How homeowners associations and owners of residential and non-residential premises interact. All about homeowners' associations according to the new Housing Code of the Russian Federation: what it is, its pros and cons, changes in the charter What should a homeowners' association do

The HOA is authorized to carry out house management activities, that is, to carry out what it previously did Management Company represented by a housing department or a commercial organization.

In accordance with Article 137 of the Housing Code, The HOA has the right to take the following actions:

Full the list of powers of the HOA must be listed in the Charter of the organization. For example, the Charter may allow reconstruction and re-equipment of existing premises, transformation of the local area, parking equipment, etc.

Note! The rights of the organization listed in the Charter should not contradict the Housing Code, but can only supplement and expand its provisions as applicable to a specific situation.

Most of your rights HOA board can implement independently, for example, calculate rent and distribute funds across bank accounts - this is the so-called routine work.

The audit commission monitors the legality of all actions of the HOA., consisting of 3-4 people who are not HOA employees and board members.

To carry out major changes, for example, in the structure of the HOA when changing the ratio of funds distributed among various funds, when re-equipping buildings, the board is obliged to convene a general meeting of residents and put the issue to a vote. Only with a majority of votes in favor does the partnership receive the right to carry out the declared activities.

Interaction with owners

Often, when exercising the rights of an HOA, residents and board members have questions regarding the most problematic and controversial topics, including the relationship between the board and other owners.

Issuance of certificates

Sometimes tenants are faced with the fact that the board refuses to issue them certificates (about family composition or an extended extract from the apartment map) on the grounds that the owners owe rent. Does the HOA have the right not to issue certificates if there is a debt?

This is not a legal practice, which is often used by HOAs or management companies so that residents cover at least part of the debt. Issuing certificates is not a right, but an obligation of the HOA to its residents. This means that they are obliged to issue the necessary paperwork, even if the tenant has never paid his utility debt during the entire stay.

Breaking into an apartment

Another problematic question is whether the board or the chairman of the HOA has the right to inspect the apartment? The Constitution of the Russian Federation enshrines the right of citizens to the inviolability of housing.

Reference! Without the permission of the owner of the premises, no one can enter his premises, even if there is an emergency in the apartment.

There is only two cases when HOA employees can enter an apartment without permission:

  1. If there is a warrant.
  2. In the event of a threat of a terrorist attack or the occurrence of a natural or man-made disaster.

Thus, the board’s requirements for inspection of the premises under any pretext are taking meter readings, checking meters, measuring pressure in pipes, checking the temperature of the room, etc. - illegal.

A tenant can voluntarily let members of the board in, but if he is forbidden to enter, then nothing can be done about him.

Accrual of penalties

The HOA has the right to charge penalties for non-payment only if this is stated in the Charter, adopted at general meeting residents. The accrual of penalties is a coercive measure designed to force the debtor to quickly pay the full payment for housing.

The procedure for imposing a fine does not come out of nowhere. It must be spelled out in the Charter. There are also special provisions of the Tax Code of the Russian Federation that determine the upper limits of penalties.

Attention! The amount of the penalty cannot exceed 1/30 of the current refinancing rate for each day of delay.

Signing the contract

Sometimes residents are outraged that the HOA forces them to sign service agreements.

In accordance with Article 137 of the Housing Code of the Russian Federation, HOAs have the right to enter into agreements with owners on utility services and the procedure for calculating payments.

In this case, the board has the opportunity, on behalf of the residents, to enter into various transactions with utility providers and fulfill its responsibility for maintaining the house. But The HOA has no right to force or coerce a tenant to sign an agreement, everything must happen according to the good will of the parties.

If there is no HOA agreement with the owner, then the residents will simply have to go to the representative office of the operating company on their own and conclude the necessary agreements.

Disclosure of information about debtors

Lists of debtors, which homeowners' association boards sometimes post for public viewing in hallways, often become a real stumbling block between the partnership and the residents. The outrages recorded in the “shameful” sheet are quite legitimate.

In accordance with the Personal Data Protection Law, disclosure of such information is expressly prohibited. Without written permission, The HOA board does not have the right to publish any information about debtors, including these:

  • last name, first name and patronymic of the tenant;
  • any passport data;
  • residential address;
  • amount of debt.

The board has the right to compile such lists for itself. Moreover. they are needed to identify debtors and conduct conversations with them, and in case of prolonged delays in payments, to go to court and seek to disconnect the apartment from the system of communal services of the house.

