Housing and housing construction cooperatives. Accounting for the activities of a housing cooperative. Specifics of constituent documents, certificates, reports of housing cooperatives and details of rights Activities of housing and housing construction cooperatives

1. A housing or housing-construction cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the 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 government bodies of the Russian Federation, government bodies of constituent entities 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 under construction 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 this decision is voted for by persons wishing to join the housing cooperative (founders).
5. Members of a housing cooperative from the moment of its state registration as a legal entity are persons who voted for the organization of a housing cooperative.
6. The decision of the meeting of the founders of the housing cooperative is 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 making decisions, including on issues on which decisions are made unanimously or by a qualified majority of votes, the procedure for covering members of the cooperative for losses incurred by them, the procedure for reorganization and liquidation of the cooperative.
2. The charter of a housing cooperative may contain other provisions that do not contradict this Code and other federal laws.

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

Article 115. Management bodies of a housing cooperative

The governing bodies of the housing cooperative are:

1. general meeting of members of the housing cooperative;
2. conference, if the number of participants in the general meeting of members of the housing cooperative is more than fifty and this is provided for by the charter of the housing cooperative;
3. 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.

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.

   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 voted 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 that are not within 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 cooperative members (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. acts on behalf of the cooperative without a power of attorney, 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. mandatory 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 cooperative members (conference) on its activities.
4. The audit commission (auditor) of a housing cooperative at any time has the right to audit the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative.
5. The 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. Citizen or entity Those wishing to become a member of a housing cooperative submit an application for admission to membership in the housing cooperative to the board of 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.

Article 123. Liquidation of a housing cooperative

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

Housing (housing construction) cooperative – legal basis and their alignment with the consumer cooperative

The civil legislation of the Russian Federation provides for the possibility of creating such type of non-profit organizations as consumer cooperatives. Citizens and legal entities unite to create garage, credit, garden and other cooperatives, as well as housing and housing construction cooperatives.

On the legal status of housing and housing-construction cooperatives, on the procedure for their creation, on the organization of management and internal control we will talk about their activities, the rules for liquidation and reorganization of such cooperatives in this article.

Federal Law No. 99-FZ of May 5, 2014 “On amendments to Chapter 4 of Part 1 of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation” (hereinafter referred to as Law No. 99-FZ) amended the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

Let us immediately make a reservation that, pending the bringing of regulatory legal acts into compliance with the provisions of the Civil Code of the Russian Federation, laws and other regulatory legal acts are applied to the extent that they do not contradict the provisions of the Civil Code of the Russian Federation. However, special laws regulating the activities of non-profit legal entities have not yet been changed.

So, in general, we can say that from September 1, 2014, all legal entities, both commercial and non-profit, will be created only in the organizational and legal forms provided for in Chapter 4 of the Civil Code of the Russian Federation. At the same time, organizations created earlier must bring their names and constituent documents into compliance with the new requirements upon the first change constituent documents.

Article 50 of the Civil Code of the Russian Federation establishes that legal entities that are commercial organizations, can be created in the following organizational and legal forms:

– business partnerships and societies;

– peasant (farm) farms;

– business partnerships;

- production cooperative;

– state and municipal unitary enterprises.

At the same time, the same norm provides an exhaustive list of organizational and legal forms in which non-profit legal entities can be created. Let us note that previously there was no such list (imperative).

So, legal entities that are non-profit organizations can be created in the following organizational and legal forms:

– consumer cooperatives, which include, among others, housing, housing construction and garage cooperatives, horticultural, vegetable gardening and dacha consumer cooperatives, mutual insurance societies, credit cooperatives, rental funds, agricultural consumer cooperatives;

– public organizations, which include, among others political parties and trade unions created as legal entities ( trade union organizations), social movements, public amateur bodies, territorial public governments;

– associations (unions), which include, inter alia, non-profit partnerships, self-regulatory organizations, associations of employers, associations of trade unions, cooperatives and public organizations, commercial and industrial, notary and bar chambers;

– partnerships of real estate owners, which include, including partnerships of homeowners (absolutely new form for Russian legislation);

– Cossack societies included in the state register of Cossack societies in the Russian Federation;

– communities of indigenous peoples of the Russian Federation;

– funds, which include, including public and charities;

- institutions that include government agencies(including state academies of sciences), municipal institutions and private (including public) institutions;

– autonomous non-profit organizations;

– religious organizations;

– public companies.

