Step-by-step instructions on how to create an HOA in 2021 - the best in Russia, sample documents.

The state stops maintaining apartment buildings from the moment the majority of apartments are transferred into ownership to citizens through privatization or given the opportunity to buy them from the developer.

At the same time, residents are given the opportunity to choose how to manage the operation of the house:

1. Create a homeowners association;
2. With the help of the management company;
3. Manage your home directly.

Let's take a closer look at the first option for managing the house.

What is an HOA?

A homeowners' association (HOA) is a form of management of a residential apartment building, the apartments of which are privately owned. The concept of “house management” includes maintenance, operation, repair and provision of utilities. Is a non-profit organization. The concept is given in more detail in Article 135 of the RF Housing Code.

A management model such as an HOA has one big advantage - apartment owners themselves decide all issues of the building in which they live. The goals of the partnership are:

• maintaining an apartment building or group of buildings in good technical and proper sanitary condition;
• joint ownership, use, disposal and management of common property;
• receiving profit and directing it to necessary needs.

Registration deadlines

For new housing, the developer creates a partnership before title to the property is registered. After shareholders have such a right to living space, they, as owners, can change the charter of the HOA and hold re-elections of the board.

For secondary housing, an HOA can be organized at any time, provided the residents have ownership rights.

The deadline for registering a partnership as a legal entity in both cases is 5 working days from the date of receipt of documents by the Federal Tax Service.

Rights and obligations of the HOA

The Housing Code of the Russian Federation contains an entire section devoted to such a form of housing stock management as HOAs. Article 137 of the RF Housing Code provides for the rights of a partnership:

• concluding an agreement with residents on the management of the house, its maintenance, repairs, etc.;
• planning of income and expenses;
• calculation of necessary payments and contributions;
• provision of services to apartment owners;
• use of bank loans under certain conditions;
• payment for work and services of contractors;
• disposal of partnership property (sale, exchange and transfer for temporary use);
• provision or receipt for use of part of the common property, as well as its reconstruction;
• concluding other transactions and performing actions that meet the goals and objectives of the partnership;
• compensation for losses caused as a result of non-payment by owners of mandatory payments and other expenses.

In accordance with Article 138 of the Housing Code of the Russian Federation, the partnership is obliged to:

• manage the house in accordance with the charter and current legislation;
• fulfill the obligations stipulated by the contract for the management of common property;
• keep the apartment building and its communications clean and in good order;
• control that residents, in accordance with their shares, fulfill their responsibilities related to the maintenance and repair of premises;
• maintain a register of partnership members, respect their rights and legitimate interests;
• represent the interests of all HOA participants in any civil law relations.

Legislative regulations

The legislation provides the best possible coverage of the aspect of registering a partnership under the law. Since all issues related to the housing sector are under the jurisdiction of the Housing Code, registration issues should also be looked for there, or rather, answers to questions from owners.

Thus, Article 136 of the Housing Code tells us not only about the main stages of creating a partnership, but also states exactly how this procedure should take place.

According to this article, completing the registration procedure is mandatory at the initial stage of creating a partnership, even before the start of its official work.

You can learn about the responsibilities of the HOA manager from our article.

How to register an HOA? Step-by-step instructions below.

Step-by-step instructions for creating an HOA

The procedure for creating a homeowners' association is provided for in Article 136 of the Housing Code of the Russian Federation. What is needed to create an HOA in an apartment building? In general terms, the design stages are as follows:

1. A meeting of homeowners in an apartment building is being held on the issue under consideration.
2. If the decision is positive, the asset of the HOA is elected and the charter of the partnership is approved.
3. A legal entity is registered with the relevant government agencies.
4. Agreements are concluded with the participants of the HOA.

Let's take a closer look at the step-by-step instructions, “How to organize and open an HOA in an apartment building in 2021.”

Residents' meeting

• The initiator of creating a partnership and holding a meeting can be any person (or group of people) who has an apartment on the right of private ownership in a particular building. It is desirable that he enjoys respect and trust among his neighbors.
• Before starting organizational activities, it is better to weigh the pros and cons, soberly calculate your strengths and capabilities, and make sure you have free time to engage in such activities. In addition, it is necessary to study the current legislation governing these issues and get legal advice on how to do everything correctly.
• According to the above norm of the law, the decision to transfer management of the house to the HOA is made by the residents themselves at a general meeting. It can be carried out both in person and in absentia - by secret ballot. As practice shows, the correspondence form is the only way to solve the issue of managing a home in a civilized manner. To participate in the vote, all owners must have a certificate of ownership and a passport. The protocol is signed by all residents who spoke positively.
• If more than half of those voting are in favor, the issue is considered resolved positively. If the required number of votes is not reached, the meeting can be repeated no earlier than a month later. To increase the chances of obtaining the consent of the owners, you can combine several houses into one HOA.

