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Who can join the partnership?

An HOA is created by homeowners—the owners who live in the building. This norm is enshrined in Art. 143 Housing Code of the Russian Federation. Hence the simple conclusion - a member of the HOA can be the owner living in the house .

An agreement for the maintenance and management of the house cannot be signed between non-owners of the property (even if they live in the apartment building) and the HOA.

According to Article 143 of the Housing Code of the Russian Federation, a person who does not own real estate will not be able to become a member of the partnership.

Regarding the age for joining the ranks of the partnership, there are no restrictions in the Housing Code of the Russian Federation. But a minor child, due to his legal capacity, will not be able to fully become a full-fledged member of the HOA .

The execution of legally significant actions, decisions, and ensuring his rights rests with guardians, parents or designated persons. Accordingly, a minor will not be able to make full decisions along with other members of the HOA.

Membership in the HOA is possible only by application

According to Part 1 of Art. 143 of the Housing Code of the Russian Federation, membership in the HOA arises from the owner of the premises in the apartment building on the basis of an application to join the homeowners’ association.

It is important to remember that voting at a general meeting of owners for the creation of an HOA does not replace the filing of such an application. There is a practice when the initiators of the OSS, when holding a meeting on the creation of an HOA, attach applications for membership in the HOA to the forms of decisions and ballots.

Owners of premises have the right, but not the obligation, to become members of the partnership. This is established by Part 2 of Art. 143 Housing Code of the Russian Federation.

Membership in the homeowners' association is terminated from the moment of filing an application to leave the HOA member or immediately after the termination of the ownership rights of the HOA member. It is impossible to forcibly restrain a person who wants to leave the HOA.

The argument that membership in an HOA is possible only upon application is confirmed by established judicial practice. The presence of an application is the only condition for the establishment of membership in the partnership.

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How to join?

An owner who wishes to become a member of the partnership must submit a corresponding application to the chairman. Also, the owner will need to provide the following documents:

• registration certificate;
• a document confirming ownership - a contract of purchase or inheritance, gift, etc.;
• extract from the state register.

Important! The main document confirming a citizen’s rights to real estate is an extract from the state register. Without an extract, all other documents have no legal force, so an application to join the HOA cannot be considered without it.

After the application is submitted, the owner's request to become a member of the partnership is considered by the board of the HOA. It must submit its decision on the issue to the general meeting.

The general meeting of residents approves the final decision whether or not to accept a new member into its ranks. The issue at the meeting is decided by simple voting, a majority vote. The result of voting on the admission of a new member to the HOA is recorded in the minutes of the general meeting of members of the partnership and data about the new arrival is entered into the register of members of the partnership.

How to become a member of the HOA

All that is required from the owner of the premises is to write an application for admission. This application will then be considered at a meeting of the board members. After the application is approved by the board, the consent of the remaining participants of the partnership is obtained. The holding of the meeting is recorded in the minutes, on the basis of which the members of the board will act.

Download the Application for joining the HOA (form) (25.5 KiB, 270 hits)

If the homeowner has not reached the age of majority, on a general basis, powers are transferred to adults - parents, legal representatives of the child.

If it is impossible to attend the meeting, the right to vote is transferred by proxy. To enable voting by proxy, you must present a power of attorney and record its presence in the protocol.

Responsibilities and rights of the participant

All terms of interaction between the HOA and the new participants are fixed in the contract. The main points of the document include a list of powers and responsibilities of each party. The text of the agreement should not contradict the law and include the set of rights and obligations that are provided for in the charter documentation of the partnership.

Download a sample contract with the HOA for maintenance (109.5 KiB, 363 hits)

Owner's agreement with the HOA (form) (47.5 KiB, 285 hits)

By transferring responsibility for maintaining the technical serviceability of the equipment of the HOA, the member of the partnership receives the obligation to promptly transfer payments accrued according to the receipt.

To maintain participation in the society, the apartment owner must attend annual meetings of the organization and cast his vote for the renewal of the contract.

Members of the HOA have the right to vote when making decisions regarding the disposal of the common property of the apartment building, and can propose candidates to the board of the organization. Each participant can put forward ideas aimed at improving the house and improving living conditions.

The list of who can join the HOA includes ordinary citizens and legal entities, if the MKD includes real estate owned by organizations.

What is a registry?

At its core, this document is a list of members of the partnership. According to clause 4 of Article 143 of the Housing Code of the Russian Federation, it contains expanded information about each of them, including the size of the owner’s share in the common property.

Owners in a partnership are required to provide the HOA with information about their property and all changes to their real estate.

The title page of the document must contain the following information about the partnership:

• name of the locality where the HOA is located;
• date of its creation;
• full and short name;
• full physical address;
• registration authority, its full name;
• date, registration number;
• the total area of ​​the house and the area of ​​residential and non-residential premises;
• the total area of ​​housing of the members of the partnership, the share of the HOA in the total area of ​​the house (the share is indicated in %, area in sq.m.);
• common property of HOA members, in sq. m. and percent;
• common property of non-members of the partnership;
• Full name of the person responsible for maintaining the register.

