The abbreviation ZhSK means a housing-construction cooperative, created by citizens on the basis of mutual consent for the construction of an apartment building, the improvement of the surrounding territory and the solution of pressing problems that arise for residents in the process of further operation of the erected real estate object (Article 110 of the RF LC). The ultimate goal of forming a cooperative is to provide members with housing.

The construction of real estate is carried out with funds contributed by the members of the organization, they also control the process at all stages up to the acceptance of the house by the commission. After full payment, citizens have the right to register an apartment as a property (Article 218 of the Civil Code of the Russian Federation).

Citizens who decide to create a cooperative should follow the sequence of actions in order to legally competently carry out the procedure and draw up the necessary documentation. The procedure for the creation and registration of a housing cooperative, the design of an organization, the development of a charter and the definition of an initiative group are given.

Attention! The decision to organize an association of homeowners is made at the general meeting with the obligatory fixation of the results of the meeting in .

1. Developed and approved by voting, members of the board are selected.
2. All meeting documents are submitted to the administration for registration of the housing cooperative as a legal entity, as well as to the tax and housing inspectorates.
3. A bank account is opened for the transfer of cash contributions by shareholders and payment of expenses for the construction of the property.
4. The established organization can begin the process of building a house.

The formation of a cooperative is documented by the founding agreement, which is concluded in order to confirm the decision to create a housing cooperative and transfer the existing property to it, the share of ownership of each shareholder and the amount liability, the order of functioning of the cooperative, the rules of entry and exit from it.

Legal form

This organization of homeowners belongs to consumer cooperatives and has the status of a legal entity (Article 110 of the Housing Code of the Russian Federation, Chapter 4 of the Civil Code of the Russian Federation).

The position of the housing cooperative in legal sphere determined by the LCD RF, as well as the Civil Code of the Russian Federation and the Charter of the cooperative, which are of primary importance in litigation of disputes arising between the participants, the board and third-party organizations, the emergence of which is possible in the course of the activities of a housing construction cooperative.

Mandatory information to include:

1. name of the organization and place of territorial location;
2. goals of creation and tasks to be performed;
3. rules for obtaining membership and withdrawal from the housing cooperative;
4. the size and frequency of making share contributions;
5. the procedure for electing the leadership of the cooperative and the functions performed by it;
6. holding meetings of participants, voting to make decisions and monitoring their implementation;
7. actions of participants in the event of reorganization and liquidation of housing cooperatives.

Rights and obligations

Member lists

The formation of a cooperative takes place at a general meeting and by decision of the owners of housing in an apartment building. Citizens who voted for the creation of a housing cooperative become its founders by getting a membership. This procedure is recorded in the minutes of the meeting (Article 112 of the LC RF).

Exclusion from participation in a cooperative, the possibility of re-entering it, the procedure for accepting new shareholders in the presence of vacant seats are defined in Chapter IV of Decree of the Government of the Russian Federation N 558 of June 6, 2012. The desire to obtain membership in the cooperative is formalized to the board of the housing cooperative, the procedure for its consideration and decision-making takes place in the manner specified in the Decree.

Citizens over 16 years of age are allowed to join the cooperative and legal entities total strength from five and maximum equal to the number of apartments in the house under construction.

Important! Members of the housing cooperative are fully responsible and fulfill their obligations in accordance with the signed agreements.

Losses arising in the process of building a house must be covered within three months by making additional contributions, otherwise the cooperative is liquidated by a court decision.

Control

The governing bodies of the cooperative are the meeting of its members, the board of the housing cooperative headed by, as well as the conference - if the number of participants in the meeting is more than fifty, if provided for by the Charter (Article 115 of the Housing Code of the Russian Federation).

Article 115 of the LC RF. Management bodies of a housing cooperative

The governing bodies of a housing cooperative are:

1. general meeting of members of a housing cooperative;
2. conference, if the number of participants in the general meeting of members of the housing cooperative is more than fifty and this is provided for by the charter of the housing cooperative;
3. board of the housing cooperative and chairman of the board of the housing cooperative.

The procedure for convening the governing bodies of the housing cooperative and the scope of their competence are determined by the founding document of the cooperative.

A responsibility

According to legislative amendments dated July 13, 2015 N 236-FZ, at the request of the participants, the housing cooperative is obliged to provide:

Attention! To monitor the financial and economic activities of the cooperative at the general meeting is selected.

