215 federal law summary. Federal Law "On Housing Savings Cooperatives"
In addition to the fact that the deadlines were delayed for a year, even now the house has not yet been connected to communications and has not been handed over management company. And the most difficult thing in this is to turn the situation in your direction. It's almost impossible to get your money back. How to find a buyer for such an apartment.
Blame it all construction of a housing cooperative under 215 FZ. It is for him that housing cooperatives usually conduct construction. And this is initially - the absence of any guarantees.
The main points that are fundamentally different from those on which developers act in shared construction. Initially, the housing cooperative has a specific judicial practice to resolve disputes between members of the housing cooperative. Initially, housing cooperatives have the right to operate outside the framework of 214 FZ. What does this mean?
In addition to the cost of square meters, you will have to pay entrance fees, which can grow up to 5 percent of the cost of the apartment. At the same time, the housing cooperative has the right to collect membership fees not only for the maintenance of the object, but also for its completion, if the money suddenly runs out.
Separate conversation about the contract. According to Federal Law 214, the developer draws up only one contract, to which there may be annexes and additional agreements. In which the terms of construction, the cost of the object, and penalties are prescribed. The shareholder of the housing cooperative, in addition to the contract, is obliged to sign the charter. The normative provisions of which have nothing in common with the norms of civil obligations
And most importantly - when purchasing an apartment through a housing cooperative, you should not count on the law "On Protection of Consumer Rights". It just doesn't apply. Therefore, a buyer of real estate through a housing cooperative is legally much less protected than a shareholder who purchases an apartment from a developer.
Therefore, when buying real estate, first of all, you need to pay attention to the law under which the construction is being carried out. Previously, you can find out about the legality of the object on the website of the administration of Krasnodar. Objects being built with violations can be seen on the interactive map by clicking on the link Samostroi Krasnodar. But, even without finding an object there, it is worth clarifying information about the legality of the construction by calling 218-91-32 and 218-91-05.
FZ-215 regulates relations that arise as a result of activities in housing construction memberships. A member of the housing cooperative has the right to transfer his share to a third party or bequeath it to a close relative. Main duty participants of the housing cooperative is to comply with the established rules.
the federal law No. 215 was adopted on December 22, 2004 by the State Duma of the Russian Federation. The legislative act was approved on December 24 of the same year. The Federal Law “On Housing Savings Cooperatives” came into force on December 30, 2004.
FZ-215 defines the legal, economic and organizational bases activities of housing savings cooperatives.
The law states:
- rights and obligations of members of accumulative housing cooperatives;
- the order of their creation;
- reorganization and liquidation of housing cooperatives;
- the procedure for carrying out activities to attract and use Money in housing savings cooperatives.
Accumulative housing cooperative has the right to carry out only the activities prescribed in this law. According to FZ-215 housing cooperative created without limitation of the period of activity. It must be liable for all its obligations and property belonging to it, but it is not liable for the obligations of its members.
Requirements for relations between a housing cooperative and its members are spelled out in Civil Code RF, this Federal Law, regulations of the Central Bank and other legal documents. According to the provisions of FZ-215 housing cooperative has the right to open Russian bank accounts.
A housing cooperative must maintain a register of each of its members.
The register must contain:
- Full name of the member of the housing cooperative;
- an identity card or other document confirming the identity of a member of the community;
- phone number, postal address, e-mail, entering the community;
- form of participation;
- other information provided for by the charter of the housing cooperative.
Number members of a housing cooperative should be exactly 50 , no more and no less than this figure.
Download Federal Law 215 on housing savings cooperatives in a new edition
The federal law "On housing savings cooperatives" includes 6 chapters and 58 articles. According to the articles of the law, any citizen who has reached the age of 16 can become a member of the cooperative. To become its full member, a citizen must write an application and on its basis he will be accepted into the community.
To familiarize yourself with the Federal Law-215 with changes for 2017, download it from.
Changes in the law on housing cooperatives
The last changes to FZ-214 were made on July 3, 2016. The amendments concerned : h 3 st 14, p 1 h 1 st 17, p 2 h 1 st 20, h 3 st 20, h 6 st 27, n 5 h 2 st 48, n 4 h 1 st 51, n 8 h 1 st 51 .
