How to open an apartment building in an apartment building. First steps after registering a tsn

The owners of the premises of one or more residential buildings can create an HOA - a partnership to organize the provision of utilities and their payment, as well as for the organized management of common property.

The creation of an HOA includes two main stages:

At the preparatory stage, it is necessary to form an initiative group, whose members will explain to the tenants the need to create a partnership and organize a meeting of owners of residential premises.

At the meeting, residents must decide on the formation of a homeowners association, approve the charter and governing bodies of the created partnership. Then the elected management needs to prepare a package of documents for registering an HOA as legal entity.

An owner partnership can be created by residents of one or more houses, adjoining territories which have adjacent borders, in accordance with paragraph 2 of Art. 136 LCD RF. The boundaries of such territories can be seen on the land-surveying project in the town-planning committee of the local administration.

At the registration stage, the board of the partnership fills out an application to the tax service for registration of the partnership and submits the charter and minutes of the meeting of residents, signed by a notary, at which a decision was made to establish an HOA.

Creation of an initiative group

A group of initiative owners is created in the amount of five people for the following purposes:

• property appraisal apartment buildings;
• explanatory work;
• notification of the meeting to comply with the procedure for registration of the HOA.

Information about the property, which is in the collective ownership of apartment owners, the initiators can find out in the BTI.

After that, it is necessary to make a tour of the apartments in order to find out the opinion of residents about the work of the current management company and proposals to form a partnership to improve the management of the property of the house and reduce payments on receipts, since the HOA does not profit from its activities, which distinguishes the HOA from private management companies.

Notifying owners of a meeting of an apartment building

After carrying out the explanatory work, the initiators of the formation of the HOA appoint the date of the meeting of the owners and notify them about it 10 days before the meeting.

To attend the meeting of the required quorum (owners of more than half of the total floor space in buildings), it is important to convey information to each tenant. It is advisable to use individual written notices in which residents will sign their information.

If a large group of tenants is subsequently discovered who have not been notified of the general meeting, this may become the reason for the meeting to be declared invalid and the HOA dissolution, therefore, it is imperative to collect signatures of at least half of all residents of the territory of the future partnership before opening the HOA ..

The notification should indicate the date of the meeting, its purpose, as well as the phones of the members of the initiative group in case of any questions.

Conducting a meeting

The owners of residential premises need to come to the meeting with a passport and a legal document for housing. First of all, there is a choice of the person presiding over the meeting, as well as the secretary keeping the minutes of the meeting. Usually these are members of the initiative group, which we mentioned in the first paragraphs of the instructions on how to register an HOA.

• partnership formation;
• selection of governing bodies;
• selection of control bodies before becoming a HOA;
• adoption of the charter.

The decision to form a homeowners association is made by a simple majority of votes of those present (50% + one vote), in accordance with paragraph 1 of Art. 136 LCD RF.

Choosing a chairperson in an apartment building is easy

The chairman of the partnership has the authority to act.

The responsibilities of registering the created organization with the tax service are also within the competence of the chairman.

On behalf of the organization and in its interests without a power of attorney, in accordance with paragraph 2 of Art. 149 LCD RF.

Article 149. Housing Code of the Russian Federation. Chairman of the Board of the Home Owners Association

1. The chairman of the board of a homeowners' partnership is elected for a term established by the partnership's charter. The chairman of the board of the partnership ensures the implementation of the decisions of the board, has the right to give instructions and orders to all officials of the partnership, the execution of which is mandatory for these persons.
2. The chairman of the board of a homeowners' partnership acts without a power of attorney on behalf of the partnership, signs payment documents and concludes transactions that, in accordance with the legislation, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of the members of the partnership.

   Develops and submits for approval by the general meeting of the members of the partnership the rules of the internal order of the partnership in relation to employees whose duties include maintenance and repair common property v apartment building, regulations on their remuneration.

   Approval of other internal documents of the partnership provided for by this Code, the charter of the partnership and decisions of the general meeting of the members of the partnership.
   (as amended by Federal Law of 04.06.2011 N 123-FZ)
   (see text in previous edition)

The chairman can be elected in two ways:

1. general meeting of tenants;
2. meeting of board members.

In the second case, the tenants elect the persons who are on the board of the HOA (from 3 to 5 people) at the general meeting. The board members subsequently elect a chairman.

