The highest governing body of a housing cooperative is. Sequence of actions of persons creating a housing cooperative
A legal entity acquires civil rights and assumes civil responsibilities through its bodies acting in accordance with the law, other legal acts and constituent documents (clause 1).
In accordance with Art. 115 of the Housing Code of the Russian Federation, the governing bodies of a housing cooperative are:
1) general meeting of members of the housing cooperative;
2) a conference, if the number of participants in the general meeting of members of the housing cooperative is more than fifty and this is provided for by the charter of the housing cooperative;
3) the board of the housing cooperative and the chairman of the board of the housing cooperative.
The highest governing body of a housing cooperative is the general meeting of members of the cooperative (conference), which is convened in the manner established by the charter of the cooperative. The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative (Part 2 of Article 116 of the Housing Code of the Russian Federation).
As a rule, the highest management body must meet at least once a year for regular general meetings. It seems that housing cooperatives should hold regular general meetings (conferences) more often. When determining the frequency of such meetings, one should, for example, take into account the fact that, by virtue of Part 2 of Art. 121 of the Housing Code of the Russian Federation, applications for the admission of new members to the cooperative must be approved by a decision of the general meeting of members of the housing cooperative. The exclusion of a member of a housing cooperative from the cooperative is also carried out on the basis of a decision of the general meeting of members of the cooperative (conference) (Part 3 of Article 130 of the Housing Code of the Russian Federation).
Between regular general meetings (conferences), extraordinary general meetings (conferences) may be held as necessary. The terms for convening regular and extraordinary general meetings of members of a housing cooperative (conferences), issues on which extraordinary general meetings can be convened and persons who can demand such convening must be determined in the charter of the cooperative.
As a rule, the competence of the highest management body of a legal entity includes the approval of the constituent documents of the legal entity, as well as the introduction of changes and additions to them; establishing rules for admitting citizens and legal entities to the cooperative; establishing the rights and obligations of members of the cooperative; approval of provisions on the procedure for the election and activities of bodies of a legal entity, determination of cases and procedures for reorganization and liquidation of a legal entity; approval of annual reports, etc.
The general meeting of members of a housing cooperative is valid if more than fifty percent of the members of the cooperative are present. The decision of the general meeting of members of a housing cooperative is considered adopted if more than half of the members of the housing cooperative present at such a general meeting voted for it, and on issues specified in the charter of the housing cooperative - more than three quarters of the members of the housing cooperative present at such general meeting . The decision of the general meeting of members of a housing cooperative, adopted in the prescribed manner, is binding on all members of the housing cooperative. The general meeting of members of the housing cooperative elects the management bodies of the housing cooperative and the bodies monitoring its activities. The decision of the general meeting of members of the housing cooperative is documented in minutes.
According to Part 1 of Art. 118 of the Housing Code of the Russian Federation, the board of a housing cooperative is elected from among the members of the housing cooperative by a general meeting of members of the housing cooperative (conference) in the number and for the period determined by the charter of the cooperative. The procedure for the activities of the board of a housing cooperative and the procedure for making decisions by it are established by the charter and internal documents of the cooperative (regulations, regulations or other document of the cooperative).
The board of a housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not within the competence of the general meeting of members of the cooperative by the charter of the cooperative. The board of a housing cooperative is accountable to the general meeting of cooperative members (conference).
The chairman of the board of a housing cooperative is elected by the board of the housing cooperative from among its members for a period determined by the charter of the housing cooperative (Part 1 of Article 119 of the Housing Code of the Russian Federation).
Chairman of the board of a housing cooperative:
1) ensures the implementation of decisions of the board of the cooperative;
2) without a power of attorney, acts on behalf of the cooperative, including representing its interests and making transactions;
3) exercises other powers not assigned by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.
The chairman of the board of a housing cooperative must not only act in the interests of the cooperative in good faith and reasonably. At the request of the members of the cooperative, he is obliged to compensate for losses caused by him to the cooperative (clause 3). Moreover, by virtue of the direct indication of paragraph 3, in cases where the law makes the protection of civil rights dependent on whether these rights were exercised reasonably and in good faith, the reasonableness of the actions and the good faith of the participants in civil legal relations are assumed.
To exercise control over the financial and economic activities of a housing cooperative, the general meeting of members of the cooperative (conference) elects an audit commission (auditor) of the housing cooperative for a period of no more than three years. The number of members of the audit commission of a housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, or hold other positions in the management bodies of a housing cooperative.
The audit commission of a housing cooperative elects the chairman of the audit commission from among its members (Part 2 of Article 120 of the Housing Code of the Russian Federation).
Audit commission (auditor) of a housing cooperative:
1) without fail, conducts scheduled audits of the financial and economic activities of the housing cooperative at least once a year;
2) presents to the general meeting of members of the cooperative (conference) a conclusion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;
3) reports to the general meeting of members of the cooperative (conference) on its activities.
The audit commission (auditor) of a housing cooperative at any time has the right to audit the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative.
The work procedure of the audit commission (auditor) of a housing cooperative is determined by the charter of the cooperative and other documents of the cooperative.
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What is a housing construction cooperative, what are the features of drawing up the Charter of the housing cooperative, its registration, and what changes should be made in accordance with amendments to the laws.
What is a housing cooperative (housing cooperative)
Participation in a housing construction cooperative, or housing cooperative, is one of the common ways to buy an apartment in a new building.
