Homeowners Partnership ( HOA ) - a legal entity , a non-profit organization created on the basis of a combination of owners of the premises of an apartment building or owners of neighboring plots with residential buildings (houses) to jointly manage those premises of this house and the lands that are jointly owned and used, and also for conducting business activities in such a house and on land jointly owned, in the form of exploitation of common property, construction of additional premises niy and objects of common property, as well as leasing, rent part of the common property in an apartment building or common land.
A homeowners partnership is the Russian equivalent of a condominium .
Content
Benefits
Unlike territorial public self-government (TOS) in an apartment building, the HOA is not one of the forms of local self-government (Article 27 of the Federal Law of October 6, 2003 N 131-ФЗ "On General Principles of the Organization of Local Self-Government in the Russian Federation"). HOA allows active owners to acquire the legal personality of the association of owners, more quickly make independent decisions on the management, maintenance and repair of the house.
Weaknesses
In practice, often no one wants to deal with the economic needs of the whole house, to allocate funds for the repair of porches, elevators, people feel that they own only their apartment. Among the owners there are those who do not want to pay membership dues for the maintenance of the house, while there are few ways to influence defaulters. Even if they are excluded from the HOA by the general meeting, they still remain in the house. Eviction in court is a big legal problem, and court costs will have to be paid at the expense of the HOA.
Features
In accordance with Article 137 of the Housing Code of the Russian Federation , any owner, regardless of whether he is a member of the HOA or not, is obliged to pay the fees for house maintenance collected by the HOA.
Real Estate Partnership
On September 1, 2014, amendments to the Civil Code of the Russian Federation entered into force, according to which a new legal form of non-profit organizations is introduced - the Partnership of Real Estate Owners , uniting the owners of any type of real estate.
Literature
- Zuykov I. S. Accounting in the HOA using only three tables // Accounting newspaper. - 2015 . - August. - No. 15-16 (360-361). - S.8-10.
- Sofiyskaya N.M. Accounting in the HOA // Housing and utilities: accounting and taxation. - 2016. - No. 10. - P. 11 - 26.
- Chashin A.N. Homeowners Partnerships: Legal Regulation. 2nd Edition, revised. - Moscow: Business and Service, 2015 . - 160 p.
- Mezdrikova T. V. Accounting in the HOA: features of the financial and economic activities of the HOA, comments on the main accounts of accounting in the HOA, standard accounting entries, accounting policy of the HOA, all necessary forms of documents - [2nd ed.]. - Novosibirsk: Siberian University Publishing House, 2008 . - 123 p. : tab .; 21 cm. - (Series Housing Consultant for Owners and Specialists). ISBN 978-5-379-00877-2