At a large number homeowners may vote in absentia for board members. In absentee voting, the members of the board are elected by the list when the initiative group walks around the apartments, and the signature of the voter must be put on the ballots, and his passport data are indicated.

The term for which the chairman is elected should be specified in the organization's charter. For the election of the chairman, the votes of the owners of more than half of all square meters of housing belonging to the created partnership are required.

In addition to the chairman, at the constituent assembly it is necessary to elect members of the control and audit commission, the main task of which is to control financial activities members of the board. The Control and Auditing Commission is elected for a period not exceeding two years.

Development and adoption of the charter

The charter of the created organization must be developed by the initiators of the creation of the partnership before the general meeting.

• meeting minutes;
• adopted charter;
• data on the persons who voted;
• data on square meters belonging to the persons who voted;
• a receipt for payment of the state duty (4000 rubles).

The minutes of the meeting and the charter must be certified by a notary office and have copies.

Selection of OKVED

Before submitting papers to the tax service, the chairman of the HOA must decide on the classification of the created partnership according to OKVED. The OKVED code is determined depending on the statutory goals of the organization.

For most HOAs, the following codes are suitable:

• code 70.32 - real estate management;
• code 70.32.1 - housing maintenance management.

If in doubt, you can send an official letter to the tax office asking which code is suitable for a particular organization.

Filling out an application for registration

To register an HOA, the chairman submits the prepared documents to the tax authority and fills out an application in the form of R11001, which must contain the following information:

1. name of company;
2. organization address;
3. data on the owners who created the organization;
4. information about the founders;
5. OKVED code.

Information about each founder (board member) should be provided on a separate sheet. Each sheet of the application is signed by the chairman.

The name of the organization indicated when registering with the tax authority must necessarily contain the words "homeowners' association", in accordance with Art. 135 LCD RF.

It is allowed to submit an application by mail, but in this case, each sheet of the application must be certified by the signature of a notary. Certification of the application is not required only when the chairman personally applies with a passport to the registration authority.

After submitting an application with documents, tax officials must register the partnership as a legal entity within three days.

Reasons for refusal

After checking the provided data and documents, the tax authority may refuse to register a legal entity in the following cases:

• indication of false information in the application;
• use of forged documents;
• provision of an incomplete package of documents;
• provision of an extract from it instead of the minutes of the meeting;
• signing of application sheets by an unauthorized person.

The reason for the refusal must be provided by the tax officials in writing. After eliminating the cause, you can re-apply for registration.

IMPORTANT! Tax office not authorized to verify compliance with the order homeowners association defined by the Housing Code of the Russian Federation and others regulations legislation of the Russian Federation.

So, the knowledge of how to organize a homeowners association can be a good alternative to management companies if responsible homeowners who are versed in housing legislation and have experience of leaders are elected to the board. When creating a partnership, it is important to inform as many residents as possible and to comply with all the necessary formalities in order to prevent the dissolution of the organization due to violations of the rules for its creation.

The creation of a homeowners' association is not an easy task, it is especially difficult for densely populated houses and old houses, since it is more difficult to rally people to form a homeowners association in them.

Homeowners' association creation program

1. Rallying the initiators of the homeowners association

It is necessary to form an initiative group of citizens who will first perform only organizational, and then also managerial and control and audit functions in the future HOA.

How many people do you need?

To simply create an HOA, without thinking about how it will actually operate, four people are enough:

• Homeowners' association board - 3 people (one of them will take the position of chairman
• Auditor - 1 person

2. Obtaining data on the owners of premises

When creating a HOA, many documents will need to indicate the personal data of the owners of the premises in an apartment building, as well as the area of ​​the premises they own. This can be done in the following ways:

• request from the owners themselves (bypass all apartments and non-residential premises)
• request in Rosreestr
• request using online services (for example, https://dom.burmistr.ru/)

3. Obtaining approval from the majority of owners

The next task for the initiative group is to obtain preliminary approval for the creation of a homeowners association from residents apartment building owning more than half of all residential and non-residential premises... The more such owners there are, the better. After the general meeting, at which a decision will be made on the creation of the HOA and the approval of its charter, all of them will become members of the HOA.

