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The council of an apartment building, according to the amendments to the Housing Code of 2012, can be created by homeowners in order to control the activities of the management company and defend their interests. Unlike a homeowners association, a home council is not a legal entity and does not raise money. Portal "In the suburbs" learned in the regional State Housing Inspectorate how to create a council of an apartment building.
1. Hold a meeting of the initiative group
2. Organize a general meeting of homeowners
For the first time, the general meeting must be held in person, that is, in the presence of the owners of the premises of the apartment building. Members of the initiative group have the right to apply to the management company and receive a register of owners of an apartment building, indicating the area of the premises. The meeting should be organized in stages.
Step 1: Prepare the meeting notice
First, it is necessary to prepare notifications on the number of owners of premises. They indicate information about the persons on whose initiative the meeting is convened, the form of holding (in-person meeting or absentee voting), date, time, place, in case the meeting is held in the form absentee voting- the date of the end of acceptance of decisions of the owners on the issues put to the vote, the place or address where such decisions should be transferred. It is also necessary to indicate in the notification the agenda, as well as the place where the materials can be viewed.
Step 2: Send a meeting notification
Homeowners must notify the meeting at least 10 days before the date of the meeting. You can report by registered mail, give a notice against signature to each owner or place it in a place determined by the decision of the general meeting of owners and accessible to all residents. It is recommended that along with the notification, an information letter be sent to the owners explaining the forthcoming voting.
Step 3. Conducting a meeting in person
The General Meeting will be considered eligible if the owners of the premises or their representatives (by a notarized power of attorney for voting) with more than 50% of the votes (quorum) take part in it. The percentage of votes for each owner is proportional to his share in the ownership of the common property in this house, the State Housing Inspectorate explained. That is, the owner of a three-room apartment will have more votes than the owner of a one-room apartment.
During the general meeting, a chairman, a secretary for keeping minutes, a counting commission for summing up the voting results are elected, and first the number, then the composition. After that, you can start discussing other items on the agenda. Voting must be carried out on each issue specified in the agenda, with the options “for”, “against”, “abstained”. The decision is considered adopted if the majority of the meeting participants voted for it. All decisions are documented in minutes, which are signed by the chairman and secretary of the meeting.
Tenants at the general meeting can set the terms of office of the house council (by law, unless otherwise decided at the general meeting, the council is re-elected every two years). It is also possible to determine the number of council members, the form of bringing to the attention of the owners of the premises the results of voting and decisions taken by the general meeting. This may be a copy of the minutes of the meeting or a separate document in the form of a notice. The initiators of the meeting must report the results of the vote within 10 days, the notification is placed in the premises of the house, determined by the decision of the general meeting and available to all residents.
Traditionally, the management of the house is carried out by the Housing Office or the Management Company. Recently, however, a more effective organization for the management of public utilities has been the HOA, since it includes directly the residents of the house, whose interest in its normal functioning is justified by personal motives.
Within this article, it will be described how to create an HOA, detailed instructions for going through all the stages will be considered, and attention will be drawn to the possible difficulties in the functioning of such an organization.
So, what is an HOA and how to create it? HOA is an organized group of residents of an apartment building who see more effective method farm management on their own. One of the main differences between the HOA and the housing office is that it provides maximum transparency in spending money on managing a house. As part of the HOA, a chairman is necessarily determined, a commission of a certain audit direction - they are elected in the voting process of the group members.
It is important to understand that the HOA is one of the non-profit organizations that has its own bank accounts, which are necessary for residents to deposit money and pay for utility services. The meeting of tenants allows you to determine the program for the expenditure of common funds, that is, a plan for spending money is clearly signed.
How to create an HOA
Creating an active community of residents is not the easiest task. On average, this takes at least a quarter, although there are no obvious problems for this, except for the difference in the interests of apartment owners. But the decision to create an HOA is only the first stage in the organization of housing. Let's go over all the steps.
Creation of the HOA initiative group
First of all, you should take care to create an initiative group, that is, a community that will make up the HOA and perform all the necessary tasks. It should also be understood that the initiative group will have to carry out all activities to convince the neighbors of the expediency of creating such an organization.
The group should consist of at least five people who will be assigned responsibilities. Fewer team members is simply not enough, as there will be a lot of work, especially at the stage of documenting the new business unit. It is best to include in the group those who are on good terms with all residents, especially if there is a lawyer or manager among them.
The decision to establish an HOA is made by a general meeting of tenants by voting. Voting results are documented in the form of minutes of the meeting indicating the main issues and decisions on them. This document will be necessary for the further procedure for registering an HOA.
HOA strategy development
Once the group is organized and all tenants have approved the new form of building management, it is worth holding the first HOA meetings to develop a management strategy. This strategy should determine how it is planned to see the house in 5-10-20 years. In addition, it is important to determine the list of tasks that the HOA will perform.
Resource estimation
In the process of further meetings, it is necessary to assess the resources that are available to the HOA. To do this, it is important to assess the income side of the organization, to understand the questions of which of the tenants are employed and what level of income they have. You also need to make a list of rooms intended for common use. If any of them are redeemed in private ownership, then they should not be considered an asset.
Assembly of residents
After carrying out all the above activities, it is necessary to organize a collection of residents' opinions. To do this, it is best to gather tenants in order to understand all the nuances of the work of the HOA, to announce future items of expenditure, the purpose and strategy of the organization. It is also necessary to agree on a methodology for notifying residents about future meetings, that is, to determine how everyone will be made aware of the events of the HOA.
