What is a housing construction cooperative, and is it legal to sell apartments through it? Housing Cooperative - An Alternative Way to Buy a Home

One option is to participate in housing cooperative. This article discusses the key points of this structure, as well as the pros and cons of acquiring living space through housing cooperatives.

The concept

What is meant by a housing cooperative? In Art. 110 of Chapter 11 of the Housing Code of the Russian Federation gives a general definition for housing and communal services. By law, this cooperation of individuals or legal entities on a voluntary basis to provide for their housing and home management needs.

In paragraph 4. of article 110 it is indicated that HBC is a consumer cooperative. In the Letter of the Ministry of Economic Development of Russia dated 10.04.2008 N 4416-AP / D05 it is mentioned that such cooperatives can be divided into two types: cooperatives with the main activity in the form of profit and cooperatives, the activity of which is expenditure in nature through shares of participants. The association in question is of the second type.

It's important to know! According to the amendments to the Federal Law of November 30, 2011 N 349-ФЗ, ZhSK, formed after December 1, 2011, acts as a developer when acquiring a building permit.

Difference of ZhSK from ZhK

The main distinguishing feature of the LCD and HBC is the very essence of associations with a common goal. The members of the residential complex purchase the built housing, finance the restoration and further maintenance of the building, while the members of the housing cooperative pay for the construction, reconstruction and maintenance of the house.

Legal status

The legal position of the housing construction cooperative is characterized by the Housing Code of the Russian Federation, and the Civil Code clarifies its civil law properties.

In addition to the Codes, the provision of HBC is established by its charter, which will be described later.

For your information! Starting July 1, 2016, the housing construction cooperative should post the following documents and information in accordance with numerous regulations:

The composition of participating in the housing cooperative;
Permission for the construction of a house being built at the expense of members, as well as permission for a plot provided for development;
The location of the building and its description, drawn up according to the rules of settlement documentation;
The number of apartment premises in the house under construction and their characteristics;
Estimated date of acquisition of permission to sell the house.

Also, from July 1, 2016, HBC should provide the opportunity to familiarize themselves with the following documentation of a member of a cooperative upon request:

Settlement documentation;
Documents certifying the permission of the housing cooperative on the land area;
Reports of meetings of cooperative members, voting;
Conclusions of the inspector of ZhSK.

Structure

We list the main regulatory authorities of HBC:

General meeting;
Conference, with the number of members more than fifty people;
Management Board of ZhSK and its chairman.

The most important and significant advice is the general meeting, and the powers of the conference are formed by the charter of the organization. A general meeting is possible only with the presence of more than half of the participants. Accept a verdict if it voted for it more than 50% of those present. Such a decision, drawn up by the protocol, is inevitable for all participants of the HBC.

The management board of the housing cooperative is selected from the members of the association itself by the general meeting (conference). All competencies are enshrined in the charter. The chairman of the board is selected from the circle of members of the board. His responsibilities include translating the intentions of the cooperative, expressing the needs of housing cooperatives, etc. The main requirements for it are integrity and reasonableness.

In addition to the above posts, the cooperative has an auditor or revision committee. The main task of this unit is to control finances and economic activities.

If a person is charged with intentional crimes, bears the burden of an administrative fine in the form of suspension or has previously conducted management services in the field of construction and related fields, he cannot join the cooperative’s management apparatus.

Creature

We denote the procedure for admission to the composition of the participants HBC. First of all, a citizen (from 16 years old) or a legal entity provides application to the board of the cooperative. Appeal is considered within a month and approved by the general meeting.

After the newly minted party will pay an entry fee, he is considered a full member of the cooperative.

In a cooperative must not be less than five participants (Article 112, LC RF), but there should not be participants more than the number of premises under construction.

To create a cooperative, a constituent assembly is convening, the participants of which may be those who wish to create a housing cooperative. The decision on the establishment of the association is considered approved if all the founders have chosen it.

registration

State registration is carried out according to the same rules as registration of legal entities. From the moment of registration, those who have voted for the formation of a cooperative acquire membership status. Let us turn to the Federal Law of 08.08.2001 No 129-ФЗ “On state registration of legal entities during their creation”. It spells out the main conclusions regarding registration:

HBC registration is carried out by its location.
A maximum of three days is the state registration from the date of transfer of the necessary documents to the registration authority.