With the last change in FZ-214, the law was excluded: n 2 and n 3 h 4 st 56, ch 2 st 58, n 1 h 5 st 56 and ch 2 st 56.
Part 3 Article 14 was supplemented by the proposal “established by the Federal Law of July 13, 2015 N 223-FZ “On self-regulatory organizations in the field of financial market» requirements for mandatory membership in a self-regulatory organization in the financial market that unites housing savings cooperatives.
Clause 1 of part 1 of article 17 was supplemented with information on a self-regulatory organization in the field of the financial market, which unites housing savings cooperatives.
AT Clause 2 of part 1 of article 20
Part 3 Article 20 was set out in new edition. After latest amendments it sounds like this: the annual reporting of the cooperative's activities must be submitted to the bank.
AT Part 6 Article 27 the same information was added as in clause 1 of part 1 of article 17.
AT Point 5 of part 2 of article 48 a restriction related to the activities of cooperatives was added.
From paragraph 4 of part 1 of article 51 the words: “and about self-regulatory organizations of housing savings cooperatives” were excluded.
AT Clause 8 of part 1 of article 51 the rights of banks were added to control the activities of housing associations.
Below are articles that have not been changed in the last edition, but they are important.
Article 6
Article 6 spells out the responsibility of the members of the housing cooperative. It includes:
- a member of a cooperative shall be liable to him in accordance with the provisions of this law;
- members of the housing cooperative bear losses and risks associated with the activities of the community;
- community members are responsible in case of non-compliance with the rules and regulations prescribed in the regulations.
Article 7
Article 7 indicates rights members of the housing cooperative:
- participate in management and be elected to its bodies;
- use all the services provided;
- choose the form of participation in its activities;
- receive housing from the cooperative for use in the manner prescribed by Federal Law-215;
- enjoy the provided benefits;
- participate in the distribution of income;
- bequeath a share;
- transfer shares to a third party and others.
Article 8
Article 8 regulates responsibilities members of the housing cooperative:
- observance of the charter;
- timely payment of contributions and share payments;
- not interfere with the activities of other participants;
- perform other duties provided for by this law.
Article 9
Article 9 describes the moments at which it is possible membership termination in ZhSK:
- voluntary care;
- exclusion without the will of the participant;
- transfer of shares to a third party;
- foreclosure for a share and others.
Article 10
A member of the housing cooperative may be excluded from the partnership by force, if:
- he repeatedly failed to fulfill his duties;
- violated discipline;
- did not pay contributions and payments for his share on time.
An exception can also be made through the court.
Article 11
Article 11 describes charter of housing cooperative and its components:
- name and location;
- the subject and goals of the activity;
- the procedure for admission to the membership of the cooperative;
- the procedure for determining the amount, composition and procedure for making share and other contributions;
- responsibility for violation of the order;
- rights and obligations of members of the membership;
- funds created by the cooperative and others.
Article 16
Article 16 describes housing cooperative rights:
- use the attracted funds of people to purchase housing;
- invest money in the construction of residential premises, as well as participate in the construction of residential premises as a developer or participant in shared construction;
- purchase residential buildings;
- attract borrowed money in the case provided for by part 3 of article 47 of this Federal Law.
Article 33
Bodies of the housing cooperative:
- general meeting all its members;
- governing body;
- auditor;
- executive bodies.
Their activities are regulated by the charter of the housing cooperative. The board's term of office expires on election day.
AT article 34 marked general provisions meetings of members of the cooperative. Each participant has only 1 vote. The board of the cooperative convenes a meeting and convenes an extraordinary meeting.
To learn more about all the chapters of FZ-215, download it.
Housing savings cooperative created by citizens Russian Federation on a voluntary basis. Purpose of association— meeting the needs of cooperative members in housing.
To settle legal relations, Federal Law No. 215 “On Housing Savings Cooperatives” was created.
The essence of 215 FZ
Federal Law No. 215 “On Housing Savings Cooperatives” was adopted by the State Duma on December 22, 2004, and approved by the Federation Council two days later of the same year.
