How to leave the HOA: with one apartment or the whole house, from the board or founders

A homeowners' association is one of the most common forms of managing an apartment building. The members of the partnership are the owners of residential premises in an apartment building.

A real estate owners' association is a concept similar to an HOA, but broader. This may include not only owners of residential property, but also non-residential property (for example, a person owns only land). TSN was created as a separate legal form in 2014.

Membership in the HOA is voluntary. This is a right, not an obligation. Therefore, you can leave the partnership at any time.

How to do it right? Read the article.

What law regulates the exit of one house from the HOA?

Section VI of the Housing Code of the Russian Federation regulates the procedure for creating, rights and obligations of a homeowners' association.

Article 143 of this section prescribes the process for leaving an HOA/TSN. There are 2 ways to terminate membership in the partnership:

• termination of ownership (for example, sale of an apartment);
• submitting an application for withdrawal.

All other methods that may be prescribed in the charter of the partnership are illegal.

Also, the concept of “homeowners’ association” is spelled out in Article 291 of the Civil Code of the Russian Federation. According to this article, the purpose of the HOA is to manage apartment buildings on a non-profit basis. That is, board members do not have the right to derive personal benefit from this activity. It is this violation that most often causes its members to leave the partnership.

What are the consequences of refusing the organization's services?

Leaving the association terminates the responsibilities associated with the resident's membership in the organization. In particular, the obligation to pay membership fees and the right to participate in the general meeting and participate in decision-making are terminated.

All rights and obligations relating to the property remain after this action. The former member of the partnership retains the right to receive information from the board of directors about its activities (minutes of meetings, accounting reports, conclusions of the audit commission, etc.).

At the same time, the owner of the premises will no longer be able to influence the decision-making of the general meeting in any way from the moment he leaves the organization. There are no negative consequences of exiting.

For the homeowners association itself, a single refusal of membership in it only means the absence of membership fees. A massive withdrawal of members from the organization threatens its complete dissolution, since according to the law it is subject to liquidation when less than 50% of the owners of apartment buildings remain in it.

How to refuse an HOA

Article 148 of the Housing Code of the Russian Federation describes the responsibilities of the HOA board:

• comply with the charter of the partnership;
• maintain documentation (accounting, tax, register of members);
• manage apartment buildings or enter into management contracts;
• hire workers to conduct business activities (for example, cleaning common areas, minor repairs);
• enter into agreements with organizations supplying utility services in order to provide the home with energy resources;
• inform HOA members about the results of activities at general meetings.

Failure to fulfill or improper fulfillment of obligations gives the owners of premises the right to refuse the HOA.

Article 162 of the Housing Code of the Russian Federation gives the owners the right to terminate the agreement on the management of apartment buildings unilaterally.

Residents of an apartment building

Refusal from the HOA/TSN occurs in writing.

First, you can try to negotiate peacefully. A complaint is written addressed to the chairman. It describes what aspects of management of apartment buildings residents do not agree with.

If the board does not provide an answer or subsequently does not fulfill its promises, then the owners have the right to leave the HOA together with the entire house.

To do this, a general meeting of homeowners is held. There, by voting, the owners decide on the issue of abandoning the HOA.

If the owners of more than 50% of the house's area vote in favor, then the partnership is liquidated.

However, it is necessary to resolve the issue of a new way of managing the house here. That is, you cannot simply leave the entire house (or more than half of the residents) from the partnership. Within one month, you must choose a new form of management:

• enter into an agreement with the management company;
• create a housing office or a housing construction cooperative;
• form a separate HOA if there was previously a multi-house partnership;
• move to self-government.

After the general meeting, the HOA carries out the liquidation procedure: closes accounts, terminates contracts with energy suppliers and transfers all documentation to the liquidation commission or directly to the owners.

One apartment, one owner

The procedure for this exit is similar to the above, but much simpler. That is, the liquidation of the partnership does not occur.

The owner simply writes a statement addressed to the chairman of the board, in which he notifies of his resignation from the membership of the HOA.

Please note that if there are several owners in the apartment, then the exit of one from the partnership does not affect the membership of the others. Or each owner must write a statement.

What can lead to the withdrawal of a member from the HOA?

The worst consequence for the HOA will be its liquidation. But this outcome can only be achieved if, after one of the members leaves the HOA, less than 50% of the votes of the total number of owners of premises in the apartment building remain.

In this case, the general meeting of owners of premises in the apartment building is obliged to make a decision on the liquidation of the HOA, in accordance with Part 2 of Art. 141 Housing Code of the Russian Federation.

