What must the Charter of an HOA/housing cooperative necessarily contain?

Mandatory provisions of the Charter

The mandatory provisions of the HOA charter include the following information, determined by the provisions of Part 2 of Article 135 of the Housing Code:

on the name of the partnership, which must begin with the words “association of homeowners”, location, subject and purpose of its activities;
the procedure for the emergence and termination of membership in the HOA;
the composition and competence of the management bodies of the partnership and the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes;
composition and competence of the audit commission or auditor of the partnership.

Who in the HOA is responsible for its preparation and registration?

All residents of an apartment building who own apartments - members of the HOA - take part in drawing up the charter.

Information about the creation of a partnership is entered into the Unified State Register of Legal Entities, and the signed charter is registered. The registration procedure is carried out in accordance with the provisions of the Law of 08.08.2001 No. 129-FZ.

To register, the selected chairman applies to the tax authority at the location of the partnership , preparing a list of documents in accordance with Art. 12 of Law No. 129-FZ. Instead of the chairman, his representative can contact the tax office if he has a notarized power of attorney.

General meetings.

— powers of the general meeting of HOA members

The general meeting of HOA members is the highest governing body of the partnership. Part 2 of Article 145 of the Housing Code sets out issues that cannot be transferred to the board or the chairman of the board of the HOA.

— Issues that cannot be included in the competence of the HOA management bodies

The competencies of the meeting of the HOA board, the general meeting of HOA members and the general meeting of owners of premises in the apartment building should not overlap.

Acceptance procedure

The decision to adopt the charter is made at a general meeting of residents . All members of the HOA must be present at the approval stage, but in practice this rarely happens. Therefore, the law allowed absentee voting without attendance at the general meeting.

The meeting is held in accordance with the legislative norms prescribed in Art.
45-48 Housing Code of the Russian Federation. The owners are notified in advance of the general meeting. The notice contains information about the specific date, time and place of the meeting, and the agenda. The charter is adopted if the number of those who voted for the adoption of the document is a majority of the total number of votes of apartment owners in the building (clause 2 of article 135 of the Housing Code of the Russian Federation).
The voting process can take place during a gathering of residents or in the format of absentee voting, since the simultaneous presence of the required number of owners of residential premises is not always possible.
In the absentee voting format, each owner is given a printed protocol form, and voting takes place at home. All details of the charter in this case are discussed in advance.
After voting and preparation of the charter itself, the document is signed by the chairman of the meeting or the chairman of the board, who is elected by the same vote of the HOA participants.
When everyone comes to a common opinion, you can proceed to approval of the document. The charter is considered adopted if ⅔ of the participants vote for it. Such requirements are not specified in the legislation, but, as a rule, after adoption, the charter is laced and the pages are numbered. The completed document is given to the chairman for signature; the apartment owners do not sign the charter.
After completing the procedure for drawing up the charter, the HOA, along with the charter, is registered in the manner prescribed by law. The charter is kept by the chairman of the partnership.

Powers of the HOA board

First of all, the board of the partnership elects from among its members the chairman of the board of the HOA (Part 3 of Article 147 of the Housing Code). Therefore, in the HOA charter it is necessary to fix the term of office of the board and its chairman, as well as the HOA audit commission.

The maximum term of office is 2 years (Part 2 of Article 147 of the Housing Code). Here are the powers that are legally assigned to the HOA board:

1. Draw up estimates of income and expenses of the partnership for the corresponding year, reports on financial activities.

2. Conclude agreements for the management of apartment buildings.

3. Hire and fire workers to service the apartment building.

4. Conclude contracts for the maintenance, operation and repair of common property in the apartment building.

5. Maintain a register of partnership members, office work, accounting and financial reporting.

6. Convene and hold a general meeting of members of the partnership.

What to do if residents disagree?

In this case, owners can act as follows:

create an initiative group to make changes to the document;
leave the partnership;
file a lawsuit or contact the housing inspector.

A meeting may be formed to consider proposals for changes if the request comes from holders of 10% or more of all votes.

If the charter contains clauses that do not comply with legislative norms or contradict the interests of the owners of residential premises, then residents can contact the housing inspectorate with a request to conduct an unscheduled inspection of the HOA (clause 4.2 of Article 20 of the Housing Code of the Russian Federation).

If one of the members of the HOA completely disagrees with the provisions in the charter, and there are no other persons supporting him in this matter, he has the right to independently leave the partnership and receive utility services on the basis of a separate agreement concluded with the board.