4. Preparation for the general meeting

At this stage it is necessary:

• form the agenda of the general meeting of owners
• determine where and when the general meeting will be held
• prepare draft documents for the creation of a homeowners association: the register of owners; announcement of the general meeting; register of delivery of messages to owners; ; the register of persons who took part in the voting;
• not later than 10 days before the general meeting, hand over personally against signature to each owner or send by registered mail messages about the holding of the general meeting

5. Conducting a general meeting on the creation of a homeowners association

The general meeting must be held on the date, time and place specified in the notice of the meeting. The agenda should also correspond to the one defined in the message.

After the meeting, it is imperative to collect the signatures of those owners who voted for the creation of an association of homeowners and for the approval of the charter of the HOA.

After the end of the meeting, the chairman and secretary of the meeting ensure the proper execution of the minutes of the general meeting with all annexes, as well as the charter of the HOA. The protocol and the charter are drawn up in at least two copies - one for storage in the HOA, the other for submission to the registering authority (tax office).

6. Execution and submission for registration of all necessary documents

To register an HOA, the following documents are required:

• an application in form R11001 for state registration of a legal entity in 1 copy (the application can be signed directly at the tax office without first visiting a notary)
• in 1 copy
• in 2 copies
• passport of the applicant (chairman of the board)
• Receipt of payment state duty(4,000 rubles.)
• notification of the transition to a simplified taxation system (if a simplified system is chosen)

7. Obtaining documents after registration.

After registering the HOA, the tax office will issue the following documents:

• a record sheet of the Unified State Register of Legal Entities, which will indicate the main registration data of the HOA (OGRN, date of creation, legal address, chairman of the board, types of activities, etc.)
• tax registration certificate
• one copy of the charter with registration mark

8. Making a seal and opening a current account

To start financial and economic activities, it is necessary to make a round seal of the HOA and open a current account for the HOA.

9. Transfer of a copy of the minutes of the general meeting to the supervisory authority

A copy of the minutes of the general meeting of owners of premises in an apartment building within five days is subject to mandatory submission by the partnership of homeowners to the state housing supervision body for storage for three years.

Increasingly, managing organizations seek to conclude with By the Real Estate Owners Association a work contract so as not to bear licensing risks. Perhaps this way of working will be useful to you. Therefore, we recommend reading today's article. In it we will tell you how to create a TSN.

Homeowners' association and TSN: what's the difference

In accordance with Art. 123.12 of the Civil Code of the Russian Federation, a voluntary association of owners is recognized as a partnership of real estate owners real estate... These can be the owners of premises in a building, including in an apartment building, or in several buildings, residential buildings, country houses, gardening, vegetable gardening or summer cottages. land plots etc. TSN is created for joint ownership, use and disposal in established by law within the property (things), which by virtue of the law is in their common property or in common use, as well as to achieve other goals stipulated by laws.

The definition of HOA is given in Art. 135 of the Housing Code. Homeowners' Association the type of real estate partnerships is recognized. This is an association of owners of premises in an apartment building for joint management of:

• common property in MKD
• or the property of the owners of premises in several apartment blocks,
• or the property of the owners of several residential buildings.

And also to ensure the possession, use and disposal of this property within the limits established by law. TSN is engaged in:

• creation, maintenance, preservation and augmentation of property,
• provision of utilities to users of premises in MKD or residential buildings,
• other activities aimed at achieving goals apartment building management or for the sharing of property.

TSN Charter and Obligations

The articles of association of the real estate owners' association are adopted at the general meeting. Such a meeting is held in the manner prescribed by Art. 45-48 of the Housing Code, by a majority of votes of the total number of votes of owners of premises in an apartment building.

The number of TSN members who have created a partnership must exceed 50% of the total number of votes of owners of premises in an apartment building.

The partnership of owners of real estate is created without limiting the period of activity, unless otherwise provided by the charter of the partnership.

TSN is responsible for its obligations with all property belonging to it. But he is not responsible for the obligations of the members of the partnership. Members are not liable for the obligations of the partnership.

Conditions for creating TSN

According to Art. 136 of the Housing Code of the Russian Federation, owners of premises in one apartment building can create only one partnership of homeowners.

A homeowners' partnership can be created:

• owners of premises in several apartment buildings, if the houses are located on land plots that have a common border and engineering support networks, other infrastructure elements intended for joint use by the owners of the premises. Documents confirming the common border are contained in the Unified State Register of Real Estate.
• owners of several nearby residential buildings, country houses with household plots or without them, garages and other facilities, if houses are located on land plots with a common border and engineering networks, other infrastructure elements that are intended to serve more than one residential building.