The essence of housing cooperatives is determined by Art. 110 of Chapter 11 of the Housing Code of the Russian Federation: the law states that housing complexes and housing cooperatives are a cooperation of individuals or legal entities on a voluntary basis in order to meet their needs for living space and management of the house.
It also says that housing and housing-construction cooperatives are consumer cooperatives. All consumer cooperatives are divided into two types: those whose main activity is making a profit, and those who spend the share contributions of the participants. Housing cooperatives are the second type; they are not created to make a profit. Housing construction cooperatives created after December 1, 2011, when acquiring permission to build a housing cooperative, act as a developer.
What is the difference between residential complexes and housing cooperatives? Members of a housing cooperative are those who bought ready-made apartments, and the funds collected from members of the housing cooperative are spent on building maintenance, restoration, repairs, etc. Members of the housing cooperative cooperate in order to build a house in which they will live and subsequently maintain it. Its legal status is determined by the Housing Code, and its civil properties by the Civil Code. In addition to them, the status of housing cooperatives is determined by the Charter.
The main body of the housing cooperative is a general meeting or conference, if the number of members of the housing cooperative is more than 50 people and such a form is prescribed in the Charter of the housing cooperative. Holding a general meeting is possible only if more than half of the participants of the housing cooperative participate in it and its decision is made only if more than half of those present vote for it. The requirements of the minutes of the general meeting, which document decisions, become mandatory for all participants of the cooperative.
The General Meeting elects the Board of Housing Cooperatives from the members of the association, headed by the Chairman of the Board. The competences of the Management Board are prescribed in the charter. The chairman and the board must conscientiously and reasonably implement the intentions of the cooperative and express its needs. The economic activities and finances of the cooperative can be controlled by an auditor or an audit commission.
Citizens over 16 years of age or legal entities who have submitted an application to the board of the cooperative and approved by the general meeting can become participants in the cooperative. The board must consider such an appeal within a month. After approval and payment of the entrance fee, such a citizen or legal entity is considered a full participant in the housing construction cooperative. The Law on Housing Cooperatives specifies that a cooperative cannot include less than five participants and their total number should not exceed the number of premises under construction.
A housing cooperative is created with the help of a constituent meeting, where a resolution on the creation of the association is adopted. Registration of housing cooperatives is carried out in the same way as registration of legal entities.
The registration procedure is determined by Federal Law 08.08.2001 No. 129-FZ “On state registration of legal entities upon their creation.” As the law specifies, a housing cooperative must be registered according to its location. To register, a housing cooperative must submit the following documents to the registration authority: a signed application for state registration, drawn up in the approved form; decision to create a housing cooperative - minutes of the meeting; constituent documents of the housing cooperative - Charter, document confirming payment of the state duty.
The registering authority must conduct state registration within three days of submitting documents.
Why do we need a housing cooperative charter?
The charter is a mandatory document for any legal entity associated with the management of collected funds. It is needed to manage the activities of the association and to interact with government agencies. The charter must contain: the name of the cooperative; the place where it is located; the essence and purpose of its functioning; a description of how you can become a member of a housing cooperative and how to terminate your participation in it, the size of the entrance and share contribution, the procedure for making them, contributions are specified, possible measures for non-compliance with this procedure are indicated, the powers of the board and the rules for recognizing decisions by them, the rules for change and liquidation Housing cooperative. More details about this below.
Considering that the purpose of uniting citizens in a housing cooperative is the construction of housing, its charter contains a plan for the construction of buildings, utility structures, garages, etc. This plan is accepted by the members of the housing cooperative. The charter may contain other possible options for receiving funds, in addition to share contributions, for example, rent. Share contributions can be of four types: in addition to the entrance and share contributions, contributions are provided for the repair of the house and for its operation.
Model charter of housing cooperatives according to the new housing code: sample and rules for drawing up
Requirements for the content of the Housing Cooperative Charter are set out in Art. 113 Housing Code of the Russian Federation. Based on them, the standard Housing Cooperative Charter must necessarily contain the following sections:
General provisions
General provisions mean information about who and when approved the Charter, where the organization is located, it is indicated that the organization is guided by the Civil and Housing Codes, the law “On Promoting the Development of Housing Construction” and is not a commercial organization. The location of the organization, its full and short name, the presence of a round seal, forms, stamps, etc. are indicated. The general provisions indicate the organization’s right to use bank accounts and responsibility for existing property. The period of existence of the cooperative is also indicated.
Activity
This section specifies the type of activity of the housing cooperative - it is a developer. This applies to housing, infrastructure and service buildings. Housing cooperative issues housing for use and manages the common property of apartment buildings
Work to achieve set targets
This section specifies what exactly the housing cooperative does. This includes the construction of housing and related infrastructure, design, carrying out examinations, obtaining land rights and concluding development contracts. The housing cooperative keeps records of land plots, maintains common property, improves the territory, and enters into agreements with government agencies for support.
Activities related to finance are also indicated here: obtaining housing cooperative loans, loans, concluding transactions on property and land, leasing premises, and other income-generating activities.
Property
A section that indicates the existing property of the cooperative - land, housing, infrastructure - and its sources - participant fees, donations, additional income: rent, interest on bank deposits.
Reception and departure of cooperative members
The law defines the procedure for joining a housing cooperative as follows: citizens over 16 years of age can become new members of a housing cooperative. Exit from it can be voluntary or forced, as well as in the event of liquidation of the organization.