Now let us turn to Article 123.2 of the Civil Code of the Russian Federation, according to which a consumer cooperative is recognized as a voluntary association of citizens or citizens and legal entities based on membership in order to satisfy their material and other needs, carried out by combining property share contributions by its members.

The charter of a consumer cooperative must contain information about the name and location of the cooperative, the subject and purpose of its activities, conditions on the amount of share contributions of members of the cooperative, the composition and procedure for making share contributions by members of the cooperative and their responsibility for violating the obligation to make share contributions, the composition and the competence of the cooperative’s bodies and the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes, and the procedure for covering losses incurred by members of the cooperative.

The name of a consumer cooperative must contain an indication of the main purpose of its activities, as well as the word “cooperative”. The name of the mutual insurance company must contain the words “consumer society”.

A consumer cooperative, by decision of its members, can be transformed into public organization, association (union), autonomous non-profit organization or foundation. Please pay special attention that a housing or housing construction cooperative, by decision of its members, can only be transformed into a partnership of real estate owners.

This provision of Article 123.2 was introduced into the Civil Code of the Russian Federation by Law No. 99-FZ and has been in effect since September 1, 2014. Before this date, in relation to consumer cooperatives, it was necessary to be guided by Article 116 of the Civil Code of the Russian Federation, which has now lost force. However, we note that there have been no significant changes.

Please note that the constituent document (charter), name non-profit organization created before the entry into force of Law No. 99-FZ, are subject to being brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation at the first change in the charters.

At the same time, changing the name of a non-profit legal entity does not require making changes to the title and other documents containing its previous name.

Previous charters, until they are brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation, are valid to the extent that they do not contradict the new norms that come into force on September 1, 2014.

When registering changes to charters (in connection with bringing them into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation), no state fee is charged.

Changes made to the constituent documents of legal entities become effective for third parties from the moment of state registration of the constituent documents, and in cases established by law, from the moment of notification of the body carrying out state registration of such changes. However, legal entities and their founders (participants) do not have the right to refer to the lack of registration of such changes in relations with third parties who acted in accordance with such changes.

The activities of housing and housing-construction cooperatives are regulated by the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (hereinafter referred to as the Housing Code of the Russian Federation). A housing or housing construction cooperative is recognized as a voluntary association of citizens and, in cases established by the Housing Code of the Russian Federation 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 managing an apartment building (Article 110 of the Housing Code of the Russian Federation).

So, the goals of creating a housing or housing construction cooperative are:

– meeting the housing needs of citizens;

- management of an apartment building.

As you can see, Article 110 of the Housing Code of the Russian Federation defines two forms of housing cooperation: housing and housing-construction cooperatives.

If a housing cooperative purchases a residential building at the expense of the members of the cooperative, then the housing construction cooperative, at the expense of the members of the cooperative, acting as a developer, constructs a residential building with subsequent occupancy upon completion of construction.

Housing cooperatives of both types subsequently participate in the reconstruction and maintenance of the apartment building.

A housing cooperative is a type of non-profit consumer cooperation, as follows from Article 50 of the Civil Code of the Russian Federation, therefore it cannot set the goal of its creation to derive profit from its activities. Although the Civil Code of the Russian Federation provides for the possibility of a consumer cooperative carrying out income-generating activities, but only on the condition that this is provided for by its charter, and this serves to achieve the goals for which it was created, and also if it corresponds to such goals (clause 4 of Article 50 of the Civil Code RF).