The list of required documents is listed below:

signed application for state registration in the approved form ( ) ;
a decision in the form of a protocol on the creation of an organization;
constituent documents, in the case of housing cooperatives - its charter;
document on payment of state duty.

Charter

Article 113 of the LC RF provides full information that is necessary for provision in the charter of the Housing and Utility Commission.

Its structure is as follows:

name of the cooperative; location
essence and purpose of functioning;
instructions for acquiring a cooperative membership;
procedure for termination of participation in the association;
the amount of entrance and share contributions, as well as the rules for making them;
the consequences of non-compliance with established contributions obligations;
powers of the managers of the cooperative;
rules for the recognition of decisions by governing bodies;
rules for the transformation and liquidation of the association.

Liquidation

The liquidation of the housing cooperative is the termination of the activities of the association without the transfer of rights and obligations. There are no special rules for the housing construction cooperative in the law, it is recommended to use Article 61 of the Civil Code of the Russian Federation “Liquidation of a legal entity” as a basis.

Liquidation can occur either on a voluntary basis by agreement of the participants or upon expiration, or by a court decision.

On a compulsory basis, HBC is liquidated in the following cases:

Registration of HBC is invalid.
HBC conducts activities without authorization.
The activity of the housing cooperative contradicts the Constitution of the Russian Federation and other legal acts, as well as the charter of the organization.
At the suit of the shareholder, in case of non-observance of ZhSK of its direct purpose.

When the court ruled to terminate the activities of the association, ZhSK is obliged to pay its obligations to creditors.

Advantages and disadvantages of buying an apartment through HBC

Consider pros and Cons of Housing Acquisition for Housing Construction.

The undoubted advantage is the ability to pay in installments. You can also pay shares. Most companies selling apartments under the equity scheme provide installments until commissioning.

Another convenience of ZhSK is the ability to self-hire a new one in case of bankruptcy of the current.

According to this, in this situation, participants will have to demand housing in court, or create a new housing cooperative, and this is a very lengthy process.

A pleasant advantage for members of the HBC is the transfer of all power to manage the house immediately after the cessation of construction of the house.

In the case of equity participation, you must first create a partnership of homeowners, which can last for an indefinite period.

Shareholders have the opportunity to participate in the management of construction, reconstruction and future operation of the house, have free access to documentation. This gives them more guarantees than with the conclusion of the DDU.

The HBC scheme also has disadvantages. Cooperative members may be victims double sales if the company uses gray schemes for selling housing. According to the law, as mentioned earlier, such fraud is prohibited: the number of apartments should not exceed the number of members of the housing cooperative. In this situation, the person wishing to join is recommended to talk with the participants of the cooperative or with those who left it for one reason or another.

Since the law "On the Protection of Consumer Rights" does not apply to the relations of the shareholder and the cooperative, ZhSK not responsible for construction disruptions and malfunctions after the sale of the house. To prevent such a situation, you must read the contract, especially the points about the warranty period of construction and the date of completion of work.

Video explanation

What are HBCs, says Anton Lebedev.

O.V. Novikovtax consultant n.,

I.I. Garanina, leading expert of the magazine

One of the three legally established ways of attracting citizens' funds for housing construction is the creation of housing construction cooperatives. How are these organizations regulated? What are the features of accounting and taxation? About housing and construction cooperatives (HBC) in the legislation says little: they are devoted to the section of the Housing Code of the Russian Federation, they are mentioned in the Civil Code of the Russian Federation. There is even a federal law on housing savings cooperatives. But there is no special (separate) law devoted specifically to the building type of a cooperative.

What is HBC?

A housing or housing construction cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to satisfy citizens' housing needs, as well as managing residential and non-residential premises in a cooperative house. Such a definition is given in paragraph 1 of Article 110 of the Housing Code of the Russian Federation.

A cooperative is being created by citizens and legal entities wishing to pool their funds for the construction, reconstruction and subsequent maintenance of the apartment building.

