Reasons for organizing a residential complex or housing cooperative
Housing complexes and housing cooperatives, according to the provisions of Article 110 of Chapter 11 of the Housing Code of the Russian Federation, are groups of individuals or legal entities who have cooperated on a voluntary basis to meet their needs for living space and manage an apartment building. When acquiring permission for construction, such an association created after December 1, 2011 can perform the functions of a developer (in accordance with amendments to Federal Law No. 349 of November 30, 2011).
The goal of the members of the housing cooperative is to purchase already rebuilt housing and its further financing for the restoration and maintenance of the building, and the participants of the housing cooperative pay for the actual construction, reconstruction work and maintenance of the house.
The purpose of existence of housing cooperatives is to satisfy the needs of citizens in residential real estate. Members of housing complexes and housing cooperatives independently decide on participation in the construction of a house, its subsequent reconstruction and maintenance (based on paragraphs 2 and 3 of Article 110 of the Housing Code of the Russian Federation “Housing and housing-construction cooperatives”).
At meetings of housing cooperative members, decisions can also be made on:
- selection of the board;
- improvement of the local area and the building itself;
- carrying out minor repairs;
- major repairs, etc.
Developer bankruptcy
The organization of a housing cooperative is also permissible in the event of bankruptcy of the existing developer. This is possible if the participants in shared construction agree to incur additional costs.
In the event that bankruptcy proceedings are initiated against an existing developer, the group of shareholders of an apartment building must decide to create a housing cooperative and apply to the arbitration court with a statement of claim. The document must contain a requirement to repay the existing debt by transferring the unfinished construction project to the housing cooperative.
After receiving the application, the arbitration manager is obliged to explain to the shareholders their rights and obligations that such a decision will entail, and within a period of 2 to six months, hold a meeting, the purpose of which is to find out the opinion of the majority.
The final stage is obtaining a conclusion on the possibility of transferring the unfinished house to the management of a housing construction cooperative or refusing to do so, preparing related documents for the land, preparing a draft decision on creation, drawing up a charter, and selecting a board.
By whom, how and when is the decision to organize a housing cooperative made?
A housing construction cooperative is a voluntary association of persons whose activities are aimed at the construction or renovation of an apartment building. Individuals and legal entities can create a housing cooperative.
The main requirement of the law is age. The founders of the organization must be over 16 years old. In addition, to register a cooperative, it is necessary that there be at least 5 shareholders.
When a citizen is accepted as a co-founder, he is provided with an apartment according to the shares contributed. In other words, disposal of an apartment in a building where there is a housing cooperative is possible only after becoming a member of the organization. Information: but any member of the cooperative receives ownership of the property only after they have paid off their share in full.
A sample decision on organizing a housing cooperative or the minutes of a general meeting will be presented to your attention in one of the following sections of the article.
Terms and requirements
You can create a housing cooperative if the following conditions are met:
- The unfinished property is the property of the developer.
- The land plot on which the construction site is located is owned by the developer.
- Requests for the transfer of residential premises were previously included in the register of creditors of the bankrupt developer.
- The value of an unfinished construction project cannot exceed the value of the general claims of shareholders by more than 5%.
- After the transfer, the debtor must have property left to pay off current payments.
- An unfinished construction project should not be subject to collateral from third parties.
- The final number of residential premises must be sufficient to satisfy the requirements of all construction participants.
How to create: main steps
To create a housing cooperative, you need to go through several stages:
- Agree with residents or shareholders who express a desire to create an organization. The formation of a housing cooperative is possible with the participation of more than 2 people.
- Hold a meeting at which the charter will be adopted - the main document regulating the activities of the formed cooperative.
- Record the progress of the meeting and attach the document to the charter.
- Conduct a vote and decide on the selection of board members.
- Provide a package of documents to the administration for registration of the housing cooperative as a legal entity and management organization.
- Open a bank account in the name of the housing cooperative.
- Start construction work. At the same time, all owners have the right to control their expenses at their own discretion.
