The order of the organization of housing and housing construction cooperatives. Organization and operation of housing and housing construction cooperatives. The order of creation and organization of activities

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

A feature of housing and housing construction cooperatives is that, according to Art. 112 of the RF LC “the number of members of a housing cooperative cannot be less than five, but must 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 create the cooperative is not considered adopted, the cooperative itself will be considered not created and state registration will be refused. If, after the creation of a ZhSK or ZhK, 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 should be equal to the number of dwellings. Accordingly, if the number of members of housing and housing cooperatives exceeds the number of residential premises, then the newly created cooperative will be denied state registration, and the already created cooperative will have to make a decision either on

the division of living quarters, or on the exclusion of individual members of the cooperative, or the reorganization of the cooperative.

Members of housing and housing construction cooperatives, according to Art. 111 ZhK RF, can be a citizen who has reached the age of sixteen years, a legal entity in the case established by law Russian Federation, a legal entity that is the owner of the premises in an apartment building, if the housing cooperative manages common property in this apartment building.

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

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

government institutions, including scientific organizations, is the main place of work, servicemen doing military service under a contract, including those doing military service outside the territory of the Russian Federation, as well as citizens who are provided with social payments for the purchase of residential premises if they are academics scientific organizations specified in part 4 of article 16.5 of the Federal Law "On Assistance to the Development of Housing Construction", scientific or engineering and technical 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 teaching staff for whom work in federal state educational institutions higher vocational education is the main place of work.

Citizens who fill the positions of education workers, health workers, cultural workers, provided for by a single qualification handbook positions of managers, specialists and employees, and for whom work in federal state educational institutions, federal state healthcare 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 of the spouses 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 holding positions of the federal state civil service and (or) employees of federal government agencies etc.

Legal entities that are entitled to join housing and housing cooperatives can be both commercial and non-commercial organizations. In this case, it is advisable to take into account that the participation of some species legal entities in other commercial and non-commercial organizations, the law may be made subject to compliance with certain conditions.

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

A citizen or a legal entity wishing to become a member of an already created housing cooperative, submit to the board of the corresponding cooperative an application for membership in a housing cooperative (part 1 of article 121 of the RF LC). This 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 that are not the founders of this cooperative are recognized as members of the housing cooperative from the moment the entrance fee is paid after the approval of the decision on admission to membership in the housing cooperative by the general meeting of cooperative members (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 made by the meeting of the 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 general meeting.

Founders - individuals may participate in the meeting in person or through their representatives authorized by duly executed powers of attorney. The executive bodies (director, general manager and others), authorized to do so by law and constituent documents, or other persons endowed with the appropriate powers by virtue of a power of attorney.

At the meeting of the founders, a decision is made on the creation of a housing or housing construction cooperative and the approval of its charter. Let's define the sequence of actions of the founders to create a cooperative:

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

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

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

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

e) payment of state fees and presentation of constituent and other required documents to the body implementing state registration legal entities.

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

The cooperative's charter is the only one constituent document both housing and housing construction cooperatives. Wherein legal significance of the charter is also that the charter is a local regulatory

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 implemented by its bodies (Article 53 of the Civil Code of the Russian Federation), insofar as the charter of the cooperative is mandatory for 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 respective cooperative, and not only for those who voted for the approval of the charter when creating a housing or housing construction 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-building cooperative represented by the relevant governing body acts as a participant in civil turnover, a subject of labor, tax and other legal relations. The charter, taking into account the general requirements of the legislation, individualizes the legal status of a particular consumer cooperative.

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

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

The following information must be included in the charter of the ZhK:

About the name of the cooperative;

About his location;

On the subject and purpose of the activity;

On the procedure for joining the 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 fees;

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

About responsibility for violation of obligations to make share contributions;

On the composition and competence of the governing bodies of the cooperative and 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 the losses incurred by the cooperative by the members of the cooperative;

On the order of reorganization and liquidation of the cooperative.

The charter of the JK may include other provisions that do not contradict the legislation.

It is necessary to pay attention to the fact that such additional rules should not contradict the peremptory norms of the Civil Code of the Russian Federation, the Housing 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 the requirements established by the legislation of the Russian Federation for 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 the Model Charter, which was approved by the resolution of the Council of Ministers of the RSFSR dated 02.10.1965 N 1143. This legal act was declared invalid, but it can serve as some guideline in the preparation of draft statutes of modern cooperatives in the part that does not contradict the current legislation.