The law defines the economic, legal and organizational principles of the activities of cooperatives in order to use the funds of citizens for the construction or purchase of new housing.
Read about the latest changes in Federal Law 89
Summary of Federal Law No. 215:
- Chapter 1 - lists the general provisions of this Federal Law;
- Chapter 2 - discloses the liquidation, creation or reorganization of a cooperative;
- Chapter 3 - lists the main provisions on the work of the cooperative, including the use or attraction of funds for the acquisition of new residential premises;
- Chapter 4 - describes the methods of managing a housing cooperative;
- Chapter 5 - controls the activities of the association and ensures the financial stability of the activities;
- Chapter 6 - lists the transitional provisions and entry into force of the bill.
The last amendments to the law "On housing savings cooperatives" were made on July 3, 2016.
Last changes
As mentioned above, the last changes to Federal Law 215 “On Housing Savings Cooperatives” were made on July 3, 2016. In particular, the following articles have been amended:
Part 3 has been changed in Article 14. The Bank of Russia may require the court to liquidate the cooperative if the repeated requirements listed in this Federal Law have been violated.
Paragraph 1 of part 1 has been changed in Article 17. It says that if a cooperative has created its own personalized charter, it must notify the self-regulatory organization about this. In particular, forms of participation in cooperatives should be adopted if such documents are available.
Paragraph 2 was changed. It states that information must be provided on the persons who are part of the housing cooperative. If a separate organization has been created that unites housing accumulation associations, then information about such an organization must be transferred.
Article 20 reworded part 3. It says that the annual report, previously created by the cooperative, must be submitted to the Bank of Russia or a self-regulatory organization (if the Bank of Russia has delegated to it the authority to audit financial statements).
Article 27
Paragraph 6 of Article 27 has been amended. The forms of participation that were established by this Federal Law may be sent by the housing cooperative to a self-regulatory organization in order to obtain an opinion in the form of an official document.
P 5 article 48 was changed. It states that a member of the association has the right to contribute his housing in the form of a contribution to the share capital or otherwise participate in the creation of property legal entities. An exception is the creation of property for a self-regulatory organization in the field of the financial market, which has united several housing accumulation associations.
Paragraph 8 of Part 1 of Article 51 was amended. It states that the Bank of Russia can receive from the self-regulatory organization and housing cooperatives copies of documents that are necessary for a preliminary assessment established requirements on financial reporting.
Part 1 of Article 56 was reworded. It says that housing savings cooperatives can join a self-regulatory organization that unites such organizations. For this, the procedure of the Federal Law “On Self-Regulatory Organizations in the Financial Market” is applied. Additionally, legislative acts adopted by the Bank of Russia are taken into account. Documents must be accepted within 90 days after the occurrence of one of the following cases:
- The non-profit organization received the status of a self-regulatory organization in the field of the financial market;
- Participation in the self-regulatory organization is completed;
- A housing savings cooperative was created.
Below are the main articles of the Federal Law "On Housing Savings Cooperatives":
Provides for the responsibility of the association. The cooperative is liable for its own obligations and property belonging to it. However, it is not liable for the obligations of its members.
Article 7 of Federal Law 215
Article 7 lists the rights of members of cooperatives:
- participate in their activities and put forward their candidacy for managerial positions;
- agree or oppose acquisitions for the association;
- enjoy the benefits;
- ask the manager for the information of interest;
- to bequeath or transfer for gratuitous use your share;
- when transferring your share, receive cash;
- apply for legal housing.
Download the law on housing savings cooperatives
The Federal Law “On Housing Savings Cooperatives” regulates relations related to the activities of organizations, the procedure for their creation, and the rights and obligations of participants. To learn more about the latest version of the Federal Law, download it from.
The impossibility of using mortgages to buy their own housing by the general population has led to the legislative development of alternative options that make it possible to attract for these purposes not bank capital, but own funds persons wishing to purchase an apartment.
The financing mechanism was based on international experience, accumulated primarily in Germany, and Soviet experience in the creation of mutual aid funds.
