Accounting program for housing and communal services. A program for automating accounting in a housing and communal services enterprise: housing and communal services. Possibilities for monitoring and managing HOAs
A new employee is introduced to the signature job description and labor protection, internal rules labor regulations, carry out fire prevention briefing(with a note in the journal).
Employment history recorded in the accounting book (Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69).
HOA appoints executive responsible for the preparation of personnel documentation.
It could be the chairman himself. Papers signed during the activity are stored in the employee’s personal file.
Download free samples of HOA employment contracts:
Briefly about the main thing
An employment contract is concluded upon acceptance of a position as approved at the general meeting.
The employer is obliged to officially employ its employees, provide them with social guarantees (vacations, sick leave), and make insurance and pension contributions.
Proper execution means length of service and official salary. The contract serves as confirmation of the employment relationship. The document does not require approval or coordination with any authorities. There is no single mandatory form for it.
- intelligence: date and place of conclusion, name of the HOA and full name. employee, passport details, TIN;
- conditions: place of work, position, start date of work, payment terms, working hours, working conditions, compensation for hazards, compulsory social insurance.
The type of contract is indicated - urgent or unlimited.
If not all conditions are included, they are formalized in an additional agreement.
The contract and additional agreements are signed in 2 copies, one of them is handed over, the second is filed in a personal file.
In the agreement you can make changes by agreement of the parties (changes in pay, working hours, workplace, transfer to a permanent rate).
The additional agreement is an integral part of the contract and is stored together with it in the personal file.
Agreement can be terminated by agreement of the parties, at the initiative of the employee or employer ().
Fixed-term contract, except for the cases mentioned, terminates upon expiration (). An employee hired for maternity leave is dismissed when the main employee retires.
The question remains debatable whether the relations of the HOA with elected officials (chairman and members of the board) are labor relations. In case of a dispute, such moments are resolved by the court.
Despite the fact that the law gives members of the board and the chairman a special status, the courts proceed from the inadmissibility of infringement of rights and recognize the relationship as labor relations. Many homeowners' associations have guidelines for these positions.
Download free job descriptions for HOA employees:
According to instructions
Legal status of the employee detailed in the job description. Although not mandatory by virtue of the Labor Code of the Russian Federation, this document is de facto necessary for organizing the work process. It defines quality requirements.
- general information – subordination, educational qualifications, qualifications, work experience, skills;
- job responsibilities, functions performed;
- rights;
- responsibility.
Basis for preparing the document – unified qualification directories(ECS, ETKS) and professional standards, approved by the Russian Ministry of Labor.
Professional standards are a new concept in the Labor Code of Russia (introduced in 2012), which is being actively introduced into personnel policy.
The procedure for approving the document should be found in the HOA Charter.
Most often this local act approved by the chairman of the board. The timing of the review is not established by law; when responsibilities are expanded, changes are made to the document.
As a rule, it is more convenient to approve a new edition. Signed papers are stored in the HR department or an authorized person. It is recommended to have a copy at work.
Safety first
The partnership is obliged to conduct occupational safety briefing(). Safety instructions are compiled by type of work performed and by position, using standard and inter-industry instructions on labor protection.
The procedure for their approval is determined in the Charter (most often, they are approved by the chairman by decision of the meeting).
Safety instructions and job descriptions do not need approval from any external bodies. In an association, due to the small number of employees, their development will most likely be entrusted to one person rather than to the heads of departments.
Their journal accounting.
The update is carried out at least once every 5 years, ahead of schedule - when operating conditions change, the introduction of new equipment, at the request of the labor inspectorate (clauses 5.6, 5.7 of the Methodological Recommendations, approved by Resolution of the Ministry of Labor of Russia dated December 17, 2002 No. 80).
If working conditions remain unchanged, documents are extended for the same period.
Instruction structure contains requirements:
Safety instructions must be accessible to the employee: posted at the workplace or on a stand.
Follow the rules
All employees of the partnership are subject to the rules internal labor regulations.
The chairman submits the rules for approval by the general meeting (clause 2 of article 149 of the RF Housing Code).
Sections document:
- procedure for hiring and dismissal;
- responsibilities of employees and employer;
- working hours;
- incentive measures;
- liability for violation of labor discipline.
All interested parties can familiarize themselves with the rules.
Regulations on wages in the HOA.
Salary
Regulations on remuneration of workers approves members upon proposal of the chairman.
- general provisions;
- wage system, calculation procedure;
- salary structure;
- types of additional payments, accrual conditions;
- procedure and terms of payments.
All of the above applies to persons working under the Labor Code of the Russian Federation.
The person who signed civil contract, is not protected by labor legislation: sick leave is not paid, vacation is not provided.
However, if such an agreement was regularly renewed (more than three times, each time for a long period), payment is made twice a month, and the work performed similar to the duties of full-time employees, by a court decision, the relationship can be recognized as an employment relationship.
Judicial practice has developed in favor of workers.
Let's sum it up
The law lists uniform requirements for an employment contract, gives recommendations for other personnel documents. The procedure for approving local acts must be contained in the HOA charter.
Homeowners should participate more actively in the life of the association, attend meetings, and vote on issues discussed. Hired employees need to carefully read the documents signed upon employment.
Properly organized office work will help the manager avoid unnecessary inspections, fines and courts.
If you find an error, please highlight a piece of text and click Ctrl+Enter.
Country support:
Operating system: Windows
Family: Universal Accounting System
Purpose: Business automation
Main features of the program:
The program takes into account the characteristics of all utility companies and other organizations working with the population
Convenient work with any number of subscribers and recording of all necessary data
Quick registration and search of data on settlements, streets, districts, houses and apartments
Working with various metering devices and calculating charges based on consumption standards
Carrying out accruals based on the number of residents
Calculation based on the area of the apartment or house and other parameters you need
Distribution of the total invoice from the subcontractor among subscribers
Our program allows you to divide subscribers into the desired categories and assign them individual tariffs
The system can work with any utility services, at any types of tariffs, including differentiated ones
You can easily take into account any one-time services and work
Our program will allow you to quickly find the desired subscriber, group or sort them according to specified parameters
Mass accruals for subscribers without metering devices and individual accruals based on meter readings optimize the working time of your employees
All payments will be under your complete control, including cash and non-cash payments
The program provides convenient recalculation and accrual of penalties for defaulters
You can easily find out debts or overpayments of subscribers
You can easily enter initial data using the import function from modern electronic formats
The program supports work within the Unified Settlement Center. All charges and payments can be easily exported or imported into the system
You can quickly print payment receipts and even send them as an attached file to subscribers’ emails
The consumption of goods and materials for orders and services will be strictly accounted for.
The program will tell you what goods and materials you need to purchase
The work order for the provision of services or work will be filled in with the necessary information automatically
The accounting system of a utility company generates registers for inspectors and lists of subscriptions
Using various summary reports, you can evaluate all the important business processes of your company
A clear visualization of profit dynamics will help you easily analyze the company’s activities and profitability
Integration with the latest technologies will allow you to shock your clients and deservedly gain the reputation of the most modern company
Reserve
copying
Application
for staff
Application
for clients
You can quickly enter the initial data necessary for the program to work. This is done using convenient manual data entry or import.
The program interface is so easy that even a child can quickly figure it out.
Language of the basic version of the program: RUSSIAN
You can also order an international version of the program, into which you can enter information in ANY LANGUAGE of the world. You can even easily translate the interface yourself, since all the names will be placed in a separate text file.
Are you tired of doing a given job in several programs? Do you want to work in comfort? Do you want to complete the task faster? If yes, then this can be changed easily and quickly. Today, in the age of information technology, the Universal Accounting System company has found the optimal solution for HOA employees. If you performed work using several programs that took a huge amount of time and effort, then USU offers you the optimal solution - a program for homeowners associations for free. Launching just one program will open up new opportunities for you. To do this you need a computer with the Windows operating system. You will understand how unique it is and how easy it is to use, so any PC user can learn it. A convenient and intuitive interface will help the employee navigate this program. A free accounting program for HOAs will not only reduce the time it takes to complete the work, but will also completely facilitate the control of HOA employees.
By registering your employee using his personal login and password, he will have certain access rights depending on his position. With all this, the head of the organization will have full access to all sections of the database, as well as the corresponding authority to perform any actions.
You can use this program on one computer or on several. For the second option, you need to connect them via a local network or via the Internet.