ZhSK is a type of consumer cooperatives, and they belong to non-profit organizations. This conclusion can be drawn from the norms of housing and civil legislation (Clause 4, Article 110 of the Housing Code of the Russian Federation; Clause 3, Article 50, Article 116 of the Civil Code of the Russian Federation). What is important for the organization of accounting. True, according to paragraph 3 of Article 1 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations”, this law does not apply to consumer cooperatives.

Thus, the legal status of housing cooperatives is determined by the norms of the Civil and Housing Codes of the Russian Federation, as well as by the charter of the cooperative in so far as it does not contradict the current legislation.

The charter should contain the following information: subject and objectives of the cooperative; the order of entry and exit from it; size of share contributions and the procedure for their payment; liability for violation of obligations to pay shares; the composition and competence of the cooperative’s governing bodies, as well as the procedure for making decisions, etc.

The mandatory provisions of the charter of a cooperative are listed in article 113 of the Housing Code of the Russian Federation. In addition, it is not prohibited to include in the charter of the housing cooperative other provisions that are not inconsistent with the specified code and other federal laws.

Organizational matters

A housing and construction cooperative is created at a meeting of founders, the number of which should not be less than five, but should not exceed the number of residential premises in the house under construction. The decision of the meeting of the founders is recorded in the minutes.

The rights and obligations of a legal entity appear at ZhSK after state registration, carried out in accordance with the Federal Law of August 8, 2001 No. 129-ФЗ “On State Registration of Legal Entities and Individual Entrepreneurs” (Article 114 of the Housing Code of the Russian Federation).

The highest governing body of the cooperative is the general meeting (each member of the cooperative has one vote). It approves the charter of the cooperative, and also solves other issues referred by the charter to its competence.

The decisions of the general meeting serve as the basis for the introduction of residential premises in the houses of the cooperative.

In between meetings, the board directs the activities of the cooperative (at least three people). Its members elect from their composition the chairman of the board of the housing cooperative, unless otherwise provided by the charter.

A cooperative can be liquidated voluntarily or by court order in the manner prescribed by civil law.

Rights and obligations of shareholders

Citizens who have reached the age of 16 years and legal entities have the right to join housing cooperatives (Clause 1, Article 111 of the Housing Code of the Russian Federation).

The basis for the possession, use and disposal of premises, in accordance with Article 124 of the Housing Code of the Russian Federation, is membership in a housing cooperative. Based on the decision of the general meeting (conference), a citizen or legal entity accepted as a member of a cooperative is provided with accommodation in the houses of this cooperative in accordance with the size of the contribution made.

However, one should be aware that along with the prospect of moving into a new apartment, the shareholder also acquires some unpleasant responsibilities. Thus, membership in a group of consumer cooperatives imposes an obligation on HBC members annually (within three months after the approval of the annual balance sheet) to cover the resulting losses by making additional contributions. In case of failure to fulfill this condition, the cooperative can be liquidated in court at the request of creditors.

In addition, members of a consumer cooperative are jointly and severally liable for its obligations within the unpaid portion of the additional contribution of each member of the cooperative (paragraph 4 of Article 116 of the Civil Code of the Russian Federation).

When a shareholder becomes an owner

A member of a housing (housing and construction) cooperative acquires ownership of a dwelling in an apartment building in the event of the payment of a share contribution in full (paragraph 1 of article 129 of the Housing Code of the Russian Federation, paragraph 4 of article 218 of the Civil Code of the Russian Federation).

According to article 219 of the Civil Code of the Russian Federation, ownership of buildings, structures and other newly created real estate subject to state registration arises from the moment of such registration.

Recall: property rights are subject to mandatory state registration. Registration in this case is of a confirming nature and is carried out in accordance with the procedure established by the Federal Law of July 21, 1997 No. 122-ФЗ.

Payment of property taxes

After registering the ownership of the premises, the ZhSK member (citizen) must pay individuals in accordance with the Law of the Russian Federation of December 9, 1991 No. 2003-1. Tax is calculated by tax authorities with the distribution (delivery) of notice of payment to payers.

Thus, the tax on the cost of housing is paid by its owner, and not by a cooperative.

