Article 143 of the Housing Code of the Russian Federation in the new edition.

Article 41. Urban planning documentation

1. Included in urban planning documentation rural settlement includes:

Documents on territorial planning;

Urban zoning documents;

Documentation on territory planning.

2. The territorial planning document for the settlement is the General Plan of the rural settlement.

3. The urban zoning document is the Rules for land use and development of a rural settlement, which includes:

The procedure for their application and amendments to the Rules;

Urban zoning map;

Town planning regulations.

4. Documentation for territory planning includes:

Territory planning projects;

Territory surveying projects;

Urban plans land plots.

Article 42. Master plan of a rural settlement

1. The territorial development of the settlement is carried out on the basis of the General Plan of the Rural Settlement (hereinafter also referred to as the General Plan of the Settlement, General Plan).

2. The general plan is the main urban planning document that determines the prospects for the development of a rural settlement. In accordance with its purpose, the General Plan determines the functional zoning of the territory, the main directions of its territorial development, the nature of the organization of engineering, transport and social infrastructure, urban planning requirements for the preservation of historical objects cultural heritage, ensuring environmental and sanitary well-being.

3. The decision to prepare a draft General Plan, as well as decisions to prepare proposals to amend the General Plan, are made by the Head of the rural settlement.

4. Before its approval, the draft General Plan is subject to consideration at public hearings, in the manner established by Article 4 of these Rules, as well as agreement with federal authorities executive power, executive authorities of the Smolensk region, local government bodies of the municipal district in the manner established by the Government Russian Federation.

5. Amendments to the General Plan that provide for changes in the boundaries of settlements for the purposes of housing construction or the definition of recreational zones are carried out without holding public hearings.

6. The General Plan is approved by a decision of the Council of Deputies of the Bulgakov Joint Venture.

Article 43. Implementation of the General Plan of a rural settlement

1. The implementation of the General Plan of a rural settlement is carried out on the basis of the implementation plan of the General Plan of the settlement, which is approved by the Head of the rural settlement within three months from the date of approval of the General Plan of the settlement

2. The implementation plan of the General Plan contains:

1) deadlines for preparing documentation on the planning of the territory for the placement of objects capital construction of local importance, on the basis of which the boundaries of land plots for the location of such objects are determined or clarified;

2) preparation time project documentation and timing of construction of capital construction projects of local importance;

3) financial and economic justification for the implementation of the General Plan of the settlement.

Article 44. General provisions about territory planning

2. Territory planning in terms of preparation and allocation of land plots is carried out through the development of territory planning documentation:

Planning projects as separate documents;

Planning projects with land surveying projects included in them;

Land surveying projects as independent documents (outside the planning projects) with the mandatory inclusion of urban planning plans for land plots in the survey projects;

Urban planning plans for land plots as independent documents (outside the scope of land surveying projects).

3. Decisions on the development of certain types of documentation on territory planning in relation to various cases are made by the Head of the rural settlement, taking into account the characteristics of the planned development of a specific territory, as well as the following features:

1) a territory planning project is developed in cases where it is necessary to determine and change using red lines:

Boundaries of planning elements of the territory (blocks, microdistricts);

Land boundaries common use and linear objects without defining the boundaries of other land plots;

The boundaries of the areas of public easements to ensure passages and passages through the relevant territory;

2) a territory planning project with land surveying projects within them is developed in cases where, in addition to the boundaries specified in subparagraph 1 of paragraph 3 of this article, it is necessary to determine and change:

Boundaries of land plots that are not public land plots;

Boundaries of public easement areas;

The boundaries of the zones of planned placement of capital construction projects for the implementation of state or municipal needs;

Prepare urban planning plans for newly formed and changed land plots;

3) territory surveying projects as independent documents (outside the territory planning project) with the mandatory inclusion of urban planning plans for land plots are developed within the red lines of the planning elements of the territory (previously established by planning projects), not divided into land plots, or the division of which into land plots are not completed, or previously established boundaries of land plots need to be changed;

4) urban planning plans for land plots as independent documents (outside the territory surveying projects) are prepared at the request of the right holders of previously formed land plots, who, planning to carry out the reconstruction of buildings, structures, structures located on such plots, must prepare project documentation in accordance with the urban planning documents provided to them land plans.