At the head of this body is the chairman (auditor). The order of work and the rights of such a controlling body are determined on the basis of the Charter and the RF LC.

Membership in the housing cooperative has a number of advantages for citizens wishing to participate in the purchase of housing, starting from the construction stage. Before signing the documents, you should study the nuances of the creation and functioning of the housing cooperative, since even a legally competent conclusion of an agreement is not a guarantee of protection against fraudsters.

Useful video

Watch a video about what a CC is:

Article 110

1. A housing or housing-construction cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as to manage residential and non-residential premises in a cooperative house.

2. Members of a housing cooperative shall participate with their own funds in the acquisition, reconstruction and subsequent maintenance of an apartment building.

3. Members of a housing-construction cooperative shall participate with their own funds 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 needs of citizens in housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, legal status their members are determined by the said federal laws.

Article 111. The right to join housing cooperatives

1. Citizens who have reached the age of sixteen and (or) legal entities have the right to join housing cooperatives.

2. The categories of citizens specified in Article 49 of this Code have preemptive right to join housing cooperatives organized with the assistance of state power Russian Federation, state authorities of the constituent entities of the Russian Federation or bodies local government.

Article 112. Organization of a housing cooperative

1. The number of members of a housing cooperative may not be less than five, but must not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative.

2. The decision to organize a housing cooperative is taken by the meeting of founders.

3. Persons wishing to organize a housing cooperative have the right to participate in the meeting of 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 the persons wishing to join the housing cooperative (founders) voted for this decision.

5. Members of a housing cooperative from the moment of its state registration as a legal entity become persons who voted for the organization of a housing cooperative.

6. The decision of the meeting of founders of a housing cooperative is documented in a protocol.

Article 113

1. The charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and purpose of its activities, the procedure for becoming a member of the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the composition and procedure for making on admission and share contributions, on liability for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and the bodies of control over the activities of the cooperative, the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering the losses incurred by members of the cooperative, the procedure for reorganization and liquidation of the cooperative.

2. The charter of a housing cooperative may contain other provisions that do not contradict this Code or other federal laws.

Article 114. State registration of a housing cooperative

State registration of a housing cooperative is carried out in accordance with the legislation on state registration of legal entities.

Article 115

The governing bodies of a housing cooperative are:

1) general meeting of members of a housing cooperative;

2) a conference, if the number of participants in the general meeting of members of the housing cooperative is more than fifty and this is provided for by the charter of the housing cooperative;

3) the board of the housing cooperative and the chairman of the board of the housing cooperative.

Article 116. Management in a housing cooperative

1. The supreme management body of a housing cooperative is the general meeting of members of the cooperative (conference), which is convened in the manner prescribed by the charter of the cooperative.

2. The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative in accordance with this Code.

Article 117. General meeting of members of a housing cooperative

1. The general meeting of members of a housing cooperative is competent if more than fifty percent of the members of the cooperative are present at it. The decision of the general meeting of members of the housing cooperative is considered adopted provided that more than half of the members of the housing cooperative who were present at such a general meeting voted for it, and on issues specified in the charter of the housing cooperative, more than three-quarters of the members of the housing cooperative who were present at such a general meeting .

2. The decision of the general meeting of members of a housing cooperative, adopted in the prescribed manner, is binding on all members of a housing cooperative.

3. The general meeting of members of a housing cooperative elects the management bodies of the housing cooperative and the bodies of control over its activities.

4. The decision of the general meeting of members of a housing cooperative is documented in a protocol.

Article 118

1. The board of a housing cooperative is elected from among the members of the housing cooperative by the general meeting of members of the housing cooperative (conference) in the number and for the period determined by the charter of the cooperative.

2. The procedure for the activities of the board of a housing cooperative and the procedure for making decisions by it are established by the charter and internal documents cooperative (regulations, regulations or other document of the cooperative).

3. The board of a housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not referred by the charter of the cooperative to the competence of the general meeting of members of the cooperative.

4. The board of a housing cooperative is accountable to the general meeting of members of the cooperative (conference).

Article 119

1. The chairman of the board of a housing cooperative is elected by the board of a housing cooperative from among its members for a period determined by the charter of the housing cooperative.

