Creation of homeowners' association per year. Step-by-step instructions for organizing housing construction in an apartment building

Grazh. Of the Code, the owners of apartments in MKD, in addition to their premises or shares in them, own on the right shared ownership also premises belonging to the general house.

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For high-quality management of common house property, the owners of the premises can involve third-party organizations, concluding a service contract with them, or create own company on management.

What is it for

Housing legislation gives the main goals of creating a HOA:

control over the ownership, use, and in cases, provided by law, and the disposal of common property;
creation, content common property through collective decisions that take into account the interests of each individual owner and the interests of all apartment building;
provision of housing and communal services and ensuring their proper provision through interaction with resource-supplying organizations;
carrying out other activities aimed at improving the quality of life of the owners of premises.

A partnership is a non-profit company whose main purpose is not to make a profit.

This is fundamental difference Homeowners' association from the management company. The latter, in turn, is established precisely for the purpose of commercial activities.

Legal basis

The Housing Code identifies two Chapters at once that regulate the activities and rights of participants in such partnerships at the legal level - Chapter 13 and Chapter 14 of the RF LC.

ZhK RF covers such issues as:

general concept Homeowners' association;
order of establishment and state registration;
members' rights;
responsibilities;
the procedure for reorganizing, liquidating or merging homeowners' associations;
legal status of members.

Where to begin

The legislation allows the owners of premises to choose the method of management of the common property for themselves.

There are three main ways:

management with the involvement of a third-party company - a management company (MC);
direct control.

As practice shows, most tenants know that there are much more advantages in creating an HOA than in attracting a third-party company for management purposes.

And although the procedure provides for the implementation a large number actions, the whole process consists in:

making a decision at a general meeting of tenants on the creation of a homeowners association;
collection, preparation and submission of documentation for registration of a non-profit organization;
registration of a legal entity with the Federal Tax Service.

The general meeting is the body MKD management... It is carried out through the discussion of the topics on the agenda and the adoption of a collective decision on these issues.

A meeting on the establishment of an HOA is an extraordinary meeting that can be convened at the initiative of any owner.

The initiator is obliged to inform that the meeting will be held at least 10 days before the meeting.

registration

After the meeting and approval of the Charter of the partnership, the person authorized by the apartment owners to perform legally significant actions on behalf of the partnership shall provide the territorial tax authority a package of documentation for registration of a newly created legal entity.

List of required documents:

Organization charter in 2 copies;
protocol general meeting tenants (original and notarized photocopy);
receipt of payment of state duty.

The tax authority will consider the documents provided and make a decision on the registration of a legal entity with the issuance of a corresponding certificate.

This is not the end of the registration - the newly formed HOA needs to register a bank account in order to carry out monetary transactions. After opening an account, it is transferred to the balance of the partnership.

The transfer to the balance sheet is carried out with the participation of a commission consisting of representatives of the territorial administration body. Notification of opening an account is sent to the Committee for the Management of Economic Relations of the local administration body.

Conclusion of a contract

After the completion of registration activities, the partnership must conclude contracts:

with contracting companies for the repair and maintenance of an apartment building, maintaining engineering networks in working order;
with suppliers of utilities and household services.

Important! Contracts with resource suppliers and contractors are concluded by the chairman of the HOA, taking into account the interest of the rest of the tenants and the entire partnership as a whole.

All expenses are paid from the contributions made by the owners for the repair and maintenance of the dwelling.

The amount of monthly installments depends on:

estimate documentation of the HOA;
the area of a concretely taken dwelling.

How to draw up documents

Registration of documents can be done:

by the tenants themselves, usually by a specially authorized initiative group, consisting of 5-10 people with the appropriate specialized specialties (lawyer, accountant, technologist, etc.);
through specialized legal companies that register turnkey legal entities.

Experienced lawyers will handle the case from the beginning to the very end - from organizing a meeting of owners and ending with opening a current account and concluding agreements with third-party companies.

Obligations of the organization

The obligations of the HOA are regulated by the RF LC:

comply with the requirements of Federal Laws, LCD and Civil Code of the Russian Federation;
manage MKD in accordance with the requirements of the law;
fulfill obligations under an agreement with third-party institutions;
to ensure the maintenance of MKD and engineering networks in proper condition;
encourage apartment owners to make timely payments for services provided;
ensure the observance of the rights of owners;
take the necessary measures to prevent emergencies and emergencies, and eliminate them in a timely manner.

Is it profitable

The question is whether it is beneficial to conduct a partnership economic activity will remain open. And all because, for the most part, the success of the HOA depends on the tenants themselves.

So, the RF LCD gives the right of apartment owners to independently determine the cost estimate for the next year. This means that tenants can determine what work should be done and what will “wait”. This can affect the amount of payments for the repair and maintenance of housing.

If most of the owners are inclined to non-payment, the HOA has the right to collect expenses in judicial procedure... This is an additional problem - in addition to the running costs of the improvement, the partnership will also have to spend money on legal costs.

In order to effectively manage one or more houses, a homeowners' association is organized. In addition to the desire of the homeowners, in order to create it, it is necessary to perform a series of actions, after which register as a legal entity. Let us analyze in stages why it is organized, especially, we will consider in detail the stages of how to create an HOA.

Features and goals

Homeowners' association is a non-profit organization that performs the functions of a governing body, representing the interests of residents. Its activities are aimed at organizing repair work, introducing innovations, monitoring the quality of services supplied by utilities, paying bills.

