Creation of HOA - highlights

Article 61 of the RF Housing Code obliges all owners of apartments (living quarters) to choose the way of managing a dwelling house - directly by the owners, a housing cooperative (a partnership of owners) or with the help of a management company. The most optimal option is to create a HOA (homeowners' association). Its advantage is the ability to control the organizations that provide public services and protect the interests of ordinary owners, the downside is the costs of creating and operating.

Before you create a HOA, you need to understand the legal basis for the creation process. LC in Article 135 for HOA is understood by the non-profit association of apartment owners of an apartment building with the purpose of general management of the property of the house and ensuring its operation within the limits established by law. HOAs can be arranged in any of the apartment buildings, regardless of the number of apartments owned, or to combine several neighboring houses.

Creation of HOA involves the selection of one of the options for the list of his powers - independent maintenance and repair of common premises of the house or the implementation of only management functions. The process of creating it can be divided into several stages.

Before organizing the HOA, it is necessary to hold a preliminary meeting. When preparing it, a group of initiators should develop a list of key issues and a specific framework for the activities of the partnership to put on the agenda. At the agitational stage, it is necessary to explain to all tenants the meaning and benefits of creating a new structure, to bypass the apartments and deliver summons with the date of the meeting (or send it by mail). Not later than 10 days before the meeting, it is necessary to post announcements in indicating the place and date of the meeting and the agenda.

The initiative group, in addition, should contact the administration of the settlement with an invitation to a meeting of the representative of the administration, who is to answer the questions of the tenants. Also in the administration you can get lists of premises of an apartment house to determine the proportion of apartments in private and municipal ownership in the total area of the house.

At the first meeting, the owners choose the form of house management. Creation of HOA is possible only if not less than 50% of owners voted for it. And the distribution of votes is possible (by common decision), depending on the size of the occupied housing, as well as the number of residents or the number of apartments. According to the law, the constitutive document of the HOA is its charter. Members of HOAs have the right to be owners on their applications. Thus, the first meeting of future members of the HOA should, in addition to the above, approve the charter of the partnership, elect the members of the management board and the audit commission. It is necessary to elect the chairman and secretary of the meeting, provide a quorum (otherwise the results of voting will be invalid) and register the present. If it is not possible for a mass appearance, there is a variant of absentee voting on the issues under consideration.

Creation of HOA should be registered in the established order, information about it is included in the register of legal entities. It is also necessary to register the newly established partnership with the tax authorities, open a settlement account in the bank and notify the creation of the Housing Commission by providing copies of registration documents.

After the state registration, the management of the house is transferred to the management of the HOA. The transfer is carried out by a special commission with the participation of representatives of government bodies and representatives of the partnership. At the same time, an act of transferring the house with the necessary documentation is drawn up.

Now HOA has the right and is obliged to conclude contracts with service providers and, accordingly, to charge utility payments to tenants of apartments of any form of ownership of their home.