2. Chairman of the board of a housing cooperative:

1) ensures the implementation of decisions of the board of the cooperative;

2) acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions;

3) exercise other powers not referred by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.

3. The chairman of the board of a housing cooperative, when exercising his rights and fulfilling his duties, must act in the interests of the cooperative in good faith and reasonably.

Article 120

1. To exercise control over the financial and economic activities of a housing cooperative, the general meeting of members of the cooperative (conference) elects an audit commission (auditor) of the housing cooperative for a period of not more than three years. The number of members of the audit commission of a housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, as well as hold other positions in the management bodies of a housing cooperative.

2. The audit commission of a housing cooperative elects the chairman of the audit commission from among its members.

3. The audit commission (auditor) of a housing cooperative:

1) in without fail conducts planned audits of financial and economic activity housing cooperative at least once a year;

2) submits to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;

3) reports to the general meeting of members of the cooperative (conference) on its activities.

4. The Audit Commission (Auditor) of a housing cooperative has the right to inspect the financial and economic activities of the cooperative at any time and have access to all documentation relating to the activities of the cooperative.

5. The procedure for the work of the audit commission (auditor) of a housing cooperative is determined by the charter of the cooperative and other documents of the cooperative.

Article 121

1. A citizen or a legal entity wishing to become a member of a housing cooperative shall submit to the board of the housing cooperative an application for admission to membership in a housing cooperative.

2. An application for admission to membership in a housing cooperative must be considered within a month by the board of the housing cooperative and approved by the decision of the general meeting of members of the housing cooperative (conference). A citizen or legal entity is recognized as a member of a housing cooperative from the moment the entrance fee is paid after the decision on admission to membership in a housing cooperative is approved by the general meeting of members of the cooperative (conference).

Article 122. Reorganization of a housing cooperative

A housing cooperative, by decision of the general meeting of its members (conference), may be transformed into a homeowners' association.

Article 123. Liquidation of a housing cooperative

A housing cooperative may be liquidated on the grounds and in the manner prescribed by civil law.

When creating housing cooperatives, it is necessary to take into account the rules contained in Art. 112 ZhK RF.

A feature of housing and housing-construction cooperatives is that, according to Art. 112 of the Housing Code of the Russian Federation "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 under construction or acquired by the cooperative."

If the number of founding members of the cooperative is less than five, then the decision to establish the cooperative is not considered accepted, the cooperative itself will be considered not created, and state registration will be denied. If, after the creation of a housing cooperative or housing cooperative, the number of members decreases, for example, to 4 or less, then such a cooperative is subject to either reorganization or liquidation.

The same situation is with the number of residential premises. A multi-apartment cooperative building must have at least five apartments. The number of members of housing construction and housing cooperatives must be equal to the number of residential premises. Accordingly, if the number of members of housing construction and housing cooperatives exceeds the number of residential premises, then the newly created cooperative will be denied state registration, and the already established cooperative will have to decide either on

division of residential premises, or the exclusion of individual members of the cooperative, or the reorganization of the cooperative.

Members of housing and housing cooperatives, according to Art. 111 of the Housing Code of the Russian Federation, there may be citizens who have reached the age of sixteen years, a legal entity in the case established by the legislation of the Russian Federation, a legal entity that owns premises in an apartment building, if a housing cooperative manages common property in this apartment building.

The preferential right to join a housing or housing-construction cooperative1 is held by low-income citizens who, on the grounds established by the RF LC (Article 49), are recognized as in need of residential premises provided under social rental agreements, as well as others determined by federal law, a decree of the President of the Russian Federation or the law of a constituent entity of the Russian Federation categories of citizens recognized by the Housing Code of the Russian Federation and (or) federal law, decree of the President of the Russian Federation or the law of a constituent entity of the Russian Federation on the grounds that they need residential premises. It should be noted that said right arises for such citizens in relation not to any housing and housing cooperatives, but only in relation to those of them that are organized with the assistance of federal or regional state authorities or local governments. There is also a certain list of citizens provided for by Decree of the Government of the Russian Federation of February 9, 2012 No. No. 108, according to which, such citizens include:

Citizens for whom work at federal state unitary enterprises that are scientific organizations in federal

public institutions, including scientific organizations, is the main place of work, military personnel undergoing military service under a contract, including those serving military service outside the territory of the Russian Federation, as well as citizens who are provided with social benefits for the purchase of residential premises if they are scientists scientific organizations specified in part 4 of article 16.5 federal law"On promoting the development of housing construction", scientific or engineering workers (with the exception of administrative and technical and service personnel), for whom work in state academies of sciences, organizations is the main place of work, scientific and pedagogical workers for whom work in federal state educational institutions higher vocational education is the main place of work.

