After the housing and communal services reform, the new Housing Code of the Russian Federation came into force, according to which residents independently choose the way to manage their home. We will consider the option of uniting residents to form an initiative community. There are several types: HOA, ZhSK, ZhNK (ZhK) and PIK (PK).

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Afterwards, a new one came into force, according to which residents independently choose the way to manage their home. In this article we will consider the option of uniting residents to form an initiative community. There are several types: HOA, Housing cooperative, ZhNK (ZhK) And PEAK (PC).

HOA - homeowners association

A homeowners' association is a voluntary association of homeowners for the purpose of management, operation and improvement of amenities own home. The HOA is registered as a legal entity and is a non-profit organization. The governing bodies are the general meeting of HOA members and the board, which is elected HOA members for a period of no more than two years.

In other words, the homeowners association performs the functions of the housing department, but on its own. The HOA collects rent, handles housing needs, hires electricians, plumbers, etc. Members of the HOA have the right to hire a service company (DEZ or private management company), or rather, enter into an agreement with it as a legal entity.

For what? Thanks to this method of management, HOA members know exactly what they are paying for and how quality the services provided to the home are. This is regularly checked by a commission established by the HOA. In addition, members of the partnership have the right to establish a savings fund for the HOA, funds from which can be spent on home improvement.

Whether to join an HOA or not is an individual matter (). Even if you have moved into an apartment in a building with an active HOA, no one can force you to become a member. However, many decisions made by HOA members will be binding on you. Your electricity and water will not be turned off, but you will have to pay the same amount as everyone else to install, for example, video surveillance.

ZhSK - housing construction cooperative

The most important difference between a housing-construction cooperative and a HOA: if a HOA is organized from existing homeowners, then a housing-construction cooperative is made up of citizens who do not own housing, but acquire the right to it as construction proceeds and the share payment is paid.

What does this mean? Roughly speaking, members of the housing cooperative build their house with their own money. Members of the housing cooperative pool their funds (there must be at least five members in the housing cooperative and no more than the planned number of apartments, art.) and order the construction of an apartment building directly from construction company.

Each member of the housing cooperative becomes a full-fledged owner of the apartment after he has paid his share in full. The share is equal to the sum of the construction cost of his apartment. Until all residents of the house have paid off their shares, the housing cooperative is considered the owner of the house.

As for construction funds, there are two options:

• one-time and one-time payment for construction by all members of the housing cooperative, made in full;
• long-term bank mortgage loan concluded with the housing cooperative bank as a legal entity. Paid by all members of the housing cooperative.

After all share contributions have been paid, the housing cooperative ceases to be the owner of the house, and its functions become identical to the HOA (this is why the HOA and housing cooperative are so often confused). The only difference is all the income received from entrepreneurial activity(for example, renting out empty premises) can be distributed among members of the housing cooperative.

The most important advantage of housing cooperatives is that shareholders receive apartments not at commercial prices, but at cost. At the moment, the Moscow authorities have allocated more than 200 thousand square meters to cooperatives for development. meters.

ZhNK - housing and savings cooperative

The only difference between housing cooperatives and housing cooperatives is that they are created not for construction, but for the acquisition, reconstruction and further maintenance of a ready-made apartment building. Legal status, as well as all functions, are identical to ZhSK.

As for the purchase, the members of the housing cooperative create a “common pot”, from which each subsequent apartment of the “old” members is paid for from the incoming contributions of the “new”. Therefore, before receiving an apartment, you have to stand in line for some time, giving the cooperative the opportunity to pay for the previous apartments (this may take several years).

PIK - consumer mortgage cooperative

PIK or PC is a cooperative, also founded for the purpose of purchasing housing through the pooling of share contributions. The main difference is that PIK is considered free from the obligations specified in In particular, there are no restrictions on the purchase of an apartment: the cooperative can add up to 70% of the missing amount to the shareholder. This means that you can move in not in a few years, but in a few months. True, the legitimacy of this form of association is still in question.

After the housing and communal services reform, the new Housing Code of the Russian Federation came into force, according to which residents independently choose the way to manage their home. In this article we will consider the option of uniting residents to form an initiative community. There are several types: HOA, housing cooperative, housing cooperative (ZhK) and PC.

HOA - homeowners association
A homeowners' association is a voluntary association of homeowners for the purpose of managing, operating and improving the improvement of their own home. The HOA is registered as a legal entity and is a non-profit organization. The governing bodies are the general meeting of the HOA members and the board, which is elected by the HOA members for a period of no more than two years.

In other words, the homeowners association performs the functions of the housing department, but on its own. The HOA collects rent, handles housing needs, hires electricians, plumbers, etc. Members of the HOA have the right to hire a service company (DEZ or private management company), or rather, enter into an agreement with it as a legal entity.

