Article 110. Housing and housing construction cooperatives
1. A housing or housing construction cooperative is recognized as a voluntary association of citizens and, in cases established by this Code and other federal laws, of legal entities on the basis of membership in order to meet the needs of citizens for housing, as well as the management of an apartment building.
1.1. This Code determines the legal status of housing and housing-construction cooperatives, including the specifics of their civil legal status (clause 4 of Article 49 of the Civil Code of the Russian Federation).
(Part 1.1 introduced by Federal Law No. 7-FZ dated January 31, 2016)
2. Members of a housing cooperative with their own funds participate in the acquisition, reconstruction and subsequent maintenance of an apartment building. When reconstructing an apartment building, a housing cooperative, in accordance with the legislation on urban planning, acts as a developer and ensures the reconstruction of this house on its land plot in accordance with the building permit issued to such a cooperative.
(Part 2 as amended by Federal Law No. 349-FZ dated November 30, 2011)
3. Members of a housing construction cooperative with their own funds participate in the construction, reconstruction and subsequent maintenance of an apartment building. A housing construction cooperative, in accordance with the legislation on urban planning, acts as a developer and ensures the construction and reconstruction of an apartment building on its land plot in accordance with the building permit issued to such a cooperative. A housing construction cooperative, with the exception of housing construction cooperatives, the creation of which is provided for by Federal Law No. 161-FZ of July 24, 2008 “On Promoting the Development of Housing Construction,” does not have the right to simultaneously construct more than one apartment building with more than three floors.
(as amended by Federal Laws No. 349-FZ dated November 30, 2011, No. 236-FZ dated July 13, 2015)
4. Housing and housing-construction cooperatives (hereinafter also referred to as housing cooperatives) are consumer cooperatives.
5. The provisions of this chapter do not apply to other specialized consumer cooperatives created to meet the housing needs of citizens in accordance with federal laws on such cooperatives. The procedure for the creation and activities of such cooperatives, the legal status of their members are determined by the specified federal laws.
6. If the owners of premises in an apartment building choose a method of managing the apartment building by a housing cooperative, within five working days from the date of the decision on state registration of the housing cooperative by the body carrying out state registration of legal entities, the housing cooperative shall submit information about the choice of method to the state housing supervision body management of an apartment building by a housing cooperative in the manner established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.
(Part 6 introduced by Federal Law No. 485-FZ dated December 31, 2017)
7. If the general meeting of owners of premises in an apartment building makes a decision to change the method of managing the apartment building by the housing cooperative, within five working days from the date of adoption of this decision, the housing cooperative shall submit to the state housing supervision body information about the termination of management of the apartment building by the housing cooperative in the manner established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.
(Part 7 introduced by Federal Law No. 485-FZ dated December 31, 2017)
1. A member of a housing cooperative may be:
1) a citizen who has reached the age of sixteen;
2) a legal entity in the case established by the legislation of the Russian Federation;
3) a legal entity that is the owner of premises in an apartment building, if the housing cooperative manages the common property in this apartment building.
(Part 1 as amended by Federal Law dated November 30, 2011 No. 349-FZ)
2. The categories of citizens specified in Article 49 of this Code have a preferential right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation or local governments.
1. The number of members of a housing cooperative cannot be less than five, but should not exceed the number of residential premises in an apartment building being built or acquired by the cooperative.
2. The decision to organize a housing cooperative is made by the meeting of founders.
3. Persons wishing to organize a housing cooperative have the right to participate in the meeting of the 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 persons wishing to join the housing cooperative (founders) voted for this decision.
5. Members of a housing cooperative from the moment of its state registration as a legal entity are persons who voted for the organization of a housing cooperative.
6. The decision of the meeting of the founders of the housing cooperative is documented 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 activities, the procedure for becoming members of the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the composition and procedure for making 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 monitoring the activities of the cooperative, the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes, the procedure for covering losses incurred by members of the cooperative, the procedure for reorganization and liquidation of the cooperative.
1.1. The charter of a housing cooperative may provide for the use of a system or other information system when resolving issues related to management in a housing cooperative, taking into account the functions of these systems.
(Part 1.1 introduced by Federal Law dated July 21, 2014 No. 263-FZ)
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.
The governing bodies of the housing cooperative are:
1) general meeting of members of the 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.
1. The highest governing body of a housing cooperative is the general meeting of members of the cooperative (conference), which is convened in the manner established by the charter of the cooperative.
