How to create a homeowners association step by step instructions. The procedure for creating and registering an HOA in an apartment building: how to do everything right? The meeting is held in several stages
- The application must be submitted and addressed to tax office at the location of TSN. If the application and the package of documents to it are submitted not according to their affiliation, not in the same tax authority, then a decision will be made on them to refuse state registration, while the documents and the receipt of payment of the fee are not returned. And for subsequent registration, all documents must be prepared again and re-pay the state fee in the amount of 4,000 rubles, as well as notary services;
- If the applicant's signature is not certified by a notary on the third sheet of the application, then a decision is also made on the basis of such an application to refuse registration of the TSN. For registration, the presence of all the above documents is required. The absence of any of them entitles the tax authority to make a decision to refuse state registration;
- All information in each document must be true. Both the name and address of the TSN specified in the application for registration, in the Charter and in the protocol must be the same. The content of the Charter should not contradict the law. All decisions of the meeting must be made and executed in accordance with the requirements of the Housing Code of the Russian Federation;
- If the state duty is paid to the wrong details, or a copy of the receipt is attached, and not the original, then National tax is considered not paid, and according to the package of documents, the registrar makes a decision to refuse state registration;
- It is very important to draw up documents correctly: each document consisting of more than one sheet must be stitched, numbered. The number of sheets in the document is confirmed by the signature of the applicant or a notary on the back of the last sheet of the document at the place of its firmware. Corrections in the text of the submitted documents are not allowed, dashes are put in the blank columns, blank sheets of the P11001 form are not attached.
In order to effectively manage one or more houses, an association of homeowners is organized. In addition to the desire of homeowners, to create it, you must perform a number of actions, after which you must register as a legal entity. We will analyze in stages why it is organized, features, we will consider in detail the stages of how to create an HOA.
Features and Purposes
HOA 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 public utilities, and 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;
- too high cost of utility bills;
- despite the funds regularly handed over by residents, repair work and cleaning are not carried out on the territory and in the house itself;
- lack of feedback from the management company, ignoring the complaints and demands of residents.
In order for a desire to create an HOA, one of the points is enough. But if most of the tenants have no claims, then it will be difficult to obtain consent to his education. After all, more than half of the tenants should be positive about changing the current management company.
The creation of an HOA has a number of features and advantages over other forms of management, namely:
- the solution of the tasks set can be carried out both on their 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 hired contractors must perform services at a level that will comply with legally established standards. But when organizing an HOA, it is necessary 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 intricacies of using 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 an HOA
Let us consider in detail how to start the formation of an HOA. The initiative to organize a partnership may belong to any of the tenants of the house. It's best that this person be on in good standing among others, he had a positive reputation and trust. After all, he will have to convince the 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;
- strategy planning during the meeting created initiative group, including the main questions and answers for the general meeting of residents, taking into account the norms of the law;
- assessment of available resources: likely risks, initial capital for registration;
- Notifying residents of the meeting, that is, sending out invitations or other method of notification;
- direct meeting of tenants, followed by a vote for or against the creation in apartment building partnerships;
- after a positive vote, registration as a legal entity;
- opening a bank account;
- appointing board members and, if necessary, hiring staff;
- conclusion of contracts with tenants regarding the provision of public services;
- selection of contractors and conclusion of an agreement with them.
Members of the board and the chairman of the HOA are elected on general meeting by voting.
Organization of the initiative group and its activities
Each of the tenants of the house or several houses for which it is planned to create an HOA can unite in an initiative group. It is they who are responsible for notifying others about the meeting, and are also involved in the implementation of how to organize an HOA in an apartment building. The agenda and issues to be discussed at the meeting must be attached to the notice of the planned meeting.
The initiative group is chosen by the rest of the residents or self-nominated. But it is highly desirable that among them there are 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. So they must be responsible, good business executives and specialists in the right areas. And to know all the subtleties of how to open an HOA.
Holding a meeting
At this stage, the issue of creation of an HOA. Residents of an apartment building or several, having a common territory or located next to each other, gather to decide on the advisability 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. At the same time, 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 that each of them receive an invitation. But this does not apply to minors, since only tenants who have reached the age of majority have the right to vote. Owners who come to 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 state registration certificate, it can be replaced by other documents giving the right to own real estate:
- contract of sale, transfer of housing or rent;
- certificate of inheritance;
- extract from the unified state register.
If the tenant is unable to attend the meeting and wishes to vote, he may draw up a power of attorney for any neighbor who can cast a vote on his behalf, necessary to create a homeowners association. Such a power of attorney does not require notarization, 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 attached.
