A large concentration of similar real estate allows owners to create a structure that will effectively defend their interests. In the case of apartment buildings, it eliminates all the main disadvantages associated with the activities of management companies.

Real estate owners' associations are regulated by Art. 123.12 - 123.14 of the Civil Code, and their individual types are defined in the Housing Code (Article 135) and the law “On gardening, vegetable gardening and dacha non-profit associations of citizens.”

The concept and features of a real estate owners' partnership

The general concept of such an organization is given in Art. 123.12 Civil Code.

This is an association of owners of similar real estate objects, voluntarily created by them for joint operation (ownership and use), as well as for the disposal, within the framework established by law, of property legally in their ownership or use and for other purposes provided for by law.

This norm provides a comprehensive description of this legal entity and allows us to establish its main characteristics.

Signs of a real estate owners' association

A real estate owners' association has the following features.

• Created on a voluntary basis. No one has the right to force anyone to become a member.
• Only owners of real estate can be participants. At the same time, there must be a sign of their commonality. They must be located in the same apartment building, or in neighboring buildings with common communications, and the land plots must be part of a single dacha area. Otherwise, management of common property will be impossible.
• The partnership has a purpose of creation. It pursues joint ownership and use of common property. It includes halls, corridors and other premises in an apartment building intended for use by all owners. In the case of dacha areas, we are talking about communications serving the owners of the site (water supply and other local engineering networks). This is a non-profit association.

Activities and rights of the real estate owners' association

This issue has not received detailed regulation in the Civil Code. However, the activities of homeowners' associations are distinguished by detailed elaboration in Art. 137 LCD.

These norms provide the HOA with the following rights:

• Conclude agreements on the management of one or more apartment buildings.
• Determine the financial parameters of the coming year, including the costs of all types of maintenance and repairs of both the houses themselves and auxiliary equipment. At the same time, the income part is formed from membership fees.
• Determine the amount of contributions that members must pay in proportion to their shares in the common property right. This is done based on the planned annual financial parameters.
• Provide services and perform work at the request of premises owners.
• Conclude loan agreements.
• Pay for the work of the partnership's counterparties.
• Exercise ownership rights to your property. The HOA has the right to sell, transfer for temporary use, or exchange things belonging to it.
• Provide part of the common property in an apartment building for the use of third parties, if this does not conflict with the interests of the members.
• Make changes to part of the common property (superstructure, reconstruction) in cases where this does not violate the rights and interests of the owners.
• Obtain rights (ownership, use) to land plots adjacent to the house or houses for the purpose of constructing commercial buildings, residential facilities or other buildings.
• Organize the development of the adjacent site, acting on behalf and at the expense of members, respecting the interests of the latter.
• Make any transactions that meet the goals of creating the organization.

Conditions for creating a real estate owners' association

The Civil Code does not contain a list of conditions that allow the creation of a partnership of real estate owners. Therefore, it is worth focusing on the requirements of special legislation.

The creation of an HOA is provided for in Art. 135 LCD. According to its provisions, an organization can be created at facilities united by common communications. At the same time, there must be at least 2 owners. If that person owns the entire complex, they cannot form an HOA.

To establish this organization, it is necessary to hold a general meeting of owners. At the same time, the number of those voting “for” must be more than half of the total number of votes assigned to the owners.

The voting results are reflected in the protocol, which must contain information about all issues being considered and clearly indicate the creation of the HOA and the approval of its charter. These documents must be prepared properly.

The period for which the partnership is created is unlimited. However, the charter may provide otherwise.

Requirements for the charter

Art. 123.12 establishes the basic requirements that the charter of a real estate owners' association must meet. These include the following provisions:

• Location, which is a populated area.
• Name. It must necessarily include the phrase “property owners’ association.”
• Data about the goals and subject of activity. We are talking about joint exploitation of common property.
• The procedure for formation, structure, powers and methods of their implementation, as well as the procedure for making decisions by the bodies managing the partnership.

This list is open and is supplemented by special laws. In particular, Art. 137 of the Housing Code requires the existence of a procedure for admission to and withdrawal from the HOA, as well as an indication of the procedure for the formation and competence of the audit body.