2. The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative in accordance with this Code.
(introduced by Federal Law dated June 4, 2011 No. 123-FZ)
Members of the board of a housing cooperative (including the chairman of the board of the cooperative), a member of the audit commission (auditor) of the cooperative, as well as the chief accountant (an accountant in the absence of a chief accountant on staff) of the cooperative cannot be citizens:
1) having a criminal record for intentional crimes;
2) in respect of whom the period during which they are considered subject to administrative punishment in the form of disqualification has not expired;
3) who previously held the positions of head, his deputy or chief accountant (an accountant in the absence of a chief accountant on staff) of an organization operating in the field of construction, reconstruction, major repairs of capital construction projects, engineering surveys for construction, architectural and construction design, or were individual entrepreneurs who carried out activities in these areas, if such organizations, individual entrepreneurs were excluded from members of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects or were declared insolvent (bankrupt) and from the moment of such exclusion or completion of the relevant procedure applied in the insolvency (bankruptcy) case, less than three years have passed.
1. The general meeting of members of a housing cooperative is valid if more than fifty percent of the members of the cooperative are present at it. The decision of the general meeting of members of a housing cooperative, unless otherwise provided by this Code, is considered adopted provided that more than half of the members of the housing cooperative present at such general meeting voted for it, and on issues specified in the charter of the housing cooperative - more than three quarters of the members housing cooperative present at such a general meeting.
(as amended by Federal Law No. 236-FZ dated July 13, 2015)
2. The decision of the general meeting of members of a housing cooperative, adopted in the prescribed manner, is binding on all members of the housing cooperative.
3. The general meeting of members of the housing cooperative elects the management bodies of the housing cooperative and the bodies monitoring its activities.
4. The decision of the general meeting of members of the housing cooperative is documented in minutes.
5. In the case provided for in Part 1.1 of Article 113 of this Code, holding a general meeting of members of a housing cooperative using the system is carried out in compliance with the requirements established by Article 47.1 of this Code.
(Part 5 introduced by Federal Law dated July 21, 2014 No. 263-FZ)
1. The board of a housing cooperative is elected from among the members of the housing cooperative by a general meeting of members of the housing cooperative (conference) in the number and for the period determined by the charter of the cooperative.
2. The procedure for the activities of the board of a housing cooperative and the procedure for making decisions by it are established by the charter and internal documents of the cooperative (regulations, regulations or other document of the cooperative).
3. The board of a housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers not included in the competence of the general meeting of members of the cooperative by the charter of the cooperative.
4. The board of a 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 the housing cooperative from among its members for a period determined by the charter of the housing cooperative.
2. Chairman of the board of a housing cooperative:
1) ensures the implementation of decisions of the board of the cooperative;
2) without a power of attorney, acts on behalf of the cooperative, including representing its interests and making transactions;
3) exercises other powers not assigned 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 performing duties, must act in the interests of the cooperative in good faith and reasonably.
1. To exercise control over the financial and economic activities of a housing cooperative, the general meeting of members of the cooperative (conference) elects an audit commission (auditor) of the housing cooperative for a period of no more than three years. The number of members of the audit commission of a housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, or hold other positions in the management bodies of a housing cooperative.
2. The audit commission of the housing cooperative elects the chairman of the audit commission from among its members.
3. Audit commission (auditor) of a housing cooperative:
1) without fail, conducts scheduled audits of the financial and economic activities of the housing cooperative at least once a year;
2) presents to the general meeting of members of the cooperative (conference) a conclusion 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 conduct an audit of the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative.
5. The work procedure of the audit commission (auditor) 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 the housing cooperative for admission to membership in the housing cooperative.
2. An application for admission to membership in a housing cooperative must be considered within a month by the board of the housing cooperative and approved by a decision of the general meeting of members of the housing cooperative (conference). A citizen or legal entity is recognized as a member of a housing cooperative from the moment of payment of the entrance fee after the decision on admission to membership in the housing cooperative is approved by the general meeting of members of the cooperative (conference).
By decision of the general meeting of its members (conference), a housing cooperative can be transformed into a homeowners' association.
A housing cooperative may be liquidated on the grounds and in the manner provided for by civil law.
1. A housing construction cooperative, carrying out the construction of an apartment building at the expense of members of the cooperative, is obliged to place it in the unified housing construction information system provided for by Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate objects” and on amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the unified information system for housing construction), the charter of the cooperative, as well as the following documents and information:
1) the number of members of the housing construction cooperative;
2) permission for the construction of an apartment building, in the construction of which members of a housing construction cooperative participate at their own expense;
3) the rights of the housing construction cooperative to the land plot, including details of the title document for the land plot, information about the owner of the land plot (if the housing construction cooperative is not the owner of the land plot), cadastral number and area of the land plot provided for the construction of an apartment building, information about landscaping elements;
4) the location of the apartment building under construction and its description, prepared in accordance with the design documentation on the basis of which the construction permit was issued;
5) the number of residential premises in an apartment building under construction, a description of the technical characteristics of such residential premises in accordance with the design documentation, as well as changes in this information if appropriate changes are made to the design documentation;
6) the expected time frame for obtaining permission to put into operation an apartment building under construction.
