Hskh is an association of people who are building a multi-apartment building. We'll figure it out how it works: who is at the helm and how to meet the cooperative to agree on decision-making?
The HSSK implies the participation of each shareholder in the management of the organization.Citizens united their capital for the construction of an apartment building and together should determine: what they want to see the future housing, which to choose a contractor, determine the amount of contributions, accept new shareholders, exclude debtors, etc.
According to Art.115 of the Housing Code of the Russian Federation, the management of housing cooperative carries out:
- general meeting;
- the conference;
- governing body.
General meeting
The General Meeting is the highest collegial body of the board of the Russian Federation. Cooperative acts in the form of self-government. Each shareman takes part in managing directly or through its authorized representative.
The conference. If the number of shareholders is more than 50, then the main questions solves the conference. The conference may be in housing and accumulative cooperatives.
It involves persons authorized to make decisions for the rest. The order of their election and the amount is defined in the Charter.
To the exclusive competence of the meeting relate:
- election of management bodies;
- appointment of financial control bodies;
- approval of the application for admission to the ranks of shareholders;
- exception from memberships.
Quorum.To recognize the decision of the General Meeting of Legitimate, more than 50% of those present at the meeting votes for him (simple majority). This requirement of the law is not necessarily and can be changed in the Charter.
According to the most important issues, the decision is considered to be adopted if a qualified majority voted for it - more than three quarters of those present. The list of such questions can be viewed in the Charter.
Counting votes It is conducted "on heads" - one natural or legal person has one voice. The size of the share does not affect the number of votes.
The process of holding a general meeting is fixed in the protocolwho is signed by the Chair and the Secretary. Any interested person has the right to get acquainted with the protocol.
Housing or other specialized consumer cooperative can manage a multi-family house.
The following types of housing and other specialized consumer cooperatives can be distinguished:
housing cooperative (paragraph 1 of Art. 110 LCD RF);
housing cooperative (paragraph 1 of Art. 110 LCD RF);
consumer cooperative created in the manner prescribed by the current legislation (Article 116 of the Civil Code of the Russian Federation), in order to manage an apartment building.
Housing or housing and construction cooperative(hereinafter - the housing cooperative) recognizes the voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as managing residential and non-residential premises in a cooperative house (paragraph 1 of Art. 110 LCD RF).
Housing cooperative is created to purchase ready-made housing cooperative, reconstruction and subsequent content (management) of an apartment building (paragraph 2 of Art. 110 LCD RF). While the housing and construction cooperative is created with the purpose of construction at the expense of the members of the new housing cooperative, reconstruction and subsequent content (management) of an apartment building (clause 3 of Art. 110 LCD RF).
The activities of housing cooperatives are regulated by the section V of the Housing Code.
Since the primary purpose of creating housing cooperatives is to meet the need for members of a cooperative in housing, then such cooperatives must be created before the purchase of housing in the interests of the cooperative members. And then acceptance of the members of the cooperative of other persons who wished to join it (Art. 111 LCD RF).
The housing cooperative is created by decision of its founders, adopted at the general meeting of these founders (paragraph 2 of Art. 112 LCD RF). The number of members of the cooperative must be at least five and should not exceed the number of residential premises in the apartment building under construction or acquired by a cooperative (paragraph 1 of Art. 112 LCD RF). The specified value of the Housing Code suffers from a disadvantage characteristic of the code - it does not take into account the availability of non-residential premises in apartment buildings. Therefore, the number of members of the housing cooperative should not exceed the number of residential and non-residential premises in an apartment building, which are or will be after the full payments of the share contribution to the private ownership of the members of the cooperative.
Founders, as well as subsequently members of the cooperative, may be individuals who have reached sixteen years (paragraph 1 of Art. 111 LCD RF).
In the meeting of the founders of the housing cooperative, persons who wish to organize a housing cooperative are entitled to participate.