Currently legal regulations establishing mandatory requirements for the 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 of article 54 of the Civil Code of the Russian Federation). In this case, the state registration of the cooperative should 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 of 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 stipulated in its constituent documents, and bear the obligations associated with this activity. In practice, this means that a housing cooperative is entitled to carry out only those types of activities that are directly indicated in its charter and correspond to the subject and objectives of the legal entity established in the charter. Therefore, Art. 113 of the RF LC to the number of information that mandatory must be indicated in the charter of any housing or housing construction cooperative, refers, in particular, the object and purpose of the cooperative.

We repeat once again - the goal of housing cooperatives is to meet the needs of citizens for housing and to manage residential and non-residential premises in a cooperative house.

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

In addition to the expression of the will of the founders of a housing or housing construction cooperative, for its creation as a legal entity, a legal fact is required - 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 RF LC). 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 determined by the Federal Law of 08.08.2001 N 129-ФЗ "On state registration of legal entities and individual entrepreneurs". The specified Federal Law regulates, in particular, the relations arising in connection with the state registration of legal entities during their creation, reorganization and liquidation, when amendments are made to their constituent documents and when maintaining a single state register legal entities. The reorganization of a legal entity in civil law means its transformation into a new organizational and legal form, its merger with another legal entity, joining another legal entity, division into several legal entities, separation of a new legal entity from its composition.

1. A housing or housing-building cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens for housing, as well as to manage residential and non-residential premises in a cooperative house.
2. Members of a housing cooperative, with their own funds, participate in the acquisition, reconstruction and subsequent maintenance of an apartment building.
3. Members of a housing construction cooperative participate in the construction, reconstruction and subsequent maintenance of an apartment building with their own funds.
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 in order to meet the needs of citizens for housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the indicated federal laws.

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 shall have the preferential right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation or local government bodies.

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 made by the meeting of the 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 decision is voted for by persons wishing to join the housing cooperative (founders).
5. Members of a housing cooperative from the moment of its state registration as a legal entity are persons who voted for the organization of a housing cooperative.
6. The decision of the meeting of the founders of the housing cooperative is drawn up in minutes.

1. The charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and purpose of its activity, the procedure for joining 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 introductory 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 bodies of control over the activities of the cooperative, the procedure for making decisions, including on issues on which decisions are taken unanimously or by a qualified majority of votes, the procedure for covering members of the cooperative of the losses incurred by them, 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 and other federal laws.

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

Article 115. Management bodies of a housing cooperative

The governing bodies of the housing cooperative are:

1. general meeting of members of the 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.

1. The supreme governing body of the housing cooperative is the general meeting of the members of the cooperative (conference), which is convened in accordance with the procedure established by the charter of the cooperative.
2. The competence of the general meeting of members of the housing cooperative (conference) is determined by the charter of the cooperative in accordance with this Code.

1. The general meeting of the members of the 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 the members of the housing cooperative is considered adopted provided that more than half of the members of the housing cooperative who attended such a general meeting voted for it, and on the issues specified in the charter of the housing cooperative, more than three quarters of the members of the housing cooperative who attended such a general meeting ...

2. The decision of the general meeting of members of the housing cooperative, adopted in accordance with the established procedure, is binding on all members of the housing cooperative.
3. The general meeting of the members of the housing cooperative elects the management bodies of the housing cooperative and the bodies for control over its activities.
4. The decision of the general meeting of members of the housing cooperative is drawn up in minutes.

1. The board of a housing cooperative is elected from among the members of a housing cooperative by a general meeting of members of a housing cooperative (conference) in the number and for a 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 of the cooperative (regulation, regulation or other document of the cooperative).
3. The board of the housing cooperative carries out the management current activities of the cooperative, elects from among its members the chairman of the cooperative and exercises other powers that are not attributed by the charter of the cooperative to the competence of the general meeting of members of the cooperative.
4. The board of the housing cooperative is accountable to the general meeting of members of the cooperative (conference).

