List of mandatory documents for the HOA of a residential building

Legal entity according to the rules

What documents must be in the HOA for an apartment building?

The organization is registered as a legal entity whose activities are regulated by the Housing Code of Russia.

Accordingly, he, like any legal entity, has regulatory documents on which all activities are based.

List of regulatory documents:

1. Charter, which may be amended and supplemented.
2. Certificate of inclusion in the Unified State Register of Legal Entities (USRLE).
3. Certificate of right to use the land plot on which the house stands.
4. Certificate of registration with the tax office.
5. Certificate of registration with the Mandatory Medical Insurance Fund, Social Insurance Fund and Pension Fund.
6. Certificate from the State Statistics Committee on the assignment of OKPO, OKOPF or OKATO codes.
7. Bank certificate with current account details, etc.
8. Minutes of the general meeting of residents on the creation of the partnership.
9. Protocol of the counting commission on the counting of votes when creating a HOA at a meeting of homeowners in an apartment building.
10. The decision of apartment owners to create an association, taken at a general meeting of residents.

Like any organization, a partnership needs to have its own seal.

All documentation, protocols and journals are drawn up in strict order : certified by seal, stitched, numbered and signed by the chairman of the board.

Office work in the HOA

As you know, the management and control bodies in the HOA are the general meeting of owners of the premises of an apartment building, the general meeting of HOA members, the board of the partnership, the chairman of the HOA board and the audit commission (auditor). Documenting the management activities of the partnership requires maintaining its own records. Minutes of general meetings, meetings of the HOA board and the audit commission, and other documents of the partnership must “always be dry like gunpowder” and can be requested at any time for any reason. How to achieve registration and passage of partnership documents, their execution is considered by the chairman of the board of the Association of Homeowners' Association "Center" Lev Materov .

Documentation of the management activities of the homeowners' association is carried out on the basis of current national regulatory and methodological materials. The paperwork itself in the partnership is simply necessary “like air” for the management activities of the HOA. And it must begin as soon as an initiative group is formed in the apartment building to choose a method of managing the residential building.

The first minutes of the meeting of the initiative group must confirm the intention of the group of initiating owners to create a homeowners’ association in an apartment building or take control of a residential building without forming a legal entity or choose a management company of any organizational and legal form.

The initiative group should contact the residents of the building asking why it wants to choose this or that method of managing the residential building, conduct a survey of residents in order to determine what kind of owners, tenants, and tenants live in the building, and also receive proposals from residents for candidates for the future the board of the partnership, committees and commissions of the HOA, members of the audit commission, etc. All this will be useful in preparing and holding the constituent meeting and all this requires documentation and confirmation.

In addition, the initiative group incurs certain monetary expenses for the creation and registration of a homeowners' association, which will then be distributed among all owners - members of the association in proportion to the occupied area. They will have to be confirmed on the basis of the adopted charter of the HOA, and then approved at the general meeting of the members of the partnership. You will have to report to the owners of the premises of an apartment building for every penny spent. So, any expenses must be supported by documents: checks, contracts, fundraising inventories with signatures of the owners of the premises, etc.

Residents can offset part of the costs with their own resources: some have a computer and a printer, some have a photocopier, others have the opportunity to reproduce materials at work, etc. And all this needs to be taken into account by the initiative group, so as not to later sort out relations with certain owners of the house. Therefore, maintaining records from the very beginning allows you to avoid many conflicts in an apartment building in the future.

If you choose a method of managing an apartment building in the form of an HOA, the board of the partnership organizes and conducts office work on the basis of independently developed individual instructions and other regulatory and methodological documents that do not contradict legislative acts.

The instructions for record keeping are approved by a decision of the board of the association and establish general requirements for documenting activities and organizing work with documents in the association of homeowners.

Responsibility for organizing office work on the board of the partnership, compliance with established rules and procedures for working with documents is assigned by the charter of the partnership to the chairman of the board. And the chairman of the board appoints from the elected collegial management body responsible for record keeping, which ensures the recording and passage of documents and, in a timely manner, informs the board about the status of their execution, familiarizes the members of the HOA board with regulatory and methodological documents.

If the number of members of the board is small, office management functions are assigned to the chairman of the board. When a member of the board or employee goes on vacation, goes on a business trip, due to illness or dismissal, the documents he has, at the direction of the chairman of the board, are transferred to another member of the board or handed over to the chairman of the board.