Documentation
When all organizational issues are resolved, you can document the HOA. The first document, and the most important one, is the charter. It defines all the obligations of participants and residents. Do not lose sight of such moments as the ability to keep pets, if possible - in what quantity. In other words, the charter defines the positions of the group of initiators, taking into account all the requirements of the residents of the house. In this document, it is also necessary to indicate all members of the initiative group, the chairman and composition of the audit commission.
After signing the statutory document, it is necessary to register an HOA, including registration with the tax authorities. After receiving a certificate of a certain type on the registration of the HOA as a non-profit organization, it can be considered that a new way of housing management began to exist.
Additionally
During the meetings of the group members and other residents of the house, it is necessary to resolve a number of issues:
— the main and alternative ways of collecting information. For example, if all decisions are made by direct voting of the residents of the house at a meeting, then as an alternative approach, a questionnaire or poll by collecting signatures can be developed. This is necessary in case information needs to be collected promptly and it is impractical to organize a meeting of residents;
- the mode of meetings intended for holding meetings of the reporting type. At such meetings, members of the HOA announce the results achieved and offer new programs for the care of common property;
- ways to anonymously collect the opinions of residents about members of the HOA group. This is necessary to avoid resentment on the part of the participant if his work seems ineffective to the residents. It is clear that his replacement will be chosen by voting at an extraordinary meeting of the HOA.
HOA is rightfully considered a more effective form of housing and communal services management than the traditional housing office. There are plenty of reasons: the personal interest of the participants in cleanliness and order, the autonomy of the organization, aimed only at managing a certain housing facility, and others.
Dmitry Siling
The council of an apartment building, according to the amendments to the Housing Code of 2012, can be created by homeowners in order to control the activities of the management company and defend their interests. Unlike a homeowners association, a home council is not a legal entity and does not raise money. Portal "In the suburbs" learned in the regional State Housing Inspectorate how to create a council of an apartment building.
1. Hold a meeting of the initiative group
2. Organize a general meeting of homeowners
For the first time, the general meeting must be held in person, that is, in the presence of the owners of the premises of the apartment building. Members of the initiative group have the right to apply to the management company and receive a register of owners of an apartment building, indicating the area of the premises. The meeting should be organized in stages.
Step 1: Prepare the meeting notice
First, it is necessary to prepare notifications on the number of owners of premises. They indicate information about the persons on whose initiative the meeting is convened, the form of the meeting (in-person meeting or absentee voting), date, time, place, in the case of holding the meeting in the form of absentee voting - the date of the deadline for accepting decisions of the owners on issues put to vote, the place or address to which such decisions are to be communicated. It is also necessary to indicate in the notification the agenda, as well as the place where the materials can be viewed.
Step 2: Send a meeting notification
Homeowners must notify the meeting at least 10 days before the date of the meeting. You can report by registered mail, give a notice against signature to each owner or place it in a place determined by the decision of the general meeting of owners and accessible to all residents. It is recommended that along with the notification, an information letter be sent to the owners explaining the forthcoming voting.
Step 3. Conducting a meeting in person
The General Meeting will be considered eligible if the owners of the premises or their representatives (by a notarized power of attorney for voting) with more than 50% of the votes (quorum) take part in it. The percentage of votes for each owner is proportional to his share in the ownership of the common property in this house, the State Housing Inspectorate explained. That is, the owner of a three-room apartment will have more votes than the owner of a one-room apartment.
During the general meeting, a chairman, a secretary for keeping minutes, a counting commission for summing up the voting results are elected, and first the number, then the composition. After that, you can start discussing other items on the agenda. Voting must be carried out on each issue specified in the agenda, with the options “for”, “against”, “abstained”. The decision is considered adopted if the majority of the meeting participants voted for it. All decisions are documented in minutes, which are signed by the chairman and secretary of the meeting.
Tenants at the general meeting can set the terms of office of the house council (by law, unless otherwise decided at the general meeting, the council is re-elected every two years). It is also possible to determine the number of council members, the form of bringing to the attention of the owners of the premises the results of voting and decisions taken by the general meeting. This may be a copy of the minutes of the meeting or a separate document in the form of a notice. The initiators of the meeting must report the results of the vote within 10 days, the notification is placed in the premises of the house, determined by the decision of the general meeting and available to all residents.
Created to protect the rights and interests of residents, control over the activities of the managing organization, resolve issues related to management apartment building. The council is formed at the general meeting of owners. The meeting also determines the number of council members and the responsible chairman, whom the residents have authorized to resolve current issues related to the management of the house. Registration of the Council with local governments or other bodies is not required.
House advice:
- considers the draft management agreement, agrees on the work plan for the coming year and their cost
- agrees on a fee for living quarters commensurate with the work required
- supervises the performance of house management services, maintenance and repair of common property
- submits for approval by the general meeting of owners of premises proposals on the procedure for using common house property and much more
Chairman of the House Council:
- on the basis of a power of attorney issued by the owners of the premises, can conclude a house management agreement
- monitors the quality of work and services for the current maintenance of the house
- on the basis of a power of attorney, can defend the rights of owners in court in cases related to the management of MKD
How to create a House Council. instructions for homeowners
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