For what? Thanks to this method of management, HOA members know exactly what they are paying for and how quality the services provided to the home are. This is regularly checked by a commission established by the HOA. In addition, members of the partnership have the right to establish a savings fund for the HOA, funds from which can be spent for improvement Houses.

Whether to join an HOA or not is an individual matter (Article 143 of the Housing Code of the Russian Federation). Even if you have moved into an apartment in a building with an active HOA, no one can force you to become a member. However, many decisions made by HOA members will be binding on you. Your electricity and water will not be turned off, but you will have to pay the same amount as everyone else to install, for example, video surveillance.

ZhSK - housing construction cooperative
The most important difference between a housing-construction cooperative and a HOA: if a HOA is organized from existing homeowners, then a housing-construction cooperative is made up of citizens who do not own housing, but acquire the right to it as construction proceeds and the share payment is paid.

What does this mean? Roughly speaking, members of the housing cooperative build their house with their own money. Members of the housing cooperative pool their funds (there must be at least five members in the housing cooperative and no more than the planned number of apartments, Article 112 of the Housing Code of the Russian Federation) and order the construction of an apartment building directly from the construction company.

Each member of the housing cooperative becomes a full-fledged owner of the apartment after he has paid his share in full. The share is equal to the sum of the construction cost of his apartment. Until all residents of the house have paid off their shares, the housing cooperative is considered the owner of the house.

Regarding funds for construction, then there are two options:

one-time and one-time payment for construction by all members of the housing cooperative, made in full;
long-term bank mortgage loan concluded with the housing cooperative bank as a legal entity. Paid by all members of the housing cooperative.
After all share contributions have been paid, the housing cooperative ceases to be the owner of the house, and its functions become identical to the HOA (this is why the HOA and housing cooperative are so often confused). The only difference is all the income received from entrepreneurial activities (for example, renting out empty premises) can be distributed among members of the housing cooperative.

The most important advantage of housing cooperatives is that shareholders receive apartments not at commercial prices, but at cost. At the moment, the Moscow authorities have allocated more than 200 thousand square meters to cooperatives for development. meters.

ZhNK - housing and savings cooperative
The only difference between housing cooperatives and housing cooperatives is that they are created not for construction, but for the acquisition, reconstruction and further maintenance of a ready-made apartment building. The legal status, as well as all functions, are identical to housing cooperatives.

As for the purchase, the members of the housing cooperative create a “common pot”, from which each subsequent apartment of the “old” members is paid for from the incoming contributions of the “new” ones. Therefore, before receiving an apartment, you have to stand in line for some time, giving the cooperative the opportunity to pay for the previous apartments (this may take several years).

PIK - consumer mortgage cooperative
PIK or PC is a cooperative, also founded for the purpose of purchasing housing through the pooling of share contributions. The main difference is that PIK is considered free from obligations, specified in the Federal Law of the Russian Federation “On Housing Savings Cooperatives”. In particular, there are no restrictions on the purchase of an apartment: the cooperative can add up to 70% of the missing amount to the shareholder. This means that you can move in not in a few years, but in a few months. True, the legitimacy of this form of association is still in question.

In order to correctly determine the method of ownership and management common property: HOA, TSN or housing cooperative, it is necessary to study the norms of modern legislation. It is this that provides answers to many controversial questions. It is necessary to clearly understand the differences between these organizational legal forms, their parity, name best sides and similarities.

What is a real estate owners' association: rights and obligations, legislation

TSN is called a real estate owners' partnership. Persons established by the charter can join it. It involves the association of persons who have the entire triad of powers for joint ownership, use and management of their real estate. This organization is abbreviated as TSN.

This cooperative has both its rights and obligations. Since this is a non-profit association, they do not have the rights to engage in profit-making activities. They can only hold general meetings, decide the agenda, and issue internal local legal acts.

This organization is obliged to respect the rights and legitimate interests of the participants of the partnership, carry out management activities, make decisions on concluding agreements with third-party organizations, etc.

This organization has the right to manage property on the basis of internal local legal acts.

The main legislative regulation is carried out by such normative legal acts as:

1. Constitution of the Russian Federation.
2. Housing Code of the Russian Federation.
3. Civil Code of the Russian Federation, etc.

Certain provisions may be enshrined in presidential decrees and government regulations. It is possible to rename TSN to HOA. However, the work of this organization will not change.

What is a HOA

HOA as an acronym stands for homeowners' partnership. It's like this non-profit organization, which is created to manage residential premises in apartment building.

This is one of the forms of common property management on a par with, for example, management company. This is a legal entity, the procedure for creating which is regulated by civil law. In order to create an HOA, you need to hold a general meeting of residents, which must be enshrined in in writing. Otherwise, the registration authority will not approve the creation of this legal entity. faces.

