Homeowners association premises. Non-residential premises in a homeowners' association. What should the organization's premises be like?
Common property is considered to be that which is used to service two or more premises.
The common property of apartment building residents includes:
- elevators, corridors, staircases, basements and attics;
- premises allocated to meet social and domestic needs;
- engineering and Technical equipment located both inside and outside the premises;
- roofs and technical fences;
- local area.
Reference! Over time, through the use of targeted contributions from citizens and non-members of the partnership, new objects of shared public property can be created in the apartment building, for example, a sports or children's playground. The decision to create a new property is made at a meeting of HOA members.
Responsibilities for maintaining common property
In order to fulfill the responsibilities for maintaining common property, property owners can become members of the HOA or must enter into an agreement with the homeowners’ association, on the basis of which the organization is delegated all rights to carry out such actions.
The agreement states that the financial burden for maintaining the common property lies with the owners, regardless of their membership in the HOA, in proportion to the share of ownership.
Citizens who are not members of the partnership are charged only for the maintenance of the property. Non-members of the HOA are not required to pay bills for the purchase of new property or additional services, for example, security of a yard or parking lot.
The amount of payment is determined by the income/expense estimate, which is approved at the general meeting. According to the Rules adopted by the Government of the Russian Federation No. 491, the amount of regular payments is determined by the general meeting and is mandatory for everyone.
In the field of service activities common property, HOA carries out the following work:
- represents the interests of owners;
- carries out work within the framework of the charter;
- concludes contracts with maintenance and repair organizations;
- controls the implementation of the clauses specified in the concluded contracts;
- selects service and resource companies;
- accepts contributions and payments for utilities;
- transfers funds under contracts;
- makes mandatory payments;
- determines the estimate and regularity of payments by owners;
- requires timely payment;
- carries out general property insurance.
Maintenance of common property: what does it include?
According to Article 151 of the Housing Code of the Russian Federation, The property of the partnership itself is movable and immovable property located inside and outside the house:
The HOA has the right to acquire property at the expense of membership fees if such acquisition is carried out to achieve the statutory goals of the organization.
Note! The partnership does not have the ability to alienate, and, therefore, acquire shared property. However, by decision of the general meeting, such property may be transferred to the partnership for use.
Any acquisition of new movable property by the HOA is recorded in accounting entries and has documentary support and confirmation (check, agreement, etc.). Ownership of real estate is registered in the relevant title documents, where the owner is designated as a partnership.
The HOA may acquire at its disposal the property that belonged to the owners, but for use for purposes other than residence. For example, these could be various non-residential premises on the ground floor, which were used for arranging shops, pharmacies, studios, etc.
Board room
The premises in which the board and maintenance personnel carry out their work may be allocated from part of the shared ownership. This decision is made by all owners. An area in the corridor, basement, technical floor can be allocated, or it can be purchased separate room in the house at the expense of the HOA members.
The premises must have access to electrical and heating networks, and facilities for storing documentation(contracts, financial statements), and subject to availability cash register for accepting contributions and payments - a security system.
Relations between the owners of non-residential premises and the partnership
The complexity of the relationship between HOAs and owners of non-residential premises lies in some contradictions contained in regulations.
On the one hand, the Housing Code defines the right of shared ownership of non-residential premises. On the other hand, in the Resolution of the Armed Forces of the Russian Federation N3020-1 “On the delimitation of state property” of 1991. , Decree of the President of the Russian Federation No. 2284 of December 24, 1993, and in Decree of the President of the Russian Federation No. 1535 of July 22, 1994. , it is said that such premises are transferred to the ownership of the administration of the locality and can be privatized.
Often, such premises cannot be separated from common property, since they often contain communications and engineering equipment, whose work is aimed at maintaining the house. Closing free access to them for routine or emergency work may become the subject of a dispute between the HOA and the owner.
