Why do shareholders need a certificate from the housing insurance company about the paid share? procedure for its registration

Other types of payments

• Application fee – paid by applicants GSK pays office and administrative expenses.
• Targeted contributions are funds that are spent on specific activities or technical and repair work. The amount of payment is established by a meeting of all members of the State Committee or authorized representatives.
• Membership fee is a constant payment that covers the cooperative's expenses for administrative activities, salaries to employees, current expenses, incentives for various commissions and the functioning of the cooperative.
• Additional - charged to cover the organization's loss.

IMPORTANT: usually the statutory provisions spell out all possible financial relationships, including which deposited funds are subject to return and which are not.
Basically, when leaving the cooperation, it is the value of the share that is returned; other payments may be irrevocable. Read the charter carefully.

Here's a brief example of how to calculate contributions:

The total cost of business expenses for the whole year is calculated.

Construction work -900t.r.

Installation of security systems – 400t.r.

Cleaning the area 200t.r.

Admin. Costs: 300t.r.

Salaries – 800t.r.

900+400+ 200+300+800= 2.6 million rubles

The amount received is divided by the planned number of automobiles (vehicles) in the cooperative and as a result we get the amount of the annual membership payment for one car space.

Number of seats: 300

Total: 2.6 million/300 seats=8.7 thousand rubles.

8.7 – cost of the annual fee.

If a cooperative has fewer participants than parking spaces, then additional payments may be introduced to cover the loss.

It should be taken into account that the amount of payment per year may vary proportionally depending on the number of shareholders. These details should be taken into account before joining the cooperative.

Calculations and justifications for all payments are established by the initiative group when creating the charter, and amendments are introduced through a council with the participation of all members of the organization. But there may be differences depending on the features of the management of the GSK; they are recorded in the constituent documents.

We remind you that you can get a quick free consultation by phone: +7 just click to call

Underwater rocks

Share contribution in a housing cooperative: certificate from the housing cooperative about the paid share (sample and form).
assignment agreement When purchasing an apartment through a housing cooperative, you need to clearly understand that this path is more risky than through the DDU. And since these risks may not be clear to everyone, Quadrum will dwell on each of them in detail.

Firstly, as Emil Zakharyaev, managing partner of Rezidential Group, says, raising funds before the start of construction and sale of apartments through housing cooperatives is possible at the stage when land and property relations on the development site and technical documentation have not yet been properly formalized. This may lead to a delay in the construction process.

Secondly, there is no clear date for completion of construction with this form of purchasing an apartment. Irina Dobrokhotova confirms that the deadline for commissioning in the cooperative can be postponed: “The decision to postpone the deadline for commissioning a house can be made at a meeting of shareholders and occur repeatedly, without any penalties.” Thus, a house can take years to build, and the participants are not entitled to any compensation. This happens, as Maria Litinetskaya, managing partner of Metrium Group, explains, due to the fact that a member of a housing cooperative is considered by law as a participant in a voluntary association and is not protected by the law on the protection of consumer rights.

The third disadvantage of such a scheme also stems from the voluntary nature of participation - when signing the acceptance certificate, the owner simply has no one to demand correction of defects and shortcomings. As Vladimir Dronov, senior legal adviser, explains, if a housing cooperative as an independent legal entity has entered into a co-investment agreement or an agreement for participation in shared construction with a third party - the developer, then 214-FZ, the law on the protection of consumer rights, containing guarantees and methods of protecting the rights of shareholders, do not apply for members of cooperatives. In this case, the responsibility of the developer is regulated only by the concluded agreement and current civil legislation. If the housing cooperative and the developer are one person, then there is no one to make claims regarding the quality of construction.

Fourthly, the price of an apartment in a housing cooperative may rise, in addition, additional multi-purpose contributions are possible if there are no specific clauses regarding this in the charter

Vyacheslav Sultanbaev, head of the analytical department of Mobile Stroy XXI, advises: “Pay attention to the procedure for collecting contributions, target fees or changing the price per square meter. If additional payments are specified in the charter, the buyer will not be able to refuse them later

If the investor and the developer are different legal entities, the cost of construction must be clearly stated in the contract between them and cannot be changed, otherwise the buyer will have to pay extra if the cost of construction changes.”