2. A housing construction cooperative, at the request of a member of this cooperative, is obliged to provide for review, including using the unified housing construction information system:
(as amended by Federal Law dated December 25, 2018 N 478-FZ)
1) conclusion of an examination of project documentation, if such an examination is established by federal law;
2) design documentation, including all changes made to it;
3) documents confirming the rights of the housing construction cooperative to the land plot;
4) minutes of general meetings of members of the housing construction cooperative, meetings of its board and the audit commission (auditor) of the cooperative;
5) documents confirming the voting results, including voting ballots, and powers of attorney for participation in the general meeting of members of the housing construction cooperative or copies of such powers of attorney;
6) conclusions of the audit commission (auditor) of the housing construction cooperative;
7) other documents provided for by this Code, the charter of the housing construction cooperative, its internal documents, decisions of the general meeting of members of this cooperative.
3. A housing construction cooperative is obliged to maintain, including in the unified housing construction information system, a register of its members containing the following information:
(as amended by Federal Law dated December 25, 2018 N 478-FZ)
1) last name, first name and (if any) patronymic of a member of a housing construction cooperative or, if a member of a housing construction cooperative is a legal entity, the name of the legal entity;
2) determination, in accordance with the project documentation, of a specific residential premises, the ownership of which is acquired by a member of the housing construction cooperative in the event of payment of the share contribution in full;
3) the amount of entrance and share contributions in relation to each member of the housing construction cooperative.
4. The decision of the general meeting of members of a housing-construction cooperative on the issue of making changes to the project documentation is considered adopted provided that more than three-quarters of the members of the housing-construction cooperative present at such a general meeting vote for it.
5. In accordance with the legislation on participation in shared construction of apartment buildings and (or) other real estate, state control (supervision) in the field of shared construction of apartment buildings and (or) other real estate is carried out by the authorized executive body of the constituent entity of the Russian Federation on whose territory the construction of an apartment building is carried out (hereinafter in this chapter - the controlling body), receives information contained in the register of members of the housing construction cooperative, as well as other information provided for in this article, from the unified information system of housing construction.
(as amended by Federal Law dated December 25, 2018 N 478-FZ)
(introduced by Federal Law No. 236-FZ dated July 13, 2015)
1. Control over the activities of a housing construction cooperative related to raising funds from members of the cooperative for the construction of an apartment building, as well as over the housing construction cooperative’s compliance with the requirements of Part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code, is carried out regulatory authority. Upon completion of the construction of an apartment building and receipt of permission to put it into operation, state housing supervision is carried out in relation to housing construction cooperatives in the manner prescribed by Article 20 of this Code.
2. When exercising control, the control body has the right to:
1) receive, in the manner of interdepartmental information interaction, from the federal executive body performing the functions of generating official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and its territorial bodies, documents and information necessary to exercise control over activities of a housing construction cooperative related to raising funds from members of the cooperative for the construction of an apartment building;
(as amended by Federal Laws dated July 3, 2016 No. 304-FZ, dated July 29, 2018 No. 272-FZ)
1.1) exercise control over the housing construction cooperative’s compliance with the requirements established by Part 1 of Article 123.1 of this Code for the placement of information and documents;
(clause 1.1 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
2) receive, in the manner of interdepartmental information interaction, from local government bodies the documents and information necessary to exercise control over the activities of the housing construction cooperative related to raising funds from members of the cooperative for the construction of an apartment building by the housing construction cooperative (including documents related to the construction apartment building);
2.1) receive, in the manner of interdepartmental information interaction, from the federal executive body exercising the functions of control and supervision of compliance with legislation on taxes and fees, an extract from the unified state register of legal entities (information contained therein), documents and information necessary for the implementation of control over the activities of housing construction cooperatives related to raising funds from citizens for the construction of an apartment building by a housing construction cooperative;
(clause 2.1 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
2.2) receive, in the manner of interdepartmental information interaction, from the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs, documents and information necessary to monitor compliance with the requirements established by paragraph 1 of Article 116.1 of this Code;
(clause 2.2 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
3) carry out, in accordance with Part 4 of this article, an inspection of the activities of a housing construction cooperative related to raising funds from members of the cooperative for the construction of an apartment building;
3.1) receive, in the manner of interdepartmental information interaction, from the rights registration authority the documents and information necessary to exercise control over the activities of the housing construction cooperative related to raising funds from citizens for the construction of an apartment building by the housing construction cooperative;
(clause 3.1 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
3.2) receive from a housing construction cooperative and other persons with whom such a cooperative has entered into agreements related to the construction of an apartment building, as defined in Article 11 of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in implementation of state control (supervision) and municipal control" term documents and information that are necessary for the implementation of state control (supervision) over the activities of a housing construction cooperative related to raising funds from citizens for the construction of an apartment building by the housing construction cooperative, and the list of which is established state authorities of the constituent entities of the Russian Federation;