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 the 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 concluding transactions;
   3. exercises other powers that are not attributed 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 rights and fulfilling obligations, must act in the interests of the cooperative in good faith and reasonably.

1. To exercise control over the financial and economic activities of the housing cooperative, the general meeting of the members of the cooperative (conference) elects the 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 the 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 the housing cooperative shall elect from among its members the chairman of the audit commission.
3. Auditing commission (auditor) of a housing cooperative:
   1. without fail conducts planned audits of the financial and economic activities of the 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 at any time has the right to audit the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative.
5. The procedure for the work of the audit commission (inspector) of a housing cooperative is determined by the charter of the cooperative and other documents of the cooperative.

1. A citizen or legal entity wishing to become a member of a housing cooperative shall submit an application to the board of a housing cooperative for membership in a housing cooperative.
2. An application for 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 the housing cooperative from the moment the entrance fee is paid after the approval of the decision on admission to membership in the housing cooperative by the general meeting of cooperative members (conference).

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

Article 123. Liquidation of a housing cooperative

A housing cooperative may be liquidated on the grounds and in the manner provided for by civil legislation.

Housing cooperative is a housing cooperative, which is a voluntary association of a group of people or organizations for the construction of apartment buildings.

The history of the emergence and development of housing cooperatives

Housing cooperatives are a fairly old and proven construction scheme. The emergence of the first housing cooperatives dates back to the 1920s. However, despite the rapidly growing popularity, in 1937 this mechanism was liquidated, since it is a manifestation of private property. In 1957, the housing cooperative was revived and acquired a mass character. In the 80s, such construction of apartment buildings was about 8%.

In modern society, the system of cooperatives is gaining momentum with renewed vigor. Most often, it is used by Moscow developers who are unable to fulfill their obligations to equity holders. In this case, on the initiative of the deceived buyers, housing cooperatives are created, to which all rights to complete the construction are transferred.

Legal basis

Currently, the legal framework for the activities of housing cooperatives is regulated by housing legislation. The term "housing construction cooperative" is clearly defined in Art. 110 of the Housing Code of the Russian Federation. The conditions for the creation, organization of activities and the rules for participation in the housing cooperative are presented:

• in section 5 of the Housing Code of the Russian Federation (LC RF);
• in the Charter of the cooperative, which is drawn up in accordance with the main provisions of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation.

However, not all housing cooperatives are cooperatives organized in accordance with the current legislation. Many of them in their activities do not even comply with the basic requirements presented in the Housing Code, as a result of which there is a violation of the rights of participants in such housing cooperatives. In order to avoid such situations, it is necessary to understand in detail all aspects of the activities of cooperatives.

The order of creation and organization of activities

According to the law, there can be no less than five members of the housing cooperative. However, the total number of cooperative members should not exceed the amount of apartments in a residential building under construction or purchased. At the general meeting, a decision is made on the formation of a housing cooperative. This event can be attended by persons who wish to unite for the purpose of building a house. The meeting also approves the Charter of the housing cooperative. After the state registration of the cooperative and obtaining the status of a legal entity, the participants who voted for the creation of the cooperative become members of the HCC. The decisions of the meeting of the founders of the housing cooperative are recorded in the minutes.

The charter of a housing construction cooperative

The charter of the housing cooperative, according to Art. 113 of the Housing Code of the Russian Federation, should contain data on the name of the cooperative, its location, the subject and purpose of the activity, the rules for joining the housing cooperative, the procedure for withdrawing from it, the amount of introductory and various payments, the composition and rights of the governing bodies of the cooperative, the procedure for adopting control of various decisions, about the possibility of covering the incurred losses and the rules of reorganization or liquidation of the cooperative. Despite this, the Charter may contain other conditions that do not contradict the current laws of the Russian Federation.

Governing bodies

According to Art. 115 ZhK RF, the governing bodies of ZhSK are:

• general meeting of all members of the cooperative;
• if the number of those present at the meeting is more than 50 and this is spelled out in the Charter of the cooperative - a conference;
• governing bodies and the chairman of the housing cooperative.

General meeting of members of the cooperative

The general meeting of all members of the cooperative (conference) is considered the supreme governing body. It is convened in accordance with the provisions prescribed in the Charter. The competence of the supreme governing body is also regulated by the Charter of the housing cooperative.