Fifthly, there remains the risk of long-term construction

At the same time, Vyacheslav Sultanbaev draws attention to the fact that in the case of a public housing cooperative, if the developer goes bankrupt, the state will most likely come to the rescue, and in the event of bankruptcy of the housing cooperative, the members of the cooperative will solve all problems independently

In addition, for a long time, such construction of one’s own apartment did not protect the shareholder from double sales, since the participation agreement was not registered anywhere. In principle, in a good situation, the developer kept a register of shareholders, but this was not necessary. However, now, as Renata Belyaeva reports, legislation in the field of housing cooperatives contains a mandatory requirement to maintain a publicly accessible register of members indicating the size of the share contribution and the amount to be transferred upon completion of the construction of a specific residential building. Thus, double sales should be avoided.

Another disadvantage is the lack of mortgage lending for this form of real estate acquisition. This is not to say that banks do not lend at all, but there are fewer of them and they do it without enthusiasm. Maria Litenetskaya comments on this issue: “The state mortgage support program does not apply to housing cooperatives. In addition, the number of banks that provide mortgages for projects implemented through housing cooperatives is minimal.”

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Rights of a member of a garage cooperative

Why and how is a certificate of family composition needed?

Rights are stipulated in one of the sections of the Charter, as the main document regulating all relations and conditions.

The basic set of rights of a member of the GSK is as follows:

• participate in community management by voting;
• after termination of membership, draw up agreements with the Board regarding the use of utilities and security;
• sell, donate your box and your share;
• request information about the results and progress of the GSK activities;
• have access to the documentation of the Management Board, including financial papers;
• participate as a borrower and as a lender of funds in the manner established by the Regulations and mutual lending;
• in case of liquidation of the cooperative, receive part of the common property;
• resign from the membership of the GSK at any time, etc.

Debt collection for GSK

Debt collection methods vary, from civilized to the most savage. Since the main document for GSK is the Charter, it usually stipulates the conditions for debt collection. Also, in relation to GSK on this issue, the provisions of the Law of April 15, 1998 No. 66-FZ (clause 6, clause 2, article 19) are used as part of the following measures against defaulters:

1. a call to a meeting of the board (the invitation is sent by mail, a certificate indicating the amount of debt is attached), in case of non-appearance, a protocol is drawn up specifying the settlement period, the protocol is also sent to the negligent member of the GSK.
2. If this deadline is missed, a pre-trial warning is issued in writing as a last attempt to provide a chance to pay off debts within some more time.
3. If there is no response from the debtor, the claim is sent to the magistrate's court (if the debt is less than 100 thousand rubles), or to the district court at the defendant's registered address.
4. The agenda of the next general meeting is announced with an item on depriving the debtor of membership.

Subject to the accrual of penalties (if provided for by the Charter), its amount is also presented to the debtor for payment.

What is a contract

What is Form 28 certificate from the registry office needed for?

A share agreement is a document signed with a housing construction company that has legal force and provides its owner with the right to receive housing.

When collaborating with the community, the citizen signs the documentation twice - on the payment of a sum of money and on the purchase and sale of property to obtain a certificate of title. A share agreement is the first stage of signing papers, according to which a person undertakes to fully pay the agreed amount over a certain period of time to obtain housing.

Preliminary stage

However, before signing it, it is necessary to check some nuances of the existence of a housing construction company:

• Is she the owner of the territory under construction;
• Does he act as a developer of the house being invested;
• If not, who is doing the construction;
• Planned date of commissioning of the building;
• The procedure for making mandatory payments;
• Terms of membership.

When studying documentation and the history of community development, you should pay special attention to:

1. Studying the agreement between the cooperative and the developer to see if it contains a column on termination of the agreement if the investor’s party fails to fulfill its obligations. This allows the developer to cease activities and leave the construction site at any time. This circumstance may delay the construction of a house for a long period.
2. Documentation of the investor himself:

• Availability of clear and accessible clauses in the Charter;
• Availability of registration papers of the housing cooperative as a legal entity;
• Its status is in the housing cooperatives register;
• Availability of a project declaration;
• The permit for construction activities must have a certain validity period.