The meeting discusses what was indicated in the agenda attached to the notice. In this case, the issue of creating a partnership with subsequent voting. At the same time, the procedure for organizing such meetings is clearly spelled out in the housing code of the Russian Federation. Ballot papers are pre-made for voting, which are distributed to all comers who have the necessary documents with them. Only in this case, residents can vote, and their vote will be taken into account.
Given the positive votes of 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 duty assigned to the initiative group is to keep the minutes of the meeting necessary to open the HOA. Upon its completion, it must indicate the fact of a positive decision to establish 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 required to know in advance all the subtleties of its design. For this it is worth getting legal advice to help avoid mistakes.
Such step-by-step instruction about how to create an HOA. As you can see, there is nothing too complicated. However, for the correct paperwork, it is necessary to consult a lawyer and enterprising people on the board of the partnership who will defend the interests of the residents of the house.
HOA - what is it and how to organize it? What is needed to create an HOA in an apartment building?
The idea to create their own organization comes from the residents, when they are dissatisfied with the work of the management company.
Usually, this issue is dealt with by an initiative group, which conducts campaigning and appoints a general meeting of residents.
This group may include not only owners, but also third parties, for example, the mayor's office.
But the main thing is to the initiators had legal or managerial experience.
partnership requirements
homeowners association must meet the following requirements:
- To carry out their activities within the framework of housing legislation.
- The HOA is obliged to establish for tenants certain rules for the use of common property, determined by the SES.
- The organization of the HOA must be created in accordance with legislative norms.
The partnership must be registered with the tax authorities and have a bank account.
What documents are required?
What documents are needed to create an HOA? To create an HOA, or rather, to register it, the following papers are required:
- minutes of the meeting;
- a copy of the charter of the partnership;
- minutes of the board (on the election of the chairman);
- form 11001;
- a receipt confirming the payment of the state duty;
- power of attorney (if necessary).
Number of members
What should be the number of members of the homeowners' association that form the association? To create an HOA, you need so that it includes more than half of the owners of apartments in the house.
Otherwise, the organization cannot be registered as a legal entity.
So, how to apply for an HOA in an apartment building? Use the algorithm.
Step-by-step instruction
How to create an HOA?
So, initiative group, consisting of apartment owners, decided to form an HOA.
All actions of residents must comply with the established rules:
- 10 days prior to the event, notify all residents.
Moreover, the notification is drawn up in writing with an indication of the agenda. If the document is delivered personally, then a receipt must be taken from the recipient. If sent by mail, then only by registered mail. The meeting may be full-time or part-time.
- Holding a meeting. At it, participants should discuss only those issues that were put on the agenda. All tenants receive special ballots with which voting is carried out. The creation of an HOA occurs if more than half of the homeowners vote for it.
- After a successful vote, tenants must choose a board and chairman. The board is the executive body of the organization, and the chairman performs the functions of the head.
- Further the main document of the HOA is approved - the Charter. This is the founding document containing all the important information about the creation, operation and liquidation of the partnership.
- At the end of the meeting, a the protocol is signed.
- The duties of the chairman of the HOA include organization registration. How to register an HOA? To do this, all the necessary documents are collected, including the minutes of the meeting, a copy of the Charter, etc. Before submitting papers for registration, a state duty is paid.
- Then chairman opens a bank account, which will be listed for a specific house.
Meeting minutes
The protocol must be kept at every shareholders' meeting, since the creation of the HOA.
- This document indicates the agenda and issues that need to be addressed by the tenants.
- The protocol contains information on the number of tenants who voted for the creation of an HOA.
- The decision of the homeowners is required.
If the meeting is held in absentia, the document also states:
- the number of created bulletins;
- the number of submitted ballots from residents;
- members of the commission who counted the votes.
Community reorganization
If an association of homeowners is created in an apartment building, its reorganization is carried out on the basis of. Since the HOA is a legal entity, the procedure does not differ from the reorganization of other organizations.
The initiative can only come from the founders or the governing body if these powers are specified in the Articles of Association.
There are several types of reorganization of the association, in which all the rights and obligations of the partnership are transferred to another person:
- accession;
- transformation;
- merge.
In addition, the HOA can be reorganized with a selection or section. In the first case, rights and obligations are divided between several new legal entities. The division is carried out on the basis of the separation balance sheet.
All issues related to the reorganization of the HOA are submitted for decision at the general meeting.