A meeting of participants is legitimate if it is attended by a large part of all members of the cooperative. The decision cannot be adopted if 50% or more of those present at the meeting voted against the proposal under consideration. The decision adopted and prescribed in the protocol is mandatory for all members of the building cooperative.

The administrative apparatus and control bodies are also elected by the participants in the general meeting of members of the housing cooperative. The duties of the governing bodies and the procedure for making decisions by them are regulated by the Charter of the cooperative, regulations, regulations and other internal documents. The board of the housing cooperative has the right to manage the activities of the cooperative and elect a chairman from among its members. The management bodies of the housing cooperative are accountable to the general meeting of the members of the cooperative.

Duties of the chairman of the housing cooperative

Chairman of the Board of the Construction Cooperative:

• is obliged to ensure the implementation of decisions taken by the board;
• protect the interests of the cooperative, conclude transactions and act on behalf of all members of the cooperative without a power of attorney;
• has other powers that are not included in the duties of the general meeting of the members of the housing cooperative or its board.

The essence of the audit commission

To control the economic and settlement activities of the cooperative, a special auditing commission is elected for a period not exceeding 3 years. The number of its members is spelled out in the Charter of the cooperative. Members of the Audit Commission cannot borrow leadership positions in the housing cooperative, and also be listed in other management bodies of the construction cooperative.

The chairman of the audit commission is elected by its members from the existing composition. The duties of the auditors include:

• annual auditing of the economic and settlement activities of the cooperative;
• preparation of conclusions on the budget, target use Money, annual report and mandatory contributions;
• report to the members of the general meeting on their activities.

The auditors have the right to check the financial and settlement activities of the building cooperative at any time and have free access to all internal documentation of the building cooperative. The order of work and powers of the audit commission are spelled out in the Charter of the cooperative.

Membership in ZhSK

To become a member of a housing cooperative, you must submit an application to the board of a housing cooperative. One calendar month is allotted for its consideration. The decision is made at the general meeting of participants and recorded in the corresponding document (minutes). The status of a member of the housing cooperative is acquired after the payment of the entrance fee. A member of a housing cooperative can confirm his participation in a housing cooperative with a certificate (extract), which is issued according to his application.

The mechanism of housing construction with the help of housing cooperatives

After the approval of the Charter at the general meeting of the members of the housing cooperative, the housing construction cooperative must undergo compulsory state registration to acquire the status of a legal entity. Further, construction according to the housing construction scheme takes place in stages:

Potential risks associated with participation in a housing cooperative

By becoming a member of the housing cooperative, a person may face certain risks:

1. The main risk is that the main goal of creating a housing cooperative for some reason may not be achieved (refusal to issue permits, financial difficulties and others).
2. Inflation and appreciation building materials and works.
3. The risk of failure to meet the deadline for putting the house into operation. Moreover, the housing cooperative before its members will not be responsible for this.
4. Developers or investors do not provide guarantees for the housing provided.
5. Control over the expenditure of funds and economic activities is carried out by the Audit Commission, which is elected at the general meeting. There is no state specialized body.
6. The distribution of apartments between the members of the housing cooperative takes place at a general meeting and does not depend on the wishes of the member of the cooperative.
7. for example, they form the final cost of an apartment, taking into account advertising costs, staff maintenance and other payments. The buyer has to pay for all this. In addition to all of the above, a citizen cannot control the expenditure of funds for the construction of housing and the progress of construction itself.

Benefits of joining a housing cooperative

1. It is believed that the construction of residential buildings through the housing construction system is a significant savings in money. According to statistics, thanks to the organization of a housing cooperative, you can save about 50% on the purchase of housing.

2. Building cooperatives have full transparency in attracting and spending funds. In addition, construction can be financed in stages, and an installment plan can be given not only for the period of building a house, but also for a time after the end of construction.

Housing cooperative in the modern world

Today, a voluntary association of like-minded people for the construction of residential buildings is extremely rare. Despite the fact that the legislation does not prevent the creation of housing cooperatives, the construction of multi-storey buildings according to this scheme is more popular among large enterprises who are interested in providing apartments for their employees.

