The constituent document of housing and communal services is. Housing cooperative. General meeting of members of the cooperative

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, legal position 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 have the preferential right to join housing cooperatives organized with the assistance of the authorities state power Of the Russian Federation, state authorities of the constituent entities Russian Federation or local governments.

1. The number of members of a housing cooperative cannot be less than five, but must not exceed the number of residential premises in a cooperative being built or acquired apartment building.
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 legal entity are the persons who voted for the organization of the 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 control bodies 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 established order, is mandatory for 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 scheduled audits of financial and economic activity housing cooperative at least once a year;
   2. submits to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;
   3. reports to the general meeting of members of the cooperative (conference) on its activities.
4. The audit commission (auditor) of a housing cooperative 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).

Housing cooperative by decision of the general meeting of its members (conference), it can 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.

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 LCD of the Russian Federation, there can be a citizen who has reached the age of sixteen years, a legal entity in the case established by the legislation of the 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 that 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 contract, including those doing military service outside the territory of the Russian Federation, as well as citizens who are provided with social benefits for the purchase of residential premises if they are 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, 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 who are 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. At the same time, it is advisable to take into account that the participation of certain types of legal entities in other commercial and non-commercial organizations by law may be made dependent on the observance of 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 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-building cooperative is made by its founders (persons wishing to create a cooperative) at a general meeting.

Founders - individuals may participate in the meeting in person or through their representatives authorized by duly executed powers of attorney. The executive bodies (director, general manager and others) authorized by law and constituent documents, or other persons vested 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 charter of a cooperative is the only constituent document of both a housing and a housing construction cooperative. 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-building 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 charters of modern cooperatives in parts that do 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 the 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, among the information that must be indicated in the charter of any housing or housing construction cooperative, includes, in particular, the subject and goals 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.

According to this document, the housing cooperative is created by the townspeople for the purpose of construction and subsequent reconstruction of an apartment building, further solving the problems of residents associated with servicing and restoring order in the building itself and in the surrounding area.

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

Rights and powers

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

Reports, certificates, constituent documents of housing cooperatives

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

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

In order to control the financial and economic activities, the housing cooperative is obliged to maintain and submit the following types of reports in due time:

1. accounting- shows movement Money and changing their amount on the accounts of the cooperative;
2. tax- the average annual number of participants;
3. to the pension fund- according to the size of the listed contributions of employees and other personnel involved in servicing the apartment building;
4. statistical- quarterly, semi-annual and annual in the form of Rosstat.

Billing property owners for public Utilities is made using receipts, which indicate a list of indicators to be paid, the amount, the name of the payee, his address and details.

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

In the applications sent by the participants of the cooperative, the full name of the owner of the premises in the apartment building, the type of property, the size and condition of the living space, the date of writing must be indicated. Applications are drawn up by the participants of the housing cooperative with the aim of:

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

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The definition of a housing construction cooperative is given in article 110 of the RF LC. Housing or housing construction cooperative Is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as to manage residential and non-residential premises in a cooperative house. Members of a housing cooperative, with their own funds, participate in the construction, acquisition, reconstruction and maintenance of an apartment building.

Housing cooperatives are consumer cooperatives (part 4 of article 110 of the RF LC). The provisions governing the procedure for their formation and activities do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens for housing in accordance with federal laws. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by federal laws.

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 a cooperative (part 1 of article 112 of the LC). The decision to organize a housing cooperative is made by the meeting of founders, in which persons wishing to organize a housing cooperative have the right to participate. The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter is considered adopted if persons wishing to join the housing cooperative (founders) voted for it. 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.

The decision of the meeting of the founders of the housing cooperative is drawn up in minutes.

According to part 1 of Article 113 of the RF LC, the charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and purpose of the activity, the procedure for joining the cooperative, leaving it, issuing a share contribution and other payments, on the size, composition and procedure payment of entrance and share contributions, on liability for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and bodies of control over the activities of the cooperative, the procedure for making decisions, including on issues, decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering the losses incurred by the members of the cooperative, the procedure for reorganizing and liquidating the cooperative. The charter of a housing cooperative may contain other provisions that do not contradict the Housing Code and other federal laws.