Powers of the chairman of the HOA board

The charter must define the range of issues on which the chairman of the board has the right to make decisions independently (part 2 of article 119, part 2 of article 149 of the Housing Code). For example, give the chairman of the board the right to:

select contractors and enter into contracts with them on behalf of the partnership;
select and purchase materials, equipment and other products necessary for the maintenance of common property within the approved budget;
select and purchase the tools necessary to manage the apartment building within the approved budget (computer, desktop, subscription to a professional magazine, etc.)

What are the homeowners association bylaws and why are they needed?

The main document regulating the activities of the partnership is the charter of the HOA. Each such association of residents must have its own charter. This document is the legal basis for the creation of an HOA, the members of which must strictly comply with all the points specified in it. The rules prescribed in the charter regulate the objectives of the partnership, the structure of the association, operating principles and other important issues.

The charter of the HOA in legal significance follows immediately after the Housing Code of the Russian Federation and is the official constituent document, without which the partnership has no legal status.

Read about the pros and cons and other nuances of HOAs here.

Manager at HOA

The manager may be a citizen who was hired to perform management and administrative functions for the maintenance and repair of common property in the apartment building. The manager does not have to own property in the apartment building and be on the board of the HOA. A legal entity can also become a manager in an HOA.

The manager takes office by mutual agreement of the parties; a civil law or employment contract can be concluded with him. In an HOA, the decision to hire a manager is most often made by the board or chairman.

New sample HOA charter

In order to create a HOA in an apartment building, it is necessary to develop and make a decision to approve the current version of the HOA charter at the general meeting of owners of the premises of the apartment building. For this purpose, the portal’s lawyers developed a new standard version of the HOA charter. You can download a sample charter on this page.

Sample HOA charter:

CHARTER

HOMEOWNERS ASSOCIATIONS

1. General Provisions

1.1. Homeowners Association “______________________”, formed on the basis of the house (houses) N ____________ on the street ___________________________________________________________________________,

hereinafter referred to as the Partnership, is an association of owners of premises in an apartment building for joint management, ensuring the operation of a complex of movable and immovable property, ownership, use and disposal of common property in accordance with the Civil Code of the Russian Federation, the Housing Code of the Russian Federation and other legislative acts of the Russian Federation governing civil and housing legal relations.

1.2. Location (legal address) of the Partnership: _________________.

1.3. The Partnership is a non-profit organization. The Partnership has the right to carry out business activities in accordance with Art. 152 of the Housing Code of the Russian Federation.

1.4. Funds received by the Partnership as a result of economic activities, by decision of the general meeting, are used to pay general expenses in accordance with the Partnership's budget or are sent to special funds spent for the purposes provided for in the Charter, and are not subject to distribution among members of the Partnership in the form of dividends.

1.5. The partnership is a legal entity from the moment of state registration, has an independent balance sheet, current and other bank accounts, round and other seals with its name, a corner stamp, forms and other details necessary for carrying out business activities.

1.6. The Partnership may, in its own name, make any transactions that do not contradict the law and this Charter, acquire property and non-property rights, represent the general interests of the owners of premises in state authorities, local governments and other organizations.

1.7. The Partnership is liable for its obligations with all its property and is not liable for the obligations of the members of the Partnership.

1.8. The partnership is created without limiting the period of activity, unless otherwise provided by the Charter.

1.9. The Partnership is guided in its activities by this Charter, the Housing Code of the Russian Federation, regional laws, orders and resolutions, as well as decisions of the general meeting of members of the Partnership, if they do not contradict current legislation.

1.10. The partnership is created for the purpose of joint management by the owners of premises of a complex of real estate in an apartment building, ensuring the operation of this complex, ownership, use and, within the limits established by law, disposal of common property.

2. Economic activities of the Homeowners Association

2.1. To achieve the goals provided for by the Charter, the Homeowners Association has the right to engage in economic activities.

2.2. A homeowners' association may engage in the following types of business activities:

1) maintenance, operation and repair of real estate in an apartment building;

2) construction of additional premises and common property in an apartment building;

3) renting out part of the common property in an apartment building;

2.3. Based on the decision of the general meeting of members of the Homeowners Association, income from the economic activities of the Partnership is used to pay general expenses or is sent to special funds spent for the purposes provided for by the Charter of the Partnership. Additional income may be used for other purposes of the Homeowners Association’s activities, provided for by the Charter of the Partnership.

