Board of tsn rights and obligations. Features of management in a partnership of real estate owners. Competence of the General Meeting of Members of the Association of Real Estate Owners

The Association of Real Estate Owners (TSN) is the organizational and legal form of non-profit organizations, and the Association of Home Owners (HOA) is one of the types of TSN, within which the owners of premises are united in apartment building(MKD) either in several MKD or residential buildings.

MKD control methods

There are three ways to control MKD (part 2 of article 161 of the RF LC):

1) direct management of the owners;

2) management of the HOA either housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

In this case, the method of management is chosen by the general meeting of the owners of the premises and can change it at any time on the basis of its decision (part 3 of article 161 of the RF LC).

Homeowners Association

Homeowners' association is an association of owners of premises in MKD, created for joint management of common property in MKD or property in several MKD or residential buildings, providing utilities, implementation of activities aimed at achieving the goals of management of apartment buildings or at the joint use of property of owners. At the same time, the HOA is a non-profit organization and is recognized as a type of TSN (subparagraph 4 of paragraph 3 of article 50 of the Civil Code of the Russian Federation; part 1 of article 135 of the LC RF).

Real Estate Owners Association

The concept of "partnership of real estate owners" appeared on 01.09.2014 as a new organizational and legal form of non-profit organizations (subparagraph 4 of paragraph 3 of article 50 of the Civil Code of the Russian Federation; subparagraph "b" of paragraph 3 of article 1, part 1 of article 3 Law of 05.05.2014 N 99-FZ).

TSN is a voluntary association of owners of real estate, in particular premises in a building (including an apartment building) or in several buildings, residential and country houses, horticultural, horticultural or summer cottages land plots etc. The goals of such an association and the goals of creating a homeowners association are similar (clause 1 of article 123.12 of the Civil Code of the Russian Federation).

The difference between TSN and HOA

Based on the above, TSN is a broader concept in comparison with HOA - an association of owners different types real estate, while within the framework of the HOA, only the owners of premises in the MKD are united.

With the emergence from 01.09.2014 of a new organizational and legal form of legal entities - TSN, the legislator does not abolish the concept of "homeowners' partnership". The creation and operation of HOAs, the legal status of its participants are still governed by the norms of housing legislation, which are special in relation to the general provisions of civil legislation on TSN (clause 21 of the Resolution of the Plenum The Supreme Court RF dated 23.06.2015 N 25; Letter of the Ministry of Construction of Russia dated 10.04.2015 N 10407-ACh / 04).

Consequences for HOA after the appearance of TSN

The charters of TSN and HOA must contain information about their name, including the words (clause 2 of article 123.12 of the Civil Code of the Russian Federation; part 2 of article 135 of the LC RF):

"Partnership of real estate owners" for TSN;
"Homeowners' association" for HOAs.

The organizational and legal form does not always have to be indicated in the name of the organization. In cases where the law provides for the possibility of creating a type legal entity, in the name it is permissible to indicate only this type (clause 1 of article 54 of the Civil Code of the Russian Federation).

Given that the HOA is created as a type of TSN, an indication in the name of the HOA in the form of its organizational and legal form is not required. The name indicates only the type - homeowners' association. Thus, when filling out an application for state registration of a legal entity when creating an HOA or to amend the information about a legal entity contained in the Unified State Register of Legal Entities, for submission to the registering authority, it is necessary to indicate: "partnership of homeowners (name)" (Letter of the Ministry of Construction of Russia dated 01.22.2016 N 1367-EC / 04).

At the same time, from 05/23/2015, the charter of a legal entity must contain information not only about its name, but also about its organizational and legal form (which in our case is TSN). At the same time, the charters of HOAs created before that date must be brought in line with this requirement when the charters of such HOAs are changed for the first time (

1. To exclusive competence supreme body partnerships of real estate owners, along with the issues specified in paragraph 2 of Article 65.3 of this Code, also includes the adoption of decisions on the establishment of the amount of compulsory payments and contributions of members of the partnership.

2. In the partnership of real estate owners, a sole executive body (chairman) and a permanent collegial executive body (board) are created.

By decision of the supreme body of the partnership of real estate owners (clause 1 of Article 65.3), the powers of the permanent bodies of the partnership may be terminated ahead of schedule in cases of gross violation of their duties, revealed inability to conduct business properly, or if there are other serious reasons.

Art. 123.14 of the Civil Code of the Russian Federation, part 1. Features of management in a partnership of real estate owners

Civil Code

Approved by
General meeting
HOA members 151

JOB DESCRIPTION
CHAIRMAN OF THE MANAGEMENT BOARD151

1. General Provisions.

1. The chairman of the board of a partnership is an elected person, cannot combine his activities on the board of a partnership with work in a partnership on employment contract... Elected in the manner and for the period established by the Charter of the partnership. The head of the collegial executive body of the Partnership is the Management Board.

