We competently draw up the charter of the HOA: what it is, rules of registration and a sample of the constituent document

Open the document in your system ConsultantPlus: Open the document in your system ConsultantPlus: The conclusion about the lack of proper procedural status of the HOA as a plaintiff was made by the courts without taking into account these rules of law, the Charter of the HOA and the fact that the developers who became the owners of premises in a residential building according to the above address and formed such a partnership, thereby transferring to the latter the right to act as their representative in relations with third parties, including under contract agreements with OJSC Remstroytsentr. Open the document in your ConsultantPlus system: The Financial Department notes that VAT is assessed on funds received by the HOA from its members if it enters into agreements on its own behalf with utility providers, i.e.

It is advisable to entrust the preparation of the main constituent document to a lawyer competent in matters of this kind. It is permissible to take as a basis the charter of an already existing and functioning partnership, changing the relevant details and clauses in it, or use the form of a standard charter, which also does not contradict the legislation of the Russian Federation (Article 52 of the Civil Code of the Russian Federation).

A homeowners' association as a method of managing apartment buildings has its advantages and disadvantages. Let's look at them in more detail:

Another problem that owners face when registering an HOA is proper documentation at all stages of creating an organization.

A homeowners' association is created in several stages, including:

1. Creation of a group of owners, which will subsequently organize a non-profit enterprise . The initiators of the creation of the HOA may not be elected at the general meeting, however, they must have an understanding of the legal and economic aspects of the work of the Partnership.

Recruitment of employees to the Partnership staff is based on the needs of the premises owners. As a rule, the HOA includes the following personnel:

1. chairman (mandatory employee elected by the owners of apartment buildings);
2. members of the board, elected at the general meeting, involved in personnel selection and other issues related to the management of the organization;
3. accountant keeping the records of the Partnership (in his absence, this function is performed by the chairman):
4. lawyer (if residents consider it necessary to have such an employee on staff);
5. workers:
   electrician;
6. elevator operator;
7. concierge;
8. cleaning woman;
9. plumber;
10. street cleaner;
11. passport officer

Depending on the provisions of the approved Charter, there are several ways to elect the Chairman of the Partnership:

1. by election at a general house meeting;
2. by electing a leader by members of the HOA board from among them.

A mandatory condition for the legality of elections is the presence of relevant items on the agenda of the meeting, as well as the reflection of the voting results in the minutes. The head of the HOA is elected for a term specified in the Charter of the non-profit organization, but not exceeding two years. The employee registration includes:

• issuing an order to take office;
• drawing up a fixed-term employment contract;
• submitting an application for registration as a manager to the Federal Tax Service;
• obtaining an extract from the Unified State Register of Legal Entities.

Members of the board of a non-profit organization are required to hold an annual meeting in the second quarter of the year following the reporting year. The event is considered successful only if the turnout is 50% of all owners, otherwise the collection must be held again at a predetermined time.

As for other types of reporting to residents, their form, mandatory nature and frequency are established by the HOA Charter. It is worth noting that the uniform form of the report of the chairman and members of the board is not established by law and remains at the discretion of the owner of the premises located in the apartment building,

New charter of the homeowners association, taking into account changes in 2021, sample

Read more about these and other important innovations that will take effect in January 2021 in the infographic. Click on the image to enlarge. You can find out what business expects from January 1, 2021 from our other infographics. The new rules are designed to make life more difficult for “black realtors”, but make it easier for respectable citizens.

To make changes to the charter, it is necessary to convene a general meeting and draw up minutes. Changes to the charter are certified by a notary and sent to the registration authority - the tax office. At the same time, both the new version of the charter and in the form of separate appendices to the old version of the charter can be registered with the tax office. To do this, the head of the HOA submits an application to the registration authority in form P13001.

What changes to the content of the HOA charter have been made by the new Housing Code of the Russian Federation in 2021

1. Minutes of the general meeting of the HOA . Such documentation is subject to storage, most often the chairman is in charge of this. Meetings are held on various topics: the creation of the HOA itself, the selection of the chairman and other general issues that directly affect all owners.
2. Charter . Article 135 of the Housing Code says that such a document is adopted through the participation of owners in the meeting, and, therefore, is accessible to them. The protocols for amending this bylaw can also be reviewed by all members of the HOA.
3. Certificates of work performed on the house , contracts with third-party organizations performing work and providing services within the house.
4. Minutes of meetings at which issues of the amount and method of payment are resolved.

• change of name;
• indication “non-profit corporate organization”;
• engaging in entrepreneurship is possible to achieve the common goals of the owners;
• the chairman and the board must act;
• it is possible to elect several jointly acting chairmen;
• the possibility of forming a supervisory board;
• change in accordance with Article 65 of the rights and obligations of HOA members.