Many questions also arise about the participation of owners of non-residential premises in the general costs of its maintenance. In this case, the owner of the non-residential premises must sign an agreement with the HOA for the right to share participation in use and expenses or for the management of common property.
The Housing Code in this sense obliges all owners of both residential and non-residential premises, regardless of whether they use common property or not, to bear an equal burden for the maintenance of real estate.
Reference! The amount of payment for the maintenance of common property may be established at a general meeting. It can be either proportional to the share of each owner, or have an increasing coefficient in relation to owners of non-residential premises.
Conclusion of an agreement
The agreement between the HOA and the owner of the non-residential premises has a form slightly different from that concluded between the partnership and the owner of the residential premises who is not a member of the HOA.
The contract must contain the following mandatory clauses:
- transfer of property in common shared ownership;
- list of services provided aimed at maintaining common property;
- determining the cost of maintaining a house.
The contract should clearly indicate the following points:
How to register non-residential premises as the property of the HOA?
As already mentioned, a partnership can act as the owner of real estate, including non-residential premises, but only if it acquired them as a result of an act of donation, purchase, and similar actions described by the Civil Code of the Russian Federation.
How can an HOA become the owner of common property, even if it is non-residential? In this case, only a meeting of all owners of shared property can make a decision on the sale of this property to the HOA. All relations between owners, regardless of their participation in the HOA, are regulated federal laws, Housing Code and Government Decrees.
To avoid friction and lawsuits, any transactions by the HOA must be carried out with the approval of the owners. Relations with the owners of non-residential premises are established on the basis of concluded agreements for the provision utilities and participation in the maintenance of common property.
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1. We have an HOA in our house; they occupy non-residential premises that belong to the apartment building, with a separate entrance from the street. There are no water, light or heating meters installed in this room. It turns out that the owners of the apartment complex pay for the use of this premises. Is this legal?
1.1. Dear Elena, this is unlikely to be the case, since there are approved standards for electricity/water consumption not only for citizens in the absence of metering devices, but also for legal entities, which is the HOA. If they pay separate receipts for their premises in your house, then everything is legal. They simply make payments not according to meter readings, but according to water consumption standards established for legal entities. Regarding electricity, I doubt that they do not have meters, since this is one of the most expensive parts of utility bills for organizations. But even if so, the principle is the same - according to the standards. Heating is paid not based on standards/meter readings, but based on the area of the room - basically (meters are rare for heating even in new buildings, although they are available for use).
But if they do not pay any receipts, then, of course, it turns out exactly as you think - illegally. First, you need to clarify this information - whether the organization pays receipts for electricity/water supply and heating.
If not, write a collective appeal to the prosecutor's office.
All the best.
2. I remove the metal canopy over the entrance to the non-residential premises (attached to the facade of the house), the premises are owned. The new metal canopy will be attached to the porch and to the fence of the loggia without being attached to the wall of the house. Do I need approval from the HOA for this?
2.1. Hello! You must agree on the design of the new canopy not only with TZ, but also with the Committee of Architecture and Urban Planning of the city administration, because This is the common property of the house, for the condition, incl. change, which in this moment HOA responds.
3. I am the owner of a residential premises on the 9th floor. We have a homeowners association in our house. Above me is a monsard in a non-residential building and there are no communications there. Can they crash into me and under what conditions?
3.1. Dear Mikhail Borisovich, engineering Communication are the property of all owners of apartments in your building; without the consent of all owners, no interference in engineering communications is allowed; in addition, it is necessary to develop a project.
4. I am the owner of non-residential premises in ground floor since 2014.. The house, built in 2011 by a private, illegal developer, has not yet been accepted into the balance sheet by resource holders. The HOA has been demanding repayment of the debt since 2011. I am not a member of the HOA. And today the power supply went out. Does the HOA have the right to do this and where to complain?
4.1. Good afternoon
Regardless of your membership in the HOA, you are required to bear the costs of maintaining common property apartment building.