In accordance with article 114 of the RF Housing Code, state registration of a housing cooperative is carried out in accordance with the legislation on state registration.

In accordance with article 115 of the Housing Code of the Russian Federation, 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 is more than 50 and this is provided for by the charter of the housing cooperative;
3. board and chairman of the board of a housing cooperative.

The supreme governing body of a housing cooperative is considered to be the general meeting of its members (conference), which is convened in accordance with the procedure established by the charter of the cooperative. The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative (part 2 of article 116 of the RF LC).

The general meeting is competent if more than 50% of the members of the cooperative are present; its decision is considered adopted if more than 1/2 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 3/4 of the members of the housing cooperative who attended such a general meeting. The decision of the general meeting, adopted in accordance with the established procedure, is mandatory for all members of the housing cooperative. The general meeting of the members of the housing cooperative elects the governing bodies of the housing cooperative and the bodies for control over its activities. The decision of the general meeting is drawn up in minutes.

According to part 1 of Article 118 of the RF LC, the board of a housing cooperative is elected from among its (housing cooperative) members 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. The order of activity of the board of a housing cooperative and the procedure for making decisions by it are determined by the charter and internal documents of the cooperative (regulation, regulation or other document). The board of the housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and has other powers that are not attributed by the charter of the cooperative to the competence of the general meeting of cooperative members. The board of the housing cooperative is accountable to the general meeting of members of the cooperative (conference).

The chairman of the board of a housing cooperative is elected by the board from among its members for a period determined by the charter of the housing cooperative (part 1 of article 119 of the RF LC).

Chairman of the Board of the Housing Cooperative:

1. ensures the implementation of decisions of the board of the cooperative;
2. without acting on behalf of the cooperative, including representing its interests and making transactions;
3. exercises other powers that are not attributed by the Housing Code or the charter of the cooperative to the competence of the general meeting of members (conference) or the board of the cooperative.

The chairman of the board of a housing cooperative, when exercising rights and fulfilling obligations, must act in good faith and reasonably in the interests of the cooperative. To control 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 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.

The Audit Commission of the Housing Cooperative from among its members elects the chairman of the Audit Commission (part 2 of Art. 120 of the RF LC). Auditing commission (auditor) of a housing cooperative:

• without fail conducts planned audits of the financial and economic activities of the housing cooperative at least once a year;
• 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;
• reports to the general meeting of members of the cooperative (conference) on its activities.

The audit commission (auditor) of the housing cooperative has the right at any time to audit the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative. The procedure for the work of the audit commission (inspector) of a housing cooperative is determined by the charter and other documents of the cooperative.

According to article 121 of the LC RF, a citizen or legal entity wishing to become a member of a housing cooperative shall submit an application to its board for admission to membership in a housing cooperative. This application must be considered within a month by the board 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 members of the cooperative (conference). For example, acquiring an apartment located in such a house, under agreements on the transfer of ownership (purchase and sale, exchange,), inheritance, reorganization (in relation to legal entities), a citizen or legal entity can apply for admission to a cooperative.

What is a housing construction cooperative: Video

A housing or housing-building cooperative (ZhK and ZhKK) 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 (clause 1 of Article 110 of the ZhK ). ZhK and ZhKK are legal entities - non-profit organizations created in the organizational and legal form of consumer cooperatives.

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

To the procedure for the creation and operation of such cooperatives, Ch. 11, 12 LCD, ch. 4 of the Civil Code of the Russian Federation (provisions on non-profit organizations), art. 116 of the Civil Code of the Russian Federation, dedicated directly to consumer cooperatives.

According to paragraph 3 of Art. 1 of the Federal Law of January 12, 1996 "On Non-Commercial Organizations", the said Federal Law does not apply to consumer cooperatives, whose activities are regulated by the norms of the Civil Code of the Russian Federation, laws on consumer cooperatives, other laws and legal acts, i.e. does not apply to the specified cooperatives.

ZhK and ZhKK can be divided into two types: created by citizens and (or) legal entities with the assistance of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation or local self-government bodies (we will conditionally call them patronage) and organized by citizens and (or) legal entities on one's own.

In the first case, citizens who have the right to provide housing under a social tenancy agreement have a pre-emptive right to join a cooperative.