The order of payment of membership fees
The size and procedure for making entrance fees, shares, membership payments, additional and reserve fees are discussed.
Rights, duties and responsibilities of housing cooperative participants
Participants in housing cooperatives have the right to take part in the management of housing cooperatives, in the distribution of income and receive living space according to the contributed share, for which they can take guarantors and attract credit funds.
They are obliged to follow the Charter and not interfere with the management of housing cooperatives. After receiving the annual balance, members of the housing cooperative must pay off debts within several months.
Restrictions on the disposal of shares
A participant in a housing cooperative can only own one share and claim one residential premises. The rebought housing cooperative share is transferred to the applicant citizens.
Governing bodies
The board of the housing cooperative and the chairman of the housing cooperative are determined.
General meeting of housing cooperative participants
The General Meeting controls all legal and financial issues. All members of the housing cooperative who are not members of the board participate in it.
Inspection Commission
Elected from the participants of the cooperative and controls the financial and economic activities of the organization.
Responsibility of officials
Members of the board must act exclusively in the interests of members of the housing cooperative and bear responsibility for material losses and other acts in accordance with the legislation in the field of housing and communal services.
Cooperative reporting
The procedure for maintaining operational records, statistics, accounting and drawing up annual reports is determined.
Return of shares upon termination of membership in the cooperative
The share accumulation is returned to the excluded participant or the participant who has not paid the share in full no later than two months from the date of the conclusion.
Reorganization and liquidation of the cooperative
The next stage of operation may be the reorganization of the housing cooperative - the creation of an HOA, or the organization may be liquidated.
What has changed in the drafting of the Charter
Changes in the Civil and Housing Codes of the Russian Federation also lead to changes in the standard Charter of housing cooperatives. What has changed?
The changes affected the rules related to the reduction of the authorized capital. Now the board of housing cooperatives is obliged to notify the registration authority about this within three working days. In turn, the lender can challenge these changes. In this case, he has the right to demand early repayment of the loan and go to court. This does not mean that the court is obliged to take the side of the credit institution - the option that the court will reject this claim is also possible.
The changes affected the article talking about funds and net assets of the company. A clause has been added stating that the company can create a reserve fund, mutual fund or other funds in accordance with the Charter
The rules for storing housing cooperative documents and providing information have also changed: now the organization is obliged to give any member of the company access to information about the value of assets.
Another change: if the assets shown in the company’s annual report are less than the authorized capital, then a reduction in capital must follow or the company must be dissolved.
Management of an apartment building by a housing cooperative or other specialized consumer cooperative is defined by paragraph 2 of part 2 of Article 161 of Section VIII of the Housing Code of the Russian Federation as one of three ways to manage an apartment building.
The conditions for the provision of utility services for a housing cooperative are general and are determined by Chapter III of the Decree of the Government of the Russian Federation of May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”
Also, in accordance with the requirements of Chapter IV of the Decree of the Government of the Russian Federation of May 15, 2013 N 416 “On the procedure for carrying out activities for the management of apartment buildings,” a housing cooperative is obliged to organize emergency dispatch service for an apartment building, including by concluding a contract for the provision of services with organization carrying out emergency dispatch service activities.
The activities of housing and housing-construction cooperatives are regulated by Section V of the Housing Code of the Russian Federation.
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.
Members of a housing cooperative or members of a housing construction cooperative participate at their own expense in the acquisition, reconstruction and subsequent maintenance of an apartment building.
Housing and housing-construction cooperatives are consumer cooperatives.
The provisions of Chapter 11 of the Housing Code of the Russian Federation do not apply to other specialized consumer cooperatives created to meet the housing needs of citizens in accordance with federal laws on such cooperatives. The procedure for the creation and activities of such cooperatives, the legal status of their members are determined by the specified federal laws.
The organization of a housing cooperative is carried out in accordance with the provisions of Article 112 of the Housing Code of the Russian Federation. Wherein:
- The number of members of a housing cooperative cannot be less than five, but should not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative.
- The decision to organize a housing cooperative is made by the meeting of founders.
- Persons wishing to organize a housing cooperative have the right to participate in the meeting of the founders of a housing cooperative.
- The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter is considered adopted provided that this decision is voted for by persons wishing to join the housing cooperative (founders).
- Members of a housing cooperative from the moment of its state registration as a legal entity are persons who voted for the organization of a housing cooperative.
- The decision of the meeting of the founders of the housing cooperative is documented in minutes.
The main document of a housing cooperative is the Charter, which must contain information about the name of the cooperative, its location, the subject and purpose of its activities, the procedure for becoming members of the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, composition and the procedure for making entrance and share contributions, on liability for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and bodies monitoring the activities of the cooperative, the procedure for their decision-making, including on issues on which decisions are made unanimously or by qualified by a majority vote, the procedure for covering losses incurred by members of the cooperative, the procedure for reorganization and liquidation of the cooperative.
State registration of a housing cooperative is carried out in accordance with the legislation on state registration of legal entities.
News on the topic
Benefits for paying for housing and communal services for citizens registered with the employment service are not provided for by current legislation...
Membership in the HOA is voluntary and arises on the basis of an application from the owner of the premises. Membership in the HOA can also be terminated by the owner of the premises submitting an application...