Registration procedure

HOA members must select an executive body that will prepare documents for the tax authority.

State registration involves filling out a special application and signing it in front of a notary.

The documents are submitted to a specialized tax office and must include the charter, minutes of the general meeting and a receipt for payment of state duty. Registration may result in the issuance of documents or refusal. In the latter case, the refusal can be appealed

The organization has the right to enter into relations with counterparties, and its head to sign documents only after its registration is completed.

Question answer

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Lydia 07/02/2019 22:38

Good afternoon

If the owners or their representatives who have more than 50% of the total number of votes took part in the meeting, then a quorum has taken place and the meeting is considered valid and valid (Part 3 of Article 45 of the Housing Code of the Russian Federation).

The number of votes is determined not by the number of people present at the meeting, but by the size of their share in the ownership of common property (Part 3 of Article 48 of the RF Housing Code). Accordingly, for a quorum it is necessary that the owners who jointly own more than 50% of the share in the common property be present at the meeting.

If difficulties arise in resolving your situation, we recommend that you contact our office for a consultation with our specialists.

Fedorova Lyubov Petrovna 03.07.2019 14:05

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Is it legal for TSN to require non-members of TSN to pay membership fees?

Good afternoon On the territory of the village in which the land was purchased, a TSN was created, we did not join it and immediately warned that we were not going to do this, because The plot is for sale. There are no communications connected to our site, we did not come to the territory of the village, we did not use any of its infrastructure, there is not even a pass or key fob for the barrier at the entrance. Is it legal for TSN to require us to pay monthly membership fees? The site is currently sold, but TSN is demanding that the “debt” on membership fees be paid off.

Alexey 04/02/2019 14:43

From HOA to TSN

We have a HOA charter. Is it possible to use it by changing only the name of the HOA to TSN?

Victor Zakharovich 06.11.2018 11:43

Hello! Constituent documents, as well as the names of legal entities created before the entry into force of the Law of 05.05.2014 N 99-FZ, are subject to being brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by the said Federal Law) upon the first change in the constituent documents of such legal entities. Changing the name of a legal entity in connection with bringing it into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by the Federal Law) does not require changes to the title and other documents containing its previous name. The constituent documents of such legal entities, until they are brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law), are valid to the extent that they do not contradict these norms. We invite you to our office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - “MIP”.

Pchelintseva Marina Vladimirovna 06.11.2018 15:57

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This is true.

Sharabarova Irina Pavlovna 07.11.2018 12:18

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Is it possible to create a TSN by gardeners who left the SNT?

SNT consists of 280 members, but some of them (40 people) categorically disagree with the decisions of the current Board. The composition of the SNT is mainly (about 60%) very elderly people and young people (15-20%), who can still pay fairly high membership fees. We decided to leave SNT, but this 217-FZ will not give us the opportunity to create our own TSN, because Our sites are included in the territory of SNT. Is it possible to solve these problems through the court? After all, property and infrastructure will have to be divided.

Elena 09/11/2018 09:47

Hello! This issue is resolved by reorganizing SNT. To do this, your initiative group needs to raise the issue of dividing SNT through reorganization at a general meeting and make a positive decision. Prepare and approve the separation balance sheet. Prepare a new Charter and send the necessary documents to the tax office. Receive documents on registration of a new legal entity.

Malov Dmitry Vladimirovich 17.09.2018 21:55

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That's right, I completely agree with my colleague

Dubrovina Svetlana Borisovna 18.09.2018 10:19

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A real estate owners' partnership (RPH) is an organizational and legal form of non-profit organizations, and a homeowners' partnership (HOA) is one of the types of TCH, which unites the owners of premises in an apartment building (MKD) or in several MKD or residential buildings.

MKD control methods

There are three ways to manage MKD (Part 2 of Article 161 of the RF Housing Code):

1) direct management by owners;

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

3) management of the management organization.

In this case, the management method is chosen by the general meeting of premises owners and can change it at any time based on its decision (Part 3 of Article 161 of the Housing Code of the Russian Federation).

Homeowners Association

An 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 for the joint use of property of the owners. At the same time, the HOA is a non-profit organization and is recognized as a type of TSN (clause 4, clause 3, article 50 of the Civil Code of the Russian Federation; part 1 of article 135 of the Housing Code of the Russian Federation).