At the same time, if the cooperative has objects recorded on account 01 “Fixed Assets” (office equipment, equipment, etc.), their cost is included in the property tax base (paragraph 1 of Article 374 of the Tax Code of the Russian Federation) . The cooperative pays tax on the residual value of these facilities. It should be borne in mind that the assets of non-profit organizations are not subject to depreciation: depreciation is accrued on them at the end of the year. Amortization is not subject even to those objects that are acquired at the expense of entrepreneurial activity. Therefore, for tax purposes, take into account the initial cost of fixed assets less deduction, which is reflected in the balance in account 010 “Depreciation of fixed assets”.

The exception is land. They are not taxed on property (land tax is paid on them).

At the same time, since the land tax refers to local taxes, when it is established in a particular region by regulatory legal acts of local legislation, tax benefits can be introduced, as well as the grounds and procedure for their application (paragraph 2 of Article 387 of the Tax Code of the Russian Federation).

Construction aspects

Before the start of construction, it is necessary to deal with the preparation of legal documents for the land (own or leased); design documentation; building permits. Neglect of these rules will complicate the registration of rights to the constructed property, as well as entail the imposition of significant fines. In particular, construction without permission (if necessary) will cost the cooperative in the amount of 500 thousand to 1 million rubles. Such liability is provided for in paragraph 1 of Art. 9.5 of the Code of Administrative Offenses.

In the construction process, ZhSK acts as a developer.

A developer is a person who provides construction, reconstruction, overhaul of capital construction objects, as well as engineering surveys, preparation of design documentation for construction, reconstruction, repair (subsection 16 of article 1 of the Town Planning Code of the Russian Federation) on his land plot.

According to paragraph 3 of Article 52 of the Urban Planning Code of the Russian Federation, the builder can either conduct construction either physically attracted by him (or the customer) on the basis of the contract or having certificates of admission to such works issued by a self-regulatory organization (SRO). The types of work that require access (and, therefore, mandatory membership in SROs) are contained in the List of types of work ... that affect the safety of capital construction projects (approved by order of the Ministry of Regional Development of Russia dated December 30, 2009 No. 624).

If the developer independently performs the functions of construction control, he does not need a certificate of admission. Such an answer was given in a letter of the Ministry of Regional Development of Russia dated August 18, 2010 No. 30213 - IP / 08 to the official request of the editorial office of the journal (see "Accounting for Construction" No. 11, 2010).

At the end of construction, a permit is issued for putting the house into operation.

Accounting Features

ZhSK, being a legal entity, are not exempt from accounting. As a non-profit-making cooperative, the cooperative conducts activities “on an estimate”. That is, it forms the revenue side (introductory, membership, share contributions, additional share contributions) and the direction of expenditure of funds (for the construction of a house and current expenses for conducting activities). Shares and other contributions paid in accordance with the procedure provided for by the charter, or, if necessary, additional costs for the construction budget, are reflected using account 86 “Target financing”:

DEBIT 76 sub-account “Settlements with shareholders”
CREDIT 86 sub-account “Entry fees” (“Membership fees”, “Unit contributions”, “Additional unit contributions”)

- reflected the debt of members of HBC on relevant contributions;

DEBT 50 (51)
CREDIT 76 sub-account “Settlements with shareholders”

- The corresponding contributions were received from members of the cooperative (in the context of analytics for each shareholder).

The expenditure of funds is reflected in the following entries:

DEBIT 20 (26) LOAN 10 (60, 69, 70, 76 ...)

- accounted for the current costs of the cooperative in conducting activities;

DEBIT 86 sub-account "Entrance fees" ("Membership fees", "Mutual contributions", etc.)
CREDIT 20 (26)

- written off current expenses of the cooperative at the expense of attracted funds of targeted financing;

DEBIT 08 LOAN 10 (60, 69, 70, 76 ...)

- reflected the costs associated with the construction of the house;

DEBIT 86 sub-account “Unit contributions” (“Additional unit contributions”)
LOAN 08

- transferred to the ownership of the shareholders premises for fully paid shares.

Taxation

Conducting activities using targeted funds imposes features on the taxation procedure of a cooperative.

Value added tax

Consider the features of calculating VAT in various situations.

