- "LawMatic Property Management / Register of HOA Members";
"Homeowners' Association Assistant"
The capabilities of these programs include maintaining a register of members of the partnership, as well as lists of services, tariffs, IPU readings, recording a list of residents, premises areas, recalculation functions, etc.
Below is a sample register of HOA owners:
Submitting a document to the Housing Inspectorate
The register is maintained not only for the convenience of management in notifying owners, but also for generating reports on the lists of HOAs, which it is obliged to submit to the Housing Inspectorate of the Russian Federation. The report is a copy of the register with all changes made to it for the year . The HOA must provide information annually no later than April 1 in accordance with clause 10.Article 138 of the Housing Code of the Russian Federation.
Conclusion
Maintaining the register is an important responsibility for the management of the management organization . It is a form of organizing information about the members of the partnership, which allows you to optimize its activities and simplify the need to notify owners about ongoing changes in the charter, about planned meetings and events.
In addition, the register is a form of reporting that is submitted to the Housing Inspectorate, which makes it possible to organize supervision over the actions of the management organization.
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Why do you need a HOA register and how to maintain it correctly
Today, many residents of apartment buildings create HOAs - homeowners' partnerships. This allows them to independently manage the house and control utility bills. The activities of the organization require the correct maintenance of various documentation, including the register of premises owners.
What it is?
The HOA register is a document that must be prepared by any registered residents' association. The method of conducting it is regulated by Article 143 of the Housing Code of the Russian Federation. The register must contain the following information:
- Full name of all apartment owners (for individuals);
- registration numbers (for legal entities);
- registration addresses of society members;
- telephone numbers or email addresses where you can contact the owners;
- the size of the individual share of each member of the HOA from the common home property.
The management of the partnership is required to maintain a register. Entering information about owners who are members of the community is possible only if they provide valid documents. Instead of originals, copies certified in accordance with current legislation may be used. Due to the fact that information about members of the organization may change, the accuracy of the information entered must be verified annually. If there are changes, the registry should be redone. It is certified by the seal of the community and the signature of the leader.
Reference! Today, there are special programs with which you can maintain a register.
What is it needed for?
The owner's association register is needed both for internal use and for submission to the relevant authorities. Community members may need it to resolve various issues related to property rights and determining the total number of votes of the HOA. In addition, it helps control changes in the equity of each homeowner. At the request of a member of the partnership, he is provided with a copy of the register or an extract from it.
Important! Executive authorities, in turn, through regular inspections can monitor the legality of citizens obtaining property rights. This makes it possible to timely identify violations related to transactions involving a change of ownership and take measures to eliminate them.
HOA register: what kind of list is this, a sample document, what information does it contain?
The State Housing Inspectorate of the Kemerovo Region informs the chairmen of Homeowners' Associations about the obligation to send copies of registers of members of the Associations to the Inspectorate.
According to paragraphs. 9, 10 tbsp. 138 of the Housing Code of the Russian Federation, homeowners' associations are required to submit the necessary documents to the Inspectorate within the following deadlines: 1) before April 1 annually - a copy of the register of HOA members; 2) within three months (from the date of state registration of changes made to the HOA charter): - a copy of the HOA charter certified by the chairman of the partnership and the secretary of the general meeting of members of the partnership; - an extract from the minutes of the general meeting of members of the partnership certified by the chairman of the partnership and the secretary of the general meeting of members of the partnership on the adoption of a decision to amend the charter of the partnership, with copies of the texts of the relevant amendments attached. Failure to submit or untimely submission to a state body (official) of information (information), the submission of which is provided for by law and is necessary for this body (official) to carry out its legal activities, as well as the submission to a state body (official) of such information (information) in incomplete or distorted form entails administrative liability.
We provide the recommended form for the register of HOA members. In accordance with paragraph 4 of Art. 138 of the Housing Code of the Russian Federation: The register of members of a homeowners’ association must contain information allowing the identification of members of the association and communication with them, as well as information on the size of their shares in the right of common ownership of common property in an apartment building.