4. Through territory planning documentation, the following are determined:

1) characteristics and parameters of the planned development, construction development and reconstruction of territories, including characteristics and parameters of the development of social service systems, engineering equipment necessary to ensure development;

2) lines of urban planning regulation, including:

a) red lines delimiting public areas (including highways, roads, streets, passages, squares, embankments) from territories for other purposes and designating planning elements - blocks, microdistricts, other planning elements of the territory;

b) development control lines, if they are not defined by town planning regulations as part of these Rules;

c) the boundaries of land plots of linear objects - main pipelines, engineering and technical communications, as well as the boundaries of restricted areas along linear objects;

d) boundaries of restricted areas around protected objects, as well as around objects that are sources (potential sources) of environmental pollution;

e) the boundaries of land plots that are planned to be withdrawn, including by purchase, for state or municipal needs, or reserved with subsequent withdrawal, including by purchase, as well as the boundaries of land plots determined for state or municipal needs without reservation or withdrawal , including through redemption, located on lands owned by the state or municipally;

f) the boundaries of land plots that are planned to be provided to individuals or legal entities - when delineating areas free from development;

g) boundaries of land plots in existing development areas that are not divided into land plots;

h) the boundaries of land plots in the existing development, which are planned to be changed by merging land plots and establishing the boundaries of new land plots - in cases of reconstruction.

5. The composition, procedure for preparation, coordination, discussion and approval of territory planning documentation is determined by urban planning legislation in accordance with Chapter 5 of the Urban Planning Code of the Russian Federation.

Article 45. Territory planning project

1. Preparation of a territory planning project is carried out to highlight the elements of the planning structure, establish the parameters of the planned development of the elements of the planning structure. The territory planning project consists of the main part, which is subject to approval, and materials for its justification. Materials to justify the territory planning project include materials in graphic form and an explanatory note.

2. The planning structure includes the following elements:

1) populated area; territory settlement determined by the line (border) of a populated area;

2) planning block - includes territories limited by residential streets and other reasonable boundaries; planning quarter is the main modular element of planning zoning.

3) formed land plot.

3. The main part of the territory planning project includes:

1) drawing or drawings of the territory layout, which displays:

a) red lines;

b) lines indicating roads, streets, passages, communication lines, engineering and transport infrastructure facilities;

c) the boundaries of the zones of the planned placement of social, cultural and public utility facilities, and other capital construction projects;

2) provisions on the location of capital construction projects of federal, regional or local significance, as well as on the characteristics of the planned development of the territory, including the density and development parameters of the territory and the characteristics of the development of social, transport service and engineering support systems necessary for the development of the territory.

4. The territory planning project is the basis for the development of territory surveying projects.

Article 46. Projects for land surveying

1. Preparation of land surveying projects is carried out in relation to built-up and subject to development territories located within the boundaries of the elements of the planning structure established by the territory planning projects.

2. Preparation of territorial surveying projects is carried out as part of territorial planning projects or in the form of a separate document in order to establish the boundaries of developed land plots and the boundaries of undeveloped land plots.

3. The sizes of land plots within the boundaries of built-up territories are established taking into account the actual land use and urban planning standards and rules that were in force during the development of these territories. If, in the process of land surveying, land plots are identified whose dimensions exceed the maximum (minimum and (or) maximum) sizes of land plots established by the town planning regulations, then land plots formed on the basis of the identified land plots are provided for construction, provided that their sizes comply with the town planning regulations.

4. The territory surveying project includes drawings of the territory survey, which, in particular, display red lines, indentation lines from red lines, and the boundaries of various zones. As part of territory surveying projects, urban planning plans for land plots are prepared.

Article 47. Urban planning plan of a land plot

1. The preparation of urban planning plans for land plots is carried out in relation to land plots that are built up or intended for construction, reconstruction of capital construction projects.

Preparation urban plan land plot is carried out as part of a territory surveying project or in the form of a separate document.

The form of the urban development plan for the land plot was approved by the Decree of the Government of the Russian Federation dated December 29, 2005. No. 840.

2. Urban development plans for land plots are approved in the prescribed manner:

1) as part of land surveying projects - in cases where grounds are being prepared for the formation of land plots from state and municipal lands in order to provide individuals and legal entities for construction; as well as in cases of planning reconstruction within the boundaries of several land plots;

2) as an independent document - in cases of planning the reconstruction of buildings, structures, structures within the boundaries of previously formed land plots, for which there are no urban planning plans for land plots, or previously approved urban planning plans for land plots do not comply with these Rules. In these cases, urban planning plans for land plots are provided in the manner and within the time limits determined by urban planning legislation.