To answer your question in more detail. You should sort out your documents for the premises and familiarize yourself with the HOA’s decision to turn off the electricity.
Contact us for an in-person consultation.
5. I own non-residential premises in the basement of an apartment building. The room has risers/"beds" for hot and cold water supply. Currently, some of the drain points are located on my premises; access to them is always provided for HOA employees if necessary. The HOA requires that I pay for the work of its contractor to move the drain points to the common basement, i.e. this includes replacing and re-routing pipes, drilling walls, etc. Who should pay for this work?
5.1. Main water pipelines are the common property of apartment buildings which the owners dispose of at their own discretion... If they want to take it out, let them take it out.. You can offer them payment for the rent of the space that their property occupies in your premises...
6. The chairman of the HOA does not issue a certificate to be submitted to the generating organization Lenenergo to obtain those services for connecting non-residential premises, citing the lack of required capacities at the GRSC, but Lenenergo is ready to agree on the specifications and, after an inspection by a Lenenergo representative, gives a conclusion on the sufficiency of capacity.
6.1. Study the documents of the HOA regarding appealing the actions/inactions of the HOA Chairman.
7. I have a non-residential premises (shop), the homeowners association has installed a fence and a barrier. Customers of the store cannot drive up.
7.1. Well, if the decision is made at a general meeting, then everything is legal.
7.2. When installing a barrier, it automatically entails a ban on free entry to the premises owned by the right of ownership, as well as a restriction on car parking in the local area.
Meanwhile, the ban on the owner and other persons entering the local area contradicts current legislation, since it violates the rights and legitimate interests of both the owner and other persons to have unhindered access to common property, as well as parking opportunities Vehicle at any time of the day in any free place in the local area. Current legislation does not allow blocking access to the local area, incl. and on the basis of the decision of the general meeting of owners of apartment buildings.
As for the decision of the general meeting of owners, even if it is not challenged or declared invalid, this does not matter, because in this area there are regulatory legal acts that have greater legal force.
You first need to submit justified statements to the Criminal Code for the demolition of barriers, send a complaint to the housing department. inspection and application to the prosecutor's office. And if this doesn’t help, then go to court.
If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you
Since January 1, 2017, the nature of the relationship between the organization managing the apartment complex (managerial association, homeowners association, residential complex, housing cooperative) and the owner of non-residential premises has changed.
Previously, such an owner had two options to receive utility services: in the general order through a management company, homeowners' association, residential complex, housing cooperative, or under an agreement with a resource supply organization (RSO). Now the owner is obliged to enter into resource supply agreements directly with the RSO. The organization managing the apartment building acts as a connecting link in these relations. She no longer provides utilities to non-residential premises, but at the same time she has new responsibilities.
Now MA, HOA, residential complex, housing cooperative must:
- notify the owner of non-residential premises of the need to conclude agreements with the RSO and the MSW reoperator;
- transfer information about the owners of non-residential premises in the apartment building to the RSO and the TKO reoperator.
Such changes to the legislation were made by Decree of the Government of the Russian Federation dated December 26, 2016 No. 1498 “On issues of providing utilities and maintaining common property in an apartment building.” This resolution included the above responsibilities in the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354).
Watch a fragment of the webinar for our subscribers on the topic “Transition to direct contracts between RSO and the consumer”
Who should commission and seal the IPU, which is installed in the non-residential premises of the apartment building?
Work on putting the IPU into operation should be carried out by RSO.
Supply cold water, hot water, thermal energy, electrical energy and gas to non-residential premises in an apartment building, as well as the removal Wastewater occurs on the basis of agreements with RSO. Such agreements must be concluded in accordance with the rules of legislation on water supply, sanitation, electricity supply, gas supply, and heat supply. This is provided for in paragraph 3 of paragraph 7 of Rules No. 354.
Approved by Decree of the Government of the Russian Federation of July 29, 2013 No. 643 standard contract hot water supply. Clause 13 of the agreement provides for the obligation of RSO to authorize hot water metering devices (metering units) for operation. Clause 19 establishes the obligation to seal metering devices.