Such lists must be kept in a safe in a closed board room and are not subject to public disclosure. Debtors who see their name have every right to go to court and receive monetary compensation from the board.

The maximum that the HOA can do is publish an announcement with approximately the following content: “There are 5 debtors living in our house. We ask them to pay their utility bills in total amount 10,000 rubles until January 31 of the current year. Otherwise, we will be forced to go to court to forcefully collect the debt.”

Responsibilities

In -149 of the RF Housing Code there is a list of responsibilities of the board and chairman of the HOA. In most cases, to fulfill these duties, the board of the partnership is vested with its own rights.

It is worth highlighting HOA responsibilities to the residents of the house:

  • compliance with the law and requirements of the Charter;
  • monitoring the fulfillment by residents of their duties regarding the maintenance of the facility;
  • direct management of the house or control of the management company;
  • concluding agreements with contractors and subcontractors supplying public utilities;
  • concluding contracts for the maintenance and repair of buildings;
  • maintaining a list of residents - members of the partnership;
  • conducting accounting, drawing up estimates of expenses and income, calculating rent;
  • maintaining records, issuing certificates to HOA members;
  • holding a general meeting of residents;
  • control over the activities of the HOA chairman.

The Chairman has the following obligations:

  • give orders to all officials HOA persons, hire and fire personnel;
  • act on behalf of the partnership within the framework of its powers without prior notification of the general meeting;
  • submit for decision to the general meeting any documents developed by it.

Responsibility

Neither the Housing nor the Civil Code specifies what kind of responsibility the members of the partnership bear for their actions (or inaction), as well as the chairman and members of the board. But this does not mean that the activities of the HOA are not controlled in any way and violators cannot be held accountable.

Note! As a rule, specific punishments for certain offenses are prescribed in the Charter of the partnership, or it contains the note “in accordance with current legislation.”

General civil liability arises for the following offenses:


Reference! All HOA members, including the chairman and representatives of the board, bear financial liability for your actions. The amount of damage is determined using a special act, in the preparation of which, if necessary, a professional appraiser is involved.

Whenever emergency situations in an apartment, as a result of which material damage is caused not only to the owner, but also to neighbors, the responsibility of the residents and the partnership is differentiated, depending on what caused the accident.

For example, if an apartment flooded due to a break in a pipe belonging to common property, the HOA will be responsible for losses, since, according to the Rules for the maintenance of common property, all plumbing belonging to this category must be systematically checked.

If the flood of the apartment and neighbors occurred due to broken pipes that are not related to the common property (for example, a faucet burst in the kitchen), the HOA will not bear any responsibility for the flood.

In addition, liability in specific situations involving wrongdoing may be described in the Articles of Association of the partnership. For example, if fraud is discovered, the chairman will be required to pay a fine to the HOA.

Activities of the board

The HOA board is directly involved in the activities of the partnership and its powers are regulated in Article 147 of the Housing Code. What exactly is within the competence of the general meeting and what is within the competence of the board (that is, what the chairman and his deputies can do without prior notification of residents) must also be clearly stated in the Charter.

Usually, The HOA board has the following powers:


If this is stated in the Charter, The HOA board may be vested with additional powers:

  1. Arrangement of the local area.
  2. Self-service at home
  3. Collection of rent from residential and commercial tenants.
  4. Disposal of common property, for example, an elevator, basement, common meters.

Thus, the rights and obligations of HOAs, according to the Housing Code, are determined by their functions. The main task is to keep the house and its property in perfect order. To carry it out, the partnership can collect funds from residents (rent), enter into agreements with service organizations, hire employees to independently maintain the building, etc.

A complete list of actions within the competence of the HOA must be listed in the organization’s Charter.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Where are they registered? rights and obligations of the HOA, and most importantly: what are they? In 1996, a law was published that regulated the work of HOAs. It discussed many provisions that related to areas of common property management.

It operated for a long time, until 2005. After the Housing Code was created in 2004, this law was repealed.

Attention! The new code became the basis around which the new industry. We are talking about Housing Law.

The LC included almost all the provisions of the old law. But the rules that relate to the activities of the partnership can also be found in other codes.

Here HOA is considered as a legal entity, non-profit organization.

In the Housing Code, Section 6 is devoted to the activities of the partnership. He's the one regulates the process of creating an organization, as well as her work.
It is also said here about legal status participants of the partnership.

In the document contains information about the liquidation procedure, if the need arises.