1.2. A member of the Management Board cannot be elected as the Chairman of the Management Board on the grounds provided for by Article 160/1 N ° 188-FZ of the Russian Federation:

a member of the board who previously committed gross violations of the Housing legislation of the Russian Federation, the Charter of the partnership, the Regulations on the Board of the HOA, the Regulations on audit commission HOA;
a member of the board who does not actually live in the house.

1.3. The chairman of the board must have higher education is an elected person with governance powers.

1.4. The chairman of the board should serve as an example of honesty, decency, responsibility, conscientiousness, professionalism in this post.

1.5. The chairman is elected at the first meeting of the Board of the partnership, from among the members of the Board, by simple voting for the period established by the Charter of the partnership.

2. The Chairman of the Board of the Partnership in his activities is guided by the current legislation of the Russian Federation, the Charter of the Partnership, official powers(instructions), and, regulatory documents approved by the management body of the Partnership - the General Meeting of the members of the Partnership.

3. The chairman of the board of the partnership ensures the implementation of decisions of the board, has the right to give instructions and orders to all officials partnerships, the execution of which is mandatory for the specified persons.

4. The chairman of the board of the homeowners' partnership acts without a power of attorney on behalf of the partnership and signs payment documents.

5. Chairman of the Board of the partnership, to make transactions that, in accordance with the legislation, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of the members of the partnership.

6. The chairman of the board of the partnership develops and submits for approval by the general meeting of the members of the partnership documents and provisions stipulated by the charter of the partnership and decisions of the general meeting of the members of the partnership.

7. The chairman of the board of the partnership is responsible for the content common property in this house in accordance with the requirements of technical regulations and established by the Government Russian Federation rules for maintaining common property in an apartment building.

8. The Chairman of the Board of the partnership is responsible for the provision of utilities, depending on the level of improvement of this house, the quality of which must meet the requirements established by the Government of the Russian Federation and the Rules for the provision, suspension and restriction of the provision of utilities to owners and users of premises in apartment buildings and residential buildings ...

9. The chairman of the board is personally responsible for the organization of office work in the board of the partnership, accounting and storage of documents of the owners of premises, the HOA itself, the correctness of the conclusion of contracts and agreements, the failure to make decisions on the maintenance and operation of a residential building, the timeliness and completeness of payment of taxes, reporting to the tax service , funds, banks, etc.

10. Powers and obligations of the Chairman of the Board of the partnership and, accordingly, the amount of remuneration for the Chairman's performance job responsibilities, approved by the general meeting of the members of the Partnership. Execution start date (occurrence labor relations) responsibilities for the management of the common property of the owners, the date of the election of the Chairman by the decision of the executive collegial body of the Partnership is considered (clauses 11, clause 145 of the LC RF, part 3 of article 16 of the Labor Code of the Russian Federation).

11. The peculiarities of labor relations between the Chairman of the Management Board and the Association of Homeowners are regulated by the legislation of the Russian Federation, apply general provisions labor legislation taking into account the norms of the Housing Code.

12. The Chairman of the Management Board is elected for a term of no more than two years (Article 147 of the LC RF). Performs his duties in an elective position in accordance with job description for remuneration, the amount and frequency of payment of which is approved by the decision of the general meeting of the members of the partnership.

13. The Chairman of the Management Board bears full financial responsibility for direct actual damage caused by the HOA (Article 277 of the Labor Code of the Russian Federation). Direct actual damage means a real decrease in the available property of the employer (HOA) or deterioration of the condition of the specified property (including property of third parties held by the employer, if he is responsible for the safety of this property), as well as the need for the employer (HOA) to incur costs or excessive payments for the acquisition, restoration of property or for compensation for damage caused to third parties. (Article 238 of the Labor Code of the Russian Federation)

14. The Chairman of the Management Board may be relieved of his duties in connection with the adoption authorized body legal entity (board of HOA or general meeting of HOA members) decisions to terminate the powers of the Chairman, if the official admits ineffective management, actions (inaction), failure to comply with the interests of the owners (Article 278 of the Labor Code of the Russian Federation).

15. Early termination of the employment contract on the initiative of the chairman of the board of the HOA is allowed with the warning of the partnership (board and general meeting) in writing no later than one month (Art.

2. Duties of the chairman of the board.

2.1 The elected Chairman of the Management Board, from the moment of assuming office of the Head of the Management Board, is obliged to:

2.1.1. To convene a new composition of the Management Board, invite the Audit Commission (auditor), the composition of the old Management Board and determine the procedure and terms for transferring cases to the new composition of the Management Board and members of the Audit Commission.