Reorganization of the partnership often used in bankruptcy, as this is the only way to keep the organization. The whole procedure must be carried out according to the law, otherwise the court may declare it illegal. And then the question of its elimination will arise.
You can learn about the problems leading to the reorganization of the HOA from the video:
How to find out the date of registration of the HOA?
The association of residents is a legal entity, so it is quite easy to find out the date of its registration.
For example, you can find an organization at the address on the website of the tax service.
If the organization has already been implemented, the HOA will be listed.
If an official document is required, then order an extract from the tax authority.
Is it possible to create multi-house HOAs?
How to open a multi-house HOA? According to law it is allowed to create an HOA in one apartment building. But there are exceptions when the organization is engaged in the maintenance of several houses.
This is the so-called multi-house HOA. It can only be organized if if the houses are nearby and border on each other.
Is it possible to create an HOA if some of the apartments have not been privatized?
How to make an HOA if not all apartments are private? The organization is created by homeowners, therefore, from the side of non-privatized apartments municipality is involved.
But the creation of an HOA is considered impossible if there are more non-privatized apartments than privatized ones.
Results
A partnership has both advantages and disadvantages. The advantages of HOA include:
If speak about cons of partnership, the most common are:
- Lack of initiative on the part of the owners and their failure to comply with the decisions of the organization. This often results in the activities of the HOA are useless and over time it just closes.
- Incompetent management. The position of chairman must be held by a specialist, since one initiative is not enough. It is desirable that he be a lawyer or have experience in managing a large number of people.
- appearance of debtors.
If some tenants do not pay for utilities, then their debts must be paid by the rest of the participants. This leads to conflict situations and the fact that the partnership is liquidated.
The governing body, in this case the meeting of members, must develop a mechanism for influencing unscrupulous debtors.
- Additional spending. This is not for all residents. But if we take into account that the expenses are necessary for general needs, then they can hardly be called untargeted. This may be, for example, the arrangement of a playground or parking for cars.
The creation of an association of tenants of an apartment building seems to most the only way to control the operation common property . But in order for this organization to bring significant benefits, many factors must be taken into account.
Including, and the competence of members of governing bodies. Therefore, the formation of a partnership must be approached deliberately and in accordance with the procedure.
About, how to create your own homeowners association you can learn from the video:
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01.04.19 46 430 66
To save on heating and hot water
I am 30 years old, and for the third year I have been the chairman of the HOA of my house.
Gennady Goncharov
chairman of the HOA
With the help of the HOA, the tenants 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 half. I live in an apartment of 60 m² and in January alone I saved more than 2 thousand rubles on heating: I used to pay about 3500 rubles a month, now no more than 1300.
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 talks about how, with the help of the HOA, the residents of his house were able to win back 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 an apartment building and solves issues that the management company usually does not want to deal with: high-quality and durable repair of entrances, saving residents money on utility bills, 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.
HOA or TSN. Since September 1, 2014, associations of property owners (TSN) have appeared, which legally replaced HOAs. Now only TSNs can be registered, and existing HOAs must make changes to their constituent documents. TSN - more general concept, which 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 legally there is no HOA, the housing code still contains the term "homeowners' association". It is the HOA, and not the TSN, that has the right to manage an apartment building. In the article we will use the term "HOA", because it is more familiar. And the speech in the article is about the partnership of tenants of an apartment building, and not about something else.
Why we decided to create an HOA
I live in an ordinary provincial town - in Engels, this is Saratov region. 225 thousand people live here. My house is ten-storey, built in 2008, it has 180 apartments. The entire first floor is occupied by shops.
A few years ago, it occurred to me that life in our apartment building could be improved on our own. I found like-minded people among the neighbors. For our own money, we installed video surveillance, cleared an abandoned area in the middle of the yard, which the homeless loved, and thought about fencing the territory of the house with a fence. When I once again received a huge payment for 7,000 rubles 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 were in the house, and put up an announcement about the meeting on 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 rooftop boiler house. 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 ownership, as required by law, but belonged to a company whose founder is the general director of the developer. The boiler room was leased to another company with a license to operate boilers. Its founders included a person with the same last name.
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. This situation could be corrected only through the court - and only if the HOA, and not specific tenants, filed a corresponding claim. Individual residents will not be able to manage such a dangerous facility as a boiler room, and the management company does not need extra work.
So we decided to create an HOA.
It remains to choose a person who will deal with all this. At that time, I was poorly versed in the topic of accruals for housing and communal services, but I was sure that if I wasn’t in the management of the HOA, then sooner or later theft and waste would begin. I also understood that if I was just on the board of the HOA, then I would not have sufficient motivation to figure everything out. My income at that time was more than 100 thousand rubles a month, and I could afford to spend time studying a new field. Therefore, I became the chairman of the HOA of my house.
