On the reorganization of a multi-building homeowners' association through the withdrawal of one apartment building from it

The owners of one of the houses in a multi-household association may decide to leave the partnership

One of the homeowners' associations in Saratov united several apartment buildings at once and managed them based on decisions of general meetings of owners in these apartment buildings.

However, the residents of one of these houses held an OSS, at which they decided to leave the HOA and chose a management organization, approving the terms of the management agreement.

This decision and exit from the HOA did not suit some owners of premises in the building. They filed a lawsuit against the initiators of the OSS to declare the minutes of the general meeting illegal. The plaintiffs argued that there was no quorum at the meeting, and it was held in violation of the requirements of Art. Art. 44 – 46 Housing Code of the Russian Federation.

The courts were unanimous in their opinion regarding this dispute, declaring the OSS protocol invalid. But if the court of first instance focused its attention on checking the procedure for holding the meeting, the appellate court analyzed the owners’ compliance with the procedure for leaving the house from a multi-house HOA. Let's talk about this in more detail.

On what grounds, how and by whom is the liquidation of an HOA carried out?
28423
8

Risks of participation

Please be aware of these risks:

the shareholder is subject to the decisions of the management bodies of the cooperative, even if he did not participate in the meetings;
if the cooperative mismanages the construction project and additional costs arise, they will be borne by the shareholders;
a share cannot be sold to a non-member of the cooperative. See the link for the procedure for assigning rights of claim to housing cooperatives. This complicates the sale of an apartment before the date of payment of share payments and registration of ownership;
legal guarantees of Law 214-FZ “On Shared Construction” do not apply to members of the cooperative;
You cannot get a mortgage: banks do not accept shares of housing cooperatives as collateral.

If you think that after paying money you will wait until construction is completed, this form of home buying is not for you. The cooperative is suitable for those who are ready to control the construction process, read documents, go to votes - not for the indifferent.

Read the detailed description:

what is the difference between equity participation and a share in a housing cooperative,
why complaining to regulators should only be done as a last resort,
what responsibilities does membership in a cooperative entail?
What does a share payment agreement look like?

The exit of one house from a multi-house HOA is carried out by separating the apartment building from the partnership

The owners at the general meeting must choose one of the methods of managing an apartment building: by organizing an HOA/cooperative, concluding a management agreement with the management company, or, if the building has less than 30 apartments, choosing a direct method of management (Part 2 of Article 161 of the Housing Code of the Russian Federation).

Owners have the right to organize an HOA, which will include several apartment buildings at once (Part 1, Article 135 of the Housing Code of the Russian Federation). If the owners in one of the apartment buildings that are part of a multi-house partnership decide to leave it: organize a separate HOA or sign a management agreement with the management company, then they must follow the requirements of Art. 140 of the Housing Code of the Russian Federation on the reorganization of the partnership.

Norms Art. 140 of the RF Housing Code suggest two ways to reorganize an HOA, which includes several apartment buildings: division and separation (parts 3, 4 of Article 140 of the RF Housing Code). The election by the owners of the residential premises of the house of a different method of management means the need to reorganize the HOA in the form of a spin-off. Part of the rights and obligations of the previously created HOA will be transferred to the selected management organization.

In accordance with Art. 57 of the Civil Code of the Russian Federation, the reorganization of a legal entity occurs by decision of its founders. If the residents of an apartment building that is part of a multi-building HOA decide to separate from it, then, in accordance with Part 4 of Art. 140 of the Housing Code of the Russian Federation, such a decision is made at the OSS by a majority vote of the total number of votes of all owners of premises in a given building.

At the same time, the owners of a separate house do not require the consent of residents of other apartment buildings who are members of the HOA for the allocation. This follows from the norms enshrined in Parts 2 and 3 of Art. 161 of the Housing Code of the Russian Federation: owners can change the way they manage their home at any time.

Why is an HOA audit commission needed and what does it do?
20121
5

Liquidation of housing cooperatives: step-by-step instructions

To liquidate a cooperative you must follow the following rules :

Hold a general meeting of homeowners, according to section , and 47 of the Housing Code of the Russian Federation to determine issues -
creation of a liquidation commission;
Grant the chairman of the cooperative the authority to make notifications to the territorial department of the Federal Tax Service.
A liquidator is selected when the enterprise did not carry out activities; if such activities were carried out, a liquidation commission .
The votes are counted and minutes of the meeting are formed.
To the territorial department of the Federal Tax Service form N P15001 is drawn up “Notification of a decision to liquidate a legal entity” provided by the chairman of the community.
The document is reserved by the signature of the applicant, which in turn is registered by a notary representative , and data from the passport or other document of the applicant must be indicated in accordance with the legislation of the Russian Federation and TIN.
Sample minutes of the general meeting on the liquidation of the HOA.
Form form N P15001.
Read also: Who is the owner of an apartment, how to become one and what rights does he have?
Sample notice of liquidation of a legal entity - Form No. 15001.
So that the notarization has only the signature of the chairman with the inscription “ credentials verified .”
The application is accompanied by a protocol in a bound and numbered copy , with the signature of the same authorized person in the place of the binding.
In return, a receipt will be provided from these authorities indicating the exact date when you can pick up 2 certificates and an extract. They must be picked up on the specified date, otherwise they will be sent by registered mail.