How to compile and format it correctly?

Before drawing up the document, you should determine the main areas of activity of the partnership and methods for their implementation of these areas.

The form of the document is exclusively written. The charter is drawn up on separate A4 sheets and should consist of sections containing a description of various aspects of the rules of the partnership. The text on the first page begins with the word “charter” in the middle of the page, followed by the name of the housing association, and at the bottom of the title page the locality and year of creation of the HOA are indicated (read about the creation of the HOA here, we talked about the feasibility, pros and cons of creating the HOA here, and how learn how to create your own HOA from this material).

In the upper right corner of the title page you need to write “I approve”, and below the name of the chairman, his signature and the date of acceptance.

Note! The name of the structure must contain the words “homeowners’ association”; it is also necessary to indicate all the addresses of the houses included in the association.

The subject of activity should be the organization of management of common real estate of residents of apartment buildings, and the goals of creating the structure should include the following :

1. organizing repairs and maintenance of joint property of residents;
2. ensuring uninterrupted supply of utility resources to consumers-members of the HOA;
3. organization of landscaping of areas adjacent to houses;
4. carrying out activities aimed at maintaining the proper condition of common property;
5. ensuring compliance with the interests of property owners and representing these interests in government bodies and commercial structures.

The following lists the conditions necessary for joining a partnership . Such conditions should include:

• the presence of residential premises belonging to the HOA;
• regular payment of contributions.

A separate clause of the charter determines the procedure for electing the chairman (at a general meeting or at a meeting of the board).

In the section defining the rules for decision-making, it is necessary to indicate the frequency of holding meetings of apartment owners and board meetings, as well as identify issues the resolution of which will be within the competence of the general meeting or the board.

After this, you need to describe the number of members of the audit commission , which ensures control over the activities of the governing bodies. For small housing associations, including up to a hundred members, one auditor is appointed, and for larger structures it is desirable to create a commission of three people.

Note! The minutes of the meeting submitted to the tax service must contain information about the adoption of the charter document and the number of votes of the owners cast for its adoption (clause 5 of Article 136 of the Housing Code of the Russian Federation).

To register the charter, the chairman must contact the tax service with the following documents:

• minutes of the meeting at which the charter was adopted;
• information about the apartment owners who voted;
• receipt of payment of state duty;
• a certified copy of the charter in two copies.

You will find step-by-step instructions for registering an HOA with the tax office here.

HOA Charter

Video on how to place information about the HOA Charter in the GIS in electronic form:

Read about what GIS is for HOAs and how to register housing and communal services in the system here.

Can an HOA be an LLC or an individual entrepreneur, what is the current and personal account of an HOA? The answers to these questions will be found in other materials.

Making changes to the HOA charter 2021 step-by-step instructions

The change of LLC address is carried out using form P13001, the new address is indicated on Sheet B of the application. When submitting for state registration of changes to the tax office with form P13001, certified by a notary, two copies of the charter with the new address of the LLC, a paid receipt of the state duty on amendments to the constituent documents of the LLC, a decision (protocol) on changing the location of the LLC, documents for the new legal address ( copy of the certificate of ownership, copy of the lease agreement).

1. Estimate of income/expenses of the partnership for the maintenance, maintenance, and repair of apartment buildings.
2. Documents confirming payment of utilities and other expenses for maintaining the house made by residents.
3. Minutes of meetings, sessions, charter and amendments to it.
4. Other financial documents.

Model charter of the HOA (Homeowners' Association) in 2021

1. General provisions.
2. Goals and activities.
3. Legal status of the partnership.
4. Ownership of residential and/or non-residential premises and common property in an apartment building.
5. Funds and property of the partnership.
6. Economic activity.
7. Partnership membership, etc.

Naturally, such a decision should be made at a general meeting of residents and be the free expression of all community members. It is important to remember that any decisions regarding the HOA can only be made in this way.

What to do if a tenant disagrees with certain provisions of the document?

All provisions of the charter are adopted by the owners and members of the HOA during the general meeting . But it happens that one of the residents does not agree with a certain point: the amount of payment, property management.

If the tenant - the owner of the premises does not agree with any point, it is necessary first of all to contact the chairman of the board with a letter in which he sets out the essence of the complaints. The response must also be provided to the applicant in writing.

The final authority in case of failure to reach an understanding between the board and the tenant is the court .

The lawsuit is filed at the location of the defendant. In this case, this is also the applicant’s address – an apartment building managed by a HOA.

Sample HOA charter

Drawing up the provisions of the charter requires special legal knowledge, and usually members of the partnership will not be able to independently develop such a document, especially in 2021, because the legislation has undergone changes that only a literate person can understand, because the document should not contradict the information of the Civil and Housing Code.