What is HOA
In an apartment building there is common property of residents: walls, roof, basement, porches, land, equipment - everything that serves several apartments or premises. For example, a cold water riser in a bathroom, through which water flows to neighbors above or below, is common property, and the pipes for wiring around the room extending from it are the property of residents.
Over time, everything becomes unusable, everything needs to be monitored - this is what management companies (MCs) do. But the usual UK is first of all commercial organization. It may be professional and cost-effective, but not interested in lowering the costs of the owners or in making the house stand longer. Usually than more money is maintained while maintaining the house, the more profit the management receives, often to the detriment of the quality of work and utilities.
The real owners of the house are a homeowners association, HOA. HOA is a non-profit association of owners in an apartment building who decided to manage the house together, ensure the continuity of utilities and maintain common property.
The professionalism of HOA members is often far from perfect, but responsibility for your home and for your neighbors is a good motivation that replaces professional knowledge.
Governing bodies of the HOA. The main governing body in an apartment building is the 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 members of the HOA is a less powerful body. It makes decisions on the activities of the partnership, elects a management board from among its members, establishes membership fee 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 submit proposals to general meetings of owners or meetings of members of the HOA. They also elect a chairman of the board from among their members. All or some members of the board may receive remuneration for their work from the funds of the association, if the meeting of members so decides.
All employees of the HOA report directly to the Chairman. According to the law, he executes the decisions of the board, but in reality the opposite is true. The meeting of members of the HOA assigns a monthly remuneration to the chairman.
The law does not prohibit, in addition to the chairman, to hire a professional manager in the HOA. The only question is finances. In our HOA, the salary of the manager is now 17,000 rubles, the chairman is 2,900 rubles.
The HOA must also have an audit commission. She makes sure that financial activities HOA everything was in order in terms of registration and fairness. Her task is to find inconsistencies in financial statements and check if all expenses are targeted. Based on the results of her checks, she reports to the tenants and can complain to the supervisory authorities - the tax, housing inspection or the prosecutor's office.
Plan for the creation of an HOA
There is a lot of information on the Internet about how to create an HOA. But I still recommend contacting a lawyer in the housing sector so that he can control the procedure. It cost us 10 thousand rubles.
Initiative group. First, among the residents of the house, you need to find at least three like-minded people who share your position on creating an HOA and are ready to act. This can be done with the help of announcements in the entrances and in the chat at home, if there is one.
Your like-minded people are the future board of the HOA. In order for a board vote to always make a decision, the number of members must be odd.
Finance. For the operation of the HOA, money is needed. They are included in utility bills and are indicated on receipts by the line "Maintenance 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 of working personnel is 76 thousand rubles per month:
- manager - 20 thousand rubles;
- accountant - 15 thousand;
- locksmith and cleaners - 10 thousand each;
- electrician, janitor and dispatcher - 7 thousand each.
76 000 R
expenses for salaries of working personnel in our HOA
The level of salaries in the regions is different, so talk to the chairmen of the HOA in your city to determine the size.
In addition to salaries for employees, money is spent on housework. They are determined by income and expenditure estimates, which must be drawn up and approved at a meeting of members of the HOA every year.
To understand how much it will cost to maintain an HOA for each apartment, you need to add up total amount expenses for the year and divide it by the total area of apartments and non-residential premises. Get 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 turned out to be more than in the Criminal Code, the HOA is not your option. Residents will not want to pay more.
If the house does not pull the content of the HOA, you can create a council of an apartment building that will interact with the management company and convey to it the wishes of the residents.
General meeting of homeowners
The decision to establish an HOA is made at a general meeting of owners. You need to prepare for this meeting: draw up an agenda, order extracts from Rosreestr in order to compile a list of owners, select dates for the meeting and the end of voting, print out 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 following items must be on the agenda of the meeting on the establishment of the HOA:
- Approval of the chairman and secretary of the meeting, giving them the right to count votes.
- Approval of the procedure for counting votes, for example, 1 m² of the total area of the premises in the property is equal to one vote.
- The choice of a way to manage a house is a management company or an HOA.
- Creation of HOA.
- Approval of the charter of the HOA.
- Determination of the quantitative composition of the board of the HOA.
- On the election of members of the board of the HOA.
- 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, hang information on the information stand, and not send registered letters to all tenants every time.