The creation of an HOA can occur for several reasons:

dissatisfaction with the current management company, the quality of services provided to it;
excessively high cost of payments for utilities;
despite the funds regularly donated by residents, they are not performed on the territory and in the house itself renovation work and cleaning;
absence feedback with the management company, ignoring complaints and demands of tenants.

In order for a desire to create an HOA, one of the points is enough. But if most of the tenants have no complaints, then it will be difficult to obtain consent to his education. After all, more than half of the tenants should be positive about the change of the existing management company.

The creation of an HOA has a number of features and advantages over other forms of management, namely:

the solution of the assigned tasks can be carried out both on our own and by attracting contractors;
control over the quality of services of the service organization with which the contract was concluded.

At the same time, all contractors hired must perform services at a level that will comply with statutory standards. But when organizing a HOA, you need to understand that in addition to the obvious advantages, such an organization is a big responsibility. After all, it is necessary to deal with many nuances related to property management, the subtleties of use utilities... This is necessary to understand how to organize an HOA correctly. Let's consider the most important stages of creating a partnership in more detail.

Stages of creating a homeowners association

Let us consider in detail how to start the formation of a homeowners association. The initiative of organizing a partnership can belong to any of the residents of the building. It is best for this person to be on good standing among others, he had a positive reputation and trust. After all, he will have to convince others of the need to create a partnership.

The organization of the HOA itself takes place in several stages:

create an initiative group of responsible residents who are subsequently able to form a board;
planning a strategy during the meeting of the created initiative group, including basic questions and answers for the general meeting of residents, taking into account the norms of the legislation;
assessment of available resources: probable risks, initial capital for registration;
notifying residents of the meeting, that is, sending invitations or another method of notification;
direct meeting of tenants with subsequent voting for or against the creation of a partnership in an apartment building;
after a positive vote, registration as a legal entity;
opening a bank account;
appointment of board members and, if necessary, recruitment of personnel;
conclusion of contracts with tenants regarding the provision of utilities;
selection of contractors and conclusion of an agreement with them.

Members of the board and the chairman of the HOA himself are elected at the general meeting by voting.

Organization of the initiative group and its activities

Each of the residents of a house or several houses for which it is planned to create a homeowners association can join an initiative group. It is they who are responsible for notifying the others about the meeting, and are also involved in the implementation of how to organize a HOA in an apartment building. The notice of the planned meeting must be accompanied by the agenda and the issues that will be discussed at it.

The initiative group is chosen by the rest of the residents or self-nominated. But it is highly desirable that among them there were specialists in accounting, jurisprudence, who understand the basics of housing and communal services. Another important criterion is the trust of the majority of residents. After all, it is the members of the initiative group that most often become the board of the HOA. This means that they must be responsible, good business executives and specialists in the required fields. And know all the intricacies of how to open an HOA.

Conducting a meeting

At this stage, the issue of creating a homeowners association is being resolved. Residents of an apartment building or several that have a common territory or are located next to each other gather, decide on the expediency of creating a partnership. A partnership can only be created with a majority of positive votes, taking into account the presence and participation of at least two homeowners. In this case, notifications must be sent at least ten days before the day scheduled for the meeting.

If there are several owners in one apartment, it is better for each of them to receive an invitation. But this does not apply to minors, since only residents who have reached the age of majority have the right to vote. Owners attending the meeting must have with them:

passport;
original or copy of the certificate of state registration of ownership of the living space

If there is no certificate of state registration, it can be replaced by other documents that give the right to own real estate:

sale and purchase agreement, transfer of living space or rent;
certificate of inheritance;
extract from the unified state register.

If the tenant cannot be present at the meeting and wants to vote, he can draw up a power of attorney for any neighbor who can vote on his behalf, which is necessary to create a homeowners' partnership. Such a power of attorney does not require notarial confirmation, it is drawn up in a free writing... The number of homeowners can be found in the passport office to which the house or houses are linked.

The meeting discusses what was specified in the agenda attached to the notice. In this case - the question of creating a partnership with subsequent voting. Moreover, the procedure for organizing such meetings is clearly spelled out in housing code RF. For voting, ballots are prepared in advance, which are distributed to everyone who comes with Required documents... Only in this case, residents can vote, and their vote will be taken into account.

Subject to positive votes from more than half of the owners, a decision is made to create a homeowners' association. After that, the board and the chairman of the partnership are elected, which are the executive body of the created association.

Drawing up a protocol

The next responsibility that is assigned to the initiative group is keeping the minutes of the meeting necessary for the opening of the HOA. Upon its completion, it is necessary to indicate in it the fact of a positive decision to create a partnership. The protocol plays an important role, has legal force, and therefore must be correctly drawn up and comply with the provisions of the housing code of the Russian Federation. This means that the members of the initiative group are obliged to know in advance all the subtleties of its design. For this it is worth getting legal advice which will help you avoid mistakes.

Such step-by-step instruction on how to create an HOA. As you can see, there is nothing too complicated. However, for correct design papers need legal advice and initiative people in the board of the partnership, who will defend the interests of the residents of the house.

For one apartment building, a homeowners' association is created in only one copy. This decision is made at a separate meeting. It is accepted only if more than 50 percent of those who took part in the vote cast their votes.

The goals of creating a homeowners association. What it is?

Simply put, it is an association of homeowners in an apartment building. The Housing Code is defined as not commercial organization ... It is created in accordance with the framework established in the current legislation.