You can read more about creating a partnership in Chapter 13. The registration procedure is described here; what is listed is What rights do property owners have?.

In addition, the chapter specifies the responsibilities imposed on members of the HOA. The moment of reorganization is described. Listed are the cases in which it may be HOA merger completed.

Personal liability of an official is possible if his work caused losses for the organization.
If he hid information about the activities of the association, resulting in damage was caused.

Defaulters are liable if due to accumulated debt Homeowners association cannot pay for utilities. This moment is regulated by GK.

Conclusion

The activities of the partnership are regulated by law. This is the Housing Code, as well as the Criminal Code, the Administrative Code and the Civil Code. The chairman of the association is responsible and board members.

Residents want to know how their home is managed and contact the HOA with requests to provide documents to familiarize themselves with the information they need. But partnerships do not always agree and do so in vain. Read what information the HOA is required to provide to the owner of the premises in the apartment building upon his request.

Why do owners have the right to get acquainted with HOA documents?

Owners of premises in apartment buildings and members of the partnership contact the HOA with a request to provide information about what work on the house has been carried out and what is planned, and how their funds are spent. HOAs do not always provide the necessary documents in response to written requests from residents.

Sometimes they motivate this by the fact that the partnership should provide information only to its members. This is the wrong position. Both members of the HOA and other owners of premises in the apartment building have the right to get acquainted with documents. The list of such documents is specified in Art. 143.1 Housing Code of the Russian Federation:

  • charter of the partnership;
  • certificate of state registration partnerships;
  • register of partnership members;
  • accounting statements of the partnership: estimates of income and expenses, reports on their execution and audit reports, if any;
  • conclusions of the audit commission of the partnership;
  • documents confirming the partnership’s rights to property reflected on its balance sheet;
  • minutes of general meetings of members of the partnership, meetings of the board and the audit commission;
  • documents confirming the results of the general meeting of members of the partnership: voting ballots, voting proxies or copies thereof;
  • decisions of owners of premises in apartment buildings, confirming the results of general meetings of owners;
  • technical documentation for an apartment building;
  • other documents related to the management of apartment buildings;
  • internal documents provided for by the Housing Code of the Russian Federation, the charter of the partnership and decisions of the general meeting of members of the partnership.

What happens if the HOA does not provide documents upon request

If the partnership refuses to provide documents, the owner of the premises in the apartment building has the right to appeal to the court or the prosecutor's office.

If the prosecutor's office reveals violations, it can initiate criminal proceedings administrative offense according to Art. 5.39 of the Code of Administrative Offenses of the Russian Federation for refusal to provide information. will receive a fine of 5,000 to 10,000 rubles executive, Chairman of the Board of the Homeowners Association.

Residents also have the right to go to court immediately, bypassing the prosecutor's office. Courts make different decisions depending on the case materials. Let's look at a few of these cases.

Negative judicial practice for HOAs

The owner of one of the residential premises contacted the HOA with a written statement, in which he asked for clarification of the reasons for the arrears in payment for utilities and the unsatisfactory provision of housing and communal services. HOA owner didn't answer.

The owner of the premises contacted the prosecutor's office, which opened a case of an administrative offense under Art. 5.39 of the Code of Administrative Offenses of the Russian Federation and referred the case to court. The court agreed with the position of the prosecutor and in its decision indicated that the chairman of the HOA violated:

  • provisions of Art. 138 Housing Code of the Russian Federation;
  • requirements of the Decree of the Government of the Russian Federation dated September 23, 2010 No. 731.

The court came to the conclusion that the lack of information on the website violates the legislation on the disclosure of information by organizations operating in the MKD management. There were no signs of unlawful refusal to provide information. Therefore, the court decided not to hold the chairman of the HOA liable under Art. 5.39 Code of Administrative Offenses of the Russian Federation.

Also, the court explained that in accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, the owner may be refused consideration of the case if he does not provide sufficient evidence of his appeal to the HOA with a request to familiarize himself with the documents.

Disputes over the right to make copies of documents

In the Krasnodar Territory, the owner of a premises in an apartment building filed a lawsuit against the HOA. She learned about the holding of an absentee meeting of the HOA members, at which members of the association’s board were re-elected. The owner didn't like it decision, and she made a written request to the chairman of the partnership to familiarize herself with the results of the meeting and make copies of such materials, but the HOA refused her.