If you have worked in other programs before and the entire customer database is stored electronically, then you can easily import all data into the program for HOAs for free. To do this, you need to click the “Import” button and match the corresponding columns. Registration of new users will take you a few minutes: fill out the main form with the subscriber’s data, indicate the services that he will use, and save. This way the subscriber automatically gets into the general database. You can divide users into different categories and subcategories depending on various factors. If there is a need to quickly find the right client, then the search engine will help you find him by full name, personal account number or residential address in just a few milliseconds. And if you need to view a list of clients according to the desired criterion, but they are not combined into a group, then the filter will be able to generate it for you in a couple of moments.
The free download program for homeowners associations is very simple, but at the same time quite powerful, so even if a huge number of users are registered, the program will work the same without interruption.
To make the interface of the free accounting program for homeowners associations even more comfortable for you, more than fifty different themes have been created. For convenience, you can adjust the working window by changing, adding or hiding any additional columns.
Services are customized by you to suit your organization. For example, solid waste removal, hot and cold water, heating, maintenance, parking fees, etc. They can be either permanent or one-time. Charges for them can be made differently for different subscribers, as well as with and without metering devices. In the case of charges without metering devices, they will be made en masse according to the established consumption rate. Tariffs, as well as services, can be customized by you. The program itself saves past meter readings. The free accounting software for homeowners' associations automatically identifies all defaulters and charges them a penalty.
It is very easy to keep accounting records in the free download program for HOAs, since all of his activities, debts, overpayments, etc. are visible for each user.
The program can be used by:
By watching the following video, you can quickly familiarize yourself with the capabilities of the USU program - the Universal Accounting System. If you do not see the video uploaded to YouTube, be sure to write to us, we will find another way to show the demo video!
Possibilities for monitoring and managing HOAs
- If the tariff changes, the free download program for homeowners associations will automatically recalculate.
- To obtain up-to-date data, the reporting system can perform auto-update;
- The program supports differential tariff;
- Payment for services provided is made either in cash or by bank transfer. At your request, a connection can be established in QIWI terminals;
- The program for homeowners' associations can be downloaded for free and will allow you to see the actions of each employee, as well as control all financial movements;
- The calculation will take into account both the client’s overpayment and the debt;
- The program can send subscribers the necessary information and notify them about a payment or debt via SMS or Viber. Receipts can be sent by email. There is also a voice calling function;
- At your request, it is possible to order a function that will allow you to see all the information about the subscriber calling you;
- We thought about the security of your data and made it so that all the data from the accounting program for homeowners associations will be stored in one file for free, so that you can download and save them in a safe place without unnecessary hassle and if your computer breaks down or something like that kind of, without problems recovering data;
- Also, for security reasons, the accounting program for homeowners associations will be blocked for free after logging in and inactivity for a certain amount of time;
- Working with the program for homeowners associations free download can be done remotely;
- The total bill from the subcontractor will be distributed among all residents;
- If there are disagreements with the client regarding testimony or accruals, then you can print out the reconciliation report;
- It is very easy to control all activities of the HOA thanks to analytical reports;
- Formation of a register of debtors, as well as mass and manual calculation of penalties;
- The accounting program for homeowners' associations can be downloaded for free from anywhere in the world;
- Try downloading the HOA program and make sure that this is the best solution for automating your enterprise;
MODEL CHARTER
HOMEOWNERS ASSOCIATIONS
1. General Provisions
1.1. Homeowners Association "______________________", formed on the basis of the house (houses) N ____________ on the street ___________________________________________________________________________,
hereinafter referred to as the Partnership, is an association of owners of premises in an apartment building for joint management, ensuring the operation of a complex of movable and immovable property, ownership, use and disposal of common property in accordance with the Civil Code of the Russian Federation, the Housing Code of the Russian Federation and other legislative acts of the Russian Federation governing civil and housing legal relations.
1.2. Location (legal address) of the Partnership: _________________.
1.3. The Partnership is a non-profit organization. The Partnership has the right to carry out business activities in accordance with Art. 152 of the Housing Code of the Russian Federation.
1.4. Funds received by the Partnership as a result of economic activities, by decision of the general meeting, are used to pay general expenses in accordance with the Partnership's budget or are sent to special funds spent for the purposes provided for in the Charter, and are not subject to distribution among members of the Partnership in the form of dividends.
1.5. The partnership is a legal entity from the moment of state registration, has an independent balance sheet, current and other bank accounts, round and other seals with its name, a corner stamp, forms and other details necessary for carrying out business activities.
1.6. The Partnership may, in its own name, make any transactions that do not contradict the law and this Charter, acquire property and non-property rights, represent the general interests of the owners of premises in state authorities, local governments and other organizations.
1.7. The Partnership is liable for its obligations with all its property and is not liable for the obligations of the members of the Partnership.
1.8. The partnership is created without limiting the period of activity, unless otherwise provided by the Charter.
1.9. The Partnership is guided in its activities by this Charter, the Housing Code of the Russian Federation, regional laws, orders and resolutions, as well as decisions of the general meeting of members of the Partnership, if they do not contradict current legislation.
1.10. The partnership is created for the purpose of joint management by the owners of premises of a complex of real estate in an apartment building, ensuring the operation of this complex, ownership, use and, within the limits established by law, disposal of common property.
2. Economic activities of the Partnership
homeowners
2.1. To achieve the goals provided for by the Charter, the Homeowners Association has the right to engage in economic activities.
2.2. A homeowners' association may engage in the following types of business activities:
1) maintenance, operation and repair of real estate in an apartment building;
2) construction of additional premises and common property in an apartment building;
3) renting out part of the common property in an apartment building;
2.3. Based on the decision of the general meeting of members of the Homeowners Association, income from the economic activities of the Partnership is used to pay general expenses or is sent to special funds spent for the purposes provided for by the Charter of the Partnership. Additional income may be used for other purposes of the Homeowners Association’s activities, provided for by the Charter of the Partnership.
3. Rights of the Homeowners Association
3.1. The homeowners association has the right to:
1) conclude, in accordance with the law, an agreement for the management of an apartment building, as well as agreements on the maintenance and repair of common property in an apartment building, agreements on the provision of utility services and other agreements in the interests of members of the Partnership;
2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property in an apartment building, costs for major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as expenses for other expenses established by the Charter of the Partnership goals;
3) establish, on the basis of the accepted estimate of income and expenses for the year of the Partnership, the amounts of payments and contributions for each owner of premises in an apartment building in accordance with his share in the right of common ownership of common property in an apartment building;
4) perform work for the owners of premises in an apartment building and provide them with services;
5) use loans provided by banks in the manner and under the conditions provided for by law;
6) transfer material and monetary resources under the agreement to persons performing work for the Partnership and providing services to the Partnership;
7) sell and transfer for temporary use, exchange property belonging to the Partnership;
8) create an association of homeowners’ associations for joint management of common property in apartment buildings.
3.2. In cases where this does not violate the rights and legitimate interests of the owners of premises in an apartment building, the Homeowners Association has the right to:
1) provide for use or limited use part of the common property in an apartment building;
2) in accordance with the requirements of the law, in the prescribed manner, build on, rebuild part of the common property in an apartment building;
3) receive for use or acquire land plots into common shared ownership of the owners of premises in an apartment building for housing construction, construction of utility or other buildings and their further operation;
4) carry out, in accordance with the requirements of the law, on behalf and at the expense of the owners of premises in an apartment building, the development of allocated land plots adjacent to such a house;
5) enter into transactions and other actions that meet the goals and objectives of the Partnership.
3.3. If the owners of premises in an apartment building fail to fulfill their obligations to participate in common expenses, the Homeowners Association has the right in court to demand forced reimbursement of mandatory payments and contributions.
3.4. A homeowners' association may demand in court full compensation for losses caused to it as a result of the failure of the owners of premises in an apartment building to fulfill their obligations to pay mandatory payments and contributions and pay other general expenses.
4. Responsibilities of the Homeowners Association
4.1. The homeowners association is obliged to:
1) ensure compliance with the requirements of Chapter 13 of the Housing Code of the Russian Federation, the provisions of other federal laws, other regulatory legal acts, as well as the Charter of the Partnership;
2) enter into agreements on the maintenance and repair of common property in an apartment building with the owners of premises in the apartment building who are not members of the Partnership;
3) fulfill obligations under the contract in the manner prescribed by law;
4) ensure proper sanitary and technical condition of common property in an apartment building;
5) ensure that all owners of premises in an apartment building fulfill their responsibilities for the maintenance and repair of common property in an apartment building in accordance with their shares in the right of common ownership of this property;
6) ensure compliance with the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for ownership, use and disposal of common property;
7) take measures necessary to prevent or terminate actions of third parties that impede or interfere with the exercise of the rights of ownership, use and, within the limits established by law, of the owners of premises with common property in an apartment building;
8) represent the legitimate interests of the owners of premises in an apartment building, including in relations with third parties.
