Why are applications for joining and leaving a housing association needed and how to draw them up correctly?

Home » Membership in the HOA » Application for joining the HOA in 2021

In accordance with Article 143 of the Housing Code of the Russian Federation, membership in a homeowners' association arises from the owner of premises in an apartment building on the basis of an application to join the homeowners' association.

There is no officially approved application form for joining a HOA.

Our portal recommends adhering to the following rules for registering and submitting an application to join a homeowners' association.

Registration and submission of an application to join the HOA

1. It is necessary to make an application in writing (preferably using computer technology).
2. In the application, indicate the following details: - to whom the application is addressed: name of the HOA, address of the HOA, surname and initials of the chairman of the board; - on whose behalf the application is being submitted: last name, first name, patronymic of the applicant (or the name of the legal entity and the last name, first name, patronymic of its representative), address of the applicant, contact telephone number, contact email address, for a legal entity it is also advisable to indicate the OGRN and TIN, for It is also advisable for an individual to indicate passport details; — information about the premises owned by the applicant: name, address, area; — information about documents confirming ownership of residential or non-residential premises in an apartment building: certificate of ownership or extract from the Unified State Register of Real Estate (series and number of document, date of document, type of ownership, date of registration of ownership); — intention to become a member of the HOA; — applicant’s signature, date;
3. The application must be submitted to the HOA board with the obligatory receipt of an incoming mark confirming receipt of the application by an authorized person: date of receipt, signature, position, surname and initials, incoming number, stamp or seal of the HOA. If the HOA refuses to put an incoming mark, we recommend sending the application by valuable letter with a list of the attachments. At the same time, in the inventory of the investment, be sure to write: “An application by such and such a person to join the HOA of such and such.”
4. From the moment the HOA receives your application, you will become a full member of the partnership. No approvals or permissions from the governing bodies of the HOA (general meeting of members, board, chairman of the board) are required to join the partnership.
5. Based on your application for membership, you are required to be included in the HOA register and given all the rights of a member of the partnership, including the right to participate in the general meeting of members. Also, from this moment on, you bear all the responsibilities of a member of the HOA, including the payment of mandatory contributions established in the partnership.
6. If you submitted an application to join, but you were not included in the register of members of the partnership or your rights are otherwise ignored, then you can go to court.

Positive and negative aspects of HOA membership

Before joining a partnership, you need to evaluate the pros and cons of membership. Only the accountant and the chairman and members of the board receive salaries in the HOA. Other representatives of this organization are not entitled to remuneration.

The basis for payment is the decision of the general meeting of the HOA. The financial advantages of membership in an HOA can manifest itself in the fact that a citizen does not pay housing and communal services.

The positive points are:

• the ability to influence the resolution of issues related to the management of the house;
• interaction with various local authorities, which allows reducing costs and time for providing services in the housing and communal services sector;
• creating a favorable environment in the house, in particular, by renovating entrances;
• competent distribution of financial resources located in the general fund;
• organization of control over the activities of work carried out in the premises.

The disadvantages are that in practice it is difficult to make a single decision, as conflicts occur. The reason for this is the residence of representatives of different social groups in the same house. In addition, resolving issues independently entails the need for financial investments.

Consequences of becoming a member of an HOA

After a citizen becomes a member of an HOA, this action entails certain consequences. They are expressed in the form of powers and obligations, negative and positive aspects reflected above. The process of joining the ranks of the partnership is voluntary, this indicates the possibility of refusing to participate in the activities of the organization .

In this case, the person is not deprived of the opportunity to receive information regarding the management of the house and appeal the decisions made by the HOA. This applies to accounting-type documentation, minutes of meetings, and technical acts.

The provisions of Article 138 of the Housing Code of the Russian Federation indicate that legal relations between persons who are not members of the partnership and the HOA are formed on the basis of civil law norms.

These rules are used when deciding on the payment of fees for the use of premises and holding individual events. According to established practice, becoming a member of an HOA is recommended for those citizens who have a desire to take an active part in the life of their home.

