Disclosure of information to HOAs and housing cooperatives: liability or fines for non-disclosure to owners Legal.Standard

What does this concept mean?

Disclosure is a process that provides members and non-members of an HOA with an opportunity to become familiar with the activities of the association. The right of a HOA member to know what it is doing is enshrined in the current legislation and the HOA charter.

The basic requirements for the work of the HOA board and its responsibilities are regulated by Article 148 of the Housing Code of the Russian Federation. It enshrines the rule according to which all income, already received and future, as well as expenses, both already incurred and future, are approved by the general meeting.

The main document defining the procedure for information services for residents is Government Decree No. 731, which came into force in September 2010, and Government Decree No. 94 of 2012. They set out the principles of information support for the partnership, and also approve the HOA Information Disclosure Standard itself.

Standards

What are the disclosure standards? So, what should be open to members and non-members of the partnership (Article 143.1 of the Housing Code of the Russian Federation):

general information about the legal entity;
basic activity data;
data on prices for works and services;
conditions for the provision of services and work, the procedure for their implementation;
what works and services are provided;
housing and communal services tariffs.

What is meant by general information about the company :

what is the name of the company, its details, address - legal and actual, by whom it is registered;
register of persons, individuals and legal entities, who are members of the partnership;
information about the chairman, members of the board and the audit commission;
operating hours of the company.

Data on economic activity is:

estimates for the current and previous years, a report on their implementation;
minutes of meetings;
Were there any audits, and if so, what were their results?
reporting of the audit commission;
data on contract agreements;
accounting summary documentation for the past 12 months.

information about services should contain :

annual plan for the past and present years for repairs and maintenance, results of the past year;
whether there were poorly performed services, if so, what measures were taken;
cases of payment reduction for poor quality of work or, for example, exceeding the period of planned hot water shutdown (for example, instead of two weeks there was a month).

If there have been cases of bringing an organization to administrative responsibility, data about this should also be made public - copies of the protocols, what sanctions were adopted.

Tariff data should be regularly updated and contain a detailed list of all tariffs, when and on the basis of which regulation they were established.

How can a partnership provide information to owners :

through official publications;
in the form of responses to requests;
on the official website of the HOA on the Internet, also on the website of the executive authority;
placing advertisements on stands and information desks indoors.

In emergency cases, if they refuse to answer requests or give out something incomprehensible, in order to “bring to their senses” officials, you can turn to Rospotrebnadzor or the State Housing Inspectorate (read about inspections of HOAs by regulatory authorities). In the most extreme cases - to a court of general jurisdiction .

Find out on our website how and where you can complain about the HOA and whether you can get out of it completely.

Standards approved by law

The above-mentioned Resolutions define the general principles of disclosure of information to HOAs and housing cooperatives, the procedure for disclosure and how it should be communicated to citizens.

Important! The basic principle of information disclosure, approved by the state Standard, is that all information provided for review must be reliable.

The law establishes that any citizen has the right to familiarize himself with the following data about the HOA:

general information about the organization;
economic and financial activities;
the procedure for executing contracts;
list of services provided;
the procedure for providing services;
cost of services and tariffs.

This is the so-called open information.

HOA Disclosure

Direct management of the activities of the HOA is carried out by its chairman. Disclosure of information to HOAs and housing cooperatives provides homeowners with the most important information about home management. We are talking about performing this or that work, concluding contracts with contractors, spending money, and so on.

Thus, the disclosure of information is aimed at protecting the rights and legitimate interests of residents, since the activities of the HOA directly affect their quality of life and the condition of the housing they own.

Therefore, apartment owners have the right to know how management is carried out and in what ways.

They have the right to evaluate the work of the chairman and other officials of the HOA. And an objective assessment of their activities in the absence of reliable information is simply impossible.

This obligation of the HOA is established by Decree of the Government of the Russian Federation No. 731 of September 23, 2010. This regulatory act defines information disclosure standards for HOAs and other organizations that manage apartment buildings.

IMPORTANT: Since the obligation is imposed in order to respect the rights of homeowners, this information must be disclosed in an accessible form.

What types of activities are subject to disclosure?

According to the law, the partnership is obliged to disclose all information about its activities, from its details and address to accounting.

Total information

In terms of general information, the HOA must provide the following information for public access:

Your full name.
State registration certificate (number, date, who issued it).
Address, postal code, contact numbers, including the chairman, as well as the audit committee, if any - email address.
The operating procedure of the board, that is, the regime, schedule, including the reception of residents.
Full name of the entire management team (revolutionary commission, board members).
If the HOA is part of a union (association, HOA of several houses) of similar partnerships, then it is required to provide the details of the association (name, actual address, address of the official website, if there is one).