Property Owners Association

The concept of “real estate owners' partnership” appeared on September 1, 2014 as a new organizational and legal form of non-profit organizations (clause 4, clause 3, article 50 of the Civil Code of the Russian Federation; clause “b”, clause 3, article 1, part 1, 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 in an apartment building) or in several buildings, residential and country houses, gardening, gardening or summer cottage land plots, etc. The goals of such an association and the goals of creating an HOA 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 the HOA only owners of premises in apartment buildings are united.

With the advent of a new organizational and legal form of legal entities - TSN - on September 1, 2014, the legislator does not abolish the concept of “homeowners’ association.” The creation and activities of HOAs, the legal status of its participants are still regulated by the norms of housing legislation, which are special in relation to the general provisions of civil legislation on HOAs (clause 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 06.23.2015 N 25; Letter of the Ministry of Construction of Russia dated 10.04 .2015 N 10407-АЧ/04).

Consequences for HOAs 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 Housing Code of the Russian Federation):

• “property owners association” for TSN;
• “Homeowners’ association” for HOA.

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 this type in the name (clause 1 of Article 54 of the Civil Code of the Russian Federation).

Considering that the HOA is created as a type of TSN, an indication in the name of the HOA of the type 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 make changes to the information about the legal entity contained in the Unified State Register of Legal Entities, for submission to the registering authority it is necessary to indicate: “association of homeowners (name)” (Letter of the Ministry of Construction of Russia dated January 22, 2016 N 1367-EC/04).

At the same time, from May 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). In this case, the charters of HOAs created before the specified date must be brought into compliance with this requirement upon the first change in the charters of such HOAs (

Most people think that the work of the chairman of a homeowners' association (TSN) is not very difficult, and that in reality it is a rather lucrative position: sit back, do nothing, just be sure to put money in your pocket. Moreover, apartment owners do not even always know what exactly is included in housing and communal services payments, and who exactly serves them, because in principle they are not concerned about issues related to the management of an apartment building (and in vain).

In reality, the chairman is loaded with a large number of responsibilities that need to be performed efficiently and on time:

• Monitors the condition of residential apartment buildings;
• Visits various authorities;
• Prepares staffing schedule for TSN employees;
• Concludes contracts with contractors to perform various types of repair work, etc.

All this requires a serious investment of effort and time, and any work must be assessed fairly.

Chairman of the HOA: does he have the right to receive a salary?

Let's think: how often have we seen beautiful, well-kept houses in which the roofs do not leak, there are no cracks on the walls of the entrances, the area is clean, the surrounding area is tidy, and the elevators work like clockwork? The fact that such houses exist is the merit not only of apartment owners who promptly pay for the provided utilities, but also of employees of management organizations (HOA, TSN, housing cooperative, management company). And it is the chairman who manages the TSN employees. His activities are similar to the work of an ordinary manager, however, in the case of the position of chairman of the HOA there are specifics in terms of remuneration, duties and responsibilities.

The chairman of the HOA is an elected position. The period of his powers is regulated by the charter of the partnership (however, the term of chairmanship cannot be more than 2 years - such a limitation is established by the Housing Code of the Russian Federation).

Elections/re-election of TSN management belong to the powers of the highest management body - the meeting of owners, or the board (according to the charter).

Responsibilities of the chairman of TSN (HOA):

• Monitor the implementation of decisions approved by the board;
• Give instructions to TSN officials;
• Signing financial documentation;
• Conclusion of agreements not related to the powers of the general meeting (board);
• Develop a staffing schedule for HOA employees providing maintenance of premises;
• Act on behalf of the partnership without a power of attorney.

As for the material incentives for the work of the chairman: salaries in the Russian Federation are formalized in only one way - by concluding an employment contract. This is the only document that regulates the financial relations between the hired employee and the employer.

Payment or reward?

As noted above, salary registration in Russia can only be done in the only possible legal way - by drawing up an employment contract.

But with the position of chairman of the HOA, confusion arises: who is the employee and who is the employer.