3. Urban development plans for land plots indicate:

Boundaries of land plots with the designation of coordinates of turning points;

The boundaries of the areas of public easements, the establishment of which is determined by the presence of engineering and technical communications, the need to ensure travel, passage, and the establishment of other restrictions on the use of real estate in favor of an unlimited number of persons;

Minimum setbacks from the boundaries of land plots, indicating places outside of which the construction of buildings, structures, and structures is prohibited;

Information about town planning regulations (if the land plot is subject to town planning regulations); at the same time, the urban planning plan of the land plot, with the exception of cases of provision of the land plot for state or municipal needs, must contain information about all types of permitted use of the land plot provided for by the urban planning regulations;

Information on the permitted use of the land plot, requirements for the purpose, parameters and placement of a capital construction project on the specified land plot (in cases where the land plot is not subject to the town planning regulations or town planning regulations are not established for the land plot);

Information about capital construction projects and cultural heritage sites located within the boundaries of the land plot;

Information about technical conditions connecting capital construction projects to engineering and technical support networks (hereinafter referred to as technical conditions);

Boundaries of the zone of planned placement of capital construction projects for state or municipal needs.

4. The urban development plan of a land plot may include information about the possibility or impossibility of dividing it into several land plots.

5. Urban planning plans for land plots are a mandatory basis for:

Removal of the boundaries of land plots into the area - in cases of urban planning preparation and formation of land plots from state and municipal lands;

Making decisions on granting individuals and legal entities rights to plots formed from state and municipal lands;

Making decisions on seizure, including through redemption, reservation of land plots for state and municipal needs;

Preparation of design documentation for construction and reconstruction;

Issuance of construction permits;

Issuance of permits to put objects into operation.

6. Urban development plans for land plots are prepared on the basis of applications from interested parties. The urban development plan is issued to the applicant within thirty days from the date of receipt of the specified application without charging a fee.

Article 48. Preparation and approval of territory planning documentation

1. Decisions on the preparation of documentation on territory planning are made by authorized federal executive authorities, executive authorities of the Smolensk region, local government bodies of a municipal district and rural settlement.

2. If a decision is made to prepare documentation for the planning of the territory authorized bodies within ten days from the date of adoption of such a decision, they send a notification of the decision to the Head of the settlement in relation to the territory of which such a decision was made.

3. It is not allowed to prepare documentation on territory planning in the absence of territorial planning documents, with the exception of cases of preparing land surveying projects for built-up areas and urban planning plans for land plots at the request of individuals or legal entities.

4. Preparation of documentation for territory planning is carried out in the manner established Town Planning Code of the Russian Federation, in accordance with the territorial planning schemes of the Russian Federation, territorial planning schemes of the Smolensk region, the General Plan of a rural settlement, these Rules, requirements technical regulations, taking into account the boundaries of the territories of cultural heritage sites (including newly identified ones), the boundaries of zones with special conditions use of territories.

5. Documentation on the planning of the territory, approved, respectively, by the Government of the Russian Federation, the Administration of the Smolensk Region, the Head of the Dukhovshchinsky District, is sent to the Head of the rural settlement, in relation to the territories for which such documentation was prepared, within seven days from the date of its approval.

6. The head of a rural settlement ensures the publication of the territory planning documentation specified in paragraph 5 of this article (territory planning projects and territory surveying projects) in the manner established for the official publication of regulatory legal acts of a rural settlement.

7. Features of the preparation of documentation on the planning of the territory, developed on the basis of the decision of the Head of the rural settlement.

7.1. The decision to prepare documentation for the planning of the territory is made by the Head of the rural settlement on his own initiative or on the basis of proposals from individuals or legal entities to prepare documentation for the planning of the territory.

7.2. The decision specified in paragraph 7.1 of this article is subject to publication in the manner established for the official publication of municipal legal acts of a rural settlement.

7.3. From the date of publication of the decision on the preparation of territory planning documentation, individuals or legal entities have the right to submit to the administration of a rural settlement their proposals on the procedure, timing of preparation and content of territory planning documentation.

7.4. Specialists of the Rural Settlement Administration check the territory planning documentation for compliance with the requirements established by the Town Planning Code of the Russian Federation. Based on the results of the inspection, the Head of the rural settlement may decide to reject such documentation and send it for revision.

7.5. Territory planning projects and territory surveying projects prepared as part of the territory planning documentation based on the decision of the Head of the rural settlement, before their approval, are subject to mandatory consideration at public hearings in the manner established by the relevant article of these Rules.

7.6. Public hearings on the territory planning project and the territory surveying project are held with the participation of citizens living in the territory in relation to which the preparation of its planning project and its land surveying project is being prepared, the legal holders of land plots and capital construction projects located on the specified territory, persons whose legal interests may be violated in connection with the implementation of such projects.