1. When signing the document you should also:

• Remember that the entire process of depositing and not depositing money is regulated only by the Charter, and funds cannot be raised in any other way;
• Providing residential premises for moving into them Art. 124 of the Housing Code is carried out through a vote of the general meeting, taking into account the statutory rules.

The accumulative agreement is not the basis for accepting funds from a member of the cooperative and allocating living space. Likewise, additional papers are devoid of any guarantees.

What to prepare

To join the company and sign the agreement you must provide:

• Statement;
• A copy of your passport;
• Copy of TIN;
• A certificate of family composition, but it is not mandatory.

Structure

The preliminary agreement must include the following information:

• Name of the legal entity;
• What is this agreement on share contributions;
• Signing number;
• Place of compilation;
• Full name and passport details of the investor;
• Grounds for action of housing cooperatives;
• Full description of the subject of the paper - footage, cost per square meter. meter;
• Obligations of the future tenant to make share contributions with a clear description of them - size, payment terms, period of full contribution;
• A complete description of the object under construction - ownership and size of the plot, number of storeys of the building, number of apartments in it, location and address of the house;
• Cost of leaving the community;
• Description of the condition of the apartment at the time of delivery;
• It would not be superfluous to indicate the date of commissioning of the house.

When signing the paper, make sure that there is no point for collecting additional funds, since such fees increase the cost of the property by up to 30%.

It should also contain information:

• On the rights and obligations of the parties;
• On termination, including unilaterally;
• Conditions for the sale of shares;
• Force majeure;
• Controversial points.
• Signatures of the parties.

Accounting based on estimates

The direction of cash flow is regulated by the cost estimate adopted by the general meeting.

Planned costs are distributed across several budget items. For the convenience of providing reports to residents, collecting and distributing funds, the following expense items can be distinguished:

• expenses associated with major repairs of common property;
• costs incurred by ongoing operation;
• carrying out annual repairs;
• expenses for creating reserves;
• other (wages of employees, insurance premiums, bank services, etc.).

Funds must be transferred to the housing cooperative's current account to cover expenses.

A high-quality and planned estimate will help determine the size of membership fees, calculate tariffs and collect debts from non-payers.

Housing cooperatives receive several types of tax-free income:

• membership fees for the maintenance and management of housing cooperatives;
• share contributions (paid until residents acquire ownership rights to the property);
• government subsidies, subsidies, benefits;
• penalties for unpaid payments;
• homeowners' contributions for the maintenance of common property;
• utility bills (payment for all known and usual receipts for services: electricity, gas, water, etc.);
• donations and sponsorships;
• income from placing available funds on bank deposits.

The income received can be spent on certain purposes, which are formed on the basis of an annual cost estimate. Benefits and subsidies are provided to residents by federal and local authorities, and they compensate for the amount of utility bills of these citizens.

It is forbidden to adjust the estimate during the year, therefore, the calculation of expenses must be approached scrupulously. There are several points that should definitely be taken into account when calculating the next estimate:

• analysis of the results of estimated reports for the last three years (where savings or overruns were discovered);
• characteristics of the existing property (number of residential and non-residential areas, functionality and infrastructure of non-residential premises, multi-story structure, composition and number of residents receiving benefits and subsidies from the state, etc.);
• rising inflation;
• schedule for receipt of government subsidies and compensation for benefits provided;
• planned salaries of employees (based on the staffing table and annual salary indexation);
• costs of freelance workers hired for irregular work;
• remnants of material and other resources and funds from previous years.

Working with estimates opens and closes the year. It is necessary to display the totals, compare standard indicators and actual expenses. Overspending will be covered by targeted revenues or the responsible parties. And the surplus can be used to encourage the board of housing cooperatives or for statutory purposes. Any other inappropriate use is not possible.

In addition to cost estimates, in some cases it is also necessary to draw up an income estimate.

Note! If members of the housing cooperative do not object to carrying out commercial activities, then it is necessary to plan income (for example, providing some common premises for rent) and the purposes of their use. An accountant needs to keep separate records of income and expenses to calculate the taxable base.

To simplify the work with calculations, you can choose the simplified tax system with the “income” base

An accountant needs to keep separate records of income and expenses to calculate the taxable base. To simplify the work with calculations, you can choose the simplified tax system with the “income” base.