When reorganizing the HOA by allocating a house, a transfer deed is drawn up

The procedure for carrying out the reorganization is determined by the provisions of Part 1 of Art. 57, part 4 art. 58, art. 59 of the Civil Code of the Russian Federation. So, in accordance with Part 4 of Art. 58 of the Civil Code of the Russian Federation, when separating one apartment building from a multi-building HOA, a transfer act must be drawn up, according to which the rights and obligations of the reorganized HOA in relation to this house are transferred from the HOA to another legal entity (new HOA/MA) or owners.

The requirements for the composition of the transfer act are contained in Part 1 of Art. 59 of the Civil Code of the Russian Federation. It must be approved by the general meeting of owners of premises in an apartment building, which “leaves” the multi-building HOA.

Drawing up an application

The application is written by hand in a standard form:

A cap is formed in the upper right corner, which indicates the name of the organization and the full address, from whom, and where the member of the organization lives.
After the words “statement” it is indicated that with this document the citizen notifies of his withdrawal.
At the end there is a date and signature.

Application for leaving the housing cooperative: sample.

There is an even more complete version, which further describes the motives for leaving.

It turns out that the company is liquidated in all of the above cases - this is reorganization, bankruptcy, and on the company’s own initiative, all of which imply the termination of the existence of a legal entity. However, each method has its own nuances, for example, when powers are transferred to the successor. There is also a difference whether the liquidator or the liquidation commission is involved in the procedure.

On a note

The owners of premises in an apartment building that is part of a multi-building HOA have the right to change the management method at any time. To do this, they must initiate the reorganization of the owners' association by separating their home from it.

To separate from the HOA, the owners do not need the consent of the residents of other houses included in the partnership: such a decision is made at the OSS in a particular house. This is interpreted as a change in the method of controlling the MKD.

The agenda of the OSS should include issues about the reorganization of the HOA in the form of a spin-off, and approval of the procedure for such reorganization. After this, the owners must decide to create their own HOA or enter into an agreement with a management organization.

How to resolve issues with creditors, where to go?

Place a notice of the liquidation of the company , according to the timing and procedure for creditors to submit their claims in the state registration bulletin . Such information is carried out at the time of drawing up the document.

At least 2 months must expire from the date of publication for claims to be made.

Based on the results of identifying creditors and receivables, the liquidation commission notifies them in writing about the elimination of the community .

After submitting an electronic sample to the publishing house, a check for payment is received , payment is made and a printed paper with a covering letter is sent through the program with the provision of all necessary documents.

After 60 days have passed and all checks have been carried out by creditors, the commission forms an interim liquidation balance sheet , it contains information about:

the composition of the property of this legal entity - which is compiled through a single meeting with the appropriate agenda;
list of claims made by creditors;
providing results of their consideration.

The liquidator submits a document with an interim balance in 3 copies to the IFMS department.

If the amount of money is insufficient to pay creditors, the community's property is sold at auction , in accordance with the requirements prescribed for the execution of the court's findings. If these actions are not sufficient to pay off the loans, the liquidation commission submits an application to arbitration for bankruptcy of the legal entity .

Sample application for declaring a debtor bankrupt.

After payment of all payments, a liquidation balance is formed , according to an already existing scheme through a single meeting, the purpose of which is to consider the issue that has arisen.

These papers are submitted to the IFMS department of the relevant territory in 3 copies.

Prepare and submit form N P16001 “Application for state registration of a legal entity in connection with liquidation” to the local registration authority.

Application form according to form No. P16001.

Sample of filling out form No. P16001.

Surely you will be interested in the accounting department of housing cooperatives for mortgages. On our website you can also find information about:

property rights in housing cooperatives;
board;
chairman;
payment of shares;
agreement;
and differences between preschool educational institutions.

What is stated in the complaint?

A complaint can be written to the following supervisory authorities:

The prosecutor's office.
State housing inspection.
Rospotrebnadzor.

You can write a complaint to several authorities at the same time. A complaint is written according to one type: the essence of the problem that has arisen is described, and the person responsible for its occurrence and elimination is described. The complaint also indicates the contacts of the housing cooperative and its behavior after you reported the problem.

ATTENTION! . It is advisable to attach your correspondence with the housing cooperative to the complaints to make it easier to establish the fact of violation of the law.

Challenging decisions

Challenging a decision is possible in two cases:

if the legal form of its adoption is not observed;
if the essence of the decision contradicts the legislation or the charter of the organization itself.

In both cases, the decision can be challenged by filing a lawsuit in court.

Cases from judicial practice were considered above, where one plaintiff managed to challenge the decision, but the other did not. The decisive factor in the trial are the documents that must accompany the decisions of the housing cooperative, as well as the testimony of residents and board members.