Recently, the question has often been raised about the negative consequences for residents who choose exactly this way of managing their property. But this does not happen because of the very existence of the organization. The problem is the wrong creation procedure. Sometimes they are created not in order to make life easier for residents, but in order to open access to financial resources, additional powers for certain persons.

Negative consequences are not manifested everywhere. The main thing is to take into account all possible features of this process in advance.

O possible ways house management is written in article 161 of the Housing Code of the Russian Federation. And article 44 obliges owners to hold general meetings if a really important decision needs to be made.

The activity of the HOA is also devoted to article 135 of the Housing Code of the Russian Federation. In general, there are many articles that make up regulatory framework for this field of activity:

Clause 9 of Article 148.
Part 2 of article 147.
Part 5 in article 147
Part 6 in article 146.
Part 8 of Article 156
Article 152, part 3.
Part 3 of article 151.
Part 1 in article 149.
Part 2 of Article 137.

Initial steps

Homeowners' associations are organized both in one apartment building and in several at once. Or on, which are united by one, common territory.

There are several complications associated with certain factors:

How to regulate legal and financial issues?
Who submits tax reports and how?
Records management.
How do you organize general meetings?
Conducting voting.
The procedure for the formation of a homeowners association requires strict compliance with current legislation.
How to collect information from residential property owners?

HOA activity is based only on legal aspects mentioned in the Housing Code. For an organization to be legal, the owners must join at least 50 percent of the total area of the house... Each tenant has the right to refuse to join the HOA. But even in this case, there is a duty to fulfill the instructions after the general meetings. But such tenants are not allowed to vote.

It is obligatory to create an initiative group from among the tenants of the apartments, minimum of 5 people... For the adoption of the charter, an initial general meeting is formed. And for the preparation of the preparatory documentation, the initiative group sends an application to the city administration.

General meeting

Initiative groups take on the bulk of the responsibilities associated with the affairs of the Partnership. At the preparatory stage, it has already been partially formed. It is the representatives of the initiative group who prepare the agenda and send out invitations, and they are the people who are responsible for the development of the future charter. And for the formation model Protocols for each meeting. Finally, this same group is responsible for the creation of voting forms.

The meeting is held to discuss any important issue. On it, each tenant is told about the need to create an HOA, explain what advantages this form of partnership has.

Sometimes voting takes place in absentia. Each tenant is given some time to make a decision. The main thing is to provide in the charter in advance for the possibility of absentee voting. A separate voting form is prepared for each member of the community. Or for every question on the agenda. Each form must have three options: abstain, for or against.

The vote count should not be based on how many people took part. And according to the total area that belongs to the tenants. For example, owners of a 70-square-meter property have more votes than owners of a 30-meter space.

About the approval of the charter

The charter is the main document on which almost all HOA activities are based. The proper functioning of the organization itself depends on how competently the text of this document is prepared.

The main requirement for the charter is to be as simple as possible. It should not include items that are not supported by applicable law. It is logical to copy the 6th section of the Housing Code, making changes along the way.

Then there will be no double interpretation of the rules. The following points must be present in the HOA Charter:

How many members are on the audit committee?
How many members are on the board?
Convening procedure HOA members.
The location of the HOA.
The name of the HOA.

There are only a few concepts that are subject to some discrepancy. For example, you can:

You can, at your discretion, formulate a procedure according to which joint meetings are held, in which HOA members and apartment owners take part.
Transfer powers of choice to the general meeting of HOA members. Then the Chairman himself will be less dependent on the members of the board. But more will depend on all members of the HOA.

While the HOA Charter is being prepared and drawn up, it is necessary hold meetings in the usual manner on all matters of importance:

The size of the fees associated with repairs and maintenance is being discussed.
For intramural, absentee voting.
Re-election of chairmen and board members.
Use of common property.
Land use.
Carrying out house reconstruction.

Unresolved tax issues require separate accounting... It is desirable to include in the HOA Charter the requirement that the community should include approximately the same number of representatives from each entrance.

The HOA Charter is a document binding on all HOA members. But this does not apply to the owners of residential premises.

About the registration process

Any member of the board can submit a package of documents to the appropriate government agency to register an HOA. The department of the Federal Tax Service is responsible for this procedure. The package of documents consists of:

Receipt confirming payment of state duty.
Application for registration of a legal entity. Form 11001 is used.
Minutes of the Board of the HOA. All board members must certify it with their signatures.
Of the Charter of the Partnership. In the final version, approved at the general meeting. Served in duplicate.
Minutes of the meeting, original, or in the form of a notarized copy.

Federal Tax Service processes requests in seven days maximum.

What other procedures are needed to complete?

The acceptance certificate is the main document by which the house is transferred to the management of the HOA. A special commission must be present during this process. It usually also includes members of the HOA management, representatives of the municipality. The text of the act is always accompanied by technical documentation relating to a particular building. It must comply with the rules and regulations of operation apartment buildings.

When going to another form of government there should be no changes in the rights of apartment owners. When the house is transferred to the management of the HOA, special notifications are created. They are sent to the Property Management Committee, as well as to the City Administration of the Administration.

A bank account for an HOA is opened only in the name of a legal entity.

The former balance holder of the house must be notified of what happened. All required data is provided.

Conclusion of contracts

Common property, conditions and rules for its maintenance become the main subjects for such contracts. with owners who have not entered the society.

What is stipulated in the contract?