Citizens who fill the positions of educators, healthcare workers, cultural workers, provided for by a unified qualification handbook positions of managers, specialists and employees, and for whom work in federal state educational institutions, federal state health care institutions or federal state cultural institutions, respectively, is the main place of work, citizens who are parents in a family with 1 child or more, in which the age of each spouse or one parent in an incomplete family does not exceed 35 years, citizens who are parents in a family with 3 or more children, citizens who fill positions in the federal state civil service and (or) are employees of federal government agencies etc.

Legal entities that have the right to join housing and housing cooperatives may be both commercial and non-commercial organizations. At the same time, it is advisable to take into account that the participation of certain types of legal entities in other commercial and non-profit organizations may be made subject to the observance of certain conditions by law.

For example, unitary enterprises based both on law economic management, and on the right operational management, have the right to be participants (members) of other organizations only with the consent of the owners of the property of the relevant unitary enterprises.

A citizen or legal entity wishing to become a member of an already established housing cooperative submits to the board of the relevant cooperative an application for admission to membership in a housing cooperative (part 1 of article 121 of the RF LC). The specified application must be considered within one month by the board of the housing cooperative and approved by the decision of the general meeting of members of the housing cooperative (conference). Citizens or legal entities who are not founders of this cooperative are recognized as members of a housing cooperative from the moment the entrance fee is paid after the decision on admission to membership in a housing cooperative is approved by the general meeting of members of the cooperative (conference).

Since housing cooperatives are created in order to meet the needs of citizens in residential premises, the number of non-residential premises in an apartment building under construction or acquired by a cooperative is not taken into account when determining the maximum number of members of a housing or housing construction cooperative.

The decision to organize a housing cooperative is taken by a meeting of founders. Persons wishing to organize a housing cooperative have the right to participate in the meeting of founders of a housing cooperative.

The decision to create a housing or housing-construction cooperative is made by its founders (persons wishing to create a cooperative) at a general meeting.

Founders - individuals may participate in the meeting in person or through their representatives authorized by duly executed powers of attorney. The interests of legal entities have the right to represent their executive bodies (director, CEO etc.), authorized to do so by law and constituent documents, or other persons endowed with appropriate powers by virtue of a power of attorney.

At a meeting of founders, a decision is made to create a housing or housing-construction cooperative and approve its charter. Let's determine the sequence of actions of the founders to create a cooperative:

a) preparation of draft charter and other decisions necessary for the creation of a cooperative;

b) reconciliation of disagreements and preparation of the final version of these documents;

c) preparation of a meeting of founders on issues related, in accordance with the LC RF, to the competence of such a meeting, as well as determining the date, time, place and form of its holding;

d) holding a meeting of founders and making decisions on the specified issues in compliance with the requirements of the Code on the procedure for making these decisions;

e) payment state duty and representation of constituent and other required documents to the body responsible for state registration legal entities.

The main document required for the state registration of a housing cooperative is its charter.

The charter of a cooperative is the only constituent document of both a housing and a housing-construction cooperative. At the same time, the legal significance of the charter also lies in the fact that the charter is a local normative

a document binding on all members of this cooperative and the cooperative itself as a legal entity. Since the legal capacity of a legal entity (Article 49 of the Civil Code of the Russian Federation) is exercised by its bodies (Article 53 of the Civil Code of the Russian Federation), insofar as the charter of a cooperative is binding on all its bodies - the general meeting (conference), the board, the chairman of the board, the audit commission (auditor). The charter is obligatory for all members of the corresponding cooperative, and not only for those who voted for the approval of the charter when creating a housing or housing cooperative. Legislation and law enforcement practice proceed from the obligation of the charter also for third parties.

On the basis of its charter, a housing or housing-construction cooperative, represented by the relevant governing body, acts as a participant in civil transactions, a subject of labor, tax and other legal relations. Charter subject to general requirements legislation individualizes the legal status of a particular consumer cooperative.

Article 113 of the HC RF1 establishes mandatory requirements for the content of the charter of the HC.