Under construction.Housing and construction cooperatives with funds received from members of the cooperative, organize the construction, and then transfer the apartments to their owners. Mutual deposits, as well as entrance and membership fees are targeted, they are intended for the implementation of the basic statutory activities of a non-profit organization that is not related to entrepreneurial activity. In this connection, these funds are not subject to value added tax.

With regard to the transfer of apartments, members of the cooperative who have fully made their mutual contributions acquire ownership of a certain apartment, as well as a share in the total property of the apartment building.

At the same cooperative, ownership of housing does not arise. Therefore, its transfer to the owners is not considered a sale and is also not subject to VAT.

These rules follow from the provisions of Articles 146 (subparagraph 1, paragraph 2) and 39 (subparagraph 3, 4 paragraph 3) of the Tax Code of the Russian Federation.

When reflecting the “input” tax, it must be remembered that the shareholders cover all expenses with contributions, including value added tax. HBC has no right to deduction, since the considered operations are not subject to VAT. So the “input” tax paid by the cooperative to suppliers and contractors during the construction of the house needs to be included in the price of the building, because it cannot be deducted, that is, refunded from the budget (subparagraph 4, paragraph 2 of article 170 of the Tax Code of the Russian Federation).

With further maintenance of housing. We note one more feature related to the activity of the housing cooperative. After putting the house into operation, cooperatives can receive funds from their members to pay for utilities, repair services, etc.

Since January 1, 2010, housing and construction cooperatives have been legally exempted from VAT on operations related to the provision of utilities and the maintenance, operation and repair of common property of a house (subparagraphs 29, 30, paragraph 3, article 149 of the Tax Code of the Russian Federation). But only on condition that the cooperative acquires communal services from organizations of the communal complex, suppliers of electric energy and gas supplying organizations, and services for maintaining and repairing common property in an apartment building - from organizations and individual entrepreneurs directly performing (rendering) these works (services). In other words, it is not necessary to charge VAT on funds received from citizens as payment for these services. But if the cooperative itself provides any services on its own (for example, for maintenance or maintenance and overhaul of housing), then in this case the fee for them will be taxed. This opinion was expressed in a letter to the Ministry of Finance of Russia dated August 6, 2010 No. 03-07-11 / 345.

Income tax

Mutual deposits, membership and entry fees are also not included in the income tax base (subparagraph 1, paragraph 2 of article 251 of the Tax Code of the Russian Federation).

True, in order to deduct these amounts from taxation, they must be taken into account separately from other income and used strictly for statutory purposes.

But in some cases and subject to the procedure for the targeted use of contributions and the absence of commercial activity, the cooperative has an obligation to pay income tax. For example, when storing money in a deposit account with a bank or levying fines (penalties) from those members who did not pay contributions on time. The interest on the deposit and the amount of fines will be included in the non-operating income of the housing cooperative (clauses 3, 6 of article 250 of the Tax Code of the Russian Federation).

The fact is that a cooperative, being a legal entity, regardless of its status as a non-profit organization, is a payer of income tax in accordance with the provisions of Chapter 25 of the Tax Code of the Russian Federation.

Therefore, for the purposes of calculating income tax, an HSC accountant is required to take into account income and expenses on a common basis.

Therefore, interest on deposits should be included in the tax base, regardless of whether the organization conducts entrepreneurial activity or not.

This conclusion is confirmed in the letter of the Ministry of Finance of Russia dated September 3, 2010 No. 03-03-06 / 4/82. It says that, in accordance with paragraph 6 of Article 250 of the Tax Code of the Russian Federation, non-operating income includes income in the form of interest received, including under bank deposit agreements.

At the same time, officials emphasized that the provisions of the paragraph do not establish a special procedure regarding the recognition of these incomes by non-profit organizations.

When placing temporarily free funds received from shareholders on deposits, there is one more danger - tax authorities can exclude them from the target group, attributing them to misuse. In other words, the cooperative will have to include the amounts of its bank deposits (not interest, but the entire amount of the deposit) in the taxable base for corporate income tax.

The income received from entrepreneurial activity, HBC takes into account in the taxation of profits in the general manner.