The front side of the charter must indicate information about the place and date of its preparation. In addition, the official name, location of the residential building and postal address are indicated. These are the so-called general provisions.

Contents of the document

The main document for managing an apartment building is the charter. Like any other constituent legal document, this legal act must comply with the requirements provided for by law. It should include elements such as:

1. Date and place of document preparation.
2. An indication of an apartment building or any other property that needs to be managed.
3. The official name of the newly created legal entity.
4. An approximate list of general provisions taken from the Housing Code of the Russian Federation.
5. Address and location index of the apartment building.
6. Listing of objects related to the common property of an apartment building.
7. Rights and obligations of members, etc.

You can also indicate, for example, step-by-step instructions for the distribution of material resources of the HOA, provide for the procedure for determining the tax base, include instructions for the entry and exit of members from the HOA, etc.

HOA Charter (including

• 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.

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.

Contents of the document

The main document for managing an apartment building is the charter. Like any other constituent legal document, this legal act must comply with the requirements provided for by law. It should include elements such as:

1. Date and place of document preparation.
2. An indication of an apartment building or any other property that needs to be managed.
3. The official name of the newly created legal entity.
4. An approximate list of general provisions taken from the Housing Code of the Russian Federation.
5. Address and location index of the apartment building.
6. Listing of objects related to the common property of an apartment building.
7. Rights and obligations of members, etc.

You can also indicate, for example, step-by-step instructions for the distribution of material resources of the HOA, provide for the procedure for determining the tax base, include instructions for the entry and exit of members from the HOA, etc.

HOA Charter 2021 (simple version)

8.6. The notice of the 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.

8.8. Decisions of the General Meeting of members of the Partnership on issues referred by the Housing Code of the Russian Federation to the competence of the General Meeting in accordance with clauses 2, 6, 7 of clause 8.2 of this Charter are adopted by at least two-thirds of the votes of the total number of votes of the members of the Partnership. Decisions on other issues are made by a majority vote of the total number of votes of the members of the Partnership or their representatives present at the General Meeting.

Procedure for adoption of the charter

The Housing Code, namely Articles 45–48, determines the procedure for adopting the charter of the owners’ association:

1. The charter is approved by all homeowners at a meeting.
2. The meeting is allowed to be held even in absentia. Absentee voting is possible only after the general meeting is held in person.

The charter itself is a laced and numbered document , certified by the signature of the chairman . Printing is optional. The owners do not sign the document.

A copy is made of the charter and then certified by a notary.

The charter of the HOA must be registered with the Federal Tax Service as a legal entity.

Amendments to the charter of the homeowners association 2021 sample

• If the required number of people is not present at the meeting, the law provides for a repeat vote, including a preliminary absentee stage of collecting signatures. For this purpose, door-to-door visits are made to the owners of the premises. The protocol with signatures collected in this way is attached to other documents.

In this regard, the Ministry of Construction of the Russian Federation issued an explanation in which it indicated that changing the name of the HOA in connection with bringing it into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation does not require changes to the title and other documents containing its previous name (letter dated 10.04. 2015

Sample HOA Charter 2021

An HOA can only be created at a general meeting where all owners will be present. However, a meeting of residents and making a decision is not the whole process, because such a non-profit organization must necessarily register with the territorial division of the tax service.

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;

Making changes to the text of the HOA Charter 2021 step-by-step instructions

As stated in housing legislation, an HOA is created for an indefinite period! This rule can only be changed by the corresponding paragraph of the HOA charter. Based on the fact that the legal entity itself. a person can act indefinitely, then the charter also has no validity period. It can only be changed.

Full and short official name of the Partnership: _______________________________________________________________; ______________________________________________________________. Location of the Partnership: _________________________.

Contents of the document

The main document for managing an apartment building is the charter. Like any other constituent legal document, this legal act must comply with the requirements provided for by law. It should include elements such as:

1. Date and place of document preparation.
2. An indication of an apartment building or any other property that needs to be managed.
3. The official name of the newly created legal entity.
4. An approximate list of general provisions taken from the Housing Code of the Russian Federation.
5. Address and location index of the apartment building.
6. Listing of objects related to the common property of an apartment building.
7. Rights and obligations of members, etc.

You can also indicate, for example, step-by-step instructions for the distribution of material resources of the HOA, provide for the procedure for determining the tax base, include instructions for the entry and exit of members from the HOA, etc.

Features of the HOA Charter

It is worth noting the importance of having a section “Types of activities” in the Charter. If the constituent document does not include repairs, then, if carried out at the expense of the Partnership, such activity will be a violation of the law and is fraught with the liquidation of the organization.