According to paragraph 4 of Art. 112 LCD RF, the decision of the founders of the founders about the organization of a housing cooperative and on the approval of its Charter is considered to be adopted, provided that, for this decision, persons wishing to join the housing cooperative (founders). Consequently, the decision to organize a housing cooperative must be taken as a paradise member that is minimally and maximum permissible, as follows from paragraph 1 of Art. 112 LCD RF. Members of the housing cooperative since its state registration as a legal entity are persons who have voted for organizing a housing cooperative (paragraph 5 of Art. 112 LCD RF). Persons who voted against the organization of a housing cooperative do not become members of the cooperative, but may be adopted later in the usual order (Art. 121 LCD RF). The decision of the meeting of the founders of the housing cooperative is issued by the Protocol (paragraph 6 of Art. 112 LCD RF).
According to Art. 114 LCD RF, state registration of housing cooperative is carried out in accordance with the Federal Law of August 8, 2001 No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" (hereinafter referred to as the Federal Law of August 8 No. 129-FZ).
According to Art. 115 LCD RF bodies of housing cooperatives are:
general Meeting of Housing Cooperative Members;
conference, if the number of participants in the general meeting of members of the housing cooperative more than fifty and the presence of such an authority is provided for by the Charter of the Housing Cooperative;
board of Housing Cooperative and Chairman of the Board of Housing Cooperative.
The general meeting of the housing cooperative and in the established cases, the Conference is the highest management bodies of the Cooperative (Art. 116 of the LCD of the Russian Federation), the decisions of which adopted in the prescribed manner are mandatory for all members of the cooperative (clause 2 of Art. 117 LCD RF). The competence of the General Meeting (Conference) of the members of the housing cooperative is determined by the Charter of the Cooperative in accordance with the Housing Code (clause 2 of Art. 116 LCD RF). The Housing Code does not make recommendations for identifying issues that may or should be attributed to the competence of the General Assembly. This approach cannot be recognized correct, since this may make it difficult to approval by the meeting of the Charter and lead to a conflict between the founders in solving the question of the competence of the General Assembly. Unambiguously, it can be said that in accordance with the norms of the Housing Code, the following issues should be attributed to the competence of the General Meeting of Housing Cooperative Members:
amendments and / or additions to the Charter of the Cooperative (since it is precisely the competence of the General Assembly refers to the approval of the Charter - paragraph 4 of Art. 112 LCD RF);
election of the board of housing cooperative (paragraph 1 of Art. 118 LCD RF);
election of the Audit Commission (Auditor) of the Housing Cooperative (clause 1 of Art. 120 LCD RF);
approval of applications for admission to members of the housing cooperative (paragraph 2 of Art. 121 LCD RF) and the exclusion of members of the cooperative (clause 3 of Article 130 of the LCD of the Russian Federation);
the establishment of conditions and the procedure for making a share contribution (since conditions and order should be determined by the Charter, which is approved by the meeting, - paragraph 1 of Art. 125 LCD RF);
solving the issue of converting a housing cooperative (Art. 122 LCD RF);
solving the issue of liquidation of housing cooperative (Art. 123 LCD RF, and paragraph 2 of Art. 61 of the Civil Code of the Russian Federation).
Manages the current activities of the housing cooperative under Art. 118 LCD RF Board, elected by the General Meeting of Members of the Cooperative. The Board chooses from its composition Chairman of the Cooperative.
To control the financial and economic activities of the housing cooperative, the General Assembly of Members of the Cooperative (Conference) is elected by the Audit Commission (Auditor) of the Housing Cooperative (Art. 120 LCD RF).
P.V. Krasheninnikov indicates that, unlike the residential partnership Housing Cooperative, "acts as the owner of both residential premises and general facilities." This statement is true only before the moment the members of the cooperative will not pay all of their Pai. According to paragraph 1 of Art. 129 LCD RF, a member of the housing cooperative after the full payments of the share contribution acquires ownership of a residential premises in an apartment building. The action of this norm also applies to non-residential premises in an apartment building. As soon as one member of the housing cooperative fully will fully contribute to the property relations in an apartment building in the housing cooperative, the action of ch. 6 Housing Code "The total property of the owners of the premises in an apartment building. General meeting of such owners. " This means that from this point on, the total property of an apartment building belongs to the right of common share ownership of the premises in this house (paragraph 1 of Art. 36 LCD RF).