7.7. The conclusion on the results of public hearings on the territory planning project and the territory surveying project is subject to publication in the manner established for the official publication of municipal legal acts of a rural settlement.

7.8. The administration of the rural settlement sends to the Head of the rural settlement the prepared documentation on the planning of the territory, the protocol of public hearings on the draft planning of the territory and the project of land surveying and the conclusion on the results of the public hearings no later than fifteen days from the date of the public hearings.

7.9. The head of the rural settlement, taking into account the protocol of public hearings on the territory planning project and the territory surveying project and the conclusion on the results of the public hearings, makes a decision on approving the territory planning documentation or rejecting such documentation and returning for revision, taking into account the specified protocol and conclusion.

7.10. Approved documentation on territory planning (territory planning projects and territory surveying projects) is subject to publication in the manner established for the official publication of municipal legal acts of a rural settlement within seven days from the date of approval of the said documentation. Approved urban planning documentation is registered in information system ensuring urban planning activities of the Smolensk region and Dukhovshchinsky district.

7.11. Based on the documentation on the planning of the territory, approved by the Head of the rural settlement, the Council of Deputies of the settlement has the right to make changes to the Land Use and Development Rules in terms of clarifying the maximum parameters established by the town planning regulations for the permitted construction and reconstruction of capital construction projects.

7.12. If an individual or legal entity applies to the Administration of a rural settlement with an application for the issuance of an urban planning plan for a land plot, the procedures provided for in paragraphs 7.1 - 7.11 of this article are not required.

8. Organs state power of the Russian Federation, government bodies of the Smolensk region, local government bodies of a municipal district and rural settlement, individuals and legal entities have the right to challenge judicial procedure territory planning documentation.

Article 49. Urban planning preparation of land plots in order to provide interested parties for construction

1. Land plots provided to interested parties for construction must be formed as real estate, that is, their urban planning preparation has been carried out.

2. The formation of a land plot is carried out through:

Preparation of documentation for the planning of the relevant territory - an element of the planning structure within the boundaries of which the land plot is located (planning project, territory surveying project, urban planning plan of the land plot);

Preparation of land management documentation (cadastral plan (passport) of the land plot);

Bringing out the boundaries of the land plot in nature.

It is not allowed to provide land plots for construction without urban planning preparation.

3. The formation of a land plot is carried out at the expense of the Administration of the rural settlement or a person interested in providing the land plot.

If the interested person, at whose expense the urban planning preparation of the land plot was carried out, did not become a participant or winner of the auction for the sale of the land plot or the sale of the right to lease it for construction, this person is compensated for the costs of such preparation by the Administration of the rural settlement at the expense of the winner of the auction .

4. The acquisition of rights to land plots by interested parties is carried out in accordance with the following standards:

Civil legislation - in cases where these rights are acquired by one individual or legal entity from another individual or legal entity;

Land legislation - in cases where these rights are granted to interested parties from lands owned by state or municipal property.

The division, merger, redistribution of land plots or allocation from a land plot are carried out in accordance with urban planning and land legislation.

If, at the initiative of the right holders of land plots, a land plot is divided into several land plots (with the exception of the division of a land plot provided from state and municipal lands for its surveying, development and complex construction), the combination of land plots into one land plot, a change common border of land plots, preparation of documentation on territory planning is not required. In this case, land management documentation is prepared in the manner prescribed by land legislation, subject to the following requirements of urban planning legislation:

The size of the land plots being formed must not exceed the maximum (minimum or maximum) size of land plots provided for by the town planning regulations of the corresponding territorial zone;

A prerequisite for dividing a land plot into several land plots is the presence of entrances and approaches to each newly formed land plot;

The consolidation of land plots into one land plot is permitted only if the newly formed land plot is located within the boundaries of one territorial zone.

Applying to the court for an obligation to make changes to general plan settlements without observing the order established by the urban planning legislation of the Russian Federation are not allowed. For example, in the Determination of the Supreme Arbitration Court of the Russian Federation dated January 17, 2014 No. it was concluded that presenting demands to make changes to the master plan is not an appropriate measure to protect the violated right, because Local government bodies do not have the right to make the required changes by independent decision without taking into account the procedure established by the town planning legislation of the Russian Federation (GrK RF).

This is because spatial planning schemes municipal districts, master plans of settlements, master plans of urban districts, by virtue of the Civil Code of the Russian Federation, are documents of territorial planning of municipalities. In turn, on the basis of Article 24 of the Civil Code of the Russian Federation, amendments to the master plan are carried out in accordance with the specified article and articles and the Civil Code of the Russian Federation.