5. Ownership rights to common property of owners
premises in an apartment building
5.1. The owners of premises in an apartment building own, by right of common shared ownership, premises that are not parts of apartments and are intended to serve more than one premises in a given building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics , basements in which there are utility lines, other equipment serving more than one room in a given house (technical basements), as well as roofs enclosing load-bearing and non-load-bearing structures of a given house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one premises, the land plot on which this house is located, with elements of landscaping and landscaping and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot (hereinafter referred to as the common property in an apartment building home). The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.
5.2. The owners of premises in an apartment building own, use and dispose of common property in an apartment building within the limits established by civil legislation and the Housing Code of the Russian Federation.
5.3. Reducing the size of common property in an apartment building is possible only with the consent of all owners of premises in this building, including those who are not members of the HOA, through its reconstruction or modernization.
5.4. By decision made at a general meeting of owners of premises in an apartment building, common property in an apartment building may be transferred for use to other persons if this does not violate the rights and legitimate interests of the owners of premises in this building.
5.5. The land plot on which the apartment building is located may be encumbered with the right of limited use by other persons. It is not permitted to prohibit the establishment of encumbrances on a land plot if it is necessary to ensure access for other persons to objects that existed before the entry into force of the Housing Code of the Russian Federation. A new encumbrance of a land plot with a right of limited use is established by agreement between the person requiring such an encumbrance of the land plot and the owners of premises in an apartment building. Disputes regarding the establishment of encumbrance of a land plot with the right of limited use or the conditions of such encumbrance are resolved in court.
6. Determination of shares in common property rights
for common property in an apartment building
6.1. The share in the right of common ownership of common property in an apartment building of the owner of the premises is proportional to the size of the total area of the specified premises.
6.2. The share in the right of common ownership of common property in an apartment building of the owner of the premises follows the fate of the ownership of the specified premises.
6.3. When transferring ownership of premises in an apartment building, the share in the right of common ownership of the common property of the new owner of such premises is equal to the share in the right of common ownership of the specified common property of the previous owner of such premises.
6.4. The owner of the premises has no right:
1) to allocate in kind his share in the right of common ownership of common property;
2) alienate his share in the right of common ownership of common property in an apartment building, as well as perform other actions entailing the transfer of this share separately from the right of ownership of the specified premises.
7. Funds and property of the Homeowners Association
7.1. The Homeowners Association may own movable property, as well as real estate located inside or outside an apartment building.
7.2. The funds of the Homeowners Association consist of:
1) mandatory payments, entrance and other fees of members of the Partnership and owners of premises who are not members of the HOA;
2) income from the economic activities of the Partnership aimed at achieving the goals, objectives and fulfillment of the obligations of the Partnership;
3) subsidies to ensure the operation of common property in an apartment building, carrying out current and major repairs, providing certain types of utilities and other subsidies;
4) other income.
7.3. Based on the decision of the general meeting of members of the Homeowners Association, special funds may be formed in the Partnership and spent on the purposes provided for in the Charter. The procedure for the formation of special funds is determined by the general meeting of members of the Partnership.
7.4. The Board of the Homeowners Association has the right to dispose of the Partnership’s funds in its bank account in accordance with the Partnership’s financial plan.
8.1. Owners of premises in an apartment building bear the burden of expenses for maintaining common property in an apartment building.
8.2. The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises, is determined by the share in the right of common ownership of the common property of the specified owner.
9. Membership in the Homeowners Association
9.1 Membership in the Homeowners Association arises from the owner of premises in an apartment building on the basis of an application for membership in the Homeowners Association.
9.2. If a Homeowners Association has been created in an apartment building, persons purchasing premises in this building have the right to become members of the Partnership after they acquire ownership of the premises.
9.3. Membership in the Homeowners Association is terminated from the moment of filing an application to leave the Partnership or from the moment of termination of the ownership rights of a member of the Partnership to premises in an apartment building.
10. Management bodies of the Homeowners Association
The governing bodies of the Homeowners Association are the general meeting of members of the Association and the board of the Association.
11. General meeting of members of the Homeowners Association
11.1 The General Meeting of members of the Homeowners Association is the highest governing body of the Partnership and is convened in the manner established by the Housing Code of the Russian Federation and the Charter of the Partnership.
11.2. The competence of the general meeting of members of the Homeowners Association includes:
1) amendments to the Charter of the Partnership:
4) establishing the amount of mandatory payments and contributions for owners of premises in an apartment building;
11.3 The Charter of the Homeowners Association may include the resolution of other issues in addition to those indicated within the competence of the general meeting of members of the Association.
11.4. The general meeting of members of the Homeowners Association has the right to resolve issues that fall within the competence of the board of the Association.
12. Procedure for holding and organizing the general meeting
members of the Homeowners Association
12.1. Notification of a general meeting of members of the Homeowners Association is sent in writing by the person on whose initiative the general meeting is convened, and is given to each member of the Association against signature or by mail (registered mail). The notice is sent no later than ten days before the date of the general meeting.
12.2. The notice of a general meeting of members of the Homeowners Association shall indicate information about the person on whose initiative the general meeting is convened, the place and time of the meeting, and the agenda of the general meeting. The general meeting of members of the Homeowners Association does not have the right to bring up for discussion issues that were not included in the agenda.
12.3. The general meeting of members of the Homeowners Association is valid if it is attended by members of the Partnership or their representatives with more than 50% of the votes.
12.4. Decisions of the general meeting of members of the Homeowners Association on issues included in the competence of the general meeting by the Housing Code of the Russian Federation are adopted by at least 2/3 of the votes of the total number of votes of the members of the Partnership:
1) amendments to the Charter of the Partnership;
2) making decisions on the reorganization and liquidation of the Partnership;
3) election of the board and audit commission (auditor) of the Partnership;
4) establishing the amount of mandatory payments and contributions of members of the Partnership;
5) the formation of special funds of the Partnership, including a reserve fund, a fund for the restoration and repair of common property in an apartment building and its equipment;
6) making a decision on obtaining borrowed funds, including bank loans;
7) determining the directions for using income from the economic activities of the Partnership;
8) approval of the annual plan on the financial activities of the Partnership and a report on the implementation of such a plan;
9) consideration of complaints against the actions of the board of the Partnership, the chairman of the board of the Partnership and the audit commission (auditor) of the Partnership;
10) adoption and amendment, upon the proposal of the chairman of the board of the Partnership, of the internal regulations of the Partnership in relation to employees whose duties include servicing an apartment building, provisions on remuneration for their labor;
11) determining the amount of remuneration for members of the Board of Directors of the Partnership;
12) making decisions on leasing or transferring other rights to common property in an apartment building;
13) other issues provided for by the Housing Code of the Russian Federation or other federal laws.
Decisions on other issues are made by a majority vote of the total number of votes of the members of the Partnership or their representatives present at the general meeting.
12.5. Decisions of the general meeting of HOA members are documented in minutes, which are signed by the chairman and secretary of the meeting and stored _____________.
12.6. The general meeting of members of the Homeowners Association is chaired by the chairman of the board of the Association or his deputy. In case of their absence, the general meeting is chaired by one of the members of the board of the Partnership.
12.7. Voting can be carried out by means of a written survey or voting in groups of members of the Partnership, depending on the type (residential or non-residential) of the premises they own in an apartment building and the issues being resolved.
13. Board of the Homeowners Association
13.1. The management of the activities of the Homeowners Association is carried out by the board of the Association. The Board has the right to make decisions on all issues of the Partnership’s activities, with the exception of issues falling within the exclusive competence of the general meeting of owners of premises in an apartment building and the competence of the general meeting of members of the Homeowners Association.
13.2. The Board of the Homeowners Association is elected from among the members of the Partnership by the general meeting of members of the Partnership for a period of ______________________.
13.3. The Board of the Homeowners Association elects the Chairman of the Association from among its members.
13.4. The Board of the Homeowners Association is the executive body of the Partnership, accountable to the general meeting of members of the Partnership.
13.5. A meeting of the board of the Homeowners Association is convened by the chairman within the time frame _________________________________.
