The owner of the apartment and the "registered" persons. Apartment building: what belongs to whom The homeowner cannot be

Which state the termination of ownership of the privatized object by the municipality or the state, as a result of which the ownership right is generated by the person or group of persons who privatized the housing.

Article 217 of the Civil Code of the Russian Federation. Privatization of state and municipal property

Property that is in state or municipal ownership may be transferred by its owner to the ownership of citizens and legal entities in the manner prescribed by laws on the privatization of state and municipal property.

When privatizing state and municipal property, the provisions provided for by this Code regulating the procedure for acquiring and terminating the right of ownership shall be applied, unless otherwise provided by laws on privatization.

Further grounds for ownership are enshrined in Article 35 of the Constitution of the Russian Federation and Chapter 17 of the Civil Code. As a result of privatization, if all legally capable family members participate in it, the right holder who has received a municipal apartment loses his legal position and is no longer the owner. The apartment passes to all persons participating in the privatization, and is registered in joint shared ownership.

REFERENCE: Underage family members should also participate in privatization, who are allocated a proportionate share.

How to understand who is the owner?

Who is the owner of privatized housing?
If in the apartment there is a person for whom a social contract of employment was drawn up, lived alone, he has the right to re-register housing only for himself. Accordingly, after privatization, he will become the sole owner. Non-relatives living and registered in apartments are not entitled to receive a share in a privatized apartment.

If, as a result of an agreement between the spouses, the living quarters are registered in the name of one of them, then the second has a joint and several ownership right to privatized housing, established by Article 35 of the RF IC, that is, the property will be considered jointly acquired. If a citizen has registered privatization for himself within the framework established by law, subsequent marriage will not become a precedent for determining an apartment as jointly acquired property.

If, as a result of privatization, the rights of third parties were violated, then they have the right to challenge the procedure for re-registration of the apartment, declaring it invalid.

Now you know how to determine who owns a privatized apartment. If the apartment is owned by the tenant, then this means that it is privatized. You will learn about the rights and obligations of the owner of privatized housing and the persons registered or living there in.

Nuances for two owners

If the apartment is privatized for two people, then it can be registered as joint ownership without allotment of shares. A priori, this design implies half of home ownership.

Such co-owners can use the property jointly, not limiting themselves to conventions, but following the established procedure for using the premises. When allocating shares in the future, they are drawn up for ½ share ownership, or in such proportions that will be established by agreement of the co-owners.

For spouses, the allocation of shares is not a prerequisite, based on the norms of Article 35 of the RF IC. Such an apartment can be sold as a whole or be inherited and participate in other property transactions. However, when alienating property belonging to one person, formal registration of shared ownership will be required.

IMPORTANT: Persons who have not officially registered their relationship cannot be considered spouses and apply for participation in privatization.

For three

If the apartment is privatized for three, then the procedure is similar. However, allocation of shares is required here.
That is, each participant gets 1/3 of the total share in the right. At the same time, a conditional division of the norms for the use of residential premises is required, without an official allocation of part of the territory of the premises.

Subsequently, when conducting property transactions, the allocated shares may participate in transactions separately. The main feature is that when selling two shares to one buyer, he receives not 1/7 of the share in the right, in relation to the third co-owner, but 2/3, which is essential to understand when entering into a joint ownership relationship in this case.

The same applies to a person receiving a share in the right instead of a family member who refused privatization in his favor. In this case, the addressed share is not divided between the two remaining participants. Two thirds are transferred to one of them, and the third is given to the second.

When it comes to municipal real estate

Such apartments are owned by the municipality and are transferred to citizens under a social tenancy agreement. The person specified in the contract, who has concluded an agreement on social hiring with the local administration, receives the title of the right holder, but not the owner. In the language of legal terminology, he is called a responsible tenant, with ensuing powers that are not identical to ownership.

The responsible tenant has the right to delegate responsible management for the maintenance of the apartment to all tenants, but does not have priority over members of his family who moved into the apartment with him or who were born after the conclusion of the contract. Therefore, the privatization procedure is managed by the municipality, and not by the person to whom the contract is drawn up. As you can see, a person living in an apartment that has not been privatized is very deprived of the rights to it.

Should it be privatized?

Is it necessary to privatize an apartment if it is owned? If housing is received in a new building under an equity participation agreement (DDU), then it implies a deliberately agreed ownership right of the shareholder to the apartment. After registration of such a right in Rosreestr, the premises become fully owned. The same applies to the inheritance of property and the acquisition of real estate as a result of property transactions.

Such types of transfer of rights provide for the provision of ownership of the transferred objects. Property already owned is not subject to privatization, since the sole purpose of privatization is the registration of ownership of the apartment.

How to register?

We will tell you how to register a privatized apartment as a property.

The right of ownership arises after the participants in the procedure receive in their hands an agreement drawn up by the administration on the transfer of property to ownership.

Where to begin?

Now more about registering a privatized apartment. The renewal process begins with the conclusion of the contract. The transfer agreement is concluded in accordance with the norms of Article 161 of the Civil Code of the Russian Federation, the form of which is typical for each executive authority.

Article 161 of the Civil Code of the Russian Federation. Transactions made in simple writing

Must be made in simple written form, with the exception of transactions requiring notarization:
transactions of legal entities between themselves and with citizens;
transactions of citizens among themselves for an amount exceeding ten thousand rubles, and in cases provided for by law, regardless of the amount of the transaction.
Compliance with a simple written form is not required for transactions that, in accordance with Article 159 of this Code, can be made orally.

Each participant in the procedure is given two copies of the document, where his personal data is entered. According to the norms of Article 163 of the Civil Code of the Russian Federation, the contract can be notarized.

However, information about the procedure carried out and the contract received must be entered into the cadastral records so that the legal owner of the apartment appears in the Unified Register of Real Estate Owners. Without registration, the contract will not enter into force, as stated in the provision of Article 131 of the Civil Code of the Russian Federation.

