Register of HOA members: why is it needed in a homeowners’ association, who compiles it and how to do it, when and where to submit it? Justice

What is the register of HOA members?

The HOA register is a mandatory document, drawn up in the form of a list or list of HOA members and containing all the necessary information about them. It must contain the full name of the owner, the full name and OGRN of the legal entity, the number of the premises, data on the size of shares in the right of common ownership of the MKD property. The procedure for maintaining the register is established by Art. 143 Housing Code of the Russian Federation.

Such a document is necessary both for internal use and for presentation to the relevant organizations or institutions for the following purposes:

obtaining reliable information that allows you to currently identify a member of the HOA;
communication with a participant of the partnership using the data specified by him;
obtaining information on the size of the owner’s shares in the common property of an apartment building;
the opportunity for the owner of the premises to familiarize himself with the list of HOAs, regardless of whether he is a member of the partnership or not;
provision, upon request, of an extract from the register or a copy thereof to the HOA participant;
control of changes in the size of shares of property owners;
the register is needed in order to know about the presence of a quorum and the number of votes cast for or against the issue that was submitted to the general meeting.

You can learn about membership in the HOA from this material.

Contents of the register of owners and why it is needed

When holding a general meeting of owners in an apartment building, its initiator must attach to the minutes the register of owners of premises in the house (Appendix 1 of the order of the Ministry of Construction of the Russian Federation dated January 28, 2019 No. 44/pr). Without information about the number of votes and title documents, it is impossible to know who has the right to vote and how many votes each person has.

Application for holding general meetings is not the only function of the register. Such a document will be very useful to the House Council. Any issues that arise in the MKD community are easier and faster to resolve if it is reliably known who is the owner of a particular premises.

Note that according to paragraphs. “b” clause 4 of RF PP No. 416 management of an apartment building is ensured by compliance with the following standards:

maintaining a register of premises owners in accordance with Part 3.1 of Art. 45 Housing Code of the Russian Federation;
collection, updating and storage of data about tenants of premises in the house, about persons using common property under contracts;
maintaining current lists in electronic form, taking into account the requirements of the legislation on the protection of personal data.

According to Part 3.1 of Art. 45 of the Housing Code of the Russian Federation, the register must be maintained by management organizations, homeowners' associations, and cooperatives. Typically, such a document looks like an editable table; it is based on data from extracts from the Unified State Register of Real Estate and contains:

purpose of each room,
its number and area,
Full name of the owners,
share of ownership of each of them,
ownership document number,
number of votes of premises owners.

The register of owners will help resolve the following issues:

Election of the House Council and its chairman, approval of their monetary remuneration.
Changing the amount of monthly payments for maintenance and repairs.
Carrying out major and current repairs.
Participation of an apartment building in municipal and state programs.
Change of management organization.
Creation of a homeowners association (TSN).

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What data is entered?

A member of an HOA is the owner of real estate in an apartment building. He joins this organization voluntarily. Submits an application to the board, on the basis of which all information about him as the owner of the premises is entered into a special list - the register. In this regard, a participant in the partnership acquires the appropriate legal status.

According to Russian legislation, membership in an HOA is terminated from the moment of leaving it or losing the right of ownership to premises in an apartment building (Article 143 of the Housing Code of the Russian Federation).

The data of residents who do not own premises in an apartment building are not entered into the register! Information about all citizens registered in this housing or people simply living in it is not entered into this document.

At what stages of OSS will a register of owners be needed?

The register of owners of premises in an apartment building is needed not only at the first stage of the meeting, when the initiator prepares a notice of the general meeting and ballots. When the initiator prepares ballots, he must pay attention to the fact that the decision of the owner of the premises in the apartment building during the general meeting must indicate (Part 5.1 of Article 48 of the Housing Code of the Russian Federation):

information about the person participating in the vote;
details of the document confirming the ownership of premises in an apartment building of the voting participant;
decisions “for”, “against” or “abstain” on each item on the agenda.

There are also legislative requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings, the procedure for transferring decisions of owners and minutes of the general public association to the bodies of the Civil Housing Authority. They were approved by order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 937.

In accordance with paragraph 19 of the document, the register of owners of premises in an apartment building is a mandatory appendix to the OSS protocol. It should contain not only the information we have already listed, specified in Part 3.1 of Art. 45 of the Housing Code of the Russian Federation, but also details of documents confirming ownership of the premises and the number of votes held by each owner of the premises in the apartment building.

Management organizations do not always want to provide the owners of premises with a register of owners for organizing and holding a general meeting, because at such a meeting the owners may decide to change the way the house is managed.

Part 3.1 art. 45 of the RF Housing Code does not oblige management organizations to indicate the details of title documents in the register of owners. This means that the initiator of the general meeting of premises owners will have to independently find out the details of documents confirming the ownership rights of residents to premises in the apartment building.

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How to compose?

The current list of owners is downloaded directly from Rosreestr. Information is entered into the register on the basis of the following documents:

USRN extracts or certificate of ownership;
title documentation (deed of gift, inheritance, purchase and sale agreement, etc.).

Entries to the register are made only upon presentation of the originals of the above documents or their notarized copies.

The register can be stored in both paper and electronic form.