The charter is the main document containing the rules on the creation and activities of the JK.

The articles of association must include the following information:

About the name of the cooperative;

About its location;

About the subject and goals of the activity;

On the procedure for becoming members of the cooperative;

On the procedure for leaving the cooperative and issuing a share contribution, other payments;

On the amount of entrance and share contributions;

On the composition and procedure for making entrance and share contributions;

On liability for violation of obligations to make share contributions;

On the composition and competence of the management bodies of the cooperative and the bodies of control over the activities of the cooperative;

On the procedure for making decisions by the bodies of the cooperative, including on

issues on which decisions are taken unanimously or

On the procedure for covering by the members of the cooperative the losses incurred by the cooperative;

On the order of reorganization and liquidation of the cooperative.

The charter of the LCD may include other provisions that do not contradict the law.

It is necessary to pay attention to the fact that such additional rules should not contradict the imperative norms of the Civil Code of the Russian Federation, the Civil Code of the Russian Federation and other federal laws. This is important, in particular, because when submitting the necessary documents for state registration of a cooperative, the applicant, by signing an application for state registration, confirms that the submitted constituent document complies with established by law Russian Federation requirements for the constituent documents of a legal entity of this organizational and legal form (see also Article 114 of the LC RF). When preparing the charter of a housing cooperative, it should be borne in mind that the requirements of paragraph 2 of Art. 116 of the Civil Code of the Russian Federation.

Previously, the charters of housing-construction cooperatives were adopted in accordance with exemplary charter, which was approved by the Decree of the Council of Ministers of the RSFSR of 02.10.1965 N 1143. This legal act was declared invalid, however, it can serve as some guideline in the preparation of draft charters of modern cooperatives insofar as it does not contradict the current legislation.

Currently legal regulations establishing mandatory requirements for charters of housing and housing-construction cooperatives,

The location of a legal entity is determined by the place of its state registration. State registration of a legal entity is carried out at the location of its permanent executive body, and in the absence of a permanent executive body, another body or person entitled to act on behalf of a legal entity without a power of attorney (clause 2, article 54 of the Civil Code of the Russian Federation). In this case, the state registration of the cooperative must be carried out at the location of its board. When preparing the charter of a housing or housing construction cooperative, it is advisable to pay attention to the fact that such a cooperative has not general, but special (or statutory, target) legal capacity, which is typical for non-profit organizations (clause 1, article 49 of the Civil Code of the Russian Federation). Special legal capacity implies that a legal entity with such legal capacity may have civil rights, corresponding to the objectives of the activity provided for in its constituent documents, and to bear the obligations associated with this activity. In practice, this means that a housing cooperative has the right to carry out only those types of activities that are directly indicated in its charter and correspond to the subject and goals of the activity of this legal entity established in the charter. Therefore, Art. 113 of the Housing Code of the Russian Federation, among the information that must necessarily be indicated in the charter of any housing or housing-construction cooperative, includes, in particular, the subject and goals of the cooperative.

Once again, the goal of housing cooperatives is to meet the needs of citizens in housing and manage residential and non-residential premises in a cooperative house.

The object of activity of a housing cooperative is the acquisition, reconstruction and subsequent maintenance of an apartment building. The subject of activity of a housing-construction cooperative is the construction, reconstruction and subsequent maintenance of an apartment building.

In addition to the will of the founders of a housing or housing construction cooperative, it is necessary to establish it as a legal entity legal fact- state registration of a legal entity upon its creation.

State registration of a housing cooperative is carried out in accordance with the legislation on state registration of legal entities (Article 114 of the LC RF). General rules on state registration for all legal entities are established in Art. 51 of the Civil Code of the Russian Federation. The unified procedure for state registration of legal entities is currently defined by the Federal Law of 08.08.2001 N 129-FZ "On State Registration of Legal Entities and individual entrepreneurs". The specified Federal Law regulates, in particular, relations arising in connection with the state registration of legal entities during their creation, reorganization and liquidation, when making changes to their constituent documents and when maintaining a unified state register of legal entities. Under the reorganization of a legal entity in civil legislation refers to its transformation into a new organizational and legal form, its merger with another legal entity, accession to another legal entity, division into several legal entities, separation of a new legal entity from its composition.