3. Rights of the Homeowners Association

3.1. The homeowners association has the right to:

1) conclude, in accordance with the law, an agreement for the management of an apartment building, as well as agreements on the maintenance and repair of common property in an apartment building, agreements on the provision of utility services and other agreements in the interests of members of the Partnership;

2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property in an apartment building, costs for major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as expenses for other expenses established by the Charter of the Partnership goals;

3) establish, on the basis of the accepted estimate of income and expenses for the year of the Partnership, the amounts of payments and contributions for each owner of premises in an apartment building in accordance with his share in the right of common ownership of common property in an apartment building;

4) perform work for the owners of premises in an apartment building and provide them with services;

5) use loans provided by banks in the manner and under the conditions provided for by law;

6) transfer material and monetary resources under the agreement to persons performing work for the Partnership and providing services to the Partnership;

7) sell and transfer for temporary use, exchange property belonging to the Partnership;

create an association of homeowners' associations for joint management of common property in apartment buildings.

3.2. In cases where this does not violate the rights and legitimate interests of the owners of premises in an apartment building, the Homeowners Association has the right to:

1) provide for use or limited use part of the common property in an apartment building;

2) in accordance with the requirements of the law, in the prescribed manner, build on, rebuild part of the common property in an apartment building;

3) receive for use or acquire land plots into common shared ownership of the owners of premises in an apartment building for housing construction, construction of utility or other buildings and their further operation;

4) carry out, in accordance with the requirements of the law, on behalf and at the expense of the owners of premises in an apartment building, the development of allocated land plots adjacent to such a house;

5) enter into transactions and other actions that meet the goals and objectives of the Partnership.

3.3. If the owners of premises in an apartment building fail to fulfill their obligations to participate in common expenses, the Homeowners Association has the right in court to demand forced reimbursement of mandatory payments and contributions.

3.4. A homeowners' association may demand in court full compensation for losses caused to it as a result of the failure of the owners of premises in an apartment building to fulfill their obligations to pay mandatory payments and contributions and pay other general expenses.

4. Responsibilities of the Homeowners Association

4.1. The homeowners association is obliged to:

1) ensure compliance with the requirements of Chapter 13 of the Housing Code of the Russian Federation, the provisions of other federal laws, other regulatory legal acts, as well as the Charter of the Partnership;

2) enter into agreements on the maintenance and repair of common property in an apartment building with the owners of premises in the apartment building who are not members of the Partnership;

3) fulfill obligations under the contract in the manner prescribed by law;

4) ensure proper sanitary and technical condition of common property in an apartment building;

5) ensure that all owners of premises in an apartment building fulfill their responsibilities for the maintenance and repair of common property in an apartment building in accordance with their shares in the right of common ownership of this property;

6) ensure compliance with the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for ownership, use and disposal of common property;

7) take measures necessary to prevent or terminate actions of third parties that impede or interfere with the exercise of the rights of ownership, use and, within the limits established by law, of the owners of premises with common property in an apartment building;

represent the legitimate interests of the owners of premises in an apartment building, including in relations with third parties.

5. Ownership rights to common property of premises owners in an apartment building

5.1. The owners of premises in an apartment building own, by right of common shared ownership, premises that are not parts of apartments and are intended to serve more than one premises in a given building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics , basements in which there are utility lines, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one premises, the land plot on which this house is located, with elements of landscaping and landscaping and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot (hereinafter referred to as the common property in an apartment building home). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.

5.2. The owners of premises in an apartment building own, use and dispose of common property in an apartment building within the limits established by civil legislation and the Housing Code of the Russian Federation.

5.3. Reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this building, including those who are not members of the HOA, through its reconstruction or modernization.

5.4. By decision made at a general meeting of owners of premises in an apartment building, common property in an apartment building may be transferred for use to other persons if this does not violate the rights and legitimate interests of the owners of premises in this building.

5.5. The land plot on which the apartment building is located may be encumbered with the right of limited use by other persons. It is not permitted to prohibit the establishment of encumbrances on a land plot if it is necessary to ensure access for other persons to objects that existed before the entry into force of the Housing Code of the Russian Federation. A new encumbrance of a land plot with a right of limited use is established by agreement between the person requiring such an encumbrance of the land plot and the owners of premises in an apartment building. Disputes regarding the establishment of encumbrance of a land plot with the right of limited use or the conditions of such encumbrance are resolved in court.

6. Determination of shares in the right of common ownership of common property in an apartment building

6.1. The share in the right of common ownership of common property in an apartment building of the owner of the premises is proportional to the size of the total area of the specified premises.

6.2. The share in the right of common ownership of common property in an apartment building of the owner of the premises follows the fate of the ownership of the specified premises.

6.3. When transferring ownership of premises in an apartment building, the share in the right of common ownership of the common property of the new owner of such premises is equal to the share in the right of common ownership of the specified common property of the previous owner of such premises.

6.4. The owner of the premises has no right:

1) to allocate in kind his share in the right of common ownership of common property;

2) alienate his share in the right of common ownership of common property in an apartment building, as well as perform other actions entailing the transfer of this share separately from the right of ownership of the specified premises.