Only income received from commercial activities is taxed, and there is no need to allocate the share attributable to commercial activities from total expenses. Taxable income of housing cooperatives includes funds received from:

• construction and sale of additional outbuildings;
• leasing for shops or other use of premises from common property in an apartment building.

By the way, it is best to use the income received to reduce share contributions by distributing them among residents in proportion to the shares. When all mandatory contributions have been paid, additional income is spent on general statutory purposes, based on the general decision of the members of the housing cooperative.

Cost of the registration procedure

Directly for registration of property rights, the Tax Code of the Russian Federation establishes a state duty of 2000 rubles. for an individual, for a legal entity - 22,000 rubles. Legal entities can also be members of consumer cooperatives, and in the same manner they have rights to the objects transferred to them.

The service for producing a technical passport will cost significantly more, depending on the complexity of the work, for example, the number of levels in your garage box, but on average it will be about 4000-5000 rubles.

A cadastral passport for submission to the registering authority is not required, since the “Road Map” for improving the quality of public services has been implemented, and therefore the real estate register now contains all the necessary information about the objects registered in the cadastral register.

List of required documents and rules of procedure

This fact is confirmed by a certificate issued by the chairman of the GSK board.

However, since the right of ownership is a real right, it is considered to arise not from the moment of full payment of the share, and not from the moment of documentary confirmation of this fact, but only after making an appropriate entry in the Unified State Register of Real Estate about the shareholder’s ownership right, that is, only after state registration the owner will be able to dispose of the real estate at his own request (purchase and sale, donation, etc.).

One of the documents that the applicant must submit for state registration is a certificate of payment of the share contribution in this GSK.

And here problem number one appears. The chairman will give you a certificate; often the chairmen, even if they change, remain members of the same cooperatives. But as part of the legal examination, the registrar must check the powers of the person who issued the certificate and the legal capacity of the legal entity itself - the garage-building cooperative. And here there is scope for possible options for the unsuccessful completion of registration of a citizen’s right to his garage.

Then on the date of issue of the certificate the chairman was no longer a chairman at all. Then the GSK no longer existed at the time the certificate was issued, and it turns out that the garage was built after its liquidation on the land plot allocated to it, it is not clear on what grounds.

The chairman of the State Joint Stock Company, who signs the certificate of the paid share, is authorized to perform any actions on behalf of the legal entity only if it is created and registered as a legal entity in the manner prescribed by law. Otherwise, the issued certificate cannot be considered as a proper title document.

There are often cases when the chairman of the GSK, who did not promptly provide the necessary information to the Federal Tax Service inspection, issues a certificate of payment of the share, while the registering authority, in accordance with Art. 21. 1 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” decided to make a record of the liquidation of a legal entity in the Unified State Register of Legal Entities. It turns out that at the time of issuing the certificate, the legal capacity of the cooperative was terminated, therefore, the chairman of the GSK has no authority, therefore such a person does not have the right to issue a title document.

Thus, citizens, as a rule, cannot confirm membership in the cooperative and the fact of payment of a share for the garage box.

In addition, there is also the specificity of registering rights to constructed buildings, structures, structures, provided for in Art. 222 of the Civil Code of the Russian Federation, which states that construction can only be carried out on land plots allocated to land users for construction purposes.

The owner of the garage is required to submit, simultaneously with the application for registration of rights, documents indicating the provision of land plots to GSK for the purpose of creating garages.

However, in a fairly large number of cases, these documents contain the following common errors that are typical for almost everyone:

1. They do not specifically indicate that the land was provided specifically for the construction of garages.
2. The cooperative only has acts on preliminary approval of the location of garage boxes on the land plot for design and survey work, but the matter has not reached the conclusion of an agreement. As a rule, neither the district administrations nor the city administration have information about the allocation of a land plot to a cooperative for construction.
3. Documents for the land indicate that the plot was provided to the cooperative based on the results of the inventory under unauthorized garages, that is, directly defining them as unauthorized objects.
4. The person indicated in the title document for the site and the applicant indicated in the permit to put the facility into operation do not match. This will not allow registration of rights to garage boxes.
5. The garage box is located outside the land plot allocated to the garage-building cooperative (this case is less common).

A garage built in violation of the rules of Art. 222 of the Civil Code of the Russian Federation - an unauthorized construction for which the person who carried out the construction does not acquire ownership rights. This may subsequently lead to unfavorable consequences for the owner, for example, demolition by court order.

