If you are dissatisfied with the actions of your HOA , then the question naturally arises - is it possible to leave it.
There is a lot of information on this subject collected on the Internet, but it either fundamentally contradicts itself or is very confusing for the average person who is far from legal issues.
In this article we will tell you exactly how to leave a partnership , for what reasons and what nuances this procedure has.
You can find out how and where you can complain about the HOA, as well as how to re-elect the chairman of the association on our website.
About the opportunity
Let's figure it out - what is an HOA and is it possible to get out of it?
Firstly, it is an organizational and legal form that helps residents manage their home . This organization includes representatives of the owners - a narrow circle of people who wish to join the board.
This form of management is the most popular, since according to all the laws of logic, the residents who are on the board and make decisions on certain issues must act in the interests of preserving the house in its proper form, and therefore in the interests of other owners.
But in reality, other situations are not uncommon. Many people who reach the board, and therefore budget money, begin to behave inappropriately.
Of course, in this case, many property owners may want to leave the partnership in order to organize their own house management office or engage in landscaping on their own .
Contrary to popular belief, it is possible to leave this organization. However, it is not at all necessary to have good reasons for this.
The charter of a homeowners' association cannot oblige citizens to strictly belong to the organization, even if they do not wish to do so.
Of course, everything stated above is nothing more than a theory. But how are such conclusions justified in practice?
Application for withdrawal from the HOA sample.
Read on our website about how to conduct an audit of a partnership, as well as in what cases an inspection of the partnership by regulatory authorities is necessary.
Consequences of leaving SNT
The process of leaving a gardening partnership, in itself, is quite simple, however, if you are not careful about this issue, unpleasant consequences are possible. For example, if there is not enough money to pay off any debts.
In this situation, the board of the gardening partnership reserves the right to limit access or completely disconnect the owner from using communications. If the former participant does not repay the debt, the company has the opportunity to file an application in court and recover the entire debt from this citizen.
Once you leave the community, you will no longer be able to attend meetings, but will no longer have to pay taxes or be subject to bylaw rules. If you sign an agreement detailing your communications sharing obligations, you will be allowed to use them for an additional fee.
Joint ownership
All citizens who join the SNT pay so-called membership fees. These funds are spent on ensuring the life of the settlement and the equipment necessary for the comfortable use of all communications. If you decide to leave the community, you still have the right to a share of the community property.
What laws govern it?
Let's turn to the legislation. It is this that provides the legal justification for exit actions. Despite the fact that housing relations are regulated by the housing code , we will still turn to the civil code.
It is in this regulatory act that it is explained that a homeowners' association is nothing more than a corporate organization that exists on a non-profit basis .
The Civil Code does not regulate the main nuances of the existence of this organization, but its actions are nevertheless based on a specially adopted charter.
You can learn more about all the nuances prescribed in the civil code in Article 291 of the Civil Code of the Russian Federation.
This article also states that the main goal of creating a partnership is not to satisfy the needs of everyone on the board , but to directly manage and competently use the common property in an apartment building.
Find out from our articles about the HOA's standards for disclosing information to residents, as well as whether the association has the right to turn off electricity or water to debtors.
Normative base
Before talking about legislation relating to TSN, you first need to understand what kind of organization it is.
A real estate owners' association is an association of owners of premises, both residential and non-residential, to jointly resolve issues of use, disposal and ownership of real estate.
This structure is created for the most efficient management of the entire array of premises.
It is necessary to distinguish TSN from HOA (homeowners' association). These are similar organizations. HOA, typical for residential buildings with many apartments, is one of the types of TSN. However, in the second case, the concept is broader and includes any real estate.
Let's move on to the legislative framework regulating the activities of this association. First of all, the Housing Code of the Russian Federation stands out here. It contains the norms that define the main points of this association; they can be found in Chapter 12 of the code.
The Civil Code also addresses some issues related to TSN, primarily the rules governing decisions of meetings.
Since housing legal relations are under the joint jurisdiction of the Russian Federation and its constituent entities, regulation also occurs through the issuance of various acts of the regions of the Russian Federation.
One apartment
It often happens that only one owner is dissatisfied .
There may be a lot of reasons for this, but it is this person who refuses the services of the partnership and henceforth wants to carry out the responsibilities for maintaining his home himself. Can he do it?
Since the existence of a management company requires the participation of at least half of the owners of premises in apartment buildings, the withdrawal of one member from the composition is not significant .
To do this, you need to fill out the appropriate application to the owner, and also negotiate with resource-providing organizations on payment for utilities.
You can learn about the pros and cons of a partnership, as well as the responsibilities of the board and founders to residents, on our website.