It should be noted that the provisions of the Housing Code of the Russian Federation do not apply to housing savings cooperatives created in accordance with the Federal Law of December 30, 2004 No. 215-FZ “On Housing Savings Cooperatives”. These cooperatives operate strictly within the framework of this Law. The norms of the Housing Code of the Russian Federation do not apply to other (created to meet the housing needs of citizens) specialized consumer cooperatives operating on the basis of a special federal law.

The right to join housing and housing-construction cooperatives on the basis of paragraph 1 of Article 111 of the Housing Code of the Russian Federation is possessed not only by citizens who have reached the age of sixteen years, but also by legal entities that are the owners of premises in an apartment building, if the housing cooperative manages the common property in this apartment building. Legal entities that are members of a housing or housing-construction cooperative created before the entry into force of the Federal Law of November 30, 2011 No. 349-FZ “On Amendments to the Federal Law “On Assistance to Development” retain the right to membership in cooperatives housing construction" and separate legislative acts Russian Federation", namely until December 1, 2011.

State or municipal authorities can assist in the creation of housing cooperatives. Citizens specified in Article 49 of the Housing Code of the Russian Federation have a preferential right to join cooperatives created with the assistance of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation or bodies local government(Clause 2 of Article 111 of the RF Housing Code).

Let us recall that Article 49 of the Housing Code of the Russian Federation establishes the procedure for providing residential premises under a social tenancy agreement. Citizens specified in Article 49 of the Housing Code of the Russian Federation are citizens who need housing and are registered for housing under a social tenancy agreement. These include, first of all, low-income citizens (clause 2 of Article 49 of the RF Housing Code). Other categories of citizens include disabled people, participants of the Great Patriotic War, persons who received radiation sickness due to Chernobyl disaster, other citizens (clause 3 of Article 49 of the RF Housing Code).

The decision to create a housing or housing-construction cooperative is made by its founders (persons wishing to create a cooperative) at a general meeting, which is established by paragraph 2 of Article 112 of the Housing Code of the Russian Federation.

Founders – individuals may participate in the meeting in person or through their representatives authorized by duly executed powers of attorney.

Their executive bodies (director, CEO and others) authorized to do so by law and constituent documents, or other persons vested with appropriate powers by virtue of a power of attorney. At the founding meeting, a decision is made to create a housing or housing-construction cooperative and approve its charter (Resolution of the Federal Antimonopoly Service of the Ural District dated October 23, 2007 No. F09-8713/07-S1 in case No. A60-10296/07).

Clause 1 of Article 112 of the Housing Code of the Russian Federation establishes the following limits on the number of members of the cooperative:

– at least five;

– no more than the number of residential premises in a cooperative building.

The decision to organize a housing cooperative is considered adopted if it is voted for by persons wishing to join this cooperative (founders). At the meeting, the issue of registration of the cooperative is resolved, and its charter is also approved (Article 113 of the Housing Code of the Russian Federation).

The charter and minutes of the meeting are submitted to the state registration body of the legal entity. From the moment of state registration of the cooperative, persons who voted for its organization become members of the cooperative.

The charter of the cooperative is the only constituent document of both the housing and housing-construction cooperatives. At the same time, the legal significance of the charter also lies in the fact that the charter is a local normative document, mandatory for all members of this cooperative and the cooperative itself as a legal entity.

Based on the charter, a housing or housing-construction cooperative, represented by the relevant governing body, acts as a participant in civil circulation, a subject of labor, tax and other legal relations.

Currently, legal norms establishing mandatory requirements to the charters of housing and housing-construction cooperatives, are contained in paragraphs 4, 2 of Article 52 of the Civil Code of the Russian Federation (general requirements for the charters of any legal entities), in paragraph 2 of Article 123.2 of the Civil Code of the Russian Federation (requirements for the charters of all consumer cooperatives), in Article 113 of the Housing Code of the Russian Federation .