Description of the property to be repaired, upkeep.
What kind of repair and maintenance work is being carried out? How exactly?
What is the responsibility of the HOA in case of default?
Information about the owner's obligations and other repair and maintenance costs. Order, size, and terms of payment.

The agreement with the HOA is drawn up in duplicate. The owner and the chairman of the board must put their signatures on it. The board of the partnership must also agree with these actions. The ideal option is when all homeowners join the HOA. But the Legislation does not give the right to conclude an agreement forcibly if someone is against it. All losses are borne by the HOA if the owners refuse to pay utility bills.

The house can also be transferred management organization, which is elected at the general meeting. By the decision of the general meeting, the agreement for the management of the apartment building is approved in this case. The task of the managing organization is given by homeowners or members of the HOA board. One party reports to the other every year on how the conditions described in the contract are being met.

The management organization can also choose the ways in which this or that house will be serviced. To do this, you can involve staff members of the HOA, or third-party workers.

Is it worth organizing an HOA at all? The answer is on video

The video below reveals not only the organizational aspects of creating a homeowners association, but also motivational ones. Is it worth taking on this business, or entrusting the house to a management company?

01.04.19 46 430 66

To save money on heating and hot water

I am 30 years old, and for the third year now I am the chairman of the HOA of my house.

Gennady Goncharov

HOA chairman

With the help of the HOA, residents themselves manage the apartment building: they can influence its improvement and reduce the cost of utilities. For example, in two years we managed to reduce payments for heat and hot water by more than two times. I live in an apartment with an area of 60 m² and in January alone I saved more than 2 thousand rubles on heating: I used to pay about 3,500 rubles a month, now no more than 1,300.

I will tell you how we did it, what difficulties we encountered and how they could have been avoided.

For residents of houses with their own boiler room

The author tells how, with the help of the HOA, the tenants of his house were able to reclaim the boiler room on the roof from a third-party company and reduce payments for heating and hot water. Therefore, this article is primarily for residents of houses with their own boiler room, who pay too much for its resources.

This does not mean that other readers will not be interested in reading the article. The homeowners' association independently manages the apartment building and solves issues that Management Company usually does not want to do: high-quality and durable repair of entrances, saving residents' money to pay for utilities, fencing the territory, etc.

If something does not suit you in the house where you live, perhaps the creation of an HOA will solve the problem.

Homeowners' association or TSN. On September 1, 2014, Real Estate Owners Associations (TSN) appeared, which legally replaced the HOA. Now only TSN can be registered, and existing HOAs must make changes to their constituent documents... TSN is a more general concept that includes the association of owners not only of premises in apartment buildings, but also of residential buildings themselves, garden plots, summer cottages, garages, etc.

Despite the fact that the HOA does not exist legally, the term “homeowners' association” still exists in the housing code. It is the HOA, and not TSN, that has the right to manage an apartment building. In the article we will use the term "HOA", because this is more familiar. And the speech in the article is about the partnership of the tenants of an apartment building, and not about something else.

Why we decided to create a HOA

I live in an ordinary provincial town - Engels, this is the Saratov region. 225 thousand people live here. My house is ten-storey, built in 2008, there are 180 apartments in it. The entire first floor is occupied by shops.

A few years ago it occurred to me that life in our apartment building can be improved on our own. I found like-minded people among the neighbors. For our money, we set up video surveillance, cleared an abandoned area in the middle of the yard, which the homeless people fell in love with, and thought about fencing the territory of the house with a fence. When I once again received a huge - for 7 thousand rubles - payment from the management company for heating and hot water, I realized that something else needed to be changed.

We decided to find out how many enterprising tenants are in the house, and posted an announcement about the meeting at the entrances. Only seven people came, although the house has five entrances and 180 apartments. At the meeting, we came to the conclusion that the reason for the huge and incomprehensible payments for heat is our roof boiler room. During the construction of the house, the developer assured the equity holders that the boiler room was a guarantee of savings, but it turned out the other way around.

Our boiler house was not in common share ownership, as required by law, but belonged to a company whose founder is the general director of a developer company. The boiler room was leased to another company with a license to maintain boiler rooms. Its founders included a person with the same surname.

Due to such a chain, residents were forced to pay for heating and hot water at a high rate, and not pay for the resources of the boiler house and the actual costs of its maintenance, as it should be by law. It was possible to correct this situation only through the court - and only if the HOA, and not specific tenants, would have filed a corresponding claim. Individual residents will not be able to manage such a dangerous facility as a boiler house, and the management company does not need extra work.

So we decided to create an HOA.

All that remained was to choose a person who would take care of all this. At that time, I did not understand well the topic of charges for housing and communal services, but I was sure that if in management of HOA if it’s not me, then sooner or later theft and misappropriation will begin. I also understood that if I was just on the board of the HOA, then I would not have sufficient motivation to figure it out. My income at that time was more than 100 thousand rubles a month, and I could afford to spend time studying new sphere... Therefore, I became the chairman of the HOA of my house.

What is HOA

An apartment building has common property of residents: walls, roof, basement, entrances, land plot, equipment - everything that serves several apartments or premises. For example, a cold water riser in the bathroom, through which water flows to the neighbors above or below, is a common property, and the wiring pipes extending from it around the room are the property of the residents.

Over time, everything falls into disrepair, everything needs to be monitored - this is what management companies (MC) do. But an ordinary management company is primarily a commercial organization. She may be professional and cost effective, but not interested in keeping owners' costs down or making the house stand up longer. Typically, the more money is saved in maintaining a home, the more profit is made to management, often at the expense of quality of work and utilities.