The register must also

• serial number in the register, apartment number;
• Full name (full);
• contact details, including email;
• title documents for housing;
• share in common property (in percent);
• handwritten signature of the member;
• signature of the person responsible for the register.

The register must be stitched, numbered, and sealed with the seal of the partnership. The number of members included in the homeowners association and entered into the register is not limited in any way. The main thing is that there should be at least 50% of all owners of the house (Article 143 of the Housing Code of the Russian Federation, and clause 3 of Article 135 of the Housing Code of the Russian Federation), otherwise the HOA will be declared invalid.

Note! According to clause 9 of Article 138 of the Housing Code of the Russian Federation, once a year, in the first quarter, a copy of the register is sent to the government agencies of municipal housing control. The list of these bodies is contained in clause 2 of article 20 of the RF Housing Code.

Rights of a homeowner and his responsibilities

The Housing Code of the Russian Federation gives members of HOAs certain rights, as well as responsibilities. They are assigned to them in Article 30, Article 45 and Article 46.

In their daily activities, members of the partnership must be guided by the Charter, which specifies the above legislative norms in relation to the conditions of a single HOA.

The basic rights of HOA members include the following:

• each owner has the right to join or leave the partnership;
• dispose of his property as he sees fit;
• a member of the partnership may use any property of the partnership;
• has the right to directly participate in the work of the HOA;
• has the right to express his opinion;
• may nominate and be elected to the board of the HOA, be its chairman, a member of the control bodies of the partnership, the audit or counting commissions.

The responsibilities of the members of the partnership are as follows:

• compliance with established rules, making timely contributions (the owner bears personal responsibility for non-payment);
• the owner is obliged to promptly notify the board of changes in the composition of his property and any others;
• maintain the housing in order, carry out repairs in the apartment at your own expense;
• use residential and non-residential premises located in the house only for their intended purpose;
• comply with sanitary, fire safety and other rules related to the use of housing;
• at his own expense, repair common property or compensate for damage caused to it, if he or his family members are to blame for the incident;
• does not have the right to disclose confidential information about the activities of the HOA;
• warn about your decision to convene a meeting of the HOA at least 10 days in advance.

For violation of these requirements, a member of the HOA may incur either administrative liability or liability within the framework of the statutory requirements.

Legal status

The legal status of HOA members is determined in Chapter 14 of the RF Housing Code. The law establishes that legal relations arise from the moment the partnership is created, the owners join it, and end with the termination of membership in the HOA (Article 143 of the Housing Code of the Russian Federation).

A partnership cannot exist if its membership is less than 50% of the total number of homeowners living in the building.

Chapter 14 of the Housing Code of the Russian Federation also defines and establishes the organizational structure of the HOA and its governing bodies. The law establishes that the supreme body of the partnership is the meeting of owners . The operational body is the board. The structure must also include supervisory bodies - these are the audit and counting commissions.

The LC also determines the basic rights of members, as well as their responsibilities. We have already talked about this above.

Reference! The law requires transparency of the partnership's activities, both financial and economic. Each member of the partnership has the right to familiarize themselves with any documents of the HOA, ask and receive an answer to any question regarding the activities of the partnership.

Rules for living in the house

The general meeting of residents approves the rules that must be followed by all owners who are and are not members of the HOA, tenants, as well as family members of all those living in the house. The rules must be based on the norms of current legislation, the charter of the partnership, sanitary and fire safety requirements for the maintenance of the house.

How does a HOA member report leaving the partnership?

As a rule, all methods and procedures for terminating membership in an HOA are prescribed in the charter of the partnership. If the owner decides to leave the partnership, he submits an application to the HOA board.

The procedure for expulsion from the partnership is as follows:

1. The owner writes a letter of resignation from the HOA.
2. The owner sends the application by registered mail or delivers it personally to the HOA board. In the second case, confirm receipt of the letter by signing.
3. The HOA board must reissue receipts for housing and communal services, since the owner who has refused membership in the HOA must pay for maintenance and repairs at different rates.

Remember that you must formalize the withdrawal of a member of the partnership on the day you receive the application. There are no provisions in the legislation that could forcibly extend participation in the HOA or delay the owner’s exit from the partnership.

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Protocol

After the owner becomes a member of the HOA, he has every right, on an equal basis with other members, to take part in general meetings of residents. It is this meeting that is the main body that makes all important decisions on the management of the MKD by voting.

Note! Any result of a meeting of HOA owners must be recorded in the minutes.

The protocol is a standard document consisting of three parts:

• Preamble , introductory part - it contains all the information about the partnership itself, the number of members in the HOA who arrived at the meeting, the decision to open the meeting or cancel it if there is no quorum.
• The main part is the agenda, debate on each issue.
• Resolution - contains the results of voting on each issue.

Attached to the minutes are notices of the meeting that were sent to each member prior to the meeting, ballot papers, and a list of those present. These applications are considered an integral part of the protocol.