties from payments they receive in proportion to the contributed share contributions, and from payments they receive in proportion to other participation.” (Letters of the Department of Tax and Customs Policy of the Ministry of Finance of Russia dated July 18, 2021 No. 03-15-06/45648, dated October 23, 2021 No. 03-15-06/69180).

Thus, the ministry recognizes three types of payments:

in proportion to contributions - no more than 50% of the total profit of the cooperative;
in proportion to labor participation,
depending on other participation.

At the same time, “payment to a member of the cooperative of part of the profit, made depending on his labor participation, is subject to insurance contributions for compulsory pension insurance, compulsory social insurance in case of temporary disability and in connection with maternity, and compulsory medical insurance in the generally established manner.” That is, payments proportional to labor participation are subject to insurance contributions. Exempted - proportional to contributions and other participation. Which, in principle, is not bad.

The position of the courts: the general trend of recent years is that any link between the distribution of profits in a cooperative and labor participation requires the calculation of insurance premiums.

Initially, the direction was set by the Supreme Court of the Russian Federation, sending for a new trial in February 2015 the case of a cooperative that distributed 70% of its profits among shareholders in proportion to their annual wages. As a result, the courts recognized the payments as directly related to the payment system there, and therefore subject to taxation with insurance premiums. (See Case No. A65-23251/2013).

And further in practice, the connection with labor relations entailed additional obligations of the cooperative:

payment was made on time for payment of wages; in relation to all members... working time was kept track of, according to which they were paid monthly wages and cooperative payments in proportion to the time worked... there were no accrual of dividends... (Resolution of the Arbitration Court of the West Siberian District dated April 10, 2021 in case No. A03-3531 /2017).

payments to members of the cooperative were made based on the volume of work performed, taking into account the prescribed prices.... The fact that differentiates the taxation of social insurance contributions on payments to cooperative members is the basis for payments to cooperative members, which can be paid based on their personal labor participation or in proportion to the share contribution made by them (Resolution of the Eighteenth Arbitration Court of Appeal dated September 11, 2021 in case No. 15688/ 2018).

Here the question rightly arises: what then could constitute “other participation”, exempt from insurance contributions?

Thus, the court recognized as unearned participation “in the organization of mass cultural and entertainment events, in the design of shop windows, halls, dining rooms, etc., in the design of adjacent territories, etc.” The cooperative, by the way, which provides restaurant services, even presented a monthly journal for recording the share of participation in such events.

Observation from practice: courts take a critical approach to legal arguments about the non-identity of the concepts “labor contribution”, “labor function”, etc. If there is at least some connection with wages, labor, etc., there will be insurance premiums.

“The complainant’s argument that the concepts of “labor participation” and “labor function” are not identical concepts, labor relations are not regulated by the Labor Code of the Russian Federation and therefore are not subject to insurance contributions for pension insurance, is rejected as based on an incorrect interpretation of the norms of substantive law.” (Resolution of the Eighteenth Arbitration Court of Appeal dated September 11, 2021 in case No. 15688/2018).

Other forms of cooperation in housing construction

To speed up housing construction in the post-war USSR, the “people’s construction” method was used, when apartments were built for themselves by those in need of improved living conditions. Teams made up of such people went out on the second and third shifts after the main work to build houses, where the zero cycle had already been completed by the contractor (see the article Gorky method).

A variation of this method of housing construction in the 1980s were youth residential complexes that developed under the auspices of the Komsomol.

The difference between these forms of housing construction and housing cooperatives was that people invested not money, but personal labor, in improving their living conditions. All financing of the facilities was assumed by local governments.

Housing cooperatives in the Russian Federation

Currently, the term housing cooperative is defined in Article 110 of the Housing Code of the Russian Federation. The current legislation knows several forms of self-organization of citizens who want to improve their living conditions. As a general rule, it is assumed that they should join housing savings rather than housing construction cooperatives, since in relation to housing cooperatives there are stricter rules for controlling the flow of funds intended for construction. However, there are procedural rules regarding the creation and functioning of housing cooperatives in the Russian Federation and in our time. In Russia, many housing cooperatives have survived from the times of the USSR, and although when the new Housing Code of the Russian Federation was adopted (March 1, 2005), an attempt was made to oblige them all to transform into a Homeowners' Association, the corresponding amendment was canceled.

In most cases in modern Russia, housing cooperatives are the operating organization in relation to the housing stock. The creation of housing cooperatives for construction purposes was associated with numerous scams in the real estate market. Housing cooperatives as an organizational and legal form of association of citizens for construction are used by defrauded shareholders who want to complete the construction of their housing after the construction companies that attracted their funds stop construction. A similar scheme for solving the problem is used in Kazakhstan.

Is it necessary and how is it possible to privatize an apartment in a cooperative?

It is impossible to privatize a cooperative apartment, since it does not belong to the state. Privatization is the transfer of property rights by the state to a specific citizen.