(Original article in the magazine "Chairman of the HOA" No. 12 for 2015)
I was prompted to take up the pen by a small article in the magazine “Chairman of the HOA” No. 10 for 2015, “Can housing cooperatives manage an apartment building?” With a question mark. The preamble states that “the Supreme Court of the Russian Federation, with its ruling No. 305-KG-1770 dated September 10, 2015, put an end to this theoretical dispute.” If you read the text of the definition, which is posted on the website of the Supreme Court of the Russian Federation, it will become clear that this is not a period, but simply a comma. But still a punctuation mark.
What is the sequence of consideration of economic disputes in the Russian Federation in the 21st century? Two business entities in the city of Moscow can bring their dispute to the Arbitration Court of the city of Moscow. His decision can be challenged in the 9th Arbitration Court of Appeal, then in the Moscow District Arbitration Court, in the Supreme Court of the Russian Federation, in the Presidium of the Supreme Court of the Russian Federation. But this is not the end, because there is the Constitutional Court of the Russian Federation, there is the ECHR (European Court of Human Rights). The ruling of the Collegium for Economic Disputes of the Supreme Court of the Russian Federation stopped the progress of the complaint of a particular resident of the building of the Kaunas housing cooperative, located in Moscow at 13 Lipetskaya Street along this chain.
I do not know the reason for this complaint, sent to the Moscow Housing Inspectorate by a specific resident of the housing cooperative building and a citizen of the Russian Federation, Viktor Mikhailovich Tyan, who was present at the meeting of the collegium of the Supreme Court of the Russian Federation as a third party on September 8, 2015. It can be assumed that this particular resident does not understand exactly what functions the housing cooperative board performs and for which this resident is awarded an additional 5 rubles for each square meter of the area of his apartment. Perhaps very good and distinguished people sit on the board, but the resident, apparently a professional lawyer, does not see the results of their work. MZHI (Moscow Housing Inspectorate), within the framework of its powers, filed a claim against a legal entity - the Kaunas housing cooperative. This did not happen due to the malicious intent of MJI; it was forced to respond to written appeals from citizens. Moreover, a legally literate citizen, in the event of his victory over a legal entity - a housing construction cooperative, will be obliged to bear the burden of the costs of implementing the court decision.
There are objective signs of a lack of performance of the functions of managing a residential building on the part of the Kaunas housing cooperative. Anyone can find the “Houses of Moscow” portal on the Internet in any search engine, find an apartment building at the address: Lipetskaya Street, 13 and make sure that there is absolutely no information about the house and the organization managing this house on the portal. This is precisely what explains the long progress of the resident’s complaint through the judicial chain. The ruling of the Collegium for Economic Disputes of the Supreme Court of the Russian Federation No. 305-KG-1770 dated September 10, 2015 reads verbatim: “Guided by Articles 167, 176, 291.11-291.15 of the Arbitration Procedural Code of the Russian Federation, the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation determined :
the decision of the Arbitration Court of the city of Moscow dated 04/25/2014 in case No. A40-27092/14, the decision of the Ninth Arbitration Court of Appeal dated 07/21/2014 and the decision of the Arbitration Court of the Moscow District dated 02/12/2014 in this case are cancelled.
The case will be sent for a new trial to the Moscow Arbitration Court.”
The issue is not closed, the MZHI claim will be considered again at a meeting of the Moscow Arbitration Court and the final decision is not yet known. Here I recall an example from my judicial practice: disabled pensioners, without paying a court fee, filed a claim in the magistrate’s court to recover from the chairman of the board of the housing cooperative personally one million rubles for the damage caused to them. The court rejected the claim against me personally on formal grounds, because I performed the duties of the chairman of the board. This lawsuit was dismissed. Then there were three more trials with the same people. The result is that the bailiffs, by court decision, withdrew 21 thousand rubles from the accounts of the plaintiffs-pensioners in Sberbank of Russia and transferred this money to the account of the housing cooperative for partial payment of the housing cooperative's expenses for lawyers. The return of the arbitration case to the first instance does not mean a victory over the Moscow Housing Inspectorate on the issue of the original, “innate” right of the housing cooperative to manage a residential building. It is better to avoid a situation in which residents do not understand the role of the housing cooperative board in the management and operation of an apartment building and complain to various authorities.
Based on my 27 years of experience as chairman of an almost 500-apartment Moscow housing cooperative, I can say that housing cooperative boards are very different, and they carry out their work in different ways. Let's discuss this issue.
Housing cooperative on self-service. In this case, the housing cooperative is the managing body and performer of all work related to the maintenance of the apartment building and the provision of utilities to its residents. The housing cooperative's staff includes cleaners, janitors, security guards, plumbers, electricians, accountants, caretaker technicians, and even landscape designers. Of course, the housing cooperative is a legal entity, has a seal and a bank account. The size of the house is critical. A five-story building with 60 apartments cannot contain so many people. I know of 500-apartment buildings whose maintenance staff consists of 10-15 people.
Self-governing housing cooperatives. Here the housing cooperative performs only management functions, concluding contracts with service and resource supply organizations, calculating and accounting for payments, and organizing the operation and maintenance of a residential building. In this case, the housing cooperative is also a legal entity, has a seal and a bank account. This is how our housing cooperative has been working since 2006. Only two people receive money for their work and receive it from the section of the estimate for the maintenance of a residential building under “Management” contracts. There is no column “Housing Insurance Expenses” in our receipts; there is a column “Targeted Repair Reserve Fund” and the fee for it is 3.6 rubles per square meter and the money goes to repair common property and not a penny for the salary of the chairman of the board and the accountant-manager.