IMPORTANT: For minor family members, their parents (adoptive parents) participate in privatization, registering their shares in the right for children.

If you want to privatize an apartment for a minor child, then you will find out all the details about this and much more in.

Where do they arrange?

Registration of privatization takes place in the department of Rosreestr at the location of the apartment. You can also transfer documentation through the multifunctional center (MFC).

You can arrange the transfer of documentation both during a personal visit to the MFC, and by sending the package by mail by registered mail:

with notification of receipt;
with a description of the attachment.

When forwarding, enclosed copies of documents must be certified by a notary.

What documents are required?

To register a privatized apartment, you must have a package of documentation on hand, consisting of the following:

An agreement on the transfer of property, which includes all participants in the procedure by their number and an additional copy for Rosreestr.
Civil passports of all family members over the age of 14 participating in the procedure for reissuing rights. Their birth certificates, to confirm the relationship with the parents acting as legal representatives.
Birth certificates for children under 14.
Certificate of marriage between the spouses.
For parents of adult family members, confirmation of kinship with birth and marriage certificates is also required. If they are lost, you should obtain an appropriate certificate from the registry office.

If a representative acts in the interests of the family, he must have notarized powers of attorney from all adult family members.

Where to submit papers?

Citizens approach the Rosreestr branch with a package of documents by registering in advance through the State Services website, or by receiving a ticket at the terminal. When contacting the MFC, pre-registration is voluntary and is advisable if there are large queues in the settlement, or if the visitor's time is strictly regulated. Usually, the number of the electronic queue is enough here.

With a coupon and a package of documentation, visitors approach the window on which their queue number lights up. Sometimes the one stop shop takes on a first come first served basis. Approaching the registrar, he is given documents for registration. After their verification, the registrar issues forms for filling out applications for registration.

Timing

Registration terms are no more than 10 days. Documents are accepted against receipt, which indicates the date of the return visit.

State duty

Registration services are subject to a state fee of two thousand rubles for each copy of the contract.

It is paid before the submission of documents for registration. Payment is required, but the receipt can be omitted, as the information is automatically sent to the registrar. What documents are issued after registration. At the second appointment, they issue an agreement on the transfer of an apartment, with a note of registration and an extract from the USRN for each participant in the procedure.

REFERENCE: Passports and certificates submitted for registration are issued on the same day after entering the information at the initial appointment, copies of the documents remain with the registrar.

Failure cases

During the verification of the package of submitted documentation, the registrar decides whether to accept the documents or refuse to continue the documentation.

Refusal may be based on the following:

state duty has not been paid;
documentation is submitted by a person who does not have such authority;
one (several) documents have an invalid form;
there is a technical error in the contract;
the privatization procedure was carried out with violations.

In case of refusal, it will be necessary to eliminate these shortcomings and resume registration. Certain situations can only be resolved through going to court with.

Now you know everything about registering the privatization of an apartment.

Underwater rocks

The rights to an apartment privatized before 01/31/98 are valid without additional registration on the basis of the norms of Law No. 218-FZ of 07/13/15, where Article 69 indicates voluntary participation in registration. The spouse who lives in the apartment at the time of privatization is obliged to participate in it or submit an official refusal, even if he moved into the apartment after signing a social tenancy agreement (how to draw it up?).

All family members are entitled to their share, even if at the time of privatization they lived in another residential area. Including - former spouses who moved out with young children after a divorce.

NOTE: Any violation of the property rights of third parties committed during privatization may lead to its disputability and invalidity.

All disputes are resolved by filing a civil lawsuit in the district court at the location of the apartment.

Conclusion

In the article, we tried as much as possible to analyze the issues of housing privatization. All members of the family of a person who has entered into an agreement on social housing rental with the municipality participate in privatization. The administration transfers the apartment into ownership by an agreement that needs to be registered. Ownership is registered in shares for each participant in a privatized apartment, this is a mandatory condition. Violation of the rights of family members entails the recognition of the procedure as invalid. Now you know everything, including how to register a privatized apartment.