The rights, duties and responsibilities of persons responsible for record keeping in the partnership are determined by their job descriptions, and also comply with GOST 6.30-97 “Unified documentation systems. System of organizational and administrative documentation. Requirements for the preparation of documents" and GOST R 51141-98 "Office work and archiving. Terms and Definitions".

The main types of partnership documents and their details should, as a rule, be drawn up on forms and have an established set of details and a stable order of their arrangement. Some HOAs have their own logo or “trademark.” The location of details on the forms of organizational and administrative documents of the partnership must comply with the above GOSTs.

Partnership documents drawn up in accordance with this GOST have legal force and can be used as arguments in courts of general jurisdiction or the Moscow Arbitration Court.

The name of the homeowners association is indicated in strict accordance with its Charter. It can be located in the upper left corner of the document or in the top middle. Often the names of the partnership at meetings are proposed by the owners and are the same. Thus, the most frequently repeated names are from the existing HOA “Our House” or the name of the street where the residential building is located, for example “Arbat”. As a result, you sometimes have to look for the address of the partnership throughout the city, and the postal address of, for example, the Arbat HOA may receive all correspondence on that street. Therefore, to avoid repetition, it is better to include the postal address in the title: 46 Profsoyuznaya str., building 2.

The abbreviated name of such a partnership will be HOA “Profsoyuznaya 46-2”. Then no one will confuse you with anyone.

The name of the type of document must correspond to the table of unified forms of documents, and the title to the text of the document must correspond to a summary of the contents of the partnership document. It should be as brief as possible. Accurately convey the meaning of the text. The title must be grammatically consistent with the title of the document. For example, an order (about what?) on the appointment of the chief accountant of the HOA, a card (about what?) of the movement of fixed assets of the partnership.

The date of the partnership document is the date of its signing, for a document adopted by a collegial body (general meeting of HOA members, the board of the partnership) - the date of its adoption, for an approved document - the date of approval. The document is dated by the official signing or approving the document, for example, the chairman of the board or the chief accountant of the HOA. It must be remembered that documents come into force from the moment they are signed (or approved), unless a different date is provided in the text or legislation. So, for example, the date of creation of the HOA (according to the law on state registration of legal entities...) is not the date of the general meeting of owners of the premises of an apartment building to choose a method of managing the house, but the date of registration of the partnership as a legal entity in the tax inspectorate No. 46 of Moscow and etc.

The dates of signing, approval, approval of the partnership document, as well as the dates contained in the text, must be issued digitally. Date elements are given in Arabic numerals in one line in the sequence: day, month, year (for example, 06/24/2005).

In the texts of partnership documents containing financial information, a verbal-numeric method of formatting dates is used: June 28, 2005. When referring in the text to a legal act, a HOA business agreement or other document, the date is formatted as follows: agreement No. 36-D dated June 28. 2005

Documents sent to third-party organizations on behalf of the HOA are signed by the chairman of the board, his deputy or the manager (management company). The composition includes: the name of the position of the person who signed the document, personal signature and its transcript. For example, - Chairman of the Board of the HOA "_____" (V.V. Ivanov).

Documents of collegial bodies are signed by the chairman of the meeting of the collegial body. For example, a general meeting of owners of premises in an apartment building - by the chairman of the meeting and its secretary.

The documents prepared by the commission or committee of the HOA do not indicate the positions of the persons who compiled them, but the distribution of responsibilities within the commission. When signing a partnership document by several officials, their signatures are located one below the other in the sequence corresponding to the position held.

If the official of the partnership whose signature is prepared on the draft document is missing, then the document must be signed by the person acting as the chairman of the board or his deputy. In this case, it is necessary to indicate the actual position of the person who signed the document and his last name (corrections “acting”, “deputy” are made typewritten or by hand). It is not allowed to sign partnership documents with the preposition “for” or with a slash before the title of the position.

A note on the execution of a partnership document and sending it to the file includes brief information about execution, if there is no document evidencing execution or, if such a document is available, a reference to its date and number. The document is marked with o, the number of the case in which the document will be stored, the date, the signature of the executor or manager in which the document was executed.