(clause 3.2 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
3.3) receive quarterly reports from the housing construction cooperative on the activities of the housing construction cooperative related to raising funds from citizens for the construction of an apartment building by the housing construction cooperative, including on the fulfillment by such a cooperative of its obligations to members of the cooperative and other persons, according to in the forms and in the manner established by the federal executive body authorized by the Government of the Russian Federation, as well as interim and annual accounting (financial) statements drawn up in accordance with the requirements of the legislation of the Russian Federation;
(clause 3.3 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
4) demand that the management bodies of the housing construction cooperative eliminate the identified violations;
5) consider complaints from citizens and legal entities related to violations by the housing construction cooperative of the requirements of Part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code;
5.1) take measures necessary to bring housing construction cooperatives (their officials) to responsibility established by federal laws and the legislation of the Russian Federation on administrative offenses;
(clause 5.1 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
6) apply to the court in defense of the rights and legitimate interests of members of a housing construction cooperative provided for by this chapter, who, with their own funds, participate in the construction of an apartment building, in the event of a violation of such rights and interests;
7) send binding orders to the housing construction cooperative to eliminate violations of the requirements of Part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code and set deadlines for eliminating such violations;
8) take measures necessary to bring the housing construction cooperative and its officials to responsibility established by this chapter and the legislation of the Russian Federation on administrative offenses;
9) send materials related to violations of mandatory requirements to law enforcement agencies to resolve issues of initiating criminal cases based on crimes;
(Clause 9 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
10) exercise other powers provided for by federal laws.
(Clause 10 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
3. If a housing construction cooperative fails to comply with an order to eliminate identified violations within the period established by the supervisory authority, as well as if these violations create a real threat to the rights and legitimate interests of members of the housing construction cooperative, the supervisory authority has the right to issue an order to suspend the activities of the housing construction cooperative. - a construction cooperative to attract new members of the cooperative until the housing construction cooperative eliminates the relevant violations. In the event of failure to comply with its instructions by a housing-construction cooperative, the supervisory authority has the right to apply to the court with a demand for the liquidation of this cooperative.
4. The subject of inspection of the activities of a housing construction cooperative related to raising funds from members of the cooperative for the construction of an apartment building is the housing construction cooperative’s compliance with the mandatory requirements of Part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code.
5. The basis for a scheduled inspection by a regulatory authority on the territory of a constituent entity of the Russian Federation on which construction is taking place is the expiration of one year from the date of issuance of a construction permit to a housing construction cooperative or from the date of completion of the last scheduled inspection of such a cooperative on the territory of a constituent entity of the Russian Federation, on which construction is taking place.
6. The grounds for conducting an unscheduled inspection are:
1) expiration of the deadline for the housing construction cooperative to fulfill the order issued by the regulatory body to eliminate the violation of the requirements of Part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code;
(as amended by Federal Law dated July 3, 2016 No. 304-FZ)
2) receipt of appeals and applications from citizens, including individual entrepreneurs, legal entities, information from state authorities, local governments, the media, the information and telecommunications network "Internet", as well as from the unified information system of housing construction about facts of violation of the requirements of Part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code;
(as amended by Federal Law dated December 25, 2018 N 478-FZ)
3) the prosecutor’s request to conduct an unscheduled inspection as part of supervision over the implementation of laws based on materials and appeals received by the prosecutor’s office.
7. When exercising control, the supervisory authority publishes on its official website on the information and telecommunications network "Internet" information about inspections of the activities of a housing construction cooperative, with the exception of information to which access is limited by the legislation of the Russian Federation, as well as information about bringing to administrative responsibility for violation of the requirements of this Code and other requirements established by law.
(Part 7 introduced by Federal Law dated July 3, 2016 No. 304-FZ)
1. A housing or housing construction cooperative is recognized as a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the housing needs of citizens, as well as manage residential and non-residential premises in a cooperative building.
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 with their own funds participate in the construction, reconstruction and subsequent maintenance of an apartment building.
4. Housing and housing-construction cooperatives (hereinafter also referred to as housing cooperatives) are consumer cooperatives.
5. The provisions of this chapter do not apply to other specialized consumer cooperatives created to meet the housing needs of citizens in accordance with federal laws on such cooperatives. The procedure for the creation and activities of such cooperatives, the legal status of their members are determined by the specified 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 a preferential right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation or local governments.
1. The number of members of a housing cooperative cannot be less than five, but should not exceed the number of residential premises in an apartment building being built or acquired by the cooperative.
2. The decision to organize a housing cooperative is made by the meeting of founders.
3. Persons wishing to organize a housing cooperative have the right to participate in the meeting of the 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 persons wishing to join the housing cooperative (founders) voted for this decision.
5. Members of a housing cooperative from the moment of its state registration as a legal entity are persons who voted for the organization of a housing cooperative.