WHAT IS A HOUSING OWNER? The owner of a residential (non-residential) premises is an individual or legal entity that has the right of ownership on the basis of a law or an agreement (privatization, sale, exchange, etc.). WHAT IS HOA? A homeowners association is an association of owners of the premises of an apartment building for the joint management of a real estate complex, ensuring the operation of this complex, possession, use and disposal of common property in an apartment building. As practice shows, it is often much more profitable to create, which includes several, united by one courtyard or quarter. Firstly, their residents will pay much less for the maintenance of the management apparatus of the partnership: the costs of this are inevitable. Secondly, such an HOA will save a lot of money on paying for those housing and communal services that are provided not to a separate house, but to the entire residential area: garbage collection, improvement of children's or sports grounds, pruning of trees and shrubs, asphalting, etc. Thirdly, it is much easier to find an initiative and competent chairman of the HOA in several houses than in one. Two or more HOAs can create an association of homeowners' associations for the joint management of common property in apartment buildings. The owner of premises in an apartment building owns and uses not only his apartment (office, shop), but has the right to his share in the common property. The composition of common property is enshrined in the Housing Code of the Russian Federation (Article 36), as well as Decree of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration" and is shown in Fig. 1. Roofs Technical floors, attics with utilities Elevators, elevator and other shaft corridors Fencing load-bearing and Stair non-bearing platforms and stairs of construction Mechanical, electrical, sanitary and other equipment located in this house outside Basements or indoors and serving more than one room And other facilities intended for the maintenance, operation and improvement of an apartment building (transformer substations, collective parking lots, garages, children's and sports grounds). Real estate objects that may be managed by the HOA (Article 136 of the Housing Code of the Russian Federation) - maintaining the required technical and sanitary condition of the building; - providing homeowners with conditions for safe and comfortable living; - minimizing the cost of maintenance and utilities; -obtaining additional financing through economic activity; -provision of additional services to residents; - representing the interests of owners in relations with third parties; - joint control over compliance with the rules of residence. Establishment of a homeowners' association will allow: - to more accurately determine the legal rights of tenants and ensure their legal protection; - create a workable decision-making mechanism related to the repair and operation of the house and individual apartments; - improve the quality of house maintenance, which, in turn, will increase the initial cost of apartments; - take part in the target program for the overhaul; - to give each tenant the opportunity to participate in decision-making on housing management. At the same time, we should not forget that the creation of a partnership is not just a technical operation for paperwork, but a step towards changing the consciousness and psychology of residents, their attitude to property. To ensure the creation and operation of the HOA, the preparation of a certain set of documents is required, the development and execution of which is regulated by the legislation of the Russian Federation. Rights of an association of homeowners Rights of an association of homeowners (Part 2, Article 137 of the LC RF) HOW TO CREATE A HOA? The decision to create an HOA can only be made by the owners of the premises of an apartment building and only at a general meeting. To hold a general meeting, it is necessary to notify all owners by posting announcements at the entrances, stands and other special places. The announcement must include the date, time and place of the meeting, agenda items and information (full name, address, contact phone number) about the person who is the initiator of the meeting. If the house has non-privatized apartments and non-residential premises, then a representative of the Committee for Property Management and Land Relations of the city of Kopeysk should be invited to the meeting. True, most likely he will not come, and then someone from the initiative group will need to obtain a power of attorney to represent this body at the meeting. The meeting is recognized as legitimate if at least fifty percent plus one vote of the owners have confirmed their participation in it. Registration of residents of the house at the general organizational meeting is carried out by members of the initiative group. The meeting is considered eligible if more than half of the owners of residential and non-residential premises are present at it. According to the law, the chairman of the first organizational meeting is the initiator of the meeting, who bears the main burden. At the meeting, you need to tell the residents of the house about what an HOA is, what are the goals of its creation, the advantages of HOA members, what problems they may face, what support they can receive from local authorities. The general meeting elects the board of the HOA, which will carry out the current work on managing the house. The meeting determines how the chairman of the board of the HOA is elected. If by voting at the general meeting, then the chairman is immediately elected. Further, all the work on registration and management of the house is taken over by the board and the chairman of the HOA. Data on the holding of the meeting shall be recorded in minutes No. 1 of the general meeting. The following sections should be reflected in the extract from protocol No. 1: Listened. Decided. Voted. In the "voted" section, you must indicate the number of "for", "against", "abstained" as a percentage of votes (shares). Each owner has at the general meeting the number of votes proportional to the share of his apartment in the total area of apartments in the building. An extract from minutes No. 1 is signed by the chairman and secretary of the meeting. TO CREATE A HOA, IT IS NECESSARY: - To create an initiative group; - Obtain a preliminary consent to the creation of the HOA of the majority of the residents of the house and agree with them on participation in the meeting; - Obtain from each resident of the house a confirmation of ownership of real estate (Appendix No. 1); - Prepare a draft Charter; - Familiarize residents with the draft Charter; - Notify residents of the general meeting; - Organize and conduct a general meeting; - Elect the board of the HOA and the chairman of the board, if so established in the Charter; - Prepare a set of documents for the creation and registration of the HOA. STAGES OF CREATING A HOA Creation of an initiative group Confirmation by the homeowner of his ownership of real estateConfirmation of the participation of the homeowner in the general meeting with his signaturePreparation of the draft Charter by the initiative groupFamiliarization of the residents with the draft CharterNotification of the residents of the general meetingOrganization and holding of the general meetingElection of the board of the HOAElection of the chairman of the boardDevelopment of a set of documents for the creation of the HOA Competence of the general meeting of owners housing (art. 145 of the Housing Code of the Russian Federation) Issues within the competence of the general meeting of members of the HOA (decisions on which are taken by a majority vote of the total number of votes of the members of the partnership present at the general meeting or their representatives) restoration and repair of common property Election of the board and the audit commission (auditor) of the partnership Approval of the annual plan on the financial activities of the partnership and a report on the implementation of such a plan Establishment of the amount of mandatory payments and contributions of members of the partnership Consideration of complaints against the actions of the board of the HOA, the chairman of the board of the HOA and the audit commission (auditor) of the HOA Adoption and change, on the proposal of the chairman of the board of the HOA, of the internal regulations of the HOA in relation to employees whose duties include servicing the apartment building, provisions on remuneration for their work Determining the amount of remuneration for members of the board of the partnership by at least two-thirds of the total number of votes of the members of the partnership) Making decisions on the reorganization and liquidation of the HOA Determining the directions for using the income from the economic activities of the HOA Making a decision on obtaining borrowed funds, including bank loans Making decisions on leasing or transferring other rights to a common property HOW TO REGISTER HOA? In order for the homeowners association you created to acquire the right to take all the necessary actions to dispose and manage the house, you need to go through the registration procedure. In accordance with the Civil (Art. 51) and Housing (Clause 3, Art. 136) codes, the HOA is a legal entity, therefore, is subject to state registration. State registration of HOAs is now carried out only in accordance with the Federal Law on the Registration of Legal Entities and Individual Entrepreneurs. On the basis of this Law, the registration of the HOA is carried out by the territorial body of the Federal Tax Service at the location of the HOA within five days from the date of submission of all necessary documents. According to Art. 12 of the Federal Law on registration, the following documents must be submitted to the registration authority: a) an application for state registration signed by the applicant in form 11001. This application must contain information about the newly created HOA: - name; - address (it is the address of the chairman of the board of the HOA, which should also be reflected in the charter); - types of economic activity in accordance with the charter of the HOA; - information about the person who has the right to act on behalf of the HOA without a power of attorney (he is the chairman), and about the founders, who, in order to create the HOA, are elected members of the board; - also in the application it is necessary to certify the signature of the applicant in a notarial order; b) a decision to establish a legal entity in the form of minutes of the general meeting; c) constituent documents (for HOAs this is the charter); e) a document confirming the payment of the state fee (2000 rubles. ). It should be noted that the registration authority is not entitled to require the submission of other documents, except for those established by the Registration Law. The HOA is considered to be created from the moment of making an entry on the creation in the Unified State Register of Legal Entities in the Unified State Register of Legal Entities). Within one working day from the date of making an entry on the creation of the HOA in the state register, the registering authority sends (issues) to the applicant a document confirming the fact of making such an entry, and within no more than five working days from the date of state registration, independently transfers information about the creation of the HOA to state off-budget funds. In accordance with paragraph 1 of Art. 23 of the Law on Registration, refusal to register an HOA is possible only in the presence of two circumstances: - failure to submit the documents necessary for state registration; - submission of documents to the wrong registration authority. The period for making a decision on refusal is equal to the period of state registration, which means it is five days. The procedure for registering an HOA Preparation of a set of documents for registration Payment of state duty Submission of an application from the prepared package of documents to the territorial body of the Federal Tax Service Registration of an HOA Refusal to register Issuance of a certificate of entry into the Unified State Register of Legal Entities Correction of the package of documents WHO WILL MANAGE THE HOA? The life support of a multi-storey building is a complex and multifaceted matter. It includes the maintenance, repair and maintenance of various systems, networks, the organization of garbage collection and cleaning of entrances, the calculation of tariffs for heat and contracts with its suppliers ... All this is the sphere of application of forces, experience, knowledge and enthusiasm of members of the board of the HOA and, above all of everything, its chairman. There is no clearly developed provision on the rights and duties of the chairman and board of the HOA. Usually itself defines their circle. It is necessary to clearly define what the elected chairman is responsible for and what responsibility the chairman elected by the meeting bears. This will make it possible to objectively evaluate the activities of the chairman and at the same time protect him from unlawful, excessive demands from members of the HOA. The powers of the board are determined by legislative acts and are directly indicated in the Articles of Association of the partnership. The position on the work of the chairman must be approved at the general meeting of members of the HOA in the form of a job description of the chairman of the partnership. And what it will be depends on the residents of the house themselves. The Provision proposed by us in Appendix No. 5 is based on the existing experience of already operating HOAs. Obligations of a homeowners association (art. 138 LC RF) ELECTION OF THE CHAIRMAN OF THE HOA AND HIM REMOVAL FROM POSITION As we have already said, the chairman of the board is an elected person. The charter of the partnership determines the procedure for its election. He can be elected directly at the general meeting of the members of the partnership or from the board. In the first case, the chairman is considered elected if the majority of those present at the general meeting voted for him, where the quorum was observed (more than half of the members of the HOA). In the second case - if the majority of board members voted for him. The chairman, elected by the general meeting, can only be removed from the leadership by the decision of the general meeting, again if there is a quorum. It is also necessary to organize a meeting if the chairman, on his own initiative, decides to resign his position, in a way to resign. The reality is that it is problematic to provide a quorum at the general meeting of members of the HOA. Therefore, practice shows that it is easier and more efficient to fix in the Charter the procedure for electing a chairman from the board: then it has the right to re-elect him, and there is no need to organize a general meeting for this. LIABILITY OF THE BOARD OF THE HOA AND ITS CHAIRMAN Members of the board of the HOA, the chairman of the board, the managing organization or the managing person - all of them are liable to the HOA for losses caused by their guilty actions (inaction). The liability of several persons is joint and several. Board members who voted against such decisions or did not vote at all are not responsible. Any owner or group of owners who is a member of the HOA can apply to the court with a claim against persons belonging to the governing bodies of the HOA. Obligations of the board of a homeowners' association (Article 148 of the Housing Code of the Russian Federation) MANAGEMENT OF THE HOA A homeowners' association of a house (or a group of houses) can create its own house management. It will be called the HOA's own service for the operation of a house (or a group of houses), this service will itself select the most profitable contractors for the repair and maintenance of the housing stock, conclude contracts for the supply of heat, garbage collection, etc. In this case, the HOA, on the basis of an agreement concluded with its own operational service, will be able to fully control and direct its work. WHAT DO YOU NEED TO KNOW AS A BEGINNER HOA? Have you purchased an apartment in a building managed by an HOA? Congratulations! But in this case, keep in mind that you automatically accept all the rules of the game and agree in advance with the decision of the majority of new neighbors about the form and procedure for managing the house. Your consent must be informed. Be sure to read the terms and conditions of your current residence. Better yet, if you were able to do this before purchasing a home: in this case, you will not tell yourself that you bought a pig in a poke. Whom to go to for information? Of course, to the chairman of the HOA. He is obliged to provide you with the following documents: - an application for membership in the HOA (see Appendix No. 2); - a memo to the person who purchased an apartment in the HOA building (see Appendix No. 3); - charter of the partnership; - cost estimate of the HOA; - cost calculations for the services provided or regulatory documents on the basis of which rates and tariffs are set; - payment obligation (see Appendix No. 4). When buying an apartment in a building managed by an HOA, the chairman is simply an irreplaceable person for you. From him you can get other documents you need to complete the transaction: - data on the presence or absence of arrears in payment of expenses for the maintenance of the apartment and common property; - information on insurance of common property (if any); - financial report of the HOA for the last quarter (year); - information about upcoming capital costs, fees and savings that may arise in connection with these costs. CAN HOA CURE RATE GROWTH? The structure of payment for residential premises includes: Payment for the use of residential premises. Residents of non-privatized apartments pay rent, and homeowners pay property tax. Payment for the maintenance and repair of residential premises, which may include payment for services and work on the management of an apartment building, maintenance and current repairs of common property (Fig. 2). Here everyone pays the same, because. services for the management of a residential building, maintenance and current repairs of common property are the same for both forms of ownership: private and municipal. It is important to remember that the overhaul of common property is carried out at the expense of the owner of the premises and is not included in this payment. Payment for utilities. Various organizations supply heat, water and electricity to our house. Such services, of course, must be paid for by us. How much do you need to pay? According to the first and third articles, the amounts of payments depend on the standards established by state authorities and local self-government. As for the second article, here we can significantly save. How? Today we have the opportunity to determine exactly for each house - how much money to collect under this article and how to dispose of it so that they are spent wisely. There is a tool for this - HOA. But here the question arises: is the savings under the second article worth the hassle associated with the organization and work of the HOA? Our quality of life depends entirely on who is at the helm - on the chairman. The difference in payment for the same apartments in nearby houses can be many times! A good chairman is a reasonable rent, clean entrances, uninterrupted heat and water supply. Bad is the opposite. The more competent, energetic, meticulous the head of the HOA is, the more savings we will receive under the second article. This is not surprising, because we manage our good (through a person