- After completion of construction work, each member of the housing cooperative will receive ownership of a property corresponding to the contribution they previously made.
- After this, the formed housing cooperative has the right to assume responsibilities for managing the apartment building.
What documents will be required?
The process of registering a housing construction cooperative is a procedure for registering a legal entity and requires the preparation and provision of the appropriate package of documents:
- The organization's charter must be registered with the Federal Tax Service. Its text must reflect all information about the functioning of the housing cooperative, including the heads of the organization and their terms of reference.
- Information about the management of the organization and members of the cooperative.
- Certificate of location of the legal entity.
- Information about the authorized capital of the cooperative (including previously paid in full and partial share contributions).
- Minutes of the meeting.
- Receipt for payment of state duty in the amount of 4 thousand rubles.
- Power of attorney if documents are submitted by a representative of the chairman of the housing cooperative.
Functions of the initiative group and holding the meeting
The main function of creating an initiative group of a housing construction cooperative is the possibility of holding a meeting at which representatives of the initiative group will be able to speak and propose for discussion the main points of the charter, as well as other issues important for the functioning of the future organization.
After registering a housing cooperative, members of the initiative group most often become members of the board of the created organization, that is, they carry out the most active actions in managing the cooperative. They regulate the activities of housing cooperatives, manage the budget, organize and conduct meetings of members, and also prepare the charter and other documents on the basis of which the organization will operate in the future.
Selecting shareholders and determining the size of the share contribution
Since the main purpose of creating a housing cooperative is construction, establishing the size of the share contribution is a top priority. It is this amount that each of the future members of the housing cooperative will have to deposit into the organization’s current account upon joining it (is it worth joining housing cooperatives?).
At this stage, it is necessary to establish a minimum threshold, after which each of the members of the housing cooperative will be able to count on the provision of real estate upon completion of construction work.
The amount of the share contribution is established based on the cost estimate for 1 square meter of housing and the construction work plan.
Reference! The larger the contribution, the larger the area of the premises a member of the housing cooperative can ultimately count on.
Protocol of the decision on organizing a housing construction association
The minutes of the housing cooperative are an official document that reflects all the key points of the meeting and the voting results on each issue raised at the meeting. His goal:
- Organization of the organization's reporting (everything you need to know about housing cooperatives from submitting reports to inspection by the audit commission of the housing cooperative can be found here).
- Establishment of decisions made at the meeting.
- Reflection of the results of the voting and recording of the number of votes cast.
The document is drawn up by the secretary and must be completed no later than 10 days after the meeting (in accordance with Order of the Ministry of Construction No. 937/pr dated December 25, 2015).
The protocol should include:
- The name of the document being compiled.
- Place and time of the meeting.
- Agenda.
- Voting results.
- Signature of the chairman and secretary of the housing cooperative.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 302-76-94
Development of the charter
This fundamental document should reflect:
- The address of the created organization and its name.
- The purpose of creating a housing cooperative.
- Method of admitting citizens as members of a cooperative.
- Rights and obligations of all owners and board members.
- Basic requirements for members of the cooperative.
- Financial questions.
- Ways to cover losses.
- Responsibility of members of housing cooperatives.
- Rules for expulsion of members.
- Nuances of cooperation.
- Terms of cooperation.
- The procedure for liquidation of a cooperative and its reorganization.
Read about the specifics of joining and leaving the membership of a housing cooperative, as well as the rules for issuing a certificate of payment of a share here.
At the request of the participants, the text of the charter may include items that members of the housing cooperative consider relevant and require discussion.
Important! If one of the owners does not agree with the current version of the charter, the document cannot be signed, and therefore cannot enter into legal force.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 302-76-94
How to register a housing cooperative: step-by-step instructions
After the meeting has been held and the decision to create a housing cooperative has been announced, the organization should be registered.
To do this, the elected chairman of the cooperative must submit the following documents to Rosreestr:
- Application for the creation of a legal entity (form P11001).