Problems of registration of cooperative property

Registration of ownership of a cooperative apartment. Photo No. 2

Shareholders of cooperatives often face various situations that do not allow them to fully dispose of their apartments.

This is due to the special legal status of such residential premises. Immediately after the apartment building is put into operation, any residential premises located in it, by right of ownership, belong to the housing cooperative. Citizens who paid the share are the users of the apartments. That is, they have the right to live in them, but cannot fully dispose of them (sell, donate).

Therefore, in order to become the owner of a home, the user is obliged to register this residential premises as his property. To do this, you need to provide the registration authorities with a certain package of documents, without which no registration will take place.

If such documents are not in the cooperative (for example, lost), then the burden of restoring them falls on the shareholder. In some cases, you have to prove your right to housing through the courts.

Based on this, the main problem associated with registration of cooperative property is the provision and collection of a mandatory package of documents with the following content:

• the charter of a housing cooperative, in practice there are often situations when the charter changes, additions are made to it, and the chairmen do not always provide certified copies of the changes to the state register, therefore, when registering an apartment, the shareholder has to force the chairman to take everything and give the corresponding certified copy citizen;
• a certificate stating that the share has been paid in full and the cooperative has no claims, it is signed by the chairman, as well as the accountant of the cooperative, but there are situations when the register of payments or accounting book may be lost, destroyed by the old management, so the shareholder will have to request information from banks or archives that he paid everything, and provide it to the chairman of the cooperative;
• the act of putting the house into operation, as well as the technical passport for the house and apartment (a certified copy of these documents), which are kept by the chairman of the cooperative;
• a warrant for moving into a residential premises, which is also kept by the chairman of the housing cooperative, or another document confirming this fact.

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If this package of documents is not provided, then registering ownership will be problematic, and you will have to do it through the court.

Certificate of full payment of share contribution

2.2. Yes, they may not issue it. Because in this case, penalties were provided. This is part of the obligations (Articles 309, 330 of the Civil Code of the Russian Federation).

But given the fact that there is no clear calculation, it is possible to challenge the non-extradition in court. 2.3. First of all, you need to study the charter of the building cooperative.

If it is established there that a certificate of full payment of the share is not issued before the payment of penalties, then nothing will work. Civil Code of the Russian Federation Article 123.2. Basic provisions on the consumer cooperative. 2.4. — Hello, dear site visitor, of course, you will not be given this certificate unless full payment is made.

A certificate of the paid share for an apartment is one of the documents that serves as the basis for state registration of property rights in the Rosreestr of a constituent entity of the Russian Federation (Art.

Procedure for drawing up an agreement

This procedure will depend on whether the share has been paid in full or not. If it is complete, then there is no need to ask the head of the cooperative for consent, since the apartment is already owned.

In this case, it is allowed to formalize any other transaction for the alienation of rights, for example, a sale or purchase. In this case, only rights will be transferred. Responsibilities will not be transferred.

If debt obligations are assigned, then the developer’s written consent to replace the debtor is required, and if the share is paid for using loan funds, then the bank’s permission.

In any case, the developer must be aware of the transfer of the share to another person. To do this, the shareholder must inform the cooperative of his intention in writing.

It is advisable to send it by registered mail to be sure of its receipt by the developer. A notification of receipt signed by a construction company employee must be kept in case the developer claims that he was not informed about the transfer of the share.

The construction company’s consent must be in writing and certified by a seal and signature of the manager. Procedure for transferring a share:

• Documentation must be prepared by both parties. In this case, an act is drawn up confirming the transfer of documents, which is signed by both parties to the transaction.
• The preliminary assignment agreement is completed. Such an agreement does not provide for the payment of a monetary amount. If both parties are satisfied with everything and no adjustments are required, then on the basis of this document a main agreement is drawn up, signed by the parties to the transaction and registered with government agencies (Rosreestr).

Before signing the contract, it is advisable for the buyer to make sure that there is no debt owed by the seller. A certificate from the construction company is provided for confirmation.

In addition, if the primary buyer has not made payments for several months, the developer may refuse to fulfill his obligations. In this case, the new buyer of the share will suffer.

