What does the homeowners association have the right to? What responsibilities does the HOA have? Who is the chairman of the HOA?

According to Art. 137 Housing Code of the Russian Federation The homeowners association has the right to:

1) conclude, in accordance with the law, an agreement for the management of an apartment building, as well as agreements on the maintenance and repair of common property in an apartment building, agreements on the provision of utility services and other agreements in the interests of members of the partnership;

2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property in an apartment building, the costs of major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as expenses for others established by this chapter and the articles of association of the purpose partnership;

3) establish, on the basis of the accepted estimate of income and expenses for the year of the partnership, the amounts of payments and contributions for each owner of premises in an apartment building in accordance with his share in the right of common ownership of common property in the apartment building;

4) perform work for the owners of premises in an apartment building and provide them with services;

5) use loans provided by banks in the manner and on the terms provided by law;

6) transfer material and monetary resources under an agreement to persons performing work for the partnership and providing services to the partnership;

7) sell and transfer for temporary use, exchange property belonging to the partnership.

The partnership exercises all of the above rights taking into account the rights and legitimate interests of the owners of premises who are not members of the partnership. Such premises owners have the right to independently manage their part of the property or enter into an agreement with a partnership. Since the owners of the premises are not members of the partnership, they have no right to count on the partnership’s income from its activities and its property. Therefore, these owners are not obliged to bear the burden of expenses for maintaining the property of the partnership, its employees and management bodies.

The partnership does not have the right to include its expenses in the cost of work and services for the maintenance and repair of common property in an apartment building if it itself manages the apartment building and the owners of residential premises enter into an appropriate agreement with it. As for the right of the partnership to establish special contributions and deductions to the reserve fund, these decisions apply only to members of the homeowners’ association. According to Part 2 of Art. 154 of the RF Housing Code, payment for residential premises already includes payment for maintenance, current and major repairs (deductions for both types of repairs) of common property in an apartment building and the owner’s residential premises.

If the owners of residential premises who are not members of the partnership do not agree with the amount of payments that they are offered to pay as payment for the residential premises of the homeowners association under the agreement, then the owners of residential premises have the right to pay the due payments (payment for residential premises) in the amount paid by the owners of residential premises of the same apartment buildings in which homeowners' associations have not been created.

In cases where this does not violate the rights and legitimate interests of the owners of premises in an apartment building, the homeowners association has the right to:

1) provide for use or limited use part of the common property in an apartment building;

2) in accordance with the requirements of the law, in the prescribed manner, build on, rebuild part of the common property in an apartment building;

3) receive for use or receive or acquire land plots into common shared ownership of the owners of premises in an apartment building for housing construction, construction of utility and other buildings and their further operation;

4) carry out, in accordance with the requirements of the law, on behalf and at the expense of the owners of premises in an apartment building, the development of allocated land plots adjacent to such a house;

5) enter into transactions and perform other actions that meet the goals and objectives of the partnership (Part 2 of Article 137 of the Housing Code of the Russian Federation).

According to , the disposal of property in common shared ownership is carried out by agreement of all shared owners. A homeowners' association has the right to provide for use (this action is one of the types of disposal) common property in an apartment building only with the consent of all owners of the premises who are not members of the association. The consent of such owners must be in writing. The same procedure applies to the right to build on or rebuild part of the common property in an apartment building.

The provision has great legal force. Therefore, the procedure for applying Part 2 of Art. 137 of the RF LC must not violate the norm of the RF Civil Code as a law regulating property relations. The norms of the Housing Code of the Russian Federation, affecting property relations regulated by the Civil Code of the Russian Federation, according to, should not contradict the norms of the Civil Code of the Russian Federation, and in the event of such a contradiction, the norms of the Civil Code of the Russian Federation are applied. Only with the written consent of all owners of residential premises (not members of the partnership) does the homeowners association have the right to dispose of common property in an apartment building, as provided for in clauses 1, 2, part 2 of Art. 137 Housing Code of the Russian Federation.

The rights of the partnership provided for in clauses 3, 4, part 2, art. 137 of the Housing Code of the Russian Federation, a partnership has the right to operate only with the consent of both the members of the partnership and other owners of residential premises in an apartment building. According to, citizens and legal entities exercise civil rights of their own free will and in their own interest. It follows that the owner acquires ownership of property only by his own decision. Property cannot be acquired by force.

If the owners of premises in an apartment building fail to fulfill their obligations to participate in common expenses, the homeowners’ association has the right in court to demand forced reimbursement of mandatory payments and contributions.

