Refusal to register TSN, what to do?

TSN: concept, difference from the previously used legal form

Amendments made after the adoption of the concept of development of civil legislation in the Russian Federation determined a new organizational and legal form of legal entities - a partnership of real estate owners.

The norms of the Civil Code of the Russian Federation define the concept of a partnership of real estate owners (TSN) as an association of real estate owners organized on a voluntary basis for the purpose of exercising a triad of rights - use, ownership, disposal of property in common use and common ownership, as well as for solving other problems, not contradicting this legislation.

In other words, a partnership of real estate owners should be understood as a non-profit organization within which the owners of any, without exception, real estate unite, be it an apartment, a private house, a dacha, a garden, a garage, an office and others.

It is worth saying that previously there was an alternative option for owning common property - an HOA. It was an association of owners to exercise their rights in relation to joint property - a specific house.

This form of management organization had a number of differences from TSN:

• there was no legal opportunity for commercial real estate owners to unite in an HOA;
• a narrow range of responsibilities associated with maintaining the utilities of the house and managing its property;
• taxation was carried out according to a simplified system.
• HOA management bodies made competent decisions only with the consent of all or the majority of owners of common real estate;
• there was no need to license the organization’s activities.

The table makes it possible to understand the differences between the outdated and currently accepted forms of organizing the management of common property:

The legal status of a partnership of real estate owners has broader boundaries in that through this organizational form not only residents of one apartment building can unite, as is the case with an HOA, but also owners of entire courtyards with a common local area, as well as any other real estate. For TSN there are no specific restrictions in the list of assigned responsibilities and despite the non-profit legal nature, the organization can make a profit from such activities that will be intended to satisfy the interests of its members. This status of TSN opens up the opportunity to manage not only residential real estate, but also all others, within one organization.

Legal basis for TSN activities

A non-profit organization in the form of a TSN has special legal capacity, that is, only those rights and obligations that are reflected in its main document - the charter.

Responsibilities of TSN

Along with the pre-existing HOA, the main document of the partnership of real estate owners must include similar legal frameworks for management - maintenance, operation and repair of the property, as well as those that were not included in the scope of the first - the construction of new joint real estate, its delivery to the arena. At the same time, the rental relations of TSN will be classified as the sphere of entrepreneurial activity that this organizational and legal form has the right to carry out, and the income received from this can be distributed at the discretion of the owners of the joint property.

TSN Charter

The information specified in the TSN charter must necessarily contain information about the name, location of the organization, legal status and composition of the management bodies of the partnership, the subject and purposes of such activities.

It is important to say that at the legislative level there are no clear requirements for such a document; it just must not contradict the norms of the Housing Code and the Civil Code of the Russian Federation.

Founders of TSN

Members, as well as founders of TSN, can be individuals who have the right of ownership of real estate, which is an object of public use, as well as legal entities to which the above-described property belongs by right of ownership, economic management, and operational management.

You can become a member of the organization through an application. It is necessary to indicate reliable and complete information about yourself, which will subsequently be entered into the appropriate register.

Monitoring and management of TSN

Participants in a partnership of real estate owners do not bear either shared, joint or subsidiary liability for its debts, since this legal entity has separate property with which it is able to answer for the obligations that have arisen.

Each TSN is assigned the responsibility to form control and management bodies that coordinate issues between members of the organization and third-party legal entities.

Control and management functions are carried out by:

• general meeting of property members;
• Chairman – sole executive body;
• the board is a collegial executive body;
• The audit commission is a body that monitors all activities of the management apparatus.

Example of the Charter for TSN in the PROTOCOL program July 2021

5. PROPERTY OF THE PARTNERSHIP. FINANCING THE PARTNERSHIP ACTIVITIES 5.1. The Partnership may own movable property, as well as real estate located inside or outside an apartment building (or several apartment buildings, in a village of residential buildings, in a gardening, gardening, holiday village, etc.) in which the Partnership was created. 5.2. The funds of the Partnership consist of: 1) obligatory payments, entrance and other contributions of members of the Partnership; 2) income from the economic activities of the Partnership aimed at achieving the goals, objectives and fulfillment of the obligations of the Partnership; 3) subsidies for ensuring the operation of common property, carrying out current and major repairs, providing certain types of utilities and other subsidies; 4) other income. 5.3. Based on the decision of the General Meeting of members of the Partnership, special funds may be formed in the Partnership, spent on the purposes provided for in the Charter. The procedure for the formation of special funds is determined by the General Meeting of Members of the Partnership. 5.4. The Board of the Partnership has the right to dispose of the funds of the Partnership held in a bank account in accordance with the financial plan of the Partnership. 5.5. To achieve the goals provided for by this Charter, the Partnership has the right to engage in economic activities. 5.6. Based on the decision of the General Meeting of Members of the Partnership, income from the economic activities of the Partnership is used to pay general expenses or is sent to special funds spent for the purposes provided for in this Charter. Additional income not provided for in the estimate, by decision of the Board, may be directed to other purposes of the Partnership’s activities. 5.7. Members of the Partnership make mandatory payments and/or contributions related to the payment of expenses for maintenance, current and major repairs of common property, as well as payment for utilities. The procedure for making payments and contributions is approved by the Board. 5.8. Real estate owners who are not members of the Partnership pay fees for the maintenance and management of common property and for utilities in accordance with agreements concluded with the Partnership. The standard form of the agreement is approved by the Board of the Partnership. 5.9. The share of a member of the Partnership in the right of common shared ownership of common real estate (participation share) determines for each member of the Partnership his share in generally obligatory payments for the maintenance and repair of this property and other common expenses. 5.10. Non-use by a member of the Partnership of real estate belonging to him or refusal to use common property is not grounds for releasing the homeowner in whole or in part from participating in the general costs of maintaining and repairing common property.