The difference between a management company and an HOA is that the first is a professional commercial company, and the second is a non-profit association. She does not have the right to engage in business. She can rent out property and otherwise receive small profits and spend it only on the needs of this non-profit association.

The main differences between an HOA and a management company:

What is housing cooperative

Housing cooperative is understood as a housing construction cooperative. This is the official decoding of this term. The legislation has established that this is not commercial company, engaged in collaborative management of consumer resources. A cooperative is created with the aim of pooling the financial resources of citizens for the construction of houses, dachas, etc. All citizens participate in this association by making a share contribution. Ownership of the building will arise only in a situation where the share is fully paid for.

Subsequently, this office can be transformed into a TSN or into a HOA. This occurs at the request of the owners by holding a general meeting and registering a new legal entity to replace the existing one.

Consumer cooperative in comparison with TSN and HOA

One of the forms of association of citizens is a consumer cooperative. The purpose of creating this legal entity. persons - satisfaction of the material or everyday needs of citizens on the basis of the contributions they make.

This organization is non-profit, which means that the founders do not have profit-making goals. By and large, TSN and HOA are types of consumer cooperative.

Depending on how responsibility is distributed and what property citizens own and use, a consumer cooperative can be created in various forms. So, an example would be apartment buildings. They mainly create HOAs, which can be deciphered as a partnership of owners of residential premises.

In the case where the purpose of creating a legal entity is to own and manage land, garages, dachas, etc., it is recommended to create a TSN - a partnership of real estate owners.

How does HOA differ from TSN and from housing cooperative: which is better, pros and cons, comparison table

It was previously stated what HOA and TSN are. We can make an unambiguous conclusion that these are two varieties of the same form of non-profit associations - consumer cooperatives. A housing construction cooperative differs significantly from them.

This is legal. a person whose purpose of creation is not the ownership and management of common property, but the creation of such property, in in this case– residential apartment buildings.

For a more specific understanding of this issue, we can cite comparison table and identify the pros and cons of each of these formations:

Characteristic	Homeowners Association	Property Owners Association	Housing construction cooperative
Form of education	Legal entity	Legal entity	Legal face
Purpose of creation	Non-commercial interests	Non-commercial interests	Commercial interests
Areas of activity	Ownership and management of residential premises	Ownership and management of lands and real estate	Creation of new objects of legal relations - apartment buildings
Investments of persons		May or may not be	Funds are contributed to contribute to construction

Thus, despite the differences between these organizations provided for by law in Russia, they are in many ways similar.

Disclosure of information to HOAs and housing cooperatives

It should be noted that in 2018, the legislator paid much attention to checking the activities of organizations managing apartment buildings. This is important to ensure that the rights and legitimate interests of citizens are respected.

According to the new legislation, issues in the housing and communal services sector must be taken into account in the reporting documentation of authorized organizations. Accounting includes not only summing up financial reports, but also identifying the work carried out in the house and the contracts concluded.

Citizens who are members of one of the management organizations have every right to receive all reliable information about the activities of the HOA or housing cooperative. This is realized through access to documentation, the right to request certificates and reports on activities for a week, month, year.

In a situation where the rights of a citizen who is part of an HOA or housing cooperative are violated, he has the right to leave this legal entity, get his share back (if any was paid) and demand full compensation for losses in court or through a claim procedure. Subject to availability large quantity complaints about this legal entity. person, it can be forcibly liquidated.

Homeowners' Association and Taxation

Taxation is being transferred to a simplified form, in which a legal entity is exempt from paying certain mandatory contributions. Since a homeowners' association is a non-profit partnership, they do not pay most of the taxes that business associations must pay (for example, corporate income tax).

This does not mean that TSN pays virtually no taxes. Civil legislation allows this organization to carry out other useful activities in addition to owning and managing common property, for example:

1. Collection and acceptance of share and entrance fees from members of the organization.
2. Raising money for ongoing repair work or capital construction (reconstruction) of a building.
3. Other fees, including when using common property of residents for profit.

All these financial receipts must be properly declared. This is done by an accountant. Based on such declarations, the amount of tax contributions of the property owners' association will be calculated.

What happens if you register a HOA and a TSN at the same time?

The fundamental acts regulating the creation and activities of HOAs and TSNs are the Civil Code of the Russian Federation and the Housing Code of the Russian Federation. It should be noted that both laws consider HOAs as one of the varieties of TSN.

In the event that the registration authority carries out the procedure for registering an HOA in place of an existing HOA, then one of these organizations, if this omission is identified, will be removed.

Often, even before registration, Rosreestr officials identify facts of double registration and stop it.

Thus, it was determined how the types of consumer cooperatives differ from each other, how to register them, etc. You can learn the advantages and at the same time disadvantages of each of these forms by studying in detail the norms of modern legislation.