Housing cooperative under the management of a municipal or commercial management company. This is how many “old” housing cooperatives work. There is a chairman with a seal and a salary, but what he does is not clear to residents. Receipts for payment are generated in the Unified Settlement and Information Center, residence documents for the residents of the house are issued in the MFC (Multifunctional Center), maintenance work is performed by contractors who are hired, for example, by the State Unitary Enterprise "Department of the Biryulyovo Vostochny District". An accountant can only write the salaries of himself and other paid board members. Perhaps the chairman and accountant issue certificates of paid shares to members of the housing cooperative in order to formalize ownership rights to their apartments. Perhaps the board of housing cooperatives organizes children's matinees, publishes a wall newspaper, and runs a choral group for pensioners. Remember Shvonder in the film “Heart of a Dog”. The members of the “housing association” only sang, they did not know how to repair sewers, and they were not accustomed to taking off their galoshes in the front door.
Our housing cooperative "Maryino-9" was formed on August 6, 1989 at the organizational General Meeting in the assembly hall of hostel No. 10 of the Moscow Higher Technical School named after Nikolai Ernestovich Bauman. The Charter of the housing cooperative was adopted, the board of the housing cooperative was elected, and I was elected chairman of the board of the housing cooperative by the General Meeting on an alternative basis. This is the birthday of our cooperative. Our housing cooperative was formed from those on the waiting list for public housing space and residents of communal apartments in the Baumansky and Krasnopresnensky districts of Moscow, as well as people in need of improving their housing situation, according to the lists of enterprises in these districts. We opened an account in the Promstroybank of the USSR, collected share contributions, took out a loan from the Stroybank of the USSR, transferred the full cost of a 474 apartment residential building according to project P44/17 to the account of TUKS (territorial management of capital construction) No. 7. Upon completion of construction and acceptance of the house by the State Commission, The housing cooperative received a piece of paper called an “advice note”. The concept of home ownership did not exist in the USSR. We have passed the stage of registering a legal entity and registering ownership rights to apartments by our residents. There is no document on the ownership of the housing cooperative for the multi-apartment residential building and there cannot be. The current officials of the Moscow Housing Inspectorate in those days did not even exist in the project.
Over the course of many years of existence, our housing cooperative has constantly been subject to discrimination in various areas. There were times when the sandbox, located closer to the neighboring municipal house, was filled with fresh sand in the spring by DEZ workers, while ours remained empty. It was proposed to repair and paint the benches in front of the house at the expense of housing cooperatives; the deputy head of the municipality (governments appeared later) walked around the courtyards and demanded the keys to the switchboard rooms and basements. On May 25, 2006, the General Meeting of the housing cooperative was held, at which it was decided to begin managing the house independently. Agreements were concluded with Mosvodokanal, MOEK, Mosenergosbyt, one of the contractors, our own garbage containers were purchased and our own garbage collection company was hired. We immediately had money in our hands and immediately began repairing and putting the common property in order. Every year from May to September we repair, paint, change something. On the Internet you can easily find the website of the Maryino-9 housing cooperative; it contains hundreds of photographs of the state of the common property, minutes of annual general meetings, copies of court decisions that have entered into legal force. Through the website you can take readings of apartment water meters and submit an application to the board of housing cooperatives. The “Houses of Moscow” portal contains comprehensive information about the apartment building at the address: Lyublinskaya Street, building 124 and about the organization managing the house - the Maryino-9 housing cooperative on the local government.
What is self-government of housing cooperatives and how to implement it?
It all starts with the very best statutory cooperative action: holding a General Meeting of members of a housing, housing-construction or other consumer cooperative that exists in a separate apartment building. Note, “stand-alone”, i.e. having a unique address. A situation in which there are two housing cooperatives in one house is contrary to the letter of the law, because then budget subsidies for the maintenance of the house must be paid to two different legal entities performing the functions of managing the apartment building at the same address. It is clear that the reasoning is based on Moscow experience.
The meeting must be legitimate, otherwise one “legally competent pensioner” will torture a dozen lawyers. Then the actual work of managing the residential apartment building begins. Residents' money, including budget money, is paid for work performed, and not for the presence of a housing cooperative seal on a group of people. The easiest way out of the specific situation in the Kaunas housing cooperative, in “my assessment opinion,” is to separate the functions of the management company and the housing cooperative board.
I remember a conversation with an employee of the prosecutor’s office after a letter from a resident of the house on a completely different matter many years ago. To my explanation: “Everyone does this...”, the answer was: “Everyone does it, but not everyone is reported to the prosecutor’s office.”
Indeed, the board can engage in cultural work, holding children's matinees, and discussing on social networks the role of the “honored boards of housing cooperatives” in the operation of apartment buildings. To ensure that housing inspection officials do not have questions about the expenditure of budget funds, it would be better not to receive them at all. Residents of the building, at their own expense, can oblige the board of housing cooperatives to “shower rose petals” to everyone entering the entrance of an apartment building. The duty of “shedding” is not spelled out in the legislation of the Russian Federation, therefore control over it is not within the competence of the Moscow housing inspection.
Chairman of the Board of Housing Society "Maryino-9"
Ph.D., Associate Professor, Moscow State Technical University. N.E. Bauman
Goncharenko Konstantin Vladimirovich
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1. Can a housing cooperative enter into a management agreement with another building that does not have a housing cooperative or a homeowners association.
1.1. Hello. Yes
2. What about in housing cooperative buildings? What regulations apply to the chairmen of housing cooperatives? What contract for house management should be signed with the chairman of the housing cooperative?
