Model charter of a homeowners association

Management and control bodies in the partnership of real estate owners, their classification

The structure of the management and control and supervisory bodies of TSN and HOA is determined by the essence and purpose of these types of partnerships.

TSN is a voluntary association of property owners of various types for joint ownership, use and disposal of assets that, by force of law, are in common ownership or for common use. Members of TSN may pursue other goals related to property management that do not contradict the law (Article 132.12 of the Civil Code).
The HOA, by virtue of Article 135 of the Housing Code, is recognized as a non-profit structure, which is an association of owners of residential and non-residential premises, created to ensure the proper operation of an apartment building.

Thus, only persons who acquired premises or plots before the formation of partnerships of the named types or before joining them can be members of TSN/HOA.

The governing and control and supervisory bodies of TSN/HOA are created, first of all, to coordinate the interests of co-owners of real estate among themselves, as well as to represent them before third parties.

They are conventionally divided into:

higher (general meeting of members);
executive and administrative;
control and supervisory;
auxiliary.

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Membership in TSN

Members and founders of TSN can be the owners of residential and non-residential premises in the house. Also, members of the partnership can be legal entities to which the above-mentioned public facilities belong to the right of ownership, economic management or operational management.

Membership in TSN arises from the owner on the basis of a written application to join the partnership (Parts 1 - 5, Article 143 of the Housing Code of the Russian Federation). If a partnership has already been created in the apartment building, then persons who bought apartments or rooms in this house can also become members of TSN on the basis of ownership of the premises.

The Ministry of Construction proposed to include all homeowners in TSN
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Membership in TSN is terminated after filing an application to leave the partnership or upon termination of ownership of the premises in the apartment building.

A register of partnership members must be kept in TSN . The register must contain information about all members of the TSN, the size of their shares in the right of common ownership of non-residential premises in the house. A member of TSN must provide reliable information about himself and promptly notify the board of the partnership of any changes.

Competence of the general meeting of members of the association of real estate owners

The General Meeting traditionally resolves the most significant issues of TSN's activities, including amendments to the constituent documents and termination of the partnership's activities. The specifics of the competence of the general meeting of TSN members depend on the goals of the partnership and the type of property it manages.

Let's look at the example of an HOA:

approval of the charter in a new edition, amendments to it;
making a decision on the reorganization/liquidation of the HOA;
appointment of a liquidation commission;
approval of the liquid balance (interim, final);
election of TSN governing bodies (board, auditor, chairman), termination of powers of TSN officials; agreeing on the amount of mandatory membership fees;
establishing the procedure for forming a reserve fund;
approval of a report on the use of funds from such a fund;
giving consent to the HOA receiving a loan/credit;
determining ways to use income from business activities;
annual approval of an action plan to maintain the safety and proper condition of common property, which, if necessary, should include cosmetic or major repairs, renewal of communications, etc.;
approval of: annual report on activities carried out; estimates of income and expenses for the year; report on the implementation of such estimates;
hearing, taking into account the audit report on the financial condition of the HOA (in case of an audit);
approval of the annual report on the activities of the HOA, presented by the board;
approval of the conclusion of the sole auditor or the audit commission based on the results of an audit of the annual financial statements of the HOA;
consideration of complaints against actions, inaction, decisions of the governing and control and supervisory bodies of the HOA;
establishing and changing internal labor regulations for hired workers, ensuring the maintenance of the proper condition of an apartment building, its cleaning, and security of the territory;
establishing the amount of remuneration for members of governing bodies.

By virtue of Art. 145.1 of the Housing Code, the powers of the general meeting of the HOA may include other powers. As for TSN, the list of powers of the general meeting of its members is not directly established in the Civil Code. Thus, the founders and members of TSN have even greater powers. Their meeting will have all the powers listed in the charter.

We draw up and register the charter for TSN (real estate owners' partnership)

application for state registration of changes (Appendix 4 to Order No. ММВ-7-6/ [email protected] 2021 - form P13001);
minutes of the general meeting of TSN members, at which the new edition/changes were approved;
changes made to the charter or its new edition;
confirmation of payment of state duty.

We are drawing up the TSN charter: sample 2021

Answering the question whether it is necessary to sign the charter when creating a TSN, we refer to the requirements for the preparation of documents submitted for registration, approved by Order of the Federal Tax Service of the Russian Federation dated January 25, 2021 No. ММВ-7-6 / [email protected] (hereinafter referred to as Order No. ММВ-7 -6/ [email protected] ).