6. The decision of the meeting of the founders of the housing cooperative is documented 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 activities, the procedure for becoming members of the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the composition and procedure for making 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 monitoring the activities of the cooperative, the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes, the procedure for covering losses incurred by members of the cooperative, the procedure for reorganization and liquidation of the cooperative.
2. The charter of a housing cooperative may contain other provisions that do not contradict this Code and other federal laws.
State registration of a housing cooperative is carried out in accordance with the legislation on state registration of legal entities.
The governing bodies of the housing cooperative are:
1) general meeting of members of the 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.
1. The highest governing body of a housing cooperative is the general meeting of members of the cooperative (conference), which is convened in the manner established by the charter of the cooperative.
2. The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative in accordance with this Code.
Members of the board of a housing cooperative (including the chairman of the board of the cooperative), a member of the audit commission (auditor) of the cooperative, as well as the chief accountant (an accountant in the absence of a chief accountant on staff) of the cooperative cannot be citizens:
1) having a criminal record for intentional crimes;
2) in respect of whom the period during which they are considered subject to administrative punishment in the form of disqualification has not expired;
3) who previously held the positions of head, his deputy or chief accountant (an accountant in the absence of a chief accountant on staff) of an organization operating in the field of construction, reconstruction, major repairs of capital construction projects, engineering surveys for construction, architectural and construction design, or were individual entrepreneurs who carried out activities in these areas, if such organizations, individual entrepreneurs were excluded from members of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects or were declared insolvent (bankrupt) and from the moment of such exclusion or completion of the relevant procedure applied in the insolvency (bankruptcy) case, less than three years have passed.
1. The general meeting of members of a housing cooperative is valid if more than fifty percent of the members of the cooperative are present at it. The decision of the general meeting of members of a housing cooperative is considered adopted if more than half of the members of the housing cooperative present at such a general meeting vote for it, and on issues specified in the charter of the housing cooperative - more than three quarters of the members of the housing cooperative present at such general meeting .
2. The decision of the general meeting of members of a housing cooperative, adopted in the prescribed manner, is binding on all members of the housing cooperative.
3. The general meeting of members of the housing cooperative elects the management bodies of the housing cooperative and the bodies monitoring its activities.
4. The decision of the general meeting of members of the housing cooperative is documented in minutes.
1. The board of a housing cooperative is elected from among the members of the housing cooperative by a general meeting of members of the housing cooperative (conference) in the number and for the period determined by the charter of the cooperative.
2. The procedure for the activities of the board of a housing cooperative and the procedure for making decisions by it are established by the charter and internal documents of the cooperative (regulations, regulations or other document of the cooperative).
3. The board of a housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers not included in the competence of the general meeting of members of the cooperative by the charter of the cooperative.
4. The board of a 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 the housing cooperative from among its members for a period determined by the charter of the housing cooperative.
2. Chairman of the board of a housing cooperative:
1) ensures the implementation of decisions of the board of the cooperative;
2) without a power of attorney, acts on behalf of the cooperative, including representing its interests and making transactions;
3) exercises other powers not assigned 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 performing duties, must act in the interests of the cooperative in good faith and reasonably.
1. To exercise control over the financial and economic activities of a housing cooperative, the general meeting of members of the cooperative (conference) elects an audit commission (auditor) of the housing cooperative for a period of no more than three years. The number of members of the audit commission of a housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, or hold other positions in the management bodies of a housing cooperative.
2. The audit commission of the housing cooperative elects the chairman of the audit commission from among its members.
3. Audit commission (auditor) of a housing cooperative:
1) without fail, conducts scheduled audits of the financial and economic activities of the housing cooperative at least once a year;
2) presents to the general meeting of members of the cooperative (conference) a conclusion 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 conduct an audit of the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative.
5. The work procedure of the audit commission (auditor) 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 the housing cooperative for admission to membership in the housing cooperative.
2. An application for admission to membership in a housing cooperative must be considered within a month by the board of the housing cooperative and approved by a decision of the general meeting of members of the housing cooperative (conference). A citizen or legal entity is recognized as a member of a housing cooperative from the moment of payment of the entrance fee after the decision on admission to membership in the housing cooperative is approved by the general meeting of members of the cooperative (conference).
By decision of the general meeting of its members (conference), a housing cooperative can be transformed into a homeowners' association.
A housing cooperative may be liquidated on the grounds and in the manner provided for by civil law.
Housing or housing construction cooperatives are organized by individuals and sometimes legal entities on a free basis. The task of such a non-profit organization is to manage the house, as well as to realize the right of every person to housing and to realize the need for housing. Members of the cooperative act on a membership basis. Participants in a housing cooperative, through personal participation and with their investments, purchase housing and fulfill the responsibility for maintaining and reconstructing the house.