The charter of a housing cooperative, in accordance with Article 113 of the Housing Code of the Russian Federation, must contain the following information:

– name of the cooperative;

– its location;

– the subject and goals of the cooperative’s activities;

– the procedure for becoming a member of the cooperative;

– the procedure for leaving the cooperative and issuing a share contribution and other payments;

– size of entrance and share fees;

– composition and procedure for making entrance and share contributions;

– liability for violation of obligations to make share contributions;

– the composition and competence of the management bodies of the cooperative and the 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;

– procedure for reorganization and liquidation of the cooperative.

In addition, the charter 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.

Also, the charter may contain other provisions specific to a particular cooperative, provided that they do not contradict the imperative norms of the Civil Code of the Russian Federation, the Housing Code of the Russian Federation and other federal laws.

The standard charter of a housing construction cooperative created to provide residential premises for certain categories of citizens provided for by the legislation of the Russian Federation was approved by Decree of the Government of the Russian Federation dated June 6, 2012 No. 558.

The name of any consumer cooperative, including a housing cooperative, must contain an indication of the main purpose of its activities, as well as the word “cooperative”.

The location of a legal entity is determined by the place of its state registration on the territory of the Russian Federation by indicating the name of the locality ( municipality). State registration of a legal entity is carried out at the location of its permanent executive body, and in the absence of a permanent executive body - another body or person authorized to act on behalf of the legal entity by virtue of the law, other legal act or constituent document (clause 2 of Article 54 of the Civil Code RF).

Like any legal entity, a housing cooperative is subject to state registration. Registration is carried out in accordance with Article 51 of the Civil Code of the Russian Federation, Federal Law No. 129-FZ of August 8, 2001 “On State Registration of Legal Entities and Individual Entrepreneurs” (hereinafter referred to as Law No. 129-FZ).

From the moment of state registration, the cooperative acquires the status of a legal entity, and the founders become members of the cooperative (clause 5 of Article 112 of the RF Housing Code), that is, they have the opportunity to exercise their rights and obligations in full.

State registration data is included in the Unified State Register of Legal Entities, open to the public. The principles of maintaining the State Register, its content, the procedure for providing and the conditions for obtaining information contained in it are established by Articles 4 - 7 of Chapter II of Law No. 129-FZ. The procedure for maintaining the Unified State Register of Legal Entities and providing the information and documents contained therein was approved by Order of the Ministry of Finance of the Russian Federation dated November 23, 2011 No. 158n.

For state registration of legal entities, a state fee is paid, the amount of which is established by Article 333.33 of Chapter 25.3 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation). Currently, the state duty for state registration of legal entities is charged in the amount of 4,000 rubles (subclause 1 of clause 1 of Article 333.33 of the Tax Code of the Russian Federation).

Refusal of state registration, as well as evasion of such registration, can be appealed in court (Article 51 of the Civil Code of the Russian Federation).

Like any other legal entity, a housing cooperative acquires civil rights and assumes civil responsibilities through its bodies acting in accordance with the law, other legal acts and constituent documents.

The governing bodies in housing and housing-construction cooperatives, in accordance with Article 115 of the Housing Code of the Russian Federation, are:

– general meeting of members of the cooperative;

– conference, if the number of participants in the general meeting is more than 50 and this is provided for by the charter of the cooperative;

– board and chairman of the board of the cooperative.

The general meeting is the highest governing body of the cooperative. The board manages the current activities of the cooperative and, in essence, is its executive body. The board elects a chairman from among its members and exercises other powers not assigned by the charter to the competence of the general meeting (resolution of the Federal Antimonopoly Service of the West Siberian District dated September 11, 2008 No. F04-5583/2008(11447-A45-39) in case No. A45-3446/ 2008-20/99).

The conference has the same powers as the general meeting. A general meeting is formed in a cooperative where there are no more than 50 members, a conference where there are more than 50. Conference participants are elected from among the members of the cooperative at a general meeting for a certain term. The number of participants is provided for by the charter.

The general meeting of members of the cooperative (conference) is its supreme body. The competence of the general meeting (conference) is determined by the charter of the cooperative; The charter also determines the procedure for convening a meeting (Article 116 of the RF Housing Code). The competence of the general meeting (conference) includes decisions on basic (fundamental) issues for the activities of the cooperative.