In addition, HOAs often enter into contracts with utility providers. Sometimes contracts are concluded even with management companies. The homeowners' association may enter into agreements with the management company in order to transfer some of its powers to it. The conclusion of the contract takes place according to the rules provided for by the housing and civil codes.

statement of intent to create a homeowners' association;
certificates from the tax service (OGRN and TIN);
application from the bank to open an account;
internal local acts regulating the procedure for holding meetings and other important aspects.

Constituent documents of the homeowners association

Like any other legal entity, an HOA is created on the basis of constituent documents, one of which is the charter. Its standard sample can be downloaded on the Internet. The State Duma decided to make changes to the new edition of the RF Housing Code. These changes also affected the charter.

12.4. Decisions of the general meeting of members of the Homeowners Association on issues included in the competence of the general meeting by the Housing Code of the Russian Federation are adopted by at least 2/3 of the votes of the total number of votes of the members of the Partnership:

1.6. The Partnership may, in its own name, make any transactions that do not contradict the law and this Charter, acquire property and non-property rights, represent the general interests of the owners of premises in state authorities, local governments and other organizations.

Status-economic and organizational-technical powers

The powers of the general meeting of TSN members are divided into types.

The first group (status-economic) includes:

initiation of a change in the organizational and legal form of TSN (including reorganization into a consumer cooperative)
initiation of liquidation of TSN;
adoption or approval of a decision regarding valuable property (alienation to third parties, leasing, establishing an easement, encumbrance in another way);
making decisions on the purchase, construction, overhaul, reconstruction, extension/completion of a building, construction of outbuildings;
providing consent to the executive bodies of TSN to receive borrowed funds;
determination of directions for using income.

Organizational and technical powers of the general meeting:

election of the board, auditor (audit commission);
establishing temporary or permanent bans or restrictions on the use of common property;
approval of the business plan for the next financial year, and at its end - approval of the report;
establishing the amount of mandatory membership fees;
formation of reserve and other special funds of TSN;
consideration of complaints against the activities and decisions of the executive, administrative and control and supervisory bodies of TSN, as well as their officials;
establishment/change of regulations on remuneration of TSN personnel, internal labor regulations;
establishing remuneration for TSN board members.

Model charter of a homeowners association

MODEL CHARTER

HOMEOWNERS ASSOCIATIONS

1. General Provisions

1.1. Homeowners Association “______________________”, formed on the basis of the house (houses) N ____________ on the street ___________________________________________________________________________,

hereinafter referred to as the Partnership, is an association of owners of premises in an apartment building for joint management, ensuring the operation of a complex of movable and immovable property, ownership, use and disposal of common property in accordance with the Civil Code of the Russian Federation, the Housing Code of the Russian Federation and other legislative acts of the Russian Federation governing civil and housing legal relations.

1.2. Location (legal address) of the Partnership: _________________.

1.3. The Partnership is a non-profit organization. The Partnership has the right to carry out business activities in accordance with Art. 152 of the Housing Code of the Russian Federation.

1.4. Funds received by the Partnership as a result of economic activities, by decision of the general meeting, are used to pay general expenses in accordance with the Partnership's budget or are sent to special funds spent for the purposes provided for in the Charter, and are not subject to distribution among members of the Partnership in the form of dividends.

1.5. The partnership is a legal entity from the moment of state registration, has an independent balance sheet, current and other bank accounts, round and other seals with its name, a corner stamp, forms and other details necessary for carrying out business activities.

1.7. The Partnership is liable for its obligations with all its property and is not liable for the obligations of the members of the Partnership.

1.8. The partnership is created without limiting the period of activity, unless otherwise provided by the Charter.

1.9. The Partnership is guided in its activities by this Charter, the Housing Code of the Russian Federation, regional laws, orders and resolutions, as well as decisions of the general meeting of members of the Partnership, if they do not contradict current legislation.

1.10. The partnership is created for the purpose of joint management by the owners of premises of a complex of real estate in an apartment building, ensuring the operation of this complex, ownership, use and, within the limits established by law, disposal of common property.

2. Economic activities of the Partnership

homeowners

2.1. To achieve the goals provided for by the Charter, the Homeowners Association has the right to engage in economic activities.

2.2. A homeowners' association may engage in the following types of business activities:

1) maintenance, operation and repair of real estate in an apartment building;

2) construction of additional premises and common property in an apartment building;

3) renting out part of the common property in an apartment building;

2.3. Based on the decision of the general meeting of members of the Homeowners Association, 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 by the Charter of the Partnership. Additional income may be used for other purposes of the Homeowners Association’s activities, provided for by the Charter of the Partnership.