Financial and economic part

In terms of activities, both financial and economic, the following information should be disclosed:

Accounting statements - necessarily a balance sheet and its applications.
Reports on work (completed and in progress). Information about income is disclosed, expenses are naturally indicated, estimates are provided, etc. for the past period.
Minutes of meetings , meetings of both the board and the audit commission for the past period. Minutes of meetings are provided at which issues directly related to maintenance and provision of utilities were discussed.
Results of audits , conclusions on them.
Results of audits . Access to materials must be open for three years. That is, for the current and two previous years. These documents must be placed so that the auditor’s signature and seal are clearly visible.

Regarding the financial activities of the HOA, information about:

the amounts of payments and contributions adopted at the general meeting;
the size of the reserve fund of the HOA and other funds of the partnership, if any, including cash reserves for repairs (capital and current). The amount of funds in the fund is indicated.

Provision of services

Regarding the provision of HOA services, the following information should be open:

Quality . The facts of the provision of low-quality work, various excesses, for example, exceeding the duration of work or breaks, facts of non-compliance with the requirements of the law, rules of service, maintenance, and utilities are presented.
Execution conditions. A plan of activities (annual) for house maintenance is provided with a description of the work - deadlines for their completion, information about the performer.
The procedure and conditions for the provision of utility services are disclosed.
Report on the implementation of activities for the provision of services, in particular utilities. Detailed information about all contracts that the partnership has concluded for the maintenance of the house and for the provision of housing and communal services with RSO.
The number of concluded contracts, with whom they were concluded, the cost of each separately, and the timing must be indicated.
Other information . Information must be provided on facts of violation of the quality of services provided to residents (number of violations and reduction in the cost of tariffs for their payment). Data for the year is disclosed.

Information about the activities of HOAs should be published in the open press of those publications that publish materials and regulations of local government. It can also be posted on the websites of executive authorities and municipalities. It is possible to post information on the HOA’s own website, if it exists.

After watching the video, you will learn what information about the HOA is subject to disclosure and how the partnership can provide it:

According to clause 5.1 of PP No. 731, it is mandatory to disclose information on the official website on the Internet, determined by the authorized federal executive body. In some regions, information about HOAs and housing cooperatives may be posted, for example, on the portal of the local Housing Committee.

In accordance with the Housing Code of the Russian Federation, management organizations are obliged to provide free access to information about the main indicators of their financial and economic activities, about the services provided and about the work performed on the maintenance and repair of common property in an apartment building, about the procedure and conditions for their provision and implementation , about their cost, about prices (tariffs) for the provided utilities.

The procedure for disclosing information (hereinafter referred to as the Procedure) by a management organization, partnership or cooperative is determined by Decree of the Government of the Russian Federation of May 15, 2013 No. 416

1. Managing organization (clause 31 of the Procedure):

— on signs located at the entrance to the representative office of the management organization (name of the management organization, address, contact details, operating hours);

- on notice boards located in all entrances of an apartment building or within the land plot on which the apartment building is located (name of the management organization, license number, operating hours, contacts of the emergency dispatch service and emergency services of resource supply organizations, notifications of upcoming work, inspections equipment, etc.);

— at information stands (stands) in the representative office of the management organization (name of the management organization, license number, operating hours, contacts, notifications about upcoming work, equipment checks, information about the deadlines for paying fees for residential premises and (or) utilities, information about the size prices (tariffs), step-by-step instructions on the procedure for installing an individual meter, etc.);

- on the official website of the state information system of housing and communal services on the Internet, information provided for by the legislation of the Russian Federation on the state information system of housing and communal services.

2. Partnership and cooperative (clause 32 of the Procedure):

- on notice boards located in all entrances of an apartment building or within the land plot on which the apartment building is located (name of the housing association, address, contact numbers, operating hours, contact numbers of emergency dispatch services and emergency services of resource supply organizations, notifications of upcoming works, the amount of payment for living quarters and (or) utilities, etc.);

The chairman of the board of a partnership or cooperative or an employee who is assigned responsibilities by the internal documents of the partnership or cooperative for organizing interaction with the owners and users of premises in an apartment building, assists them in finding the necessary information.

A management organization, partnership, cooperative does not have the right to restrict access to disclosed information to the owners and users of premises in an apartment building, and also, within the prescribed period, provide, upon the request of owners and users of premises in an apartment building, the information established by clause 34 of this Procedure.

Placing information in the state information system of housing and communal services (GIS Housing and Communal Services)

The State Information System for Housing and Communal Services (hereinafter referred to as GIS Housing and Communal Services) was approved by the Federal Law of July 21, 2014. No. 209-FZ. In accordance with clause 11, part 3, article 7 of this Federal Law, the official website on the information and telecommunications network “Internet” was determined by order of December 30, 2014 of the Ministry of Telecom and Mass Communications of Russia No. 504, the Ministry of Construction of Russia No. 934/pr - www.dom.gosuslugi.ru .