The partnership has the right to demand forced reimbursement of housing fees from owners of residential premises who are not members of the partnership only when a corresponding agreement has been concluded between the owner and the partnership. If an agreement is concluded with a management organization, both the partnership itself and the owners of residential premises who are not members of the partnership, then only this management organization has the right to demand compulsory compensation of proportionate expenses for services for the maintenance and repair of common property in the part falling to the share of the owner of the residential premises .

Associations of homeowners, which were created by the owners of houses (for one family), dachas, have the right to forcefully demand from their members only payment for the costs of maintaining and repairing the common property of the home owners, but not the costs of repairing the owners’ houses: the owners are obliged to maintain their houses themselves ( ), unless the members of the partnership agree otherwise.

A homeowners' association may demand in court full compensation for losses caused to it as a result of the failure of the owners of premises in an apartment building to fulfill their obligations to pay mandatory payments and contributions and pay other general expenses.

A homeowners' association may demand compensation for losses from persons who are not members of the association only if they fail to fulfill their contractual obligations or cause damage to the common property of the owners of residential premises in an apartment building through illegal actions. Such a partnership has the right to demand compensation for losses from members of a homeowners' association in court if they violate their obligations established in the charter of the association.

In accordance with Art. 138 Housing Code of the Russian Federation The homeowners association is obliged to:

1) ensure compliance with the requirements of this chapter, the provisions of other federal laws, other regulatory legal acts, as well as the charter of the partnership;

2) enter into agreements on the maintenance and repair of common property in an apartment building with the owners of premises in the apartment building who are not members of the partnership;

3) fulfill obligations under the contract in the manner prescribed by law;

4) ensure proper sanitary and technical condition of common property in an apartment building;

5) ensure that all owners of premises in an apartment building fulfill their responsibilities for the maintenance and repair of common property in an apartment building in accordance with their shares in the right of common ownership of this property;

6) ensure compliance with the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for ownership, use and disposal of common property;

7) take measures necessary to prevent or terminate actions of third parties that impede or interfere with the exercise of the rights of ownership, use and, within the limits established by law, of the owners of premises with common property in an apartment building;

8) represent the legitimate interests of the owners of premises in an apartment building, including in relations with third parties.

The responsibilities of a homeowners' association as a non-profit organization created to meet the needs of the owners of residential premises in the management and maintenance of the common property of the owners, listed in Article 138 of the Housing Code of the Russian Federation, do not all correspond to the legal nature of a non-profit legal entity. These responsibilities are of an administrative nature and are more consistent with authorities or government agencies vested with certain powers.

A homeowners' association is created by the owners of residential premises, and the association's obligations arise specifically to its members. The partnership does not have the right to control the actions of owners of residential premises who are not members of the partnership. An attempt to equalize the position of owners of residential premises (not members of the partnership) with members of the partnership is nothing more than a form of mandatory subordination of persons who are not members of the partnership to its charter and decisions made. This has already been recognized by the Constitutional Court of the Russian Federation as not corresponding to Art. 30 of the Constitution of the Russian Federation.

Therefore, the obligations of the partnership established in clauses 5-8 are subject to fulfillment only in relation to members of the partnership, and not to all owners of residential premises in an apartment building, otherwise this will be an imposition of services and assignment of powers, which is a violation of the civil rights of owners of residential premises. The obligations of the partnership listed in clauses 5-8 can only arise from an agreement between the owner of the residential premises, who is not a member of the partnership, and the homeowners’ association.

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Citizens of our country are faced with the inaction of housing offices, lack of good service, and lack of repair work. That’s why they are being replaced by management companies or homeowners’ associations. But due to the fact that management companies are commercial organizations and, accordingly, are determined to obtain financial benefits.

Most residents prefer to create an alternative - a homeowners' association, an organization whose priority is the improvement of apartment buildings and the interests of homeowners. It is an official organization with its own responsibilities and powers, as well as official documentation.

What is HOA

First of all, it must be said that HOA is an abbreviation that stands for homeowners' partnership. The majority of MKD residents are apartment owners. All apartment buildings must have organizations to manage building property. If neither the housing office nor the management company are satisfied with the residents, the apartment owners convene a general meeting at which they put to a vote the decision to create an association. And after the majority of positive results, an HOA is organized.

It can be created in one apartment building or between several residential buildings. Apartment owners who create an organization must write an application for acceptance, on the basis of which they will be included in its membership.

The majority of apartment owners consider this form of management of residential buildings to be the best option, which guarantees the assertion of the rights of apartment owners, in particular before utility services and government bodies, for example, on issues of carrying out repair work.

This is a governing body whose purpose is to preserve, maintain in proper shape, protect and improve common property. In addition, the partnership and its board are a lever of influence over utilities and contractors who carry out a number of tasks assigned to them. This is a non-profit organization and does not pursue commercial gain.