HOA managers often wonder whether it is necessary to submit information to the GZHI if several members have left the HOA in a month. No no need. In this case, all data must be entered into the register of HOA members and, in accordance with clause 9 of Art. 138 of the Housing Code of the Russian Federation, a copy of the register of HOA members should be submitted to the GZhN body during the 1st quarter of the current year.

Reasons and reasons for leaving

The reasons for leaving the HOA can be different. But the most common ones are:

• improper management of common property;
• improper distribution of funds received from payment of membership fees;
• the HOA board has lost the trust of the owners;
• fees for housing and communal services are increased;
• changing the form of management of multi-unit apartment buildings.

If an individual owner wants to exit, saving money may also be the reason. After all, you will no longer have to pay membership fees. And every family has a different financial situation.

Possibility and conditions

Leaving the HOA of an apartment building involves some consequences and compliance with conditions. At the same time, it is also important to understand that the owner needs to write a statement, send it to the board of the HOA, that is, follow the established procedure. It is possible to leave the HOA with several options in terms of determining the subjects of such a procedure, which will directly or indirectly affect the entire procedure as a whole.

HOA boards extend their action to several houses; they exist in every city and every district where the application will be sent.

The main thing to understand is that several cases are allowed in which you can leave the partnership in question, and such cases are determined depending on the subjects:

1. Entire house exit. In this case, all existing owners reach an agreement, contact the HOA board and write a letter of resignation; this option is the simplest and fastest.
2. Exit one apartment. In such a situation, residents of specific residential areas try to terminate their membership, which is possible, but implies some specific procedure.
3. Exit of a specific owner. An option is allowed when only one of the owners of the apartment wants to terminate ties with a certain partnership.

The most common option is just one apartment, which raises the most questions among owners.

Since an HOA is an association of owners, there must be a Charter of such a partnership. It is this document that primarily prescribes the procedure for the exit of one of the members.

In order to leave the HOA, and every owner has this right, it is important to have certain grounds, the entire list of which can also be enshrined in the law and in the Charter of the partnership:

• the policy for distributing money in the partnership does not suit the owners and there is a specific justification for this;
• the owners express obvious distrust in the board members of the partnership;
• another company was found that offers the most favorable conditions for owners;
• the owners decided that it was necessary to change the very form of organization in the company that manages the house and is responsible for solving housing issues;
• The partnership, by its actions, has lost any trust on the part of the apartment owners.

All the proposed grounds are very vague in nature, since in each individual case there may be different reasons why one or another owner, a separate apartment or even the entire building decided to change the partnership, which could be relied upon in the management of an apartment building.

In addition, in order to carry out the procedure for leaving the HOA, it is necessary that the owner meet a number of conditions, which are also set out in the Charter of the association:

• you need to make sure that there are no debts, and if there are unpaid bills, then pay them;
• draw up an application and send it to the appropriate board of the HOA; without this paper the procedure will not begin.

That is, there are no restrictions on leaving the association in question; the main thing is to pay off all debts, if any. Accordingly, when one of the owners has a debt, and the exit is carried out by the entire apartment, then it will be impossible to carry out the procedure without full repayment.

We recommend that you read:

Owner's agreement with HOA

How to leave the HOA - step by step procedure

The step-by-step instructions are as follows:

• Try to reach an agreement peacefully - express your complaints to the chairman, try to find a solution to the problems.
• If negotiations are unsuccessful, then begin the process.
• First, pay off all debts for utilities and membership fees.
• Request a quitclaim form from the HOA. If they don’t provide it, write it yourself by hand, or download it from the Internet.
• Complete the application in two copies - leave one with the HOA, and ask for a note about acceptance on the other. Alternatively, the application can be sent by registered mail.
• If you have no outstanding payments, then within a week the HOA must issue an order to expel you from the membership of this organization.
• Since the date of writing the application is the date of withdrawal from the owners’ association, then, starting from this day, you will no longer pay membership fees.

Processing times and costs

The average time for consideration of an application to leave an organization or its complete liquidation is 7 days.
However, if the company tries to remove this statement or by any other means avoid its closure, it may be necessary to apply to the court with a corresponding request. The deadline for completing the task will be increased. The operation is free of charge. You will only need money for organizational issues. Such as purchasing an envelope and the cost of sending the application to the specified address.

Required documents

In addition to the application itself, you must provide copies of the following documents:

• passports;
• title documents for the apartment;
• technical documentation for residential premises;
• a certificate confirming the absence of debts for housing and communal services, payments for major repairs and membership fees.

Application for resignation, sample and rules for drawing up

The application is written by hand or printed on a computer.