On the one hand, the chairman of the HOA is a position. He himself gives orders to employees, but on the other hand, he acts in the interests of his own home and is himself considered an employee. Then who should enter into an employment contract with whom? After all, the legal entity is not founded, but there is a chairman, and he is the head. And this is the point: the housekeeping work is being done, time is wasted, but will the chairman of the HOA get a salary? What will it be like?

For a very long time there was confusion on this point, and it led to large distortions in the understanding of how, from what, and what amount should be paid to the management of the partnership. Managers who were not particularly “clean” set their own payment amount, which was not always justified. Others, on the contrary, withdrew their candidacies from these positions because they were worried that time would be wasted (and, therefore, they would not be able to work in another place) and there would be no material compensation.

In 2011, amendments were made to the Housing Code of the Russian Federation, after which it turned out that a member of the board of a homeowners’ association does not have the right to serve in the same HOA under an employment contract (Article 147 of the Housing Code of the Russian Federation).

In practice, it has been established that the chairman of the HOA receives a salary in the form of remuneration for a specific type of work done. Why did you decide to accept it this way: a salary is a strictly established amount of money, which is accrued every month in the same amount. The activities of the chairman cannot be assessed with the same index, because one month, major work may be carried out in the house (for example, repairing the entrance or roof), and in another, all that is required from him is a banal signature on a couple of documents. Those. The chairman’s salary depends on how much work and how difficult he performs for the partnership.

Can the chairman of the HOA work part-time?

No document prohibits combining the position of chairman and any other position. However, it is worth remembering that the position of a manager requires employment throughout the entire working day. According to this criterion, part-time work is unacceptable.

Can the chairman of an HOA work as an accountant?

On June 18, 2011, Law No. 123-FZ came into force, which indicates the illegality of the actions of managers (which includes the chairman of TSN) to combine their main activities with any other during the same period of working time.

The chairman can conduct accounting, but without payment. True, the meeting of the partnership may decide to increase the amount of earnings of the head, or arrange other payments if the head performs work outside the scope of his main duties.

Who and how sets the salary for the chairman of the HOA

The amount of remuneration for the chairman (and other members of the board) is established on the basis of a decision approved based on the results of the general meeting of members of the partnership (Article 145, Part 2, Clause 11 of the Housing Code of the Russian Federation).

Consequently, the question of who sets the salary for the chairman of the HOA can be given a clear answer: only the homeowners.

How is the salary of the HOA chairman determined?:

1. A meeting of homeowners is convened;
2. Acts of completed work are studied;
3. The topic of charging the manager a sum of money in rubles is raised.

The amount of remuneration is prescribed in the Charter. Here the law does not clearly state the upper and lower limits: the percentage must suit the head of the HOA and the members of the partnership. And not particularly influence the final amount of payment for the costs of maintaining and improving the house.

What does the salary of the HOA chairman consist of, how to arrange it correctly

How to apply for a reward:

1. Invite the residents of the house to a meeting (usually convened once a month). To do this, residents are given invitations that indicate the date and time of the general meeting. The presence of at least 50% of residents is required (without this, resolutions approved at the meeting will be considered illegal);
2. Members of the board familiarize residents with the certificates of work performed to improve the house and surrounding area, and also indicate the cost of this work;
3. It is necessary to calculate the percentage of the cost of the estimate, which will be equal to the amount of remuneration (the percentage cannot be less than 3). The results of calculations are put to a vote (open or secret);
4. When the participants in the process come to a consensus regarding the amount of material remuneration, a protocol is drawn up. In it, the chairman is given the go-ahead to withdraw the calculated amount of money. This document is the basis for the chairman of the HOA to receive remuneration.
5. After this, it is conditionally accepted that the manager’s remuneration has been paid. Next, the chairman is obliged to submit a protocol to the tax authority with an application for receipt of remuneration and withdraw funds from the account.

From this list it is very clear what the salary of the chairman of the HOA consists of in reality.

Salary of an accountant in a homeowners association

Although HOAs are a non-profit organization, they are not exempt from accounting. Therefore, the manager is obliged to either do this work himself or hire an accountant. The accountant in the HOA becomes responsible for the formation of accounting policies, accounting and tax reporting.