3. Rights of the Homeowners Association

3.1. The homeowners association has the right to:

1) conclude, in accordance with the law, an agreement for the management of an apartment building, as well as agreements on the maintenance and repair of common property in an apartment building, agreements on the provision of utility services and other agreements in the interests of members of the Partnership;

2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property in an apartment building, costs for major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as expenses for other expenses established by the Charter of the Partnership goals;

3) establish, on the basis of the accepted estimate of income and expenses for the year of the Partnership, the amounts of payments and contributions for each owner of premises in an apartment building in accordance with his share in the right of common ownership of common property in an apartment building;

4) perform work for the owners of premises in an apartment building and provide them with services;

5) use loans provided by banks in the manner and under the conditions provided for by law;

6) transfer material and monetary resources under the agreement to persons performing work for the Partnership and providing services to the Partnership;

7) sell and transfer for temporary use, exchange property belonging to the Partnership;

create an association of homeowners' associations for joint management of common property in apartment buildings.

3.2. In cases where this does not violate the rights and legitimate interests of the owners of premises in an apartment building, the Homeowners Association has the right to:

1) provide for use or limited use part of the common property in an apartment building;

2) in accordance with the requirements of the law, in the prescribed manner, build on, rebuild part of the common property in an apartment building;

3) receive for use or acquire land plots into common shared ownership of the owners of premises in an apartment building for housing construction, construction of utility or other buildings and their further operation;

4) carry out, in accordance with the requirements of the law, on behalf and at the expense of the owners of premises in an apartment building, the development of allocated land plots adjacent to such a house;

5) enter into transactions and other actions that meet the goals and objectives of the Partnership.

3.3. If the owners of premises in an apartment building fail to fulfill their obligations to participate in common expenses, the Homeowners Association has the right in court to demand forced reimbursement of mandatory payments and contributions.

3.4. A homeowners' association may demand in court full compensation for losses caused to it as a result of the failure of the owners of premises in an apartment building to fulfill their obligations to pay mandatory payments and contributions and pay other general expenses.

4. Responsibilities of the Homeowners Association

4.1. The homeowners association is obliged to:

1) ensure compliance with the requirements of Chapter 13 of the Housing Code of the Russian Federation, the provisions of other federal laws, other regulatory legal acts, as well as the Charter of the Partnership;

2) enter into agreements on the maintenance and repair of common property in an apartment building with the owners of premises in the apartment building who are not members of the Partnership;

3) fulfill obligations under the contract in the manner prescribed by law;

4) ensure proper sanitary and technical condition of common property in an apartment building;

5) ensure that all owners of premises in an apartment building fulfill their responsibilities for the maintenance and repair of common property in an apartment building in accordance with their shares in the right of common ownership of this property;

6) ensure compliance with the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for ownership, use and disposal of common property;

7) take measures necessary to prevent or terminate actions of third parties that impede or interfere with the exercise of the rights of ownership, use and, within the limits established by law, of the owners of premises with common property in an apartment building;

represent the legitimate interests of the owners of premises in an apartment building, including in relations with third parties.

5. Ownership rights to common property of owners

premises in an apartment building

5.1. The owners of premises in an apartment building own, by right of common shared ownership, premises that are not parts of apartments and are intended to serve more than one premises in a given building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics , basements in which there are utility lines, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one premises, the land plot on which this house is located, with elements of landscaping and landscaping and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot (hereinafter referred to as the common property in an apartment building home). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.

5.2. The owners of premises in an apartment building own, use and dispose of common property in an apartment building within the limits established by civil legislation and the Housing Code of the Russian Federation.

5.3. Reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this building, including those who are not members of the HOA, through its reconstruction or modernization.

5.4. By decision made at a general meeting of owners of premises in an apartment building, common property in an apartment building may be transferred for use to other persons if this does not violate the rights and legitimate interests of the owners of premises in this building.

5.5. The land plot on which the apartment building is located may be encumbered with the right of limited use by other persons. It is not permitted to prohibit the establishment of encumbrances on a land plot if it is necessary to ensure access for other persons to objects that existed before the entry into force of the Housing Code of the Russian Federation. A new encumbrance of a land plot with a right of limited use is established by agreement between the person requiring such an encumbrance of the land plot and the owners of premises in an apartment building. Disputes regarding the establishment of encumbrance of a land plot with the right of limited use or the conditions of such encumbrance are resolved in court.

6. Determination of shares in common property rights

for common property in an apartment building

6.1. The share in the right of common ownership of common property in an apartment building of the owner of the premises is proportional to the size of the total area of the specified premises.

6.2. The share in the right of common ownership of common property in an apartment building of the owner of the premises follows the fate of the ownership of the specified premises.