The style of address is formal and businesslike. The essence of the appeal is briefly stated without any lyrical digressions or descriptions of personal complaints against members of the board.

Remember that in the application you are not asking permission to leave the partnership, but are informing them of the decision. You have every right to do this.

The text itself consists of three parts:

1. Cap - the full name of the partnership and postal address, your last name, first name, patronymic and address of the living space.
2. The main part is the word “statement” is written in the middle, you inform about the decision to leave the housing association, the reason for leaving (you don’t have to write it, only if you wish), you assure that you have no claims or outstanding debts.
3. Conclusion - under the main text, put a date and sign.

The link provides a sample application. At your discretion, you can remove the reasons for your appeal from it.

After the order for your exit is issued, you must enter into an agreement to pay for energy resources. Because it is still necessary to pay for gas, heating, electricity, and major repairs.

You draw up this agreement either with the same HOA, or directly with resource supply organizations.

Minutes of the meeting on leaving the HOA, drafting and sample

Strict requirements are imposed on the minutes of the general meeting on the withdrawal of the entire house (or more than half of the owners) from the HOA.

First, the chairman of the general meeting and the secretary are elected. Their full name indicated in the protocol.

Next is the number of people present. But not just by the number of owners, but by indicating the square meters they own.

A quorum must be reached, that is, the owners of more than 50% of the living space of the house must take part in the voting.

Next comes the agenda, which should include the following issues:

• election of the chairman and secretary of the meeting;
• the issue of liquidation of the HOA;
• election of a liquidator or liquidation commission.

Voting for each issue is carried out separately. The number of people voting “for” and “against” is recorded.

At the end, the chairman of the meeting and the secretary put their signatures.

Sample of drawing up minutes of a general meeting. ⇐

Within three days after the decision to liquidate the HOA is made, send a notification about this to the local tax office.

The notification is filled out according to form No. P15001, approved by order of the Federal Tax Service dated January 25, 2012 No. ММВ-7-6/ [email protected] Download the notification form from this link.

Based on this notification, a corresponding note is made in the Unified State Register of Legal Entities (USRLE).

Within a month, while the liquidation procedure is underway, the owners must organize another general meeting. It resolves the issue of another form of management of the apartment building, or creates a new HOA.

The concept of HOA and management company, what is the difference

In accordance with paragraph 2 of Art. 161 of the Housing Code of the Russian Federation, owners of an apartment building can, at their request, choose one of the following schemes for managing common property:

• independent performance of this function by the residents themselves (however, in this case the number of apartments should not exceed 30);
• creation of a homeowners' association (HOA);
• involvement of a third-party management company (MC).

So, for many multi-storey buildings, the last two options are especially relevant, namely: creating an HOA or attracting a management company.

Typically, a HOA (housing cooperative, TSN) means a non-profit legal entity created by uniting the owners of apartments in a residential building to manage property that is in common shared ownership.

A management company is a commercial organization that provides paid services for managing the common property of residents of an apartment building. At the same time, it carries out its activities on the basis of a trust management agreement.

In order to clearly see the difference between these two control options, their main characteristics can be reflected in the form of a table.

As can be seen from the table presented, there is a fundamental difference between the management company and the HOA. Moreover, each of these forms has its own pros and cons.

How to change the HOA to a management company



In paragraph 3 of Article 161 of the Housing Code of the Russian Federation it is written that the owners of apartment buildings have the right at any time to change the method of managing common property and transfer these powers to another organization.

Thus, one of the significant disadvantages of HOAs is that residents need to regularly attend general meetings and make decisions on issues that sometimes require special training, experience and knowledge. Often this circumstance brings a lot of inconvenience, so the owners of some apartment buildings decide to change the method of home management and switch to a management company.

So, the change from HOA to UK is made on the basis of a decision made by all residents at the meeting. It is mandatory for all residents of the house.

Pros and cons of management company

Like any other option for managing the common property of apartment owners, a management company also has a number of advantages and disadvantages.

So, the main advantages of this method include:

• the house is managed by a team of multidisciplinary specialists who have a sufficient level of training in various housing and communal services issues;
• the presence of a developed material and technical base;
• The management company regularly monitors changes in housing legislation and responds to them in a timely manner;
• the management company is a priority participant in various government programs related to the housing and communal services sector (reimbursement of costs associated with major repairs, construction of specialized areas for children's games, etc.);
• Management companies can easily be held accountable, since the activities of these organizations are controlled by Rospotrebnadzor, the Housing Inspectorate and many other supervisory authorities;
• ensuring quality management with planning improvements for the long term, etc.