The RF Housing Code provides for a number of issues to be resolved by the general meeting (conference). Thus, according to paragraph 2 of Article 124 of the Housing Code of the Russian Federation, the basis for moving into residential premises in a cooperative building is the decision of the general meeting.

The general meeting is valid if more than 50% of the cooperative members are present. The decision of the general meeting is considered adopted if more than half of the members of the cooperative present at this meeting vote for it.

Clause 1 of Article 117 of the Housing Code of the Russian Federation provides for the possibility of making decisions by a qualified majority of three-quarters of the votes of the present members of the cooperative on issues specified in the charter.

The decisions of the general meeting are binding on all members of the cooperative, including those who did not participate in the general meeting, and are binding on the board of the cooperative, the chairman of the board and the control body of the audit commission.

Elections of the board of the cooperative and the audit commission (auditor) fall within the exclusive competence of the general meeting of members of the housing cooperative. At the general meeting, minutes must be kept, where the decision of the meeting is recorded. The minutes are signed by the chairman and secretary of the meeting.

The board of a housing cooperative, in accordance with paragraph 1 of Article 118 of the Housing Code of the Russian Federation, is elected from among the members of the housing cooperative. This body is elected by the general meeting (conference) from among the members of the cooperative in the number and for the period determined by the charter of the cooperative.

The board manages the day-to-day activities of the cooperative. It makes decisions on issues that are not within the competence of the general meeting of its members.

Thus, the board of the cooperative prepares for consideration of the general meeting (conference) issues within the competence of the meeting; organizes the implementation of its decisions; promptly resolves economic issues (maintenance and repair of the house, loan repayment, personnel issues); monitors compliance by members of the cooperative with statutory duties, etc. Moreover, in case of violation by persons responsible for the maintenance of residential buildings, the rules for the maintenance and repair of residential buildings will be grounds for bringing these persons to administrative responsibility.

By decision of the general meeting (conference), the board disposes of the funds of the cooperative stored in bank accounts.

The board of the cooperative elects a chairman from among its members. Decisions of the board can only be canceled by a general meeting of members of the cooperative (conference).

The procedure for the activities of the board, the procedure for making decisions by it, is established by the charter of the cooperative, as well as regulations, regulations or other internal documents. The board is accountable to the general meeting (conference); carries out management of current activities, as well as other powers not assigned by the charter of the cooperative to the competence of the general meeting of the cooperative (conference).

The Housing Code of the Russian Federation defines a number of issues that fall within the competence of the board of the cooperative. Thus, according to Article 118 of the Housing Code of the Russian Federation, the board elects the chairman of the cooperative from among its members. The responsibility of the board, on the basis of Article 121 of the RF Housing Code, is to consider (within the prescribed period) the application of a citizen or legal entity wishing to become a member of the cooperative (the decision on admission to membership of the cooperative is the competence of the general meeting).

Renting out residential premises by a member of a cooperative is permitted with the consent of the board, which is established by Article 128 of the Housing Code of the Russian Federation. A member of the cooperative must notify the board of the move-in of temporary residents (Article 126 of the Housing Code of the Russian Federation).

Based on the provisions of Article 118 of the Housing Code of the Russian Federation, which defined the functions of the board - management of current activities, it is advisable to include among the powers of the board: organization of general meetings; maintaining accounting documents; organization of work on maintenance and repair of the house; consideration of applications (claims) of members of the cooperative, and so on.

According to paragraph 1 of Article 119 of the Housing Code of the Russian Federation, the chairman is elected by members of the board for a period determined by the charter. The powers of the head of a legal entity, including acting on behalf of a cooperative without a power of attorney, arise from the moment he is elected to this position, as stated in the resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated February 7, 2007 in case No. A79-7068/2005.

The chairman of the board is elected only from members of the housing cooperative. If the cooperative consists of legal entities, an authorized representative of one of them can also be elected chairman.