Charter of a housing cooperative

• 1. The charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and purpose of its activities, the procedure for becoming a member of the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the composition and procedure for making on admission and share contributions, on liability for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and the bodies of control over the activities of the cooperative, the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering the losses incurred by members of the cooperative, the procedure for reorganization and liquidation of the cooperative.
• 2. The charter of a housing cooperative may contain other provisions that do not contradict this Code or other federal laws.

State registration of a housing cooperative

State registration of a housing cooperative is carried out in accordance with the legislation on state registration of legal entities.

Comment. to Art. 110-114

1. A separate section V of the Housing Code of the Russian Federation is devoted to housing and housing and construction relations. (In the JK RSFSR, Chapter 5 (Articles 111 - 126) was devoted to these relations.)

In Art. The software defines two types of consumer cooperatives: housing and housing construction, and also indicates their difference. Members of a housing cooperative participate with their own funds already at the stage of construction of an apartment building (part 3), members of a housing cooperative begin their participation after the construction of the house, at the stage of its acquisition (part 2). In the future (starting with Art. 111), generalized terminology is used in relation to housing and housing-construction cooperatives - they are called "housing cooperatives".

2. The main purpose of creating housing and housing-construction cooperatives (hereinafter referred to as ZhK and ZHSK) is to meet the needs of citizens in housing (part 1 of article 110). The purpose of these associations of citizens (and in cases established by the Housing Code of the Russian Federation and other federal laws - and legal entities) is also their joint management of an apartment building.

Providing citizens with cooperative housing has been and remains one of the main forms of meeting the housing needs of citizens (along with the provision of residential premises under a social tenancy agreement, the construction of individual housing and the acquisition of residential premises under a sale and purchase agreement and other transactions).

Statistics show that currently about half of residential buildings (residential premises) are being built at the expense of own funds citizens or with the help of a loan.

3. In part 5 of Art. 110 emphasizes that the action of Ch. 11 of the RF LC (Articles 110-122) does not apply to other specialized cooperatives. Consumer cooperatives are created in various organizational and legal forms, including dacha and garage construction cooperatives, consumer societies and their unions. To what has been said, it should be added that other cooperatives should not be subject not only to the action of Ch. eleven this section, but also in general. V ZhK RF, since each cooperative has its own characteristics. There is general legislation relating to non-profit organizations (Article 50 and others of the Civil Code of the Russian Federation), which applies to all consumer cooperatives. However, it must be borne in mind that, in accordance with paragraph 3 of Art. 1 of Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" (as amended on November 29, 2007)1 the said Law does not apply to consumer cooperatives whose activities are regulated by the Civil Code of the Russian Federation, laws on consumer cooperatives, other laws and legal acts . This also applies to housing and housing cooperatives.

An example of a specialized consumer cooperative is housing savings cooperatives, the procedure for the creation and operation of which, as well as the legal status of their members, are determined by Federal Law No. 215-FZ of December 30, 2004 "On Housing Savings Cooperatives" (as amended on July 23, 2008)2. A housing savings cooperative is a consumer cooperative established as a voluntary association of citizens on the basis of membership in order to meet the needs of members of the cooperative in residential premises by pooling their share contributions. The subject of activity of housing savings cooperatives is the attraction and use Money citizens for the purchase or construction of residential premises on the territory of the Russian Federation in order to transfer them for use and after making share contributions to full size to the property of members of such cooperatives (Article 2).

• 4. Initially, section V2KK RF (art. 110-134), including art. 110 and 111, membership in the JK and ZHSK was provided not only for citizens, but also for legal entities (as equal members of cooperatives). In this regard, the author of this Commentary repeatedly drew attention to the following:
  • - it is not clear for what purposes residential premises are provided to legal entities. It should be indicated here that they can use these premises only for the residence of citizens on the basis of an agreement and other purposes provided for in Art. 17 LCD RF;
  • - it is also not clear how the activities of ZhK and ZhSK will be carried out if they are formed only from legal entities. In our opinion, it would be expedient (for the purpose of concretization) to indicate articles (parts) that do not apply to legal entities. These include the rules relating to the resettlement of temporary residents, the division of living space, the entry into the cooperative of other citizens in the event of the death of the testator, eviction from residential premises (Articles 126, 127, 131), etc. In addition, it is necessary to indicate who (which authorities and persons) are authorized to represent the legal entity in these respects.