RECOMMENDED FORM (in accordance with paragraph 4 of Article 143 of the Housing Code of the Russian Federation)
Register of homeowners association members
Homeowners Association “_________________________________” (name of the HOA) as of _________________________ (date) Address of the HOA (legal): ________________________________________________________________________________________________ INN of the HOA: ___________________________ Date of creation of the HOA “_____” _________________ ________ List of apartment buildings included in the HOA: ___________________________________________________________________________________
FULL NAME. Chairman of the HOA, contact phone number:__________________________________________
total area of apartments and non-residential premises, m2: __________ total area of the house, m2: __________
Address of the apartment building
Date of joining the HOA (date of filing an application to become a member of the HOA)
Property area, m2
Share in the right of common ownership of common property in an apartment building
Apartment number or non-residential premises number
Individuals (full name) / Legal entities (name)
What it is?
The new edition of the Housing Code dated June 14, 2011 obliges the maintenance of a special list of the partnership, this is indicated in Part 4 of Article 143 of the Housing Code of the Russian Federation. There are several purposes for maintaining a general register of HOA members . And this:
- obtaining reliable information identifying the owner;
- the ability to communicate within the partnership if necessary;
- data on their shares in the ownership of common property;
- granting the right to familiarize with the lists of the partnership to any owner of premises in a residential building, regardless of whether he is a member of the HOA or not.
Reference! Part 5 of Article 143 also prescribes the obligation to provide comprehensive and reliable information, in addition, he must certainly notify about changes in information.
The requirements for providing contact information are determined primarily by the obligation to promptly notify owners about planned meetings, about decisions of meetings at which one of them was not present, etc. Let's take a closer look at the requirements for the contents of the register.
Information about the members of the partnership
- Individuals (individuals) must provide their passport details.
- Legal entities (LE) provide:
- name of company;
- organizational and legal form;
- OGRN/INN.
- Foreign individuals:
- FULL NAME;
- passport of a citizen of a foreign state;
- resident card.
- Foreign legal entities:
- organizational and legal form;
- Name.
Contact Information
- Registration/residence address.
- Phone number.
- Email.
Share size
Indicating the size of the share in the common property right is necessary for the correct calculation of payment by the owner for the maintenance of the common property.
HOA register: everything is under control
Dear readers! The legislation of the Russian Federation establishes standards, the implementation of which is mandatory for every existing homeowners’ association. The HOA board bears full responsibility for maintaining all documentation; this list also includes the register of HOA members. Let's take a closer look at it.
HOA: board and members
A homeowners' association is created on the basis of a protocol drawn up at a general meeting of residents. In this document, property owners express their desire to organize a HOA. After a positive decision, the Partnership must be registered, and a board must be appointed.
After receiving the status of a legal entity, the HOA assumes certain obligations. The formation of the register and its maintenance are included in this circle. The board is responsible for this. (Part 7, Article 148 of the RF Housing Code).
Each of the owners of real estate located in a certain building can become members of the Partnership. This decision is made personally; admission to HOA membership is carried out on the basis of a written application. Decisions to withdraw from membership are carried out in the same way.
It is the members of the HOA and their possessions in the house that are subject to registration in the register.
What is the document for?
Homeowners' associations have a variety of tasks in managing common property. Members of the Management Board do not have the right to act alone and make any decisions without other members. For a HOA meeting, everyone on the list must be notified. This is one of the reasons why the Board should always have a register. After all, thanks to him, they can easily contact all board members.
In addition, when carrying out activities, there is a need for information about who is assigned the area and in what size. For example, in a situation where you need to recalculate utility bills.
In order for the work of the HOA to be well organized, one should not forget about making changes and additions to the register. Here, only residents who have joined the partnership are taken into account; those who decided to leave the ranks of the HOA are crossed out.
It is also necessary to record other information – about sales, donations of residential property.
HOA members must provide all this data independently to the Board of Directors.
Now let's look at how the register is drawn up and what information it should contain specifically.
So, the register of HOA participants does not have any special requirements for registration. The person in charge can draw up its form “as your heart desires.”
But there is an approximate list of data that should be taken into account.
First, let's create a title page. It reflects:
- Date of preparation of the document;
- Names of the HOA;
- HOA locations;
- Details of the document confirming the registration of the Partnership;
- Name of the body that registered the Partnership;
- Area of the apartment building (including residential and non-residential premises);
- The share of the total area owned by the HOA member.