- Approval of the procedure for formalizing decisions of the general meeting - by a protocol signed by the chairman and secretary of the meeting.
- Approval of the place of storage of minutes and decisions of the general meeting.
- Approval of remuneration to the chairman of the board.
- Approval of the name of the HOA.
- Approval of a one-time fundraising for the creation of an HOA. It will come in handy to reimburse the expenses of the initiative group for stationery, registration, a lawyer, and so on.
The agenda in 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 on the decision sheets must reflect all the information and be clearly worded so that one can vote for, against or abstain without additional comments from the voters. For example, the agenda item "Approval of remuneration to the chairman of the board" in the decision form may look like this: "Approve remuneration to 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 a key in your personal account.
By uploading extracts 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 is already filled in. It is much more convenient to vote in such forms.
Notice to all owners of the meeting. According to extracts from Rosreestr, you need to print sheets of delivery notifications - a table with the data of the owners. This can be done using any of the community meeting services.
With the table, you need to go through the apartments and non-residential premises - shops or banks on the ground floor - and collect as many signatures as possible from the owners that they received a notification. The rest, whom it was not possible to notify personally, will have to send registered letters. The final notice must be sent at least 10 days before the meeting.
The general meeting of owners is usually held in person and in absentia. That is, first a face-to-face meeting is held with all those who wish, and then the rest vote on printed forms in absentia and hand over the completed decisions personally or to the mailboxes of the members of the initiative group. The place of collection of completed forms must be indicated in them.
At the on-site part, you need to be ready to answer the questions “What will change the HOA?”, “Who are you?” and “Are you going to steal too?” Promise people absolute transparency of all utility bills and expenses. It is important to understand the purpose of creating an HOA and its difference from the Criminal Code: the surplus 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 in person, because board members are residents of the house.
During the absentee part of the meeting, it is inefficient to scatter ballot papers in the mailboxes: people will not vote and will simply throw these pieces of paper away. We'll have to walk around the apartments 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 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 holding house-wide meetings, this protocol is prepared automatically. All that remains is to print it out with all the appendices - the register of owners of the premises in the house, the list of those who voted, the notice of the meeting, powers of attorney and completed decisions of the owners. Applications are also generated automatically.
Documents must be printed in triplicate: one remains for storage with the chairman of the meeting, the second must be given to the Criminal Code, the third to territorial authority State Housing Inspectorate (GZhI).
The protocol must once again be signed by all the owners who voted for the HOA. You can give photocopies of all ballots to the Criminal Code so that there are no suspicions about the forgery of the protocol and the incompetence of the meeting. In GZhI you need to hand over the original ballots.
In the Criminal Code and GZhI, it is necessary to attach to the protocol transmittal letter in two copies for each: on one, employees of the Criminal Code and the GZhI must put a mark on the acceptance of the protocol with annexes. 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 the premises in the house can familiarize themselves with them.
Registration of HOA
Like any legal organization, HOA must be registered with the tax office. Moreover, from 2014 it is necessary to register TSN, and not HOA: otherwise, registration will be refused. Now documents can be submitted electronically and not pay the state duty, but I personally registered the TSN with the tax office.
Attached the finished minutes of the meeting and the charter of TSN in two copies to the application in the form P11001 and signed it in the presence of a notary. The protocol and charter should use the term "TSN", not "HOA", this is important. Paid the state duty - 4000 rubles. All documents were taken to regional office IFTS, which is engaged in the registration of legal entities. A fresh sample of the charter of TSN can be downloaded on the Internet - and redone for yourself if you don’t like something.
4000 R
state duty for registration of HOA
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 of signatures. I had to give them a 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 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 delivered personally with a note of delivery of a letter on the creation of an HOA with a requirement to conclude an agreement for the supply of resources. Usually this is a water utility, power engineers, scavengers, elevator workers and intercom operators.
Within a month, resource-supplying organizations must conclude new agreements with the HOA, and the management company must transfer the technical documentation for the house and other documents necessary for work, as well as keys to the premises.
Our rooftop boiler house is used to heat another house, which stands nearby. Therefore, ideally, we had to create an HOA for two houses at once in order to reduce management costs - the salaries of an accountant and a manager, a dispatcher, office expenses, 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 be found 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 common 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 the house from the management company, you need to draw up a defective statement - a list of visible problems in the house. This is done so that in the future the HOA will have a reason to sue the Criminal Code for money that was not spent on home repairs, although they should have been. So we managed to sue about 380 thousand rubles for current repairs, which the Criminal Code did not do.