Inheritance process

The period for entering into inheritance is 6 months. During this period it is necessary to have time:

• submit an application for inheritance;
• provide documents: death certificate, identity cards, will (if any), confirmation of kinship, certificate of payment of the share (if payments have been made), legal documents for real estate, certificate of assessment of the value of property, receipt of payment of state duty (for spouse, parents, children, brothers, sisters - 0.3% of the value of the property, but within 100 thousand rubles, for others - 0.6% within 1 million rubles);
• obtain a certificate of inheritance.

Afterwards, the property must be registered with Rosreestr.

Each of the owners will be able to sell, donate, or bequeath their share if the co-owners do not mind. The latter have a pre-emptive right to acquire a share. They have a month to make a decision.

Agenda for a cooperative meeting

Agreement for the sale and purchase of a share in an apartment
Agenda is a list of issues or a plan for holding a general meeting of members of the cooperative. Since the meeting is the main body authorized to make all important decisions, there is no point in holding an unprepared meeting.

When posting a message about an upcoming meeting and its date on the notice board, always attach a printed agenda so that people know what will be discussed and can determine in advance their position, which will result in the outcome of the vote and may influence the decision.

The agenda is used by the person holding the meeting, as well as by the secretary, because it is he who needs to draw up an accurate protocol recording the main points of the speakers, as well as the voting results for each item on the agenda.

Who is a shareholder and who has the right to become one?

The creation of housing cooperatives can be facilitated by state authorities of the Russian Federation and local self-government. In this case, citizens who are registered in the established order as in need of improved housing conditions have a priority right to join a housing cooperative.

Thus, a citizen of any country who has made entrance and share contributions, while complying with the Charter (the founding document of the housing cooperative), can become a shareholder. A citizen or legal entity submits an application to join the board of housing cooperatives. After consideration of the application and approval at the general meeting, a decision is made - to accept membership in the housing cooperative or to refuse it. If the decision is positive, then the right to become a shareholder is granted from the moment the entrance fee is paid.

A shareholder of a housing cooperative is a member of a housing cooperative who owns a share and makes timely share contributions. Shareholders can be both individuals and legal entities.

To become a shareholder, it is enough to submit an application in the established format to the board of the housing cooperative. Members of the housing cooperative are given at least a month to consider the application and make a decision.

The candidacy of an applicant for a share in a housing cooperative must be considered at a general meeting.

A citizen who has expressed a desire to join a cooperative becomes a shareholder after his application is approved and he makes an entrance fee to the general fund of the cooperative.

When submitting an application to join a housing cooperative or housing cooperative, you must obtain a receipt confirming its receipt by the management of the housing cooperative.

The presence of a receipt guarantees that the transaction to join the cooperative will be considered legal and legally existing. Otherwise, even if the shareholder makes all contributions and payments, his right to a share, in the absence of an application to receive it, may be disputed. The court considers such a transaction void; in this case, no refund can be expected.

Inheritance of a cooperative apartment when the share is not fully paid

Preliminary agreement for the sale and purchase of a share in an apartment

What to do if the share is not paid during your lifetime? The question is relevant because real estate does not become property, and a considerable amount was paid for it. What you can do:

1. If the heirs did not live with the testator, they can receive the deceased’s contributed funds in accordance with their shares in the inherited property. The property will remain in the ownership of the residential complex.
2. If living together, the heirs can remain in the house and acquire ownership of it. To do this, you need to become a member of the cooperative and continue making payments.

Legislatively (Article 131 of the Housing Code of the Russian Federation) enshrines the preferential right of certain categories of citizens to become members of the Housing Code:

1. If a spouse, by law or will, can inherit part of the share, then he has a preemptive right to become a member of the cooperative.
2. If there is no spouse, but there are other heirs, then the applicants who lived together with the testator have priority.
3. If there are no applicants from the first groups, then other heirs can become a member of the LCD.
4. In the absence of these applicants, a relative who is not among the heirs, but who lived with the owner of the share in the same territory, can become a member of the housing complex. A prerequisite is that the new member of the Housing Committee makes an initial contribution.

What is a share?

Share is financial assets that participants must pay on time. Shareholders pay contributions in exchange for the opportunity to use a certain part of the common property. As part of a housing cooperative, residents can jointly manage the property of the entire multi-storey building.

