Olga Samsonova, junior legal adviser at Legal Services Center LLC, answers:
Residents bear the costs of maintaining the house, including lighting and heating of common areas, cleaning the land plot on which the residential building is built, as well as the surrounding area, in proportion to their share in the common property right. Articles 37 and 39 of the Housing Code of the Russian Federation establish that the owner’s expenses for the general needs of the house are determined in accordance with the citizen’s share in the right of common ownership of the property, and this share is proportional to the size of the apartment. Thus, the apartment owner’s expenses for territory security and barriers are calculated per square meter. meter of room.
The costs of paying wages to HOA employees are considered mandatory expenses for managing a residential building. As a general rule, the homeowner’s expenses for paying the employees of the HOA are also calculated based on the size of the share in the citizen’s common property rights; accordingly, their size depends on the area of the housing.
7 main facts about the general meeting of residents
Does the HOA receive income from businesses in the building?
HOA "Solnechnaya Polyana"
Initiator of the meeting: Board of the Solnechnaya Polyana HOA. Date: December 4, 2021. Venue: office of the Solnechnaya Polyana Homeowners Association. Time: from 19:00 until 20:00
If a quorum is not reached, the meeting will be held in the form of absentee voting from 20:00. 00min. 04.12.2018 until 17:00 00min. 12/14/2018 In this case, the ballots must be submitted within the specified period to the HOA office or to a member of the HOA Board of your home.
Meeting agenda: 1. Approval of the Work Plan for the maintenance and repair of common property in the apartment building for 2021. 2. Approval of the Action Plan for energy saving and energy efficiency in relation to common property in the apartment building for 2021. 3. Approval of the Cost Estimate for maintaining the common property of the Solnechnaya Polyana HOA for 2021. 4. Establishing the amount of mandatory payments and contributions (tariff for the maintenance of common property) for 2021. 5. Determination of the amount of remuneration for members of the Board and the Chairman of the Board of the Solnechnaya Polyana HOA. 6. Increasing the percentage of votes to 2/3 of the total number of votes of owners of apartment building premises (including parking halls) necessary for making decisions on carrying out repairs and other work not included in the estimate. 7. 10/31/2018 In the parking hall of building No. 3, a false alarm of part of the automatic fire extinguishing system occurred. To establish the causes of the emergency, an examination of the system was carried out and the following conclusion was made: the equipment provided for by the project is outdated and requires either replacement or modernization. The total cost of purchasing new equipment and work to replace it, even in a minimal amount, exceeds 100,000 rubles. The information received and conclusions drawn as a result of this emergency served as the basis for the decision to modernize similar systems in other parking halls. The HOA Board proposes to allocate 30,660 rubles from the general reserve fund to the owners of the parking hall of building No. 3 as material support for the purchase of powder fire extinguishers. 8. Addition to clause 11.12 of the Rules for the use of premises, maintenance of apartment buildings and local area Nos. 1, 2, 3, 3/1, 3/2, 46, 47, 48, located in the 5th microdistrict of the settlement. Krasnoobsk, approved by the decision of the general meeting of members of the Solnechnaya Polyana HOA on March 20, 2010, with the following content: “11.12. Parking of vehicles with an exhaust pipe directed towards the front of the house is PROHIBITED."
The meeting materials can be found at the HOA office and on the HOA-solnechnayapolyana.rf website
All proposals to supplement and change the content of the estimate and other issues related to the meeting are accepted in writing at the HOA office until November 30, 2021 (until 17:00).
November 23, 2021 Board of Homeowners Association "Solnechnaya Polyana"
- Energy saving action plan for 2021
- Estimate for 2021 (11/27/2018)
- Work plan for 2021 (shared by HOA)
- Registers of common property of HOA SP
The lawyer of the development group "City-XXI Century" Vasily Sharapov answers:
If the management of the house is carried out through the HOA and the HOA directly manages the apartment building, then the procedure for paying for the services of the HOA is determined in accordance with the decisions of the governing bodies of this association of owners. If an agreement for the management of an apartment building is concluded between the HOA and the management company, the owners of the premises are required to make utility payments to the account of the management company according to the issued invoices. If we are talking about the legal relationship between the HOA and the owner of the premises, who is not a member of the HOA, then in this case the fee for services is paid on the basis of an agreement between the owner and the HOA.