Responsibility for violations

The attraction of citizens' funds through housing cooperatives for the purchase of residential premises is provided for in Federal Law of December 30, 2004 No. 214-FZ (subparagraph 3, paragraph 2, article 1).

At the same time, the specified norm determines that such attraction is allowed by housing construction and housing funded cooperatives in accordance with federal laws regulating their activities.

From which it follows that the liability measures provided for in paragraph 1 of Article 14.28 of the Code of the Russian Federation on administrative offenses for the unlawful attraction and use of funds (a fine in the amount of 500 thousand to 1 million rubles) cannot be applied to the activities of housing cooperatives.

This is due to the fact that the norms of the legislation governing the activities of housing construction cooperatives do not provide for such liability.

Therefore, only general liability mechanisms established by the Civil Code of the Russian Federation can be applied to them.

Such measures include the payment of interest on borrowed money (art. 395). They are calculated based on the refinancing rate of the Bank of Russia.

In addition, we note that in case of violation by the housing construction cooperative of obligations to provide residential premises, its members may seek recovery and other losses (Article 15).

Housing cooperative - a legal entity, represented as a community, carrying out its activities to provide members of the association with housing. Any person can join the union, regardless of status.

What is a housing association

In simple terms, a housing cooperative or homeowners partnership (HOA) is a union of people who have created a common budget for the purchase or construction of apartments for all members of the association. To enter the housing complex requires a membership fee, the money from which is spent on housing.

The rights and obligations of a non-profit organization are established in two main regulatory acts:

Articles 111 and 112 of the Housing Code of the Russian Federation;
Civil Code of the Russian Federation - section on legal entities.

The most important document that regulates the activities and capabilities of the union is the charter.

The charter is the main document of the organization. Everything that is connected with the functioning of the housing complex is registered here: the size of entrance fees, the basic requirements for joining an organization and leaving it, etc.

The highest management body of the cooperative (usually a general meeting) selects and appoints a person responsible for financial and economic activities. The same body has the right to change the candidate in case of dissatisfaction with the choice.

A union can be created by at least 5 people, but the total number of people should not be more than places in a cooperative house.

For the association to be considered officially formed, a unanimous decision of the founders is necessary.

The legislation of the Russian Federation does not describe all the subtleties of the structure of the LCD. This remains at the discretion of community members, but the law requires a protocol that reflects all important events from the day it was founded.

Types of cooperatives

There are currently three types of housing cooperatives:

Standard housing cooperatives;
Housing and Construction Cooperative (HBC);
Housing and Savings Cooperative (ZhNK).

Each community has a number of fundamental differences in structure and charter. We talked about the first form above, so we will further consider the other two.

Housing cooperative

The fundamental difference between a standard HOA and a housing cooperative - in the latter, the main goal is to build housing, and not to acquire it. As a rule, such associations organize the construction of large houses.

HBC is created as follows:

A meeting of the founders takes place, which is mandatory recorded;
The charter of the building community is approved;
There are payments in favor of the state in the amount of 2,000 rubles;
Registration of a cooperative as a legal entity with entry in the Unified State Register.

The main document that governs the functioning of the union also remains the charter. It indicates:

Rules for entering and leaving the union;
Down payment amount;
Description of joint ownership and the nuances of its use.

The indisputable advantage of this society is that people with disabilities can establish HBCs. In this case, the following incentives come from the state:

For the construction of an apartment building, the administration is obliged to allocate land free of charge;
The housing project for the cooperative is developed and issued completely free of charge;
The city administration is committed to assist in connecting the new building to urban infrastructure.

But there is one caveat: such a community has the right to build only economy class houses.

Housing and Savings Cooperative

WNC differs from other unions in that community members accumulate funds for the purchase of housing through mutual contributions. In this case, apartments are purchased in completely different places.

The choice of such a union is a risky occupation, since the ZhNK is an excellent cover for fraudsters, so there are a number of recommendations when choosing a housing and savings cooperative:

Open organization policies and loyalty to shareholders;
Union activities are carried out only on the basis of the laws of the Russian Federation;
A reliable cooperative should cooperate with large and time-tested banks;
All issues are resolved by the meeting promptly;
Transparent community management and a clear goal;
Membership fee should be the smallest among all cooperatives.