However, if changes are not made, the interested person can appeal the refusal in court, but the possibility of satisfying the requirements depends on many circumstances (see Resolution of the Federal Antimonopoly Service of the Russian Federation dated November 14, 2013 No., Resolution of the AS PO dated May 27, 2015 No.).

The rationale for this position is given below in the materials of the “Lawyer System”

1. Membership in a homeowners association arises from the owner of the premises in apartment building based on an application to join a homeowners association.

2. If a homeowners’ association has been created in an apartment building, persons purchasing premises in this building have the right to become members of the association after they acquire ownership of the premises.

3. Membership in a homeowners’ association is terminated from the moment of filing an application to leave the partnership or from the moment of termination of the ownership right of a member of the partnership to premises in an apartment building.

4. The register of members of a homeowners’ association must contain information allowing to identify members of the association and communicate with them, as well as information about the size of their shares in the right common property on common property in an apartment building.

(part 4 introduced Federal law dated 06/04/2011 N 123-FZ)

5. A member of a homeowners’ association is obliged to provide the board of the association with reliable information provided for in Part 4 of this article, and promptly inform the board of the association about their changes.

(Part 5 introduced by Federal Law dated June 4, 2011 N 123-FZ)

6. Membership in a homeowners association created by the owners of premises in two or more apartment buildings is terminated for all who were members of the association of premises owners in one of apartment buildings from the moment of filing an application for withdrawal from the membership of the partnership of the owner of premises in an apartment building, in the partnership of which, after termination of this membership, the members of the partnership who are the owners of premises in the same building will have less than fifty percent of the votes of the total number of votes of the owners of premises in this building. After termination of membership in the partnership, the owners of premises in a given building are required to choose and implement one of the methods of managing an apartment building specified in Article 161 of this Code.

(Part 6 introduced by Federal Law dated June 4, 2011 N 123-FZ)

Comments on the article

The rights of a member of a partnership are divided into two types: personal non-property rights and property rights. Not personal property rights include, in particular, the right to participate in general meetings of members of the partnership, the right to vote, and the right to receive information about the activities of the partnership. The property rights of a member of a partnership include, for example, the right to demand that funds received from the rental of common property in an apartment building be credited to his personal personal account.

2. In paragraph 1 comment. Art. the general basis for the emergence of membership in the partnership for the owner of the premises, which is located in an apartment building managed by this partnership, has been established. The legislator recognizes an application to join a partnership as such a basis. It is obvious, although the legislator does not directly say this, that the specified application must be, in the manner prescribed by the charter of the partnership, considered by the board of the partnership and approved by a decision of the general meeting of members of the partnership.

3. In paragraph 2 comment. Art. a special basis has been established for the emergence of membership in an already existing homeowners’ association for persons purchasing premises located in an apartment building managed by this association. On this basis, the legislator recognizes the fact that these persons have acquired ownership rights to the acquired premises. The ownership right to the acquired premises arises with the acquirer from the moment state registration transfer of ownership. This registration is carried out in accordance with the provisions of the Federal Law "On State Registration of Rights to real estate and transactions with him" (Law of the Russian Federation. 1997 N 30. Art. 3594; 2001. N 11. Art. 997; N 16. Art. 1533; 2002. N 15. Art. 1377; 2003. N 24. Art. 2244 ; 2004. N. 2711; N. 30. Art. 3081; N. 45. R.G. 2004. December 30).

4. In paragraph 3 comment. Art. general and special grounds termination of membership in the homeowners association.

The procedure for filing an application to leave the partnership, as well as the procedure for its consideration, must be determined in the charter of the partnership. The moment of filing the application must coincide with the date of consideration of the application by the board of the partnership or the general meeting of members of the partnership.

The ownership right of a member of the partnership to premises in an apartment building is terminated on the grounds established by Article 235 of the Civil Code of the Russian Federation.

5. Unlike membership in a housing or housing-construction cooperative, membership in a homeowners' association cannot be terminated by expelling a member of the association.

1. Membership in a homeowners’ association arises from the owner of a premises in an apartment building on the basis of an application to join the homeowners’ association.

2. If a homeowners’ association has been created in an apartment building, persons purchasing premises in this building have the right to become members of the association after they acquire ownership of the premises.

3. Membership in a homeowners’ association is terminated from the moment of filing an application to leave the partnership or from the moment of termination of the ownership right of a member of the partnership to premises in an apartment building.