Legal subscription services for HOAs, TSNs, housing cooperatives, management companies include the following legal services
- constant information about changes in legislation on issues related to the activities of HOAs, TSN, housing cooperatives and management companies. Selection and distribution of reference information;
- oral and written legal advice on all issues of current business activities, including visiting and studying documentation. Also for simple questions by phone, email and other means of communication;
- conducting reception of citizens (members, owners, etc.) and consulting on legal issues of the activities of HOAs, TSN, housing cooperatives, management companies;
- preparation and coordination of contracts. Legal analysis of existing contracts with resource supply organizations, contractors, suppliers, and other counterparties. Additional conclusion agreements, termination of contracts;
- maintaining the contract database;
- drafting letters, claims, complaints, notifications to owners, debtors, resource supply organizations, contractors, partners and other persons;
- correspondence with resource supplying organizations, government agencies, owners, third parties. Preparation of responses to requests from government agencies;
- consulting and support of general and extraordinary meetings, board meetings. Registration of the results of general meetings and the results of board meetings;
- working with conflict groups of people;
- assistance in challenging decisions made;
- pre-trial and judicial work with debtors for payment of utility services;
- pre-trial and judicial work on the proper execution of contractual obligations;
- preparation of internal documents (employment contracts, orders, powers of attorney);
- consulting and support of activities related to the use of common property;
- challenging administrative liability;
- legal protection of interests during inspections. Work with inspection and regulatory authorities;
- resolving other legal issues.
Answered by lawyer, K. Yu. n. Yulia Verbitskaya:
Since, having created the HOA, the residents independently decided how the house would be managed and vested the relevant body (the HOA) with these powers, the principle, amount and rules of payment are determined by the board of the HOA and are submitted for approval to the general meeting of residents.
In other words, you, as residents of the house, will have to pay all of the listed expenses. Moreover, you will do this regardless of whether you have concluded an agreement with the HOA or not. The amounts that the HOA will spend on heating and lighting of common areas; protection of the territory; cleaning entrances and areas; salaries for plumbers, the chairman of the housing cooperative, an accountant, etc., will, according to the general rule specified in the Housing Code of the Russian Federation, be distributed among all owners in proportion to the square meters of the area they occupy in relation to the total area of the apartment building.
You have the right to control the costs of the HOA, and in the event of an obvious overestimation of their cost, you have the right to challenge them in a claim or in court.
How much do housing and communal services cost in different areas of Moscow and the Moscow region?
How can we avoid paying for housing and communal services for offices and cafes in our home?
Subscriber legal services for HOAs, TSN, housing cooperatives, management companies are convenient in the following cases
- When creating HOAs, TSNs, housing cooperatives and management companies.
In a newly created HOA, TSN, ZhSK UK, many legal issues always arise that require immediate and correct resolution.
Starting from organizational issues on the creation of an organization and the principles of its work, the procedure for making the necessary decisions, ending with the interaction of management bodies (chairman, members of the board) with each other. With third parties (contractors, suppliers, resource supply organizations, government agencies) and residents of the house. In order to competently and in accordance with current legislation organize the organization’s work in the first months, the chairman of the board or other authorized person can consult with a lawyer at any convenient time and receive basic documentation on all current issues. Get help in developing legal documents and resolve any legal issue.
- When changing management bodies (chairman of the board, members of the board).
When changing government bodies, the reception and transfer of cases often requires large energy expenditures, especially in the presence of conflicting relationships. In order to analyze the business activities that were carried out previously, restore documentation and start working in accordance with the law, you need a lawyer who will know all the problems from the inside and will always be able to promptly help resolve emerging issues and organize work.
- Put things and documents in order.
A lawyer will always help you cope with any situation requiring legal intervention. Resolve the issue with government agencies, make the necessary changes to the constituent documents, develop and conclude agreements with third parties, prepare and hold meetings, board meetings, prepare claims, letters, notifications to residents, collect debt on housing and communal services and under concluded contracts, resolve conflicts with the resource supply company company.
- The need to receive ongoing qualified legal assistance without a full-time lawyer and at low costs.
Each organization is assigned a permanent lawyer. A lawyer is always in touch, at any time convenient for you, ready to help in resolving any legal issues. Your lawyer knows all the nuances and subtleties of your particular activity and immediately finds the best way out of the problem for you.
The essence of the false theory
discussed in this article states, supposedly, a list of works and is approved by the organization that provides these services - that is, either a management organization (MA), or a homeowners' association (HOA), or a housing construction cooperative (HBC). A number of consumers of housing and communal services have no idea at all that there is a certain list of work and believe that management companies/homeowners associations/housing cooperatives act based on the current situation - such citizens are sure that, for example, cleaning of common property is carried out as it gets dirty (degree of contamination , when it’s time to start cleaning is established, of course, by the management company/homeowners association/housing cooperative), malfunctions, damage to elements of common property are eliminated only when complaints are received, etc. and so on. Proponents of this theory are confident that consumers of housing and communal services cannot in any way influence the list and frequency of work, and are often indignant at the fact that management companies/homeowners associations/housing cooperatives do only what they please, not paying attention to the real needs of consumers arising from from the state of common property.