At the same time, the main disadvantages of this MKD control scheme include the following:

• Often, it is not easy for residents to control the activities of the management company, including the expenditure of targeted funds;
• in the event of termination of the contract, painful adaptation to the new form of government occurs;
• often representatives of management companies begin to take advantage of their position and improperly maintain the house;
• the complex legal nature of the trust management agreement (it contains many legal nuances and subtleties that should be taken into account when concluding such an agreement).

Is it necessary to liquidate the HOA when changing the form of house management?

It is worth noting that the current legislation does not stipulate a mandatory condition that if another method of managing an apartment building is chosen, the homeowners association must be liquidated. It follows that this issue remains at the discretion of the apartment owners. However, in practice, if residents leave the HOA, they liquidate it. This is also carried out on the basis of a decision adopted at the general meeting.

This is important to know: Is it possible by law to fence the adjacent territory of an apartment building?

Change procedure step by step

In general, the procedure for changing an HOA to a management company involves step-by-step implementation of the following actions:

1. First of all, the initiator organizes a meeting of all other residents of the house.
2. At a meeting of homeowners, a vote is taken to choose a new form of management of common property. This procedure must comply with the rules prescribed in Article 48 of the RF Housing Code.
3. The decision made by the apartment owners is documented in a special protocol. In this case, all residents of the building must be notified of the voting results, including those who were not present at the general meeting.
4. Further, within 3 working days from the date of the decision to change the management option for the apartment building, the owner’s association must transfer technical documentation for the house, keys to common premises, as well as access codes to electronic equipment (clause 3.1 of Article 161 of the Housing Code of the Russian Federation). All this can be given:

• a representative of the management company to which the reins of management were transferred;
• any owner of an apartment building.

1. After this, a trust management agreement is concluded with the management company, within the framework of which it is obliged to perform the functions of servicing and maintaining the common property of the residents.

It is worth keeping in mind that if within 6 months (this period is calculated from the moment the decision is made) the owners do not choose a management company, then the local government will do this by holding an open competition to select a suitable organization (clause 4 of Article 161 of the Housing Code of the Russian Federation) .

What are the consequences of leaving the HOA?

There will be no negative consequences of leaving. It is possible that relations with some neighbors will only deteriorate, since the size of their membership fees may be increased due to a decrease in the number of members of the partnership.

Also, among the negative aspects, it should be noted that you lose the opportunity to resolve issues of managing common property.

The positives include the following:

• access to all documentation is maintained, including financial reports (Article 143-1 of the Housing Code of the Russian Federation);
• Free time is freed up, which was previously spent attending HOA meetings;
• save money as you pay more in membership fees.

When using this material, reference to the source is required © “Chairman of the HOA”

Published in the magazine “Chairman of the HOA” No. 6(140)2019

Author Marina Parkhacheva

EXIT OF MKD FROM THE “MULTI-HOUSE” HOA

The article, based on judicial practice, examines the necessary actions of homeowners in an apartment building that has left a “multi-house” HOA, depending on their further expression of will.

Currently, the owners of premises/members of the HOA of a “multi-house” partnership, dissatisfied with its activities, can leave the HOA and choose their own method of management. According to the general rule established in Part 2 of Art. 141 of the Housing Code of the Russian Federation, the HOA must be liquidated if the members of the partnership do not have more than 50% of the votes of the total number of votes of the owners. This rule corresponds to a similar norm in relation to each apartment building that is part of a multi-household association, which leads not to the liquidation of the partnership, but to withdrawal from it.

Termination of membership in the HOA of a residential building

According to Part 6 of Art. 143 of the Housing Code of the Russian Federation, membership in the partnership is terminated by force of law if, in connection with the filing of an application to leave the HOA members in one of the apartment buildings in which this person is the owner of the premises, the remaining members of the HOA will have less than 50% of the votes of the total number of votes of the owners premises in this house. In fact, we are talking about the automatic withdrawal of one of the houses from the partnership if the number of votes of HOA members becomes less than 50%. This may be due to two reasons:

— owners of premises in apartment buildings do not want to leave the HOA, but the number of HOA members, due to an oversight by the HOA management bodies, has become less than 50%;

— the owners of premises in an apartment building want to leave the partnership by submitting applications from the HOA members to leave the partnership and change the method of management.

In the first case, we can talk about an error by the HOA Board, which by force of law is charged with maintaining a register of HOA members (Clause 7, Article 148 of the Housing Code of the Russian Federation), moreover, in a “multi-house” partnership, taking into account the rule on the possible termination of membership in the HOA of any from MKD - for each house separately.

In a multi-house HOA, the number of HOA members must be tracked in each house separately.