An association of real estate owners is created by individuals, but the organization is a legal entity. The partnership has its own current account, and the members of the board and the chairman must be registered with the ERGUL. An HOA, being a legal entity, must be registered with the fiscal service.

Purposes of creation

The goals of a joint association of homeowners in an apartment building are:

• shared leadership and direction;
• receiving income and distributing it to solve maintenance problems and;
• keeping the house in good condition: both sanitary and technical.

The organization has the right to rent or lease part of the common property for the purpose. Receiving additional income, which will be used to solve certain problems of the partnership.

The homeowners' association coordinates activities aimed at managing the homes it owns as a non-profit organization. Therefore, it strives not to obtain maximum profit, but to distribute income for the needs of the partnership. But the association is not obliged to cover losses that may arise through additional contributions by homeowners.

Consolidation is a way to avoid the conditions imposed by the management company on the maintenance of the house. For example, choosing contractors and service providers on favorable terms for residents, rather than the management company. Utility companies and other companies, in turn, service the house on the basis of an agreement concluded with the HOA.

If members or simply residents of a building are dissatisfied with the actions of the association, they have every right to make complaints and put the issue to a vote. Thus, his main goal and function is to organize the proper management and management of the operation of the housing stock entrusted to him.

According to 136 articleHousing complex of the Russian Federation, in one apartment building, owners can create one HOA. The creation of a partnership is also possible between several closely located apartment buildings or those that have common land plots or infrastructure elements. A partnership can also be created at the stage of building a house ( Art. 139 LCD).

The decision on whether or not to join an HOA is made by the apartment owners; no one can force them to do so. It is not necessary that all residents of the house must be members of the partnership. The creation of a partnership is possible if 50% of the residents are present at the general meeting on the issue of its organization, and the same number of those present must vote positively.

Homeowners association functions

Often, before creating an association of real estate owners, its future members and other residents of the house have a question: what does the organization do, what functions are assigned to it. Rights and responsibilities are determined Article 135 of the Housing Code of the Russian Federation, and charter organizations. The main responsibilities of a homeowners association are:

• control the activities of companies that provide services to apartment owners: public utilities, enterprises and firms that provide household services, such as, and others;
• resolve issues regarding when and who carries out repairs;
• monitor compliance with the rules for the operation of the house and its maintenance;
• ensure the completion of work on the improvement of the house and local area according to the plan approved for the year;
• provide the required services to apartment owners and carry them out;
• ensure proper sanitary condition of common property (timely garbage removal, cleanliness of sites, in particular near garbage chutes, and so on);
• , children's playgrounds for residents of the house (the point must be specified in the charter);
• performing additional functions specified in the charter approved at the general meeting.

The HOA, as a representative of the interests of residents of apartment buildings, is obliged to defend the interests of the building and the rights of residents in particular before public utilities and government agencies. Most often, problems arise with repairs, both current and major. Members of the board and the chairman of the partnership in particular will have to deal more than once with the reluctance of utility companies to fulfill their obligations on time.

According to the law, being a legal entity, it has the right, on its own behalf, to enter into agreements with those providing utility services for the maintenance of an apartment building and others that home owners deem necessary. Another obligation of the association participants is to draw up and approve estimates for the subsequent period.

The responsibilities of HOA members include maintaining order in the house, cleanliness and safety of common property, in particular technical equipment, structures on the land plot adjacent to the apartment building, and so on. Thus, everything that an association of residential property owners does is aimed at improving or at least maintaining decent living conditions of a house or several apartment buildings under its management.

Procedure for reporting to residents

According to the law, the homeowners' association, namely the board members and its head, are required to regularly report to residents. Moreover, the regular reporting procedure is established by the charter. In addition, a report on the flow of funds, payments, expenses, income received or work done by the HOA must be provided upon the first request of the members of the association.

However, no piece of legislation has established a clear reporting format for either the board or the chairman. Based on this, the procedure for reporting to residents should be clearly stated in the charter of the partnership. Because it is the main document according to which members of the board and the head of the HOA must act.

Each of the residents who is a member of the partnership must familiarize themselves with the charter of the partnership. It describes the procedure for how, when and in what form it is obliged to report to apartment owners.

Charter

As already mentioned, the charter of the partnership is the main legal document regulating the rights, functions, and responsibilities of its members, board and chairman. It is filed as the articles of incorporation to register the partnership as a legal entity. At the first general meeting of the members of the partnership, the charter must be approved and signed by the chairman.

• approved by all apartment owners;
• must be numbered and signed by the chairman;
• Owner signatures are not required.

A copy of the certified articles of association must be certified by a notary. After which the HOA is registered on its basis with the federal tax service for further taxation of the association of homeowners.