- Complaints about the management company: where can residents turn?
What kind of agreement should a management company conclude with the owner of non-residential premises?
Type of agreement management company with the owner of non-residential premises depends on the method of managing the apartment building. If the house is managed by the MA, the same rules apply; if the HOA, residential complex, housing cooperative are different.
Watch a fragment of the webinar for our subscribers on the topic"Common mistakes in communicating with residents: practice, tips and examples"
The house is managed by the UO
The management company enters into a management agreement for the apartment building with each owner of the premises. The terms of the agreement are approved by the general meeting of owners of premises in the house. These conditions are the same for all owners (Part 1 of Article 162 of the Housing Code of the Russian Federation).
The law does not provide for a special agreement for owners of non-residential premises.
At the same time, the management agreement for an apartment building must contain provisions that specifically apply to the owners of non-residential premises in the apartment building. There are two such special provisions:
- the obligation of the owner to conclude in writing resource supply agreements with resource supply organizations and an agreement for the provision of services for the management of MSW with the regional operator;
- consequences in case the owner does not conclude contracts.
This requirement is provided for in paragraph 14 of subparagraph “p” of paragraph 31 and paragraph 9 of subparagraph “j” of paragraph 148(22) of Rules No. 354.
If your apartment management agreement does not contain these provisions, it is worth including them in the text. This will save you from unnecessary disputes and misunderstandings with the owners. We teach how to avoid problems with drawing up a contract.
The house is managed by a homeowners association, residential complex or housing cooperative
The answer to the question of whether to enter into an agreement with the owner of non-residential premises depends on whether such owner is a member of a housing association or not.
If the owner is not a member of the HOA, housing complex, housing cooperative, enter into an agreement with the owner for the provision of services for the maintenance and current repairs of common property in the apartment building (Part 6 of Article 155 of the Housing Code of the Russian Federation).
If the owner is a member of a housing association, then no agreement is necessary. Members of homeowners' associations, residential complexes, housing cooperatives make mandatory payments for the maintenance and Maintenance common property in the apartment building in the manner established by the management bodies of the partnership or cooperative (part 5 of article 155 of the Housing Code of the Russian Federation).
- Direct contracts with resource supply organizations and direct payments for utilities
How to notify the owner of non-residential premises about the need to conclude contracts with a resource supply organization
You are obliged to notify the owners of non-residential premises in apartment buildings about the need to conclude a number of new agreements. Do this as early as possible. Although the law does not provide for a notice period, there is no need to hesitate. The sooner you notify the owners, the lower the risk of negative consequences.
- Management agreement for an apartment building: essential conditions, procedure for conclusion and termination
Attention: Failure to notify the property owner may lead to misunderstandings and disputes.
If the owner does not enter into direct contracts with resource supply organizations, then they will determine the volume of utility resources using calculation methods. As a result, the owner will pay more than he planned. It is possible that he will blame you for such an overpayment. In particular, the owner may refer to the fact that the organization managing the apartment building has violated the notification obligation. This means that this organization is obliged to compensate losses in the amount of the overpayment.
Practice will show whether the courts will side with the owners. At the same time, the very fact of a dispute and misunderstanding with the owner can be regarded as a negative consequence.
What documents and information do you need to obtain from the owner of non-residential premises?
The owner of non-residential premises is required to provide you with a number of documents and information. They are necessary to manage the MKD, so it is in your best interest to receive them on time.
The documents that need to be requested from the owner are copies of resource supply agreements with RSO. You have the right to demand a copy of the contract from the moment of its conclusion (clause 18 of Rules No. 354). But, most likely, you do not know when exactly the owner entered into an agreement with RSO and whether he entered into one at all. Therefore, it is worth sending the owner a request with the wording: “Please provide copies of all contracts with resource supply organizations. If the agreements have not yet been concluded, please provide copies of them within 5 (five) days from the date of conclusion.”