In order to prevent the case of “involuntary” loss of rights to service any of the houses, governing bodies should monitor each case of owners leaving the HOA members. As soon as the number of votes of HOA members in an apartment building approaches 50%, measures must be taken to attract the owners of premises in this building to become members of the HOA, including explanations of the consequences of their non-participation in the management of the HOA.

On the other hand, this provision makes it easier for the owners of apartment building premises to leave a “multi-house” HOA within the framework of their right to change the way the house is managed at any time (for example, if they are not satisfied with the service and their rights are systematically violated) by massively submitting applications to leave the HOA members . In this case, you should pay attention to the presence of evidence that the votes of the HOA members have indeed become less than 50% of the votes of all owners, especially if the association does not want to stop servicing the house.

Thus, the court may consider that the absence of marks on applications for leaving the HOA members indicating that they were submitted to the HOA does not provide grounds for concluding that membership in the association of owners of MKD premises is terminated (Resolution 5 of the AAC dated January 18, 2018 in case No. A59-6141/2015 ).

In another case, the chairman of the HOA, having received statements from HOA members about leaving the partnership, returned them “due to the impossibility of identification.” The court considered such actions an excuse and recognized that from the moment the chairman of the HOA received statements of resignation, their membership in this HOA was terminated (appeal ruling of the Rostov Regional Court dated May 16, 2016 in case No. 33-7790/2016).

The Dimitrovograd City Court of the Ulyanovsk Region (decision dated July 4, 2016 in case No. 2-2442/2016) was forced to consider the case of recognizing the apartment building as having withdrawn from the HOA in order to exclude the owners of the residential premises of this house from the register of members of the partnership. Residents of the building went to court due to the fact that the chairman of the HOA refused to accept mass applications to leave the partnership. The court satisfied their demands, since the residents provided evidence that, firstly, they sent applications by mail (although they were not received by the chairman of the HOA and were returned after the expiration of the storage period), and secondly, such applications were written by more than half of the owners of premises in the apartment building (despite the fact that the HOA did not maintain a register of HOA members, allowing identification of members of the partnership, and was not presented to the court).

If the membership in a “multi-house” HOA of the owners of the premises of one of the apartment buildings is terminated, the result will be the same: the partnership must stop servicing the apartment building, and the owners of its premises must choose a method of management in this building.

Consequences of termination of membership in the HOA

After the termination of membership in the HOA in one of the apartment buildings, the “multi-house” HOA loses the right to decide on the management of this house, i.e. its management powers are ending, therefore the partnership should stop servicing the MKD and make changes to the Charter or be liquidated if all the servicing MKD have ceased membership in the partnership. Since the house cannot be outside the management regime, the owners of premises in a “retired” apartment building are obliged to choose and implement one of the possible management methods provided for by the Housing Code of the Russian Federation by voting at a general meeting. At the same time, changing the method of managing apartment buildings is the exclusive right of the residents of each house and the consent of the HOA members living in other houses and being part of the “multi-house” HOA is not required. In addition, “the rules of law do not contain any indication of the need to hold in this case any general meeting of HOA members on this issue” (appeal ruling of the Moscow City Court dated October 16, 2017 in case No. 33-42577/2017).

Please note that the inaction of premises owners in choosing a management method after losing membership in the HOA necessitates the intervention of local governments, which are obliged to take action to organize and conduct a competition to select a management organization to manage the apartment building (Part 4 of Article 161 of the Housing Code of the Russian Federation).

In particular, a competition is held if the owners of premises in an apartment building did not hold a general meeting on the issue of choosing a method of managing the house or a decision on choosing a method of managing an apartment building was not made (clause 3 of the Decree of the Government of the Russian Federation dated 02/06/2006 No. 75). The fact that these provisions also apply in the case where the previously chosen method of managing an apartment building is terminated due to the termination of membership of all members of the HOA of this house by virtue of Part 6 of Art. 143 of the Housing Code of the Russian Federation, as indicated by the Supreme Court of the Russian Federation (determination dated December 11, 2017 No. 302-ES17-19291). According to the court, the actions of the city administration in organizing and holding a competition to select a management organization for the apartment building are in accordance with the law, if after the termination of membership in the HOA, the owners of the premises did not take action to convene a general meeting and choose a method of management.

If there are more than 30 apartments in an apartment building, the choice of management method is limited - a management company or a new HOA. And this is where the fun begins.