A housing construction cooperative is organized for the construction of multi-apartment residential buildings and their subsequent operation. Members of a cooperative can be citizens and legal entities who pool their property contributions (usually cash) for the construction of an apartment building. Funds are paid up to a certain point, called payment of the cooperative member's share in full, which is equal to the amount of the construction or, accordingly, the purchase price of the premises received by the cooperative member.

Until members of cooperatives pay the first installments, housing construction cooperatives are the owners of residential premises and other objects of an apartment building. After payment of share contributions by all members, the cooperative ceases to be the owner of the common property of the apartment building. From this moment on, the cooperative becomes an association of homeowners, legal status which is similar to HOA. However. Unlike the HOA. In a housing cooperative, income received from business activities carried out in accordance with the law and charter is distributed among its members.

What other housing cooperatives are there?

In addition to housing cooperatives, there are also Housing cooperatives, Housing savings cooperatives and other specialized cooperatives. The management method can be a housing cooperative, residential complex or other specialized cooperative, the purpose of which is to manage an apartment building.

Housing cooperatives are created for the acquisition, at the expense of members of the cooperative, of finished housing, reconstruction and subsequent maintenance (management) of an apartment building, while housing cooperatives are created for the construction of new housing. The legal status of a housing cooperative and its members is similar to that of a housing cooperative.

A housing savings cooperative does not pursue the goal of managing an apartment building. It is created to meet the needs of cooperative members for residential premises. Having received ownership of residential premises in an apartment building after full payment of the share contribution, a member of the housing savings cooperative acquires at the same time the obligation to maintain the common property of the apartment building and participate in determining the method of managing the apartment building.

What is a management organization?

A management organization is a legal entity of any organizational and legal form or an individual entrepreneur that manages apartment buildings on the basis of a management agreement.

Management of apartment buildings as a function of premises owners includes: setting goals, planning measures to achieve them, taking actions to implement the planned measures, coordinating and stimulating the activities of direct performers, including those involved, as well as monitoring the achievement of planned results.

Owners of premises have the opportunity to choose a management organization and control its activities on the basis of a management agreement, which stipulates responsibility for the proper fulfillment of the obligations of the management organization. It should be noted that an apartment building can only be served by one management organization.

The management organization acquires utility resources ( cold water, hot water, electric energy, gas, domestic gas in cylinders, thermal energy, solid fuel), provides utilities, is responsible for maintenance of internal engineering systems, through which utility services are provided to the consumer.

Article 110. Housing and housing construction cooperatives

1. A housing or housing construction cooperative is recognized as a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens for housing, as well as manage residential and non-residential premises in a cooperative building.
2. Members of a housing cooperative with their own funds participate in the acquisition, reconstruction and subsequent maintenance of an apartment building.
3. Members of a housing construction cooperative with their own funds participate in the construction, reconstruction and subsequent maintenance of an apartment building.
4. Housing and housing-construction cooperatives (hereinafter also referred to as housing cooperatives) are consumer cooperatives.
5. The provisions of this chapter do not apply to other specialized consumer cooperatives created to meet the housing needs of citizens in accordance with federal laws on such cooperatives. The procedure for the creation and activities of such cooperatives, the legal status of their members are determined by the specified federal laws.
Article 112. Organization of a housing cooperative

1. The number of members of a housing cooperative cannot be less than five, but should not exceed the number of residential premises in an apartment building being built or acquired by the cooperative.
2. The decision to organize a housing cooperative is made by the meeting of founders.
3. Persons wishing to organize a housing cooperative have the right to participate in the meeting of the founders of a housing cooperative.
4. The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter is considered adopted provided that persons wishing to join the housing cooperative (founders) voted for this decision.
5. Members of the housing cooperative from the moment of its state registration persons who voted for the organization of a housing cooperative become legal entities.
6. The decision of the meeting of the founders of the housing cooperative is documented in minutes.

Article 135. Homeowners’ Association

1. A homeowners' association is a non-profit organization, an association of owners of premises in an apartment building for joint management of a complex of real estate in an apartment building, ensuring the operation of this complex, ownership, use and, within the limits established by law, disposal of common property in an apartment building.
2. The charter of the homeowners’ association is adopted at a general meeting, which is held in the manner established by Articles 45 - 48 of this Code, by a majority vote of the total number of votes of the owners of premises in an apartment building.
3. The number of members of the homeowners’ association who created the partnership must exceed fifty percent of the votes of the total number of votes of the owners of premises in an apartment building.
4. A homeowners’ association is created without limiting the period of activity, unless otherwise provided by the charter of the association.
5. The homeowners association is legal entity from the moment of its state registration. The homeowners association has a seal with its name, a current and other bank account, and other details.
6. The homeowners association is liable for its obligations with all the property belonging to it. The homeowners association is not liable for the obligations of the association members. Members of a homeowners association are not liable for the obligations of the association.