7. Funds and property of the Homeowners Association

7.1. The Homeowners Association may own movable property, as well as real estate located inside or outside an apartment building.

7.2. The funds of the Homeowners Association consist of:

1) mandatory payments, entrance and other fees of members of the Partnership and owners of premises who are not members of the HOA;

2) income from the economic activities of the Partnership aimed at achieving the goals, objectives and fulfillment of the obligations of the Partnership;

3) subsidies to ensure the operation of common property in an apartment building, carrying out current and major repairs, providing certain types of utilities and other subsidies;

4) other income.

7.3. Based on the decision of the general meeting of members of the Homeowners Association, special funds may be formed in the Partnership and spent on the purposes provided for in the Charter. The procedure for the formation of special funds is determined by the general meeting of members of the Partnership.

7.4. The Board of the Homeowners Association has the right to dispose of the Partnership’s funds in its bank account in accordance with the Partnership’s financial plan.

8. Maintenance of common property in an apartment building

8.1. Owners of premises in an apartment building bear the burden of expenses for maintaining common property in an apartment building.

8.2. The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises, is determined by the share in the right of common ownership of the common property of the specified owner.

9. Membership in the Homeowners Association

9.1 Membership in the Homeowners Association arises from the owner of premises in an apartment building on the basis of an application for membership in the Homeowners Association.

9.2. If a Homeowners Association has been created in an apartment building, persons purchasing premises in this building have the right to become members of the Partnership after they acquire ownership of the premises.

9.3. Membership in the Homeowners Association is terminated from the moment of filing an application to leave the Partnership or from the moment of termination of the ownership rights of a member of the Partnership to premises in an apartment building.

10. Management bodies of the Homeowners Association

10.1. The governing bodies of the Homeowners Association are the general meeting of members of the Association and the board of the Association.

11. General meeting of members of the Homeowners Association

11.1 The General Meeting of members of the Homeowners Association is the highest governing body of the Partnership and is convened in the manner established by the Housing Code of the Russian Federation and the Charter of the Partnership.

11.2. The competence of the general meeting of members of the Homeowners Association includes:

1) amendments to the Charter of the Partnership:

2) making decisions on the reorganization and liquidation of the Partnership;

3) election of the board and audit commission (auditor) of the Partnership;

4) establishing the amount of mandatory payments and contributions for owners of premises in an apartment building;

5) the formation of special funds of the Partnership, including a reserve fund, a fund for the restoration and repair of common property in an apartment building and its equipment;

6) making a decision on obtaining borrowed funds, including bank loans;

7) determining the directions for using income from the economic activities of the Partnership;

approval of the annual plan on the financial activities of the Partnership and a report on the implementation of such a plan;

9) consideration of complaints against the actions of the board of the Partnership, the chairman of the board of the Partnership and the audit commission (auditor) of the Partnership;

10) adoption and amendment, upon the proposal of the chairman of the board of the Partnership, of the internal regulations of the Partnership in relation to employees whose duties include servicing an apartment building, provisions on remuneration for their labor;

11) determining the amount of remuneration for members of the Board of Directors of the Partnership;

12) making decisions on leasing or transferring other rights to common property in an apartment building;

13) other issues provided for by the Housing Code of the Russian Federation or other federal laws.

11.3 The Charter of the Homeowners Association may include the resolution of other issues in addition to those indicated within the competence of the general meeting of members of the Association.

11.4. The general meeting of members of the Homeowners Association has the right to resolve issues that fall within the competence of the board of the Association.

12. Procedure for holding and organizing a general meeting of members of the Homeowners Association

12.1. Notification of a general meeting of members of the Homeowners Association is sent in writing by the person on whose initiative the general meeting is convened, and is given to each member of the Association against signature or by mail (registered mail). The notice is sent no later than ten days before the date of the general meeting.

12.2. The notice of a general meeting of members of the Homeowners Association shall indicate information about the person on whose initiative the general meeting is convened, the place and time of the meeting, and the agenda of the general meeting. The general meeting of members of the Homeowners Association does not have the right to bring up for discussion issues that were not included in the agenda.

12.3. The general meeting of members of the Homeowners Association is valid if it is attended by members of the Partnership or their representatives with more than 50% of the votes.

12.4. Decisions of the general meeting of members of the Homeowners Association on issues included in the competence of the general meeting by the Housing Code of the Russian Federation are adopted by at least 2/3 of the votes of the total number of votes of the members of the Partnership:

1) amendments to the Charter of the Partnership;

2) making decisions on the reorganization and liquidation of the Partnership;

3) election of the board and audit commission (auditor) of the Partnership;

4) establishing the amount of mandatory payments and contributions of members of the Partnership;