Members of a housing construction cooperative are involved in housing construction. The current law does not clearly distinguish between a housing cooperative and a housing construction cooperative, but from the very names of the institutions it is clear that a housing cooperative is organized when there is a material object - a building, a residential building. In the case of a housing construction cooperative, the house is just being built.
The decision to organize a housing cooperative is made by the founders of the cooperative. Persons who have expressed their will to organize a cooperative and confirmed their intention by voting for the organization of a cooperative become founders. Voting is also used to adopt the charter of the cooperative.
The organization of the cooperative is carried out by the competent body - the meeting of founders. Long before the actual creation of the cooperative, a number of preparatory measures are carried out: it is necessary to resolve organizational issues and determine the real estate - the subject of activity of the cooperative and its members.
The mandatory legal act of a cooperative, without which its activities are impossible, is the charter. This is a kind of set of rules and principles that guide the organization in its activities. The charter is approved by the founders at the meeting.
The text of the charter indicates the name of the cooperative, its coordinates, the rules approved for citizens planning to join the cooperative, the procedure for making and the amount of cash contributions, the procedure for persons participating in the cooperative to bear its losses, the responsibility of the participants, the tasks for which the cooperative was created and other fundamental issues. The charter may contain any provisions if they do not contradict the current law and do not have disagreements with each other.
The law determines that members of a cooperative can be individuals if they are over 16 years old at the time of voting, and in some cases legal entities. For membership in a cooperative, the participation of these entities in voting for the creation of a cooperative is required.
The law establishes rules regarding the number of members of a cooperative. In accordance with the Housing Code of the Russian Federation, it is impossible to create a cooperative with the number of members less than 5. The maximum permissible number of members is determined by the number of residential premises in the building for which the cooperative was created. To join the cooperative as a member, you must submit a duly completed application to the board. Within 30 days it is reviewed and approved. Next, the person applying for membership pays an entrance fee, and from that moment becomes a full member of the cooperative.
The law defines the governing bodies of a cooperative as:
The activities of the conference and the limits of its powers are regulated by the charter of the cooperative. The conference meets for regular meetings, which usually take place at least once every 12 months; extraordinary meetings can also be held on important issues. The scope of the conference’s activities includes consideration of issues related to the documentation of the cooperative, the rules for entry and exit of participants, and the powers of members of the cooperative.
The board of the cooperative considers the daily, current issues of the organization, elects from among its members a chairman who is authorized to represent the cooperative, act on its behalf and monitor the implementation of board decisions.
The meeting is considered valid if at least half of the members of the cooperative are personally present at it. To recognize the decision of the meeting as valid, it is necessary to obtain at least half of the votes of all persons participating in the vote. If an issue reflected in the charter of the cooperative is discussed, at least three quarters of the members of the cooperative who directly participated in the voting and who were personally present at the meeting must vote in support of the decision.
The issues discussed at the meeting of founders are related to the activities of the cooperative, the implementation of its plans and projects, and the powers of the governing bodies. By decision of the founders the following are elected:
The conclusions reached by the meeting are documented in a special document - the minutes of the meeting. It must indicate the date of the meeting, the number of those present, the number of those who voted “for” and “against” on the issues under consideration. The minutes are signed by members of the meeting, its chairman and secretary.
Ask a lawyer
You will also find the following articles useful
One option is to participate in housing construction cooperative. This article examines the key points of this structure, and also analyzes the pros and cons of acquiring residential space through housing cooperatives.
What is meant by a housing construction cooperative? In Art. Chapter 110 of the Housing Code of the Russian Federation gives a general definition for residential complexes and housing cooperatives. By law, this is cooperation of individuals or legal entities on a voluntary basis to provide for their needs in housing and management of the house.
Clause 4 of Article 110 states that the housing cooperative is a consumer cooperative. The Letter of the Ministry of Economic Development of Russia dated April 10, 2008 N 4416-AP/D05 mentions that such cooperatives can be divided into two types: cooperatives with the main activity in the form of making a profit and cooperatives whose activities are expendable in nature through share contributions of participants. The association in question belongs to the second type.
It is important to know! According to amendments to Federal Law No. 349-FZ dated November 30, 2011, a housing cooperative formed after December 1, 2011 acts as a developer when acquiring a construction permit.
The main distinguishing feature of residential complexes and housing cooperatives is the very essence of associations with a common goal. Members of the housing complex purchase constructed housing, finance the restoration and further maintenance of the building, while members of the housing cooperative pay for the construction, reconstruction and maintenance of the house.
The legal position of a housing construction cooperative is characterized by the Housing Code of the Russian Federation, and the Civil Code explains its civil legal properties.
In addition to the Codes, the position of the housing cooperative is established by its charter, which will be discussed below.