With a commission from the Criminal Code, you will need to re-walk through the house and point out 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 the technical floor so that they see problems that you may not know about: blockages in the sewer beds, idle compensation tanks, clogged heat exchangers, etc.
Documents for home management The management company must restore at its own expense and transfer the HOA within three months. This is:
- Technical passport of the house.
- Documents for metering devices.
- Documents on the acceptance of the results of work, estimates and inventories of work.
- Inspection reports, condition checks.
- Acts of inspections and issued passports of readiness for the heating period.
- Instruction manual for MKD.
- Cadastral plan of the land plot.
- Extract from Rosreestr.
- Town-planning plan of the land plot.
- Documents on the operation of an easement or other encumbrance.
- Project documentation.
- Lists of owners, tenants and tenants.
- Agreements on the use of 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. Handing over a pile of dusty construction projects to my house, the director of the UK sarcastically stated that they constantly use them. In these "useless" projects, we found that the entrances of the house had to be equipped with inclined lifts for the disabled. Now our HOA is filing a lawsuit 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 to make the final settlement of the Criminal Code with residents. It is very important to go through all the apartments together with the staff of the management company in order to correctly compile these lists: this will save the tenants money and your time in the future.
Many tenants do not submit testimony to the Criminal Code, especially in recent months 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 that transmitted by the Criminal Code. That is, your house consumed, for example, 500 cubic meters of cold water in the first month, and people submit readings with a negative volume, in which they do not have to pay for water, but you pay them. This is a big headache for the HOA: you will have to calculate cubes according to the standard and change the starting meter readings that are included in the program.
Fight for the boiler room
Having received power over the house in our hands, 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 filed a lawsuit to recognize the right of common shared ownership of the disputed boiler room. Before that, we held a general house meeting on granting the HOA the right to file a lawsuit.
In the lawsuit, we referred to the fact that the rooftop boiler house is common property, which, by law, cannot belong to any 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 recover his property from illegal use.
Since one organization owned the premises, and another organization was engaged in maintenance, all 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 of both the premises and all the equipment in it. According to the law, these are two separate requirements, so we paid two state duties of 6,000 rubles each.
In the lawsuit, we also asked to reimburse the costs of a lawyer in the amount of 30 thousand rubles.
This was not the first disputed roof boiler house for the defendant, and the trial was not easy: the proceedings lasted 6 months. On September 20, 2017, we filed a lawsuit, there were five court hearings, five more times the hearing was postponed for one reason or another - the defendant's failure to appear, the absence of the requested documents, the application for postponement. On March 26, 2018, we signed a settlement agreement: the boiler room became common property, and the defendant had to leave all the equipment in it, which also became the property of the house. According to the amicable agreement, the defendant did not reimburse the expenses for a lawyer in full - only 21,000 rubles.
Fight to lower payments
The HOA began work when the trial for the boiler room had not yet begun. Therefore, at first we had to conclude an agreement for the supply of heat and hot water with an organization that previously served the boiler house, and figure out how this boiler house works. The contract was frankly boorish: the heat supply organization had only rights, while the HOA had obligations, we pledged to pay for heat in the first place.
A few months later, the tenants began to notice with surprise that the fee gradually became higher and higher. We did not understand what was happening: the temperature of hot water felt the same, but we had to pay more for the cube. In a neighboring house, which was supplied with heat from our boiler house, a cube of hot water already cost 400 rubles instead of 250, as it used to be on average.
Calculation of the cost of hot water. The payment document has a table of accrual calculations, each line in it is a separate service or utility resource. The table has five main columns:
- Name of service.
- Individual volume of consumption.
- The volume of consumption for the maintenance of common property.
- Tariff per unit of volume.
- The total amount for the service.
Most often, a two-component method is used to calculate hot water in modern homes: cold water and a coolant enter the house - hot water with dissolved reagents against pipe corrosion, and hot water is prepared using a heat exchanger. That is, when you open a hot water tap, you do not get a coolant that has come from a pipe from somewhere, but water heated to the desired temperature already on the territory of your house. In this case, in the payment card, not one line “DHW” appears, but two: “DHW supply”, that is, cold water that was heated to hot, and “Heat energy for the preparation of DHW”.
This is how it works in our house: in the basement there is a heat exchanger that heats hot water, and the coolant descends to it from the roof boiler room. In the payment, the amount was growing precisely for heat energy, which is needed to prepare hot water. Therefore, the first thing we did was to start dealing with heat losses.