13.6. A meeting of the board of the Homeowners Association is recognized as valid if a majority of the members of the board of the Association participate in such a meeting. The decision of the board of the Homeowners Association is documented in a protocol.
14. Responsibilities of the board of the Homeowners Association
The responsibilities of the Board of the Partnership include:
14.1. Compliance by the Partnership with legislation and the requirements of the Charter of the Partnership.
14.2. Drawing up estimates of income and expenses for the corresponding year of the Partnership and reports on financial activities, submitting them to the general meeting of members of the Partnership for approval.
14.3. Management of an apartment building or concluding contracts for its management.
14.4. Concluding contracts for the supply of utilities.
14.5. Conclusion of contracts for the maintenance, operation and repair of common property in an apartment building.
14.6. Hiring workers to service an apartment building and firing them.
14.7. Control over the timely payment by members of the Partnership of established mandatory payments and contributions.
14.8. Maintaining a list of members of the Partnership, office work, accounting and financial reporting.
14.9. Convening and holding a general meeting of members of the Partnership.
14.10. Fulfillment of other duties arising from the Charter of the Homeowners Association.
15. Chairman of the Board of the Homeowners Association
15.1. The Chairman of the Board of the Homeowners Association is elected for a term of ____________________. The Chairman of the Board of the Partnership ensures the implementation of decisions of the Board, has the right to give instructions and orders to all officials of the Partnership, the execution of which is mandatory for these persons.
15.2. The Chairman of the Board of the Homeowners Association acts without a power of attorney on behalf of the Partnership, signs payment documents and makes transactions that, in accordance with the law, the Charter of the Partnership, do not require mandatory approval by the board of the Partnership or the general meeting of members of the Partnership, develops and submits internal rules for approval to the general meeting of members of the Partnership the Partnership's regulations regarding employees whose duties include maintaining an apartment building, and the provisions on remuneration for their labor.
15.3. Based on the decision of the board, the HOA signs contracts for the provision of housing and communal services.
16. Audit Commission (auditor) of the Partnership
homeowners
16.1. The Audit Commission (auditor) of the Homeowners Association is elected by the general meeting of members of the Association for a period of ______________. The audit commission of the Homeowners' Association cannot include members of the Association's board.
16.2. The Audit Commission of the Homeowners Association elects the Chairman of the Audit Commission from among its members.
16.3. Audit Commission (auditor) of the Homeowners Association:
1) conducts audits of the financial activities of the Partnership at least once a year;
2) presents to the general meeting of members of the Partnership a conclusion on the estimate of income and expenses for the corresponding year of the Partnership and a report on financial activities and the amount of mandatory payments and contributions;
3) reports to the general meeting of members of the Partnership on its activities.
17. Rights and obligations of the owner of residential premises
17.1. The owner of a residential premises exercises the rights of ownership, use and disposal of the residential premises owned by him in accordance with its purpose and the limits of its use, which are established by the Housing Code of the Russian Federation.
17.2. The owner of a residential premises has the right to provide his possession and (or) use of residential premises belonging to him by right of ownership to a citizen on the basis of a lease agreement, a contract of gratuitous use or on other legal grounds, as well as to a legal entity on the basis of a lease agreement or on other legal grounds, taking into account requirements established by civil legislation and the Housing Code of the Russian Federation.
17.3. The owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building.
17.4. The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.
18. Expenses of premises owners in an apartment building
18.1. The owner of premises in an apartment building is obliged to bear the costs of maintaining the premises he owns, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the right of common ownership of this property by paying a fee for the maintenance and repair of residential premises.
18.2. Decisions of the general meeting of members of the Association of Homeowners in an apartment building on carrying out major or current repairs, their volume, deadlines and payment of expenses for their implementation are mandatory for all owners of premises in an apartment building.
18.3. The burden of responsibility for paying mandatory payments and expenses for the maintenance and repair of an apartment building applies to all owners of premises in this building from the moment ownership of the premises in this building arises, regardless of whether they are members of the HOA.
18.4. When the ownership of premises in an apartment building is transferred to the new owner, the previous owner’s obligation to pay the costs of maintaining and repairing the apartment building passes to the new owner.
19. Reorganization of the Homeowners Association
The reorganization of the Homeowners Association is carried out on the basis and in the manner established by civil law.
20. Liquidation of the Homeowners Association
20.1. Liquidation of the Homeowners Association is carried out on the basis and in the manner established by civil law.
20.2. The general meeting of owners of premises in an apartment building is obliged to make a decision on the liquidation of the Homeowners Association if the members of the Partnership do not have more than fifty percent of the votes of the total number of votes of the owners of premises in the apartment building.
21. Final provisions
21.1 The Charter is approved by the general meeting of members of the Partnership and comes into force from the date of state registration of the Partnership as a legal entity.
21.2 Amendments, modifications and additions to the Charter of the Homeowners Association are adopted at the general meeting of the Association members or their representatives by a majority vote of the premises owners, in proportion to the shares of participation of those present at the general meeting. Changes and additions to this Charter are subject to state registration and cannot contradict current legislation.
21.3. This Charter is drawn up in ______ copies of equal force.
The main provisions that should be included in the HOA Charter in 2019 are contained in the Housing Code of the Russian Federation and the Civil Code of the Russian Federation. We bring to your attention a simple version of the HOA Charter, based on the regulatory requirements of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation.
The proposed version of the charter is aimed at small HOAs created in 2017 and has the following features:
- An HOA is created on the basis of one apartment building;
- the election of the chairman of the board and termination of his powers is carried out by decision of the general meeting of members of the HOA;
- the partnership has an auditor;
- The charter does not provide for the use of the GIS housing and communal services system or other information system when resolving issues related to management in the homeowners’ association.
"APPROVED"
By the decision of the General Meeting of owners of premises in an apartment building,
located at the address: __________, st. _____________, d. ____
(minutes dated February 21, 2019, reg. No. 1)
Charter of the Homeowners Association "CONSENT"
G. _________________
2019
1. General Provisions
1.1. Homeowners Association “Soglasie”, uniting the owners of premises in an apartment building located at the address: __________, st. ______________, d. __, hereinafter referred to as the Partnership, is created as a type of partnership of real estate owners in accordance with the provisions of the Civil Code of the Russian Federation, the Housing Code of the Russian Federation, other legislative and other regulations.
1.2. Full name of the Partnership:
Homeowners Association "Soglasie"
Abbreviated name of the Partnership: HOA “Soglasie”
1.3. Location of the Partnership: __________, st. ______________, d. __.
1.4. The partnership is a non-profit organization that unites the owners of premises in an apartment building.
1.5. The partnership is created without limiting the period of activity. The number of members of the Partnership must exceed fifty percent of the votes of the total number of votes of the owners of premises in an apartment building.
1.6. The partnership is a legal entity from the moment of its state registration. The partnership has a seal with its name, settlement and other bank accounts, and other details.
1.7. The partnership is liable for its obligations with all its property. The Partnership is not liable for the obligations of the members of the Partnership. Members of the Partnership are not liable for the obligations of the Partnership.
1.8. The organizational and legal form of the Partnership is a partnership of real estate owners.
2. Goals, subject and types of activities of the partnership
2.1. A partnership is created for joint management of common property in an apartment building, ensuring ownership, use and, within the limits established by law, disposal of common property in an apartment building and carrying out activities to create, maintain, preserve and increase such property, providing utilities to persons using premises in an apartment building , as well as to carry out other activities aimed at achieving the goals of managing an apartment building.
2.2. To achieve the goals provided for by this Charter, the Partnership has the right to engage in economic activities. The subject of the Partnership's activities is the joint management of a complex of real estate in an apartment building, ensuring the operation of this complex, ownership, use and, within the limits established by law, disposal of common property in an apartment building.
The main activities of the Partnership are:
- management of the operation of an apartment building;
- maintenance and repair of real estate in an apartment building;
- organizing financing for the maintenance, operation, and development of a residential building complex, including accepting payments, paying for the services of contractors, preparing documents for receiving subsidies, subsidies, attracting credits and loans;
- organization of security of an apartment building, local area, property of owners and owners of premises;
- maintenance and improvement of the local area;
- current and major repairs of premises, structures of an apartment building, engineering structures;
- transfer for rent, rental of part of the common property, premises, facades, building elements, local area;
- maintaining a register of owners and owners of premises.