Managing the common property of an apartment building Housing cooperative is carried out through its own bodies. For this, the housing cooperative concludes:
contracts for the provision of services for the maintenance and (or) work on the repair of the common property of an apartment building with persons carrying out the relevant activities;
contracts with resource-supplying organizations on the supply of resources necessary for the common property of an apartment building (heating and coverage of common areas, water supply of common areas, etc.).
Housing cooperative as a side of the above agreements is responsible for counterparties for the timely payment of work performed (services) and resources. Members of the housing cooperative must, in addition to mutual and entrance fees, make contributions to the content of the common property of an apartment building. If, in the process of construction of an apartment building, such contributions are not yet too relevant (the house is based on mutual contributions), then after commissioning at home without such contributions it is not necessary. In this regard, it is advisable to include in the charter of the housing cooperative the provision on the payment of contributions by members of the cooperative to the content of the general property of an apartment building. The presence of such a position in the charter of the housing cooperative:
will correspond to one of the goals for which such cooperatives are being created - management of an apartment building;
completely reasonable, because after the full payments of the share contribution at least one member of the housing cooperative (and over time, all members of the cooperative should be fully paid to the payment of a mutual contribution to the content of the general property of the apartment building are regulated by Art. 39 LCD RF.
After all members of the housing cooperative will pay divergence and make their own ownership of the premises in an apartment building, the preservation of the cooperative in an existing form seems to be inappropriate. The main goal of the housing cooperative is achieved - the need for members of the cooperative in residential and non-residential premises is satisfied, and then it is necessary only to organize a multi-apartment house. Consequently, the owners of premises in an apartment building managed by a cooperative may decide to change the method of managing the house. Since the members of the cooperative "are accustomed and accustomed to" to coordinate their will through the creation and participation in managing a legal entity, the legislator logically provided for housing cooperatives only one method of reorganization. According to Art. 122 LCD RF Housing Cooperative to address the general meeting of its members (conference) can be transformed into a home owner partnership. Moreover, it will be shown below, the management of an apartment building by creating a home owner partnership is regulated in more detail (most of the rules have an imperative character), which is designed to more effect the interests of the owners of the premises in an apartment building and will help minimize the number of conflicts associated with With control.
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Increasingly, people are looking for the slightest opportunity to get a cherished apartment in their own ownership. Many are trying to go through bank transactions, mortgages, lending, but often burned on the magnitude of interest. Looking for such a way that would allow you to really pay the amount and apply for housing.
Committed to cooperatives voluntarily, with the aim of acquiring or building housing to all participants. Housing cooperative is the association of people (citizens of the Russian Federation) or legal entities in order to provide, on the basis of membership in a cooperative, housing all that joined, which allows you to manage all housing buildings of a different nature. All members of the cooperative make membership fees, with the help of which the acquisition is carried out, to reorganize and maintain the dwelling after the acquisition.
Rights and obligations
When creating and distributing obligations in the housing cooperative are guided by Art. 111 and 112 of the Housing Code of the Russian Federation, the general provisions of the Civil Code of the Russian Federation on legal entities. Thus, create a housing cooperative can citizens with a number of 5 people, and the total number of members of the housing cooperative should not be equal to or less to all residential premises of the cooperative home.
The decision made to the vote in which the issue of creating such a housing cooperative will be considered, its founders and members of the cooperative should be adopted unanimously, and only then the cooperative is considered to be created. A complete description of all the subtleties of the organization of the structure of the meeting on the creation of a housing cooperative in the laws of the Russian Federation does not exist. This decision is fixed by the protocol, where the section is documented about the adoption of the authorized document of the community.