The charter itself contains:

• addresses of buildings included in the HOA;
• place and date of compilation;
• the purpose for which the partnership was created;
• rights and obligations of its members.

If it is necessary to amend an existing charter, it is necessary to hold a general meeting and change the content of the document based on the minutes of the event.

Founders

Each of the residents of the house who supported the creation of a partnership is the founder of the HOA. But since there are many participants in the partnership and, accordingly, apartment owners, the application and documentation submitted for registration of the partnership indicate that the founders of the HOA are members of its board.

They act as the face of the partnership, its managing part, which, like the other members, is interested in the proper maintenance of the house and the proper quality of the services provided. If any of the members of the partnership wants to leave the founders of the HOA, he must write a corresponding application. In this case, the consent of the other residents is not required.

The founder can be any individual who lives in the house and is the owner of the living space in it. Mentioning the founders when registering an HOA as a legal entity is a formality. Members of the board and the chairman are registered with the ERGUL. If changes occur in the composition of the board, the fiscal service must be notified about this in order to make appropriate amendments.

Register of HOA members

The register of members of the homeowners' association must contain data that can be used to understand who exactly is the member of the HOA. Also, the information reflected in it will allow you, if necessary, to contact any of the participants in the partnership. The list of HOA members reflects information on the size of the share of common property owned by each of them.

The standard registry form contains the following information:

• name of the homeowners association;
• legal address of the HOA;
• TIN data;
• creation date;
• list of houses included in the partnership.

It must be signed by the chairman of the HOA indicating his contact phone number.

Responsibility

The operating rules, functions, powers and responsibilities of the owners' association are written down in housing law and regulated by the legislation of the Russian Federation. A board is elected from among the HOA participants, which includes several people. And also the head of the partnership is the chairman, who is responsible for the actions of the association.

So, the head of the HOA is responsible for the following actions:

• personnel selection;
• submission of reports to the tax office;
• maintaining and storing partnership records;
• conclusion of contracts.

Members of the HOA board are responsible for the implementation of agreements concluded with contractors and other services, including utilities, as well as to partners and residents of the house.

The liability of the partnership also includes the following obligations:

• use of areas that are in common shared ownership of all residents;
• maintaining and maintaining order in common areas;
• carrying out repair work;
• disposal of the common property of the partnership.

HOA members must ensure timely and high-quality supply of resources and utilities.

Decision making in a partnership

All decisions are made jointly based on the voting results of homeowners held at the general meeting. The creation of a HOA begins with such a meeting, at which 50% of the owners of apartments in a building or several apartment buildings must declare their desire to organize a partnership. The meeting can be held either in person or in absentia by written voting.

At such meetings, decisions are made on how to use free space, for example, they agree on the procedure, rights and other clauses of the charter, and resolve current issues, for example, on repairs. Also, it is the meeting of residents that decides the fate of the current chairman and the need to replace him.

To conduct voting at HOA meetings, it is necessary to inform the residents of the building in advance about its date, time and location. At the event, decisions can be made exclusively on those issues that, according to the legislation of the Russian Federation, are within the competence of the partnership. It is necessary to prepare an agenda in advance, which reflects all the items necessary for discussion and decision-making.

All decisions made at the meeting are entered into the document, which is maintained throughout the entire event and, at the end of it, is certified by the signature of the initiator or chairman. A majority vote is required to make any decision. Residents who were not present at the meeting must be notified within 10 days of the results of the meeting.

Pros and cons of HOAs

A homeowners' association gives apartment owners the right to decide for themselves what the rules for managing the house and common property are, who will become the utility provider, and so on. But the ability to make decisions independently can be both an advantage and a disadvantage.

Among the undeniable advantages of such a form of house management as an HOA, the following should be highlighted:

• management of common property in the house in order to obtain additional funds for improvement, maintenance and repair of apartment buildings and: rent, advertising;
• quick resolution of emerging issues at general meetings by voting;
• financial transparency: at any time, each of the residents and members of the association has the right to become familiar with the movement of money and the expenditure of funds;
• you need to pay only for truly necessary services, and not those that the management company imposes or contributes to the payment by default, therefore, this will significantly reduce utility bills;
• independent selection of contractors.

When creating an HOA, responsibility for the safety of common property falls on each resident, as well as for the results of the decisions they make regarding the arrangement and maintenance of a residential building. One of the important ones is the possibility of reducing the size of utility bills. A competent manager can significantly reduce rent by making a profit for the partnership, for example, by providing non-residential space for rent.

Homeowners' associations also have their disadvantages. In every association there is a group of activists, but no one can guarantee that these are literate and competent people. Excessive initiative and inability to understand the issue that has arisen and to conduct business properly.