The real owners of the house are the homeowners' association, HOA. Homeowners' association is a non-profit association of owners in an apartment building who decided to jointly manage the house, ensure uninterrupted utility services and maintain common property.

The professionalism of HOA members is often far from perfect, but responsibility for their home and towards neighbors is a good motivation that replaces professional knowledge.

Governing bodies of the HOA. Main body management in an apartment building - a general meeting of owners. It is it that decides who will manage the house: the management company or the HOA. The general meeting also decides how to use the common property, and can change it.

The assembly of HOA members is a less powerful body. It makes decisions on the activities of the partnership, elects the board from among its members, sets membership fees, etc.

The board is a few people who manage the activities of the HOA. They solve operational problems, think over the strategy of the partnership and make proposals to general meetings of owners or meetings of HOA members. They also elect from among their members the chairman of the board. All or some of the members of the board may receive remuneration for their work from the funds of the partnership, if the meeting of the members so decides.

All employees of the HOA are directly subordinate to the chairman. By law, he carries out the decisions of the board, but in reality the opposite is true. The HOA members' meeting appoints the chairman a monthly fee.

The law does not prohibit, in addition to the chairman, hiring a professional manager in the HOA. The only question is finance. In our HOA, the salary of the manager is now 17,000 rubles, the chairman is 2900 rubles.

The HOA must also have revision Commission... She makes sure that with financial activities The HOA was all right in terms of design and fairness. Her task is to find inconsistencies in financial statements and check whether all spending is targeted. Based on the results of her inspections, she reports to the tenants and can complain to the supervisory authorities - the tax, housing inspectorate or the prosecutor's office.

Homeowners' association creation plan

There is a lot of information on the Internet on how to create an HOA. But I still recommend contacting a lawyer in the field of housing and communal services to supervise the procedure. It cost us 10 thousand rubles.

Initiative group. First, among the tenants of the house, you need to find at least three like-minded people who share your position on the creation of an HOA and are ready to act. This can be done with the help of announcements in the porches and in the chat at home, if there is one.

Your associates are the future board of the HOA. In order for a decision to be always made at the voting of the board, the number of members must be odd.

Finance. Homeowners' associations need money for their activities. They are included in utility bills and are indicated in the receipts by the line "Content of common property".

First of all, money is needed for the salaries of employees - a locksmith, an electrician, an accountant, a janitor and others. In our HOA for 180 apartments, the cost of salaries for working personnel is 76 thousand rubles a month:

to the manager - 20 thousand rubles;
accountant - 15 thousand;
locksmith and cleaners - 10 thousand each;
electrician, janitor and dispatcher - 7 thousand each.

76,000 RUB

costs of salaries of working personnel in our HOA

The level of salaries in the regions is different, so talk with the chairmen of the HOA in your city to determine the size.

In addition to employees' salaries, money is spent on household chores. They are determined by an estimate of income and expenses, which must be drawn up and approved at a meeting of HOA members every year.

To understand how much the maintenance of the HOA will cost for each apartment, you need to add total amount expenses for the year and divide it by the total area of apartments and non-residential premises... The result is the rate of maintenance and repair of common property for 1 m². Compare it with the amount in the payment: if the rate in the HOA is higher than in the UK, HOA is not your option. Residents won't want to pay more.

If the house does not support the maintenance of the HOA, you can create an apartment building council that will interact with the management company and convey to it the wishes of the tenants.

General meeting of home owners

The decision to create a HOA is made at the general meeting of owners. You need to prepare for this meeting: draw up an agenda, order extracts from Rosreestr in order to draw up a list of owners, choose the dates of the meeting and the end of voting, print voting forms, etc.

It is very important to draw up the voting agenda correctly so that you do not have to hold the meeting again later. The agenda is a list of issues at the meeting, on which the owners will have to vote for or against.

The agenda of the meeting on the creation of a homeowners association must necessarily include the following issues:

Approval of the chairman and secretary of the meeting, vesting them with the right to count votes.
Approval of the procedure for counting votes, for example, 1 m² of the total area of the property is equal to one vote.
Choosing a way to manage a house - a management company or a homeowners association.
Homeowners association creation.
Approval of the charter of the HOA.
Determination of the quantitative composition of the HOA board.
On the election of members of the HOA board.
Determination of the quantitative composition of the audit commission.
On the election of members of the Audit Commission.
Approval of the person authorized to register the HOA.
Approval of the method of notifying apartment owners about the decisions taken by the general meeting. You can, for example, post information on an information stand, and not send registered letters to all residents every time.
Approval of the procedure for formalizing decisions of the general meeting - by minutes signed by the chairman and secretary of the meeting.
Approval of the place for keeping the minutes and decisions of the general meeting.
Approval of remuneration for the chairman of the board.
Confirmation of the name of the HOA.
Approval of a one-time fundraising for the creation of a homeowners association. It will come in handy to reimburse the expenses of the initiative group for stationery, registration, a lawyer, and so on.

The agenda for the meeting itself must match the agenda in the notice, so you cannot change the list of issues in the process. Questions on the face-to-face part and in the decision forms must reflect all the information and be clearly formulated so that you can vote for, against or abstain without additional comments from the voters. For example, the agenda item "Approval of remuneration for the chairman of the board" in the decision form may look like this: "Approve the remuneration for the chairman of the board in the amount of 15,000 rubles per month."