The homeowners' association is a legal entity from the moment of its state registration. State registration real estate associations carried out in accordance with the legislation on state registration of legal entities.

We have developed step by step instructions how to create a real estate partnership. It is included in the handouts for this article. To download them, click "Get everything for 190 rubles."

Homeowners' association is an excellent alternative to a management company. The owners of the committee decide to improve the quality of the provided utilities, the need to improve the house.

Dear Readers! The article talks about typical solutions legal issues but each case is different. If you want to know how solve your problem- contact a consultant:

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The HOA acts in the interests of the tenants and takes into account their opinions and wishes.

What it is

The HOA or Homeowners Association is a non-profit organization whose purpose is to act as a management company.

It is drawn up as a legal entity and in the future bears responsibility to the tenants.

In one apartment building, only one HOA can be created, consisting of apartment owners. Everyone has the right to create a partnership (in its absence), but not to join it.

The decision on the need to create a homeowners association is made at a general meeting. To start the process of registering a legal entity, the consent of at least 50% of the owners is required, which is documented.

Where to begin

In order for the residents of the house to make a decision in favor of creating an HOA, it is required to convince them that the partnership is more effective in resolving issues and problems than other types of management companies.

To create an HOA, you first need to get information about the house, whether it is managed by another partnership. You can request information at the territorial office of the BTI.

The partnership has several positions in its composition, for which the owners of the house are elected by voting or by the head of the HOA:

• chairman;
• audit department;
• other specialists.

If you wish, you can distribute responsibility for the property of the house and the surrounding area to several people.

Video: how to leave the management company and create an HOA

For example, one owner will be responsible for the playground, the other for the parking lot, etc. The more people are involved in management, the better the result of the work will be.

Main conditions and requirements

When creating an HOA, several important conditions must be met:

When organizing a HOA is created, containing the following information:

Basic goals

The creation of an HOA is necessary to achieve the following goals:

The main task of the partnership is to conclude contracts for the supply of utilities and control over their provision.

Questions regarding the lack of services or their receipt in poor quality are resolved by the HOA.

Step-by-step instructions for creating an HOA in 2020

When planning to create an HOA, you need to be confident that there will be enough time and effort to fulfill the main goals of the partnership.

This is relevant provided that the management company does not cope with its task and the apartment owners are dissatisfied with the quality of the services provided.

The initiative group should include as many owners as possible who are interested in effective home management.

Often, after the creation of a partnership, problems arise related to improperly organized work or too little goal set at the very beginning.

As a result, it turns out that the created Homeowners' associations to owners unnecessary or ill-prepared for basic tasks. And the main problem is the lack of association of home owners.

Before creating a HOA, it is important for owners to understand why they need a partnership, what results they want to see from its work.

The main task is to unite the owners to improve the quality of property ownership, to provide all apartments with utilities.

At the same time, the wishes of the owners are taken into account, their questions and requirements are considered.

In an apartment building

To organize a HOA in an apartment building, you will need to obtain written and oral consent from more than 50% of the owners.

Residents should not be opposed to the creation of a partnership and the transition to a new type of management. Moreover, the larger the size of the property, the more significant the vote.

For example, the owner's opinion three-room apartment prevails over the opinion of the owner of a one-room apartment.

The main task in organizing a HOA is to find the required number of tenants who agree with the changes. Then you can proceed to the preparatory stage.

It consists of several important steps:

The following issues are preliminarily resolved:

1. The size of the HOA budget, membership fees.
2. Where the office space will be located.
3. Compilation with staff.

If the meeting has a positive outcome, then with the prepared documents you need to contact territorial body tax office.

Organization of an initiative group

The organizational group consists of 5-7 people and is recruited from the owners of the house. Members of the initiative group can later join the partnership.

It is advisable to choose people who have experience in accounting, knowledge of public utilities, as well as who have organizational skills and are trusted by other residents.

The residents of the initiative group take on the responsibility of sending notifications of the meeting date to the residents and disseminating information at the stands.

They can also promote the partnership, talk about the need to organize an HOA and why it is better than a management company.

Conducting a meeting

The HOA's activities are related to providing conditions for a comfortable residence of the owners.

And a partnership is created in the interests of the tenants. Therefore, holding a meeting is the most crucial step.

At the meeting, the owners will need to convey information about the need to create a homeowners association, about the upcoming changes.