The partnership has a rather small equity capital, with the help of which it is difficult to pay off the debts that have arisen. And this can become a significant problem for the HOA, when it will have to urgently pay the contractors. In addition, performing some one-time work for an association may be more expensive than for the same management company, because many companies have minimal interest in single orders.

The transfer of housing stock to the ownership of citizens raised questions - who will now be responsible for all the property in the house, who will be held accountable for poor quality of utilities, and who will do repairs in the entrance?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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The HOA, as a legal entity, has the right:

1. On your own behalf, enter into agreements with organizations that provide services that support the “life” of an apartment building as a residential complex: utilities, repairs, maintenance, management, and other services necessary for the owners of premises in this building.
2. Prepare and approve estimates for the future period. Expense items may include costs for necessary repairs and maintenance of all property in the house, major repairs or reconstruction, funds for the reserve fund, which is formed through contributions from the owners, and other costs that are specified in the organization’s charter.
3. Establish for each owner the amount of mandatory annual contribution for the needs of the partnership and the house. The size of such contributions, as a rule, depends on the share of a particular owner in the common shared property. These payments are established for the year and approved by the HOA members.
4. Take a loan from a bank as a legal entity and use the funds received for the needs of the house and the owners.
5. Enter into contracts on your own behalf with individuals who perform various services in the interests of the owners.
6. Pay for these services.
7. Sell ​​or exchange property that is owned by the HOA.

The responsibilities of the HOA include:

1. Ensuring the sanitary, hygienic and technical condition of the house in accordance with current regulations and standards.
2. Fulfillment of all terms of contracts concluded with organizations and individuals providing maintenance and repair of the house.
3. Representation of the interests of all owners in the event of their civil rights to common property in the house being established.

Legislation

Section 6 of the Housing Code of the Russian Federation is devoted to the homeowners' association.

Around 1993, immediately after the collapse of the Soviet Union, the first partnerships began to form. It arose in the legal regulation of their activities.

It was developed on June 15, 1996 No. 72-FZ. This law has lost its force since March 1, 2005, when the current Housing Code of the Russian Federation came into force.

Homeowners association functions

In order to perform certain functions for citizens who own premises in apartment buildings on the right of ownership.

Basic

The main functions of the HOA include:

1. Control over the activities of companies that provide various services to homeowners. That is, control over public utilities and enterprises providing household services (for example, garbage collection or snow removal).
2. Resolving issues related to the repair and operation of the house, cleaning and maintenance of the local area, including paths and playgrounds, recreation areas and pedestrian areas.
3. Ensuring the completion of various works according to the plan approved for the year.

In an apartment building

In addition to the main functions, the HOA has the functions of the HOA in an apartment building.

• control over organizations and individuals who maintain cleanliness and order in the entrances, staircases and apartment hallways;
• providing various services to owners in their apartments, as well as performing these services;
• ensuring the sanitary and technical condition of common property;
• providing homeowners with parking spaces and playgrounds, if this is stated in the charter;
• performing other functions that are specified in and approved at the general meeting.

Manager

The governing bodies of the HOA are:

• governing body;
• general meeting;

When they cannot elect a chairman from among the owners of premises in the house, they invite. He works under an employment contract, under which the employer is the HOA. The functions of the chairman and the manager are somewhat different.

The functions of the manager are as follows:

• ensures the normal functioning of all communication systems at home;
• interacts with the administration of the municipality to which this residential building belongs;
• interacts with contractors who perform various works in the interests of the owners of premises in this house;
• cooperates with the population;
• cooperates with members of the HOA board;
• prepares budget and estimates for the next year;
• interacts with debtors regarding payment of HOA dues;
• carries out other functions that may be prescribed in the HOA charter.

Board

The board is elected from among the homeowners in the building.

It performs the following functions:

1. Reports annually to the general meeting on the work done during the year/
2. Planning work for next year.
3. Develops a cost estimate for the next year and submits it for discussion, with a mandatory item-by-item decoding.
4. Monitors the partnership’s compliance with all applicable regulations and laws.
5. Monitors that HOA members make the required contributions on time and that long-term debts do not arise.
6. Manages the house or concludes a contract for its management.
7. Hires workers and organizations to clean the house and surrounding areas.
8. Performs other functions assigned to the board by the HOA charter.

Requirements for the chairman

The chairman of the board of the HOA is elected from the owners of the residential premises of this building. This is the main condition that must be observed when selecting a candidate for this position.

According to him, he is elected for the term specified in the charter. He acts on behalf of the partnership without issuing additional powers of attorney.

The requirements for the chairman of the board are specified in the charter of the partnership.

It can be:

• having a higher economic or legal education;
• 3 years of experience in business or administrative work;
• having your own vehicle.