Thus, it makes sense to organize a housing cooperative for employees of organizations that have appropriate management support. At the same time, they can save on the difference between the market price and the cost of housing, which is taken by the developer.

In the case of acquiring apartments through the housing construction mechanism, citizens are more protected from various unforeseen situations. If the developer has declared his bankruptcy, the shareholders have the right to independently engage in the construction of the building.

More recently, the number construction organizations working on the principle of housing construction did not exceed 15%. At the moment, one third of housing on the Russian market is sold according to this scheme.

What you should pay attention to when buying apartments for housing cooperatives

According to statistics, one of the main factors that affect the choice of housing is not the form of the contract, not the presence of infrastructure in the neighborhood of the house, but the developer's reputation, his experience in the construction of apartment buildings, the terms of payment for the apartment.

However, if an individual decides to join a housing cooperative, you need to pay attention to several important points:

• Check the investment agreement between construction company and ZhSK. It is better if the cooperative itself acts as a developer. In this case, the housing cooperative bears full responsibility for the construction of multi-storey buildings.
• Examine the rest of the documents of title: building permit, land lease agreement or land ownership.
• To get acquainted with the Charter of the housing cooperative. Particular attention should be paid to the conditions for joining and leaving the cooperative. And also on the procedure for paying contributions and receiving an apartment.

If all of the above documents are clear and transparent, you can safely conclude an agreement with the cooperative.

Housing, or housing construction cooperatives are organized by individuals, and sometimes legal entities on a free basis. The task is non-profit organization is home management, as well as the realization of the right of every person to housing, the implementation of the need for housing. Members of the cooperative act on the basis of membership. Participants of a housing cooperative acquire housing with their personal participation, their investments, and fulfill the obligation to maintain and reconstruct the house.

Members of the housing construction cooperative are involved in the construction of housing. The current law does not clearly distinguish between a housing and a housing construction cooperative, but from the very name of the institutions it is clear that a housing cooperative is organized when there is a material object - a building, a residential building. In the case of the housing construction cooperative, the house is just being built.

Organization of a cooperative. Housing cooperative charter

The decision to organize a housing cooperative is made by the founders of the cooperative. Persons who have expressed their will to organize a cooperative and confirmed their intention by voting for the organization of a cooperative become founders. Voting is also used for the adoption of the charter of the cooperative.

The organization of the cooperative is carried out by the competent body - the meeting of the founders. Long before the actual creation of the cooperative, a number of preparatory measures are being carried out: it is necessary to resolve organizational issues and determine an immovable object - the subject of activity of the cooperative and its members.

The obligatory legal act of the cooperative, without which its activity is impossible, is the charter. This is a kind of set of rules and principles by which the organization is guided in its activities. The charter is approved by the founders at the meeting.

The text of the charter indicates the name of the cooperative, its coordinates, the rules approved for citizens planning to join the cooperative, the procedure for making and the amount of monetary contributions, the procedure for the persons participating in the cooperative, its losses, the responsibility of the participants, the tasks for the solution of which the cooperative was created and other issues of principle. The charter may contain any provisions, if they do not contradict the current law and do not have disagreements among themselves.

Housing cooperative members

The law determines that members of a cooperative can be individuals if at the time of voting they have reached the age of 16, and in some cases legal entities. For membership in a cooperative, the participation of these entities in the voting for the creation of a cooperative is required.

The law establishes rules regarding the number of members of the cooperative. In accordance with the RF LC, it is impossible to create a cooperative with less than 5 members. The maximum number of members is determined by the number of residential premises in the building for which the cooperative was created. To join a cooperative as a member, a duly completed application must be submitted to the board of directors. It is reviewed and approved within 30 days. Further, the person applying for membership pays the entrance fee, and from that moment becomes a full member of the cooperative.

Cooperative management

The law refers to the governing bodies of the cooperative:

• conference - the highest governing body in the cooperative;
• chairman and board of the housing cooperative;
• meeting of members of the cooperative.

The activities of the conference, the limits of its powers are regulated by the charter of the cooperative. The conference meets in regular meetings, which usually take place at least once every 12 months, and extraordinary meetings can also be held on important issues. The scope of the conference includes consideration of issues related to the documentation of the cooperative, the rules for the entry and exit of participants, the powers of the members of the cooperative.