- Minutes of the meeting of members of the cooperative.
- Charter (in two copies).
- Bank statements confirming the presence of initial capital.
- Receipt for payment of state duty.
Submitted documents are reviewed and processed by employees of the registration authority within 5 working days. After verification, information about the organization is entered into the Unified State Register of Legal Entities, after which it receives the status of a housing cooperative.
Next, the chairman of the cooperative and his assistants must:
- Make seals and stamps with the symbols of the organization.
- Transfer information about the organization to the Pension Fund and the Social Insurance Fund.
All documents submitted to Rosreestr must contain:
- Full and abbreviated name of housing cooperative.
- Personal data of company managers.
- Duration of powers of board members.
- The purpose of creating a cooperative.
- Address and contact details of the organization.
Important! All documents included in the registration package must be prepared in Russian, and signatures must be notarized.
Creating a structure
What if there is no such structure in the house? It happens that when you want to join a cooperative, you are faced with the fact that this structure does not exist. You can create it yourself with the help of lawyers and specialists in the housing and communal services sector.
Attention! You can turn to already created organizations for help and take from them constituent documents, on the basis of which you will create your own cooperative.
More information about the creation and registration of housing cooperatives can be found in our material.
Final stages
The final stage of creating a housing cooperative is searching for an office to rent, hiring staff, as well as the preparatory work necessary for construction. At the same stage, it is recommended to hold another meeting of members of the housing cooperative, the purpose of which will be:
- Re-familiarization of owners and shareholders with the organization’s charter.
- Announcement of approximate construction dates.
- Announcement of approximate plans for the current year - construction or trust management.
Questions and answers
From what moment is a housing association considered created?
A housing cooperative is recognized as created from the day when data about it is entered into the Unified State Register of Legal Entities (in accordance with paragraph 4 of Article 3 of Federal Law No. 215 “On Housing Savings Cooperatives” dated December 30, 2004). Read about what a housing and savings cooperative is, whether it is profitable and about the specifics of the activities of housing cooperatives.
Who are the founders?
The founders of the housing cooperative are individuals who are members of the housing cooperative. But given the fact that the housing cooperative is a large organization, only members of its board are indicated in the application on form P11001. This is a formal procedure.
Which OKVED code should I indicate when registering?
If the created housing cooperative is an organization created for the purpose of constructing an apartment building and its subsequent management and at the same time registered as a non-profit, it is necessary to indicate the OKVED code number 68.32.1 - “Management of the operation of the housing stock for a fee or on a contractual basis.”
If in the future the housing cooperative will perform other functions, it will be possible to register additional OKVEDs relating to new types of activities.
Creating a housing construction cooperative is one of the ways to take part in organizing the construction of an apartment building and obtain ownership of housing. The registration procedure for such an organization takes place under standard conditions and does not differ from the registration of other legal entities. The main thing is to take into account the nuances of the activity and correctly prepare a package of documents.
What are human rights?
There are basic rights that are reserved for members of such cooperatives:
- to participate in a meeting of potential residents;
- to receive housing in a cooperative house;
- on share;
- it is allowed to move temporary residents into the apartment and rent it out;
- ownership comes after full payment of the share contribution.
Of course, the basic right of any member of a cooperative is the opportunity to obtain home ownership. This right is granted to him after voting at the general meeting. Previously, people could only move in using special orders, but today market relations have eliminated this concept.
Any member of the cooperative who regularly pays dues receives an apartment. From the moment the share contribution is paid in full, the person receives full access to housing. But there are also clauses that allow a member of the cooperative to move into the house without full payment. This should be regulated by the charter, which the housing cooperative will adopt.
What is a share contribution?
These are funds that are contributed towards the cost of housing, which, after construction, a member of the housing cooperative receives ownership of. Until a person fails to pay this fee, the housing is owned by the cooperative.
Let us note that the Housing Code has not established a procedure for making a share contribution by members of the cooperative. This issue is resolved on the basis of the charter - an internal document of the cooperative.