Election of an asset

After deciding on the creation of an HOA, the active members of the organization are selected: the chairman of the partnership, members of the board and the audit commission.

The chairman acts on behalf of the partnership without any power of attorney. He is authorized to represent the interests of homeowners and make decisions necessary in the process of activity. All officials of the partnership must comply with them.

The chairman of the HOA is elected for a certain period established by the charter of the partnership. If the assessment of his activities is unsatisfactory, his powers can be terminated early only by a decision of the general meeting of owners.

Approval of the charter

Article 135 of the Housing Code of the Russian Federation regulates the procedure for adopting the charter of an HOA and the provisions it must contain. According to this provision of the law, in addition to the general provisions, the charter must indicate:

• name and address of the house;
• the purpose of creating a partnership is to manage the house, repair, and operate the property;
• list of common property - entrances, staircases, elevators, etc.;
• partnership property – movable and immovable;
• funds of a legal entity - payments, contributions, income and other financial receipts;
• participation of owners in the maintenance of common property;
• management of the partnership - maintenance, operation, rental, repair of property;
• rights and obligations of a legal entity, board and chairman;
• procedure for termination of activities;
• reporting procedure.

The charter is a legal document, approved by all owners of the partnership and must be certified by a notary. If not all owners agree with the provisions of the charter, it is necessary to find a compromise and make changes to it. The charter is considered approved if the consent of the majority of residents is received.

Documents for registering an HOA with the tax office

A homeowners' association is a non-profit organization that must be registered as a newly created legal entity. Registration is carried out at the tax authority at the location of the HOA, and it takes no more than 10 days. For this you will need documents:

• organizer's passport;
• application on form P11001;
• copy of the charter in 2 copies (sewn, numbered and signed) - ;
• a certified copy or original of the minutes of the meeting of owners;
• confirmation of payment of state duty.

The amount of the state duty is within 4000 rubles. This amount can be collected from the residents of the house, but most often it is paid by the organizer, who subsequently returns these costs from monthly payments.

Instructions for filling out an application on form P11001:

You need to put a dash in empty cells. Sheets in which all fields are empty are not included in the application.

Sheet 1-2 . Fill in the details of the legal entity.

• in paragraph 1 - you can name the partnership at the address where the apartment building is located;
• in paragraph 2 - enter the address of the office of the management of the partnership, if there is none, the address of the apartment where the chairman lives.

Sheet E1 - E2 . Details of the chairman who has the right to act on behalf of the legal entity. persons without a power of attorney. All information is filled out from the passport (code 21), strictly as it is written on it. Enter your phone number in the format +7(222)3334455. You can find out your TIN through the online service of the Federal Tax Service, and your postal code using the Russian Post service.

Sheet I. Codes according to the OKVED-2 classifier of the main and additional activities that the HOA will carry out. In our case, we can use the code:

• 68.32 - management of real estate for a fee or on a contractual basis;

Sheet N page 1-2 . We enter who the applicant is in paragraph 1. Next, fill in the data from your passport.

Sheet N page 3 . In paragraph 5, we enter the full name by hand, and below we mark with the required number to whom the Unified State Register of Legal Entities should be issued or its refusal. And that is all!

Next, with the completed form, we go to the notary and sign in his presence. After which he sews the form.

Application form P11001 for tax registration: download form and sample

When the corresponding entry is made in the Unified State Register of Legal Entities, registration is completed and the partnership is considered created. The chairman of the HOA receives documents on the creation of a legal entity and opens a bank account. Residents' payments for utilities will be transferred to this account, and other funds necessary for the activities of the partnership will be stored.

Conclusion of contracts

Upon completion of the HOA registration procedure, an agency agreement for payment of utilities must be concluded with each owner. If the owner refuses to join the partnership, he nevertheless continues to use the services of the same suppliers. Therefore, an individual agreement is concluded with him, regulating the maintenance and repair of the common property of the house.

If the owner pays for electricity, water and other services at prices established by the partnership, and hands over money for current expenses, the contract is considered concluded automatically. In case of disagreement with the established tariffs, he has the right to appeal them in court.