How to become a member of the HOA?

repair, reconstruction, implementation of special

• establishing the amounts of contributions and payments for each owner individually, according to his part in the right of common ownership;
• performing work and providing services to homeowners;
• use of bank loans;
• transfer of material resources to persons performing work and services;
• sale and transfer for temporary disposal of property owned by the HOA;
• acquisition of ownership of plots of land for the purpose of carrying out work on housing or household construction.
  objects; concluding transactions and solving other problems in the interests of the HOA.

  The responsibilities of the HOA are spelled out in, and include the following areas:

  1. ensuring compliance with the norms and laws of the Russian Federation;

  conclusion of agreements related to the maintenance and repair of property located

What are the validity periods?

As a rule, the validity period of such paper is established by the Charter of the partnership, and in practice - until the meeting is held, usually about 30 days .

The main thing is that the submitted information does not change, otherwise the document will cease to be valid, regardless of the Charter and other requirements, since the information about the owner will be unreliable.

You can download a sample staffing table and charter of the organization on our website.

Document form

• Sample application (full list of documents)
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• Application for admission of an individual as an external auditor to the organization of self-government of state auditors
• Application for selection of investment portfolio (management company)
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Charm usually serves evil, sometimes good, and never justice. (Absalom the Underwater)

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Underwater rocks

Creating an HOA can be an excellent solution, but it can create even more problems associated with the maintenance of common property. Therefore, when joining an organization, you should take into account all the nuances:

1. owners do not always manage to achieve a unanimous decision on a particular issue. For example, if we are talking about a rather expensive roof repair, then only residents of the upper floors will support it. This also applies to the maintenance of the elevator.
2. For most partnerships, it is not profitable to maintain specialists (an accountant, lawyer or electrician), so their functions are often performed by incompetent persons.
3. In new buildings or buildings with a large number of apartments, many residents do not know each other, which leads to additional problems. And it is difficult to gather a large number of residents for a quorum.
4. Many questions arise about the chairman. Despite the fact that he performs rather only representative functions, such positions are often used for personal enrichment. Hiring a professional from outside is again unprofitable, since the residents will have to pay salaries.
5. But most of all, HOAs have problems with paying utility bills and other bills. It is very difficult to collect these funds from defaulters, and with large debts, conflicts with suppliers arise.

Whether to become a member of the HOA or not is a personal matter for each owner.

On the one hand, in this way you can influence the standard of living in your apartment building, on the other hand, this requires additional time, effort and the availability of appropriate knowledge.

Does the paper need to be registered?

Such documents are not subject to registration by law, but, as a rule, the secretary registers them as incoming correspondence : this makes it easier to control the paperwork and not miss the applicant in the process of preparing for the meeting.

This incoming number is written upon receipt on the second copy, but it will not be a violation if a representative of the board indicates his last name, signs and dates it.

Read our article about how to elect the chairman and members of the board.

Who draws up and certifies?

Anyone can draw it up, the main thing is to do it clearly and correctly, but you must sign it yourself.

A representative of the board of the partnership must verify the accuracy of all information provided.

This representative may be an accountant, secretary, and in his absence as such, the chairman or another member of the board. This person must put a signature on the second copy confirming that the document has been received by the board.

In a situation where it may turn out that the issue of membership of a particular person has not been submitted to the general meeting, and the lack of appeal will be indicated as the motive, the second copy will come in handy.

Find out from our articles about how and where to complain about or leave an HOA, as well as how to declare it bankrupt.

We draw up the contract correctly

The drafting of an agreement concluded between the HOA and the participants is regulated by legislative norms and constituent documents. The contract must contain the following information:

1. full name of the parties. The position of the person representing the HOA, the address of the organization and contact information of the member of the partnership are also indicated.
2. Subject of the agreement. Contains all necessary items, including utilities, additional payments, repairs, etc.
3. Rights and obligations of the parties.
4. Duration of the agreement.
5. Conditions for termination of the contract.
6. Resolution of disputes.

Typically, such agreements are standard. Therefore, when joining an organization, but if one of the parties is a partnership, then there are some nuances. For example, the document must contain the rules for the content of the MKD, the procedure for paying various payments, membership fees, etc.