The whole house
It is possible to leave the partnership with one house only in a number of cases. The first of them relates to the liquidation of a homeowners’ association, the second to reorganization, the issue of which is covered by Article 140 of the Housing Code.
A homeowners' association cannot exist without its members, so if the entire house decides to take a different organizational and legal form, this automatically the liquidation of the organization.
Read our article about the causes and stages of HOA bankruptcy.
SNT Vinogradovo portal
How much will the transition from SNT to TSN cost?
“I’m straining with all my strength and all my tendons, but today - again, like yesterday, - They surrounded me, surrounded me...” V. Vysotsky, 1968
Today the final plenary meeting of the autumn session was held in the State Duma of the Federal Assembly of the Russian Federation. There is no news for gardeners, gardeners and summer residents and there will be no more in 2021. Federal Law No. 217 “On the conduct of gardening and vegetable gardening by citizens for their own needs and on the introduction of certain amendments to the legislative acts of the Russian Federation” comes into force on January 1, 2021 in its previous form.
There was no particular hope that gardeners, vegetable gardeners and summer residents would be heard; a very large flock of “kites” had set their sights on the property and wallets of citizens. Interested in this anti-people and anti-state law are the owners of banks, construction, management and energy sales companies, administrations,
Municipalities and transnational food corporations are rubbing their hands in anticipation of free income.
The Ministry of Finance and the Ministry of Economic Development of Russia also did not stand aside and made their contribution.
Gardening, gardening and dacha associations of citizens, in connection with the entry into force on January 1, 2021, must undergo a reorganization procedure in the form of transformation of a legal entity and register the transfer of ownership of real estate. What does the Civil Code of the Russian Federation say about the registration of property during reorganization in the form of transformation?
Article 58.
“Succession in the reorganization of legal entities. 5. When a legal entity of one organizational and legal form is transformed into a legal entity of another organizational and legal form, the rights and obligations of the reorganized legal entity in relation to other persons do not change, with the exception of the rights and obligations in relation to the founders (participants), the change of which is caused by the reorganization.”
Article 218, paragraph 2, paragraph 3.
“In the event of reorganization of a legal entity, the ownership of the property belonging to it passes to legal entities - the legal successors of the reorganized legal entity.” But the Russian Ministry of Finance thinks differently. According to the Ministry of Finance, when transforming a legal entity that owns real estate objects, state registration of the transfer of ownership to the newly formed legal entity for these real estate objects is necessary. For state registration of the transfer of ownership of real estate to a newly formed legal entity in the order of succession, it is necessary to pay a state fee in the amounts established by paragraphs. 22 clause 1 art. 333.33 of the Tax Code of the Russian Federation (22,000 rubles!!!), as for state registration of rights.
(Letter of the Ministry of Finance of the Russian Federation dated October 11, 2016 No. 03-05-05-03/59071)
Unlike the Ministry of Finance, the Supreme Court of the Russian Federation on this issue took exactly the opposite position, based on the fact that during the transformation there is no succession and only a change in the organizational and legal form of the legal entity occurs, therefore it is enough to change the entry in the Unified State Register of the owner of the real estate by paying only 1000 rubles state fees for re-issuing a certificate in connection with such a change.
(Decision of the Supreme Court of the Russian Federation dated July 19, 2016 in case No. 310-KG16-1802, A14-3915/2015)
But the Supreme Court of the Russian Federation is not a decree for the Ministry of Finance of the Government of Russia!
It’s scary to think about the costs that Federal Law No. 217 involves for low-income and destitute citizens. Small gardening with pensioners in the provinces means death along with gardeners.
There will be expenses for: organizing and holding a general meeting of members of the association, preparing documentation, notarizing documents, submitting an application to the Federal Tax Service to begin the reorganization, conducting an inventory, drawing up accounting reports and a transfer act, organizing and holding a general meeting of founders, preparing documentation, certification notary of documents and a new charter, filing an application for reorganization with the Federal Tax Service.
To top it all off, in Rosreestr you will need to register in the Unified State Register of Real Estate the ownership of the SNT real estate to a new legal entity, this is 22,000 rubles for each object: - public land, transformer substation, power lines, main switchgear, gas pipeline, well, water pipeline, gatehouse, etc.
How much more money do you need to register PDO (public land), waste collection sites, your own land plots, buildings? And taxes must be paid.
How does this threaten socially vulnerable citizens?
Source: https://volga-garden.ucoz.ru/load/ovcy_v_zakone/1-1-0-496 (Text published with abbreviations)
Grounds and reasons
There may be a lot of reasons for leaving an apartment building association, but there are a number of common ones that are most often found everywhere , at all stages of the organization’s existence:
- Owners may be unhappy with the cash distribution policy.
