They want to give members of housing cooperatives created during the bankruptcy of the developer the right to receive compensation

Supervising body of housing cooperative activities

According to Art. 123.1. The controlling body of the housing complex of Russia is the body of the executive branch of government of the constituent entity of the Russian Federation on whose territory the construction of an apartment building is taking place, which is authorized to carry out state supervision in the field of shared-equity construction of real estate, including to minimize the risks of bankruptcy of the housing cooperative.

Article 123.2. The Housing Code of Russia regulates the procedure for exercising control over the functioning of a housing cooperative. According to this law, the supervisory authority exercises control over the progress of the activities of housing cooperatives, which is associated with the conclusion of agreements with shareholders to attract their finances used for the construction of an apartment building (including control over the correctness of accounting), as well as ensuring that housing construction The cooperative complied with the requirements set out in Article 110, paragraph 3 of the Housing Code, except for the subsequent maintenance of the house, which implies:

after joining the cooperative, participation of its members with their own funds in construction and reconstruction in accordance with the provisions of the concluded agreement and current legislation;
the legislation on urban planning activities determines that the cooperative acts as a developer and, on a plot of land that belongs to it, ensures that construction work or reconstruction of the house is carried out in accordance with the permit that was issued to it;
According to the law, housing cooperatives do not have the right to carry out the simultaneous construction of more than one house, the number of floors in which is more than three. The exception is cooperatives, the grounds for the creation of which are provided for by the Federal Law “On Promoting the Development of Housing Construction.”

In addition, the housing cooperative must comply with the requirements specified in Article 123.1. LCD, which determines that it must place in the system the statute of the cooperative, for the preparation of which the standard charter of the housing cooperative must be used, as well as other documents and data, namely:

number of organization members;
permission to build an apartment building;
rights of the cooperative to a plot of land;
the location of the house being built and a description that corresponds to the design documentation;
the number of residential premises in the house that will be transferred to shareholders after fulfilling the terms of the contract, and a description of the technical characteristics of this property;
commissioning period, etc.

The housing cooperative must provide members of the organization upon request:

when conducting an examination of project documents - its conclusion;
design documentation with all changes made;
documentation that confirms the rights to a plot of land;
minutes of the general meeting; board meetings signed by the chairman; as well as the audit commission of housing cooperatives; accounting documents, etc.

The housing cooperative must keep records of its members by maintaining an appropriate register, which indicates:

Full name or name of an individual or legal entity, number of the agreement with him, which confirms the fact of joining the cooperative;
determination of specific property, the ownership rights to which will pass to a certain person upon full payment of the share contribution;
the amount of contributions fixed in the agreement of each person in respect of whom records are kept, the payment of which is mandatory for obtaining ownership of the property.

On what grounds is bankruptcy possible for a cooperative?

Initiating bankruptcy proceedings for a cooperative is impossible without compelling reasons.

Based on the provisions of Article 189.16 No. 127 of the Federal Law, such grounds are:

The amount of debt to creditors is from 100,000 rubles and above. Conditions for the payment of debts are not fulfilled within two weeks from the date of their occurrence.
If the KPK is unable to repay the debt within two weeks from the date the court decision enters into legal force.
Bankruptcy of a cooperative is possible if the total price for the property of the cooperative is less than its debt to creditors.
If the interim administration failed to make the KPK financially solvent.

In addition, Article 189.2 of Law No. 127-FZ provides secondary grounds for declaring a cooperative bankrupt.
The following conditions must be met:

Violations of legal provisions regarding the functioning of CPCs and financial institutions in general must be recorded.
The control authority must issue an order that the cooperative no longer has the right to operate.

The control body of the CPC is the Federal Service for Financial Markets of the Federal Financial Markets Service. This is exactly what is stated in government decree No. 717 of August 29, 2011.

Rights of state housing supervision

The supervisory authority, when exercising supervision, has the right by law to:

request from the executive body, which is authorized to generate official statistical information, documentation that is necessary to perform its functions;
receive from the local government structure the documentation necessary to control the activities of housing cooperatives;
carry out a scheduled audit of the activities of the housing cooperative, including an audit of accounting;
put forward demands to the chairman of the board and its members to eliminate identified violations, including in accounting;
consider complaints from individuals and legal entities that are related to violations of the Housing Code of Articles 110 and 123.1 of the Housing Code of Russia;
submit applications to the court to protect the rights and interests of shareholders and third parties, which are determined by law and the agreement with the cooperative, if they are violated, which may lead to bankruptcy of the cooperative;
send orders to the housing cooperative to eliminate violations, including those identified in accounting, and set deadlines for their elimination;
take measures that are necessary to bring the housing cooperative, the chairman of the board and other officials to liability established by law.