Documents are approved by decisions of the general meeting of owners of the premises of an apartment building, the general meeting of HOA members, the board of the partnership, the audit commission or the chairman of the board. Approval of partnership documents is carried out by affixing an approval stamp. Approval marks are drawn up as follows: APPROVED. Chairman of the Board of the HOA “_____”, (personal signature, initials, surname), date 00.00.00 or APPROVED. Minutes of the general meeting of the HOA “_______” No. ____ dated 00.00.00

Documents are addressed to the organization, their structural divisions or a specific official. When addressing a document to an organization or its structural unit without indicating an official, their names are written in the nominative case. When sending a document to an official, the name of the organization is indicated in the nominative case, and the position and surname of the addressee - in the dative case. When addressing a document to the head of an organization, its name is included in the addressee’s job title.

The full postal code is indicated when sending the partnership document to one-time correspondents in accordance with postal rules. For example: Homeowners Association “Yasenevy – 19”, 117593 Moscow, Yasenevy Boulevard, 19. It must be borne in mind that the chairman of the HOA board is elected for two years and, in order not to edit the title documents of the HOA each time, only the number of the residential building is indicated. Moreover, for each change in the title documents of the HOA, you must pay a state fee in the amount of 2,000 rubles. When electing a new chairman of the board, you must write to the post office serving the house the chairman’s apartment number, to which all correspondence is sent.

Taking into account new electronic media and the ability to send electronic letters and messages from a computer: Internet, e-mail, mobile communications, on the HOA letterhead you can indicate their personal address of the chairman of the board or one of the board members, and if the partnership has its own electronic mailbox of the board, then and his specific email account. E-mail makes it possible to hold virtual board meetings, exchange data and make quick decisions.

Requirements for the execution of documents sent by e-mail are similar to the requirements of GOSTs.

If the partnership document has attachments named in the text, then a note about them is drawn up in the following form: APPENDIX: for 10 sheets. in 3 copies. If the annexes are not named in the text, then it is necessary to list their names, the number of sheets and copies of each. APPENDIX: “List of beneficiaries - members of the HOA” on 3 sheets. in 1 copy. or “Certificate for calculating the debt of HOA members for housing and communal services” on 2 pages. in 1 copy.

If applications are bound, the number of sheets is not indicated. If there are several applications, they are numbered. Applications must be drawn up on standard sheets and contain all the details necessary for the partnership document.

These are just some of the office management requirements of a homeowners association. Features of the preparation and execution of certain types of documents (order for the HOA, instructions, minutes of the general meeting, notice of the general meeting, extract from the minutes of the general meeting, calculation of the shares of premises owners in the common shared ownership of an apartment building, application for membership in the HOA, obligation to make payments , certificate of the owner of the premises in an apartment building, certificate of absence of debt for payment of housing and communal services, etc.), list of documents of the HOA, the board of the HOA, the procedure for drawing up documents of the board of the partnership, list of members of the HOA, documents for the current work of the chairman of the board (administrative and regulatory -reference documents), an approximate list of documents on which the HOA stamp is placed, an approximate list of documents subject to approval by the board of the partnership, the procedure for forming cases, an approximate list of management documents of the HOA indicating retention periods, requirements for a “business letter”, etc. All this is in the following articles.

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There's never too much

In addition to the statutory documents, the residents' association is required to have internal and technical documentation .

The internal include the following:

• a list of HOA members, which should indicate both the homeowners directly involved in the partnership and residents who are not members of it;
• agreements with each member for the provision of services;
• HOA staffing schedule;
• personal accounts of apartment owners;
• accounting documentation for conducting activities.

The list of technical documentation consists mainly of title documents for the building and the land under it :

• act of the state commission on acceptance of the building into operation;
• registration certificate, which must be updated every five years;
• home ownership passport;
• certificate of entry into the property register;
• certificate of ownership of non-residential premises of the house;
• explications and floor plans of the building;
• schedules of operational responsibility and balance sheet ownership of resources;
• a land lease agreement issued by the local regulatory authority.

The need for a power of attorney

A power of attorney will be required in order to take an active part in the general meeting of owners of the partnership. The power of attorney (see sample) indicates the participant’s full name, place of residence, and passport details (series, number).