To get an up-to-date list of owners, you need to order extracts for all premises of the house through the FSIS service from Rosreestr. One statement costs 4 rubles, but first you need to get the key in your personal account.

By uploading the statements to one of the services for holding general house meetings, for example, on the Burmistr or Roskvartal website, you can print out personal voting forms, in which all the owner's data have already been filled in. It is much more convenient to vote with such forms.

Notifying all owners of the meeting. For extracts from Rosreestr, you need to print out the delivery receipt sheets - a table with the data of the owners. This can be done using any of the general meeting services.

With the table, you need to go through apartments and non-residential premises - shops or banks on the ground floor - and collect as many signatures of the owners as possible that they received a notification. The rest, whom it was not possible to personally notify, will have to send registered letters. The last notification must be sent at least 10 days before the meeting.

A general meeting of owners is usually held in full-time and in absentia. That is, first, a face-to-face meeting with everyone is held, and then the rest vote on the printed forms in absentia and submit the completed decisions in person or in the mailboxes of the members of the initiative group. The place of collection of the completed forms must be indicated in them.

On the face-to-face part, you need to be ready to answer the questions "What will the HOA change?", "Who are you?" and "Also going to steal?" Promise people absolute transparency of all charges for housing and communal services and expenses. It is important to understand the purpose of creating a HOA and its differences from the management company: the surplus of money collected for the maintenance of common property is spent only on the house, all income and expenses can be controlled, any questions can be asked to the board personally, because board members are residents of the house.

During the absentee part of the meeting, it is ineffective to scatter voting ballots in the mailboxes: people will not vote and will simply throw out these pieces of paper. We'll have to go from door to door and each hold a mini-meeting.

The number of votes of each owner corresponds to the area of his property. Owner's opinion three-room apartment more weighty than the owner of odnushki. To create an HOA, you need to get at least 50% of the votes plus one more “For” vote on all issues.

If you use services for general house meetings, this protocol is prepared automatically. All that remains is to print it out with all the annexes - the register of owners of premises in the house, a list of those who voted, a notice of the meeting, powers of attorney and filled in decisions of the owners. Applications are also generated automatically.

You need to print the documents in three copies: one remains for storage to the chairman of the meeting, the second must be given to the Criminal Code, the third to territorial body State Housing Inspection (GZI).

The protocol must be signed again by all the owners who voted for the HOA. In the Criminal Code, you can give photocopies of all ballots so that there is no suspicion of forgery of the minutes and the incompetence of the meeting. The originals of the ballots must be handed over to the GZI.

In the Criminal Code and GZI, a covering letter must be attached to the protocol in two copies for each: on one of them, the employees of the Criminal Code and GZI must put a mark on the acceptance of the protocol with attachments. All this must be done within 10 days after the end of the absentee voting. The total duration of the part-time part is not limited, we usually spend it in 2-4 weeks.

Copies of the protocol should also be placed on information stands in the entrances so that all owners of premises in the house can familiarize themselves with them.

Homeowners association registration

Like any legal organization, HOA must be registered with the tax office. Moreover, since 2014, the TSN needs to be registered, and not the HOA: otherwise, registration will be refused. Now documents can be submitted electronically and without paying the state fee, but I registered TSN personally with the tax office.

The finished minutes of the meeting and the charter of TSN in two copies were attached to the application in the form of P11001 and signed in the presence of a notary. The protocol and charter should use the term "TSN", not "HOA", this is important. I paid the state fee - 4000 rubles. I took all the documents to regional office Inspectorate of the Federal Tax Service, which is engaged in registration legal entities... A fresh sample of the TSN charter can be downloaded on the Internet - and remade for yourself if you don't like something.

4000 RUB

state duty for registration of homeowners association

Our protocol on the creation of a partnership was not signed by all the owners who voted for the HOA, so the tax office did not want to accept my application without a list with signatures. I had to give them the return receipt sheet.

After receiving the TIN and PSRN, you need to open a current account, make a seal, get statistics codes, pick up a notice from The Pension Fund and a certificate from the FSS.

Conclusion of contracts for the supply of resources

All resource supplying organizations with which the management company worked must be sent or taken personally with a note on the delivery of a letter on the creation of a homeowners association with the requirement to conclude an agreement for the supply of resources. Usually it is a water utility, power engineers, scavengers, elevators and intercoms.

Within a month, resource supplying organizations must conclude with HOA new contracts, and the Criminal Code must transfer the technical documentation to the house and other documents necessary for the work, as well as the keys to the premises.

Our rooftop boiler room is used to heat another house, which is located nearby. Therefore, ideally, we had to create a homeowners' association for two houses at once in order to reduce management costs - the salaries of an accountant and manager, a dispatcher, office costs, etc. But everything went wrong. The law says very little about the creation of an HOA for several houses, and there is almost nothing to find on the Internet on this topic either.

We had a common boiler room, and according to the public cadastral map the plots under the houses had a common border. But it turned out that in fact land houses are not formed, but general engineering communications the commission with the participation of representatives of the city administration did not find it. After talking with a dozen different lawyers, we came to the conclusion that it is necessary to create an HOA for one house.

Acceptance of the house from the management company

Before accepting a house from a management company, you need to make defective statement- a list of visible problems at home. This is done so that in the future the HOA would have a reason to sue the Criminal Code for money that was not spent on house renovation, although it should have been. We managed to win about 380 thousand rubles for Maintenance, which the Criminal Code did not do.