The court decided that the chairman is obliged to provide the owners of premises in the apartment building with documents for review within at least three hours consecutively during the working day without the presence of other citizens. At the same time, it is allowed to make extracts from documents, but not to make photocopies.

The chairman of the board of the HOA did not agree with the court's decision and asked that the owner familiarize himself with the documents in the presence of the chairman and members of the board of the partnership. The owner of the premises was also dissatisfied with the result of the process and asked to be allowed to make copies and to lift the restriction on the time of review.

conclusions

  1. Both members of the HOA and owners of premises in the apartment building who are not members of the partnership can familiarize themselves with the documents.
  2. The HOA is obliged to provide upon request the documents listed in Art. 143.1 Housing Code of the Russian Federation.
  3. Refusal to provide information is subject to liability under Art. 5.39 Code of Administrative Offenses of the Russian Federation.
  4. We advise you to familiarize yourself with the existing judicial practice, especially in providing copies of the requested documents. Sometimes courts make conflicting decisions.

Many legal conflicts and questions regarding HOAs remain unresolved. Legislation is developing, working on new problems that arise in practical activities. The status of chairman of a partnership, in addition to broad powers, imposes serious obligations on a person and entails responsibility.

  1. The Civil Code of the Russian Federation regulates relations in the field of property and non-property rights and contractual obligations.
  2. The Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ establishes criteria for the quality of service provision in housing and communal services. Dedicated to the status of the chairman of the HOA.
  3. Federal Law of the Russian Federation dated August 8, 2001 No. 129-FZ “On state registration of legal entities and individual entrepreneurs.” It is applicable to HOAs, since they carry out their activities similarly to others legal entities.
  4. Government Decree No. 491 of August 13, 2006 “On approval of the rules for maintaining common property in an apartment building” lists the nuances of the partnership’s activities.
  5. Charter of the partnership.
  6. Job description.

Who is the chairman of the HOA?

The creation of a homeowners' association is initiated by apartment owners or land plots for the purpose of independent management of collective property. This organization is similar to any other enterprise, taking into account the specifics of its activities and services. A chairman is elected to manage the partnership and its employees.

How to get elected

The head of the HOA can be any owner of housing in an apartment building or land plot. To do this, you need to join the HOA, then become a member of the board, who are elected at the general meeting of owners. The board of the partnership is the governing body; one of the members is elected as its head.

The election decision is considered valid when the majority of the board members voted for the candidate, and 50% of the partnership members were present at the meeting.

The Chairman is vested with powers for a period of at least 2 years.

How to be removed from office

The head of an HOA can vacate his position voluntarily for a variety of reasons:

  • advanced age;
  • health status;
  • moving;
  • other personal circumstances.

In this case, he notifies the residents of his desire in advance, after which new chapter re-elected in the standard manner.

Since the position is elective, forced dismissal and re-election are possible on the following grounds:

  • the person systematically avoids fulfilling his obligations;
  • constantly ignores residents' requests and does not make contact;
  • the owners have proven information that the funds they paid are being spent for other purposes;
  • engages in extortion;
  • in case of violation of labor, criminal, civil, housing, tax legislation;
  • a person is caught misappropriating public property;
  • the fact of bribery or illegal activities was revealed financial fraud.

The initiators of re-election can be apartment owners, the State Housing or Tax Inspectorate. To do this, you will need to collect evidence of the person’s illegal actions. With the information received, you can go to court or hold re-elections yourself.

If the second option is chosen, you need to act according to a certain scheme: invite all members of the partnership to a meeting, state the identified facts of illegal actions. The meeting is considered to have taken place if more than half of the owners are present.

After voting and re-election of the head of the partnership, the corresponding protocol is filled out, which will be the basis for re-registration constituent documents HOA. You need to contact the housing and tax office.

What is included in official rights

The head of the HOA has the right:

  1. Sign documents related to the activities of the HOA.
  2. Decide financial questions.
  3. Conclude contracts.
  4. Issue instructions and orders that are binding on participants and members of the partnership.
  5. Convene and hold a meeting of the HOA board.
  6. Hire staff.
  7. Insure the property of the partnership.
  8. Have a casting vote if the opinions of the board members are equally divided.
  9. Resolve issues regarding the complete and timely implementation of necessary household and utility work around the house;
  10. Ensure high-quality provision of heat, water and electricity from contractors;
  11. Receive and resolve questions and needs of partnership participants.