If the management method of the management company is chosen

If the owners of an apartment building that has ceased membership in the HOA decide to involve a management company (without creating a new legal entity), it is very easy to say goodbye to the “multi-house” partnership. At the general meeting of premises owners, the issue of changing the management method and concluding an agreement with the management company, which begins management from the date of making changes to the register of licenses of a constituent entity of the Russian Federation in connection with the conclusion of a house management agreement (Part 7 of Article 162 of the Housing Code of the Russian Federation), is resolved. At the same time, other issues are resolved at the meeting, in particular, the election of the MKD council and its chairman, approval of fees for residential premises, etc.

In turn, the previously created HOA continues to function and manage other apartment buildings included in the “multi-house” HOA.

An interesting situation was considered by the Moscow City Court (ruling dated March 20, 2019 N 4g-2752/2019), when all three houses that were part of a “multi-house” HOA immediately terminated their membership in the partnership and elected management of the management company by voting. The court of first instance decided that at the time of voting, the management of the house was carried out by the HOA, whose activities were not terminated through liquidation, i.e. In fact, MKDs are managed by two management organizations. Therefore, when voting on the choice of a new management method, it is necessary to decide the fate of the HOA, i.e. make a decision on its liquidation. However, the courts of appeal and cassation indicated that in the situation under consideration, the law does not contain an obligation to liquidate the HOA, especially since such a decision, according to the Charter, is made by the members of the HOA, which are no longer the owners of the premises in the apartment building. Therefore, the liquidation of an HOA must be carried out according to the norms of the Civil Code of the Russian Federation. A completely different picture emerges if the owners of the premises voted for the creation of a new HOA.

If the HOA management method is chosen

If the owners of premises in an apartment building have decided to choose a method of managing an HOA, in fact we are talking about creating a new partnership (legal entity), but it will not be possible to say goodbye to a “multi-house” HOA as easily as when choosing a management company. To do this, it is necessary to carry out a reorganization by separating a new partnership from the existing HOA, transferring part of the rights and obligations to the newly created partnership. The conclusion is that the establishment of a new HOA (as part of the termination of membership in the “multi-house” HOA of one of the apartment buildings) is possible only through reorganization in the form of separation from the existing partnership with the drawing up of a transfer act reflecting the transfer of part of the rights and obligations of the previously created legal entity to the newly created one legal entity, made in the decision of the Supreme Court of the Russian Federation dated July 17, 2018 No. 310-KG18-8064. More detailed explanations on this case are given in the lower courts. In particular, the AS of the Central District (resolution dated February 22, 2018 in case No. A54-5774/2016) concluded that after the termination of membership in the HOA of one of the houses, the owners of the premises, who decided to choose the method of managing the HOA, actually intended to maintain the previous a way to manage a residential building, while creating a new legal entity. With such a choice, the norms of the Housing Code of the Russian Federation on the reorganization of an existing partnership should be applied. Therefore, at the meeting to select a management method, the issues of creating a new HOA through reorganization must be additionally resolved (on reorganization in the form of separation, on approval of the reorganization procedure, on approval of the separation balance sheet and transfer act).

In the case under consideration, these features were not taken into account; the owners tried to create a new HOA without reorganization, but were refused state registration due to the fact that the partnership had already been registered at the specified address, had not ceased its activities or been reorganized, and the applicants did not presented the decision of the general meeting of apartment building owners to separate the partnership from the “multi-house” HOA. Courts of all instances considered such a refusal to be lawful.

As we can see, leaving a multi-householding association by creating a new homeowners association entails the obligation to carry out the reorganization procedure, while the choice of a management method for the management company does not provide for such an obligation.

Tags:
• Marina Parkhacheva
• multi-house HOA

How to resign as HOA chairmen, step by step procedure

The position of chairman in a homeowners association is elective. The term of office is determined by the charter and should not exceed 2 years. But you can leave your post for personal reasons earlier.

Since the HOA is a non-profit organization, the chairman is not paid, and no entry is made in the work book.

According to Article 145 of the Housing Code of the Russian Federation, the decision on the election and resignation of members of the HOA board and its chairman is made by the general meeting of owners.

There are 2 ways to resign from the position of chairman:

1. After the expiration of the term of office, do not nominate your candidacy for new elections.
2. In case of early resignation from a position, either at their own request or on the initiative of residents, a general meeting is held. The election of a new chairman takes place there.

But until a successor to the position is found, the duties must be fulfilled in full. And then - transfer all matters and documentation to the new chairman.

How to remove a management company and create an HOA

Often, residents of apartment buildings decide to refuse the services of a management company and create an HOA. The reasons for this can be very different, ranging from misuse of common funds to improper fulfillment of one’s direct responsibilities for the maintenance of shared property and areas of the house.