2.1.2. organize, within two months, an independent audit of the activities of the previous the chairman of the HOA for the entire period of his office. Premises owners apartment building are obliged to pay for the auditor's work in proportion to their share in the common property of the house.

2.1.3 make a complete inventory of all material assets and documentation on the book of accounting of documents of the board, as well as the register of materials and documentation of the partnership. The chairman of the newly elected board together with the members of the board is obliged to accept material resources and the documentation of the partnership, draw up inventory acts, on the transfer of cases and positions - all in duplicate.

2.1.4. know the contractual obligations of the partnership and assist in their implementation.

2.1.5. organize and direct the activities of members of the board and officials of the partnership in accordance with the current legislation, the requirements of the Charter and decisions of the general meeting and the board.

2.1.6. perform the functions of a customer in organizing the technical operation of apartment buildings, as well as providing utilities and other services to apartment owners.

2.1.7. control the maintenance of technical, accounting, statistical and other reporting.

What are the pros and cons of the Real Estate Owners Association (TSN)

control the provision of utilities and other services of an established quality to apartment owners by legislative and regulatory acts, as well as contractual obligations.

2.1.9. to seek from the performers to perform work in accordance with the terms of the contracts concluded with them.

2.1.10. take measures to ensure the smooth operation of engineering equipment in the house.

2.1.11. ensure the safety of the working, technical and other documentation of the partnership.

2.1.12. take timely measures in connection with unauthorized refurbishment and redevelopment of common areas, residential and non-residential premises by residents of the house.

2.1.13. represent the interests of the partnership in state and other institutions related to the management and operation of property.

2.1.14. ensure the preparation and placement of documents and information on the activities of the HOA at the information stand.

2.1.15. conclude service contracts with owners of residential premises who are not members of the HOA.

2.1.16. carry out, together with members of the board, periodic monitoring of the state of structures, engineering equipment and external improvement of real estate and, if necessary, take measures to eliminate the identified deficiencies, in accordance with the Regulation on the organization of technical operation of the housing stock.

2.1.17. at least once a month in person, or instruct a member of the board to supervise the cleaning of common areas and the surrounding area.

2.1.18. organize the purchase of material and technical resources required for the implementation of the charter activities of the partnership.

2.1.19. organize staff training.

2.1.20 participate in the work of the audit commission.

2.1.21. hold meetings of the board in accordance with the requirements of the Articles of Association, general meetings of owners

2.1.22. receive residents, take into account and register complaints and applications, control the elimination of noticed deficiencies

2.1.23. when the general meeting or the board makes decisions that contradict the current legislation and the Charter of the partnership, demand the cancellation of these decisions.

2.1.24. demand from the tenants of the apartments to timely contact the manager if they detect malfunctions inside the apartment equipment (fistulas, rust, etc.) and load-bearing walls (chips, cracks, etc.).

3. In addition, duties are assigned to the chairman of the board.

3.1. preparation of amendments and additions to the charter of the partnership;

3.2. preparation of calculations of the annual cost estimate (financial plan) for the maintenance and repair of the property of the owners for the corresponding year.

3.3. preparation, calculation and justification of the size of one-time payments to cover the resulting costs in excess of the financial plan (annual cost estimate). Approval of contributions to the reserve fund at the general meeting of owners;

3.4. disposal of the partnership funds allocated to the reserve fund and not included in the financial plan for the production of emergency, urgent work etc.

3.5. preparing annual reports on financial activities, submitting them to the general meeting of the members of the partnership for approval, and also prepares quarterly reports on the financial activities of the HOA and informs the owners at the general meeting and by posting the report on the Information stand.

4. Rights of the chairman of the board

4.1. The chairman of the board has the right:

4.1.1. issue orders, give instructions and instructions to all officials of the partnership, including members of the board, who are obligatory for them;

4.1.2. Issue powers of attorney;

4.1.3. open settlement and other accounts with credit institutions;

4.1.4. dispose of the property of the partnership, including funds in full, in accordance with the economic - financial plan;

4.1.5. dispose of the funds of the partnership in the bank account in accordance with the approved annual financial plan (cost estimate), within the powers approved by the general meeting of owners;

4.1.6. act and sign payment documents on behalf of the partnership and make transactions that, in accordance with the legislation and this Charter, are not subject to mandatory approval by the board or the general meeting;

4.1.7. develop and submit for approval by the general meeting the internal regulations for the employees of the partnership, provisions on their remuneration;

4.1.8. develop and approve regulations and instructions for all officials involved in the maintenance of the housing stock;

4.1.19. petition before a meeting of members of the HOA for the release from the powers of members of the board of the partnership;

4.1.10. to hire personnel for the technical maintenance of the housing stock and to fire them;

4.1.11. conclude contracts on behalf of the partnership, including technical operation housing stock, as well as utilities;

4.1.12. make settlements with individuals and legal entities for the services provided by them in accordance with the concluded contracts;

4.1.13. insure the property of the partnership;

4.1.14. fulfill other obligations arising from the provisions of the LC RF, the Charter of the Partnership.

