Registration of the Partnership of Real Estate Owners (TSN)

In accordance with the current Housing Code of the Russian Federation, owners of premises in an apartment building are required to choose one of the methods of managing an apartment building. One such way is to manage the home through a homeowners' association (HOA).

ATTENTION: our organization is ready to assist you in registering a HOA in Yekaterinburg and provide subsequent support for the activities of your organization.

HOA registration procedure

In order to register an HOA, first of all, it is necessary to obtain the consent of the majority of the home owners. Such consent can be obtained by holding a general meeting, of which you must notify each tenant personally against signature or by sending a registered letter (10 days before the date of the general meeting).

After which, the necessary draft documents should be prepared for the meeting:

HOA Charter
Minutes of the general meeting of house owners
Register of all home owners
Registration sheet for owners taking part in voting
Voting sheet

Directly at the meeting itself, you should familiarize the residents of the house with the main provisions of the activities of the future HOA and vote for or against the creation of a partnership and on other issues related to the activities of the organization. The decision is considered valid only with a majority vote, i.e. more than half of those present. And remember that the meeting cannot be held, and the voting results are considered invalid if a minority of the resident home owners attend it.

If the idea of creating an HOA is approved, you can begin to prepare documents for government agencies.

To avoid such negative consequences, we recommend that citizens contact specialists in the field of law and registration of legal entities in particular.

Housing and communal services consulting

1. Legal entities, the founders (participants) of which have the right to participate (membership) in them and form their supreme body in accordance with paragraph 1 of Article 65.3 of this Code, are corporate legal entities (corporations). These include business partnerships and societies, peasant (farm) households, economic partnerships, production and consumer cooperatives, public organizations, associations (unions), partnerships of real estate owners, Cossack societies included in the state register of Cossack societies in the Russian Federation, as well as communities indigenous peoples of the Russian Federation.

We recommend reading: Checking the cadastral registration of a house

5. The charter of a non-profit corporate organization may provide that decisions on the creation of other legal entities by the corporation, as well as decisions on the participation of the corporation in other legal entities, on the creation of branches and on the opening of representative offices of the corporation are made by the collegial body of the corporation.

Application for registration of HOA

In order to register an HOA, you must fill out an application for state registration of a legal entity upon creation (form P11001). A sample application can be obtained from the tax office or downloaded from the Federal Tax Service website, and it can also be filled out on the State Services website (if submitting documents electronically).

This application is filled out by the person who plans to become the chairman of the HOA, by hand, in block letters, or on a computer. More detailed recommendations for filling it out can also be found in Order of the Federal Tax Service of Russia dated January 25, 2012 N ММВ-7-6/ [email protected] An important point that you should pay attention to: the applicant’s signature in section 7 of the application must be certified by a notary. However, this rule does not apply when the applicant (chairman of the HOA) personally applies to the registration authority presenting his passport.

Controls

Management of the activities of this type of organization is carried out by general agreement of all participants or, if provided for in the constituent agreement, by voting. Most often, each member of the association has one vote and, to approve a decision, about 80% of the votes are required.

In addition, there is another method for managing the activities of a general partnership. It lies in the fact that each participant in a general partnership has the right to act on behalf of the partnership. It should be understood that this form of management is associated with higher risk.

Another option is to conduct business with one participant. To carry out transactions on behalf of the partnership, the remaining participants must have a power of attorney from the participant entrusted with the management of the organization.

Each member of the partnership, regardless of management authority, has the right to familiarize itself with all documentation on the conduct of business. Waiver of this right or its limitation, including by agreement of the participants of the partnership, is void.

Documents for registering an HOA with the tax office

To register an HOA with the tax office, you must submit:

application form P11001 (1 copy)
minutes of the general meeting of owners on the creation of the HOA (1 copy)
HOA charter (2 copies)
register of owners who participated in voting at the general meeting for the creation of a HOA (1 copy)
information on the share of each owner in the right of common ownership of common property in an apartment building (1 copy)
passport of the applicant (chairman of the board)
government payment document duties

And here there is a peculiarity: if you submit documents in electronic format, as well as through the MFC or a notary, you are exempt from paying state fees. duties.

If you submit documents in person or by mail, or in the form of an electronic application without an enhanced qualified electronic signature, you must pay a state fee of 4,000 rubles.