The Partnership may also carry out other types of activities that are not prohibited by the legislation of the Russian Federation and correspond to the goals of the Partnership.
Based on the decision of the General Meeting of Members of the Partnership, income from the economic activities of the Partnership is used to pay general expenses or is sent to special funds spent for the purposes provided for in this Charter. Additional income may be directed to other purposes of the Partnership’s activities provided for by Chapter 14 of the Housing Code of the Russian Federation and this Charter.
3. Rights and obligations of the partnership
3.1. The Partnership has the right:
1) conclude, in accordance with the law, a management agreement for an apartment building and other agreements ensuring the management of an apartment building, including the maintenance and repair of common property in an apartment building;
2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property in an apartment building, costs for major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as expenses for other expenses established by the Charter of the Partnership goals;
3) establish, on the basis of the accepted estimate of income and expenses for the year of the Partnership, the amounts of payments and contributions for each owner of premises in an apartment building in accordance with his share in the right of common ownership of common property in an apartment building;
4) perform work and provide services to owners and owners of premises in an apartment building;
5) use loans in the manner and on the terms provided by law;
6) transfer material and monetary resources under contracts to persons performing work for the Partnership and providing services to the Partnership;
7) sell and transfer for temporary use, exchange property belonging to the Partnership.
3.2. In cases where this does not violate the rights and legitimate interests of the owners and owners of premises in an apartment building, the Partnership also has the right:
1) provide for use or limited use part of the common property in an apartment building;
2) in accordance with the requirements of the law, in the prescribed manner, build on, rebuild part of the common property in an apartment building;
3) receive for use or receive or acquire land plots into common shared ownership of the owners of premises in an apartment building for housing construction, construction of utility and other buildings and their further operation;
4) carry out, in accordance with the requirements of the law, on behalf and at the expense of the owners of premises in an apartment building, the development of allocated land plots adjacent to such a house;
5) enter into transactions and perform other actions consistent with the goals and objectives of the Partnership.
3.3. If the owners of premises in an apartment building fail to fulfill their obligations to participate in common expenses, the Partnership has the right in court to demand forced reimbursement of obligatory payments and contributions.
3.4. The partnership may demand in court full compensation for losses caused to it as a result of the failure of the owners of premises in an apartment building to fulfill their obligations to pay mandatory payments and contributions and pay other general expenses.
3.5. The partnership is obliged:
1) ensure compliance with the requirements of the Housing Code of the Russian Federation, provisions of federal laws, other regulatory legal acts, as well as the Charter of the Partnership;
2) manage an apartment building in the manner established by Section VIII of the Housing Code of the Russian Federation;
3) ensure proper sanitary and technical condition of common property in an apartment building;
4) ensure that all owners of premises in an apartment building fulfill their obligations for the maintenance and repair of common property in an apartment building in accordance with their shares in the right of common ownership of this property;
5) ensure compliance with the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for ownership, use and disposal of common property;
6) take measures necessary to prevent or terminate actions of third parties that impede or interfere with the exercise of the rights of ownership, use and, within the limits established by law, of the owners of premises with common property in an apartment building;
7) represent the legitimate interests of the owners of premises in an apartment building related to the management of common property in this building, including in relations with third parties;
8) fulfill obligations under the contract in the manner prescribed by law;
9) maintain a register of members of the Partnership and annually during the first quarter of the current year send a copy of this register to the executive authorities of the constituent entities of the Russian Federation specified in Part 2 of Article 20 of the Housing Code of the Russian Federation;
10) submit to the authorized executive bodies of the constituent entities of the Russian Federation, specified in Part 2 of Article 20 of the Housing Code of the Russian Federation, within three months from the date of state registration of changes made to the Charter of the Partnership, a copy of the Charter of the Partnership, an extract certified by the Chairman of the Partnership and the Secretary of the General Meeting of Members of the Partnership, from the minutes of the General Meeting of Members of the Partnership on the decision to amend the Charter of the Partnership with copies of the texts of the relevant amendments certified by the Chairman of the Partnership and the Secretary of the General Meeting of Members of the Partnership.
4. The procedure for becoming a member of the Partnership and leaving it; contributions
4.1. Membership in the Partnership arises from the owner of premises in an apartment building on the basis of an application to join the Partnership.
4.2. Persons purchasing premises in an apartment building in which the Partnership was created have the right to become members of the Partnership after they acquire ownership of the premises.
4.3. Membership in the Partnership is terminated from the moment of submission of an application to withdraw from the membership of the Partnership and/or from the moment of termination of the ownership rights of a member of the Partnership to premises in an apartment building.
4.4. The register of members of the Partnership must contain information allowing to identify members of the Partnership and communicate with them, as well as information about the size of their shares in the right of common ownership of common property in an apartment building.
4.5. A member of the Partnership is obliged to provide the Board of the Partnership with reliable information provided for in paragraph 4.4 of this Charter, and promptly inform the Board of the Partnership about their changes.
4.6. When joining the Partnership, the owner of the premises pays the entrance fee within 10 (ten) days from the date of submission of the application. The amount of the entrance fee is determined by the decision of the General Meeting.
4.7. Members of the Partnership systematically pay membership fees on time and in amounts determined by the estimate of income and expenses of the Partnership.
4.8. Members of the Partnership have the right to make voluntary contributions and other payments at any time.
4.9. In case of reorganization of a legal entity - a member of the Partnership or the death of a citizen - a member of the Partnership, their legal successors (heirs), purchasers of the property of a member of the Partnership under an agreement are included in the members of the Partnership from the moment the ownership of the specified property arises and the application is submitted.
5. Property of the Partnership; financing the partnership's activities
5.1. The Partnership may own movable property, as well as real estate located inside or outside an apartment building.
5.2. The funds of the Partnership consist of:
1) obligatory payments, entrance and other contributions of members of the Partnership;
2) income from the economic activities of the Partnership aimed at achieving the goals, objectives and fulfillment of the obligations of the Partnership;
3) subsidies to ensure the operation of common property in an apartment building, carrying out current and major repairs, providing certain types of utilities and other subsidies;
4) other income.
5.3. Based on the decision of the General Meeting of members of the Partnership, special funds may be formed in the Partnership, spent on the purposes provided for in the Charter. The procedure for the formation of special funds is determined by the General Meeting of Members of the Partnership.
5.4. The Board of the Partnership has the right to dispose of the funds of the Partnership held in a bank account in accordance with the financial plan of the Partnership.
5.5. To achieve the goals provided for by this Charter, the Homeowners Association may engage in the following types of economic activities:
1) maintenance, operation and repair of real estate in an apartment building;
2) construction of additional premises and common property in an apartment building;
3) renting out, leasing part of the common property in an apartment building.
5.6. Based on the decision of the General Meeting of Members of the Partnership, income from the economic activities of the Partnership is used to pay general expenses or is sent to special funds spent for the purposes provided for in this Charter. Additional income not provided for in the estimate, by decision of the Board, may be directed to other purposes of the Partnership’s activities.
5.7. Members of the Partnership make mandatory payments and/or contributions related to the payment of expenses for maintenance, current and major repairs of common property in an apartment building, as well as payment for utilities. The procedure for making payments and contributions is approved by the Board.
5.8. Owners of premises who are not members of the Partnership pay fees for the maintenance and management of their premises and utilities in accordance with agreements concluded with the Partnership.
5.9. The share of a member of the Partnership in the right of common shared ownership of common real estate (participation share) determines for each member of the Partnership his share in generally obligatory payments for the maintenance and repair of this property and other common expenses.
5.10. Failure by a member of the Partnership to use the premises belonging to him or refusal to use common property is not grounds for exemption, in whole or in part, from participation in the general costs of maintaining and repairing common property.
6. Rights of members of the Partnership
6.1. A member of the Partnership has the right:
6.1.1. Independently, without coordination with other members of the Partnership, dispose of the premises belonging to it.
6.1.2. Participate in the activities of the Partnership both personally and through your representative, as well as elect and be elected to the management bodies of the Partnership.
6.1.3. Make proposals to improve the activities of the Partnership and eliminate shortcomings in the work of its bodies.
6.1.4. Reimburse, at the expense of the Partnership, expenses incurred in connection with preventing damage to common property.
6.1.5. Receive from the Board, Chairman of the Board of the Partnership, and auditor data on the activities of the Partnership, the condition of its property and expenses incurred.
6.1.6. Attend meetings of the Board of the Partnership.
6.1.7. Exercise other rights provided for by legislative and other regulations and this Charter.
6.2. The rights of a member of the Partnership for the owners of premises arise from the moment they become members of the Partnership.