The funds transferred to the organization's fund in the form of share contributions are summed up and then, by decision of the community, used for repair work and the construction of additional buildings.

The tasks of the cooperative include paying utility bills and hiring workers. Responsibility for the correct use of funds rests with members of the management team.

A person who regularly pays a share contribution is a full participant in the housing cooperative. Not only individuals, but also legal entities can become members of the housing cooperative. A share of ownership of common property can be inherited, as well as transferred to other persons when making legal transactions, for example, when selling real estate.

Several shares per member

If several shares belong to one person, he will receive as many apartments as the number of shares he has.

The number of shares does not affect the decision of the General Meeting in any way. One member of the housing cooperative – one vote.

Exceptions are cases where the Charter stipulates otherwise.

For example, take into account the square meters of housing provided as the equivalent of votes. Or when making more than one share contribution, the number of votes is equal to the number of contributions made.

Why do you need a payment certificate?

Upon payment of the initial contributions, the housing cooperative participant acquires the right to own a certain property. If you try to challenge this right, the owner will present a certificate confirming payment of the share.

This way the apartment owner can protect himself from attacks on his property. Immediately after payment of contributions, you must take this certificate from the board. A certificate of payment of a share in the cooperative fund is a title document assigning a specific property to a housing cooperative participant.

Make sure that the certificate contains the following information:

• Full name of the cooperative member.
• Date of entry into the housing cooperative.
• Identification data of the minutes of the general meeting at which a positive decision was made to install a new shareholder.
• The full amount of the share.
• Address of the apartment assigned to the tenant.
• The area of ​​the property.

The form for filling out the certificate can be obtained from the secretariat of the organization. The chairman is obliged to check the correctness of the information entered, then sign and seal.

On our website you can find other useful articles related to housing cooperatives:

• Pros and cons of a housing construction cooperative.
• Reorganization and liquidation of housing cooperatives.
• Accounting for the activities of a housing construction cooperative.

The procedure for registering the transfer of shares

If a member of the cooperative does not have the opportunity to continue making share contributions, he can draw up an agreement for the assignment of the share in the housing cooperative. It involves the conclusion of a purchase and sale agreement and assignment of shares.

The assignment of a share is possible if this condition is in the housing cooperative agreement, there are no residents in the apartment, and the expected share contributions have been paid in full.

The procedure for transferring a share has many risks for the buyer, since as a result of its registration he may lose money and not receive ownership rights as a result. This is due to the characteristics of housing cooperatives. The fact is that in order to acquire ownership of real estate, a person must become a member of the housing cooperative, and the assignment of the housing cooperative does not automatically guarantee the buyer that he will be included in the membership. After all, if at a meeting of shareholders a negative decision is made regarding a new member, he will lose money and will not ultimately acquire ownership rights.

To avoid the risk of losing real estate, the purchase and sale agreement must include a clause stating that the funds will be returned if the buyer is refused membership in the housing cooperative.

The procedure for assigning rights of claim to real estate involves going through the following stages:

1. The parties sign a purchase and sale agreement.
2. The seller writes an official statement to withdraw from the cooperative.
3. The buyer writes an application to join the cooperative.
4. The buyer is included in the number of members of the cooperative and the buyer and the seller enter into an agreement on the assignment of rights.
5. The buyer is given a certificate in his name indicating the amount of the paid share.

Step-by-step instruction

The algorithm of actions on how to privatize a cooperative apartment includes several steps:

1. Collection of documents.
2. Submitting an application for registration to Rosreestr.
3. Receipt of final documents.

Let's look at the steps in more detail.

Preparation of documentation

To privatize a cooperative home, you need to prepare:

• documents for the shareholder;
• papers for living space;
• documents for the cooperative - if no one from the housing cooperative has applied for privatization and registration of rights before the shareholder.

Shareholder documents:

• passport - the original is presented to MFC employees;
• protocol on admission to membership of the cooperative or an extract from it - original or certified copy;
• marriage certificate - original and copy, if the share was paid during marriage;
• receipt for repayment of state duty - 2,000 rubles, original. Paid in advance.

Papers for cooperative living space:

• certificate of full payment of the share - 2 originals and a copy;
• extract from the Unified State Register of Real Estate for the cooperative area - original;
• a copy of the housing order certified by the chairman.