Then the prepared documents must be sent to the Federal Tax Service. This can be done in several ways:

by postal item with declared value with an inventory of the contents;
come personally (to the applicant) to the registration authority or to the multifunctional center;
through “State Services” in the form of electronic documents, which must be signed with an enhanced qualified electronic signature of the applicant;
through a notary, having asked him about it.

What are the differences between TSN and HOA?

The civil legal status of a partnership of real estate owners allows them to voluntarily organize such associations for the purpose of using, owning and disposing of the common property of an apartment building (MKD). As in the case of HOAs, the activities of TSN are non-profit. It can be created not only by apartment owners, but also by owners of private houses, garages, office and other non-residential, commercial real estate, as well as summer residents.

Unlike an HOA, TSN provides greater opportunities to owners, namely:

The object of management can be any real estate, not just apartment buildings;
Mandatory licensing of activities;
In addition to managing the apartment building, ensuring the operation of its utility systems, it is possible to engage in entrepreneurial activities in relation to the objects of common property of the apartment building, and, if necessary, additional construction of such objects;
In addition to individuals, members of TSN may be legal entities and associations;
A simplified taxation system is not allowed.

TSN has additional opportunities; the activities of such an organization are broader in comparison with HOAs. Such a partnership can be created not only by the owners of one apartment building. Both yards and owners of any other real estate, which will be managed by one legal entity and not several, can unite under such a non-profit organization.

HOA registration deadlines

The tax authority must register the HOA within 5 days from the date of submission of the relevant documents. If you submit documents through the State Services portal - within 3 working days. The registration period may be extended if you did not bring all the documents or some of them are filled out incorrectly. Therefore, the degree of your preparation will determine the time frame within which your partnership will be registered.

It is important that state registration of a non-profit organization must be carried out in compliance with current legislation. At the same time, all procedures for creating an HOA must be approached extremely responsibly, and the requirements established by the Housing Code of the Russian Federation must be followed as precisely as possible, since subsequently committed violations may lead to the forced liquidation of the HOA in court if the court determines that registration errors grossly violate the law and are irreparable.

Rights and obligations of participants

According to the legislation of the Russian Federation, upon joining a general partnership, its members receive certain rights and are required to assume certain responsibilities.

Thus, participants in a general partnership have the right :

To participate in the management of the affairs of the partnership in the manner prescribed by law and the founding agreement of the partnership;
Have access to information about the activities of the organization. This paragraph includes the opportunity to become familiar with accounting books and other documentation in the manner established by the constituent documents;
Participation in the division of the association’s profits;
Withdrawal from the partnership at any time. Moreover, for this he does not need to obtain consent from other members;
Receive a share of property upon liquidation of the partnership;
Other rights provided for in the constituent agreement.

Participants in a general partnership are obliged to:

Take part in the activities of the association in accordance with the terms of the constituent agreement;
Make contributions in the manner, amount and within the appropriate time limits established by law and the constituent agreement.
Do not disclose confidential information about the activities of the partnership;
Refrain from transactions in your own interests or in the interests of third parties similar to those that constitute the subject of the partnership’s activities, without the consent of the remaining members of the partnership.
Fulfill other obligations stipulated by the constituent agreement.

Homeowners Association Charter

The main document establishing the features of a particular HOA is its Charter. It must be developed in advance and approved at a meeting of apartment building residents.

The charter of the homeowners association states:

name and address of the partnership;
types and purposes of its activities;
membership regulations;
rights and obligations;
management bodies of the partnership;
other provisions.

⇒ A sample charter for an HOA can be downloaded here. ⇐

State duty

Registration of newly created organizations is not free. Therefore, applicants will have to pay a state fee. Its size is 4 thousand rubles.

The procedure for creating a homeowners' association and the main stages

The procedure for creating a homeowners' association was outlined above . Now let's look at the individual stages in more detail.

You should start by creating an initiative group

Any person interested in this can initiate a solution to this issue. Usually this is a group of active residents of the building who are dissatisfied with the work of the management company. However, desire alone is not enough to change (choose) the management of an apartment building by a residents' association. To do this, it is necessary to convene all owners to resolve this issue.

Activists-initiators will do this. They must notify everyone about the upcoming meeting, prepare its agenda, and other necessary papers. So it’s important to remember - organizing an HOA begins with an initiative group!

We are holding a meeting

To vote on the creation of an HOA, all residents in the apartment building must be convened. It is necessary to notify them in advance (ten days) of the upcoming meeting. At the same time, such a notice must indicate not only the date, place and time of the meeting, but also its agenda.