With a commission from the Criminal Code, you will need to go through the house again and indicate all the points from the list. It is better to invite a familiar locksmith or an experienced chairman of another HOA to bypass the basement and technical floor so that they see problems that you may not know about: blockages in the sewerage beds, non-working expansion tanks, clogged heat exchangers, etc.

House management documents The Criminal Code must restore at its own expense and transfer the HOA within three months. It:

Technical passport of the house.
Documents for metering devices.
Documents on the acceptance of the results of work, estimates and inventory of works.
Inspection certificates, condition checks.
Inspection certificates and issued passports of readiness for the heating season.
Operating instructions for MKD.
Cadastral plan of the land plot.
Extract from Rosreestr.
Urban plan of the land plot.
Documents confirming the validity of an easement or other encumbrance.
Project documentation.
Lists of owners, tenants and tenants.
Agreements on the use of the common property of MKD.
Decisions and minutes of general meetings of owners.
Other documents related to the management of an apartment building, the list of which is established by the decision of the general meeting of owners of premises.

Demand all documents, even if you think they are useless. Passing me a pile of dusty construction projects at home, the director of the Criminal Code sarcastically said that they constantly use them. In these "useless" projects, we found that the porches of the house had to be equipped with inclined lifts for the disabled. Now our HOA is filing a claim against the developer, referring to construction projects.

Meters data. Also, when accepting a house, you need to sign lists of meters with readings: they are used for the final calculation of the Criminal Code with the tenants. It is very important to go through all the apartments together with the management company employees in order to correctly draw up these lists: this will save the residents' money and your time in the future.

Many tenants do not submit their testimony to the Criminal Code, especially in the last months of the transition to the HOA. Then the management company charges a fee according to the standard. And then people transfer to the HOA the readings of metering devices with numbers less than those transmitted by the Criminal Code. That is, in the first month your house consumed, for example, 500 cubic meters of cold water, and people give readings with a negative volume, in which it is not they who have to pay for water, but you to them. This is a big headache for the HOA: you will have to add cubes according to the standard and change the starting readings of the counters that are included in the program.

The fight for the boiler room

Having received power over the house, our HOA did not receive the main thing - the roof boiler room. Since the ownership of the boiler room was officially registered with a third-party company, we went to court with a claim to recognize the right of common share ownership of the disputed boiler room. Before that, we held a general meeting on the granting of the HOA the right to file a claim.

In the lawsuit, we referred to the fact that the roof boiler room is a common property that, according to the law, cannot belong to some third-party owner. We also wrote that any owner of the premises in the house, who should also own the share of the boiler room, can apply to the court to reclaim his property from illegal use.

Since the premises were owned by one organization, and the maintenance was carried out by another, all the expensive boilers were allegedly purchased by the second organization and were their property. Therefore, in the lawsuit, we asked to recognize the right of common shared ownership both to the premises and to all the equipment available in it. According to the law, these are two separate requirements, so we paid two state fees of 6,000 rubles each.

In the claim, we also asked to reimburse the costs of a lawyer in the amount of 30 thousand rubles.

This was not the defendant's first controversial roof boiler room, and the trial was not easy: the proceedings lasted 6 months. On September 20, 2017, we filed a lawsuit, there were five court sessions, five more times the consideration was postponed for one reason or another - the defendant's failure to appear, the lack of the requested documents, a motion to postpone. On March 26, 2018, we signed an amicable agreement: the boiler room became common property of the house, and the defendant had to leave all the equipment in it, which also became the property of the house. Under the amicable agreement, the defendant did not fully reimburse the costs of the lawyer - only 21 thousand rubles.

Struggle to cut payments

The HOA began work when the trial for the boiler room had not yet begun. Therefore, at first we had to conclude a contract for the supply of heat and hot water with the organization that previously served the boiler house, and we ourselves had to figure out how this boiler house works. The contract was frankly boorish: the heat supply organization had only rights, and the HOA had obligations, we pledged to pay for heat in the first place.

After a few months, residents were surprised to notice that the fees were gradually getting higher and higher. We did not understand what was happening: the temperature of the hot water felt the same, and we had to pay more and more per cube. In a neighboring house, which was supplied with heat from our boiler room, a cubic meter of hot water already cost 400 rubles instead of 250, as it was on average before.

Calculation of the cost of hot water. The payment document contains a table of calculation of charges, each line in it is separate service or a utility resource. The table has five main columns:

Name of service.
Individual consumption.
Consumption for the maintenance of common property.
The rate is per unit of volume.
The total amount for the service.

Most often, a two-component method is used to calculate hot water in modern houses: cold water and a heat carrier - hot water with dissolved reagents against pipe corrosion - are supplied to the house, and hot water is prepared with the help of a heat exchanger. That is, by opening a hot water tap, you do not get a coolant that came from somewhere through a pipe, but water heated to the required temperature already on the territory of your house. In this case, in the payment order, not one line "DHW" appears, but two: "DHW supply", that is, cold water that was heated to hot, and "Heat energy for DHW preparation".

This is how it works in our house: in the basement there is a heat exchanger that heats up hot water, and the coolant goes down to it from the roof boiler room. In the payment order, the amount was growing specifically for heat energy, which is needed to prepare hot water. Therefore, the first thing we did was start to deal with heat losses.

Width = "1350" height = "1612" class = "outline-bordered" style = "max-width: 1350px; height: auto" data-bordered = "true"> Example of a payment document with calculations for hot water and heat its preparation. In January 2018, 242 rubles per 1 m³ of hot water came out: (31.8 + 453.89) ÷ 2 = 242.49 R

Heat loss. If hot water flows from point A to point B along a long pipe, and the air temperature around this pipe is much lower than the temperature of the water, then at point B the water will be colder than at point A. This phenomenon is called heat loss.

