In 2006, a new Civil Code was adopted, thanks to which the system of government for residential buildings changed dramatically. Previously, municipal structures were involved in management; from that moment, homeowners had the opportunity to manage their own property on their own.
Differences between HOA and UK
Management companies are commercial organizations that work for a profit. A written agreement is concluded between the Criminal Code and the owners of residential premises with a list of works and services prescribed in it, which the Management Company is obliged to perform throughout the entire duration of the agreement, and the prices for these services. After the conclusion of the contract, homeowners pay for the services, and the management company performs them, but not always in good faith and with high quality. It is often very difficult to track the quality and volume of work for which money was paid.
Homeowners' associations are non-profit organizations and are created by uniting apartment owners in a building for the sake of independent management of their own and common property. The members of the partnership independently decide how and where to spend the money, which contractors to hire for cleaning the entrances and adjoining territories, and how often to do it. If, for example, the basement is in good condition, the general meeting decides on the use of this room. Renting is possible, in this case, with the money raised, you can make repairs or reduce the amount of payment for utilities. And this is only a small part of the possibilities.
How to create an HOA
At the very beginning, you will need information about all the owners of your house, it will be provided to you at the BTI. Create an initiative group of tenants who will take on all the main work to convince the owners of the premises in the house, to create and register a partnership. Then, a long-term home management plan needs to be well thought out. Before holding a meeting of the owners of all premises of the house, it is necessary to notify in writing or in person against receipt, of the upcoming meeting, no later than 10 days before the appointed date.
The decision to establish is made by a majority vote. At the first general meeting, a vote is taken to establish a HOA, approve the charter and appoint members of the partnership's management. Further, an assessment of resources is carried out, that is, it is necessary to understand what assets are at the disposal of the partnership, and on which in the future the partnership will be able to conduct an independent economy. All general accounting systems that will help to save money in the future also fall under the assessment. You also need to find out how much has accumulated for the overhaul of your house, which consists of the monthly contributions of tenants and lies in the account with the management company.
After the registration of the partnership, the management company is obliged to transfer all these funds to the balance of the organization. Further, work is carried out to identify the income and opportunities of the owners of premises in the house, how much money and what they are willing to spend. You should also identify defaulters and discuss in advance with them ways out of the situation, since now it will fall on the shoulders of the partnership, and all other members of the community will pay for the debts of some tenants.
After holding the meeting and summing up the voting results, the minutes of the general meeting are drawn up. According to the law, all participants must be notified of the voting results no later than 10 days after the voting. In this case, the results are posted on information boards and distributed to apartments.
Further, the HOA is registered with the tax authority, while paying the state duty. After completing all the documents, you need to open a bank account and start managing residential property. It should be noted that when creating a partnership, it is necessary to be guided by the procedure for the formation of a homeowners association established by the law of the Russian Federation.
