Rights
Rights of members of the housing cooperative:
- obtaining premises in residential buildings of a cooperative for living with the family, according to the paid share (Article 124 of the Housing Code of the Russian Federation).
- Amounts of share contributions, the right to which is confirmed by a membership book. The right to a share can be owned by several citizens who are joint shareholders (paying the share together).
- Possession of residential premises provided by the housing cooperative as the owner only after full payment of the share contribution.
- Dispose of housing at his own discretion and with the direct consent of family members living with him (make an exchange with other members of the cooperative, as well as citizens living in another locality, if he joins the members of the housing cooperative).
- Voting at the general meeting.
- Opportunity to be elected to the Board of the cooperative.
- Receiving part of the housing cooperative's earnings from entrepreneurial activities.
REFERENCE. In all manipulations with residential premises, the laws of the Russian Federation and the provisions of the cooperative’s Charter must be observed.
- Exit from the housing cooperative at your own discretion.
Family members of a citizen paying share contributions cannot independently use the premises given to the shareholder; they do not have the right to do so. Also, when leaving the cooperative, its former participant loses the right to use housing and, accordingly, his entire family too.
Exception: a family member of a housing cooperative participant contributed part of the share and has the right to dispose of and exchange the premises on an equal basis with him. In case of disagreement, all issues can be resolved in court.
What does housing cooperative management mean?
Managing a residential complex is a huge process that involves a certain number of people whose goal is to create and regulate the normal functioning of the cooperative .
The following main points of cooperative management can be identified::
- Management in relation to a specific object. In the case under consideration, the object is residential and non-residential premises that are part of the cooperative building.
- The subjects of management are all participants interested in the work of the cooperative.
- Management can be carried out if agreement and unity are reached between the participants of the cooperative.
- Efficiency in management. All activities should be aimed only at achieving the set goals.
Thus, the management of a housing cooperative must represent a coherent course of action . As in any other business, compliance with all rules and goals is required. Achieving the desired results is impossible without the united work of the participants of the LCD.
Transfer of unfinished house to construction participants
A very common situation is when a developer, due to financial insolvency, is unable to complete the construction he has begun. Now the arbitration court can make a decision on the transfer of an unfinished construction project to a specialized consumer cooperative created by construction participants. For this purpose, they can register a housing construction cooperative. This scenario is possible during financial recovery, external management, or bankruptcy proceedings.
The claims of construction participants against the developer can be satisfied by transferring the developer’s rights to the unfinished construction project and the land plot to a housing construction cooperative created by these creditors (Article 201.10 of Law No. 127-FZ).
The decision to create a cooperative is made by the general meeting of participants (Article 201.12 of Law No. 127-FZ). The meeting considers the appraiser's report on the value of the developer's rights to the unfinished construction project and the land plot, as well as the conclusion of the arbitration manager, containing information:
- on the degree of readiness of an unfinished construction project;
- about the amount of financing and the time required to complete construction;
- on the amount of funds to be contributed by construction participants to repay the claims of creditors for current payments, the claims of first and second priority creditors and the claims of creditors who are not construction participants for obligations secured by a pledge of the developer’s rights to an unfinished construction project and a land plot.
This is important: the developer’s debts can be repaid either directly by the construction participants or by the cooperative they created, as a third party. Of course, the housing cooperative will make these payments from the contributions of its members. Note that the corresponding write-off of accounts payable from the developer will generate income for him.
True, such a transfer of unfinished construction is possible only if certain conditions are met. In particular, construction participants may undertake obligations to repay current payments and claims of first and second priority creditors, if these amounts do not exceed 20 percent of the value of the developer’s rights to the unfinished construction project and land plot. As we have already noted, the value of these rights is determined by the appraiser.
And even if the developer’s rights to an unfinished construction project and a land plot are mortgaged, construction participants can buy them from the mortgage lenders.
Let us emphasize: the settlement scheme with the transfer of an unfinished house equalizes the rights of all construction participants who have joined the cooperative. In such a situation, the rule about the priority of satisfying their demands does not “work.”