In addition, receive two groups of information from the owner.
- Volumes of utility resources consumed during the billing period under resource supply contracts. Owners of non-residential premises are required to provide this data in the same manner and within the time limits established for the submission of IPU readings by consumers of utility services (clause 18 of Rules No. 354).
- Volumes of MSW management services provided during the billing period under an agreement with the MSW recycler. To obtain this data, please send a request to the owner. He must provide information within three working days (paragraph 4, paragraph 148(1) of Regulation No. 354).
Situation: what to do if the owner of non-residential premises in an apartment building does not transfer data on the volume of consumed utility resources to the management authority, homeowners' association, residential complex, housing cooperative
You have the right to send a written request for information:
- the owner of non-residential premises (clause 18 of Rules No. 354);
- the corresponding RSO (subclause “e(1)” clause 18 of the Rules, mandatory when concluding contracts with resource supply organizations, approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124, hereinafter referred to as Rules No. 124).
RSO should not take into account the volume of supply of utility resources to owners of non-residential premises in apartment buildings when determining the volume of utility resources for settlements with the utility service provider. This is established by paragraph 21 of Regulation No. 124.
- Can a management organization provide utility services through intermediary agreements?
How to transfer information about the owners of non-residential premises to the RSO and the MSW reoperator
You are required to provide information about the owners of non-residential premises to resource supply organizations that supply utility resources to apartment buildings, and to the regional operator for the management of solid waste. This is provided for in paragraph 4 of paragraph 6 and paragraph 5 of paragraph 148(1) of Regulation No. 354.
To fulfill this obligation, compose a message indicating:
- addresses of apartment buildings where non-residential premises are located;
- list of premises;
- Full name or name of the owners of the premises.
Advice: If you have additional information about the owners, please also include it in the message. For example, phone numbers or other contacts of owners. This will save you from unnecessary questions from the RSO and the MSW registrar.
Send the message by mail, deliver it to the addressee’s office or pass it on to any other in a convenient way. The main thing is that the method confirms the fact that the addressee received the information.
Deliver this message to each recipient once. But if information about the owners of non-residential premises changes, the management company will need to provide updated information.
Should the owner of non-residential premises in an apartment building that is not a member of the HOA and have one pay and for what?
separate contracts and metering points water sewerage heating electricity.
3 answers to a question from lawyers 9111.ru
“Article 154. Structure of payment for residential premises and utilities
2. Payment for residential premises and utilities for the owner of premises in an apartment building includes:
1) payment for the maintenance and repair of residential premises, including payment for services and work on managing an apartment building, maintenance, current and major renovation common property in an apartment building;
2) payment for utilities.
3. Owners of residential buildings bear the costs of their maintenance and repairs, and also pay for utilities in accordance with agreements concluded with persons engaged in the relevant types of activities.
4. Payment for utility services includes payment for cold and hot water supply, sewerage, electricity supply, gas supply (including supplies domestic gas in cylinders), heating (heat supply, including supplies solid fuel in the presence of stove heating)".
Okay, let's go the hard way. Do you deny that you are the owner of the common property of the house?
“Article 36. Ownership right to the common property of the owners of premises in an apartment building
1. The owners of premises in an apartment building shall own, by right of common shared ownership, the common property in the apartment building, namely:
1) premises in a given house that are not parts of apartments and are intended to serve more than one room in a given house, including inter-apartment spaces landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in a given house (technical basements);
2) other premises in this house that do not belong to individual owners and are intended to meet the social and everyday needs of the owners of premises in this house, including premises intended for organizing their leisure time, cultural development, children's creativity, classes physical culture and sports and similar events;
3) roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room;
4) the land plot on which it is located this house, with elements of landscaping and improvement, other objects intended for the maintenance, operation and improvement of this house and located on the specified land plot. Borders and size land plot, on which the apartment building is located, are determined in accordance with the requirements of land legislation and legislation on urban planning.