Citizens who have reached the age of sixteen and (or) legal entities (Article 111 of the RF LC) have the right to join housing cooperatives, decline in age is a short story. The participation of minors in consumer cooperatives appears to be more problematic.

The right to join a housing cooperative is also vested in both commercial and non-commercial organizations that have the status of a legal entity.

The procedure for the creation of ZhK and ZhKK is determined by Article 112 of the ZhK: 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.

The decision to organize a housing cooperative is taken by the meeting of founders, it is considered adopted provided that the decision is voted for by persons wishing to join the housing cooperative (founders).

At a similar meeting, the charter of the housing cooperative is also adopted. It is the only constituent document of a housing cooperative. Article 113 of the RF LC contains a list of information that should be contained in the charter of a housing cooperative, and such a list is open

The governing bodies of the housing cooperative are:

1) a general meeting of members of a housing cooperative;

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

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

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.

General meeting members of a housing cooperative is eligible if more than fifty percent of the members of the cooperative are present.

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

housing cooperative attending such a general meeting.

The decision of the general meeting of members of the housing cooperative is binding on all members of the housing cooperative.

The board of a housing cooperative is a collegial executive body of the cooperative. 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 (Art. 118 LC). The board of the housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers.

Single-handed executive body cooperative is the chairman the board of the cooperative, he is elected for a period determined by the charter of the housing cooperative (Art. 119 of the RF LC).

To exercise control over the financial and economic activities of the housing cooperative, the general meeting of the members of the cooperative (conference) elects audit commission (auditor) housing cooperative for a period not exceeding 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 hold other positions in the management bodies of a housing cooperative (Article 120 of the RF LC).

The first members of the cooperative are its founders (persons who voted for the organization of a housing cooperative) from the moment of state registration of such a cooperative as a legal entity.

Citizens or legal entities wishing to join an already created housing cooperative submit applications to the board of the housing cooperative, which is considered 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 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. Of all the forms of reorganization of a legal entity (merger, acquisition, division, separation, transformation) in relation to housing and housing-construction cooperatives, the RF Housing Code allows one transformation, while such cooperatives may not be transformed into any non-profit organization, but only in an association of homeowners. According to Art. 14 of the Introductory Law, a housing or housing-building cooperative, in which all its members have fully paid share contributions for the housing provided by this cooperative, is subject to transformation into a homeowners' association or liquidation by January 1, 2007. A housing cooperative can be liquidated on the grounds and in the manner provided for by civil legislation.

Liquidation of a legal entity entails its termination without transfer of rights and obligations by way of succession to other persons.

By virtue of Art. 61 of the Civil Code of the Russian Federation, a legal entity can be liquidated voluntarily by decision of its founders (participants, members) or a body of a legal entity authorized by the constituent documents, incl. in connection with the expiration of the period for which the legal entity was created, or with the achievement of the purpose for which it was created (for example, meeting the needs of the members of the cooperative for housing). Forced liquidation of a legal entity by a court decision is possible in the event of gross violations of the law committed during its creation, if these violations are irreparable, or carrying out activities without proper permission (license) or activities prohibited by law, or with other repeated or gross violations of the law or other legal acts.

A claim for the compulsory liquidation of a cooperative may be filed in court by a state body or a local self-government body, to which the right to present such a request has been granted by law. A housing or housing-building cooperative shall be liquidated in accordance with the procedure established by Art. 62-64 of the Civil Code of the Russian Federation.

A housing cooperative may also be liquidated due to its recognition as insolvent (bankrupt) in the manner established by the Federal Law of October 26, 2002 "On insolvency (bankruptcy)".

The current legislation provides for two cases of possible compulsory liquidation of a housing cooperative. According to paragraph 4 of Art. 116 of the Civil Code of the Russian Federation, members of a consumer cooperative are obliged to cover the resulting losses through additional contributions within three months after the approval of the annual balance sheet. If this obligation is not fulfilled, the cooperative may be liquidated in court at the request of creditors.

After the expiration of the period established by Art. 14 of the Introductory Law, unreformed cooperatives are subject to compulsory liquidation in court at the request of the body that carries out state registration of legal entities.