2.1. He himself will sign whatever he wants with you, so managing the house is included in the statutory activities of the housing cooperative.
3. In our apartment building, the housing cooperative has been managing the management since 2003, now some of the residents have organized TSN, there is a real war going on, TSN is registered in the State Housing Institution, some of the residents want to challenge the legality of the creation of TSN, question: If TSN is liquidated, then in this case the old housing cooperative will return control home, or will it be necessary to choose a new control method anyway?
3.1. If the creation of TSN is declared illegal, then the house was managed by the housing cooperative previously and will continue to be managed; there is no need to re-organize anything.
4. Can a general meeting of members of a housing cooperative, held in absentia, elect the same person to the counting commission and the audit commission? Clause 1 art. 120 of the Housing Code of the Russian Federation: Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, or hold other positions in the management bodies of a housing cooperative. What other positions in management bodies cannot be held simultaneously by members of the audit commission? Thank you.
4.1. The counting commission of the general meeting of members of the housing cooperative is a certain “technical attribute” of the general meeting of members of the housing cooperative and is not its governing body. Accordingly, any member of the housing cooperative can, at his request, be included in the number of candidates for election to the counting commission of the general meeting.
Members of the audit commission of the housing cooperative (the housing cooperative auditor) do not have the right to hold ANY other positions in the management bodies of the housing cooperative.
5. If the house was built and put into operation in 1969, the method of managing the housing cooperative. We are making changes to the charter in accordance with the Housing Code of the Russian Federation. Which authorities should register it and is it possible to remain a housing cooperative?
5.1. You need to submit a set of documents to the tax authority.
The list of documents required for submission to the tax office is established in Art. 17 Federal Law "On state registration of legal entities and individual entrepreneurs". There will be no change in the form of management of an apartment building in the form of a housing cooperative.
6. In an apartment building, the established method of managing the house is a housing-construction cooperative, the highest body of which is the Conference. Do the owners of apartment building premises have the right to convene a general meeting of owners and change the method of managing the house from a housing cooperative to a management company or HOA. (According to the Housing Code of the Russian Federation) or can the decision to change the method of managing the house only be decided by the Conference of the housing construction cooperative?
6.1. Good afternoon
Any owner of a residential building has the right to put forward an initiative to hold a general meeting. The owners have the right to choose the method of management at the general meeting of owners.
Article 161 of the Housing Code of the Russian Federation
3. The method of managing an apartment building is chosen at a general meeting of owners of premises in the apartment building and can be chosen and changed at any time based on its decision. The decision of the general meeting on the choice of management method is mandatory for all owners of premises in an apartment building.
7. The owner of a manually driven car, a disabled person of group 1 (opornik), who is not the owner of the residential premises, and is permanently registered, requires the housing cooperative to allocate a parking space at the porch. The house has privatized the land based on the foundation, there is no free land, the house has more than 80 sq. m., the area near the porch is very small, less than 10 m from the windows of the living quarters and a passage for special needs. Transport. Please tell me what to do so as not to break the law?
7.1. Good day to you. In this case, the housing cooperative needs to hold a meeting of general owners. Good luck and all the best.
8. If the housing cooperative has chosen a management company to manage the apartment building, is this a way out of the housing cooperative and, if so, where is the housing cooperative’s house book kept?
8.1. In this case, this is not a way out of the Housing Construction Cooperative. The house register must be kept in the Management Company
9. Hello! I need to fill out an application for membership in the housing cooperative. The father is the owner of the apartment, moreover, he lives and is registered in another city and another apartment. I, in turn, have a notarized power of attorney to “manage” the affairs of the apartment (there’s a whole list there). The application should be written on my behalf, that I want to become a member, or on behalf of my father, but should I just attach a power of attorney and notify of its presence in the application?
How will it be true?
9.1. Ivanov Ivan Ivanochiv represented by his representative by power of attorney No. from ___Ivanova Maria Ivanovna
Or Maria Ivanovna Ivanova, acting on the basis of power of attorney No.___ in the interest of Ivan Ivanovich Ivanov.
9.2. The power of attorney must indicate such authority, you are writing an application on behalf of your father, your signature and surname, attach the power of attorney and indicate in the application.
9.3. You are acting on behalf of the principal, who is the father. In your case, when drawing up an application, it is necessary and correct to write: “Full name, acting on the basis of power of attorney No.... from...”.
10. Our house belongs to the management of the housing cooperative, but the chairman will enter into an agreement with the management company for the maintenance of the house. Is it correct?
10.1. Good afternoon
A housing construction cooperative is not prohibited from concluding an agreement with a management company (Part 2.2 of Article 161 of the Housing Code of the Russian Federation).
The only question is whether the chairman of the housing cooperative is vested with the authority to conclude contracts on behalf of the housing cooperative or whether the issue of concluding contracts with the management company is decided by other bodies (board, general meeting of the housing cooperative). Therefore, it is necessary to familiarize yourself with the charter of your housing cooperative.
11. The house is managed by the housing cooperative. The chairman of the housing cooperative took the primary registration cards and certificate forms - he issues them himself. The Single Window Law has been violated. Some residents find it difficult to obtain Certificate F-9. Is this correct?
11.1. Good evening. This is an illegal system. That this information should be located directly in the organization itself but not with the chairman. You need to write complaints directly to the prosecutor's office about the illegal actions of the chairman. You also need to write a complaint to the housing department. Have a nice pleasant evening.