Now in Art. 110 and 111 Federal Law No. 349 dated November 30, 2011 "On Amendments to the Federal Law "On the Promotion of Housing Construction" and certain legislative acts Russian Federation"1, certain changes have been made regarding legal entities as members of housing cooperatives. See Articles 110 and 111 in a new edition and paragraph 6 of the commentary to Articles 110 - 114.

5. Issues related to the entry of citizens and legal entities into the ZhK and ZhSK, their organization and registration as legal entities, are reflected in Art. 111-114. Citizens at the age of 16 can join these cooperatives (previously, citizens who have reached the age of 18 were accepted - Article 113 of the RSFSR LC) and established (formed) legal entities. Their form (commercial or non-commercial) does not matter for participation in the ZhK or ZhSK. For more information about legal entities and their participation in housing relations, see comments. to part 2 of Art. four.

Formal confirmation of the creation of a legal entity, including a housing cooperative, is the fact of state registration of a legal entity. A legal entity is considered established from the date of making the relevant entry in the Unified State Register legal entities. It is carried out in accordance with Art. 51 of the Civil Code of the Russian Federation and Federal Law No. 129-FZ of August 8, 2001 "On State Registration of Legal Entities and Individual Entrepreneurs" (as amended on December 3, 2011)1. According to the Decree of the Government of the Russian Federation of May 17, 2002 No. 319 (as amended on September 16, 2003)2, the Ministry of the Russian Federation for Taxes and Dues (now the Federal Tax Service of the Russian Federation) is authorized federal body executive power, carrying out since July 1, 2002 the state registration of legal entities, including housing cooperatives.

All legal entities (including ZhK and ZhSK) have their own bodies (Article 53 of the Civil Code of the Russian Federation and Article 115 of the Civil Code of the Russian Federation) and constituent documents (Article 52 of the Civil Code of the Russian Federation and Article 113 of the Civil Code of the Russian Federation).

6. Federal Law of November 30, 2011 No. 349 in Art. 110 and 111 of the LC RF have been amended. Basically, they relate to membership in housing and housing cooperatives of legal entities (organizations). In fact, the changes introduced limit the participation of these individuals in newly created cooperatives. However, in previously established cooperatives, legal entities do not lose their membership. The named Federal Law comes into force on December 1, 2011 - from the day of its official publication in the Rossiyskaya Gazeta.

Article 5 of the said Law establishes the following:

• 1. This Federal Law shall enter into force on the day of its official publication.
• 2.Requirements Parts 1 - 3 of Article PO and Part 1 of Article 111 of the Housing Code of the Russian Federation (as amended by this Federal Law) apply to housing cooperatives and housing construction cooperatives established after the day this Federal Law enters into force.
• 3. Legal entities that are members of a housing cooperative or a housing-construction cooperative established before the day this Federal Law enters into force shall retain the right of membership in these cooperatives.

Regarding this Law in general, it should be noted that it was adopted, in particular, in order to provide housing for a number of categories of citizens, including teachers working in educational institutions. Land plots are transferred for gratuitous fixed-term use only to housing construction cooperatives. Previously, it was established that in order to provide housing for certain categories of citizens, housing savings and other specialized consumer cooperatives could also be created. Providing land plots specified and other housing construction cooperatives, created in accordance with federal laws, for the construction apartment buildings economic class, referred to the powers transferred by the Russian Federation to the constituent entities of the Russian Federation. In addition, in particular, the procedures for preparing applications for the provision of land plots of the Federal Fund for Assistance to the Development of Housing Construction for housing construction cooperatives created from among employees of education, healthcare and culture of the constituent entities of the Russian Federation or municipalities. It has been established that the relevant categories of citizens are determined by the state authorities of the constituent entities of the Russian Federation; the same bodies apply to the Fund with a request for a land plot. Lists of employees of municipal institutions of education, health care and culture who have the right to be accepted into a cooperative are prepared by local governments and approved by state authorities of the constituent entities of the Russian Federation.