4. PROCEDURE FOR JOINING AND WITHDRAWING A MEMBER OF THE PARTNERSHIP; CONTRIBUTIONS 4.1. Membership in the Partnership arises from the owner of the property on the basis of an application to join the Partnership. 4.2. Persons purchasing real estate in an apartment building (or several apartment buildings, in a village of residential buildings, in a horticultural, gardening, holiday village, etc.) in which the Partnership was created have the right to become members of the Partnership after they acquire ownership of the real estate. 4.3. Membership in the Partnership is terminated from the moment of filing an application to withdraw from the membership of the Partnership and/or from the moment of termination of the ownership rights of a member of the Partnership to real estate. 4.4. The register of members of the Partnership must contain information allowing to identify members of the Partnership and communicate with them, as well as information about the size of their shares in the right of common ownership of common property. 4.5. A member of the Partnership is obliged to provide the Board of the Partnership with reliable information provided for in paragraph 4.4 of this Charter, and promptly inform the Board of the Partnership about their changes. 4.6. When joining the Partnership, the property owner pays the entrance fee within 30 (thirty) days from the date of filing the application. The amount of the entrance fee is determined by the decision of the General Meeting. 4.7. Members of the Partnership systematically pay membership fees on time and in amounts determined by the estimate of income and expenses of the Partnership. 4.8. Members of the Partnership have the right to make voluntary contributions and other payments at any time. 4.9. In case of reorganization of a legal entity - a member of the Partnership or the death of a citizen - a member of the Partnership, their legal successors (heirs), purchasers of the property of a member of the Partnership under an agreement are included in the members of the Partnership from the moment the ownership of the specified property arises and the application is submitted.

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Pros and cons of organizing TSN

Owners of real estate who decide to create a partnership of real estate owners receive some promising features and at the same time burden themselves with negative nuances that affect the outcome of events, which we will consider below.

Pros of TSN:

• the opportunity to generalize the management of all real estate under one leadership, which will allow for the most rational disposal and management of objects.
• full transparency of TSN activities, including financial ones;
• the main goal of TSN is property management, which implies the possibility of generating income from its use, which can be sold for general needs and thereby reduce the contributions of members of such an organization;

Cons of TSN:

• since the partnership of real estate owners is classified as a legal entity, the organization is declared insolvent (bankrupt), which means there are no guarantees for the return of previously paid funds;
• mandatory registration of a license for this type of activity;
• a partnership of real estate owners has wide boundaries of possibilities, which provokes situations in which the governing body can make decisions without taking into account the opinions of the members themselves - the owners of the real estate, and even one that can run counter to the wishes of the majority.

Legislative framework of TSN

Like any other organizational and legal form, a partnership of real estate owners is directly enshrined in the legislative framework of the Russian Federation, by referring to which you can understand the ways of creating, functioning and monitoring its activities. Below are specific regulations and relevant sections that reflect the essence of TSN.

Since the TSN design appeared relatively recently, it still raises many questions. It is worth noting that there is no special regulatory act dedicated to TCH, therefore, property owners who decide to transform into this type of partnership must rely on the general legislative framework.

Sample charter of tsn for snt

- from the outside, from streets and driveways, plots must have fencing made of metal mesh, picket fence or solid fence no more than 2 meters high, and along the border between neighboring plots - only from mesh or picket fence that meet aesthetic requirements and do not obscure neighboring ones plots

Common use property (including the land plots on which it is located) is not the main property, because it was created and intended to serve individual garden plots of land (main property), and is connected with the latter for a general purpose and, according to Article 135 of the Civil Code of the Russian Federation, follows the fate of the main property. Consequently, all public property (including land plots under it), regardless of the type of ownership of it, cannot be sold, mortgaged, leased, etc. without all individual garden plots located on the territory of SNT, except during the liquidation of SNT.

30 Jun 2021 hiurist 339

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How to create a real estate owners' association: step-by-step instructions

Creating a TSN is a painstaking and multi-stage procedure. In order not to get confused in all the subtleties, to stay within the legislative framework, and to establish the limits and scope of powers as accurately as possible, you must follow the step-by-step instructions with a description of the procedure and a list of accompanying documents.

