Creation of HOA - highlights
Article 61 of the RF Housing Code obliges allproprietors of apartments (living quarters) choose a way of managing a dwelling house - directly by the owners, a housing cooperative (a partnership of owners) or with the help of a management company. The most optimal option is the creation of a condominium association (homeowners' association). Its advantage is the ability to control the organizations-providers of public services and protect the interests of ordinary owners, minus - the cost of creation and operation.
Before you create a HOA, you should understandlegal foundations of the creation process. The LC in Article 135 for HOA is understood by a non-profit association of apartment owners of an apartment building with the purpose of general management of the property of the house and ensuring its operation within the limits established by law. HOA can be arranged in any of the apartment buildings, regardless of the number of apartments owned, or to combine several neighboring houses.
Creation of HOA involves the selection of one of theoptions for the list of his powers - independent maintenance and repair of common premises of the house or the implementation of only management functions. The process of creating it can be divided into several stages.
Before arranging HOA, it is necessaryhold a preliminary meeting. When preparing it, a group of initiators should develop a list of key issues and a specific framework for the activities of the partnership to put on the agenda. At the agitational stage, it is necessary to explain to all tenants the meaning and benefits of creating a new structure, to bypass the apartments and deliver summons with the date of the meeting (or send it by mail). Not later than 10 days before the meeting, it is necessary to post announcements in indicating the place and date of the meeting and the agenda.
The initiative group, in addition, shouldcontact the administration of the settlement with an invitation to the meeting of the representative of the administration, who will answer the questions of the tenants. Also in the administration you can get lists of premises of a residential building to determine the proportion of apartments in private and municipal ownership in the total area of the house.
At the first meeting, the owners chooseform of house management. Creation of HOA is possible only if not less than 50% of owners voted for it. Moreover, the distribution of votes is possible (by common decision), depending on the size of the occupied housing, as well as the number of residents or the number of apartments. According to the law, the constitutive document of the HOA is its charter. Members of HOAs have the right to be owners on their applications. Thus, the first meeting of future members of the HOA must, in addition to the above, approve the charter of the partnership, elect the members of the management board and the audit committee. It is necessary to elect the chairman and secretary of the meeting, to ensure a quorum (otherwise the voting results will be invalid) and to register the present. If it is not possible for a mass appearance, there is a variant of absentee voting on the issues under consideration.
Creation of HOA should be registered inthe established procedure, information on it is included in the register of legal entities. It is also necessary to register the newly established partnership with the tax authorities, open a settlement account in the bank and notify the creation of the Housing Commission by providing copies of registration documents.
After state registration, managementhouse is transferred to the management of the HOA. The transfer is carried out by a special commission with the participation of representatives of government bodies and representatives of the partnership. At the same time, an act of transferring the house with the necessary documentation is drawn up.
Now HOA has the right and is obliged to conclude contracts with service providers and, accordingly, to charge utility payments to residents of apartments of any form of ownership of their home.