In this case, the decision is also made at a general meeting of all residents of the house. After that, the results are documented in the appropriate protocol, on the basis of which further actions are taken.

HOA - pros and cons

The main advantages of creating a partnership include:

• apartment owners have the opportunity to influence the chosen management model, since most decisions are made at the meeting by voting;
• reduction of general household expenses through the use of additional sources of financing. According to current legislation, the HOA has the right to conduct commercial activities and use the income received to satisfy its needs;
• ensuring constant control over the process of managing the common property of apartment buildings;
• As practice shows, home maintenance is performed at a higher level, since the HOA is interested in its improvement.

However, a number of disadvantages characteristic of this form of residential building management cannot be ignored. We are talking about the following disadvantages of HOAs:

• higher fees are charged for maintaining the home. In this case, we are talking about additional fees that are organized by the residents of the house for its improvement. Not all apartment owners are happy with this situation;
• constant disagreements between residents and lack of coordination of actions;
• If there is a person in a residential building who has large debts on utility bills, his debt will be compensated by all other payers.

The procedure for transferring from a management company to a HOA

In order to replace the management company with a HOA, the following steps must be performed sequentially:

1. First, at the general meeting, a decision is made to refuse the services provided by the management company and switch to a form of management with the help of an HOA.
2. Further, on the basis of the decision made, the trust management agreement previously concluded with the Criminal Code is terminated (clause 8.2 of Article 162 of the Housing Code of the Russian Federation).
3. The next step will be to create an apartment owners association and register it in the prescribed manner.

The procedure for creating an HOA step by step

The instructions for creating a HOA have a specific algorithm of actions. You need to take the following steps:

1. Initially, an initiative group consisting of home owners must be created, which will deal with all the formalities.
2. Next, the initiators contact the local administration with an application to take the following actions:

• providing a list of all apartments in a particular building;
• approval of the candidacy of a representative from the district, who must be present at the meeting of residents to establish a quorum.

1. Preparation for the meeting - you need to develop a charter for the future HOA in order to immediately approve it, prepare voting sheets, etc.
2. Holding a general meeting of apartment building residents - at it the issue related to the choice of a new option for managing the house should be finally resolved, and the developed draft charter of the HOA should be adopted.
3. Registration of the partnership with the registration authority.
4. Opening a bank account, as well as sending a notice of the creation of an HOA to all regulatory authorities (Housing Inspectorate, local administration, etc.).

After all these actions, the form of management of the common property of the house is considered officially changed.

How to leave the founders of an HOA, procedure

In general, the founders of the HOA are the owners of residential premises in apartment buildings. And they elect members of the board from among themselves.

The term of office of board members is up to 2 years. After this, the board is re-elected for a new term, or elections for a new board are held.

If one of the board members wants to leave the founders ahead of schedule, then actions similar to the sole withdrawal of the owner from the HOA are taken:

• a statement is written;
• Utilities and membership fees are paid;
• a package of documents is attached;
• An order to leave is issued within a week.

The difference will be that the application is written to the chairman. The name of a possible candidate for the position is also indicated (the latter is optional, it is done orally).

In conclusion, it should be noted that leaving a homeowners association is not for life. The law does not prohibit joining it again after some time. But before you do this, you need to think carefully. There is no need to go through the procedure of entering and leaving the HOA/TSN countless times.

Is it possible to do this?

Each owner has the right to decide for himself whether or not to participate in the creation of an HOA . Since this action is voluntary, no one or anything can restrict leaving the HOA. In this case, it is important to follow the exit sequence.

The Housing Code of the Russian Federation is the main legal act that regulates all phases of the formation and operation of any homeowners’ association.

IMPORTANT! The possibility of such a decision and its freedom are enshrined in paragraph 3 of Article 143 of the Housing Code of the Russian Federation. There are no restrictions in the law on the possibility of becoming a participant in the same partnership in the future.

To intend to create an HOA, the presence of absolutely all residents is not necessary, as is the case for making other decisions. More than half of the apartments will be quite enough. Based on this, you can leave the HOA with one apartment.

After leaving, you must enter into an agreement to receive utilities.

Exit is possible only in two circumstances:

1. Upon liquidation of the organization.
2. When reorganizing in the form of division, according to Article 140 of the Housing Code of the Russian Federation (how the reorganization of HOAs is carried out and what types there are, we described here).

Exit and creation of a new HOA

Art. 136 of the RF Housing Code indicates that the creation of two HOAs in one house is unacceptable. The solution is to join the MKD to an already operating non-profit structure. But even after choosing it, you will still have to take steps to create an association of owners in your home.