You can register TSN using the following algorithm:

1. Creation of an initiative group (unification of individuals or legal entities into a coalition with an interest in TSN).
2. Conducting the first meeting of real estate owners in person to resolve issues on the creation of TSN, appointment of authorized persons, approval of the charter with the obligatory reflection of the entire procedure in the minutes (considered to have taken place if the number of those present was at least 50% of the total number of owners). Stages: Determination of persons whose competence will include functions to ensure the operation of TSN:
   chairman;
3. governing body;
4. secretary;
5. auditor or control commission.
6. Establishing the size of the membership fee, the rights and responsibilities of executive bodies.
7. Determination of the name, legal address (specific apartment, office or house as a whole) and the purpose of existence of TSN.

Creating a TSN step-by-step instructions 2021 with documents

You can generate a receipt for payment of state duty using the Federal Tax Service “Payment of state duty” service. The state fee is 4,000 rubles. You can check the exact payment details with the tax office and then pay using these details at Sberbank, receiving a payment receipt.

Organizing an HOA is the second most popular option for managing an apartment building after concluding an agreement with the management company. Moreover, if the management company employs trained professionals, the partnerships are created by the owners themselves. It will be useful for them to familiarize themselves with information about how the procedure for creating an HOA is carried out, and what nuances arise during this process.

Despite the fact that the partnership is a non-profit association, it can conduct business activities. For example, a homeowners association can rent out non-residential premises, local area or advertising space. The resulting profit is completely used to satisfy the needs of the owners, for example, extraordinary repairs or the purchase of municipal equipment.

A homeowners' association (HOA) should under no circumstances be confused with a house committee or house council. In the latter case, these are purely voluntary public associations consisting of activists at home. The HOA is an official house management body that has legal powers, a Charter and a current account. The activities of a homeowners' association are regulated by the Housing Code of the Russian Federation and the Tax Code, since the HOA is a legal entity.

This document contains basic provisions regarding the management of the house, the disposal of house property, the powers of the board and the chairman. The charter is adopted at a general meeting of owners. A mandatory requirement is that all sheets must be numbered and stitched. Changes can only be made by decision of the general meeting. No tearing or pasting of pages is allowed.

As mentioned earlier, it is important that the selected representatives have some knowledge in areas such as accounting, law and business. Otherwise, they will not be able to cope with the responsibilities of the initiative group of the homeowners’ association.

Only adult residents have the right to vote at this meeting (as well as at all subsequent ones). At the same time, they must come to the meeting with documents confirming ownership (original and copy) and their passport. If a citizen does not have the opportunity to appear in person, he can issue a power of attorney to a third party.

1. determine where and when the general meeting will take place
2. prepare draft documents for the creation of an HOA: register of owners; notice of the general meeting; register of delivery of notice to owners; minutes of the general meeting on the creation of the HOA; register of persons who took part in voting; HOA charter
3. formulate the agenda for the general meeting of owners
4. no later than 10 days before the general meeting, hand it in person against signature to each owner or send by registered mail notifications about the general meeting

1. application in form P11001 for state registration of a legal entity in 1 copy (the application can be signed directly at the tax office without first visiting a notary)
2. passport of the applicant (chairman of the board)
3. minutes of the general meeting of owners on the creation of a HOA in 1 copy
4. HOA charter in 2 copies

Alternative to TSN: practical analysis

The need to form an association and subsequent management of joint property most often arises in relation to residential space, since this area is the most extensive, and its owners are always interested in creating the best conditions for themselves.

Thus, according to the Housing Code of the Russian Federation, management in an apartment building can be carried out:

• directly, through the personal efforts of the owners of such apartments, provided that the total number of rooms in the house is no more than sixteen;
• association into a HOA, housing cooperative or other consumer cooperative with special legal capacity;
• management through a management company.

At the same time, it is worth noting that HOAs and housing cooperatives are subtypes of real estate owners' partnerships and are subject to all legal requirements applicable to TSN.

From the above, it becomes objectively clear that managing the affairs of an apartment building on your own is a very unstable structure, since it often becomes difficult to organize a general council, collect contributions to solve a common problem, many lose initiative and do not have a competent approach.

Management with the help of a third-party organization - a management company - causes a lot of dissatisfaction, due to the fact that abuses on the part of such a company occur everywhere, requests from owners are ignored, the results of general meetings are falsified, tariffs are unreasonably inflated, fraud and waste of money from owners occurs.

However, this can be prevented through TSN, which is a good help, an effective and highly competitive organizational and legal form.

OFFICE PROCESS ->

5.10. Non-use by a member of the Partnership of real estate belonging to him or refusal to use common property is not grounds for releasing the homeowner in whole or in part from participating in the general costs of maintaining and repairing common property.

— The notice of a general meeting of members of the Partnership shall indicate information about the person on whose initiative the general meeting is convened, the place and time of the meeting, and the agenda of the general meeting. The general meeting of members of the Partnership does not have the right to bring up for discussion issues that were not included in the agenda.

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