If a housing organization represented by the chairman of the board, within the term established by the control body, does not comply with its instructions and does not eliminate identified violations, as well as if such violations pose a threat to the interests and rights of members of the non-profit organization, which are established by law and agreement, such body has the right to suspend, by its order, the activities of the housing cooperative for the entry of new shareholders until the chairman of the board ensures the elimination of identified violations, which may include incorrect accounting, which can lead to bankruptcy or liquidation of the cooperative.

If the chairman of the board and management bodies do not ensure compliance with the instructions of the supervisory authority, including in matters related to accounting, he has the right to apply to the court, demanding the liquidation of this organization or initiating bankruptcy proceedings.

During the bankruptcy procedure, the housing cooperative is liable to the shareholders with whom the agreements are concluded and to the creditors for its assets and other property.

Grounds for the bankruptcy procedure of housing cooperatives

If we are talking specifically about the liquidation procedure of a housing construction cooperative through bankruptcy proceedings, then it should be noted that it can only be carried out if the appropriate decision is made by the Arbitration Court. In turn, such a decision can be made if it has been proven that a legal entity has failed to fulfill its obligations, including due to the dishonesty of its leaders in the person of the chairman and board of the cooperative.

The initiators of a claim submitted to arbitration can only be creditors or contractors who interacted with the cooperative. Members of such a legal entity can only clarify their requirements during the period of compiling registers of financial claims and property claims.

Filing a claim for bankruptcy of a housing cooperative can be carried out on the following grounds:

the cooperative's expenses exceed its income , as a result of which this type of functioning of a legal entity is recognized as unprofitable;
systematically recorded violation of the requirements of current legislation in terms of financial legal relations, the correction of which is not possible;
loss of solvency , which occurs gradually or was recorded immediately.

One or more of the grounds listed above can be chosen as the basis for filing a claim, however, they will need to be confirmed from a documentary point of view, since, otherwise, the claim may be denied.

Subject of inspection of the activities of a housing construction cooperative

According to the law, the subject of supervision over the activities of housing cooperatives, which is related to the attraction of finance under agreements with shareholders for the construction of an apartment building in order to obtain ownership of the property, should be considered compliance with all the requirements contained in Art. 110 paragraph 3 and art. 123.1. Residential complex of Russia.

There are two forms of verification:

documentary;
away

The first is carried out at the location of the supervisory authority and involves the study of the organization’s documents that are at the disposal of the supervisory authority, reports of previous inspections, reports of the chairman of the board of housing cooperatives on the elimination of violations identified during their inspections, etc.

If representatives of the regulatory body have reason to doubt the reliability of the information, they are legally entitled to send a request to the chairman of the board of housing cooperatives asking for additional documents (contracts, accounting documentation, etc.).

If the response received does not satisfy the inspection body, an on-site inspection may be scheduled. Unsatisfactory inspection results and failure to comply with the instructions of the regulatory authority may lead to bankruptcy or liquidation of the housing cooperative.

Court decisions

How to sue a developer for a penalty
Violation of deadlines for delivery of a house by the developer

Gray sales schemes in new buildings

Penalty from the developer Dalpiterstroy

The apartment plan does not correspond to the contract

The developer returned the money to the shareholder

Reasons for conducting a scheduled inspection

A scheduled inspection is carried out by the regulatory authority after 12 months from the date the housing cooperative received construction permits or from the date of completion of the last such inspection.

Such inspections are carried out based on the annual plan for scheduled inspections, which indicates:

name of the legal entity and place of their activities;
the purpose of the inspection;
start date, terms of inspection;
all bodies that take part in this inspection.

The plan is approved by the chairman of the relevant government agency and posted on the structure’s website for bringing to the attention of interested parties.

Grounds for conducting an unscheduled inspection

An unscheduled inspection may be carried out by the regulatory authority on the basis of:

failure to comply within the established term of the housing cooperative with the issued order to eliminate violations and submit a corresponding report by the chairman of the board of the cooperative;
receipt of appeals from citizens and legal entities to this body, as well as posting in the media, the Internet and other official sources of information about facts of non-compliance with the requirements set out in Article 110, paragraph 3 and 123.1. Residential complex of Russia;
demands of the prosecutor to conduct such an audit to supervise the implementation of laws in accordance with materials and requests received by the prosecutor's office.

Detection of violations in the activities of a housing cooperative may lead to its bankruptcy or liquidation.

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