4.1.15. Monitor the use of residential and non-residential premises for their intended purpose.

4.1.16. To vacate the current position ahead of schedule.

4.2. The Chairman of the Board is dismissed from his post in accordance with the legislation and on the grounds set forth in the Charter of the Partnership, the Regulations on the Board of the Partnership and these official duties.

4.3. Controversial issues, disagreements and conflict situations arising in the course of the performance of duties between the chairman and the board or the general meeting are resolved through negotiations or in court.

The Association of Real Estate Owners: Amendments to the Civil Code of the Russian Federation, dated 05.05.2014 N 99-FZ

A partnership of real estate owners is a voluntary association of owners of real estate (premises in a building, including in an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottages, etc.), created by them for joint possession, use and disposal of property (things), by virtue of the law, in their common ownership or in common use, as well as for the achievement of other purposes stipulated by laws, and within the limits established by law.

Clarification

A partnership of real estate owners is a voluntary association of owners of real estate (premises in a building, including an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottages, etc.), created by them for joint possession, use and, within the limits established by law, of disposing of property (things), by virtue of the law, being in their common ownership or in common use, as well as for the achievement of other goals stipulated by laws.

The Real Estate Owners Association is one of the organizational and legal forms provided for non-profit corporate organizations.

The legal status of Real Estate Owners' Associations is governed by clauses. 5 pairs. 6 chap. 4 of the Civil Code of the Russian Federation of the Civil Code of the Russian Federation (Civil Code of the Russian Federation).

The charter of a partnership of real estate owners must contain information about its name, including the words "partnership of real estate owners", location, subject and purpose of its activities, the composition and competence of the partnership bodies and the procedure for making decisions by them, including on issues on which decisions are taken unanimously or by a qualified majority of votes, as well as other information provided for by law (clause 2 of article 123.12 of the Civil Code of the Russian Federation).

The real estate association is not liable for the obligations of its members. Members of the partnership of real estate owners are not liable for its obligations (clause 3 of article 123.12 of the Civil Code of the Russian Federation).

The partnership of real estate owners, by the decision of its members, can be transformed into a consumer cooperative (clause 4 of article 123.12 of the Civil Code of the Russian Federation).

Property of the partnership of real estate owners (Article 123.13. Civil Code of the Russian Federation)

The partnership of real estate owners is the owner of its property (clause 1 of article 123.13 of the Civil Code of the Russian Federation).

Common property in an apartment building, as well as common-use objects in horticultural, vegetable gardening and dacha non-profit partnerships belong to the members of the respective partnership of real estate owners on the basis of common shared ownership, unless otherwise provided by law. The composition of such property and the procedure for determining shares in the right of common ownership of it are established by law (clause 2 of article 123.13 of the Civil Code of the Russian Federation).

A share in the right of common ownership of common property in an apartment building of the owner of the premises in this building, a share in the right of common ownership of common facilities in a horticultural, vegetable gardening or summer cottage non-profit partnership of the owner of a land plot - a member of such non-profit partnership follow the fate of the ownership of the said premises or land plot (clause 3 of article 123.13 of the Civil Code of the Russian Federation).

Features of management in a partnership of real estate owners (Art. 123.14. Civil Code of the Russian Federation)

The exclusive competence of the supreme body of the partnership of real estate owners, along with the issues specified in paragraph 2 of Article 65.3 of the Civil Code of the Russian Federation, also includes decisions on the establishment of the amount of compulsory payments and contributions of members of the partnership (paragraph 1 of Article 123.14 of the Civil Code of the Russian Federation).

In the partnership of real estate owners, a sole executive body (chairman) and a permanent collegial executive body (board) are created (clause 2 of article 123.14 of the Civil Code of the Russian Federation).

By the decision of the supreme body of the partnership of real estate owners (paragraph 1 of Article 65.3), the powers of the permanent bodies of the partnership may be terminated ahead of schedule in cases of gross violation of their duties, revealed inability to conduct business properly, or in the presence of other serious grounds (paragraph 3 of article 123.14 of the Civil Code RF).

Additionally

Non-profit corporate organizations are legal entities that do not pursue profit-making as the main goal of their activities and do not distribute the received profit among the participants, the founders (participants) of which acquire the right to participate (membership) in them and form their supreme body.

A public organization is a voluntary association of citizens who have united in the manner prescribed by law on the basis of their community of interests to satisfy spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law.

Non-profit organizations are organizations that do not have profit making as the main goal of their activities and do not distribute the received profit among the participants.