It should be borne in mind that the Russian people trust more government services than non-profit organizations who promise to collect money and direct it to the needs of the home.

Therefore, it will be problematic to convince them, especially representatives of the generation of the old school, who have gone through the devastation in the Soviet Union.

The emphasis should be placed on the coming changes for the better, on the fact that the funds contributed for repairs will be directed to the needs of the house, and not to the pockets of officials.

You need to prepare for the meeting in advance, having thought through the questions that the tenants have.

The meeting is held in several stages:

Registration of a legal entity

The HOA is registered as a legal entity. This requires:

• hold a meeting of owners;
• draw up the minutes of the meeting;
• submit an application in the established form.

The chairman of the HOA applies to the tax authorities with a package of required documents. Registration is paid, the size of the state fee is 4000 rubles excluding the fee for notary services.

After the transfer of documents, the registration authority:

1. Checks documents, establishes their authenticity and compliance with the stated requirements.
2. Issues a receipt on receipt of documents.
3. Indicate the date when the result is to be obtained.

Collecting a package of documents

The following documents are submitted for consideration to the tax office:

All documents are provided in the original, if necessary, you will need to make copies.

The list of documents must be clarified before applying in order to immediately make copies and certify them with a notary.

It takes about 7 days to review the documents. During this time, the tax office makes a decision on the advisability of registering a legal entity.

The procedure for creating a homeowners association includes drawing up an acceptance and transfer at home. To draw up the document, a commission from the housing inspection bodies is called.

It should also include members management of HOA... Based on the results of the check carried out, technical documentation complying with applicable laws and regulations.

The transition to another form of management does not entail a change in the tenants' ownership rights. Their documentation is not subject to correction.

After the formation of the HOA, notifications are created and sent to the authorities for the management of the economic part of the city and the committee on property management.

A legal entity opens a bank account. It is necessary to transfer funds to pay utility bills and other material resources.

After the completion of the work on the creation of the HOA, the former balance holder of the house is notified of the changes made with the provision of the necessary documentation.

Start of operation

The HOA has the right to start its activities after the registration of a legal entity. Having in hand the documents on the creation of a partnership, it is necessary to notify the tenants of new system management.

Initially, you will need to find personnel who will be responsible for cleaning the house, territory, will be listed as an electrician, locksmith, etc.

The question of the expediency of hiring personnel is best dealt with with the tenants. If the house is small, then in order to avoid unnecessary costs, you can clean the territory on your own, arranging subbotniks.

Emerging powers

The biggest mistake of the board members of the HOA is to immediately declare their powers, to put themselves above other tenants.

We need to act differently, rallying the apartment owners into one team. And then the question of the need to replace windows will be resolved faster, money will begin to come more willingly.

The partnership has the right:

Most of the actions can be performed only with the consent of the owners. But, in order not to distract tenants on trifles, you can indicate in the charter of the HOA's right to carry out minor work on personal initiative.

Homeowners' association participants are prohibited from maintaining entrepreneurial activity on behalf of the partnership, impose additional services on residents, charge fees for non-existent services.

In its the work of the HOA guided by the charter and. If violations are identified, residents can go to court to dissolve the partnership and transfer to the old management system.

What responsibilities

The organization of the HOA implies the emergence of responsibility to the tenants. The chairman and board members must fulfill the goals set and take into account the wishes of the residents. Global changes are possible only with the consent of the owners.

The main responsibilities of the HOA include:

• careful management of common house property;
• ensuring high-quality and uninterrupted supply of utilities, timely payment;
• budgeting for running costs;
• resolving issues about overhaul buildings, etc.

Since its inception, the HOA is fully responsible to residents and government services.

Main pros and cons

The main advantages of the HOA must be conveyed to the tenants:

The main advantage of the HOA over management company action is in the interests of the residents.

The chairman and board members are owners, so it is important for them to focus their activities on improvement. housing conditions.

The management company acts only in the interests of the state and rarely takes into account the opinion of the owners.

Activities, including financial, HOA are transparent, every tenant of the house can get acquainted with accounting reports, see where the collected money goes. Information from tenants is not hidden, but is freely available.

Payment for utilities is made directly from the HOA account. This reduces the likelihood of debt, unlike a management company.

Of course, the responsibility for non-payment also falls on the HOA, but with properly organized work, there is no debt.

And now about the disadvantages:

Partnership is not just a way of management, it is a great responsibility towards the residents of the house and government agencies.