How much to pay an employee is decided by the members of the partnership at a meeting. The exact amount will depend on whether the accountant is working full-time or part-time (if the accountant works part-time), how much work needs to be done, etc.

On average, the salary of an accountant in a homeowners' association in Russia varies between 10-12 thousand rubles.

Remuneration of the chairman of the HOA - is it taxable?

Like any income, remuneration is subject to taxes.

It is generally obligatory to pay personal income tax (personal income tax), which is 13% of the amount of profit.

The chairman can pay personal income tax personally, or he can make a tax deduction with the help of a regional operator or credit organization.

As for insurance premiums, the head of TSN must pay them (Article 7 of Federal Law No. 212-FZ dated July 24, 2009; Article 20, paragraph 1 of Federal Law No. 125-FZ dated July 24, 1998; Letter of the Ministry of Labor of Russia dated March 30. 2015.No.17-4/OOG-408). But this can be done not systematically, not from each amount, but once a year, so that later there will be no problems with calculating the pension.

The article describes in detail how and from what the wage fund and other incentives for HOA employees are formed, and what norms and legal acts regulate this. Now you can clearly understand whether the head of TSN is honest with the members of the partnership and whether his work is really worth the money that is charged to pay for this activity.

In 2014, changes were made to the Civil Code. Along with horticultural, gardening and dacha cooperatives (SNT, DNT, ONT), a new legal form of ownership has emerged - a partnership of real estate owners (TSN). It will be discussed later in this article.

TSN Partnership: what is it?

The new form of ownership differs from the previous one, the same HOA. Firstly, owners can independently decide how to manage the premises. If the quality of the services received does not meet the requirements, then TSN may terminate the contract and invite other organizations to perform the work.

TSN indirectly forces residents to take care of common areas. If equipment breaks down, everyone will have to pay for it. Residents will know how much it costs to paint a painted wall or replace a broken window. This not only increases the market value of apartments, but can also reduce monthly payments in the future. Without exception, all residents of the house participate in the costs of repairs. This is what kind of partnership this is - TSN.

Legislative regulation

Let's take a closer look at what kind of TSN partnership this is from the point of view of the Civil Code of the Russian Federation. Changes concerning non-profit corporate organizations were introduced by Federal Law No. 99.

TSN is a partnership of owners of real estate (premises in houses or in several residential buildings, summer cottages), organized for collective ownership and use. The partnership must have a charter containing the name of the document, the location of the organization, its composition, the subject and purpose of its activities.

The Partnership is not liable for the obligations of its members. He owns only the property specified in the charter, on the basis of shared ownership. The highest competent body of the partnership determines the amount of mandatory membership fees. The management of the organization is carried out by the chairman and the board. Their functions may be terminated early in case of gross violation of duties.

Signs

• association of owners on a voluntary basis;
• creation of an organization for the ownership, use and disposal of property on a voluntary basis and within the framework of the law;
• achieving other goals.

HOA

For the purpose of managing the house, a partnership (community) of home owners is created. It is created to manage premises only in apartment buildings (MKD) for the purpose of owning, using, disposing of property, creating, maintaining, storing, and increasing property. The management of the partnership is carried out by the highest meeting of members, the director and the chairman.

HOA and TSN (real estate owners' partnership): pros and cons

HOA is a type of TSN. In the first case, we are talking only about the association of owners of apartment buildings, and in the second - about the association of owners of various forms of real estate (houses, buildings, gardening, vegetable plots, land plots). The two terms do not replace each other. Regulation of the activities of HOAs is carried out according to the norms of housing legislation, which are special in comparison with the general provisions of the Civil Code. That is, when resolving controversial issues, one should first of all rely on the norms of the Housing Code of the Russian Federation.

What kind of partnership is this “TSN”? In this case we are talking about an association of owners of any real estate, both commercial and non-commercial. It can be not only at home. But also offices and garages. That is, a non-profit organization fulfills the needs of owners who, due to circumstances, are together.

The HOA has outlived its usefulness. With the help of such a partnership, for example, you cannot manage an office building located in the city center. By organizing TSN, you can agree with government agencies on key issues. Moreover, the Civil Code of the Russian Federation spells out all the provisions relating to the creation, collection and dissolution of a partnership.