Organizational and legal form - a method of securing and using property by an economic entity and the resulting legal status and goals of entrepreneurial activity

Materials on the topic "Non-profit organizations"

The Association of Real Estate Owners (TSN) is an organizational and legal form of non-profit organizations, and the Home Owners Association (HOA) is one of the types of TSN, within which the owners of premises in an apartment building (MKD) or in several MKD or residential buildings are united.

MKD control methods

There are three ways to control MKD (part 2 of article 161 of the RF LC):

1) direct management of the owners;

2) management of an HOA or a housing cooperative or other specialized consumer cooperative;

3) management of the managing organization.

In this case, the method of management is chosen by the general meeting of the owners of the premises and can change it at any time on the basis of its decision (part 3 of article 161 of the RF LC).

Homeowners Association

A HOA is an association of owners of premises in an apartment building, created for the joint management of common property in an apartment building or property in several apartment buildings or residential buildings, providing utilities, carrying out activities aimed at achieving the goals of managing an apartment building or sharing property of owners. At the same time, the HOA is a non-profit organization and is recognized as a type of TSN (subparagraph 4 of paragraph 3 of article 50 of the Civil Code of the Russian Federation; part 1 of article 135 of the LC RF).

Real Estate Owners Association

TSN is a voluntary association of owners of real estate, in particular premises in a building (including an apartment building) or in several buildings, residential and country houses, horticultural, horticultural or suburban land plots, etc. The goals of such an association and the goals of creating a homeowners association are similar (clause 1 of article 123.12 of the Civil Code of the Russian Federation).

The difference between TSN and HOA

Based on the above, TSN is, in comparison with HOA, a broader concept - an association of owners of different types of real estate, while within HOA, only owners of premises in an apartment building are united.

With the emergence from 01.09.2014 of a new organizational and legal form of legal entities - TSN, the legislator does not abolish the concept of "homeowners' partnership". The creation and operation of HOAs, the legal status of its participants are still governed by the norms of housing legislation, which are special in relation to the general provisions of civil legislation on TSN (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 06/23/2015 N 25; Letter of the Ministry of Construction of Russia of 10.04 .2015 N 10407-АЧ / 04).

Consequences for HOA after the appearance of TSN

The charters of TSN and HOA must contain information about their name, including words (clause 2 of article 123.12 of the Civil Code of the Russian Federation; h.

What is the responsibility of the chairman of the HOA

2 tbsp. 135 LCD RF):

"Partnership of real estate owners" for TSN;
"Homeowners' association" for HOAs.

The organizational and legal form does not always have to be indicated in the name of the organization. In cases where the law provides for the possibility of creating a type of legal entity, it is permissible to indicate only such a type in the name (clause 1 of article 54 of the Civil Code of the Russian Federation).

At the same time, from 05/23/2015 the charter of a legal entity must contain information not only about its name, but also about its organizational and legal form (which in our case is TSN).

At the same time, the charters of HOAs created before that date must be brought into line with this requirement when the charters of such HOAs are changed for the first time (clause 4 of article 52 of the Civil Code of the Russian Federation; clause 2 of article 1, article 4 of the Law of 05/23/2015 N 133-FZ).

Note: The appearance of TSN does not automatically entail the need to re-register the HOA. Moreover, in order to avoid additional social tension among citizens in matters of management of apartment buildings, the attention of the state housing supervision authorities is drawn to the inadmissibility of referring to HOA requirements, notifications or other kinds of documents about the need to re-register the HOA, as well as about making changes to constituent documents HOA in the absence of appropriate grounds (part 10 of article 3 of Law N 99-FZ; Letter of the Ministry of Construction of Russia dated 10.04.2015 N 10407-ACh / 04).

What it is

HOA is a Homeowners Association. Housing in this case means apartments located in an apartment building.

This house needs care, the adjacent territory, it is also important to ensure communal continuity, to improve such areas of the building as windows, doors, garbage chutes, ventilation, and so on.

That's all this is monitored by the public organization HOA. For its functioning, there are articles in the Housing Code of the Russian Federation.

Multi-family management can be done in different ways. Basically, there are 3 ways by which you can regulate all affairs for the improvement of an apartment building.

These methods are legal and reflected in the RF LC:

Direct care of the house by residents.
Establishment of a Homeowners' Association with a head unit - a chairman.
Housing or consumer cooperative.
Management organization.

The managerial method, as well as the HOA society, has its own specifics - a system of regular planned and unscheduled meetings of members, payment membership fees, recording the progress of meetings and making their decisions.

Such meetings are organized in compliance with the procedure set forth in Part 3 of Article 161 of the RF LC.

Joint management of common property is the main objective such societies. That is why their activities are not recognized by the law as commercial (Civil Code of the Russian Federation, LCD of the Russian Federation).