The psychological requirements for the future chairman include:

• communication skills;
• stress resistance;
• the ability to achieve one’s goals in a legal way;
• self confidence;
• the ability to withstand the “pressure” of both HOA members and third-party organizations;
• good health and active lifestyle.

Before appointing someone to the position of chairman, they must be familiarized with their job description. This document spells out all the main responsibilities of the person who will hold this position.

An employment contract is also signed with the chairman and he is paid a salary, if this is provided for in the charter of the HOA.

Responsibility

Homeowners' associations (abbreviated as HOAs) are unique forms of home management. Their activities are regulated by many legal acts. The Housing Code can be considered the main document defining the powers and entire work of the HOA. The general meeting with the board of the HOA are required to act within the framework of modern legislation, and today in this article we will consider in the most detailed manner everything that relates to the rights and obligations of the HOA and its board.

What does an HOA have the right to do?

In short, it is to carry out work related to the management of the house, that is, to carry out those activities that were previously the focus of the management company (in the form of a commercial organization or housing department).

Now let's take a closer look at the entire scope of activities included in this concept. What exactly do residents authorize their representatives to do in the elections of the HOA board?

Article 137 of the Housing Code, dedicated to the regulation of such issues, reads:

1. The HOA has the right to enter into agreements with management and operating companies related to the maintenance of an apartment building and the provision of the full range of utilities.
2. It has the right to carry out certain work without resorting to the services of the management company (for example, hiring cleaners for the entrance or organizing independent garbage collection).
3. The HOA is engaged in calculating income and expenses with determining the necessary funds for carrying out routine repairs of the house, paying for the activities of contractors, forming a reserve fund, as well as those intended for major repairs.

What else?

Other rights of the HOA board include the following:

1. The partnership can conduct settlements under contracts with both individuals and legal entities for services rendered.
2. According to the procedure prescribed by law, the HOA can turn to the bank or to private individuals for credit funds.
3. His competence includes the sale, exchange and rental of property, including real estate. For example, the HOA has the right to collect fees from entrepreneurs who want to rent space in the building for office or trade.
4. The HOA calculates rent based on cost estimates.
5. It also collects this rent from the owners and tenants of the apartment building.
6. Also among his rights is the adoption of legal measures against persons who owe rent or rent, which must certainly be reflected in the minutes of meetings of the HOA board.

HOA Charter as the main document

The entire list of powers available to the HOA must be listed in the Charter of this organization. This list, for example, may include permission to carry out reconstruction, make changes to the local area in the form of parking for cars, etc. All rights of this organization listed in its Charter cannot conflict with the content of the Housing Code. They can only serve as a supplement and expansion of its basic provisions in specific situations.

The implementation of most rights by the board of the partnership is carried out in a working manner - rent is calculated, funds are distributed among bank accounts, and minutes of the board of the HOA are maintained. These actions relate to the current work. Compliance with the legality of all the mentioned operations is monitored by a special commission, called the audit commission, consisting of three to four people. Its composition does not include members of the board or other employees of the HOA.

If major changes are required (for example, to reorganize the structure of the HOA, change the ratio of funds distributed among various funds, refurbish the building), the board is required to organize a general meeting of all residents and put the issue to a vote. The HOA will receive the right to carry out the declared activities only if it receives a majority of positive votes.

About the features of the HOA

Very, very often, in the process of exercising their own rights, members of the HOA board have a lot of questions related to a number of controversial or problematic topics. Below we give examples of the most relevant of them.

One of the pressing issues is the board’s refusal to issue certificates to residents (about family composition or extended statements) on the basis of rent arrears. A logical question: does the board of a partnership have the right to refuse to issue any certificates to its members if there is a debt?

This practice is against the law. At the same time, such actions are widely used by HOA management in order to encourage residents to cover the debt or part of it. You should know that issuing the required certificates is considered not a right, but an obligation of the HOA. This also applies to cases where residents have any amount of debt for utility services.

Access to the apartment - is it legal?

Another frequently encountered problematic question is about the authority of the chairman or board of the partnership to enter the apartment and inspect it. Situations like these are not uncommon in typical HOA board minutes. Our Constitution, as a fundamental law, enshrines the right of any citizen to the inviolability of his own home. In practice, this means that no one has the right to enter it without the permission of the apartment owners. The exception applies only to cases of a warrant or a threat of a terrorist attack or cataclysm (man-made or natural).

In other cases (including in emergency situations, for example, a pipe burst), access into the apartment is possible only with the permission of the resident. That is why any pretext for the right to access the premises (for checking meters or taking readings, measuring pressure, measuring temperature, etc.) is illegal.