The Chairman must have certain knowledge in order to perform the functions assigned to him:

  1. Possession of relevant qualifications in the field of housing management.
  2. Control over payment of utility bills by residents: it must be timely and transferred in full.
  3. Personal control over debt recalculation.
  4. Supervision of the work of the financial authorities of the HOA.
  5. Implementation of statutory events and decisions adopted at meetings of residents.
  6. Monitoring the fulfillment of contractual obligations by contractors.
  7. Working with current documentation.
  8. Monitoring compliance with the proper sanitary condition of the residential building and territory by the work of hired personnel.
  9. Conflict resolution.
  10. Providing reporting on the activities of the organization.

What to do if you don't fulfill your duties

If the head does not fulfill his duties or treats them negligently, you need to try to negotiate with him peacefully: draw up an appeal from the residents, in which they set out their complaints and demands (for example, it is better to control the janitor who does not comply with the cleaning schedule).

If the situation does not change, the procedure for electing a new chairman must begin. The first step is to collect irrefutable evidence of his bad faith.

You can check the condition of the local area, entrances, lighting, elevators. If they are not maintained or repaired, the area is littered, and waste is not removed, you can draw up an act stating that money is being spent for other purposes for other purposes. Additional evidence will be receipts with charges for these reasons.

Owners have the right to demand from the HOA accountant a report on how the fees they paid are spent. Copies of tax returns must be officially requested from the inspectorate.

IMPORTANT! It is possible to organize an independent audit, to which the chairman is obliged to obey.

Based on the violations identified, a new head is elected. You can also file a claim in court.

What is his responsibility?

For non-compliance job responsibilities, committing financial fraud or fraudulent actions, the chairman of the partnership bears liability ranging from disciplinary to criminal. The measures are prescribed in the HOA Charter.

For excess

Responsibility for exceeding official authority will depend on the specifics of the violation committed. For example, in the case of sending a document for which a person does not have authority, government agency, it will simply remain without consideration.

If we are talking about unauthorized spending or appropriation Money, received from residents for certain purposes, liability will be criminal. The court may regard the manager's actions as fraud or theft. Damage caused by his fault will be subject to civil liability.

For inaction

If the chairman is negligent in his duties and does not fulfill them, he will bear disciplinary liability. If inaction causes damage to the owners, he will be obliged to compensate for material and moral damage.

Receives salary or benefits

Prohibits members of the board and the HOA and its chairman from carrying out activities in the partnership on the basis of an employment contract.

Home management takes everything free time citizen and does not allow you to have another job and receive a salary. The practice found a way out in assigning remuneration for work.

Such wages are due for each work performed in the house (repairing an elevator, repairing risers, painting walls, installing a common building meter). The part that will serve as a reward cannot exceed 30% of the cost of each transaction.

In addition, there is the concept of payment of insurance premiums by the partnership. They cover the costs associated with the implementation of activities (light, transport).

When there is no such need, the money will serve as payment for the chairman. These amounts are included in the bill for the maintenance and repair of the house and amount to no more than 5%.

Does he have the right

Homeowners' Association - relatively new form management of an apartment building, many issues remain unresolved and raise questions. This also applies to the status of the head of the community and his rights.

Not being a home owner

A candidate for the position of chairman must own living space in an apartment building or be the owner of a plot of land if we are talking about merging them into a partnership.

Post lists of debtors

IMPORTANT! The HOA can exist and maintain the house only through payments from the owners.

The issue of timely payment when it comes to utilities is especially acute. Public shaming is an effective method, so many organizations post lists of defaulters to push them to pay off their debt.

The law protects the personal data of citizens, therefore posting lists of debtors in the usual form, where the debtor’s full name, address and amount of debt appear, is illegal.

But it is enough to remove personal data, keeping the apartment number and debt, in order to remain in the legal field. In addition, you can regularly voice the debt of the owners at meetings.

Enter the apartment

IMPORTANT! The Constitution of the Russian Federation guarantees the inviolability of home to every citizen.

Even the employees law enforcement have no right to enter the apartment without the permission of the owner and a court order. Therefore, the chairman is not authorized to enter the apartment without the owner. Even the occurrence of emergencies, floods, and problems with electricity do not change the situation.

In such situations, it is only possible to isolate the apartment through neighbors. For example, block the risers or cut off the electrical wiring. Subsequently, the costs of these activities will be borne by the absentee owner.

Work part-time

According to the current labor legislation, part-time work is the performance by a citizen of paid activities on the basis of a contract in addition to the key place of employment in his free time. The law does not limit the number of part-time jobs.