In modern apartment buildings, as in ours, hot water is constantly circulating throughout all floors, so that when you turn on the hot water tap, you get it immediately hot. If there is no circulation, each time you have to drain all the water between your faucet and the heating device until it runs out hot. And while the water circulates throughout the house, it cools down. The more it cools down, the more heat energy needs to be spent in order to heat it up again.

We spent about 65 thousand rubles on the basement, 16 thousand rubles on the technical floor. In addition to pipes, we insulated the entrances to the basement, as well as the joints between the sections of the house on the technical floor, so that frosty air would enter the room only through the ventilation holes and the pipes would cool less.

So it was possible to achieve a decrease in the average temperature difference between supply and return by 5-7%. But it’s impossible to say that people noticed this from bills - the temperature drops from day to day were too great: the air temperature outside the window and the water temperature at the inlet changed.

Temperature analysis. Problems with the boiler house were growing: too often the hot water stopped being hot and it was not always clear whether the dispatcher of the service organization knew about it.

My main activity is web programming. Having mastered a little programming of microcontrollers, I made a device that allows in real time via the Internet to see the graph of changes in the temperatures of hot water and heat carrier from the boiler room. When temperatures drop, I immediately receive a notification in Telegram, and according to the schedule, you can understand whether there was an accident in the boiler room or a problem in something else.

The analysis of temperatures helped to find the main reason for the instability of the heat supply: the hot coolant was mixed with water, which passes through the open valves on the disconnected boilers, in the boiler room, and not on the way to the heat exchanger.

Boiler room service. In May 2018, we finally received the boiler room with all the equipment in the common property and stopped paying for hot water at the tariff. We found an organization that helped us accept the boiler room and draw up a defective statement so that we could apply for compensation for the cost of repairing all non-working equipment.

The same organization was supposed to service the boiler room for 55 thousand a month. The amount was divided among all owners of premises in two houses in proportion to the area, it turned out 2.91 R per square meter. We also decided to collect from each square meter 1.5 R each to the boiler house repair fund for the upcoming repairs. In total, the owners paid 4.41 R per square meter for boiler room maintenance.

A few months later, we began to notice that in apartments with a minimum consumption of hot water - pensioners, for example, try to save water - due to the payment for the maintenance and repair of the boiler house, the sum for the summer month has not changed at all. A cube of hot water cost 150 rubles instead of 250, but about 100 rubles were spent on maintaining the boiler room. Although no work was carried out on the boiler room. Therefore, we found another service organization for 35 thousand rubles a month. Now, taking into account the contribution for future repairs, the maintenance of the boiler room costs the owners 2.86 R per square meter.

As a result, the reason for frequent problems with hot water and large payments was not only the high tariff for water, but also improper maintenance of the boiler house: hot water cooled down due to the lack of thermal insulation and problems with the coolant, and the service organizations took money for repairs that they did not carry out. Only when our HOA sorted out all the problems and formalized the boiler room as a communal property so that tenants stopped paying the tariff, payments for water and heat decreased.

"Theft" in HOA and UK

When we learn about the work carried out by the management company, we are often surprised at the huge amounts. After three years of work in the HOA, I realized that this is not always a sign of theft or kickbacks. Difficulties in finding non-cash contractors lead to severe overpricing. Such contractors do not want to do small work, so the price is still increasing. A lot of energy is wasted in finding a reasonably priced offer with quality assurance. It turns out that seemingly rather simple work pours into a lump sum.

And there are also such works, the necessity of which none of the tenants even suspects: flushing the heat exchanger, prevention of the sewer system. These services are expensive and must be done regularly. A huge amount of equipment in the house requires repair and maintenance, and it seems to the tenants that they only pay for cleaning in the entrance and in the yard. The owners of non-residential premises, from which the same amount is collected for the maintenance of common property, are generally perplexed at what they pay money for, because they pay the janitor in front of the store and the cleaner separately.

Bottom line: how much we reduced the cost of heating and hot water

The heating season has finally arrived at what we have been going for two years: payments for heating and hot water have become noticeably lower. Now the payment for heating and hot water is a reason to brag to your friends. In January 2017, I paid 229 rubles for 1 cubic meter of hot water, and 2997 rubles for heating. In January 2019, I paid 88 rubles for 1 cubic meter of hot water, 1091 rubles for heating, and another 206 rubles for the maintenance of the boiler room. At the same time, the temperature of hot water is now on average 5 degrees higher than it was, so its monthly consumption should be lower.

88 R

i paid for a cube of hot water in january 2019. A year earlier, I paid 229 rubles

Knowing total area house premises and the total amount of hot water consumed during these months, you can compare the total amounts payable from the whole house.

Heating costs and hot water heating for our house

	January 2019	January 2018	January 2017
	R 241,775.48	R 360 522.53	551,032.21 R
	1297.77 R	1935.16 R	2957.76 RUR
	21.24 RUB	R 31.67	48.41 R
Heat and hot water supply for the whole house	289,889.00 RUB	528 537.04 R	676 594.92 R
DHW for the whole house	48 113.52 R	168,014.51 R	125 562.71 R
DHW for 1 m³	88.12 R	307.72 R	229.97 R
Savings for home	386,705.92 R	R 148,057.89	-