The algorithm includes several main steps:

1. Formation of a homeowners association.
2. A meeting is held that the owners of the two houses must attend. By the way, residents of the second house have the right to refuse the merger.
3. Formation of the association.
4. Formation of a new charter and estimate documents.

Since an HOA formed from scratch requires a mandatory registration procedure, it is necessary to ensure that the application and constituent documents are transferred to the Federal Tax Service, including in the package of papers the corresponding decision adopted at the meeting, as well as a receipt for payment of the state fee of 4,000 rubles.

Rights and responsibilities of citizens

In relation to the apartment

Attention!
The owner has the right to own, use and dispose of the residential premises belonging to him at his own discretion. He can provide an apartment for rent to another person for use. And also conclude a free residence agreement with him, but this use should not infringe on the interests of other citizens.

In addition to rights, the owner is obliged to comply with the necessary living conditions in the premises. He needs to maintain the living space in which he lives in proper condition. He must respect the rights and legitimate interests of his neighbors and follow the rules for the use of apartment premises. In addition, the owner is forced to bear the costs of maintaining common property and premises.

On our website you will find other information about the activities of the HOA and you will be able to find out how it differs from the management company and the housing cooperative, as well as what the HOA association is.

In relation to non-residential premises

Participation in a partnership organized in a house gives the right not only to attend the meeting, but also to make various decisions, for example, regarding non-residential premises. It is the members of the HOA who determine the need for a concierge rate, or what cosmetic repairs need to be done in the lobby, corridor or stairwell. And this directly affects the market value of apartments in this building.

Considering the fact that it is the association that manages the premises for collective use, the tenants, with its support, decide how to use the attic or basement of their home. And the registration of the adjacent territory for the partnership will allow organizing not only car parking, but also a children's playground.

Reference. In addition to the contributions made, government subsidies can also be a source of income for the partnership.

To do this, participants should remember that the municipal authorities, who are the owners of non-privatized apartments in the building, are also obliged to cover the costs of maintaining housing, and in case of refusal, the HOA has the right to forcibly recover part of the fees.

And also in accordance with Art. 153 of the Civil Code of the Russian Federation, a partnership may initiate the construction of additional structures with further extraction of income from them. For example, it is allowed, after obtaining all permits, to attach a store or cafe to a residential building and rent it out: it is quite possible that these payments will cover most of the collective expenses.

The owner of a private enterprise located on the territory of the house, regardless of membership in the partnership, is obliged to bear utility costs and spend money on maintaining common amenities in proper condition. In this case, an important point is what is meant by the costs of maintaining common property.

This clarification is due to Art. 210 of the Civil Code of the Russian Federation, which states that the owner of the property bears the burden of maintaining the premises and property located in it, unless otherwise specified in the HOA agreement.

In addition, according to Art. 39 of the Housing Code of the Russian Federation, owners of uninhabited premises are required to bear the costs of maintaining collective property in an apartment building. They are determined by shared participation in the right of common ownership.

Withdrawal from the partnership and transition to self-government

Direct management of the house is regulated by Federal Law No. 123 dated 06/04/2011. Based on an agreement for the provision of services and performance of work related to the maintenance and repair of common property, one party (MC), on the instructions of the other party (premises owners), is obliged to provide services within the period specified in the document. Agreements are concluded on behalf of each owner on his own behalf (Federal Law No. 417 of December 7, 2011). In the process of making the most important decisions, the regulation of issues is carried out by a responsible authorized person who has a power of attorney issued by the majority of the owners. To switch to this form of government, it is necessary to either liquidate the HOA or reorganize it.

Algorithm of actions for one owner

Let’s first figure out how you can leave the HOA with one apartment:

• pay off debts to the partnership;
• pay all utility bills for the period preceding the exit;
• write a letter of resignation;
• send it to the department as a registered letter or bring it in person.

If you decide to give the letter to the board yourself, it must be in two copies. One of them will be accepted by the board, about which the partnership employee will put a mark, date and application number on his form, this copy remains with the owner leaving the HOA. The tenant himself must fulfill this condition. So that there is no situation with the sudden loss of the application.

In fact, after submitting the application, the owner of the apartment ceases to be a member of the organization. The subsequent meeting of residents with a decision to exclude him from the partnership is just a formality. Now the owner needs to enter into an agreement with the HOA on the provision of its utilities, maintenance and form of payment.

At the same time, you should be extremely careful and read all the clauses so as not to sign an agreement to pay for security and other things that only participants pay for. You should also be prepared for the fact that the decision to leave the partnership will meet with misunderstanding and negative reaction from the rest of its members.