The powers of the chairman of the board must be recorded in the charter of the housing cooperative. The chairman of the board acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions; ensures the implementation of board decisions (Article 119 of the RF Housing Code). The chairman ensures the implementation of decisions of the general meeting (conference) and the board of the cooperative; represents the cooperative in relations with government agencies, organizations, concludes contracts, and performs other actions in the interests of the cooperative.

The chairman of the board must act within the limits of authority granted to him in the interests of the cooperative, in good faith and reasonably.

The chairman is responsible for violating the requirements of the law. The right to demand compensation for losses in full belongs to the cooperative itself (Article 15 of the Civil Code of the Russian Federation).

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 audit commission (auditor) of a housing cooperative, in accordance with paragraph 1 of Article 120 of the Housing Code of the Russian Federation, 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.

Note!

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 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, for example, the regulations on the audit commission, approved by the general meeting (conference).

The election of an audit commission (auditor) is mandatory in all housing and housing-construction cooperatives created and operating in accordance with the Housing Code of the Russian Federation.

The main rights and responsibilities of the audit commission (auditor) are defined in paragraph 3 of Article 120 of the RF LC. Specified authority:

– it is mandatory to carry out scheduled audits of the financial and economic activities of the cooperative at least once a year;

– presents to the general meeting of members of the cooperative (conference) a conclusion on the budget, annual report and the amount of mandatory payments and contributions;

– reports to the general meeting of members of the cooperative (conference) on its activities.

The Audit Commission (auditor) has the right at any time 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.

Issues of admission to members of the cooperative are decided by the general meeting; it approves the preliminary decision of the board on this issue. According to paragraph 2 of Article 121 of the Housing Code of the Russian Federation, a citizen is recognized as a member of the cooperative not from the date of the decision made by the general meeting (conference), but from the moment of payment of the entrance fee.

If the application of a citizen or legal entity for admission to membership in the cooperative is reviewed by the board and accepted, the citizen (representative of the legal entity) is informed where and when the general meeting of members of the housing cooperative will be held.

Article 111 of the RF Housing Code does not contain any requirements for joining a cooperative, except for the age of the person who has expressed a desire to become a member of the cooperative. At the same time, apparently, there may be some circumstances that impede entry into the cooperative, that is, that served as the reason for refusal (for example, lack of funds for entrance and other fees).

The refusal of the board to accept an application or the refusal of the general meeting to accept a person as a member of the cooperative may be challenged in court.

The rules for the reorganization and liquidation of housing and housing-construction cooperatives are established by Articles 122 and 123 of the Housing Code of the Russian Federation.

The concept of “reorganization” means the termination of a reorganized legal entity with the transfer of its rights and obligations to other persons. Features of succession depending on the form of reorganization of a legal entity (merger, accession, division, separation, transformation) are established in Article 58 of the Civil Code of the Russian Federation.

The transformation of a housing cooperative represents a change organizational form such a cooperative, as a result of which a legal entity of a different type, provided for by law, arises. The decision on the voluntary transformation of a housing cooperative is made by the general meeting of its members (conference).

For this form of reorganization of a housing or housing-construction cooperative, such as its transformation, the Housing Code of the Russian Federation established a restriction in an imperative norm: the specified cooperative can only be transformed into a homeowners’ association, which is recognized as 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 or in the cases specified in paragraph 2 of Article 136 of the Housing Code of the Russian Federation, the property of the owners of premises in several apartment buildings or the property of the owners of several residential buildings, ensuring possession, use and established by law within the limits of disposing of common property in an apartment building or joint use of property owned by the owners of premises in several apartment buildings, or property owned by the owners of several residential buildings, carrying out activities to create, maintain, preserve and increase such property, providing utilities persons using, in accordance with the Housing Code of the Russian Federation, premises in these apartment buildings or data residential buildings, as well as for carrying out other activities aimed at achieving the goals of managing apartment buildings or at the joint use of property belonging to the owners of premises in several apartment buildings, or the property of the owners of several residential buildings (clause 1 of Article 135 of the Housing Code of the Russian Federation).