According to the Federal Law, information providers, including management organizations, homeowners associations, housing cooperatives and residential complexes are required to post information in the System in accordance with the order of the Ministry of Telecom and Mass Communications of Russia and the Ministry of Construction of Russia dated February 29, 2016. No. 74/114pr “On approval of the composition, timing and frequency of posting information by information providers in the state information system of housing and communal services.”

The composition of information posted in the GIS Housing and Communal Services by management organizations, HOAs, housing cooperatives that manage apartment buildings, as well as the frequency and timing of its placement, are regulated by Section 10 of the above order.

The information resources of the city of Moscow, in accordance with the Decree of the Moscow Government dated October 05, 2012 No. 541-PP, providing information to citizens on the management of apartment buildings, are the portals “Houses of Moscow” (https://dom.mos.ru/), “Moscow . Our City" (https://gorod.mos.ru/), which are an effective mechanism for monitoring both the executive authorities of the city of Moscow and residents over the performance of work by managers and contractors for the proper maintenance of courtyard areas and common property owners of premises in apartment buildings.

Responsibility

Government Resolutions No. 94 and No. 731 establish that the HOA is responsible for non-disclosure of information.

However, it is not determined how the partnership is responsible for such violations. In fact, the HOA cannot be held liable in this case, since compliance with the Standard is a licensing requirement, and the HOA operates without a license and therefore is not required to comply with licensing requirements.

Advice! If the partnership does not disclose information, you can contact regulatory organizations, for example, the Housing Inspectorate or the Prosecutor's Office. They will check the work of the HOA and issue an order demanding that the violations be corrected.

If the partnership does not comply with the order, then a fine will be imposed on the management in accordance with paragraph 24 of Article 19.5 of the Administrative Code.

What information must be disclosed?

Disclosing indicators is to familiarize those interested with the organization’s work process; such duty and responsibility to residents has appeared since 2010.

Residents of an apartment building and other citizens have legal grounds for access to:

General materials about the partnership;
To economic and financial documentation;
Documentation of the procedure for the provision and cost of services;
Also, apartment owners have the right to know everything about existing reserve funds and the funds in their accounts, everything about membership fees, payments and the movement of finances in the accounts of the partnership.

Information not provided for by legislative acts is considered secret and not subject to disclosure, in particular this includes personal data of a confidential nature.

Reasons

The basic requirements for data disclosure are contained in Article 148 of the RF Housing Code. The documents defining the rules for providing information to citizens are Government Resolutions No. 731 and No. 94 . These two provisions define the procedure and standards for data disclosure.

According to all requirements, information about the management of the board in accordance with Article 161 of the Housing Code of the Russian Federation must be transparent. Management control is important not only for confidence in the future, but also that in the event of bankruptcy, all responsibility will not fall on the shoulders of the residents.

Information disclosure standardsIn accordance with the rules for providing data, each information item must contain the full amount of information:

A citizen can know about society itself:

Address, contact information;
Name;
Requisites;
Schedule;
Information about the management team;
If the enterprise is in an association with other organizations, it is necessary to indicate the details and contacts of the association.

Regarding economic and financial activities, the following are indicated:

Information about accounting transactions;
Reports on the work performed;
Minutes of meetings;
Results of audits and audits;
Reports on expenditures and profits

The procedure for provision and cost must be provided in the following paragraphs:

Conditions for their provision - event plan, timing, description;
Their quality level is overstated or does not meet standards;
Have the rules for provision been followed?
Reporting documentation data;
All information about agreements with suppliers.

At the same time, the secret about the number of contracts, the date and period of their conclusion, and the cost of services must be revealed.

Finance:

Amounts of membership fees;
Information about all existing funds;
What is the size of each fund individually?

If the company is brought to justice, all materials on this case are also subject to publicity.

How can an HOA report information?

The housing construction association is obliged to independently publish all current data in places and publications available for viewing by apartment owners and other citizens

Also, to obtain specific information, any of the residents has the right to apply individually, and if the question of interest to him has already been covered in the mass press, then the HOA has the right, instead of a detailed answer, to make a link to the relevant publications.

Where should it be located?

Data on the organization’s activities should:

Published in the open press through publications that publish regulations and materials of local government,
On stands and information boards located directly in the house;
On the websites of municipal authorities or if available on your own resource.

How to properly submit a request to the HOA for information? If necessary, the interested person can independently contact the organization to obtain data.

Available to contact:

In writing via Russian Post - send by registered mail, preserving all evidence of the letter;
Electronically via the official portal - save a copy of the letter;
In person, having submitted a written application at the office, it must be registered.

The paper should indicate:

Name of company;
Personal identification data;
Describe the subject of the appeal in a concise business style;
Specify the option for receiving a response.

The person who made the request must receive a response in writing within 10 days; the letter must reflect the tenant’s request, a detailed response to it, and the signature of the official who compiled the document.

Obtaining an answer to a question of interest is a fairly simple process; you just need to know what data is relevant to the information being disclosed, and know the time frame for receiving a response to a request in accordance with the organization’s Charter.