The power of attorney must be certified by the housing maintenance organization at the place of registration. You can also certify a power of attorney at your place of work, study, or medical institution.

If you have money, you can simply contact a notary and certify the power of attorney for a fee. Having a power of attorney, you will be able to actively participate in the life of the partnership, discuss issues that interest you, and vote.

Sample documents

Download for free: Notice of holding a general meeting of owners to choose a management method

List of premises owners

Registration sheet for participants of the general meeting

Minutes of the general meeting

Extract from the protocol

Notice of meeting results

Model charter of a partnership

Staffing table

Application for joining the HOA

Agreement with the management organization on the management of the house

Agreement with the owner on maintenance, repair and provision of services

Notice of the general meeting

Notice of an absentee meeting

Absentee ballot

Notice of financial debt

I have the right

What documents is the partnership required to provide to the owners ?

Apartment owners can legally request to review the charter and state registration certificate to ensure that the organization is properly registered.

In addition, they have the right to look at accounting and financial statements, information about audits, and estimates. If questions arise, the chairman of the board or a person authorized by him (for example, an accountant) is obliged to explain everything to the residents.

Of course, apartment owners can read all minutes of member meetings and board meetings, including voting documents.

The latter may be voting ballots, decisions of premises owners on issues put to vote, etc.

And, of course, residents of an apartment building can freely familiarize themselves with all the technical documents for the building in which they live. In order to find out all this information, it is enough to submit a written request to the HOA with an originating number.

Read about the standards for disclosing HOA information to owners in our article.

Sample order writing: how to write it correctly

An order is the main tool of a manager that launches certain processes in the company. Decisions may relate to hiring or firing, reorganization, company liquidation, layoffs, or other significant administrative or management actions. A novice manager does not always know how to write an order correctly; we will provide a sample of this document below.

Features of the document

The rules for drawing up and standards regarding orders are described in detail in GOST R 6.30-2003. Decisions may concern different divisions of the company, relations in the workforce, rules for working with documents, rewards, and punishments. Despite the different areas, these solutions are conventionally divided into 2 groups:

1. Office work - they relate to issues of core activity.
2. Regarding personnel – any personnel issues.

Important! The order must indicate the employee who is appointed responsible for implementation. If the company is small, it is often the manager himself.

To print or handwrite this document, letterhead is used, which must also contain:

• The coat of arms of the Russian Federation, if the form is issued at federal level institutions.
• Company emblem.
• Trademark.

Details and rules for drawing up

Before you begin to correctly draw up an order using the sample, you should find out what the required document details are. Among them:

1. Organizational and legal form of the company.
2. Full name, as in the constituent documents.
3. Registration number. All of them are necessarily recorded in journals.
4. Date of. There can be 2 of them: the first is the date of compilation, the second is the date of signature by the manager.

The text of the order must be written correctly in a business style, without personal opinions, insults, exaggerations and other phrases unacceptable for a business letter. Abbreviations and acronyms other than those that are generally accepted must not be used. If you need to add a lot of information to the main document, then you can create an appendix in which it is provided. If all data is entered in the main part, the pages should be numbered.

In cases where the document concerns personnel: dismissal, hiring, transfer, etc., the names of those involved in the decision are indicated at the very end of the document. It is necessary, after publication, to obtain their signatures, which will confirm familiarization with the document.

Content

First of all, indicate the name of the document, that is, “Order” in the center of the sheet. Further, before presenting the text, the topic, that is, what the order is about, the date of its preparation and the document number, in accordance with the registration book.

Next, the reasons are indicated, that is, the reason that led to the need to publish this document. Commonly accepted formulations:

1. According …
2. In order to…
3. Due to...
4. For the purpose of execution...

There may also be a link to a normative act, a previously issued decision, a clause of the charter, etc. This part ends with the resolution “I order.”

After this word, the administrative part begins; here it is very important to clearly, specifically and concisely indicate the essence of further actions and the persons who are responsible for carrying out the instructions.

Important! If the order has a deadline, then it is in the administrative part that they need to be indicated. If it is regular, no deadlines are specified. The final details are a signature with a transcript and the title of the position.

Mailing list

It is often required that employees familiarize themselves with the order, especially if it concerns organizational activities or personnel. In this case, a mailing list is created. It contains the following data:

1. Briefly the essence.
2. The persons who must familiarize themselves with the document are listed.

In some cases, such a sheet is not created, often in small enterprises, when it is physically possible to inform everyone personally.