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Structures designed to help citizens buy housing on alternative mortgage terms are called “housing savings cooperatives” (HSC), whose activities are regulated by Federal Law No. 215-FZ of December 30, 2004.
What relationships are regulated by law?
The law outlines the legal, organizational and economic aspects of the activities of legal entities created for the accumulation and use of public funds for the construction or purchase of housing.
By participating in financing, a citizen becomes a member of a cooperative, acquiring, among other things, the rights and obligations to participate in the management of the organization, which, according to the legislator, should become the main insurance instrument for protecting his rights.
Federal Law No. 215 regulates:
- the algorithm for the creation of the ZhNK, its reorganization and liquidation;
- basic principles of work and mechanisms of insurance financial stability;
- rights and obligations of members of the cooperative and management bodies;
- measures of state control and guarantees to protect the interests of citizens.
ZHNK got the following features:
- attract financial resources of citizens who are members of the cooperative;
- purchase housing with the money of shareholders;
- participate in construction as a developer or shareholder;
- attract borrowed funds in the amount of not more than 40% of the value of the property owned by the cooperative.
The main idea embodied in the law is to provide regulatory opportunities for association financial resources citizens for the purpose of acquiring residential premises.
Key points
Structurally, the law consists of six chapters and is structured as follows:
- Chapter 1 contains general provisions. Describes the relations regulated by the normative act, gives a deciphering of the concepts used, and also establishes the main provisions on the ZhNK, its members, founding documents and the procedure for interaction between shareholders and a legal entity.
- Chapter 2 defines the procedures and mechanisms for the creation, reorganization, and liquidation of ZhNK. In particular, it was established that the number of members of the cooperative should be in the range from 50 to 5000 people. The possibility of reorganization is limited to the transformation into LCD, housing cooperative or condominium. It was determined that the supervision of the activities of the organization is entrusted to the Central Bank of the Russian Federation, which maintains a register of such legal entities.
- Chapter 3 is devoted to the main provisions of the work of the cooperative in attracting and using funds for the purchase of residential premises. This is a key section of the law, detailing the procedure for operating and regulating the relationship of the cooperative and its members, the purchase and transfer of housing, eviction mechanisms upon termination of membership, disclosure of information, reporting and other significant issues.
- Chapter 4 describes the management of a cooperative. It determines that the supreme governing body is the general meeting of members, spells out the procedure for its convocation and outlines the range of issues within its competence, sets out the requirements for the work of the board and CEO, as well as the responsibility officials organizations for losses incurred.
- Chapter 5 is devoted to the issues of ensuring the financial stability of the WNC and supervision of its activities. This is the most important section of the law, which introduces restrictions on activities, criteria for financial stability and control mechanisms, as well as establishing liability for failure to fulfill obligations, audit requirements. In addition, it spells out the powers of the Central Bank to exercise supervisory functions.
- Chapter 6 is titled "Transitional Provisions and Entry into Force of this Federal Law". Legal act was released at the end of 2004, therefore, over the past period, the articles contained in the section have lost their relevance and are of no interest to the average user.
The key articles of the Law describing the procedure for joining a cooperative, as well as the rights and obligations arising from this, are given in the table.
| Key points | Articles |
| Joining the ZhNK | Article 5 |
| Rights of a member of a cooperative | Article 7 |
| Responsibilities and duties of a cooperative member? | Articles 6, 8 |
| Termination of membership or expulsion from WNC | Articles 9, 10, 31, 32 |
| Participation in management | Articles 34–41 |
| Access to the information | Articles 18–21 |
| Payment of shares and membership fees | Articles 24, 25, 27, 47 |
| Acquisition (construction) of housing, the right to use and transfer of ownership | Articles 28–30 |
In the law on housing savings cooperatives, the following main points can be distinguished:
- the name of the legal entity must necessarily contain the words "housing savings cooperative";
- the main activity is the purchase of housing for members of the ZhNK;
- obligatory registration of members of the cooperative in the Unified State Register of Legal Entities;
- limiting the number of members of the cooperative (from 50 to 5000 people).