Width="1350" height="1612" class=" outline-bordered" style="max-width: 1350px; height: auto" data-bordered="true"> her preparation. In January 2018, 242 rubles per 1 m³ of hot water came out: (31.8 + 453.89) ÷ 2 = 242.49 R
Thermal losses. If hot water flows from point A to point B through a long pipe, and the air temperature around this pipe is much lower than the temperature of the water, then the water at point B 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, you have to drain all the water between your faucet and the heating device each time until it flows hot. And while the water circulates throughout the house, it cools down. The more it cools down, the more heat energy is needed to heat it up again.
We spent about 65 thousand rubles on the basement, 16 thousand rubles on the technical floor. In addition to the pipes, we thermally 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 enters the room only through the ventilation openings and the pipes cool less.
So it was possible to achieve a reduction in the average temperature difference between the supply and return by 5-7%. But it’s impossible to say that people noticed this by paying bills - the temperature differences 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 room were growing: too often hot water ceased to be hot and it was not always clear whether the control room of the service organization was aware of this.
My main occupation is web programming. Having mastered a little programming of microcontrollers, I made a device that allows you to see in real time via the Internet a graph of changes in the temperatures of hot water and coolant from the boiler room. When temperatures drop, I immediately receive an alert in Telegram, and from the schedule you can understand whether there was an accident in the boiler room or a problem in something else.
Temperature analysis 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 switched off boilers, in the boiler room, and not on the way to the heat exchanger.
Boiler service. In May 2018, we finally received a boiler room with all the equipment in common house ownership and stopped paying for hot water at the rate. We found an organization that helped us take over 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 house for 55 thousand per month. The amount was divided by all owners of premises in two houses in proportion to the area, it turned out to be 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 upcoming repairs. In total, the owners gave 4.41 R per square meter for servicing the boiler house.
A few months later, we began to notice that in apartments with minimal hot water consumption - pensioners, for example, are trying to save water - due to the payment for the maintenance and repair of the boiler room, the amount for the summer month has not changed at all. A cube of hot water cost 150 rubles instead of 250, but another 100 rubles were spent on maintaining the boiler room. Although no work was done on the boiler house. 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 house costs the owners 2.86 R per square meter.
As a result, the cause of frequent problems with hot water and large payments was not only a high water tariff, but also improper maintenance of the boiler room: hot water cooled down due to lack of thermal insulation and problems with the coolant, and service organizations took money for repairs that were not carried out. Only when our HOA sorted out all the problems and registered the boiler house as common property so that the tenants would stop paying the tariff, payments for water and heat decreased.
"Theft" in the HOA and the Criminal Code
When we learn about the work carried out by the Criminal Code, 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 contractors working on a cashless basis lead to a strong overpricing. Such contractors do not want to deal with minor work, so the price is still rising. A lot of energy is spent on finding a reasonably priced offer with a guarantee of quality. It turns out that outwardly quite simple work results in a round sum.
And there are also such works, the need for which none of the residents can even guess: flushing the heat exchanger, preventive maintenance of the sewer system. These services are expensive and must be carried out regularly. A huge amount of equipment in the house requires repair and maintenance, and it seems to the residents 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 about what they are paying money for, because they pay the janitor in front of the store and the cleaner separately.
Results: how much we reduced the cost of heating and hot water
In the heating season, what we have been working towards for two years has finally come: payments for heating and hot water have become significantly lower. Now paying 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, 1,091 rubles for heating, and another 206 rubles for maintaining 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 of the premises of the house owned and the total amount of hot water consumed during these months, you can compare the total amounts payable from the whole house.
Heating and hot water costs for our house
January 2019 | January 2018 | January 2017 | |
---|---|---|---|
241,775.48 R | 360 522.53 R | 551 032.21 Р | |
1297.77 R | 1935.16 P | 2957.76 R | |
21.24 R | 31.67 R | 48.41 R | |
Heat and hot water for the whole house | $289,889.00 | 528 537.04 Р | R 676,594.92 |
DHW for the whole house | 48,113.52 R | 168,014.51 Р | 125,562.71 R |
DHW per 1 m³ | 88.12 R | 307.72 R | $229.97 |
Savings for the home | 386,705.92 R | R 148,057.89 | - |
Heating and maintenance of the boiler room for the whole house
January 2019
241,775.48 R
January 2018
360 522.53 R
January 2017
551 032.21 Р
Heating and maintenance of the boiler room for an apartment of 61.1 m²
January 2019
1297.77 R
January 2018
1935.16 R
January 2017
2957.76 R
Heating and maintenance of the boiler room for 1 m²
January 2019
21.24 R
According to Russian legislation, owners of apartments in multi-apartment buildings have the right to independently determine how they manage their housing stock. One of the most common methods of management is the creation of an HOA (homeowners association). HOA is a complete entity having Bank details and independently resolving all issues related to the maintenance of a residential building and adjoining territory in due order. To perform certain types of work, the HOA may involve third-party organizations.