For your information! From July 1, 2016, a housing construction cooperative must post the following documents and information in accordance with numerous regulations:
Also, from July 1, 2016, the housing cooperative must provide the opportunity to familiarize itself with the following documentation of a member of the cooperative upon request:
We list the main regulatory bodies for housing cooperatives:
The most important and significant council is the general meeting, and the powers of the conference are formed by the organization’s charter. It is possible to hold a general meeting only if more than half of the participants are present. They accept the verdict if they voted for it more than 50% of those present. Such a decision, documented in a protocol, is inevitable for all participants in the housing cooperative.
The board of housing cooperatives is elected from the members of the association itself by a general meeting (conference). All competencies are fixed in the charter. The chairman of the board is selected from among the members of the board. His responsibilities include implementing the intentions of the cooperative, expressing the needs of housing cooperatives, etc. The main requirements for him are conscientiousness and reasonableness.
In addition to the above positions, the cooperative has an auditor or audit commission. The main task of this unit is to control finances and economic activities.
If a person has been charged with intentional crimes, bears the burden of an administrative fine in the form of suspension, or has previously held management service in the field of construction and related fields, then he cannot join the management staff of the cooperative.
Let's denote procedure for admitting those wishing to become members of housing cooperatives. First of all, a citizen (from 16 years of age) or a legal entity provides application to the board of the cooperative. The appeal is being considered within a month and approved by the general meeting.
After the new member will pay the entrance fee, he is considered a full participant in the cooperative.
In a co-op there should not be less than five participants(Article 112, Housing Code of the Russian Federation), but there should not be more participants than the number of premises under construction.
To create a cooperative, a constituent meeting is convened, the participants of which may be those wishing to create a housing cooperative. The resolution on the creation of an association is considered approved if all the founders have chosen it.
State registration is carried out according to the same rules as registration of legal entities. From the moment of registration, those who cast their vote for the formation of the cooperative acquire the status of member. Let us turn to the Federal Law of 08.08.2001 No. 129-FZ “On state registration of legal entities upon their creation.” It sets out the main conclusions regarding registration:
The list of required documents is listed below:
Article 113 of the Housing Code of the Russian Federation provides complete information that must be provided in the charter of the housing cooperative.
Its structure looks like this:
Liquidation of a housing cooperative is the termination of the association’s activities without transfer of rights and obligations. There are no special rules for a housing construction cooperative in the law; it is recommended to use Article 61 of the Civil Code of the Russian Federation “Liquidation of a legal entity” as a basis.
Liquidation can occur either on a voluntary basis by agreement of the participants or upon expiration of the validity period, or by court decision.
On a compulsory basis, a housing cooperative is liquidated in the following cases:
When the court makes a decision to terminate the activities of the association, the housing cooperative is obliged to pay off its obligations to creditors.
Let's consider pros and cons of purchasing housing under the housing cooperative scheme.
An undoubted advantage is the ability to pay in long installments. You can also pay out shares. Most companies selling apartments under a shared participation scheme provide installment plans until commissioning.
Another convenience of housing cooperatives is the ability to independently hire a new one in the event of bankruptcy of the current one.
However, in this situation, participants will have to demand housing in court, or create a new housing cooperative, and this is a very lengthy process.
A pleasant advantage for members of the housing cooperative is the transfer of all power to manage the house immediately after the construction of the house ceases.
In the case of shared participation, it is necessary to first create a homeowners' association, which may last for an indefinite period.
Shareholders have the opportunity to take part in the management of construction, reconstruction and future operation of the house, and have free access to documentation. This gives them more guarantees than when concluding a DDU.
The housing cooperative scheme also has disadvantages. Cooperative members may become victims double sales in case the company uses “gray” housing sales schemes. According to the law, as mentioned earlier, such fraud is prohibited: the number of apartments should not be greater than the number of members of the housing cooperative. In this situation, those wishing to join are advised to talk with the members of the cooperative or with those who left it for one reason or another.
Since the law “On the Protection of Consumer Rights” does not apply to the relationship between the shareholder and the cooperative, the housing cooperative is not responsible for construction failures and problems after the sale of the house. To prevent such a situation, it is necessary to read the contract, especially the clauses about the warranty period for construction and the completion date of work.
Anton Lebedev talks about what housing cooperatives are.
The Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) recognizes a housing or housing-construction cooperative as 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 the management of residential and non-residential premises in a cooperative building. Among other things, the Civil Code of the Russian Federation establishes that housing and housing-construction cooperatives are consumer cooperatives. Therefore, the provisions on consumer cooperatives apply to regulate their activities. It should be noted that a consumer cooperative is recognized as a voluntary association of citizens and legal entities on the basis of membership in order to satisfy the material and other needs of the participants, carried out through the pooling of property shares by its members. In the legal literature, this definition is clarified by indicating the fact that the initial property of a cooperative consists of share contributions.