6.3. When transferring ownership of premises in an apartment building, the share in the right of common ownership of the common property of the new owner of such premises is equal to the share in the right of common ownership of the specified common property of the previous owner of such premises.

6.4. The owner of the premises has no right:

1) to allocate in kind his share in the right of common ownership of common property;

2) alienate his share in the right of common ownership of common property in an apartment building, as well as perform other actions entailing the transfer of this share separately from the right of ownership of the specified premises.

7. Funds and property of the Homeowners Association

7.1. The Homeowners Association may own movable property, as well as real estate located inside or outside an apartment building.

7.2. The funds of the Homeowners Association consist of:

1) mandatory payments, entrance and other fees of members of the Partnership and owners of premises who are not members of the HOA;

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 to ensure the operation of common property in an apartment building, carrying out current and major repairs, providing certain types of utilities and other subsidies;

4) other income.

7.3. Based on the decision of the general meeting of members of the Homeowners Association, special funds may be formed in the Partnership and 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.

7.4. The Board of the Homeowners Association has the right to dispose of the Partnership’s funds in its bank account in accordance with the Partnership’s financial plan.

8. Maintenance of common property in an apartment building

8.1. Owners of premises in an apartment building bear the burden of expenses for maintaining common property in an apartment building.

8.2. The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises, is determined by the share in the right of common ownership of the common property of the specified owner.

9. Membership in the Homeowners Association

9.1 Membership in the Homeowners Association arises from the owner of premises in an apartment building on the basis of an application for membership in the Homeowners Association.

9.2. If a Homeowners Association has been created in an apartment building, persons purchasing premises in this building have the right to become members of the Partnership after they acquire ownership of the premises.

9.3. Membership in the Homeowners Association is terminated from the moment of filing an application to leave the Partnership or from the moment of termination of the ownership rights of a member of the Partnership to premises in an apartment building.

10. Management bodies of the Homeowners Association

The governing bodies of the Homeowners Association are the general meeting of members of the Association and the board of the Association.

11. General meeting of members of the Homeowners Association

11.1 The General Meeting of members of the Homeowners Association is the highest governing body of the Partnership and is convened in the manner established by the Housing Code of the Russian Federation and the Charter of the Partnership.

11.2. The competence of the general meeting of members of the Homeowners Association includes:

1) amendments to the Charter of the Partnership:

2) making decisions on the reorganization and liquidation of the Partnership;

3) election of the board and audit commission (auditor) of the Partnership;

4) establishing the amount of mandatory payments and contributions for owners of premises in an apartment building;

5) the formation of special funds of the Partnership, including a reserve fund, a fund for the restoration and repair of common property in an apartment building and its equipment;

6) making a decision on obtaining borrowed funds, including bank loans;

7) determining the directions for using income from the economic activities of the Partnership;

approval of the annual plan on the financial activities of the Partnership and a report on the implementation of such a plan;

9) consideration of complaints against the actions of the board of the Partnership, the chairman of the board of the Partnership and the audit commission (auditor) of the Partnership;

10) adoption and amendment, upon the proposal of the chairman of the board of the Partnership, of the internal regulations of the Partnership in relation to employees whose duties include servicing an apartment building, provisions on remuneration for their labor;

11) determining the amount of remuneration for members of the Board of Directors of the Partnership;

12) making decisions on leasing or transferring other rights to common property in an apartment building;

13) other issues provided for by the Housing Code of the Russian Federation or other federal laws.

11.3 The Charter of the Homeowners Association may include the resolution of other issues in addition to those indicated within the competence of the general meeting of members of the Association.

11.4. The general meeting of members of the Homeowners Association has the right to resolve issues that fall within the competence of the board of the Association.

12. Procedure for holding and organizing the general meeting

members of the Homeowners Association

12.1. Notification of a general meeting of members of the Homeowners Association is sent in writing by the person on whose initiative the general meeting is convened, and is given to each member of the Association against signature or by mail (registered mail). The notice is sent no later than ten days before the date of the general meeting.

12.2. The notice of a general meeting of members of the Homeowners Association 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 Homeowners Association does not have the right to bring up for discussion issues that were not included in the agenda.

12.3. The general meeting of members of the Homeowners Association is valid if it is attended by members of the Partnership or their representatives with more than 50% of the votes.

1) amendments to the Charter of the Partnership;

2) making decisions on the reorganization and liquidation of the Partnership;

3) election of the board and audit commission (auditor) of the Partnership;

4) establishing the amount of mandatory payments and contributions of members of the Partnership;