The Housing Code prohibits the chairman from combining a position on the board and activities in the same partnership under a contract. This does not apply to other organizations. Therefore, he has every right to work part-time in a third-party company.

Receive a salary

The chairman of the partnership is not an employee acting on the basis of an employment contract. That's why wage he is not accrued or paid. At the same time, he does not have to work for free, so he receives remuneration within the limits fixed in the Charter.

To go to vacation

The chairman is not an employee of the partnership in the full sense of the word. Not concluded with him employment contract, he is not paid a salary, so the person receives vacation, if provided, at his own expense. The procedure for rest and replacement of the head during periods of his absence must be determined in the Charter.

Conclusion

The homeowners' association opens up unlimited opportunities for apartment owners to organize everyday life, have children's playgrounds nearby, and receive additional utilities. To ensure that funds are spent rationally and for their intended purpose, you need to carefully select the board and chairman.

Everyone who is a member of the partnership can receive all information regarding the management of the house.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Any data on payments and invoices must be transparent and in the public domain for each member of the homeowners’ association.

If the HOA board refuses to provide data, then the residents have the right to convene a meeting and.

It is worth remembering that an HOA is a voluntarily created non-profit organization to manage residential building home owners.

What does membership provide?

Membership in the HOA makes it possible to receive all data on economic and financial activities.

According to Article 143, Part 3 of the Housing Code of the Russian Federation, you can familiarize yourself with the following documentation:

  • register;
  • financial statements, various estimates for the year and reports on their implementation, auditors' conclusions (during audits);
  • results;
  • documents that confirm the rights to dispose of property;
  • various minutes of meetings and voting;
  • technical plan documentation;
  • various internal documents of the partnership and decisions of the general meeting.

In addition, membership in the HOA allows you to make a choice about how to organize repair work, including capital ones.

Membership in the HOA is an opportunity to control all processes of organizing economic and financial activities.

In addition, all citizens who have entered into a partnership can accept Active participation in managing the house. If you choose the Criminal Code, then there is no such option.

Legal status and status

Only apartment owners can become members of the association. Citizens who have purchased real estate can also join the HOA as soon as they receive ownership.

To exit, you need to make a written statement.

If the owner sells the apartment or is deprived of ownership rights for other reasons, he automatically leaves the partnership.

Each partnership has its own board and. The choice is made by voting among the HOA participants.

Only homeowners can be the chairman and members of the board. In addition to the “management team,” an audit commission must be created.

Members of the partnership choose those who will be included in it. The commission is obliged to audit financial and economic activities at least once a year and subsequently provide reports.

Rights of HOA members

Members of a homeowners association have the right to:

  • disposal of one's own property without the consent of anyone;
  • actively participate in the work of the partnership by attending meetings, voting, and making various proposals;
  • express an opinion regarding the activities of the partnership, repair work, etc.;
  • use public property;
  • express a desire to be a member of the audit commission and chairmanship.

Board of the organization

The board of the homeowners association is obliged to provide various reports, estimates and other financial and economic documentation in a timely manner and upon request.

Also, the board does not have the right to make decisions on general issues without holding a meeting of owners, otherwise the members of the HOA may demand that the board be replaced.

The board of the association must promptly inform residents about the various works. And also, together with them, establish the amount of monthly fees.

Other residents

It should be borne in mind that joining a partnership is voluntary. Some residents may opt out of their HOA membership. But, at the same time, apartment owners are also vested with rights in accordance with Article 143.1 of the Housing Code of the Russian Federation.

According to the data, any resident has the right to receive information about the accounting and financial activities of the board. This is due to the fact that each resident pays all bills and fees.

Not only members of the HOA, but also any other apartment owners can make demands for repairs and maintenance of common property.

Also, citizens who are not members of the HOA can familiarize themselves with any technical and reporting documentation.

According to the HOA, only the owner can be a participant.

The only way out of this situation would be to enter into ownership rights through equity or by donation.

Responsibilities

A member of the HOA is obliged to:

  1. Use various common areas without infringing on the rights of other residents.
  2. Treat plots of land and the housing stock itself with care.
  3. Comply with all sanitary and epidemiological requirements.
  4. Conduct at least once every 5 years renovation work residential premises.
  5. Use elevators for their intended purpose.
  6. Walk dogs in designated areas.
  7. Pay fees as agreed.
  8. Maintain cleanliness and neatness in entrances, elevators and local areas.

Video about the responsibilities of homeowners association members