About penalties and fines

Another, no less pressing question is about the powers of the HOA in the matter of calculating penalties. The partnership has the right to do this if such a function is spelled out in the Charter, which was adopted by the general meeting of residents. This measure is a forced one, intended to encourage debtors to pay for housing as quickly as possible.

The procedure by which fines are assessed is strictly regulated and prescribed in the Charter. In this case, one should focus on the provisions of the Tax Code of the Russian Federation related to the upper limits of penalties. For example, it is prohibited to charge a penalty of more than 1/30 of the refinancing rate for each day of late payment.

Are we required to sign an agreement with the HOA?

Sometimes residents may be outraged by the HOA’s offer to sign a maintenance agreement. Should such agreements be concluded and are HOAs obligated to do this? This practice is absolutely normal. The right of HOAs to conclude contracts, as well as the provision regulating the calculation of payments, is spelled out in Article 137 of the Housing Code of the Russian Federation.

If there are such signed agreements, the board has the right to conclude all kinds of transactions with utility providers on behalf of residents. If there is no agreement between the owner and the HOA, the residents will have to conclude the necessary agreements themselves at the representative office of the operating company.

Attention: violation!

The next problem that often occurs in apartment buildings is the posting of a list of debtors by the HOA board for public viewing. In this case, the residents’ indignation is completely justified and natural. According to the law (we are talking about personal data), it is prohibited to directly disclose such information. The board does not have the right to publish any data about residents without their written consent. This applies not only to addresses, full name. and passport data of residents, but also to the amount of existing debt.

Such lists can be compiled by the board for internal use and for taking measures to influence debtors. They should be stored indoors in a safe. In the case of such illegal publication, the debtor has the full right to apply to the court for compensation for moral damage. The maximum possible action for the HOA in this case is to post an announcement about the accumulated general utility debt and warn about the upcoming appeal to the court.

Responsibilities of the HOA board

A list of them is given in articles of the Civil Code of the Russian Federation No. 148-149. What exactly does the HOA board owe to the apartment owners who chose it?

1. Comply with the law and the provisions of the Charter.
2. Monitor the fulfillment by residents of their own responsibilities regarding the maintenance of the facility.
3. Directly manage an apartment building or control the company that carries out this management.
4. Conclude contracts with utility supply contractors and subcontractors.
5. Engage in concluding contracts regarding the repair and maintenance of the building.
6. Maintain lists of residents who are members of the association.
7. Handle accounting, prepare estimates of income and expenses, and calculate rent.
8. Conduct paperwork and issue the necessary certificates to residents - members of the HOA.
9. Conduct general meetings of residents with the provision of reports to the HOA board on the work done.
10. Monitor the activities of the chairman of the partnership.

What are the immediate responsibilities of the chairman of the HOA?

1. He hires and fires the necessary personnel and gives orders to other HOA officials.
2. Within the framework of his own powers, he acts on behalf of the partnership, without prior notification of all its members.
3. Submits any document developed by him for decision at a meeting of residents.

On liability for failure to fulfill duties

Such a measure is not prescribed either in the Housing Code or in the Civil Code of the Russian Federation. But this does not mean that it is impossible to bring violators to justice. This issue, as a rule, is also regulated by the Charter of the partnership, which provides for certain types of punishment for specific offenses. More generally, it may contain a note about actions in accordance with existing legislation.

General civil liability applies to the following offences:

1. Negligence (for example, failure by a member of the HOA board to notify residents in a timely manner about an upcoming meeting).
2. Fraud - we can talk about false readings from metering devices or documents relating to the owners of premises.
3. Embezzlement or misappropriation of funds from owners - sometimes there are cases of malicious and unlawful distribution of funds from the general or reserve fund.
4. Deceiving the owners, including the entire meeting.
5. Official forgery.
6. Exceeding one’s own authority (this includes the above examples with posting lists of residents, etc.).

Any member of the partnership, including representatives of the HOA board and the chairman himself, is obliged to bear financial responsibility for his own actions. If damage to common property occurs due to the fault of the owner (for example, due to flooding), the latter is obliged to compensate it. To determine the amount of such damage, a special act is drawn up. If necessary, the assessment is carried out with the involvement of professionals. Moreover, a description of a number of specific situations related to offenses may be contained in the HOA charter itself.

Powers of the HOA board

What powers exactly are we talking about? The task of the management of the partnership is to engage in its direct activities. The entire list of powers necessary for this is regulated by the same Housing Code (its Article 147). The organization's charter must necessarily differentiate between the actions within the competence of the board itself and the general meeting of residents. That is, there must be clear instructions on what exactly the chairman and his deputies can decide at a meeting of the HOA board, without resorting to prior notification of the residents.