Views
There are several types of housing cooperative or other special consumer associations:
- consumer association for home management (multi-unit);
Housing and construction cooperative has a long history of 100 years. For many years, it was canceled, they were allowed and now he is again in action. This type of association differs from the previous species to a little: grouping of people on voluntary ambushes, created with the aim of building a cooperative house, followed by accommodation members of the housing cooperative.
In the contract compiled by the founders of the HSSC, the term of the house and the cost of housing is prescribed, any item can be changed at a general meeting, but none of the members of the association pays exorbitant interest in tenfold.
From positive moments:
- minimum necessary documents;
- no need for guarantors and guarantees;
- you will need to pay the amount at a reduced annual rate of 0.5%.
The housing and cumulative cooperative is slightly similar to the form of housing and construction cooperative, but has its own characteristics. Housing cooperative involves the accumulation of funds for the purchase of housing to its members, and this is done by mutual contributions. But construction or purchase of housing is carried out in different apartment buildings, and not in particular one, cooperative.
Documentation
Housing cooperative should be a stately registered authority. To do this, in the tax organization of the terrain, where the authority of the LCD government must submit such documents:
- statement of state registration with signatures;
- protocol for the creation of the LCD;
- approved charter;
- legal address document;
- payment receipt for registration.
In the statutory document of the housing committee, information should be displayed on the name of the housing cooperative, territorial finding, the order of entry into the cooperative and exit from it, the payment system at exit from the LCD, the number and amount of contributions (introductory, mutual) and much more.
After entering a record in a single registry, the housing cooperative is considered created. Next, the cooperative receives a document on the assignment of codes by mail, accounting in extra-budgetary funds and opening the current account.
The registered utc and its statutory document becomes the main document in all respects within the cooperative between members of the housing and construction cooperative.
The composition of the Government of the Cooperative consists of: Chairman, chief accountant, auditors.
The collection of a housing cooperative is considered to be eligible, with half of the members of the LCD present on the total number of members. And the decision-making may be with the fourth part of the voter members for it, present by the permanent half of the cooperative.
All decisions of the housing and construction cooperative should not contradict the requirements of Part 1 of Art. 111 LCD RF as amended by Federal Law of November 30, 2011 No. 349-FZ.
To become a member of the Cooperative, it is necessary to submit an application to the Chairman of the Cooperative Council for Members of the LCD. The application may be considered for a period of up to month, then the verdict of the conference of members of the cooperative is submitted. The new member of the LCD is paid payment and after a positively voted decision, he becomes a full member of the LCD.
The management of the housing cooperative is made by elected citizens from members of cooperatives for a period prescribed in the Charter of the LCD. The Chairperson has the authority to act on behalf of the cooperative, make transactions and perform the decisions of the LCD.
Before consistent with the varieties of civilian structures operating in the Russian Federation and their characteristics, it should be clearly defined, which is a housing cooperative. Existing Russian legislation defines this organization as one of the types of consumer cooperatives. They are created to provide their participants with housing, that is, apartments in the house, the construction of which takes place on common personal funds.
All activities of the cooperative is carried out in full compliance with the Housing Code of the Russian Federation. At the same time, not only individual individuals who have reached majority, but also legal entities have the right to establish the organization. It is possible to create a housing public cooperative when at least fifty people will be raised as part of the participants. In addition, it is worth noting that the registration of the structure is not burdened with any difficulties.
The management activity of the Organization was regulated by the provisions of the Housing Code, which recorded the procedure for the Board, conducting general meetings and the work of the Audit Commission in conjunction with the executive bodies.
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Possible species
Housing cooperatives have a peculiar specificity, according to which are divided into such species as:
- LCD - housing cooperative;
- Hskh - Housing and Construction Cooperative;
- LNG - housing and accumulative cooperative.
Each of these species has a number of characteristic features, however, the LCD and the ESSM with each other are very similar. The difference is that the members of the LCD work with respect to the already existing apartment building, and the participants of the SCR organizes construction on their own initiative. This practice in Russia has been fixed for several decades.