- Owners may distrust board members.
- The owners found a more accommodating and beneficial organization for them.
- The owners want to change the organizational and legal type of house management.
- The HOA has lost its trust in the citizens.
As you can see, there can be a lot of reasons.
The procedure for leaving SNT
The process of leaving a gardening non-profit partnership takes place in strict accordance with the legislation of the Russian Federation. In this way, outside interested parties will not be able to interfere with the procedure or interfere with its implementation.
How are funds reimbursed when leaving the gardening partnership?
If the paperwork was completed successfully, then we can say that the issue is closed for the owner. However, there is no need to rush, there are two main nuances:
- Firstly, a person leaving the association retains the opportunity to use property purchased with common money received from contributions;
- Secondly, everyone can refund back a share of the targeted contributions paid. It is available to everyone who has deposited their funds several periods in advance.
Step by step instructions
If you decide to individually refuse the services of the partnership, then you must perform the following algorithm of actions :
- Come to the HOA office, declare your desire and ask for a sample application. They can't refuse you.
- In your application, please indicate the reason for leaving.
- Go through the mediation procedure - try to agree on a solution to the problem peacefully. If your demands are not met, the partnership issues an order to remove you from its membership.
- Contact the resource-providing organizations with a copy of the application. It is necessary to agree that you will be personally notified of payments. As a rule, this is also done in the form of an application.
If your apartment has debts for certain types of services, you cannot leave the membership until you pay them off.
If an entire house wants to leave the HOA, then this procedure is called liquidation .
Without a formed composition of residents including half, this organization cannot exist:
- Residents write a statement stating that they do not want to be served by this organization and why.
- The HOA resigns its powers and transfers all documentation to the owners.
- Within a month, residents must decide on a new way to manage the building.
- The HOA closes all its accounts and collects documentation from resource-providing enterprises.
What is needed to exit TSN
To leave the partnership, all you need is an application and a passport sent to the chairman of a certain type of TSN. In some cases, such as an exit along with the land, you will need to prepare other documents (about the right to property).
Also, in the case of SNT and HOAs, you will need to draw up an agreement for the use of all benefits - electricity, gas, and so on, since previously a similar agreement was concluded with the association. And since you left it, you will need a separate one, otherwise you may find yourself cut off from such benefits.
Exit process
The procedure is very simple.
As already mentioned, the main document for leaving TSN is a statement, which is best drawn up in several copies and ask the chairman to sign one of them, so that no unforeseen situations can arise in the future. This document can be submitted in person or sent by mail. The option of registered mail is the best option, since this way you can confirm that such a statement actually took place and was sent.
Consideration of your withdrawal requests should not, by law, exceed thirty days.
After your application has been considered, you will leave the partnership from the date indicated in the application, that is, from the date of preparation. However, it is better to demand an answer about this in writing.
What documents are required?
The following documents must be provided:
- statement;
- real estate ownership documents;
- a copy of the charter;
- technical documentation for housing;
- certificate of no debt.
How to properly file a resignation letter?
The application is completed in free form, but if your HOA has a prescribed form, do everything exactly with its description. You must also sign and date it written.
Termination of obligation to pay contributions
After leaving the SNT, any obligations of a material or multilateral nature cease. Regular payment of contributions is abolished. Instead, the land user will pay the payments established in the concluded agreement.
Timely payment of payments under the contract is the responsibility of the landowner. If this condition is ignored, the contract may be terminated and funds may be recovered in court. In addition, the partnership may limit access to property assets, and penalties will be charged on the amount of debt.
Be extremely careful. There are cases when membership fees were paid in advance for a year in advance. If the landowner leaves the SNT, the partnership has the right not to return contributions already paid. However, such funds paid in advance are returned.
For example, if a citizen submitted an application for retirement in October, then contributions from January to October will not be returned to him. But the money for November and December will need to be returned in full. In case of violations, you can go to court.
Processing times and costs
The withdrawal from the partnership is formalized within one week . In individual cases, the period may vary.
The exit procedure is absolutely free. You will only have to fork out if you have debts.
What documents are issued after? Afterwards, you receive a response from the administration or the HOA stating that you are no longer part of the organization.
When can they refuse? They may refuse if you have debts or if you are not the full owner of the property.
Consequences
After leaving the community, residents will have to pay resource-providing organizations on their own , and most importantly, find out from them about your testimony. In addition, it is necessary to take care of the common area adjacent to your apartment.
Now, knowing all the nuances of leaving the partnership, you don’t have to wait for other owners to decide on a detailed step, but act independently now.
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