6.3. Rights of members of the Partnership and non-members of the Partnership of owners of premises in an apartment building:
6.3.1. Members of the Partnership and owners of premises in an apartment building who are not members of the Partnership have the right to receive from the management bodies of the Partnership information about the activities of the Partnership in the manner and to the extent established by the Housing Code of the Russian Federation and the Charter of the Partnership, to appeal in court the decisions of the management bodies of the Partnership.
6.3.2. Members of the Partnership and owners of premises in an apartment building who are not members of the Partnership have the right to make demands on the Partnership regarding the quality of services provided and (or) work performed.
6.3.3. Members of the Partnership and owners of premises in an apartment building who are not members of the Partnership have the right to familiarize themselves with the following documents:
1) the Charter of the Partnership, amendments made to the Charter, certificate of state registration of the Partnership;
2) register of members of the Partnership;
3) accounting (financial) statements of the Partnership, estimates of income and expenses of the Partnership for the year, reports on the implementation of such estimates, audit reports (in the case of audits);
4) conclusions of the auditor of the Partnership;
5) documents confirming the Partnership’s rights to property reflected on its balance sheet;
6) minutes of General Meetings of members of the Partnership, meetings of the Board of the Partnership and the auditor of the Partnership;
7) documents confirming the voting results at the General Meeting of members of the Partnership, including voting ballots, voting proxies or copies of such proxies, as well as written decisions of the owners of premises in an apartment building on issues put to vote during the General Meeting owners of premises in an apartment building in the form of absentee voting;
8) technical documentation for an apartment building and other documents related to the management of this building;
9) other internal documents of the Partnership provided for by the Housing Code of the Russian Federation, the Charter of the Partnership and decisions of the General Meeting of Members of the Partnership.
7. Duties and responsibilities of members of the Partnership
7.1. A member of the Partnership is obliged to:
- maintain the premises owned by him in proper condition and carry out routine repairs at his own expense;
- use residential and/or non-residential premises for their intended purpose, subject to the restrictions established by current legislation;
- use common property objects only for their intended purpose, without violating the rights and interests of other owners in the use of these objects;
- fulfill the legal requirements of this Charter, decisions of the General Meeting of Members of the Partnership, the Board of the Partnership, the Chairman of the Board of the Partnership;
- bear responsibility for violation of obligations to manage the Partnership and/or to pay membership fees;
- comply with technical, fire and sanitary rules for the maintenance of apartment buildings and local areas;
- take part in expenses and ensure payment of contributions necessary to cover costs associated with construction, reconstruction, maintenance, current and major repairs of common property, timely pay for utilities, make targeted contributions and special fees in the amount established by the General Meeting of Members of the Partnership. Make regular payments, contributions and fees no later than the 10th day of the month following the billing month;
take independently, without appropriate approval from the Board and the General Meeting of the Partnership, urgent necessary measures to prevent damage to common property; - provide access to third parties to parts of residential and/or non-residential premises if it is necessary to maintain these premises in proper condition or the need to restore common property or to prevent possible damage that may be caused to real estate;
- eliminate at his own expense damage caused to the property of other owners or the common property of members of the Partnership by himself personally or by a person living together with him, as well as by any other persons occupying residential and/or non-residential premises belonging to him in accordance with contracts.
7.2. A member of the Partnership who does not fulfill or improperly fulfills his duties or who, through his actions, interferes with the achievement of the goals of the Partnership, may be brought to administrative or civil liability in the manner established by law and this Charter.
8. Controls
8.1. The General Meeting of Members of the Partnership is the supreme governing body of the Partnership and is convened in the manner established by this Charter.
8.2. The competence of the General Meeting of Members of the Partnership includes:
1) amendments to the Charter of the Partnership or approval of the Charter of the Partnership in a new edition;
2) making decisions on the reorganization and liquidation of the Partnership, appointing a liquidation commission, approving interim and final liquidation balance sheets;
3) election of members of the Management Board of the Partnership, auditor of the Partnership, Chairman of the Management Board of the Partnership from among the members of the Management Board of the Partnership, early termination of their powers;
4) establishing the amount of mandatory payments and contributions of members of the Partnership;
5) approval of the procedure for the formation of the Partnership’s reserve fund, other special funds of the Partnership (including funds for current and major repairs of common property in an apartment building) and their use, as well as approval of reports on the use of such funds;
6) making a decision on obtaining borrowed funds, including bank loans;
7) determining the directions for using income from the economic activities of the Partnership;
8) approval of the annual plan for the maintenance and repair of common property in an apartment building, a report on the implementation of such a plan;
9) approval of the estimates of income and expenses of the Partnership for the year, reports on the implementation of such estimates, audit reports (in the case of audits);
10) approval of the annual report on the activities of the Management Board of the Partnership;
11) approval of the conclusion of the auditor of the Partnership based on the results of the audit of the annual accounting (financial) statements of the Partnership;
12) consideration of complaints against the actions of the Board of the Partnership, the Chairman of the Board of the Partnership and the auditor of the Partnership;
13) adoption and amendment, upon the proposal of the Chairman of the Board of the Partnership, of the internal regulations of the Partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, provisions on the payment of their labor, approval of other internal documents of the Partnership provided for by the Housing Code of the Russian Federation, the Charter of the Partnership and decisions of the General Meeting of Members of the Partnership;
14) determining the amount of remuneration for members of the Management Board of the Partnership, including the Chairman of the Management Board of the Partnership;
15) other issues provided for by the Housing Code of the Russian Federation or other federal laws.
8.3. The Charter of the Partnership may also include the resolution of other issues in addition to those specified in clause 8.2 of this Charter within the competence of the General Meeting of Members of the Partnership.
8.4. The general meeting of members of the Partnership has the right to resolve issues that fall within the competence of the Management Board of the Partnership.
8.5. Notification of the General Meeting of members of the Partnership is sent in writing by the person on whose initiative the General Meeting is convened, and is given to each member of the Partnership against signature or by mail (registered mail). The notification is sent no later than ten days before the date of the General Meeting.
8.6. The notice of the General Meeting of members of the Partnership shall indicate information about the person on whose initiative the General Meeting is convened, the place and time of the meeting, and the agenda of the General Meeting. The general meeting of members of the Partnership does not have the right to bring up for discussion issues that were not included in the agenda.
8.7. The powers of the General Meeting of Members of the Partnership are established in accordance with Art. 45 of the Housing Code of the Russian Federation and this Charter. The general meeting of members of the Partnership is valid if it is attended by members of the Partnership or their representatives holding more than fifty percent of the votes of the total number of votes of the members of the Partnership.
8.8. Decisions of the General Meeting of members of the Partnership on issues referred by the Housing Code of the Russian Federation to the competence of the General Meeting in accordance with clauses 2, 6, 7 of clause 8.2 of this Charter are adopted by at least two-thirds of the votes of the total number of votes of the members of the Partnership. Decisions on other issues are made by a majority vote of the total number of votes of the members of the Partnership or their representatives present at the General Meeting.
8.9. The general meeting of members of the Partnership is chaired by the Chairman of the Board of the Partnership or his deputy. In case of their absence, the General Meeting is chaired by one of the members of the Board of the Partnership.
8.10. The decision of the General Meeting of Members of the Partnership may be adopted by absentee voting in the manner established by Articles 47 and 48 of the Housing Code of the Russian Federation.
8.11. Issues relating to residential or non-residential premises can be discussed and resolved by groups of members of the Partnership who own premises of this type (residential or non-residential).
9. Board of the Partnership; Chairman of the Board of the Partnership
9.1. The Board of the Partnership is the executive body of the Partnership, accountable to the General Meeting of Members of the Partnership. The management of the activities of the Partnership is carried out by the Board of the Partnership.
9.2. The Board of the Partnership has the right to make decisions on all issues of the activities of the Partnership, with the exception of issues falling within the exclusive competence of the General Meeting of owners of premises in an apartment building and the competence of the General Meeting of members of the Partnership.
9.3. The Board of the Partnership, consisting of three people, is elected from among the members of the Partnership by the General Meeting of members of the Partnership for 2 (two) years.
9.4. A member of the Management Board may not delegate his or her powers to another person.
9.5. A member of the Management Board of the Partnership cannot be a person with whom the Partnership has entered into an agreement for the management of an apartment building, or a person holding a position in the management bodies of the organization with which the Partnership has entered into the said agreement, as well as the auditor of the Partnership. A member of the Board of the Partnership cannot entrust, trust or otherwise entrust to another person the performance of his duties as a member of the Board of the Partnership.