A housing cooperative is considered reorganized in the form of transformation from the moment of state registration of the homeowners' association created as a result of the reorganization (clause 4 of Article 57 of the Civil Code of the Russian Federation).

Liquidation of housing and housing-construction cooperatives is carried out on the grounds and in the manner that are common to all legal entities and are established by Articles 61 - 65 of the Civil Code of the Russian Federation. The main difference between the liquidation of a legal entity and its reorganization in any form is that liquidation does not imply universal succession, that is, the transfer of rights and obligations, for example, of a liquidated cooperative to other entities. Therefore, upon liquidation, a housing or housing construction cooperative ceases to exist as a legal entity and as a participant in civil circulation.

The procedure for state registration during the liquidation of a legal entity is defined in Article 22 of Law No. 129-FZ. State registration in such cases is carried out by the registering authority at the location of the liquidated legal entity.

The liquidation commission (liquidator) notifies the registration body of the completion of the liquidation process of a legal entity no earlier than two months from the moment the liquidation commission (liquidator) publishes a publication on the liquidation of the legal entity in the press.

From the moment of entry into State Register records on the liquidation of the relevant legal entity, such legal entity ceases to exist as a subject civil law(Clause 9 of Article 63 of the Civil Code of the Russian Federation).

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.

Organization of a cooperative. Charter of the housing cooperative

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 activities are carried out: it is necessary to decide organizational matters and identify a real estate object - 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 current law and have no disagreements with each other.

Housing cooperative members

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. Maximum permissible quantity members is determined by the number of living quarters 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.

Cooperative management

The law defines the governing bodies of a cooperative as:

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

The activities of the conference and the limits of its powers are regulated by the charter of the cooperative. The conference meets at regular meetings, which usually take place at least once every 12 months, also according to important issues Extraordinary meetings may also be held. 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.

Decisions of the meeting of founders

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:

• chairman and secretary of the meeting;
• audit and counting commission meetings;
• members of the board of the cooperative, chairman of the board;
• At the meeting of the founders, the agenda and charter are approved, and other pressing issues are discussed.

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.

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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.

Article 111. Right to join housing cooperatives

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.

Article 112. Organization of a housing cooperative

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.

Article 113. Charter of a housing cooperative

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.

Article 114. State registration of a housing cooperative

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

Article 115. Management bodies of a housing cooperative

The governing bodies of the housing cooperative are:

1) general meeting of members of the housing cooperative;

2) 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.

Article 116. Management in a 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.

Article 116.1. Requirements for officials of a housing cooperative

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 a manager, his deputy or a chief accountant (an accountant in the absence of a chief accountant on staff) of an organization operating in the field of construction, reconstruction, and major repairs of facilities capital construction, engineering surveys for construction, architectural and construction design, or were individual entrepreneurs operating in these areas, if such an organization, 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 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.

Article 117. General meeting of members of a housing cooperative

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.

Article 118. Board of a housing cooperative

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).

Article 119. Chairman of the board of a housing cooperative

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.

Article 120. Audit commission (auditor) of a housing cooperative

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.

Article 121. Admission to membership in a housing 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).

Article 122. Reorganization of a housing cooperative

By decision of the general meeting of its members (conference), a housing cooperative can be transformed into a homeowners' association.

Article 123. Liquidation of a housing cooperative

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

• Section I. General provisions
  • Chapter 1. (Articles 1-14)
    • Article 1.
    • Article 2.
    • Article 3.
    • Article 4.
    • Article 5.
    • Article 6.
    • Article 7.
    • Article 8.
    • Article 9.
    • Article 10.
    • Article 11.
    • Article 12.
    • Article 13.
    • Article 14.
  • Chapter 2. (Articles 15-21)
    • Article 15.
    • Article 16.
    • Article 17.
    • Article 18.
    • Article 19.
    • Article 20.
    • Article 21.
  • Chapter 3. (Articles 22-24)
• Article 22.
• Article 23.
• Article 24.

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