Naturally, in the case of a cooperative, this definition is incorrect. In the USSR it was still possible to use it, but in modern Russia it is not.

Having fully paid the required share, the owner of the apartment can register ownership of it and allocate it to sole ownership while retaining partial participation in the cooperative.

This can only be done by the person who contributed the shares. That is, members of his family cannot become owners of cooperative meters, at least until the payer of the shares registers it in his name.

Under other circumstances, they can be registered there and live only as cohabitants, but not owners.

Notes

1 2 3 4 “Fundamentals of housing legislation of the USSR and union republics.” www.libussr.ru. Retrieved October 14, 2021.
1 2 3 Housing and construction cooperation (HCC) in the USSR. StudFiles. Retrieved October 14, 2021.
1 2 3 On housing and construction cooperation (as amended on September 26, 1990), Resolution of the USSR Council of Ministers of August 19, 1982 No. 765. docs.cntd.ru. Retrieved October 14, 2021.
Housing Code of the RSFSR. Supreme Council of the RSFSR (June 24, 1983).
1 2 How much would Moscow apartments cost during the USSR in modern rubles. Elite real estate portal Elitnoe.ru. Retrieved October 14, 2021.
Average monthly salary for calculating and increasing state pensions
Cooperatives in a new way: what is a housing cooperative with state support. RBC Real Estate. Retrieved October 14, 2021.
Legal regulation of the activities of housing construction cooperatives
Defrauded shareholders created a housing cooperative
To seize the property of unscrupulous developers in court, defrauded shareholders need to create a housing cooperative (inaccessible link)

> See also

Condominium
Building societies
Housing savings cooperative

To be or not to be cooperatives

In Soviet times, people united in cooperative organizations to build a house at their own expense. Thus, they immediately became the direct owners of the property. The owners could dispose of these apartments at their own discretion, but public housing could neither be sold nor exchanged.

The first housing cooperatives in the USSR began to appear in the 20s of the last century, but they did not last long - only 17 years. Then they were abolished. In 1958, the creation of cooperatives was again allowed, as thanks to this system it was possible to solve the problem of housing shortages. Despite the fact that the facilities had to be built at the expense of shareholders, the state made concessions and provided preferential loans to housing cooperatives. Sometimes future residents helped build the house themselves, coming to the construction site after work.

About forty years ago, a cooperative “one-room apartment” in Moscow cost about three thousand rubles, and a “two-room apartment” cost five thousand rubles. The average salary in the capital was no more than two hundred rubles. Despite the fact that in Soviet times almost every second citizen had savings, only a few could afford to buy real estate. The whole point is that first it was necessary to join the cooperative. Moscow residents had to wait for years until their turn came. At the same time, a strict selection was carried out. For example, nonresidents could not apply for inclusion in the list. Those who applied for cooperative housing were excluded from the queue for state apartments.

If at first cooperative houses were built relatively quickly and with very high quality, over time the pace of construction fell. Those who invested in such real estate in the mid-80s had to wait 10 years for the house to be completed.

“Today in our country there are several forms of self-organization of citizens who unite in order to improve their living conditions,” says Alexey Shmonov, general director of the real estate portal Move.su.

Some experts recommend joining housing cooperatives rather than building cooperatives. In the first case, as they say, there is more strict and serious control over the expenditure of funds intended for the construction of the facility. Others, on the contrary, believe that ZhNK is not the best and safest option.

There are still many housing cooperatives in our country - a kind of legacy of the USSR. At one time they tried to abolish them into HOAs, but property owners did not like this idea. As a result, the amendment made to the law was canceled.

In fact, housing cooperatives contain many risks. There will definitely be people who want to profit from this. On the other hand, if a construction company goes bankrupt, the defrauded shareholders can unite into a housing cooperative and independently complete the project at their own expense.

If we talk about a housing savings cooperative, then only citizens can be its members. At the same time, at least 50 people can come up with the initiative to create an association. All financial transactions are controlled by the Central Bank of the Russian Federation.

About the business purpose of creating a PC

The practice of implementing the tool is of particular concern. Often it looks like this: former employees of a company establish a cooperative, which enters into a service/contract/personnel agreement with this company. At the same time, workers actually continue to work in the same jobs, perform the same functions, report to the same people, and payments from the old companies are the only source of income for such a cooperative. What regulatory authorities and courts must remind the taxpayer (fee payer) of:

“members of the cooperative “K.”, for the most part, are former employees of limited liability companies “M.” "U." (70 people), i.e. enterprises acting as customers for services for the provision of personnel, dismissed from these organizations and accepted the next day into the said Cooperative, continuing to perform the same labor functions at the same facilities of the former employers" (Resolution of the AS Ural Department of November 13, 2019 in case No. A50-1186 /2019).