The document on repayment of mandatory share payments looks like this:

If the applicant is the first shareholder of a housing cooperative who applies for the privatization of a cooperative living space, you will also need:

• the charter of the housing cooperative - the original and a copy certified by the chairman;
• protocol on the election of the chairman and chief accountant of the housing cooperative, as well as on the inclusion of members;
• certificate or extract for the land plot.

In some regions, they are asked to certify copies with the signature of the applicant himself. This is done by affixing the inscription “Copy is correct”, date, signature and transcript.

Procedure

With documents in hand, the procedure for privatizing actions is as follows:

1. Select the nearest MFC to submit your application. It is not necessary to choose an office in the area where the apartment is located or where the shareholder is registered. Any will do.
2. Make an appointment in advance or come on a first-come, first-served basis.
3. An MFC employee will fill out an application. The specified data must be carefully checked and then signed.
4. Based on the results of the reception, an inventory will be issued, which will indicate the registration deadline.

Duration, cost and result of privatization

From the moment of transfer of documents for privatization, no more than 14 days will pass until the entry is made in the Unified State Register of Real Estate. Separately, you need to take into account the time it takes to search for documents, especially if the cooperative has been gone for a long time.

Attention! If the cooperative is liquidated, contact the local archive with a request - this way you can restore lost certificates and protocols. If there are no documents in the archive, a statement of claim to the court with the calling of witnesses will help. The testimony will confirm the identity of the shareholder and the fact of payment of money

The testimony will confirm the identity of the shareholder and the fact of payment of money.

The cost of privatization of a cooperative apartment consists of the cost of obtaining documents. As a rule, housing cooperatives' certificates are issued free of charge; for copying protocols they may charge a commission of approximately 10 rubles per sheet. The state fee for registering a license with Rosreestr is 2,000 rubles.

Contributions

Share contribution is a set amount that each participant in the housing cooperative must contribute to the fund. By paying a certain amount of money on time, each shareholder has the opportunity to use his own share in the common property at his own discretion, subject to compliance with current legislation.

The share contribution is established and collected for the following purposes:

• Payment for the work of plumbers, repairmen, builders and other specialists hired to improve the territory.
• Purchase of materials used for restoration work.
• Planned repairs of the building, individual structures, public spaces.
• Investment in profitable projects with the prior consent of community members.

Reference! At the meeting, the participants of the housing cooperative determine a clear amount that is paid regularly.

Residents often have to pay additional fees when unexpected expenses arise. The procedure for making payments, the amount of payments, and the possibility of determining additional contributions are prescribed in the charter of the housing cooperative. To become a shareholder, it is often necessary to pay several contributions at the same time.

Filling Features

This document must contain the following details:

• In the upper right corner indicate the name of the cooperative and its number.
• The date of the document and its number must also be indicated.
• The name of the document is written in the middle.
• Indicate the last name, first name, and patronymic of the person to whom the document was issued.
• Series and number of his passport.
• Residence address.
• The total and living area of ​​the apartment may be indicated.
• The amount of the paid share contribution.
• To present which institution the certificate is issued to.
• Last name, first name, patronymic and signature of the chairman of the board.
• Last name, first name, patronymic and signature of the senior accountant.
• Wet printing.

Depending on the place of presentation, the document may contain other information:

• House wear and tear.
• Number of floors.
• In what year was the building put into operation?
• Year of construction.

Therefore, in your application for a certificate, you must indicate for what purpose you need it.

The application itself is written addressed to the chairman of the cooperative in free form, where you ask to be given a certificate of membership in the cooperative to present it to such and such an institution. Below is your signature, your initials and the date of writing.

Filling example

How is membership in the garage-building society confirmed?

The validity of membership in the cooperative is confirmed by the presence of a membership book, which contains all the information about the community member: full name, photograph, box number, its dimensions, car brand, name and address of the cooperative.

On other pages, the amounts and dates of depositing money to repay target, monthly, share contributions, as well as payment for utilities are noted.

This document is quite serious - there is a GSK stamp, and the community accountant signs for each amount paid. The book is not only an internal document; it is attached to the package of papers when applying for registration of rights. Another such document can be a certificate of membership.