we trust and who is worthy of our trust) much more economically. rice. 2 Fee for the maintenance and repair of residential premises Established in the amount that ensures the maintenance of common property in an apartment building, in accordance with the requirements of the law The amount of payment for the maintenance and repair of residential premises in an apartment building in which there is no HOA or housing cooperative (LC) or other specialized consumer cooperative. The amount of payment for the maintenance and repair of residential premises in an apartment building is determined taking into account the proposals of the managing organization and is established for a period of at least one year housing stock and the amount of payment for the maintenance and repair of residential premises for owners of residential premises who have not decided on the choice of the method of managing an apartment building The amount of payment for citizens living in residential premises of social service buildings, funds for temporary settlement of internally displaced persons and persons recognized as refugees , as well as in dormitories, if several citizens live in one room in a dormitory The amount of mandatory payments and (or) contributions of members of a homeowners association or housing cooperative (LC) or other specialized consumer cooperative, related to the payment of expenses for the maintenance and repair of common property in an apartment building. It is determined at a general meeting of owners of premises in such a house. Local authorities (in the constituent entities of the Russian Federation - federal cities of Moscow and St. specialized consumer cooperative (SPK) in accordance with the charter of the HOA or the charter of the housing cooperative (LC) or the charter of another SEC Appendix No. 1 Title documents for an apartment They confirm the right of ownership or other real right to housing. These documents must be kept directly with the landlord. In case of their loss, you must immediately report this to the registration chamber and obtain duplicates. Title documents include: 1. Certificate of ownership of housing. 2. Certificate of the right to inherit by will. 3. Certificate of the right to inheritance by law. 4. Purchase and sale agreement. 5. Donation agreement. 6. Exchange agreement. 7. Contract of rent. 8. A copy of the court decision that has entered into legal force. Appendix No. 2 to the General Meeting of Members of the HOA "_____________________________________" (name) from _________________________ (full name of the applicant) residing at: ___________________ Application for joining the HOA I ask you to accept me as a member of the HOA "________________". I am familiar with the Charter and rules and undertake to comply with them. ""____________________ 200, signature_____________________ Appendix No. 3 MEMO to those who have acquired an apartment in the house of the HOA By purchasing an apartment in the house at the address: _________, you are obliged to: Submit to the board of the partnership the original and a copy of the title documents for residential (non-residential) premises. A copy of the submitted document remains in the accounting department of the board. 2. Conclude an agreement or an agreement with the partnership on the maintenance and repair of the common property of the house. Participate in the costs and make mandatory payments necessary to cover the costs associated with the management, maintenance, reconstruction, operation and overhaul of the real estate of a residential building, in proportion to the size of the occupied area or participation shares. If serious malfunctions are found in the apartment, immediately take all possible measures to eliminate them. Report a malfunction to the ODS dispatcher (unified dispatching service), if an agreement has been concluded with it, or to the house manager. Keep order in the entrances, elevator cabins, stairwells and other common areas. Comply with fire safety rules (blockage of corridors, passages, emergency exits, etc. is prohibited). In case of non-compliance with fire safety rules, administrative sanctions are applied to those responsible. Do not re-equip, re-plan residential, utility rooms, as well as common areas without obtaining the appropriate permission from the local government. Failure to comply with these rules will result in administrative sanctions. 8. To make monthly, no later than the tenth day of the following month, payment for housing, utilities and other services provided for by contracts and decisions of the general meeting of the HOA. 9. Allow employees of operating organizations and members of the board to enter the occupied living quarters. 10. When disposing of the residential premises, notify the other party (buyer, tenant, etc.) of the existence of contractual obligations and debts on them. In the event of leaks on plumbing equipment, immediately report to the dispatch service (if there is a contractual relationship) to eliminate the accident or to the house manager to draw up an act confirming the fact of the bay. 12. Report to the accounting department of the partnership information about the change in the number of people living in the apartment. Submit to the accounting department of the partnership documents confirming the right to benefits: a certificate or certificates. They must be renewed annually, unless otherwise stipulated by applicable law. You must submit applications for the maintenance of your apartment to the dispatch service or the building manager. If your application is not fulfilled, check the registration log whether it is marked there or not. If the application is not registered, request it be done and report the incident to the board. If the application is registered but not completed, please contact the board with an application. If you are away for a long time, please provide the board with the phone number of your close relatives or acquaintances who can be contacted in case of an emergency in your apartment. Phone of the board: Phone of the UDS: Phone of the district inspector Phone of the state Kopeysk region Board I am familiar with the memo. I undertake to comply with the requirements set out in the memo. Tenant of apartment No. (signature) (Full name) Appendix No. 4 Obligation for payments Kopeysk ""200g. I, ____________________________________, residing at: __ (last name, first name, patronymic - in full) ________________________________ __ I undertake: 1. To use the purchased residential (non-residential) premises in the house of the HOA "____" for residential (non-residential) purposes (strike out unnecessary). At its own expense, pay the costs of overhaul, maintenance and current repairs of the house, its engineering equipment and adjacent territory, as well as utilities (water supply, sewerage, heat supply, hot water supply, gas supply, electricity supply, household waste removal, maintenance of elevator facilities, etc. ) and other services in the manner prescribed by law. At the expense of own funds, pay the expenses provided for by the estimate of the HOA, as well as the contract (agreement) on the maintenance and repair of common property. Payment of expenses for major repairs, for the maintenance and current repairs of the house, its engineering equipment and adjacent territory, as well as utilities (water supply, sewerage, heat supply, hot water supply, gas supply, electricity, household waste removal, maintenance of elevator facilities, etc.) and others services to be performed no later than the 10th day of the current month for the past month. If the deadlines for fulfilling these obligations are not met, I undertake to pay penalties in the amount equal to the refinancing rate established by the Central Bank of the Russian Federation on the overdue payment amount for each day of delay. I am notified that in case of failure to fulfill the obligations specified in the agreement, I will bear the responsibility provided for by this agreement and the current legislation of the Russian Federation. Signature of the owner (owner) Appendix No. 5 Job description of the chairman of the board of the HOA 1. GENERAL PROVISIONS The chairman is an elected person endowed with managerial powers. Chairman of the HOA: - may be elected or re-elected directly at the general meeting or from among the members of the board by voting, for a period established by the Charter of the partnership, but not more than two years; - supervises the activities of the board, in connection with which he has the right to give instructions and instructions to all officials of the partnership, which are binding on them; - ensures the implementation of decisions of the general meeting and the board; acts and signs on behalf of the partnership payment documents and makes transactions that, in accordance with the current legislation, the Charter of the partnership, are first subject to mandatory approval by the board or general meeting; - develops and submits for approval by the general meeting the rules of the internal regulations for the work of the board and service personnel of the partnership, as well as the regulation on remuneration for their work; - is guided in its work by legislative and regulatory acts, the Articles of Association of the partnership, these regulations, decisions of the general meeting, the board and other documents; - is a representative of the partnership without a power of attorney in all executive, representative and judicial authorities. 2. RESPONSIBILITIES OF THE CHAIRMAN OF THE BOARD The Chairman of the Board is obliged to: 1. Study and know: legislative acts of the Russian Federation, a constituent entity of the Russian Federation, the Charter of the HOA, these instructions, contracts for the maintenance and provision of communal and other services, as well as other documents related to the activities of the HOA . 