Additionally: located at the same address, interdependent. Despite the lack of a direct assessment of this fact, the decisions obviously read about the negative perception of these points and, as a result, everyone understands the lack of a business purpose for the relationship, independence and self-sufficiency of such a cooperative. That is, its fictitiousness.

As recommendations:

1. Every decision must have a business purpose. So it is in the creation of PCs, especially from former employees. “Stories” about increasing employee motivation do not impress the regulatory authorities.

2. When regulating relations between partners, use the maximum opportunity provided by law to distribute profits between members of the cooperative in proportion to share contributions, that is, by 50%. Do not forget about distribution in accordance with other grounds, which are also not taxed. The main thing here is to determine the content of this “other”.

3. When regulating the activities of cooperative members, avoid references to documents specific to labor relations: staffing schedule, tariff and qualification characteristics of work, job descriptions, orders for appointment to a position and other documents indicating a specific profession, specialty, type of work assigned.

Cooperatives: pros and cons

Today a person can act as a tenant of an apartment or be its full owner. Once the full amount is paid, the cooperative ceases to exist as such. It is assumed that in the future a member of the cooperative will be the owner of the share and will be able to use the residential premises indefinitely. The share can be inherited.

Why is this necessary? According to some experts, in this case housing will become more affordable and those who cannot afford real estate at the average market price will be able to afford it. The share will cost less than the actual apartment in an apartment building.

Last September, changes to the law regarding housing cooperatives came into force. The amendments were necessary to simplify the work of housing construction cooperatives and ensure the financial security of their activities. Thanks to government support, shareholders will pay at least thirty percent cheaper, since they will be provided with land for free. Previously, there was a law according to which the site was transferred for development only after payment of 20% of contributions. Plus, there will be no developer margin and no costs that appeared during construction. Previously, for the same bank loan, developers were charged a serious interest, the amount of which was included in the cost of the property.

In addition, the state will make sure that fraudsters do not enjoy the trust of citizens and do not appropriate funds for themselves. All activities are carried out under the control of the cooperative and government authorities. Another big plus is that it is now prohibited by law to voluntarily liquidate a cooperative until the property is completely transferred to the rightful owners. Now citizens who decide to purchase a share in a cooperative house can do so using credit funds.

In the future, they plan to introduce a number of amendments to simplify the process of purchasing cooperative housing with state support. Today, shareholders are subject to a number of requirements. For example, one person can own only one share (i.e. can only claim one apartment).

Key points in organizing a cooperative

To organize a housing construction cooperative, it is necessary to hold a meeting of the founders, at which, among other things, the charter of the organization is approved. It spells out all the main points, including the procedure for forming property, the size of shares and initial contributions, who and how can become a member of the cooperative, who and for what reason can be expelled from the organization, as well as the main points related to holding meetings and meetings. Particular attention should be paid to what powers are vested in the board members, chairman and other members, and, of course, what compensation will be received by those who want to leave the cooperative.

The first step is to submit an application to the housing mortgage lending agency, in which you should clearly state information about your intention to create a cooperative. The appeal indicates what type of development is planned, how many participants there will be, etc. After that, lists should be generated and an application for the provision of a site should be sent. After all the paperwork is completed, the cooperative is registered, all information is transferred to the housing mortgage lending agency, which must make a decision on transferring the land to the cooperative. After the facility is put into operation, the land is transferred to the ownership of the shareholders.

Thus, a cooperative house is already being built in the city of Grodno without attracting preferential loans. The average cost per square meter in a property is about 700 rubles.

Rights and obligations of members of a housing cooperative

Membership in a cooperative gives a person the rights to:

Manage property, participate in resolving issues of financing activities, purchasing premises for individual use.
Elect the board, be elected and choose the types of activities in the management of the joint property of the house.
Participate in the decision-making of the meeting, gaining the right to vote regarding the processes of managing the organization, reconstruction and operation of the building.
Take advantage of the provided benefits, and if you receive income, participate in their distribution.
Receive information about the activities of the board in the form prescribed by regulations.
Sell, donate, exchange real estate with the consent of the meeting.
Claim the paid-out share funds upon withdrawal from it.
Leave as an inheritance or make a will.

He is charged with responsible execution:

Follow the rules established by the charter. Carry out the orders adopted by the meeting.
Make contributions and other payments required by the charter or the decision of the meeting for the development of the legal entity.
Be financially responsible for the building, adjacent territory and common areas.
Bear risks associated with unforeseen situations within the limits of accumulation.

HOA: basic concepts

If owners want to manage their own property, control costs, and carry out renovations, they can form a homeowners' association. This is a good alternative to various management companies, with which residents are usually dissatisfied. HOA members, for example, decide for themselves when repairs need to be carried out and with whom it is better to cooperate. In this case, all expenses and tariffs are discussed at a general meeting, expenses are completely transparent and understandable. If, for example, the house decides to rent out the basement, the money received can be spent on major repairs.