The HOA also does not justify itself because the property includes not only a residential building, but also a plot of land, a basement, and an attic. Members of the partnership were previously unable to manage these facilities. Many issues have been resolved through the courts regarding who owns the basement and who has the right to rent out the attic space. Now they will all be under the management of the partnership.

One more example. How to organize parking if the yard belongs to several houses? The effectiveness of the partnership will be justified if it owns several objects.

The law also spells out some nuances that should be taken into account when creating or reorganizing legal entities. If we are talking about an HOA, then when created, the name of the organization must clearly reflect not only its name, but also its form of ownership, and if it is a TSN, then the name does not need to indicate the form of ownership. In general, many people like the advantages of TSN (real estate owners' partnership).

Cost savings

By law, TSN (real estate owners' association) has the right to independently determine the order of work. Any member of the partnership can control expenses and income. That is, the partnership can rent out the premises. The Partnership can create conditions for the economical use of energy resources by installing units and energy-saving technologies. In some cities, partnership participants are provided with:

• subsidies to offset training costs for chairpersons;
• reimbursement of expenses for registration of TSN;
• subsidies to compensate for expenses aimed at repairing apartment buildings, facades, installing equipment, sites, etc.

Peculiarities

A legal entity can also become a member of TSN. What kind of partnership is this supposed to be? This could be an office space management organization. Individuals can join several partnerships at once. For example, by place of residence, work and location of the dacha. Experts believe that owners of garden plots will be most pleased with the innovations. This is the most vulnerable part of the population. Previously, roads and communications were practically rented. Now the population has the opportunity to independently decide how to dispose of joint property.

TSN registration

Owners of premises can create one partnership. The corresponding decision is made by the owners of the premises at a meeting. A decision is considered positive if more than 50% of the partnership participants vote for it. The protocol on registration of TSN must be signed by all participants of the partnership. The charter must also be approved at a meeting of participants. It describes all aspects of the activity: rights, responsibilities, start and termination of work, etc.

The TSN board must be approved before registering the partnership. It subsequently appoints a chairman. An audit group is also being created that will check the work of the board. When registering with a government agency, you must submit:

• registration application (No. 11001);
• notarized minutes of the meeting;
• two copies of the charter;
• receipt for payment of state duty.

After registration, you need to open a bank account. It will receive membership fees and utility bills. All that remains is to conclude agreements with service organizations. How should TSN (real estate owners' association) reports be submitted? Since the partnership is registered as a legal entity, it will also need to submit reports as a legal entity.

Registration nuances

The method of managing apartment buildings is chosen by the owners and can be changed at any time. TSN decisions apply to all premises in the apartment building. If the management of the property was carried out by a management organization, then the owners should first consider refusing the services of this company. The Charter is the only document of TSN.

The initiator of the meeting of apartment owners must inform all residents about the date of the meeting at least 10 days in advance by delivering notices against signature or sending them by registered mail.

Any decisions of the partnership are considered adopted if a quorum, that is, more than 50% of the owners, votes for them. If there is no quorum, then the initiator can call a second meeting and make a decision in absentia. Decisions made in this way must be communicated to all members of society. For this purpose, the initiator or his representatives visit all apartments and distribute written decisions to residents.

Reimbursement of expenses

After registration of TSN, part of the costs is subject to subsidization, namely costs for:

• payment of state duty;
• obtaining a copy of the charter;
• certification of signatures of the chairman, accountant of TSN;
• opening a bank account;
• printing production.

Conclusion

What kind of partnership is this - TSN? Experts believe that the new form of ownership will allow solving a number of important issues: how to organize life and control the work of service providers. The creation of TSN will improve the quality of housing and communal services and will encourage residents to treat their property more carefully. The HOA will not disappear. All interested partnerships can reorganize. To do this, you need to prepare a package of documents and submit it to government agencies. Re-registration will take a maximum of one and a half months.

From September 1, 2014 owners of premises in apartment buildings has the right to merge into TSN (Federal Law No. 99 of 05/05/2014). At its core, a partnership of real estate owners (TSN) is a transformed form of a homeowners association, which now cannot be registered in any way. In this article we will talk about what TSN is, what its functions, powers, rights and responsibilities are.