TSN is the Association of Real Estate Owners, which on January 1, 2014 was formed in the legal field of the housing legislation of Russia, as a new organizational formation - a form of non-profit organization of owners of any real estate (subparagraph 4 of paragraph 3 of article 50 of the Civil Code of the Russian Federation, paragraph "a" .3 article 1 or part 1 article 3 of the special law dated 05.05.14).

The organization is created voluntarily by the owners of real estate, which can be not only apartments, but also:

private houses;
garages;
warehouses;
land plots, territories;
horticultural, farm, horticultural allotments;
retail space in some prestigious mall etc.

These formations are organized in order to also ensure the maximum improvement of the interior and exterior areas adjacent to real estate, or to provide legal protection of a plot of land.

The organization is created on a voluntary basis. Property can be allocated in common for several objects at once, and not just for one house, as is practiced in the HOA system.

The partnership of real estate owners is relevant for those societies where the question of some kind of cooperation of owners of land plots, or summer cottages, or garages arises.

The need arises when people understand that their real estate is located on a certain common territory, receives electricity and other benefits of civilization, the uninterrupted supply of which needs to be monitored by someone.

Note! The transition or creation of TSN is voluntary, therefore the legislation does not oblige other organizations to urgent order be transferred to such a system of real estate management.

What's the Difference

It turns out that the HOA exercises control over the improvement of only residential real estate and that, basically, the MKD - an apartment building.

And in TSN, measures are taken to improve, protect and maintain both residential and non-residential premises. The goals, functions and tasks of such an organization are similar to the goals and objectives of the HOA, but in scale they are broader and broader.

Therefore, some HOA may well be a member of TSN, or tenants may completely refuse to unite HOA in order to join TSN, a larger institution that can also solve issues of MKD, and not only land, garage, warehouse, summer cottages and other needs.

For brief analysis the similarities and differences between the two forms of existence public organizations owners of real estate, you can consider a consolidated table of data characterizing both directions of the Partnerships:

	HOA
Profitability status	Non-profit organizational education (Article 135 of the LC RF).	1. commercial organization- if it includes immovable objects that are identical to this status and generate income of a business nature. 2. Non-profit organization - if the structure includes real estate objects on which they do not regularly earn money.
Taxation	Simplified	Regular
Permits for the creation of an organization and its existence.	License to manage MKD, because several houses with apartments are not required.	License to manage specific types of immovable objects (regulated by the RF LC).
Constituent documents	Charter, certificate of registration of a legal entity.
Management documents	Contracts with a contract, utilities and other institutions that provide services for the improvement of real estate.
Structure	Consists of the owners of apartments in one apartment building (rarely two or more). The owners are individuals.	Consolidation of owners of several houses different types- residential or non-residential, multi-apartment or private. Or - the union of land plots, production and other premises, etc. Owners are individuals or legal entities.
When the right to create an organization comes.	In the presence of 50% of votes "For" from among the homeowners of the MKD.	Election of members of the Partnership, among whom there may be citizens-owners and representatives of enterprises-owners of real estate.
Mode of operation	Activities are carried out through public meetings, which also include members of the Association.	Decisions are not made by all property owners, but only by those who are members of the Partnership.
Functions, tasks, goals	1. The public property of the Partnership is allocated. 2. Creation of favorable living conditions for residents. 3. Communication with utilities and other organizations serving the house. 4. Improvement of the adjacent territory. 5. Creation of rules of conduct for residents of the house and interaction with them. 6. Seasonal and scheduled inspections of utilities, pipelines, ventilation and other systems. 7. Issuance of apartment bills for payment for the provided utilities, repairs, administrative and other services. 8. Resolving disputes in court regarding the public property of the Partnership and other tasks.	The partnership disposes and manages the common part, which is allocated for all types of real estate that are included in the structure. For example: - issues of renting premises; - ensuring the safety of common property; - multiplication of common property, its development; - issues of a public nature, human interaction; - work with an estimate to establish payments for utilities, repair, administrative, security and other services to each owner, and more.
Leading person	Chairperson	Manager

Note! The activities of both types of managerial forms must necessarily be carried out on the basis of the Charter.

But in TSN there is an opportunity to introduce any necessary additional structures of an executive nature. For example, it can be a service for the repair of electricity in houses and buildings, everything connected with it.

Pros and cons of HOA

The pluses of the Homeowners Association include the following factors:

It is easy to solve issues on the improvement and maintenance of the house and the adjacent territory - each resident can turn to the meeting with one or another proposal or question.
Conflicts with neighbors can be resolved by the Partnership without resorting to law enforcement.
In theory, everyone who comes to the meeting has the right to vote in voting and the right to participate in the discussion on the adoption of this or that decision.
Information transparency of the financial component of the Partnership, as well as the activities of the chairman.
Taxation - STS (simplified system). Affects the Fellowship's finances as a small burden.
A license to operate TSN is not required.
It is possible to choose a managing organization.