The document consists of 3 parts:

Header. It contains all the necessary information from the HOA:
legal address or home address;
TIN and OGRN;
the date on which the partnership was created;
a list of apartment buildings included in the organization;
total area of apartments in sq.m and all available non-residential premises;
contact details and full name of the manager (chairman).
Main (filled out in table form). It contains information that allows you to identify the participant, find out his contacts and share of property. Consists of the following data:
in the 2nd and 3rd columns “address of an apartment building”, enter the street and number of the house and apartment or non-residential premises;
in the 4th and 5th, containing mandatory information about the members of the HOA, information about all individuals or legal entities, as well as their telephone numbers, is filled out;
in the latter, the share of each participant is written down.
Final . It contains the signature and transcript of the signature of the head of the HOA, as well as a seal.

The document must be bound, numbered and sealed.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

An HOA is created for the purpose of managing common property. Read our materials about the agreement with homeowners, about leaving the association, about holding a general meeting.

How to use the functions of “Electronic Home”

To access the pilot project, the user must confirm that it is related to a particular apartment building. He may live there, be registered or be the owner. This data should be specified in your personal account on mos.ru in the “Profile” section in the “Real Estate” tab. To enter a new address, you must click on the “Add apartment” button. Next you need to add the street name, house and apartment number.

You can confirm your address in three ways:

— enter the payer code of your EPD (10-digit number);

— select the type of address (“registration address”) and wait for confirmation by the system;

- confirm ownership at the specified address, o. In some cases, you will need to upload the required documents and wait for your eligibility to be confirmed.

The profile with personal data on the mos.ru portal is automatically synchronized with the profile on the Electronic Home website.

If the user enters the payer code (10-digit EPD code), then in the “Electronic House” he can:

— receive news about events taking place in his area and home, work in the house, or the emergence of a new survey among residents;

— send requests for problems in the house or local area and contact the management organization;

— take part in surveys published by other residents or the management company;

— view the list of neighbors and chat with them;

— gain access to a constantly updated database of training materials and the legislative framework of the housing and communal services sector;

— transmit water and electricity meter readings and pay receipts for housing and communal services;

- use the electronic community bulletin board.

If the user confirms registration at the address, then in addition to the functions described above, he gets the opportunity to independently create polls among his neighbors. And confirmation of ownership makes it possible to participate in legally significant surveys regarding the installation of barriers, in general meetings of owners, as well as independently initiate them.

To access all the features of the Electronic Home, you need to add the following data to your mos.ru profile:

- last name, first name and patronymic;

— date of birth;

— SNILS;

- passport details.

It is important to know that the functionality of the Electronic House project is available to residents of all multi-apartment residential buildings. This does not depend on who maintains these houses - a commercial management organization or the State Budgetary Institution "Zhilishchnik". The only exceptions are the functions of the site relating to the transmission of meter readings and payment for housing and communal services. To do this, you need an EPD payer code.

If a house is connected to the Unified Information and Settlement Center (UIRC), then the payer code of its residents is standard and contains 10 digits. This code will be accepted by the system as correct, and residents will be able to pay utility bills and submit meter readings. If the house is not connected to the EIRC, then these functions will not be available to its residents.

In addition, you can submit applications for troubleshooting in a house or apartment only if the management organization has an agreement with a unified dispatch center (UDC).

It is worth noting that home owners have the right to resolve the issue of connecting to the EIRC at a general meeting of owners. If the decision turns out to be positive, then the management organization will be obliged to implement it.

List maintenance options

At the moment, there are several options for maintaining the list, since there is no officially established form or established form for maintaining it. When compiling the register, you must be guided by Part 4.Article 143 of the Housing Code of the Russian Federation.

Required items

The header of the document indicates:
date of formation of the list;
legal address of the partnership;
TIN;
date of creation of the HOA;
a list of apartment buildings as part of the partnership (you can find out whether there can be only one apartment building as part of an HOA);
total area of residential and non-residential premises;
Full name of the chairman;
contact number.
The table shows the following data:
apartment/non-residential premises number;
surname, name, patronymic of the individual/name of the legal entity;
address of the location of the participants;
Contact details;
date of entry into the partnership;
the area of the premises owned by the HOA member;
share in the right of common ownership of common property.

Instructions for filling

Entering general information (filling out lines):
the reporting period of formation is indicated;
organizational information, incl. address, INN/OGRN, date of creation;
addresses of houses included in the partnership;
total area of residential premises;
total area of houses.
Filling out the table:
in the column “Members of the Homeowners Association”, enter your full name. for individuals and the name of the organization for legal entities, as well as contact details;
in the column “Share in the right of common ownership of common property” the ratio of the total area of the premises owned by the member and the total area of the entire house is entered.
The signature of the chairman of the partnership with a transcript is placed under the table, as well as the date of compilation of the register. In addition, software has been created that makes it easier to maintain a register and fill out fields, for example:
- "LawMatic Property Management / Register of HOA Members";

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:

If you still doubt whether you should entrust your house to the management of an HOA, we recommend that you read other publications on our website that tell you how to pay for housing and communal services and carry out major repairs in an HOA, what the essence of the partnership’s activities is and what mandatory expenses you will need to pay the HOA.

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.

Attention! If you do not submit the register to the Housing Inspectorate on time, then according to Article 19.7 of the Code of Administrative Offenses of the Russian Federation, administrative penalties will follow for failure to submit information to a state body, if the obligation to submit it is legally established.