A consumer cooperative is a non-profit organization, i.e. a legal entity that does not pursue profit as the main goal of its activities. A consumer cooperative has the right to carry out entrepreneurial activities only insofar as it serves to achieve the goals for which it was created and insofar as such activities correspond to these goals.
Unlike other types of non-profit organizations, a consumer cooperative has the right to distribute the profits received among its members in accordance with the law and the charter of the cooperative. All other non-profit organizations do not have the right to distribute profits from business activities among their participants (members). In addition, the goals of creating a consumer cooperative are not aimed at achieving any public benefits, like most non-profit organizations, but are related to meeting the needs of the members of the cooperative.
The legislation for housing and housing construction cooperatives establishes a single regulatory definition. Moreover, the features of these two types of cooperatives are that members of a housing construction cooperative participate with their own funds in the construction, reconstruction and subsequent maintenance of an apartment building, while members of a housing cooperative finance the acquisition and maintenance of a ready-made apartment building, as well as, if necessary, its reconstruction.
Citizens and (or) legal entities have the right to join housing and housing-construction cooperatives. Citizens with the right to join a cooperative can only be individuals who have reached the age of 16 years. At the same time, low-income people and other citizens recognized on the grounds established by the Code as needing improved housing conditions have a preferential right to join a cooperative. However, this right arises for such citizens not in relation to any housing and housing-construction cooperatives, but only in relation to those of them that are organized with the assistance of federal or regional government bodies or local governments.
The right to join housing and housing-construction cooperatives equally belongs to citizens of the Russian Federation, foreign citizens and stateless persons who have reached a certain age.
Legal entities that have the right to join housing and housing-construction cooperatives can be both commercial and non-profit organizations. It is advisable to take into account that the participation of certain types of legal entities in other commercial and non-profit organizations may be made dependent by law on compliance with certain conditions.
The general meeting (conference) is the highest governing body of the cooperative. Please note that if the number of participants in the general meeting is more than 50, then it is not at all necessary that the functions of the highest governing body be vested in the conference. This does not happen automatically, but only if such a body is provided for by the charter of the cooperative.
The board is a collegial executive management body of a cooperative, accountable to the general meeting of members of the cooperative (conference). The board of a housing cooperative is elected from among the members of the corresponding cooperative by a general meeting of members of the housing cooperative (conference). The board manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not within the competence of the general meeting (conference) by the charter of the cooperative.
The chairman of the board is the sole executive body of the cooperative, elected by the board from among its members for a period determined by the charter of the cooperative. This body ensures the implementation of board decisions; acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions; exercises other powers not assigned by the 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.
The control body in any housing and housing-construction cooperatives is the audit commission (auditor). This body does not belong to the management bodies of the cooperative, since it does not carry out independent organizational and executive-administrative activities, but implements only one specific management function - control over the financial and economic activities of the cooperative, the so-called internal audit.
The audit commission (auditor) of a housing cooperative is elected for a period of no more than three years by the general meeting of members of the cooperative (conference). The number of members of the audit commission of a housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, or hold other positions in the management bodies of a housing cooperative.
The audit commission of the housing cooperative elects the chairman of the audit commission from among its members.
The election of an audit commission (auditor) is mandatory in all housing and housing-construction cooperatives.
In the context of the implementation of the Federal State Educational Standard, it is of great importance. Over the course of decades, educational institutions have developed a system of work...
The manual discusses programs of domestic and foreign authors that are used in the work of modern...
How often do we see this monster with goat horns when we lay out Tarot cards. "Devil" is the personification of hell and death...
Navigation: Description and history of the map: To the side of the road there is a large oak tree, in its foliage birds find shelter and food...
Dear forum visitors, I am opening this topic for fans of Patrick Walesa's "Deviant Moon Tarot" deck. Tarot...
Tuscan order. Tuscan order, one of the five Roman architectural orders. The name is associated with Etruscan architecture...
LIBRETTO. If you love music (which you undoubtedly do, since you needed this book), then you'll probably...
Religion: paganism Birth: 942 (0942) Death: March on the Dnieper Family: Rurikovich Father:...
Masaccio (actually Tommaso di Giovanni di Simone Cassai (Guidi), Tommaso di ser Giovanni di Guidi; December 21...
(Published in Tel Aviv in 1958. Transmitted with minor abbreviations). Jews! Love each other,...
Take a ladle or saucepan and pour milk and cream into it. Add vanilla sugar (sugar with vanilla seeds). IN...
Hello everyone! Today we have a very tasty and simple recipe in front of us - sausages in dough in the oven. Do you feel...
Avocado is one of the healthiest fruits. This is a real storehouse of vitamins and nutrients. And him...
Roast pork is an ideal tasty and satisfying dish that can feed the whole family. Mistresses...
The manual discusses programs of domestic and foreign authors that are used in the work...
How often do we see this monster with goat horns when we lay out Tarot cards. "Devil" is the personification of hell...