2. Organize the activities of the board in accordance with the current legislation, the requirements of the Charter of the HOA and the decisions of the general meeting and the board. 3. Perform the functions of organizing the maintenance and repair of the house, as well as the provision of utilities and other services to members of the HOA. 4. Control the provision of utilities and other services of the established quality to the residents of the house. 5. Provide residents of the house in the prescribed manner with the recalculation of payments for the provision of utility services of poor quality or their non-provision. 6. Obtain from service organizations the performance of repair work, maintenance of equipment in the premises of the house. 7. Ensure the storage of copies of title documents confirming the ownership rights of HOA members to residential and non-residential premises. 8. Ensure accounting and storage of economic and other contracts related to the activities of the HOA. 9. Issue, within the limits of its authority, settlement documents for the services provided, certificates, extracts, acts, copies of personal accounts and other documents to residents of the house. 10. Represent the interests of the HOA in state, municipal and other institutions related to the management and operation of the house. 12. Keep relevant technical documentation for the house, control the preparation of accounting, statistical and other reporting, conduct banking operations. 13. Manage and control the activities of the accounting department. 14. Check the correctness of settlements with the residents of the house for payment of housing, utilities and other services, as well as the fulfillment of their payment obligations. 15. Timely inform the supervisory authorities about unauthorized re-equipment and redevelopment by residents of the house of common areas, residential and non-residential premises. 16. To carry out periodic monitoring of the state of structures, engineering equipment and external improvement of the house. Monthly: personally supervise the cleaning of the territory of the household, common areas; together with the manager (management company: hereinafter referred to as the manager) or a member of the board, check the condition of the roof of the house, technical floors and drainage systems; together with the manager or a member of the board, check the condition of engineering equipment on technical floors and basements. The chairman of the board reports all identified malfunctions to the service organization and requires them to be eliminated. 17. Prepare and summarize proposals for the maintenance and preservation of the house. 18. Keep a reception of the residents of the house, as well as record and register complaints and applications received from them regarding the management of the house, paperwork, registration and correctness of payments, consider them personally and make decisions. 19. To exercise control over the current or major repairs of the building. If necessary, involve specialists from third-party organizations. 20. Organize the purchase of materials and equipment necessary for the current repair and maintenance of the house. 21. Control the maintenance of the journal of accounting and movement of material assets belonging to the HOA. 22. Organize staff training. 23. Supervise the work of the manager and help him in cases provided for by safety regulations when performing complex work. 24. Prepare acts for the write-off of material resources and submit them for approval to the board. 25. Participate in the work of inventory commissions. 26. Draw up a quarterly work plan with mandatory reporting on its implementation to the board at the end of the quarter. 27. Approve documents in accordance with the established procedure for the members of the HOA to obtain permission for the redevelopment of residential and non-residential premises and their re-equipment (installation, connection and use of electrical appliances and machines with a power exceeding the technological capabilities of the intra-house electrical network, additional sections of heating devices, control and shut-off valves; connection and use of household appliances and equipment, including individual water purification devices that do not have technical passports (certificates). 29. Use, by decision of the general meeting and the board, non-residential premises in the interests of the HOA, without infringing on the rights of the residents of the house. 30. At the request of the residents of the house, present documents regulating the activities of the partnership. decisions that are contrary to the current legislation, demand the cancellation of these decisions. 33. Require residents of apartments to timely contact a service organization if they detect malfunctions of in-house equipment (fistulas, rust, leaks, etc.) and load-bearing walls (chips, cracks, etc.). Rights of the chairman The chairman of the board has the right to: 1. Conclude on behalf of the partnership and with the permission of the board: business contracts with resource-supplying and service organizations, as well as organizations providing utilities and other services; agreements on the transfer of management rights, joint ownership of the house and equity participation in the costs of its maintenance, repair and management with homeowners. 2. Exercise control over the intended use by the owners of their (residential and non-residential) premises and apply measures that do not contradict the norms of the current legislation in cases where these premises are not used for their intended purpose. 3. In cases of an emergency in a room owned by individuals or legal entities (in the absence of the owner at the time of the accident), threatening damage to the property of other owners and owners of the house, has the right to enter the room with the consent of the owner. 4. In accordance with the procedure established by law, reimburse the HOA for losses incurred as a result of a violation by the owner of the statutory obligations or obligations provided for in the Agreement on the transfer of rights to manage, joint ownership of the house and share participation in the costs of its maintenance, repair and management, as well as other losses caused by the homeowner HOA. 5. Carry out the selection of personnel with its subsequent approval at a meeting of the board. 6. Manage the activities of the staff. 7. Give individual instructions to members of the board and demand their implementation. 8. Possess a decisive vote in voting at a meeting of the board in case of equality of votes. 9. Early release of the position. The chairman of the board may additionally be granted the following rights by the board: - independently manage a certain amount of money established by the decision of the general meeting of the partnership to pay for office supplies, registration fees, etc.; - personally represent the interests of the partnership in all judicial, state, public and other organizations; - bring claims to the court in case of non-fulfillment by the members of the partnership of their obligations or violation of the law by them; - draw up and issue documents of established samples to the residents of the house; - to carry out the selection of personnel; - single-handedly manage the activities of the staff; - select contractors. The Chairman of the Board is not entitled to: - Make payments that are not approved by the Board, as well as not provided for by the estimate. - To enter the apartments of the tenants of the house without their will. - Dismiss employees without the decision of the board. - Implement the decisions of the general meeting and the board, if they contradict the current legislation. - Conclude agreements without a decision of the board, unless otherwise provided by the Charter or job description. Responsibility of the Chairman of the Board. The chairman of the board is personally responsible for: - organization of office work in the board; - organization of accounting and storage of documentation; - the correctness of the conclusion of contracts; - failure to make decisions on the maintenance and operation of home repairs; - timeliness and completeness of payment of taxes and other obligatory payments. The chairman of the board is dismissed from his position in case of failure to fulfill the duties provided for by this job description, as well as on the grounds set forth in the Labor Code of the Russian Federation. The chairman of the board to a very large extent depends on how comfortable and peaceful each of us will live in our common house. Therefore, a random person cannot be the chairman. The candidate for this position must possess certain qualities and knowledge. It is desirable that he has: - higher (at least secondary) education, - experience in a similar position for at least one year, - completed courses in the management, maintenance, maintenance and repair of residential buildings. The rights of citizens to receive subsidies Members of the HOA, like all other citizens, have the right to use a subsidy to pay for housing and utilities. On the basis of the Housing Code of the Russian Federation, the following are entitled to subsidies: 1. users of residential premises of the state and municipal housing stock, 2. tenants under contracts for renting residential premises of private housing stock, 3. members of housing cooperatives, 4. owners of residential premises. The main conditions for obtaining a subsidy include: 1. if the cost of paying for housing and utilities exceeds the maximum allowable share of citizens' expenses for their payment, depending on the total family income, 2. if citizens have no debt to pay for housing and utilities, 3. if there is an agreement concluded and being implemented by citizens to pay off debts for paying for housing and utilities. Subsidies are provided by social protection authorities at the place of residence of citizens.