4. The register of members of a homeowners’ association must contain information allowing identification of members of the association and communication with them, as well as information on the size of their shares in the right of common ownership of common property in an apartment building.

5. A member of a homeowners’ association is obliged to provide the board of the association with reliable information provided for in Part 4 of this article, and promptly inform the board of the association about their changes.

6. Membership in a homeowners’ association created by the owners of premises in two or more apartment buildings is terminated for all who were members of the association of premises owners in one of the apartment buildings from the moment of filing an application to withdraw from the membership of the association of the owner of the premises in the apartment building in which the partnership after upon termination of this membership, the members of the partnership who are the owners of premises in the same building will have less than fifty percent of the votes of the total number of votes of the owners of premises in this building. After termination of membership in the partnership, the owners of premises in a given building are required to choose and implement one of the methods specified in the methods of managing an apartment building.

Commentary to Art. 143 Housing Code of the Russian Federation

1. The creation of a homeowners’ association makes it possible to simplify the coordination of the procedure for the implementation by owners of residential premises of their rights to own, use and, within the limits established by law, dispose of common property in an apartment building, as well as the implementation of activities for the maintenance, preservation, increase of such property and the distribution of responsibilities among them for reimbursement of related expenses.

The choice by the owners of premises in an apartment building, on the basis of a free expression of will, of such a method of managing an apartment building as partnership management means the exercise of their right to create an association to achieve the above-mentioned goals. A mandatory feature of such an association is membership in it. Only members of this association have the right to participate in the work of its governing body, elect and be elected to its executive body, and also control the activities of both its executive body and the association as a whole.

The commented article regulates the relations that arise regarding the emergence and termination of membership in such an association - a homeowners' association.

2. According to Part 1 of the commented article, only the owners of premises in the apartment building in which this partnership was created (i.e. an individual or legal entity, the Russian Federation, a subject of the Federation or municipality who have residential or non-residential premises in such a house). At the same time, part 2 of the commented article emphasizes that persons purchasing premises in such a house have the right to become members of the partnership only after they have acquired ownership of these premises. At the same time, the commented article lays down the fundamental principles of membership in the partnership - individuality (personal initiative) and voluntariness. This assumes that membership in a homeowners' association arises only as a result of the free expression of the will of the owner of premises in an apartment building on the basis of his application and, accordingly, forced membership in homeowners' associations is not permitted by law under any circumstances.

This rule fully takes into account the Resolution of the Constitutional Court of the Russian Federation of April 3, 1998 N 10-P “In the case of verifying the constitutionality of paragraphs 1, 3 and 4 of Article 32 and paragraphs 2 and 3 of Article 49 of the Federal Law of June 15, 1996 “On homeowners' associations" in connection with the request of the Sovetsky District Court of the city of Omsk", which was found not to comply with Art. 30 of the Constitution of the Russian Federation certain provisions The now repealed Law on Homeowners' Associations, which provided for mandatory membership in the Homeowners' Association for owners of premises in an apartment building in which such a partnership was created.
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NW RF. 1998. N 15. Art. 1794.

3. The norm of part 1 of the commented article is imperative, since, in addition to the application for membership in the homeowners’ association, it does not provide for any additional conditions the emergence of membership in the partnership. This statement is the only condition for the establishment of membership in the homeowners’ association for the owner of the premises in the apartment building in which this partnership was created, and in connection with this, the establishment of any additional requirements in the charter of the partnership, for example, about the need to pay an introductory fee to acquire membership in the partnership contribution, consideration or approval of an application for membership in the partnership by the general meeting of members of the partnership or the board of the partnership is unacceptable. It should be taken into account that the right of the owner of premises in an apartment building to become a member of the partnership in an application form corresponds to the obligation of the board of the partnership, upon receiving an application from this owner to join the partnership, to ensure that information about him is included in the list of members of the partnership. Accordingly, the failure to include such an owner in the list of members of the partnership or the unjustified (in the absence of an application for withdrawal from membership of the partnership) exclusion of him from this list doesn't change it legal status as a member of the partnership, since the commented article does not associate any legal consequences with these facts.
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This type of contribution is mentioned in Art. 151 Housing Code of the Russian Federation.

In accordance with paragraph 7 of Art. 148 of the Housing Code of the Russian Federation, maintaining a list of members of the partnership is the responsibility of the board of the partnership.