The need to change the HOA Charter arises in the course of the organization’s activities or due to changes in the current legislation of the Russian Federation. The procedure for making changes to the document is regulated by Federal Law No. 7 of January 31, 2021.

What nuances should be reflected in the charter of the partnership?

The main rule when drawing up a charter is its compliance with the norms of legislation and the Housing Code of the Russian Federation in particular.

When composing the text, you should consider the following rules:

1. You can entrust the creation of the charter to a competent lawyer or try to do it yourself, relying on the letter of the law. You can take a standard form as a basis. Be sure to discuss all points with the owners and, if you disagree, adjust the text.
2. According to changes in housing legislation, it is necessary to include in the charter a clause on the collection of payments for major repairs from the owners. The state has developed a scheme for the accumulation of these amounts, an operator for the collection and use of funds, but these data must be reflected in the new charter.
3. The activities that the partnership will engage in must be specified in the charter. If the HOA will not deal with any type of it (for example, carrying out any type of repair), this should also be indicated.

Separately, it is worth mentioning the provisions regarding HOA members . It is necessary to indicate the criteria for the participation of the latter in the partnership, penalties, participation of minors, and persons who are not owners of apartments in an apartment building.

When composing the text of the document, it is worth focusing on the experience of existing HOAs. It is definitely worth studying the new edition of the Housing Code, since changes and additions are made to it every year.

The new charter of the HOA or amendments to the old one are approved at the general meeting

After the results of the meeting of HOA members on the issue of amending the HOA Charter are documented in minutes, it is necessary to fill out the appropriate application for amendments to the HOA Charter for its subsequent registration.

To make a decision on an issue of interest to you in accordance with Part 4 of Art. 146 of the RF Housing Code, a simple majority of votes from the total number of votes of the members of the partnership or their representatives present at the general meeting is sufficient. I draw your attention to the fact that in accordance with Part 1 of Art. 146 of the Housing Code of the Russian Federation, before holding a general meeting of HOA members, you should notify each member of the partnership no later than 10 days before the date of the meeting in writing against a signature or by mail (registered mail) or in any other way provided for by the decision of the general meeting of members of the partnership or the charter of the partnership about the upcoming meeting.

What to do if not all residents agree with the points of the document?

Advice! Since the charter is adopted by a majority of votes, calculated from the total number of residents in the house, and not just from those present at the meeting, try to motivate yourself to collect as many votes as possible from among the passive potential representatives of the HOA.

It is completely normal for some citizens to have their own opinions and disagree with the majority's idea of ​​what the charter should look like.

If you plan to head an HOA or are interested in a certain, constructive development of events during voting, listen to the opinions of your opponents and try to understand the reasons for their disagreement. If those who disagree with you voice sound and useful thoughts, you can always propose changes to the preliminary text of the charter .

Once the charter is adopted, changes are made organically. If a majority of votes support the idea expressed, the changes must be recorded in the minutes and indicate that they were adopted by a majority vote.

Decisions such as introducing additional elements or changes to the bylaw, which is at the adoption stage, do not require the opinion of all residents of the building. They are adopted by vote of those present at the meeting.

If the destructive position of your opponents is obvious to you, act this way:

1. Point out the weak points of the proposal.
2. Highlight its unattractiveness to occupants, especially where it may incur additional costs.
3. Under no circumstances expose the opponent’s true motives, which lie in the desire to set residents up against the adoption of the charter and the establishment of the HOA.

The most important thing is that those who disagree with the current state of affairs do not disrupt the decision-making process . Try to ensure that the majority of those present follow your decisions.

Attention! Do not ignore any opinions expressed by meeting participants. Each proposal put forward must be put to a vote and recorded in the minutes.

Not all residents are required to become members of the HOA. Some may pursue an independent economic policy in the operation of their housing. At the meeting, be sure to indicate to such residents that they are obliged, together with everyone else, to bear the costs associated with the operation of the building, common areas, adjacent territory, and also bear the costs associated with repairs.

Changes to the HOA Charter 2021

2.

In situations where the Unified State Register of Legal Entities contains an error, and all the data in the constituent documents is correct, form P14001 is filled out in connection with the correction of errors made in a previously submitted application, where the state registration number of the previously submitted application containing errors is indicated and the necessary corrections are made.

Form P13001 is used when making changes to information about a branch or representative office of an LLC, which are indicated on Sheet K of the application. For each branch and/or representative office, a separate Sheet K of the application is filled out. When submitting changes to the tax office for state registration with form P13001 certified by a notary, two copies of the charter with changes in information about the branch or representative office of the LLC, a paid receipt of the state duty on amendments to the constituent documents of the LLC, a decision (minutes) of the LLC on the need to change information about the branch or representative office