9.6. The Chairman of the Board of the Partnership convenes meetings of the Board of the Partnership as necessary.
The first meeting of the Board, organized after the annual General Meeting of members of the Partnership, is held no later than 10 days after the meeting.
Regular meetings of the Board may be held as scheduled or convened by the Chairman of the Board of the Partnership at a time and place to be determined from time to time by a majority of the members of the Board.
If meetings are not held as scheduled, notice of them must be sent to each member of the Board by mail or delivered in person no later than three business days before the date of the meeting.
Members of the Partnership have the right to freely attend any meetings of the Board.
9.7. The Board of the Partnership is competent to make decisions if at least fifty percent of the total number of members of the Board of the Partnership is present at a meeting of the Board of the Partnership.
Decisions of the Board of the Partnership are adopted by a simple majority of votes from the total number of votes of the members of the Board present at the meeting, unless a larger number of votes for making such decisions is provided for by this Charter.
Decisions made by the Board of the Partnership are documented in the minutes of the meeting of the Board of the Partnership and signed by the Chairman of the Board of the Partnership, the secretary of the meeting of the Board of the Partnership.
9.8. The responsibilities of the Partnership Board include:
1) ensuring compliance by the Partnership with legislation and the requirements of the Charter of the Partnership;
2) control over the timely payment by members of the Partnership of established mandatory payments and contributions;
3) drawing up estimates of income and expenses for the corresponding year of the Partnership and reports on financial activities, submitting them to the General Meeting of Members of the Partnership for approval;
4) management of an apartment building or concluding contracts for its management;
5) hiring workers to service an apartment building and dismissing them;
6) concluding contracts for the maintenance, operation and repair of common property in an apartment building;
7) maintaining the register of members of the Partnership, office work, accounting and financial reporting;
8) convening and holding a General Meeting of members of the Partnership;
9) fulfillment of other duties arising from this Charter.
9.9. The Chairman of the Board of the Partnership ensures the implementation of decisions of the Board and has the right to give instructions and orders to all officials of the Partnership, the execution of which is mandatory for these persons.
9.10. The Chairman of the Board of the Partnership is elected by the General Meeting of Members of the Partnership from the Board of the Partnership for a period of 2 (two) years.
9.11. The Chairman of the Board of the Partnership acts without a power of attorney on behalf of the Partnership, signs payment documents and makes transactions that, in accordance with the law, the Charter of the Partnership, do not require mandatory approval by the Board of the Partnership or the General Meeting of Members of the Partnership, develops and submits for approval to the General Meeting of Members of the Partnership the internal regulations of the Partnership in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, regulations on the payment of their labor, approval of other internal documents of the Partnership provided for by the Housing Code of the Russian Federation, the Charter of the Partnership and decisions of the General Meeting of Members of the Partnership.
9.12. When concluding an agreement with a management organization, the Board of the Partnership transfers its functions to this management organization.
10. Auditor of the Partnership
10.1. The auditor of the Partnership is elected by the General Meeting of Members of the Partnership for no more than 2 (two) years. The auditor cannot be a member of the Management Board of the Partnership.
10.2. Auditor of the Partnership:
1) conducts audits of the financial activities of the Partnership at least once a year;
2) presents to the General Meeting of members of the Partnership a conclusion based on the results of the audit of the annual accounting (financial) statements of the Partnership;
3) presents to the General Meeting of members of the Partnership a conclusion on the estimate of income and expenses for the corresponding year of the Partnership and a report on financial activities and the amount of mandatory payments and contributions;
4) reports to the General Meeting of members of the Partnership on its activities.
11. Reorganization and liquidation of the Partnership
11.1. The reorganization of the Partnership is carried out on the basis and in the manner established by civil law.
11.2. Liquidation of the Partnership is carried out on the basis and in the manner established by civil law.
The general meeting of owners of premises in an apartment building is obliged to make a decision on the liquidation of the Homeowners Association if the members of the Partnership do not have more than fifty percent of the votes of the total number of votes of the owners of premises in the apartment building.
11.3. Upon liquidation of the Partnership, real estate and other property remaining after settlements with the budget, banks and other creditors are distributed among the members of the Partnership in proportion to their share of participation in the Partnership.
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- Settlements with suppliers and contractors for work accepted and services received;
- Receipts/disposals of materials, special equipment, inventory (MOL, inventory...);
- Fixed assets of the HOA (wear and tear, modernization, reconstruction, repair...);
- Remuneration for the administration and employees of the HOA;
- Taxes and declarations, calculations and reports to the Federal Tax Service, Pension Fund, Social Insurance Fund (taking into account the specifics of non-profit organizations and TSN);
Using the Info-Accountant program, you successfully keep records
many homeowners' associations, housing cooperatives, civil society cooperatives, including:
HOA
HOA Alma-Atinskaya 11-1 | HOA Brateevskaya 23-1 | Homeowners Association East | HOA Sunrise 2004 |
HOA Gagarinskoe | HOA Guerra | HOA Hollandskaya 25 | HOA House on Parkovaya |
HOA Erino 3A | HOA Ermak | HOA Zhivopisnoe | HOA Kamenka 2 |
HOA Kirova 45 | HOA Koshtoyants 6-1 | HOA Kraskom 32 | HOA Krasnoproletarskaya |
HOA Kurgankaya 3 | HOA Lesnoye | HOA Lesnoye-1 | HOA Lomonosov |
HOA MZHK | HOA Moskovskaya 37 | HOA on Grokholsky | HOA on Filevskaya |
HOA Nagornoye | HOA Our House in Perlovka | HOA New Age | HOA Island |
HOA Petrovskyi Park | HOA Privolnoye | HOA Ramenki 31 | HOA Rodnik |
HOA Agricultural | HOA Silver Quartet | HOA Silver Island | HOA Sokol |
HOA Cozy | HOA Champion | HOA Shchukino | HOA Hellas |
HOA No. 49 | and many, many others... | ||
Housing cooperative
Housing cooperative Arctic | Housing cooperative Armavir | Housing cooperative Circus performers | Housing cooperative Boldino |
ZhSK Bor | ZhSK Bezdefectny | Housing cooperative Burevestnik-8 | ZhSK Butovo-14 |
ZhSK Butovo-17 | ZhSK Vertical | ZhSK Vibrator | Housing cooperative Helios |
ZhSK Globus 3 | ZhSK Grand | Housing cooperative Devon | Housing cooperative Dolphin |
Housing cooperative Dubrava | Housing cooperative Danube | Housing cooperative Zhuravushka | Housing cooperative Zaraysk |
ZhSK Ikar | ZhSK Crystal | ZhSK Lensk | Housing cooperative MATI |
Housing cooperative Health worker | ZhSK Metallurg | Housing cooperative MZhK | ZhSK Mitino-25 |
Housing cooperative Moskvich-2 | ZhSK Mosfilm-3 | Housing cooperative Nara | ZhSK Nivelir |
ZhSK Oberton | ZhSK Optics | Housing cooperative Pavlovsk | ZhSK Peredovoy |
ZhSK Perm | ZhSK Pioneer | ZhSK Pirit | ZhSK Pribor |
ZhSK Designer | Housing cooperative of Workers of the USSR Academy of Sciences | Housing cooperative Rab-v USSR Academy of Sciences No. 2 | Housing cooperative Rab-v House of Scientists |
ZHSK X-ray | Housing cooperative of Northern Administrative District of Moscow | ZhSK Sapphire | ZhSK North-2 |
Housing cooperative Northern Lights | Housing cooperative Severyanin | Housing cooperative Soviet art | ZhSK Sovremennik-68 |
ZhSK Solidarnost | ZhSK Solntsevo-3 | ZhSK Stroydormash-2 | Housing cooperative Tashkent |
ZhSK Telephonist-3 | ZhSK Turbobur | ZhSK Tyumen | ZhSK Federation |
ZhSK Fialka | ZhSK Cyclone | ZhSK Chertanovo-15 | ZhSK Screen |
GSK
and many others...
Join us!
Management accounting and reporting in TSN
Settlements with owners and internal reporting
All of the above components are developed and automated in a specialized version for HOA / housing cooperative / residential complex programs Info-Accountant, taking into account the wishes and requirements of our many users.