4. The commented article does not determine in what form the application to become a member of the partnership should be expressed: written or oral. However, it seems that this application should be made in writing, since it is this form that makes it possible to unambiguously determine the will of a particular person to join the partnership and identify this person as the owner of the premises in an apartment building. This is also largely due to the need to document the activities of the partnership both for internal reporting and for reporting to tax and other regulatory authorities. It is the statements that serve as the main evidence of the existence of membership in the partnership for a certain number of owners of premises in an apartment building, and therefore the written form of such statements ensures the possibility of maintaining the provisions provided for in paragraph 7 of Art. 148 of the RF LC for a list of members of the partnership, identification of circumstances serving as the basis for the liquidation of the partnership (Part 2 of Article 141 of the LC), and financial obligations owners of premises in an apartment building in connection with their membership in the partnership, eliminates possible abuses, etc.

The need for a written application to become a member of a partnership is indirectly confirmed by the fact that an application to withdraw from a partnership can only be made in writing. In particular, part 3 of the commented article makes it possible to terminate membership in the partnership by filing an application to withdraw from the partnership, i.e. action related to the transfer of the said application. It's pretty obvious that this action can only be carried out if the said application is made in writing.

5. Applications on behalf of the owners of premises in an apartment building who are minors, or recognized by the court as incompetent, or limited by the court in legal capacity by citizens, submitted taking into account the provisions of Chapter. 3 Civil Code of the Russian Federation.

In particular, it should be borne in mind that in accordance with paragraph 1 of Art. 21 of the Civil Code of the Russian Federation, the ability of a citizen by his actions to acquire and implement civil rights, create civil responsibilities for oneself and fulfill them (civil capacity) arises in full with the onset of adulthood, i.e. upon reaching the age of 18. Accordingly, a person who has not reached the specified age is a minor and does not have full legal capacity. Their parents, adoptive parents, guardians or trustees have the right to submit applications on behalf of minors. At the same time, the Civil Code of the Russian Federation established two exceptions to general rule acquisition of legal capacity: marriage of a minor and emancipation.

In addition, the owner of premises in an apartment building, who, due to a mental disorder, cannot understand the meaning of his actions or manage them due to the abuse of alcoholic beverages or drugs, puts his family in a difficult financial situation, may be declared incompetent by the court or limited by the court in legal capacity (p 1 article 29 and paragraph 1 article 30 of the Civil Code). In these cases, guardianship or trusteeship is established over such citizens and, on their behalf, guardians and trustees, respectively, can submit applications to join the homeowners’ association (see commentary to Article 48 of the Housing Code).

6. Part 3 of the commented article identifies two main grounds for termination of membership in a homeowners’ association: the application of a member of the association to leave the partnership and the termination of a member of the association’s right of ownership of premises in an apartment building.

The first reason is associated with one of fundamental principles membership in a homeowners association is voluntary. In particular, since membership in a homeowners’ association arises only as a result of the free expression of the will of the owner of premises in an apartment building on the basis of his application, this owner has the right to freely, at his own discretion, submit an application to withdraw from the partnership and thereby terminate his membership in the partnership. In this case, it should be borne in mind that the owners of premises in an apartment building in which a homeowners’ partnership has been created, who have filed applications to leave the partnership, are in any case obliged to continue to participate in the maintenance of the common property in such a building in proportion to their share in the ownership of this property.

According to non-members of the homeowners' association, owners of premises in an apartment building in which the homeowners' association is created pay a fee for public utilities, services and work related to the management of such a house, maintenance, current and major renovation common property in such a house in accordance with agreements concluded with the partnership. At the same time, as the Constitutional Court of the Russian Federation indicated in its Resolution “In the case of verifying the constitutionality of paragraphs 1, 3 and 4 of Article 32 and paragraphs 2 and 3 of Article 49 of the Federal Law of June 15, 1996 “On Homeowners' Associations” in connection with the request Sovetsky District Court of the city of Omsk", a homeowners association does not have the right to violate the rights of those who have refused membership in the partnership of premises owners in the apartment building in which this partnership was created, by establishing advantages and benefits for the ownership and use of common property in this building only for members of the partnership or by imposing the owners of premises in this building who are not members of the partnership are subject to additional responsibilities that go beyond the scope of compensation necessary costs for the management and operation of this house.

The second basis is directly related to the list of entities established by the commented article who have the right to be members of the partnership. As stated earlier, this list is limited to the owners of premises in an apartment building. Therefore, with the termination of ownership of the premises in the apartment building in which the partnership was created, the membership in this partnership of the person who owned the specified premises is also terminated. However, there is one exception to this rule, when a member of the partnership owns not one, but several premises in an apartment building and his ownership of one of these premises is terminated. In this case, taking into account the fact that a member of the partnership continues to be the owner of the premises in an apartment building, his membership in the partnership does not terminate, but his share in the ownership of the common property in this building changes. The legislator, without mentioning this exception in the commented article, apparently proceeded from its obviousness and the sufficiency of the list of subjects entitled to be members of the partnership contained in Part 1 of this article.