The owners must resolve issues regarding the creation of the partnership, its charter, and members of its board. On the appointed day, everyone gathers, studies the questions posed and votes. The meeting can be held in absentia or in absentia.

If more than fifty percent of all votes expressed their agreement on the issues raised, then the decisions taken are approved.

How can you call an HOA (with examples)

There are no clear rules prescribing the procedure for assigning names to associations of owners in apartment buildings.

The decision on this issue is made by residents at a meeting, and the name itself is reflected in the Statutory Documents. Very often their names include the address of an apartment building, for example, the Sverdlova 18 HOA. Sometimes it’s just an abstract name that the residents like, such as “Rainbow” or “Friendship”. Often the word “house” appears in the name in various variations: “our house”, “cozy house”, “two houses”, etc.

Registration

Any organizations are considered officially created only after they are registered with the tax authorities, and HOAs are no exception! To implement it, you need to prepare all the documents, pay the state fee, and submit the appropriate application.

If everything is compiled and submitted correctly, registration will be completed within ten days.

And an entry about the new HOA will appear in the Unified State Register of Legal Entities. Then comes the receipt of documents, creation of a seal, and opening of an account.

Documents required for registration

To register, you must provide the following list of papers to the tax office:

relevant statement;
minutes of the meeting;
the Charter approved there;
paid state duty;
documents for the person submitting the application.

Minutes of the meeting

The entire course of the meeting, as well as the joint decisions taken by the owners of real estate in the apartment building, are recorded in the minutes.

This document is official and is necessary for further registration of the owners' association. It necessarily reflects information about the time, place of the meeting, those present, its chairman and secretary, agenda, discussions and decisions made.

By the way, you also need to choose a chairman! You can find out about this here: how to become the chairman of an HOA, his rights and responsibilities. ⇐

We are writing a statement

An application to create a partnership must be drawn up according to a specific template. For this purpose, form p11001 has been established. You can get it from your local tax office or on their website (or on ours, but we always recommend contacting your tax inspector). This paper is signed by the elected chairman of the HOA. The signatory (chairman) can submit such an application to the tax office for registration in person, with a passport, then notarization of the signature is not required. In other cases, the signature of the chairman must be notarized.

⇒ Application form for registration can be found here ⇐

How many homeowners association members are allowed?

There is no specific number limiting the number of members in an HOA.

Logically, the maximum possible number of homeowners' association members is equal to all existing owners in the house(s).

As for the minimum, to organize an HOA you need membership of more than fifty percent of the owners of all areas in a given apartment building.

HOA - what is it and what do they do?

An HOA is an association of all owners of real estate in one or more apartment buildings. Moreover, this is not just a quantitative indicator, but an organization created to solve common issues of the residents of the house.

In fact, these partnerships are an alternative to management companies. Provisions about them are contained in the Housing and Civil Codes of the Russian Federation. Both the Civil Code of the Russian Federation (Article 291) and the Housing Code of the Russian Federation (Article 135) provide a general concept for a homeowners’ association, and also establish the purpose and procedure for its creation. The functions of such associations are:

MKD property management;
creation, maintenance, increase of this property;
other activities aimed at resolving issues with the general real estate of apartment buildings.

Peculiarities of liability of participants in a general partnership

The civil legal status of a general partnership, a business partnership, provides for the liability of the participants of this organization. General partners bear joint and several subsidiary liability.

A general partnership provides for the need to bear responsibility for the property of the partners of the partnership.

If a participant did not join the partnership at the time of formation, and is not a founder, this does not relieve his responsibility as a participant. Subsidiary liability remains for 2 years after the participant leaves the partnership.

The presence of liability with one's own property is considered a disadvantage of this form of organization of a legal entity.

Advantages and disadvantages of HOAs

This form of house management, such as an HOA, has its advantages and disadvantages. The undoubted advantages include independent resolution of issues related to the management of apartment buildings and the formation of tariffs. It is believed that the activities of the partnership are more open and transparent, allowing owners to take an active part in improving life in their home.

Read more about the differences between HOAs and management companies, their pros and cons, advantages and disadvantages here. differences between an HOA and a management company, their advantages and disadvantages, which is better. ⇐

Among the disadvantages, it can be noted that the elected chairman and board may not perform their functions in good faith. In addition, it is easier to change the management company to an HOA than vice versa.

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