Yes, Art. 3 of the Federal Law of October 25, 2001 No. 137-FZ "On the Enactment of the Land Code of the Russian Federation" ", paragraph 9.2 was supplemented with the following content:

9.2. A land plot in state or municipal ownership may be provided for free fixed-term use to a housing construction cooperative, which was established to provide living quarters for citizens from among employees of state and municipal educational institutions, state and municipal educational institutions of higher professional education, state and municipal health care institutions, state and municipal cultural institutions (hereinafter referred to as a cooperative), for the construction of apartment buildings, the technical and economic indicators and parameters of which correspond to the conditions for classifying residential premises as economy-class housing, established by the federal executive body that performs the functions of developing public policy and legal regulation in the field of construction, architecture, urban planning, and construction of engineering infrastructure facilities within the boundaries of these land plots.

For the purposes of this Federal Law, the Government of the Russian Federation determines the categories of citizens from among persons for whom work in federal state educational institutions, federal state educational institutions of higher professional education, federal state health care institutions, federal state cultural institutions is the main place of work and who can be accepted as members of a cooperative provided for by this Federal Law, and the grounds for including these citizens in the lists of citizens entitled to be accepted as members of the cooperative.

For the purposes of this Federal Law, the state authorities of the constituent entities of the Russian Federation determine the categories of citizens from among the persons for whom work in state educational institutions administered by the constituent entities of the Russian Federation, municipal educational institutions, state educational institutions of higher professional education, administered by the constituent entities of the Russian Federation , municipal educational institutions of higher professional education, state healthcare institutions under the jurisdiction of the constituent entities of the Russian Federation, municipal institutions healthcare, state cultural institutions under the jurisdiction of the constituent entities of the Russian Federation, municipal cultural institutions is the main place of work and which can be accepted as members of the cooperative provided for by this Federal Law, and the grounds for including these citizens in the lists of citizens eligible to be accepted as members of the cooperative .

When creating a cooperative and providing land plots that are in state or municipal ownership for free fixed-term use, the cooperative must comply with the conditions provided for in parts 2, 3, 5 - 7, 9 - 15, 18 and 19 of Article 16.5 of the Federal Law of July 24, 2008 No. 161-FZ "On the promotion of housing construction"".

According to this document, a housing cooperative is created by citizens with the aim of building and subsequent reconstruction of an apartment building, further solving the problems of residents related to maintenance and putting things in order in the building itself and in the surrounding area.

Main operating housing cooperative -, whose representative is the board of the cooperative headed by the chairman (Article 115 of the LC RF). Their election takes place by agreement at the general meeting.

Rights and powers

The powers of the cooperative are determined by it on the basis of the above-mentioned Decree of the Government of the Russian Federation. According to these documents, the housing cooperative has the right to:

Reports, certificates, constituent documents of housing cooperatives

The formation of a cooperative and its further functioning are legalized by constituent documents (Article 52 of the Civil Code of the Russian Federation):

1. - contains the name and location of the organization, the purpose and procedure for its creation, the sequence of choosing the management of the cooperative and its powers, the rules for joining and leaving membership, information on the amount of share contributions and their payment, the actions of participants in case.
2. Memorandum of association- lies between legal entities in order to confirm their intentions to create a housing cooperative and transfer to it the existing property, the share of ownership of each shareholder and the amount of liability, the procedure for the functioning of the cooperative, the rules for joining and exiting it.

In order to control the financial and economic activities of the housing cooperative, it is obliged to conduct and deadlines file the following types reports:

1. accounting- shows the movement of funds and the change in their amount on the accounts of the cooperative;
2. tax– average annual number of participants;
3. in Pension Fund - according to the amount of the transferred contributions of employees and other personnel involved in servicing the apartment building;
4. statistical- quarterly, semi-annual and annual in the form of Rosstat.

Issuing invoices to property owners utilities is made with the help of receipts, which indicate the list of payable indicators, the amount, the name of the payee, his address and details.

Participants of the cooperative, who have fully contributed their share, are required to provide a certificate from the housing cooperative, certified by the signature of its chairman and the seal of the cooperative. The certificate contains the full name of the shareholder and his family members, the address and characteristics of the dwelling, the amount paid and the end date of payments. Read more about contributions and a certificate of the paid unit.

The applications sent by the participants of the cooperative must indicate the full name of the owner of the premises in the apartment building, type of ownership, size and condition of the living space, date of writing. Applications are made by the participants of the housing cooperative for the purpose of:

1. joining a cooperative or;
2. carrying out repairs;
3. informing the management of the cooperative on any issue;
4. recalculation of the amount of payments made, etc.

• Download a sample application for joining the housing cooperative

  Also watch the video on the topic of the article:
  

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