The following pages are usually designed in the form of a table, which consists of columns containing information about the members of the HOA:
- Full name
- Date of entry into the HOA
- Details of the document of ownership
- Registration address
- Size of owned premises
- How much is the owned area from the total area of the apartment building (in proportional terms)
Contact information
Please note that all this information refers to personal data. For convenience in work and compliance with the law, in the sample application for membership in the HOA, you can include a line in which the homeowner gives his consent to the processing of personal data.
The sheets of the register must be numbered and stitched, signed by the Chairman of the HOA and stamped. They can be requested from any HOA.
Who has access to information
The register of HOA members is necessary not only for convenience in work. When conducting an audit, auditors will definitely request this document. And if the Board did not maintain a register, this will certainly be regarded as a violation of the organization’s activities.
Members of the Partnership also have the right to obtain information from the register. This is enshrined in Art. 143 Housing Code of the Russian Federation. If the Board denies this opportunity, the HOA member may obtain access through legal action.
In Soviet times, the management of common property was carried out by budgetary institutions. All issues were resolved by employees of the housing and communal services sector and were paid by them. Residents did not need to form different partnerships and perform additional functions.
Read topics in the housing and communal services sector on our website - get up-to-date materials!
Registration in the HOA. Responsibilities of the HOA for registration
In addition to managing common property, collecting fees for utilities and contributions for major repairs, the state obliges HOAs to transfer information necessary for registering and deregistering citizens at their place of stay and place of residence.
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In the list of persons responsible for receiving and transferring to the registration authorities documents for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation, approved by Decree of the Government of the Russian Federation of July 17, 1995 No. 713 “On approval of the Rules for registration and deregistration of citizens of the Russian Federation...", among other things, include owners who independently manage their residential premises, or authorized persons of the homeowners' association
or a housing management organization.
Thus, the HOA is responsible for receiving and transmitting to the “passport office” (department for migration and citizenship) at the internal affairs departments (the former Federal Migration Service - FMS) data on citizens (forms created and filled out on the basis of apartment cards and legal documents).
It was noted above that, along with the technical documentation transferred by the previous management organization under the transfer and acceptance certificate, the HOA must receive all available apartment cards.
Registration records in the HOA are maintained on their basis.
After changing the method of managing the MKD, it is necessary to notify the “passport office” of this fact, which will require that the person responsible for registration be officially appointed.
Such a person is appointed by order of the chairman of the HOA. Typically, the responsibility for maintaining registration records is assigned to an employee, called the old-fashioned passport officer.
An important question that the HOA needs to decide is whether the HOA needs a passport officer position on its staff.
Let us emphasize once again: registration records are carried out on the basis of apartment cards and electronic databases, which any neat and organized employee can maintain.
The passport officer in the HOA is not an employee of the Federal Migration Service or the Ministry of Internal Affairs. He does not carry out registration accounting,
but acts as an intermediary, taking a set of documents to the “passport office” and bringing the finished result to the HOA.
It is worth noting that currently it is possible to register at the place of residence or place of stay, completely bypassing the management organization or HOA. For this purpose, the portal of public services of the Russian Federation (“Gosuslugi”, https://gosuslugi.ru ) is used.
where anyone can receive a free service for deregistration or registration. Naturally, in this case, the participation of the HOA is not required.
When registering on the State Services website, a citizen fills out the form required for registration independently, and after a certain time comes to the “passport office” to receive the finished result. For his part, the HOA employee responsible for registration sometimes comes to the Department of the Ministry of Internal Affairs to obtain information about those who have registered in the apartment building or, conversely, have been deregistered, and then enter this information into the HOA electronic database and into the apartment card.
MAJOR RENOVATION
FORMS OF DOCUMENTS FOR Housing and Communal Services
FORMS FOR HOUSING AND UTILITIES REQUESTS WITH COMMENTS
MESSAGES AND NOTICES TO THE HOA
It is also possible for the HOA to give the apartment card directly to the owner of the residential premises.
In the RF PP-1995–713, among the persons responsible for receiving and transmitting documents to the registration authorities for registration and deregistration, there are also owners who independently manage their residential premises. Typically, this option is used when directly controlling the MKD. The allocation of owners into a separate group of responsible persons allows the HOA to legally, upon written request and upon an acceptance certificate, transfer the apartment card to the owner of the premises for him to carry out registration actions.
Registration form on the State Services portal
If the house has not a direct form of management, but an HOA, the owner should not abuse the right to issue an apartment card: if he loses it, the HOA will be responsible for restoring the apartment card.