The board of the cooperative considers the day-to-day, current issues of the organization, elects from among its members a chairman who is authorized to represent the cooperative, act on its behalf and monitor the implementation of decisions of the board.

The meeting is recognized as valid if it was personally attended by at least half of the members of the cooperative. To recognize the decision of the meeting as competent, it is necessary to collect at least half of the votes of all persons participating in the voting. If the issue reflected in the charter of the cooperative is being discussed, at least three quarters of the cooperative members who directly participated in the voting and personally attended the meeting must vote in support of the decision.

Founders meeting decisions

The issues discussed at the meeting of founders are related to the activities of the cooperative, the implementation of its plans and projects, the powers of the governing bodies. By the decision of the founders, the following are elected:

• chairman and secretary of the meeting;
• the audit and counting commission of the meeting;
• members of the board of the cooperative, chairman of the board;
• the meeting of founders approves the agenda and charter, discusses other pressing issues.

The conclusions reached by the meeting are drawn up in a special document - the minutes of the meeting. It must indicate the date of the meeting, the number of those present, the number of those who voted "for" and "against" on the issues under consideration. The minutes are signed by the members of the meeting, its chairman and secretary.

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The abbreviation ZhSK means a housing construction cooperative, created by citizens on the basis of mutual consent for the construction of an apartment building, improvement of the surrounding area 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 the formation of a cooperative is to provide participants with housing.

The construction of real estate is carried out at the expense of 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 in ownership (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 carry out the procedure correctly and draw up the necessary documentation. The procedure for creating and registering a housing cooperative, registration of an organization, development of a charter and determination of an initiative group are given.

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

1. Developed and approved by voting, members of the board are elected.
2. All documents of the meeting 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 monetary contributions by shareholders and payment of expenses for the construction of the real estate object.
4. The created organization can begin the process of building a house.

The formation of a cooperative is documented by the memorandum of association, which consists in order to confirm the decision to create a housing cooperative and transfer to it the existing property, the share of ownership of each shareholder and the size material responsibility, 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 RF LC, Chapter 4 of the RF Civil Code).

The position of the housing cooperative in the legal sphere is determined by the Housing Code of the Russian Federation, as well as the Civil Code of the Russian Federation and the Charter of the cooperative, which have priority in litigation arising between the participants, the board and outside organizations disputes, the occurrence of which is possible in the course of the activity of the housing construction cooperative.

Information required to be reflected in it:

1. the name of the organization and the location of the territorial location;
2. goals of creation and tasks performed;
3. rules for obtaining membership and withdrawal from a housing cooperative;
4. the size and frequency of making shares;
5. the procedure for electing the management of the cooperative and the functions performed by it;
6. holding meetings of participants, voting for decision-making and monitoring their implementation;
7. actions of the participants in the event of reorganization and liquidation of the housing cooperative.

Rights and obligations

Member lists

The formation of the cooperative takes place at a general meeting and by decision of the owners of the apartment building. Citizens who voted for the creation of a housing cooperative become its founders by getting a membership. This procedure 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 places are defined in Chapter IV of the Decree of the Government of the Russian Federation N 558 of June 6, 2012. The desire to obtain membership in the cooperative is made out to the board of the housing cooperative, the procedure for its consideration and decision-making takes place in the order specified in the Resolution.

Citizens over 16 years old are admitted to the cooperative and legal entities with a total number of five and as much as possible equal to the number of apartments in a building under construction.

Important! HCC members bear full responsibility and fulfill the obligations imposed on them 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 will be liquidated by a court decision.

Control

The governing bodies of the cooperative are the meeting of its members, the board of the ZhSK headed by, as well as a conference - if the number of participants in the meeting is more than fifty, if this is provided for by the Charter (Article 115 of the RF LC).

Article 115 of the LC RF. Housing cooperative management bodies

The governing bodies of the housing cooperative are:

1. general meeting of members of the 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 their sphere of competence are determined by the constituent document of the cooperative.

A responsibility

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

Attention! He is elected to oversee the financial and economic activities of the cooperative at the general meeting.

This body is headed by a chairman (auditor). The procedure for the work and the rights of such a controlling body are determined on the basis of the Charter and the LC RF.

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

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