7. The commented article does not mention another basis for termination of membership in a homeowners’ association, related to the common for all civil legal relations grounds for termination of legal capacity. In particular, it should be taken into account that the legal capacity of a citizen ends with his death (clause 2 of Article 17 of the Civil Code), and of a legal entity - at the time of making an entry about his exclusion from the Unified State Register of Legal Entities (clause 3 of Article 49 of the Civil Code). Therefore, a citizen’s membership in a partnership is terminated due to his death, and a legal entity’s membership is terminated due to exclusion from the Unified State Register of Legal Entities.

Termination of membership in the partnership for any of the above reasons entails exclusion former member partnership from the lists of members of the partnership and termination of his powers as a member of the board of the partnership or chairman of the board of the partnership (if he exercised such powers at the time of termination of membership).

8. According to Art. 138 of the Housing Code of the Russian Federation, a homeowners’ association is required to maintain a register of members of the association and annually during the first quarter current year send a copy of this register to the executive authorities of the constituent entities of the Federation (state housing supervision authorities).

Part 4 of the commented article establishes imperative requirements for the content of this register. At the same time, taking into account part 5 of the same article, providing the board of directors with reliable information about oneself by a member of the partnership and timely informing about changes in such information are the responsibility of each member of the partnership.

The register must reflect information about each member of the partnership in three areas. Firstly, identification information about the member of the partnership, secondly, Contact Information member of the partnership, thirdly, information on the size of the share of the partnership member in the right of common ownership of common property in an apartment building.

Identification information about a member of the partnership must be provided by the following information:

1) o individual- last name, first name, patronymic, details of the identity document;

2) about a legal entity - the name of the legal entity indicating the organizational and legal form, the location of the legal entity (place of its state registration), as well as information about the person who, by force of law or constituent documents a legal entity acts on its behalf, or information about an authorized representative of a legal entity whose powers are based on a power of attorney.

Contact information is information that allows you to maintain contact with members of the partnership (this may be a telephone number, address Email, postal address, etc.).

Information on the size of the partnership member’s share in the right of common ownership of common property in an apartment building must be presented with a specific numerical indicator. Taking into account Part 1 of Art. 37 of the Housing Code of the Russian Federation, the share in the right of common ownership of common property in an apartment building of the owner of the premises is determined in proportion to the size total area the specified premises (on determining the share in the right of common ownership of common property in an apartment building, see the commentary to the said article).

It is necessary to take into account that maintaining the register of members of the partnership is associated with the processing of personal data, which must be carried out taking into account the requirements of Federal Law of July 27, 2006 N 152-FZ “On Personal Data” (hereinafter referred to as the Law on Personal Data).
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NW RF. 2006. N 31 (part 1). Art. 3451.

9. Part 6 of the commented article provides for a special case of “automatic” termination of membership in a homeowners’ association created by the owners of premises in two or more apartment buildings (hereinafter referred to as “multi-house” HOAs). This rule must be considered in conjunction with the amended criteria for the creation of “multi-house” HOAs and the simplified procedure for the reorganization of such partnerships (see Part 2 of Article 136; Parts 3 and 4 of Article 140 of the Housing Code). According to the rule of the commented article, membership in the partnership is terminated by force of law if, in connection with filing an application to leave the partnership in one of the apartment buildings in which the owner of the premises is this person, remaining HOA members will have less than 50% of the votes of the total number of votes of the owners of premises in this building. In fact, this entails the need to maintain a register of its members in “multi-house” HOAs, reflecting separate registration of members of the partnership for each apartment building. In connection with the termination of membership on the prescribed grounds, the owners of premises in such an apartment building must choose one of the named Art. 161 of the Housing Code of the Russian Federation on ways to manage a house (see commentary to this article).
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Federal Law of June 4, 2011 N 123-FZ “On Amendments to Housing Code Russian Federation and individual legislative acts Russian Federation" simplified the procedure for reorganizing a homeowners' association created in two or more apartment buildings through separation and division. The condition for division is the consent of the general meeting of owners of premises in each apartment building, the decision to create a partnership of homeowners in which is made by a majority vote of the total number of votes of owners of premises in this building within two years from the date of the general meeting. And the decision to allocate can be made at general meeting owners of premises in an apartment building in which a homeowners' association will be created, by a majority vote of the total number of votes of owners of premises in this building.