May 19, 2009 Sofia Kalmykova: Only the owner of the dwelling fully determines the fate of his dwelling. The owner is the rightful owner of the apartment. But other citizens, for example, members of the owner's family, can live in the apartment together with the owner. And what rights do they have? Can the owner easily kick objectionable relatives out of the apartment and how easy is it to do? Let's try to understand these issues.

Rights and obligations of apartment owners

In accordance with the Housing Code of the Russian Federation, the owner has the right to own, use and dispose of his residential premises in accordance with its purpose.

In accordance with Art. 17 of the Housing Code, the dwelling is intended for living. But you can not only live in an apartment, you can carry out professional activities in it. The owner (or his relatives) can create a studio in the apartment, or adapt the room for tailoring, or simply work at home at the computer. But such use of housing should not violate the rights and affect the legitimate interests of those living nearby.

The owner of the apartment has the right not only to live and engage in professional activities in his apartment, he also has the right to rent out his property, and not only to citizens, but also to a legal entity. In this case, a lease agreement must be concluded with the legal entity, and the apartment provided under the lease agreement can only be used for the residence of citizens, for example, employees of the organization.

In addition to rights, the owner also has responsibilities, which everyone probably knows about. He bears the burden of maintaining his property. That is, he is obliged to make timely repairs in the apartment, pay for utilities, pay taxes established by law. You will have to pay not only an apartment, but also common property in an apartment building.

Who is the owner's family member?

In addition to the owner, other citizens can also live with him, who, although they are not co-owners of the dwelling, are, in accordance with the law, called members of the owner's family.

The family members of the owner include his spouse living together with the owner of the apartment, as well as children and parents. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are settled by the owner as family members. That is, if the owner has registered people in the apartment, then they (in the legal sense) are automatically equated to members of his family.

The law establishes that family members have the right to use the apartment on an equal basis with the owner. They are also required to use the premises for their intended purpose and ensure the safety of the apartment. Citizens with active and limited legal capacity shall be jointly and severally liable with the owner for the obligations arising from the right of use. They are also required to pay utility bills and participate in other mandatory payments for the maintenance of property. The exception is the tax on the apartment, which lies only on the owner of the property.

If you become a former family member…

Surely everyone has heard about the norm of the law, which provides that upon termination of family relations, the former member of the owner's family loses the right to use the apartment - this is provided for in paragraph 4 of Art. 31 LCD RF.

Most of all, the termination of family relations is applicable to spouses. Let's say the spouse is the owner of the apartment, and the spouse is registered with him. What will happen to the rights of the spouse if the marriage breaks up? By law, she will lose the right to use the premises. Does she have any hope of living at least temporarily in her former apartment?