The owners of all premises in one apartment building have the opportunity to create only one HOA, and the number of people who have created a partnership must be at least 50% of all apartment owners. In order for the activities of the HOA to be legal, the creation of a partnership requires compliance with a number of mandatory procedures in the manner prescribed by law. The whole procedure - from making a decision to create an HOA to its completion and receipt of all required documents can be divided into several key steps. Consider the sequence and essence of each of them.
Step 1. Organization of the initiative group
The creation of an HOA always begins with the organization of an initiative group from among the owners and residents of apartments. It is this group that will deal with the issues of creating a partnership.
An initiative group can be formed without holding a meeting.
The initiative group, as a rule, includes the most active residents. Ideally, they should be trusted by the majority of residents and have a variety of specialties: for example, legal and economic Education and management experience. The initiative group is studying legislative framework on the creation of the HOA, prepares notification forms, forms, bulletins, protocols and other documents that will be needed in the next steps.
Step 2. Holding a general meeting
After the creation of the initiative group, a decision is made to hold a general meeting of the residents of the house to consider the issue of establishing an HOA. The most convenient time is determined, written notices are drawn up and a notice is organized for all residents of the apartment building. All this is done ten days before the appointed date.
Directly at the meeting, a decision is made to establish an HOA - this requires a majority vote of homeowners collected in writing. When a positive decision is made on the establishment of the HOA, its board and chairman are elected.
In order to create an HOA, it is said that in order to participate in the voting, homeowners must have copies of their passports and documents confirming the ownership of the apartment.
In addition to the face-to-face form, the meeting can be held in absentia. To do this, homeowners individually fill in the forms and hand them over to the members of the initiative group, who count the votes and notify everyone of the voting results. If the meeting does not get enough votes, a second meeting can be held only after a month.
Step 3. Approval of the charter
If the decision to establish an HOA is made, homeowners write applications for joining the established partnership.
This is an important point enshrined in the LCD RF. In parallel, a charter is being prepared, which is submitted for consideration by the general meeting of members of the HOA. A majority of votes is also required to approve the charter (instead of a meeting, members of the initiative group can visit the apartments of residents, distribute forms to them and instruct them to fill it out).
The charter should reflect the main provisions on the basis of which management will be carried out residential building. The document establishes the rights and obligations of members of the HOA, the number of members of the board and the audit commission, methods of interaction, and much more. Since the document is legally binding, it without fail certified by a notary.
Step 4. Registration of HOA and solution of organizational issues
Copies of the minutes of the meeting at which the decision to establish the partnership was made are notarized and submitted to the tax authority for registration. At the same time, the powers of the person who registers the organization must be reflected in this protocol. In addition to the protocol, when submitting documents, an authorized person will need a passport, an application, a copy of the charter and a receipt for payment of state duty - about 4 thousand rubles.
The registration authority performs document verification, which takes about seven days. After registering the partnership, a bank account is opened, then the data on the creation of the HOA are transferred to the balance holder of the residential building (to the local administration).
The transfer of an apartment building to the management of the HOA is carried out with the participation of local authorities.
The building is transferred to the balance of the HOA in accordance with the act of acceptance and transfer, to which is attached technical documentation on house. At the same time, there are no changes in the property rights and in the documents of the tenants. After the completion of the transfer of the house to management, notifications are sent to the bodies and committees involved in the management of the urban economy.
Step 6. The final stage
Further, as necessary, meetings of members of the HOA are held, at which decisions are made on the conclusion of contracts with other organizations (suppliers of public services), decisions are made financial questions. If some tenants have refused to join the HOA, but they use common services, separate agreements are concluded with them.
In addition, by decision of the members of the HOA, the house can be transferred to the management company, the choice of which is also carried out by the tenants at the general meeting. Residents decide what tasks and types of work will be carried out by this organization. Rights and HOA obligations and managing organization fixed in the respective agreement.
The control of the expenditure of funds is usually carried out by the audit commission of the HOA. In addition, all residents can monitor this by requesting documents that confirm the completion of certain works. Members of the board of the established partnership need to be prepared for the fact that other tenants will turn to them with complaints and requests. Solutions should be found jointly, politely and competently - only in this case the management of the house will be carried out effectively.
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