Article 61 of the Housing Code requires all owners of apartments (residential) to choose a method for managing a residential home - directly to the owners, housing cooperatives (owners associations) or by a management company.The most optimal option is, involving the establishment of the HOA (homeowners).Its advantage is the ability to control the organizations, utility providers and to protect the interests of ordinary owners, minus - the cost of creation and activity.
Before create condominiums, should clarify the legal framework currently the process of creating.LCD in Article 135 under the TSG understands the non-profit association of property owners of apartment buildings with a view to the overall management of the property house and ensure its operation within the limits established by law.HOA can be arranged in any of the apartment buildings, regardless of the number of apartments owned by, or merge several neighboring houses.
Create HOA involves choosing one of the options list of its authority - independent maintenance and repair of the common areas at home or exercise only control functions.The process of its creation can be divided into several stages.
Before organize HOA, you need to have a preliminary meeting.In its preparation, the initiators of the group should be developed for submission to the agenda of the list of major issues and specific framework of the partnership.On agitation step is to clarify the meaning of all tenants and benefits of creating a new structure work around the apartment and given a summons to the date of the meeting (or send by mail).No later than 10 days before the meeting, should hang ads in the location and the date and agenda.
Action Team, moreover, should contact the administration of the settlement with the invitation to the meeting a representative of the administration, who will answer questions residents.Also, the administration can get lists of facilities of an apartment house to determine the proportion of flats in private and municipal property, in the common area of the house.
At the first meeting of homeowners are choosing the form of home control.Create HOA possible only if voted for by at least 50% of the owners.Moreover, the distribution of votes possible (as a general decision) in depending on the square footage occupied housing, and the number of residents or owners of one of the apartments.By law, the founding document of condominiums is its charter.HOA members have the right to be owners of their applications.Thus, the first meeting of the future members of the HOA must, in addition to the above, approve the charter of the partnership, to elect the members of the Board and the Audit Commission.It is necessary to elect a chairman and secretary of the meeting, to ensure a quorum (otherwise the results will be invalid), and to register those present.If unable to mass turnout there is an option of absentee voting on issues.
Create HOA must be registered in the prescribed manner, its details are included in the register of legal entities.It is also necessary to register the newly established partnership with the tax authorities, to open a bank checking account and notify the establishment of the Housing Commission, providing copies of the registration documents.
after the state registration of the stewardship transferred to the HOA.The transfer is carried out by a special commission with the participation of authorities and representatives of the partnership.In this case is the act of giving the house with the application of the necessary documentation.
Now HOA has the right and obligation to enter into contracts with service providers and, consequently, to charge utilities to tenants of apartments any form of ownership of their home.