Do not rush to be deregistered, that is, do not sign out. Registration gives you the right to live in an apartment legally, and without your consent, the owner will not be able to write you out. It is possible to remove a citizen from the registration at the place of residence only if he is discharged voluntarily or by a court decision.

If the case went to court, then you need to know about the following. The law provides that if the former family member of the owner has no other housing (well, there is nowhere for a person to go!), And also if the property status of the former family member and other noteworthy circumstances do not allow him to provide himself with other housing, then the right to use the apartment can be retained for a certain period of time based on a court decision. Unfortunately, the specific period during which you can still live in an apartment has not been determined, in each case the court will decide this issue individually.

The Housing Code also provides that the court has the right to oblige the owner of the dwelling to provide other housing for the ex-spouse and other members of his family, in whose favor the owner fulfills maintenance obligations, at their request.

If the court makes a decision that allows the former family member to live in the apartment, then the owner will not be able to evict him in any way. Although the owner still has one chance for eviction: before the expiration of the specified period, it is possible to evict only if the owner sells (donates, etc.) the indicated apartment. But again, this will have to go to court.

And what if a child was born in marriage? After all, most often children after a divorce remain with their mothers. Is the child recognized as a former member of the owner's family?

Unfortunately, after the entry into force of the Housing Code of the Russian Federation, or rather, paragraph 4 of Art. 31 of the Housing Code of the Russian Federation, the courts thought exactly that - they recognized the child as a former member of the owner's family and evicted them along with their mothers to the street. An example of this is contained in the Review of Judicial Practice of the Supreme Court of the Russian Federation for the 3rd quarter of 2005, where paragraph 18 explicitly states: “Thus, if a child, by agreement of the parents, remains to live with a parent who does not own housing, he is a former member the family of the owner of the dwelling and is subject to eviction together with the former spouse on the basis and in the manner prescribed by Part 4 of Art. 31 LC RF".

In 2007, this opinion was recognized as erroneous, and paragraph 18 of the above-mentioned Review of the Supreme Court was declared invalid.

Now the legislation answers the question of the rights of the child as follows:

“Does the child retain the right to use the living quarters owned by one of the parents after the parents divorce?

Answer: According to Part 4 of Art. 31 of the Housing Code of the Russian Federation, in the event of termination of family relations with the owner of the dwelling, the right to use this dwelling for the former family member of the owner of this dwelling is not retained, unless otherwise established by agreement between the owner and the former member of his family.

At the same time, in accordance with the Family Code of the Russian Federation, the child has the right to protection of his rights and legitimate interests, which is carried out by parents (clause 1, article 56 of the RF IC). Parents are responsible for the upbringing and development of their children, they are obliged to take care of the health, physical, mental, spiritual and moral development of their children (paragraph 1 of article 63 of the Code).

The above rights of the child and the obligations of his parents shall be preserved even after the dissolution of the marriage of the child's parents.

Based on this, depriving a child of the right to use the living quarters of one of the parents - the owner of this premises may entail a violation of the rights of the child.

Therefore, by virtue of the provisions of the Family Code of the Russian Federation on the obligations of parents in relation to their children, the right to use a dwelling owned by one of the parents must be retained by the child even after the dissolution of the marriage between his parents.

Privatization and former family members

When privatizing a dwelling, citizens have the right both to become owners of the apartment and not to become them.

If the spouses decide to privatize the apartment, but at the same time one of them becomes the owner of the apartment, and the second refuses to privatize, then they should know: paragraph 4 of Art. 31 of the Housing Code does not apply in this case! That is, even if the spouses decide to divorce, the former spouse of the owner will still have the right to use the premises.

Photo: photobank "Lori"

In Moscow and other Russian cities, this is a fairly simple procedure. But at the same time, there can often be several owners of such housing. And then the question arises about the division of jointly privatized property.

Who is the owner of the privatized apartment?

The owner of such housing is a person who lived on this area in accordance with a social tenancy agreement. This takes into account only permanent residence. Also, the owner of a privatized apartment is the one who participated in the process of transferring real estate from the city fund to personal use.

If a family of several people lived in the apartment on a permanent basis (until the moment of privatization), then they can all become its owners. And in the case when the property was privatized in the process of marriage, the husband and wife have absolutely equal rights to it.

How is a privatized apartment divided among the owners?

In this, two scenarios can be distinguished: the division of property through the court and the division with the help of a special agreement. Moreover, the second option is possible only when the owners do not have any claims against each other.

In the case of division by court, all homeowners receive one room in the apartment. The common areas are:

Bathroom

Corridor (entrance hall)

If there are more owners of the apartment than living rooms, or if we are talking about one-room housing, then here the property is divided equally. But at the same time, there is no question of delimiting rooms. That is, all owners have equal rights to all housing. and the proceeds are divided equally.

As for the settlement of relations with the help of a contract, it is necessary to draw up an agreement with the help of a notary. And then, register this agreement with the justice authorities. You just need to write down what each party is supposed to do. Absolutely any homeowners who are over 18 years old can conclude such a “world agreement”.

It is worth noting that if one of the owners has minor children, then it will not be possible to do without a court in this matter.

Spouses and division of the apartment

If during privatization both spouses lived in an apartment on a permanent basis, then during a divorce it is divided into two equal parts. But if the property passed into the personal property of the spouse (wife) before marriage, then the second family member has no rights to it.

Also, if privatization is framed for one spouse, then the second also cannot count on his share in the apartment.

But we must not forget about the children. After all, even if the apartment is wholly owned by one side, then the joint children of the spouses also have the right to this property. And if the family member with whom the children were left is deprived of such rights, then he receives them at the expense of his wards.

Like any jointly acquired property, privatized housing is divided among all its owners in equal parts. Here everyone is absolutely equal. Therefore, do not be afraid that your honestly acquired apartment will someday be sued by your co-owner.