Conclusion

When drawing up an order, you need to take into account a lot of nuances; the manager needs to learn how to write it correctly, since due to his job duties he will have to deal with it almost every day.

Help desk on the wire

In addition to taking care of those living on the territory of the house entrusted to the partnership, it is also responsible for issuing the residents the certificates they need.

This banal, but important for all apartment owners, work must be performed by a specially assigned employee in the staffing table. As a rule, this is a passport officer or a passport office clerk.

Certificates are issued in two types:

• about people registered in the apartment;
• about the composition of the family.

The latter are easy to manufacture and therefore are provided almost immediately after application. They are needed, for example, to enroll a child in kindergarten or school, as well as for various social institutions.

Preparation of registration certificates takes three days . There, broader information can be provided about residents of a particular apartment, including those who, for various reasons, have not been deregistered.

Such a certificate is taken if it is necessary to submit information to the registration chamber, for example, in a property transaction. Or a bank requires a certificate to register an apartment as a collateral, for example.

All certificates are issued solely on the basis of entries in the apartment register .

What documents must the homeowners association provide to the owners?

a) general information about the management organization, partnership and cooperative, including the main indicators of financial and economic activity (including information on annual financial statements, balance sheet and appendices thereto, information on income received for the provision of management services for apartment buildings ( according to separate accounting of income and expenses), as well as information on expenses incurred in connection with the provision of services for the management of apartment buildings (according to separate accounting of income and expenses), estimates of income and expenses of a partnership or cooperative, a report on the implementation of estimates of income and expenses partnership or cooperative);

shall entail the imposition of an administrative fine on officials in the amount of thirty thousand to fifty thousand rubles; for legal entities and individual entrepreneurs - from two hundred fifty thousand to three hundred thousand rubles.

The most important

One of the main activities of the partnership is, of course, collecting funds for the use of the resources of an apartment building. This collection is carried out through a wide variety of receipts. Let's list the main HOA receipts:

• receipt for payment of utilities. Each resident of the house receives it every month, indicating the period within which the amount accrued for the use of the benefits of civilization must be repaid;
• parking payment receipt. Newly built houses, as a rule, have their own underground or surface parking, a place in which residents can buy or rent. The HOA charges a set fee for maintaining a parking space in such a parking lot;
• receipt for payment of security services. In business or elite class houses, a private security company is often hired to guard the territory. In economy and comfort class, these functions can be performed by a concierge;
• receipt for payment of the HOA membership fee. Presented to the owner of the apartment upon joining the partnership;
• receipts for payment of targeted contributions to resolve issues related to house management.

Read about the procedure for making utility payments, as well as membership and target fees, on our website.

All receipts, as a rule, have standard forms, which are prepared by a staff accountant. They can be issued only for the provision of services has been concluded between the resident and the association

Receipts for targeted contributions must also be supported by a signed agreement with the contractor for the work or provision of services.

Not a single document can be issued by the HOA without securing it in one form or another in the contracts. Payment of the entrance fee occurs on the basis of the charter, which specifies its amount and form of payment.

What types of forms, acts and extracts are there?

A lot of documents pass through the HOA that record the activities of the partnership. Forms and extracts from the HOA:

1. A notice that describes the decisions made at the meeting.
2. A notice warning real estate owners about a meeting.
3. The procedure in which the requirements of credit institutions are satisfied.
4. Minutes of the general meeting of employees.
5. An announcement indicating the holding of a general meeting.
6. Help with payments for housing and communal services.
7. Application for concluding an agreement with a partnership.
8. Audit of the financial activities of the partnership.
9. Application for debt collection from property owners.
10. Application for reorganization of the partnership.
11. The protocol by which disagreements are reconciled.
12. An act indicating that the deficiencies in housing and communal services have been eliminated.
13. Inventory order.
14. Labor regulations of the partnership's employees.
15. Estimate on the income and expenses of the partnership.
16. A statement that a person enters into a partnership.
17. Audit report of the financial part of the partnership.
18. An act stating that housing and communal services were not presented in full.
19. Work acceptance certificate.
20. Extract on the absentee voting of the partnership's employees.