As for housing accumulative cooperatives, their goal is exactly the provision of participants in residential area. However, the essence is that on the adoption of the LNG there is no definite apartment building and its construction is not planned in advance. Thanks to the accumulations that were formed due to share contributions, housing is bought in different facilities, and not only in those where construction is completed, but also in unfinished new buildings.
Regardless of the type of organization, the founders constitute a contract that all participants sign. This agreement has a limit on the construction time of housing and its value.
On advantages
Housing cooperative, regardless of which of the above species it belongs, has virtues and disadvantages. Therefore, before you enter into such a civil association, you should carefully weigh all the pros and cons.
In general, housing cooperatives give citizens the opportunity to acquire their own housing much cheaper than the exact same purchase in the mortgage would cost. This became possible due to the fact that no credit institutions do not support the common cash desk, that is, no interest is implied for any percentage. In addition, a very low cost of living space is due to the fact that its construction or purchase is carried out without attracting any intermediaries who need to pay for services.
Another advantage of the cooperative is the simplicity of entry into it. Here you do not need to collect a huge package of documents, such as, for example, to obtain a loan, and there is also no need to confirm your solvency. Usually, only a personal passport and employment record is presented for entry.
Acquisition of housing for members of the organization does not occur spontaneously. Before making a decision, the issue is discussed at the General Meeting.
About shortcomings
Not devoid of housing public cooperative and some drawbacks. Such civil education is considered independent and focused on the construction and acquisition of real estate objects. This is obviously requires significant financial contributions. Despite the fact that the whole amount is not brought immediately, the introductory payment sometimes ranges from 2% to 6% of the total cost of the planned apartment. However, this amount does not apply to the total amount of savings and, when leaving the organization, the fee is not refundable. This is essentially due to the simplicity of entry into the structure.
As practice shows, the accumulation time is often not less than two years. This means that even with a one-time introduction of the total amount of the cost of housing, it will be impossible to immediately receive a renewable apartment.
Despite the advantage of cooperatives before the mortgage loan is better in the fact that a citizen can immediately become the owner of the housing, which will be pledged by the bank. Even in the event of financial difficulties, the issue with a banking institution can be solved by issuing a delay in payments, but the housing cooperative is guided by completely different rules. The apartment will not belong to the citizen until the entire amount is paid. If a person loses the financial opportunity to make contributions, he is deprived of property and paid money to him are not reimbursed.
Creating a cooperative
Such an association as a housing cooperative is subject to mandatory state registration. To arrange everything according to the law, you need to contact the tax service at the place of stay of the LCD with the package required for paperwork.
Documents for registration of LCD (HCC, LNG):
- Written application with signatures of participants;
- Officially executed protocol on the creation of a cooperative;
- Ready Charter of the organization;
- Paper about the assignment of the legal address;
- The receipt that the state fee for registration was paid.
The statutory documents of housing committees must define information on the name of the organization, location, rules of entry and access to the structure, the system of cash payments, the size of the introductory and share contribution, the other.
The housing public cooperative will be considered created and has the right to function immediately after the corresponding entry will be made in the Unified State Register. When this happens, the founders will receive mail documents with the assignment of codes and will discover the calculated account.
Further, to join the structure, citizens are submitted to the chairman of the presidency, which is considered within a month. The decision on the reception of the new member is accepted at the meeting of the cooperative.
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Managing an apartment building is a very complex process that requires knowledge in various fields of legislation. This is especially true of legislative acts adopted in the field of housing and communal services. The number of documents adopted is increasing every year and understand this is very difficult. Accommodation of citizens in apartment buildings is very dramatically different from accommodation in a private house. First of all, it is associated with numerous problems and solutions that need to be addressed together, most owners. In order to maximizely deal with the service of the house for a start, it is necessary to resolve the issue of managing an apartment building, which will suit all owners. To do this, select a method of controlling an apartment building.