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, disposal of common property (clause 1 of Article 123.12 of the Civil Code of the Russian Federation).

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

The partnership carries out maintenance, operation and repair of the common property of the owners in the house. TSN can also lease out parts of the common property in an apartment building by decision of the general meeting of owners (Parts 1 - 2 of Article 152 of the Housing Code of the Russian Federation).

TSN can conduct business MKD management activities. But this type of activity should serve only the purposes for which TSN was created. The income received should not be appropriated and distributed among its members (Article 218, 123.13 of the Civil Code of the Russian Federation). TSN is independently responsible for its obligations with the property belonging to it. Members of TSN are exempt from liability for the debts of the partnership (clause 3 of Article 123.12 of the Civil Code of the Russian Federation).

The partnership is created without limiting the period of activity. But it is possible to create a TSN for a certain period, which must be specified 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 charter of TSN must contain in its name the words " property owners association". The document must also contain the following information:

• location;
• the subject and goals of the partnership’s activities;
• composition and competence of TSN bodies;
• the procedure for making decisions, including issues on which decisions are made unanimously or by majority vote.

TSN Charter adopted at the general meeting of owners of premises in the apartment building by a majority vote of the total number of voters (Part 2 of Article 135 of the Housing Code of the Russian Federation). The decision of the OSS is considered adopted if the majority of meeting participants vote 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 may be made by absentee voting.

TSN is considered created after its state registration (Federal Law No. 129 of 08.08.2001 “On state registration of legal entities and individual entrepreneurs”). During state registration, TSN are presented minutes of the general meeting of owners of premises in the apartment building with the decision made on the issue of creating a partnership (Part 5 of Article 136 of the RF Housing Code).

The provided OSS protocol must also contain the following information:

• on approval of the TSN charter;
• about the persons who voted at the general meeting of owners of premises in the apartment building for the creation of a partnership;
• on the shares owned by the voting persons in the right of common ownership of non-residential premises in the apartment building.

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

Membership in TSN

Members and founders of TSN can be the owners of residential and non-residential premises in the house. Also, members of the partnership can be legal entities to which the above-mentioned public 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 to join the partnership (Parts 1 - 5, Article 143 of the Housing Code of the Russian Federation). If a partnership has already been created in the apartment building, then persons who bought apartments or rooms in this house can also become members of TSN on the basis of ownership of the premises.

Membership in TSN is terminated after filing an application to leave the partnership or upon termination of ownership of the premises in the apartment building.

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

Rights and obligations

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

The responsibilities of the TSN board include (Article 148 of the RF Housing Code):

• control over the timely payment by TSN members of mandatory payments and contributions accepted by the OSS;
• drawing up estimates of income and expenses for the year, reports on financial activities, submitting them to the OSS for approval;
• MKD management, conclusion of management agreements for apartment buildings;
• hiring workers to service apartment buildings, their dismissal;
• concluding contracts for the maintenance, operation and repair of common property in apartment buildings;
• maintaining a register of partnership members, office work, accounting and financial reporting;
• convening and holding a general meeting of members of the partnership.

Management and control bodies can be created in TSN. The highest governing body in TSN is the general meeting of its members (Clause 1, 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:

• determining the direction of activity of TSN, the principles of formation and use of common property;
• approval and amendment of the charter of the partnership;
• determining the procedure for admitting and expelling TSN members;
• formation of TSN bodies and early resignation of their powers;
• approval of annual, accounting and financial reports of TSN;
• making decisions about creation of TSN, its participation in other legal entities, the creation of branches and the opening of representative offices;
• making decisions on the reorganization and liquidation of TSN, appointing a liquidation commission, approving the liquidation balance sheet;
• election of an audit commission, appointment of an audit organization or individual auditor;
• making decisions on establishing the amount of mandatory payments and contributions of TSN members (clause 1 of Article 123.14 of the Civil Code of the Russian Federation);
• making decisions on the alienation, lease, repair, pledge or transfer of other rights to TSN property to third parties; obtaining borrowed funds, bank loans; determination of the purposes for using income from the economic activities of TSN (Article 145 of the Housing Code of the Russian Federation).

That's all we wanted to tell you about property owners association in today's article.