Settlements with owners for housing, utilities and other services
Automatic calculation of rent taking into account norms, benefits, discounts and instrument indicators
Internal reports, registers, codes, cards...
Maintaining a register of debts with the generation of notifications to debtors
- Maintaining apartment cards and passport office documents.
- Turnover statements with details by addresses, objects, target funds, periods...
- Maintaining registers:
- accruals;
- services and tariffs;
- payments and arrears of payment;
- residents and apartments, owners and beneficiaries;
- replacement of meters.
- Overhaul reports.
- Electrical energy consumption report.
Estimates of TSN (HOA, housing cooperative, residential complex)
Automatic maintenance of TSN estimates with reflection of indicators for their implementation
- Income:
- Target revenues:
- membership fee;
- budget revenues;
- other targeted income.
- Income from business activities.
- Target revenues:
- Expenses:
- Maintenance and maintenance of the common property of the HOA;
- Housing repairs;
- Other expenses.
Program Info-Accountant ® 10 for HOAs, residential complexes, housing cooperatives It has long been successfully used by accountants of associations of real estate owners (TSN), including country houses and dachas.
Calculation of rent, taking into account benefits, tariffs, and indicators of various meters, generation of notifications, invoices and receipts, as well as management, accounting and tax accounting are carried out automatically, in one program.
More information about the Info-Accountant program for TSN
A guide is a reliable assistant who is always nearby
Flexible settings reflect all the features of charges accepted in TSN
Financial personal account: data on residents and settlement parameters
The turnover sheet reflects the status of accruals and payments
Register of services and tariffs for calculating utility bills
Notice for payment in the prescribed form (EIRC)
Notice of payment in the EPD form (for the Moscow region)
Information on receipt of contributions for major repairs
You can purchase the Info-Accountant program:*
To you remotely:
- demonstrate the capabilities of the program,
- remotely install and configure the program.
Installation of the Info-Accountant program for accounting in TSN (HOA, housing cooperative, housing complex)
Users can easily install the Info-Accountant program and all its components independently, without contacting specialists. In this case, some features should be taken into account
When installing the Info-Accountant program in default mode, the block Communal payments not installed.
It must be installed after or simultaneously with the installation of the Info-Accountant program. This is quite easy to do. You just need to select the installation option Installing optional program components, and indicate that the following components will be installed:
- Utility payments 2.0: documents
- Utility bills 2.0: database
- Utility bills 2.0: help
In addition, the block will also be useful in your work. Estimates 2.0 it can also be selected for installation.
The procedure for installing the program and its components is discussed in detail in the methodological materials “Features of installing industry solutions and additional blocks of the Info-Accountant 10 program.”
The program is ready to work immediately after installation on the user's computer. You can start using it.
The effective use of the Info-Accountant program for automating accounting, tax and management accounting in TSN (housing associations, housing cooperatives, housing complexes) is facilitated by its flexibility, simplicity, and visibility. In addition, it is very important not only to know the great capabilities of the program, but also to be able to correctly and fully implement them. This will help you, who is always with you and ready to support you in any situation, both at the initial stage of using the program and during everyday work.
With the help of the Guide, you will easily understand how and in what sequence you should work and immediately call the required operation, report, etc. from the desired section, prepare it by selecting the necessary details and parameters and immediately execute it.
This allows users, even those completely unfamiliar with the Info-Accountant program, to use it confidently.
The guide is easy to find in the section Communal payments programs Info-Accountant
Beginning of work
After installing the Info-Accountant for TSN program, you can immediately start working. However, there are some installations that need to be done. Most of them involve entering unique data and information on your TSN (housing association, housing cooperative, residential complex), as well as clarifying the indicators and parameters adopted in it. First of all, you should fill out some Directories.
Block setup. Filling out reference books
All necessary and possible block settings Communal payments The developers have already completed it. All you have to do is establish or clarify individual indicators and parameters accepted in your HOA.
If you have a question, click on the icon and you will immediately receive the help you need. An asterisk * indicates mandatory settings and references. The rest can be filled in if necessary during the work.
Depending on the situation, the user of the TSN accounting program will receive help in the form of a text explanation, if necessary accompanied by screenshots (illustrations), or by opening a help file called from the program, as usual - by pressing F1.
After completing the settings in the Info-Accountant program, you can calculate the amounts of upcoming payments, reflect the receipt of funds from the owners, receive the necessary reports, create registers, etc. We recommend using. You can also access all data entry and editing operations in the main menu or in a special form Menu .
Daily work
The most frequent operations, charges and calculations
Generating reports and summaries
- Apartment front card - creates a financial personal account for the apartment.
- Turnover sheet - generates a working balance for an arbitrary period.
- Register of accruals (collapsed for the year) - generates a report on accruals and payments broken down by apartment in the building for the year.
- Register of charges (for services per month) - serves to reconcile the amounts of accruals for home services for a specified period.
- Payment register - reflects payment for household services provided for the period.
- Register of arrears of payment - reflects the debts of residents.
- Readings of individual metering devices - generates a report based on IPU readings for a specified period with varying levels of detail.
- Register of meter replacements - reflects the replacements of meters made during the period.
- Register of residents and apartments - serves to verify data on apartments and residents.
- Information about property owners - generates a report on homeowners.
- Register of beneficiaries - creates a list of residents who have benefits.
- Register of penalties - reflects the amounts of accrued penalties and adjustments for them for the specified period.
- Register of services and tariffs - generates a report on services and tariffs for a house/apartment for a specified period with various details.
- Overhaul report - reflects information about the receipt of contributions for capital repairs from the owners of premises in apartment buildings, forming capital repair funds in a special account.
Update of the accounting automation program for homeowners' associations / housing cooperatives and new developments
Info-Accountant 10
Info-Accountant specialists are constantly developing and improving the accounting program for TSN, making it better, simpler and more convenient for users. In addition, an important task is to achieve strict compliance of the accounting program with current federal and regional legislation. And this is not easy, since legislation in the housing and communal services sector, as well as accounting and taxation, changes very often.
Changes to the program are released regularly and are installed automatically via the Internet. To do this, you only need an Internet connection.
You can always purchase the Info-Accountant program:*
*If your city is not yet covered by our dealer network, call the developer’s office in Moscow.
Our experienced specialists will answer your questions:
- they will demonstrate the capabilities of the program,
- will help you choose the right configuration,
- At your request, they will install and configure the program remotely.
The order of the Ministry of Construction of Russia (draft dated February 9, 2018 No. 02/08/02-18/00078234) “On approval of the rules and regulations for the maintenance of common property in an apartment building” is still (as of March 27, 2019!) still pending at the stage of public discussions regarding the text of the draft.
The Russian Ministry of Construction has developed standards for the technical operation of the housing stock, which, in particular, establish:
- the procedure for maintaining the common property of owners of premises in apartment buildings, carried out within the framework of the minimum list of services and works necessary to ensure proper maintenance of the common property in an apartment building;
- standards for the proper technical condition of the common property of owners of premises in apartment buildings, recommended for compliance when performing services and work on the maintenance and routine repairs of common property in an apartment building;
- the procedure for organizing, performing and financing work on routine repairs of common property in an apartment building;
- a list of works necessary for the proper maintenance of common property in an apartment building, carried out as part of inspections of various elements of the common property of the owners of premises in an apartment building;
- features of work on the maintenance of various objects of common property of premises owners in an apartment building;
- rules for performing routine repairs of an emergency nature.
In addition, it is stipulated that the acceptance of completed routine repairs will be carried out by a commission with the participation of representatives of the person managing the apartment building and the owners of the premises in the apartment building.
From September 1, 2014, new homeowners' associations (HOAs, housing cooperatives, residential complexes) are created in a new form real estate owners association (TSN). Re-registration of existing HOAs, housing cooperatives, and residential complexes is not required.
The legal basis for the activities of the HOA is set out in Section VI. "Homeowners' Association".
The legal basis for the activities of housing cooperatives is set out in Section V. “Housing and housing-construction cooperatives.”
Attention!
On November 30, 2019, Draft Law No. 757296-7 was submitted to the State Duma of the Russian Federation for consideration on the extension of the Federal Law of December 23, 2003 No. 177-FZ “On insurance of deposits of individuals in banks of the Russian Federation” to non-profit organizations operating in one of the following organizational and legal forms:
- HOA - homeowners' associations;
- Housing cooperatives - housing construction and housing cooperatives;
- GSK - garage and garage-building cooperatives;
- ONT - gardening non-profit partnerships;
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