- supervision by the Central Bank;
- separation of bank accounts economic activity and buying a home;
- mandatory annual audit;
- the possibility of withdrawal and return of share contributions.
The law prohibits the ZHC from doing the following:
- issue loans to both individuals and legal entities;
- make a donation;
- be a guarantor for the obligations of shareholders and third parties;
- invest the assets of the cooperative in authorized capitals or property of other legal entities, except self-regulatory organizations, uniting ZhNK.
In accordance with the law, any citizen of Russia who is over 16 years old can become a member of the cooperative.
From the documents you will need only a passport, as well as certificates of TIN and state pension insurance. Other documents required by the bank for issuing a mortgage are not needed in this case.
When joining a cooperative, a member of the cooperative must decide which apartment he wants to buy or build, and indicate this in the application.
As a result, a document will be signed that will determine what the amount of the share contribution is, in what period and in what shares it must be paid.
The most common questions and answers to them after reading the Federal Law on housing savings cooperatives of citizens are given in the table.
| Question | Answer |
| When can I get the right to use housing? | Not earlier than two years after joining the cooperative and subject to payment of at least 30%. |
| When will the ownership of the apartment pass from the ZhNK to the shareholder? | After payment of the share contribution in full. |
| What is the amount of the entrance and periodic membership fees? | It is determined by each ZhNK independently. |
| What installments are required to pay a share contribution? | Depends on the chosen form of participation and is determined upon joining the cooperative. |
| What is the maximum loan repayment period? | One and a half period of primary accumulation. The latter, according to the law, is at least two years, so most often the maximum period is three years. |
Usually a cooperative member becomes eligible for an apartment after two years. If he pays half the installment by that time, then the loan allocated to him should be interest-free.
With a lower figure (from 30 to 50%), a part of the amount (maximum 20%) of the ZhNK will not be entitled to cover from the shareholders' funds. The organization will need to take out a loan for this purpose, the obligation to repay the interest of which will fall on its member.
In practice, most housing savings cooperatives, unwilling to deal with banks or unable to receive money on favorable terms, prefer schemes for providing housing after paying at least half of its cost, which is also allowed by law.
Controversial moments and shortcomings
World practice shows that ZhNK work perfectly in a stable economy. With galloping inflation and unpredictable dynamics of housing prices, such organizations may experience difficulties that will lead to the impossibility of fulfilling their obligations to shareholders.
In order for such an organization to function normally, two conditions must be met:
- regular receipt of contributions for the maintenance of the apparatus and the implementation of regular payments;
- the funds returned by the borrowers should be enough to issue new loans.
If the market is stable, then there are no such problems, and the system functions perfectly.
The crisis may cause an outflow of shareholders, which will lead to the inability to maintain the required management staff. And rising prices will require an increase in share contributions to cover the deficit of the budget intended for issuing loans.
So far, the funded cooperation market is poorly developed. According to the Central Bank, current date only 86 such organizations are registered, and 20 of them are in the process of liquidation.
Disadvantages of the WNC include:
- enough high costs for membership fees lost when leaving the cooperative;
- it is required to wait at least two years from the moment of joining the organization before obtaining a loan and, accordingly, acquiring an apartment;
- the rights to real estate do not belong to the shareholder, but to the ZhNK, until the person fully pays off the loan, which means that there are risks of losing housing due to dishonest actions or errors of the cooperative's management.
The first two points are a peculiar and low fee for the use of alternative sources of financing, if compared with mortgage lending.
The last drawback can be leveled by choosing a reliable ZhNK and active participation in his work.
It should be noted that such financing schemes are intended for people with an active lifestyle - no Central Bank can control the work of the board of the cooperative better than the shareholders themselves.
Information about changes and additions
During the existence of the Federal Law has undergone a small number of changes and additions.
The most important adjustments were made on 07/23/2013. They are connected with the fact that the FFMS of Russia, which was entrusted with control over the activities of the ZhNK, was abolished, and its functions were transferred to the Central Bank of the Russian Federation.
At the same time, the term "control" was replaced by "supervision". This is not just a game of terms, but significant change the relationship between the representative of the state - the Central Bank and the audited organization - a housing savings cooperative.