11.2. This is arbitrariness - Art. 330 of the Criminal Code of the Russian Federation, file a complaint with the police
also contact the prosecutor's office, they will conduct an inspection and issue an order.
12. The house is managed by the housing cooperative. The chairman of the housing cooperative took the registration cards and is registering the house. Does he have the right to do this?
12.1. Yes, it has.
Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation (approved by Decree of the Government of the Russian Federation of July 17, 1995 No. 713)
4. Responsible for the registration of citizens at the place of stay and place of residence are officials holding permanent or temporary positions related to the performance of organizational, administrative or administrative responsibilities for monitoring compliance with the rules for the use of residential premises and social premises.
III. Registration of citizens at place of residence
16. A citizen who has changed his place of residence must, no later than 7 days from the date of arrival at his new place of residence, contact the officials responsible for registration
In the absence of housing maintenance organizations when occupying residential premises owned by citizens or legal entities, the specified documents are presented to these citizens or a representative of the legal entity who is entrusted with the responsibility for monitoring the use of residential premises.
17. Officials responsible for registration, as well as citizens and legal entities providing residential premises owned by them for residence, within 3 days from the date of citizens’ application, transfer the documents specified in paragraph 16 of these Rules, along with address sheets arrival and statistical accounting forms to the registration authorities.
13. Our house is managed by a housing cooperative; an adult teenager went to the district passport office to receive a passport, and he was told that he should receive a passport from the chairman of the housing cooperative. Is it correct? Are there any violations in the fact that strict reporting documents are issued by a person working on a voluntary basis (he does not receive a salary from the housing cooperative)
14. From the first of June, receipts for utility bills must arrive separately from resource providers. Before this, we received one receipt that indicated all utility bills: gas, water. Electricity, heating, etc. I live in a house managed by a housing cooperative. Is the rule on separate receipts provided for houses of all forms of management? I am afraid that in our house the chairman will decide that we will pay as before, but I am satisfied with separate payments. With this form of payment there is less theft.
14.1. Good evening. To find out how utility bills should be calculated and how many receipts should be received, it is better to check with the housing inspectorate of your city
15. I bought an apartment in a housing cooperative in 2016. I am not a member of the housing cooperative - do I need to pay in the “House Management” receipt for the salary of the chairman and accountant? It’s been almost a year now that I’ve been paying for everything, including this item. If I can not pay, how can I apply for recalculation (application in writing)
15.1. In any case, you need to pay for this column, regardless of whether you are a member of the housing cooperative or not, because this service is provided to all home owners.
16. How to draw up contracts with utility service providers directly (apartment owner-supplier), if the apartment is in a building with house management in the form of a housing cooperative (in the USSR - a housing construction cooperative)?
16.1. Good afternoon, it is necessary to hold a general meeting of the district housing cooperatives, at which the issue of concluding contracts directly with resource supply organizations should be raised.
Article 155 LC
6.3. Based on the decision of the general meeting of members of a homeowners’ association or a housing cooperative or other specialized consumer cooperative, owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or lease agreements for residential premises of the state or municipal housing stock in a given building may pay for all or some utility services to resource supplying organizations, and for utility services for the management of municipal solid waste - to the regional operator for the management of municipal solid waste. At the same time, the payment of fees for utility services to resource supplying organizations, the regional operator for the management of solid municipal waste is recognized as the fulfillment by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or agreements for the rental of residential premises of the state or municipal housing stock in a given building of their obligations to pay payments for utility services to a homeowners' association or housing cooperative or other specialized consumer cooperative, which are responsible to such owners and tenants for the provision of utility services of adequate quality.
17. What are the pitfalls (what to pay attention to, what to check) when transferring the management rights of an apartment building from the chairman of the board of the housing cooperative (housing construction cooperative) to his successor?
17.1. So the advice is simple. There is a Charter of housing cooperatives. So act on it. And the “successor” must be chosen by the members of the housing cooperative. After all, according to the Charter, the Management Board of the housing cooperative is usually elected at general meetings of the members of the housing cooperative.
17.2. It is necessary to draw up an acceptance certificate and a list of transferred documents and seals, including balance sheets and reporting for the last 4 years.
18. MKD, by default, after construction and commissioning is managed by housing cooperatives. What is a priority when making decisions on managing a house - the Charter of the housing cooperative (with 10 members) or the Housing Code of the Russian Federation and the meeting of owners of apartment buildings who are not members of this housing cooperative?
18.1. Good day!
The determining factor in making decisions on the management of a house is the Housing Code of the Russian Federation and the meeting of owners of apartment buildings who are not members of this housing cooperative.
Always happy to help! Good luck to you.
18.2. If a housing cooperative is chosen as the management method for the building and you, as the owners, do not want to change the management method, then the owners need to write an application to become members of the housing cooperative, since management bodies are formed from among the members of the housing cooperative. The Housing Code of the Russian Federation separates the powers of owners and members of housing cooperatives. Therefore, first of all, you must understand the priority of the issues that you want to solve when managing your home.
19. Can the board of housing cooperatives change the status of house management to private and call themselves a microfinance organization without notifying the residents of the house?
19.1. Hello Evgenia Nikolaevna, I don’t understand your question, what do housing cooperatives and a microfinance organization have to do with it, how and what happened there?
19.2. Hello, a housing cooperative cannot be a microfinance organization, please clarify your question so that we can answer you. Sincerely, STANISLAV PICHUEV.