2. The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of the common property in the apartment building.”
“Article 249. Expenses for the maintenance of property in shared ownership
Each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on the common property, as well as in the costs of its maintenance and preservation.”
Can a legal entity that owns non-residential premises on the first floor vote in the elections of the board of an apartment building?
Can legal entities who own non-residential premises occupying the entire 1st floor join the HOA and vote in the elections of the board? The house was planned to have non-residential premises during construction.
A homeowners' association is a non-profit organization, an association of owners of premises in an apartment building for the joint management of common property in an apartment building (Article 135 of the Housing Code). As you can see, the code does not distinguish between residential and non-residential premises in this case. It turns out that owners of non-residential premises can also be members of the HOA.
Is it possible for owners of non-residential premises to create partnerships: the Rigby study.
The creation of associations of owners of non-residential premises almost completely coincides with such a process with the participation of owners of residential premises. But creating an HOA for an office building is impossible: at least two apartment owners must be participants in the partnership. Therefore, the question often asked to Rigby specialists is who can initiate the creation of a partnership, and the answer is simple: it can be the owners of residential or non-residential areas. But current legislation excludes the possibility of creating HOAs within shopping centers. Owners of shops or offices located in residential complexes have the right to initiate the emergence of an HOA and express their will through in-person or absentee voting.
What does the creation of a partnership by owners of non-residential premises look like?
It was noted a little higher: according to legal norms, it is impossible to create a partnership of owners of non-residential premises. But owners of commercial space have the opportunity to participate in meetings of owners, making choices on an equal basis with others. When creating an HOA, non-residential premises are full-fledged “voices” when creating an association of homeowners. This process will require:
- Organize a meeting, inviting all owners of commercial and residential premises;
- If more than 50% of positive votes are received for the HOA, the composition of the board of the association is approved;
- Develop a company charter;
- Sign a protocol listing all decisions made by the owners.
Now we know: the owner of non-residential premises can create a HOA only through participation in the initiative group in preparation for the general meeting. The idea of merging into a partnership may belong entirely to the owners of commercial premises. In this sense, there are no restrictions or obstacles for them. Another important question: is it possible to register an owners' partnership without involving the owners of commercial premises? This is possible, although at the general meeting the initiative group will have to notify them of planned changes in the management of the building.
How can the owner of a non-residential premises create an HOA?
Information on how to create an HOA for owners of commercial premises is recorded by the Housing Code of the Russian Federation, Article 147. Entering information about the organization into the Unified State Register of Legal Entities assumes that the chairman of the partnership, elected by the general meeting, will need:
- Receipt for payment of state duty (4000 rubles);
- Completed application for state registration of HOA;
- Notarized copies of constituent documents;
- Banking details of the partnership.
The listed papers are submitted to the Federal Tax Service. At the same time, the house should be transferred under the management of the newly created HOA, notifying the municipal services service at the location of the property. The fact that the creation of an HOA for non-residential premises is impossible does not affect the chances of the owner of a commercial premises becoming a member of the board or heading the partnership. Current acts and codes do not limit owners of offices or stores in residential complexes compared to residents.
What else should owners know about creating an HOA?
Property owners who ignored the meeting, the agenda of which was the decision to organize a partnership, will be forced to submit to the decision of the majority. Those residents of an apartment building who cannot appear at the appointed time have the opportunity to draw up a simple written power of attorney and transfer their votes to neighbors or relatives. Owners of commercial space can also take advantage of this opportunity by transferring their right to express their will by proxy to their authorized person.
Increasingly, residents apartment buildings organize homeowners' associations. In this regard, the question arises whether it is necessary to become a member of such a community. First of all, you need to understand how owners interact with the HOA.
How is the HOA related to the owners of the premises?
A homeowners' association is created by the owners of the premises of an apartment building in order to independently manage the common property.