Managing an apartment building management organization
Managing an apartment building of the control organization is the most common form of managing residential buildings. This method is convenient for several reasons. First, in the management organization any number of houses in any territorial location can be combined. Secondly, the UO management form is primarily a commercial organization that is created to profit. Therefore, it is not necessary to decide which salary of the company's employees only the organization's director and in no way owners. Thirdly, the management organization may enter into management contracts with both a whole home and with HOA or HCC, if owners vote for it. You can also provide services not to manage the house, but only for its maintenance. This method is very convenient for residents who have chosen the direct form of control or where payments are carried out directly.
Conclusion of a contract of management of an apartment house
In order for the management organization to conclude a contract of administration of an apartment building and proceed to its management, owners are obliged to choose it by a majority vote. At the meeting of the owners, tariffs for maintenance and repair of housing should also be established, according to which the organization will work, issues of the use of common property of the house will be resolved. For example, basement rooms for employees of the organization and other organizational moments. After the meeting, the beginning of the management of the house will be the date of the Office of the Office, which must be concluded with most owners of the whole house. Management contract and will be the main document, in accordance with which the home management work will be carried out. My advice, to familiarize yourself with this document as carefully. Of course, the management organization is obliged to comply with all the norms of housing legislation and no deviations should be. But as often, there are some concepts in modern legislation, some concepts can be blurred and therefore they can specify them in the management contract as an advantageous management organization.
With all these advantages, the UO, in contrast to other forms of management, apartment buildings are more prone to inspections and supervision as a whole. The owner who understands where to treat a complaint in the event of the failure to fulfill its duties on a specific issue will always be able to obtain certain works. The management organization is obliged to carry out all the work in accordance with the rules for the content of the general property of an apartment building, ensure the provision of public services, adhere to the rules for the implementation of the management of apartment buildings and comply with other rules and rules in their work.
Sample Control Service of the Apartment House
When managing an apartment residential building of the managing organization, it is responsible to the owners of the premises for the provision of all services and work. It is obliged to ensure the proper maintenance of common property in this house and their quality that must comply with the requirements of technical regulations and the rules of general property regulations established by the Government of the Russian Federation in an apartment building, as well as for providing utilities depending on the level of improvement of this house.
In this case, pay attention to the contract management apartment building. Sign only by making sure that it takes into account all services necessary for favorable accommodation in your home. You can get acquainted with an example of a management contract and you can download it.
Control procedure apartment house
The procedure for managing the apartment building is regulated by the rules for the implementation of enterprise multi-family houses. Approved these rules determine the standards for managing apartment building houses, which describes the responsibilities of the management companies, their powers and the norms of cooperation with the owners. In order of management, the storage standards of the technical documentation of the house and transfer it to another management company in the event of re-election, the obligations to conclude contracts for the provision of utilities, the obligations to disclose information on the activities of the Company, the preparation of proposals for the establishment of tariffs for the content and repair of housing in accordance with the minimum List of works in a residential building, as well as the work of the emergency dispatch service.
Managing License Apartment Houses
One of the main innovations in the management of apartment building houses was the adoption of the Law on Licensing Management Organizations. In accordance with the supplements in the Housing Code of the Russian Federation, license to manage apartment buildings are required to receive only managing organizations. It was done that the supervisory authorities had the opportunity to eliminate the negligent companies from the provision of housing and communal services without the right to restore their activities, as well as the exclusion of events, when several apartment buildings are managed by several organizations.
The process of obtaining a licinant license license is not a special burden for a new company. It is enough to apply to the State Housing Inspectorate with the relevant statement, to pass the exam by the head of the Management Organization, pay the state. The duty and in general, the process is over this. If the management organization does not cope with its duties and the supervisory authorities receive constantly appeals from citizens from a certain home, then GGGs can or eliminate a particular home from the register of houses that are managed by the UO or withdraw a license to manage all the houses. These innovations were supposed to help make the market management organizations more understandable and transparent.