20. There has been a housing cooperative in our house since 1973. Currently all owners. All contributions have been paid. The housing cooperative continues to exist. Should owners, on the basis of Part 2 of Article 161 of the Housing Code of the Russian Federation, hold a meeting of owners to choose a method of managing apartment buildings? Such a meeting has never been held before. Lyudmila Kimovna.
20.1. Members of a housing cooperative with their own funds participate in the acquisition, reconstruction and subsequent maintenance of an apartment building.
Are you unhappy with the maintenance of your home?
You can hold a meeting and transfer the powers of the management company or create an HOA,
but housing cooperatives can continue to serve.
20.2. Should owners, on the basis of Part 2 of Article 161 of the Housing Code of the Russian Federation, hold a meeting of owners to choose a method of managing apartment buildings? In this case, it is not necessary to hold this meeting.
21. We bought an apartment, it’s already been a year, the management has the status of a housing cooperative, over these three years there have been no changes in the direction of improving the life of our house on the part of the management. I didn’t join the housing cooperative, is it possible to do it in such a way that I don’t have to pay the housing cooperative at all, but pay separate bills for water, heating, etc...?
21.1. I didn’t join the housing cooperative, is it possible to do it in such a way that I don’t have to pay the housing cooperative at all, but pay separate bills for water, heating, etc...?
In principle, separate payment is possible if you enter into separate agreements with resource supply organizations. You need to negotiate this with resource providers.
22. We have a three-room apartment, managed by a housing cooperative. Every month we pay for major repairs in the receipt. Now a receipt has arrived for another 8,000, supposedly for two years, and penalties are already being charged. What is this? How legal? They also say it’s okay, pay in installments.
22.1. In such situations, an appeal to the local housing inspectorate and the court is required.
The application addressed to the head of the management company must contain information about the citizen and his contact information. Next, the essence of the claim should be stated: referring to the figures indicated in the receipt; comparing them with real facts and events. For example, residents may not agree that repairs to the house or utility networks were not carried out, and fees for such services were charged regularly. Or the fact of supplying low-quality utilities was recorded, and the management company unreasonably refused to recalculate, etc.
23. Housing cooperatives were liquidated by decision of the tax office, whether the owners can choose the method of management of the management organization.
23.1. Hello, yes, you need to call a meeting of owners, having previously notified all owners of the meeting, draw up minutes of the agenda and vote, it is better to contact lawyers for help)
24. I am a member of the housing cooperative. delivery deadlines have been delayed by a year. The contract contains a clause about penalties for delays in delivery. But I signed a power of attorney in the name of a representative of the management of the cooperative with the right to vote at meetings of members of the cooperative. I’m going to file a lawsuit, but I’m afraid that they will say that at one of these meetings the deadline for delivery was postponed (allegedly you yourself signed the power of attorney). although the power of attorney itself is not notarized. Are there any chances of winning the trial in this situation?
24.1. Before going to court, first a mandatory written claim based on the norms of the Civil Code with a calculation of the penalty and if there are other damages, did you submit it? By proxy, decide separately.
25. We live in a housing cooperative building. Is it possible to somehow get rid of the house management and become like a municipal house with privatized apartments without a chairman and board? They are only registered, they are of no use, but they receive a salary. There are no applicants for the position of chairman either; the term of office of the current chairman ends on October 1. What happens if we don't elect any chairman? We have a management company. Can she take over the functions of chairman? House and Charter since 1969.
25.1. Re-elect or hire management company
26. To make decisions on the management of an apartment building in a HOA, the owner must be a member of the HOA. Do I need to join the housing cooperative, which built the residential building in which I bought an apartment, in order to have the right to vote in deciding issues relating to the common property of the house?
26.1. Hello! Of course, you need to join if you want to have the right to vote at a meeting held by the housing cooperative.
27. I live in an apartment building managed by a housing cooperative. A neighbor down the hall has created a garbage dump in the apartment, which is the source of a terrible stench and an infestation of cockroaches in the entire entrance. What methods can you try to correct the situation? Thank you.
27.1. What methods can you try to correct the situation?
There is only one method - get up from the couch and register statements with the police, the administration, the prosecutor's office, and the housing inspectorate. :sm_ay:
28. I am a member of a housing cooperative, the developer went bankrupt (SU-155), temporary management was introduced from March 18, 2016. Is it still possible to submit documents to confirm ownership of the apartment.
28.1. submit an application to the arbitration court, but not to confirm ownership
29. Our organization is not a management company (homeowners association, housing cooperative, etc.), but they have taken over the management of an underground garage. We charge utilities (electricity and maintenance and repairs) without VAT, acc. Article 149 of the Tax Code. The organization is on OSN and the main OKVED is trade, but OKVED is also prescribed for real estate management. Question: Do we correctly charge utility bills to owners of parking spaces? Thank you.
29.1. Hello, your question is of a commercial nature. This site is subject to payment.
30. House of 8 apartments under direct management. What to do with money for a major overhaul. The authorities say payments will come from the regional fund. Is it so? We built our cooperative house ourselves and always renovated it ourselves. We want to close the housing estate and switch to direct management. We are tired of submitting reports to housing cooperatives in nulevka and reporting to all organizations that we are not conducting any activities. Is it worth it? Please advise.
30.1. You have options: a capital repair fund or your own special account.
If you are involved in the maintenance of the house yourself, then it is preferable to look at the second provision of the residential complex on major repairs.