Home management

The board of the partnership plans all the necessary work to improve living conditions and hires special staff. This process is led by the chairman of the partnership. Global changes are possible only with the consent of the owners.

Funds for all necessary work, as well as for paying the salaries of the chairman and members of the board, are allocated from the monthly contributions of the members of the partnership. Residents of the house have the right to know what their money is spent on and to get acquainted with the documentation confirming payment for work and services. To control the correct distribution of funds received by a legal entity, an audit commission is created. If the HOA participants disagree with the expenses, they have the right to demand an explanation from the board at the general meeting.

Before creating an HOA, you need to think through all the nuances and weigh the advantages and disadvantages. Remember that this management model is suitable for large apartment buildings or a group of several small ones. It is not difficult to create an HOA, it is difficult to manage it.

Reasons for refusal

When can they refuse? Registration may be denied in a situation where no document is provided , as well as in a situation where you do not have the authority to open due to any circumstances. For example, a meeting of owners was not held, or the voting results were unacceptable.

Read about how absentee voting of HOA owners is conducted in our article.

New OKVED codes

The code is selected depending on what the future company is supposed to do.

An HOA is the same company and it can conduct different types of activities, except those expressly prohibited by current legislation.

In the case of an owners' partnership, codes are required indicating:

1. housing stock management – ​​70.32.1;
2. operation of housing stock (70.32.2);
3. provision for rent (70.2);
4. finishing work (45.4);
5. construction of buildings (45.21.1.; 45.25);
6. cleaning and processing of solid waste (90.00.2);
7. cleaning work (74.70.1; 90.00.3).

Legal regulation

So, what we have to do is not just create a group of caring people (although it all starts with this, they will form the backbone of the future partnership), but an organization, a legal entity.

Accordingly, the issue of the creation and activities of a partnership is regulated by the rules of civil law applicable to other legal entities (Article 48, Article 24, Chapter 13 of the Civil Code).

The process itself will consist of the following steps:

1. make a decision on the formation of a partnership (for this, the initiators convene a meeting, then a decision is made based on voting);
2. collection of necessary documentation for regulatory authorities;
3. payment of state duty;
4. submission of documentation to the tax service department;
5. receiving a positive response;
6. creating a current account (you will learn about what they are needed for and how to open a current and personal account for an HOA here);
7. print order.

Membership termination procedure

If the quality of work performed does not suit the apartment owner, he has the right to contact the HOA with a request to terminate the contract. At the general meeting, a decision is made on expulsion from members of the partnership upon application. The decision is documented by recording the decision in the protocol.

Membership is terminated unilaterally if this is provided for in the current agreement. For example, if citizens refuse to pay the receipt, ignore the rules of residence, or improperly use the premises, the owner is excluded from the HOA. Since the exception does not relieve one from financial obligations, payment of utility bills is mandatory.

The reason for termination of participation may be the death of the owner. The heirs have the right to transfer the responsibility for maintaining the house to the same HOA by submitting an application for participation.

Is it possible to terminate my membership automatically?

Sometimes a situation arises where membership is automatically terminated. This happens if any member leaves the organization, and this results in the loss of the majority of votes cast for service through the owners' association. Since the law requires more than 50% of the votes, loss of a majority results in automatic termination of membership.

• Agreement with the management company: rules for concluding, changes

It is possible to switch to an alternative method of organizing maintenance of apartment buildings - through a management company. The second option to do without reorganization is to convince other owners and find new voices in favor of service through the partnership.

When the majority is lost, a general meeting is held and a vote is taken with the results recorded in the minutes of the meeting.

General meeting

The main decision-making tool at the general meeting of owners is voting. Therefore, people who are responsible for how to organize an HOA should prepare special forms to express the will of the residents. The structure of these documents is very simple - these should be tables with your full name, as well as columns “For”, “Against” and “Abstain”.

At the beginning of the meeting, its chairman must be elected - by a majority vote of the owners who came. You also need to choose a secretary who will keep minutes of the residents’ meeting. It is important that more than two-thirds of the residents of the building who have the right to vote are present at the event. This is a prerequisite for how to properly organize an HOA. What will be decided at the meeting is mandatory for all residents, even those who did not come to the event. If it was not possible to gather two-thirds of the owners, the initiative group will have to repeat the work of organizing the meeting. It is possible that they will have to include a campaign component in their activities.

During the general meeting, residents decide that a partnership will be formed, they approve the charter of the HOA, elect members of its board, and also appoint an audit commission.