The disadvantages related to the activities of the HOA include the following disadvantages:

not always the tenants-owners who come to the meeting of the partnership can somehow influence their opinion on the decision. The opinion of the majority is taken into account;
too many different membership fees;
there is a risk of increased payments for the use of certain services. The meeting may decide to use expensive equipment or choose an expensive service .;
legislative support is considered weak;
the residents' initiative is noted to be weak.

Note! The structure of the meetings of the residents' community is such that it is not always convenient to present your idea so that it will be heard.

In practice, with a large meeting, it is difficult to cast your vote to be considered, but in theory all tenants have the right to do so. Therefore, this state of affairs can often be viewed as a minus.

Pros and cons of TSN

The advantages of the Association of Real Estate Owners can be distinguished as follows:

A citizen-owner, or a legal entity-owner, even if they are not members of the TSN board, can apply for the resolution of their disputes, issues related to common property, their real estate.
All tenants or users of non-residential premises do not need to post Fellowship meetings. This is done only by elected members who have their own responsibilities.
The focus of the merger is only on the management and growth of the property, which can be beneficial even for owners, where profits can be shared among the owners.
An open system of reporting to the owners for the work done and planned activities for the organization's activities. Any owner is given the opportunity to check even the financial movements of the Partnership.

The disadvantages of TSN are expressed in the following disadvantages:

the opinion of the majority is not taken into account, only the opinion of the members of the association is taken into account;
in view of the fact that TSN is a legal entity, at any time the organization has the right to declare itself bankrupt, which may negatively affect the profitability of the owners who benefited from the activities of the Partnership.

Note! The association of owners and owners of any real estate does not bear any responsibility for those obligations that must be fulfilled by its members - members of the association.

And the owners themselves, in turn, are not responsible for the actions and decisions of the Partnership, its management.

What's better

It is possible to consider the question of what is better for TSN or HOA when it comes to plans to create a kind of public institution for an apartment building (or several such houses).

Associations differ from each other in that the structure of the former includes not only residential real estate of the owners, but also non-residential property with a commercial component.

Therefore, in the case when it is required to contain several objects for different purposes, it will be appropriate to organize TSN. And if the real estate is presented only by MKD, then it is better to stay at the HOA.

As for the taxation system, then, of course, the "simplified" HOA is more profitable for owners than the standard system of ordinary taxation provided for TSN.

In connection with the new law No. 99-FZ that came into force on May 5, 2014, the transition from the Association of Homeowners to the Association of Real Estate Owners is a right, not an obligation.

Many people find it more convenient to stay on simplified taxation, especially since the house is for residents, and not for commerce. Therefore, not all homeowners' associations are renamed TSN.

Note! Obtaining a new license, proving that the Partnership fits into the category of real estate owners is also a troublesome business for the bureaucracy, which does not suit everyone. This can also be an obstacle to the transition from one system of government to another.

For the tenants themselves, it is not always convenient to go to meetings all the time, which are mandatory in the structure of the HOA.

Therefore, based on this approach, it even seems more convenient for apartment owners to create a Partnership of real estate owners, where they will not be required to attend meetings and participate in decision-making.

However, not everyone thinks that way, there are caring tenants of houses, there are many of them - they can either become members of the Partnership if the organization makes the transition to TSN, or they can apply to leave the HOA as it is.

As a rule, practice shows that if we are talking about one apartment building, then it makes no sense to create a society of property owners.

From September 1, 2014 owners of premises in MKD has the right to merge into TSN (Federal Law No. 99 dated 05.05.2014). At its core, a real estate association (TSN) is a transformed form of homeowners' association, which now cannot be registered in any way. In this article we will talk about what TSN is, what are its functions, powers, rights and obligations.

MKD control methods

What is TSN

As an organizational and legal form, TSN is a partnership. According to the law, TSN is a voluntary association of owners of real estate, in our case premises in an apartment building. TSN is created for joint ownership, use and, within the limits established by law, for the disposal of common property (clause 1 of article 123.12 of the Civil Code of the Russian Federation).

TSN is a non-profit corporate body, created to meet the needs of owners of MKD. Members of the partnership have the right to participate in it, form its supreme body, have the rights and obligations in relation to the legal entity they have created (clauses 1, 2, article 65.1 of the Civil Code of the Russian Federation). Creation and activity TSN regulated by Articles 123.12 - 123.14, Articles 65.1 - 65.3 of the Civil Code of the Russian Federation and the norms of Section VI of the LC RF.