According to Article 136 of the Housing Code of the Russian Federation, such a non-profit organization can be created only with the consent of at least half of the owners of apartment buildings. Due to the fact that the HOA independently manages the building in the housing and communal services sector, residents can rationally use funds to improve their living conditions. The partnership fulfills whole line
- functions such as:
- use of common property of one or more apartment buildings;
- creation of special funds to raise funds for home repairs;
- carrying out activities aimed at beautifying the apartment building and the surrounding area; collection of funds from residents as payment for utility services provided to them, as well as various kinds
- voluntary contributions;
- concluding relevant agreements with resource supply organizations;
- provision of utilities to residents of apartment buildings;
maintaining records of all income and expenses of the organization.
The list of functions that the community performs does not end there. The HOA carries out many more actions aimed at improving the living conditions of citizens.
- Homeowners have the right to independently decide whether to join an HOA or not. In addition, they can:
- elect the community board and its chairman by voting;
- participate in the activities of the organization, making decisions at meetings;
- control the financial activities of the partnership;
- make voluntary and mandatory membership fees;
In other words, premises owners can take an active part in the partnership for the improvement of their home and surrounding area.
How does the HOA and property owners interact?
HOAs can include both residential and non-residential premises. In both the first and second cases, the organization interacts with their owners.
Non-residential premises
Non-residential premises are defined as independent objects. However, they cannot generally be separated from common property. Owners can become members of the community if they wish. Owners who are not members of the community enter into an agreement with it, which stipulates the owner’s share in the common property and the costs of its maintenance.
Note! Payment for the maintenance of common property for owners of non-residential premises is calculated in the same way as for apartment owners.
The agreement is signed in order to prevent problems with access to non-residential premises. Most often these include attics and basements, where communications and equipment may be located. But by law they have autonomous status. Because of this, HOAs may have problems with access to communications necessary for the life support of the entire apartment building if they are located in premises that are owned by a private individual.
Living spaces Legislatively, there is no difference in the statuses of residential and non-residential premises included in the common property of an apartment building. The procedure for interaction between the partnership and the owners depends on whether they are its members or not. Thus, members of the HOA are considered as persons who are part of non-profit organization
. In turn, appropriate agreements are concluded with people who do not want to enter into a partnership. Both categories have specific rights and responsibilities. For example, the maintenance of common property is the responsibility of both community members and people with whom agreements are concluded. Rights and obligations of ownerspremises
in relation to the HOA
The agreement is signed in order to prevent problems with access to non-residential premises. Most often these include attics and basements, where communications and equipment may be located. But by law they have autonomous status. Because of this, HOAs may have problems with access to communications necessary for the life support of the entire apartment building if they are located in premises that are owned by a private individual.
Each owner of an apartment building managed by a partnership has specific rights and obligations.
- Owners of living space in an apartment building managed by a HOA have the right to:
- to make decisions regarding the management of apartment buildings by voting at meetings of community members;
- exercising control over the quality of services provided;
- guaranteed protection of your legal rights;
- presenting demands to eliminate violations;
- obtaining various types of information relating to the activities of the organization;
- control financial activities communities;
- use of common property.
Residents of the house also have certain responsibilities. These include:
- timely payment of utilities;
- payment for maintenance of common property;
- payment of mandatory membership fees (only for members of the organization);
- provision necessary documents community.
Non-residential premises
The rights and obligations for owners of non-residential premises do not differ from those listed above. The law protects such people, equating them in rights and responsibilities to the owners of residential premises.
Documents for HOA from the owner
The owner must provide the following documents to the HOA:
- document confirming ownership;
- extract from the state register.
Important! If a person submits an application through his legal representative, then he will need an identity document of the authorized person and a power of attorney certified in accordance with current legislation.
Each person can independently decide whether to become a member of a homeowners association or not. Refusal to join the organization does not exempt him from paying for utilities, and also does not relieve him of the obligation to pay for the maintenance of common property.