In most cases, we are talking about the following powers of the board:

1. Direct management of the activities of the partnership with the appointment of certain performers for specific work and the formation of personnel for the HOA.
2. Concluding public service agreements on behalf of homeowners.
3. Raising funds for the repair and maintenance of an apartment building.
4. Conducting office work with issuing all necessary papers and certificates.
5. Maintaining banking and accounting records with the transfer of funds under contracts for the payment of contractors.
6. Conducting general meetings of residents with filling out the appropriate minutes.
7. Protection of the interests of partnership members in courts.
8. In a situation where residents fail to pay utility debts, they should contact official authorities (from the city administration to the court and the prosecutor's office).

conclusions

It is clear from this that the entire list of powers of the HOA board is determined by its direct functions arising from the main purpose of the partnership - the maintenance of an apartment building.

In addition to the above, the powers of the HOA may include a number of additional ones, which must certainly be recorded in the Charter of the partnership. We can talk about the arrangement of the local area, independent maintenance of the building, collection of rent from persons who are tenants of commercial and residential premises of the house, as well as the disposal of common property, which includes basements, elevators, etc.

The Housing Code confirms that both the rights and obligations of the HOA are inextricably linked with their functions and arise from the task of maintaining an apartment building and all related property in perfect order.

Everyone who is a member of the partnership can receive all information regarding the management of the house.

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Any data on payments and invoices must be transparent and in the public domain for each member of the homeowners’ association.

If the HOA board refuses to provide data, then the residents have the right to convene a meeting and.

It is worth remembering that an HOA is a voluntarily created non-profit organization for the management of residential buildings by homeowners.

What does membership provide?

Membership in the HOA makes it possible to receive all data on economic and financial activities.

According to Article 143, Part 3 of the Housing Code of the Russian Federation, you can familiarize yourself with the following documentation:

• register;
• financial statements, various estimates for the year and reports on their implementation, auditors' conclusions (during audits);
• results;
• documents that confirm the rights to dispose of property;
• various minutes of meetings and voting;
• technical plan documentation;
• various internal documents of the partnership and decisions of the general meeting.

In addition, membership in the HOA allows you to make a choice about how to organize repair work, including capital ones.

Membership in the HOA is an opportunity to control all processes of organizing economic and financial activities.

In addition, all citizens who have entered into a partnership can take an active part in managing the house. If you choose the Criminal Code, then there is no such option.

Legal status and status

Only apartment owners can become members of the association. Citizens who have purchased real estate can also join the HOA as soon as they receive ownership.

To exit, you need to make a written statement.

If the owner sells the apartment or is deprived of ownership rights for other reasons, he automatically leaves the partnership.

Each partnership has its own board and. The choice is made by voting among the HOA participants.

Only homeowners can be the chairman and members of the board. In addition to the “management team,” an audit commission must be created.

Members of the partnership choose those who will be included in it. The commission is obliged to audit financial and economic activities at least once a year and subsequently provide reports.

Rights of HOA members

Members of a homeowners association have the right to:

• disposal of one's own property without the consent of anyone;
• actively participate in the work of the partnership by attending meetings, voting, and making various proposals;
• express an opinion regarding the activities of the partnership, repair work, etc.;
• use public property;
• express a desire to be a member of the audit commission and chairmanship.

Board of the organization

The board of the homeowners association is obliged to provide various reports, estimates and other financial and economic documentation in a timely manner and upon request.

Also, the board does not have the right to make decisions on general issues without holding a meeting of owners, otherwise members of the HOA may demand that the board be replaced.

The board of the association must promptly inform residents about the implementation of various works. And also, together with them, establish the amount of monthly fees.

Other residents

It should be borne in mind that joining a partnership is voluntary. Some residents may opt out of their HOA membership. But, at the same time, apartment owners are also vested with rights in accordance with Article 143.1 of the Housing Code of the Russian Federation.

According to the data, any resident has the right to receive information about the accounting and financial activities of the board. This is due to the fact that each resident pays all bills and fees.

Not only members of the HOA, but also any other apartment owners can make demands for repairs and maintenance of common property.

Also, citizens who are not members of the HOA can familiarize themselves with any technical and reporting documentation.

According to the HOA, only the owner can be a participant.

The only way out of this situation would be to enter into ownership rights through equity or by donation.

Responsibilities

A HOA member is obliged to:

1. Use various common areas without infringing on the rights of other residents.
2. Treat plots of land and the housing stock itself with care.
3. Comply with all sanitary and epidemiological requirements.
4. Carry out repairs to residential premises at least once every 5 years.
5. Use elevators for their intended purpose.
6. Walk dogs in designated areas.
7. Pay fees as agreed.
8. Maintain cleanliness and neatness in entrances, elevators and local areas.

Video about the responsibilities of homeowners association members