The partnership carries out maintenance, operation and repair of the common property of the owners in the house. TSN can also lease parts of the common property in the MKD by decision of the general meeting of owners (parts 1 - 2 of article 152 of the RF LC).

TSN can conduct an entrepreneurial MKD management activities... But given view activities should only serve the purposes for which TSN was created. The income received should not be appropriated and distributed among its members (Articles 218, 123.13 of the Civil Code of the Russian Federation). TSN is independently liable for its obligations with the property belonging to it. TSN members are exempt from liability for the partnership's debts (clause 3 of article 123.12 of the Civil Code of the Russian Federation).

The partnership is created without limitation of the term of activity. But you can create a TSN for a certain period, which must be necessarily spelled out in its charter.

TSN Charter

The TSN charter submitted for state registration must comply with the norms of the Civil and Housing Codes. According to clause 2 of Article 123.12 of the Civil Code of the Russian Federation, the TSN charter must contain the words " real estate association". Also, the document must contain the following information:

location;
the subject and purpose of the partnership;
composition and competence of TSN bodies;
the procedure for making decisions, including issues on which decisions are taken unanimously or by a majority vote.

TSN Charter adopted at the general meeting of owners of premises in the MKD by a majority of votes of the total number of voters (part 2 of article 135 of the RF LC). The decision of the OSS is considered adopted if the majority of the meeting participants voted for it in the presence of a quorum (clause 1 of article 181.2 of the Civil Code of the Russian Federation). The decision of the meeting can be made by absentee voting.

TSN is considered to be created after its state registration (Federal Law No. 129 of 08.08.2001 "On state registration of legal entities and individual entrepreneurs"). At state registration TSN are presented minutes of the general meeting of owners of premises in MKD with the decision on the creation of a partnership (part 5 of article 136 of the RF LC).

The provided OSS protocol must also contain the following information:

on the approval of the TSN charter;
on the persons who voted at the general meeting of owners of premises in the MKD for the creation of a partnership;
on the shares held by the voters in the right of common ownership of non-residential premises in the MKD.

Also attached partnership charter... TSN must have a seal with its name, bank account, other details.

Membership in TSN

Members and founders of TSN may be owners of residential and non-residential premises in the house. Also members of the partnership may be legal entities to which the above-mentioned common facilities belong to the right of ownership, economic management or operational management.

Membership in TSN arises from the owner on the basis of a written application for joining the partnership (parts 1 - 5 of article 143 of the LC RF). If a partnership has already been created in the MKD, then persons who have bought apartments or rooms in this house can also become TSN members on the basis of ownership of the premises.

Membership in TSN is terminated after filing an application for withdrawal from the partnership or from the moment of termination of ownership of the premises in the MKD.

The TSN must have partnership register... The register must contain information about all TSN members, the size of their shares in the right of common ownership of non-residential premises in the house. A TSN member must provide reliable information about himself and promptly notify the board of the partnership about their change.

Rights and obligations

To conduct the work of the partnership, to fulfill the decisions adopted by the general meeting, the chairman is elected in the TSN and a board is created (clause 2 of article 123.14 of the Civil Code).

The duties of the TSN board include (Article 148 of the LC RF):

control over the timely payment of obligatory payments and contributions by TSN members;
drawing up estimates of income and expenses for the year, reports on financial activities, submitting them to the OSS for approval;
MKD management, the conclusion of contracts for the management of MKD;
hiring workers for servicing MKD, their dismissal;
conclusion of contracts for maintenance, operation and repair of common property in MKD;
maintaining the register of members of the partnership, office work, accounting and financial statements;
calling and holding a general meeting of the members of the partnership.

Management and control bodies can be created in TSN. The supreme governing body in TSN is the general meeting of its members (clause 1 of article 65.3, article 123.14 of the Civil Code of the Russian Federation). According to clause 2 of article 65.3 of the Civil Code of the Russian Federation, the competence of this body includes:

determination of the direction of TSN activity, principles of formation and use of common property;
approval and amendment of the charter of the partnership;
determination of the procedure for admission and exclusion of TSN members;
formation of TSN bodies and early resignation of their powers;
approval of annual, accounting and financial reports TSN;
making decisions about creation of TSN, his participation in other legal entities, the creation of branches and the opening of representative offices;
decision-making on the reorganization and liquidation of TSN, appointment of a liquidation commission, approval of the liquidation balance sheet;
election of the audit committee, appointment audit organization or an individual auditor;
making decisions on establishing the amount of compulsory payments and contributions of TSN members (clause 1 of article 123.14 of the Civil Code of the Russian Federation);
making decisions on alienation, leasing, repairing, pledging or transferring other rights to TSN property to third parties; receiving borrowed money, bank loans; defining the purposes of using income from economic activity TSN (Article 145 of the LC RF).

That's all we wanted to tell you about real estate partnership in today's article.