This procedure is long and painful, with the collection of all certificates and supporting documents (which reflects the general archaic nature of registration with the affixing of the necessary “stamps”).
It is worth especially noting that the apartment card refers to personal data. In accordance with paragraph 1 of Art. 14 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, the subject of personal data has the right to receive information from the apartment card in full. The subject of personal data has the right to demand from the operator clarification of his personal data, blocking or destruction of it if the personal data is incomplete, outdated, inaccurate, illegally obtained or is not necessary for the stated purpose of processing, as well as take measures provided by law to protect his rights .
Thus, there is no reason to refuse a written request for the issuance of data from an apartment card to the owner of the premises, however, in the case of issuing the apartment card itself, it is recommended to make a copy of the document issued (according to the act) for the HOA and notify the “passport office” about it.
In MKD there will always be people who are not registered on the government services portal and do not know how to use it. You can interact with them according to their usual scheme, submitting documents to the authorities of the Ministry of Internal Affairs through the person responsible for maintaining registration records. If the position of a passport officer is not provided for in the HOA, owners can fill out the forms required for submission to the registration authorities for a fee at the form centers. Copies of these registration forms can also be made and provided to residents as needed.
Experience shows that an HOA can easily exist without a passport officer
(especially if there are a lot of young people living in the house who know what a computer is), and
his functions can be replaced by an accountant
if he is stimulated a little. It is also important that modern accounting policy systems (for example, “1C: Enterprise 10. Accounting in housing and communal services management companies, HOAs”) allow you to digitize all apartment cards and keep registration records in electronic form, while most passport officers work the old fashioned way with paper catalogues.
It is worth considering having an accountant (initially working in 1C) perform the functions of a passport officer. At the same time, it is necessary to accustom the residents of the house to solve registration issues independently, without the involvement of the HOA. The possibility of registration provided by the state at the place of residence and at the place of stay through the State Services portal is a move in the right direction.
TSN-TSZH-ZhSK
All useful information for the successful and economically profitable activities of TSN, HOA and housing cooperatives. We analyze the features of management in this way, identify and solve problems and issues. We analyze legal relations with the owners of apartment premises in the building, study the legal and economic aspects of the economic activities of TSN, HOA and housing cooperatives. We provide and study current information on changes in legislation.
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Register of owners of premises in an apartment building - document overview
→ Register of owners in MKD - from 17 rubles for 1 premises. Ready in 1-3 working days. The register fully complies with the requirements of Order of the Ministry of Construction of Russia dated January 28, 2020 N 44/pr (on approval of the form of the Minutes of the General Meeting) domscanner.ru/reestr_mkd
Hello. The register of owners of apartment buildings was approved by Federal Law dated December 31, 2017 No. 485-FZ, which amended Art. 45 Housing Code of the Russian Federation. Property management companies must have this register for every home they service. First things first.
What's happened
The register of owners of apartment buildings is information from the Unified State Register of Real Estate (USRN) about the owners of premises in the house. Each house must have its own register. The list can be on paper or electronically; there are no clear requirements in the law in this regard.
Sample register of owners
The law does not have strict requirements for the format of the registry. The main thing is that the necessary information is entered.
Sample register of owners of apartment buildings
(click on the picture to enlarge it)
What should it contain?
The list of information is specified in Order No. 44/pr of the Ministry of Construction of the Russian Federation (on approval of the form of the Minutes of the General Meeting).
- Exact room numbers;
- Full name of the owner of the premises or name of the organization;
- The size of the share of each owner in square meters and its percentage in relation to the total property of the apartment building;
- Additional information that is needed only when holding a general meeting of owners: number and date of registration of property rights, number of votes for each owner, cadastral number of the premises;
What is it needed for
From January 2021, all management companies (housing societies, homeowners' associations, etc.) are required to have a register of owners of each apartment building that they service - clause 3.1 of Art. 45 LCD. Otherwise, you face a fine of 250 to 300 thousand rubles - clause 2 of Art. 14.1.3 Code of Administrative Offences. The register must always be up to date.
The register is also needed when holding a general meeting of owners. It must be in the possession of the initiator of the meeting and attached to the minutes of the environmental assessment - paragraphs. and clause 19 of Order of the Ministry of Construction No. 937.