Housing and Savings Cooperative - a great alternative to a mortgage. So, the overpayment for an apartment taken on a mortgage for 2.5 million rubles will be at the standard credit rate:

For 10 years - 2.1 million rubles;
For 20 years - 4.9 million rubles.

It turns out that for 20 years the lender overpays for the apartment 2 times more, moreover, the down payment must be at least 15% of the cost of housing.

Now for the JNA at the same price for housing. The entrance fee + membership fee + share will be no more than 100,000 rubles, and this is significantly less than 15% of the price of the apartment.

Membership fee is paid only once upon entry into the community. This money goes to pay for the activities of the union: salaries to lawyers, accounting, etc.

The calculations are as follows: for 23 months, taking into account the monthly deposit of funds, 35% of the total cost of the apartment is accumulated - 890,000 rubles. Then a loan of $ 1.7 million is taken from the community. The standard interest rate for such communities is 3%. It turns out:

1 year - 510,000 rubles;
2 year - 500,000;
3 years - 480,000;
4 years - 270,000.

As a result, a member of the union acquires his own housing after 23 months, and fully repays the debt after 3 years and 7 months.

Advantages and disadvantages of housing cooperatives

Each type of housing cooperative has its own particular advantages, however, if summarized, the following positive points will be obtained:

The cost of the apartment . Since the budget of a non-profit organization consists only of the funds of members of the association (there is no credit money), the cost of housing will be about 2, and sometimes 3 times less. This is the main advantage of any type of LCD;
No need for help . In order to take a mortgage loan, you need to submit documents on solvency, income, health certificate, etc. To purchase square meters through a cooperative, it is enough to provide a passport and a scan of the work book. It is simple to explain such a phenomenon - unscrupulous members of the union will eventually filter out themselves, while not receiving anything.

Despite these positive aspects, housing cooperatives are not without significant shortcomings:

Membership fee . To join a cooperative, you must pay an amount equal to from 3 to 7% of the cost of the apartment. This contribution can be considered gratuitous, since it does not go to the amount of accumulation and will not be returned to the payer if he decides to leave the association;
Own . When a client enters into an agreement with a bank on a mortgage loan, the apartment immediately becomes the property of the payer, although at that moment it is pledged. In case of delay in payments, the bank gives time to rectify the unpleasant situation, since its interests do not include legal proceedings. In the case of housing and communal services, until the last installment, housing remains in the ownership of the association, therefore, in case of late payment, the organization has the right to select an apartment without proceedings.

Housing cooperative - what is it? (video)

In the next video, they will briefly talk about what housing cooperatives are and why they are needed:

Membership in a housing cooperative brings more benefits than losses. All risks are connected only with the fact that a citizen made the wrong choice of organization.

The people themselves or legal entities of their own free will to combine their financial resources. Usually they do this in the future to engage in the construction, overhaul or maintenance of the house.

Thus, the cooperative is designed to meet the human need for living space. He can also manage residential and non-residential areas in the type house.

By themselves, HBCs also act as legal entities and must undergo the established registration procedure in accordance with Article 114 of the RF LC.

Having understood what it is, we turn to legal issues.

The legal status of housing cooperative

As mentioned above, article 110 of the RF LC explicitly states that ZhSK is a voluntary association of Russian citizens or legal entities. Members of such a community set a clear goal to satisfy the needs of people who need living space. Still manage MKD.

If we recall the current legislation that regulates urban development, we can make sure that such communities always act as developers and take the responsibility to ensure proper construction or complete repair of the house, which is located on a piece of land owned by ZhSK.

Types of housing cooperatives and distinguishing features

The Housing Code provides for two types of cooperatives of this type: ZhSK and ZhNK. Each has its own characteristics.

As has been said many times above, ZhSK aims to provide housing for all its members and its achievement directly depends on the degree of share participation of each. This community will exist exactly until the moment the house is completely completed and put into operation.

Further, he can continue to exist only in the form of a partnership, which will be involved in the control and implementation of all housing and communal activities. To organize this, you do not need authorized capital. Moreover, a member of such a cooperative does not at all undertake to take a direct part in its activities and build the building on its own.

The total amount of the so-called mutual contribution depends on the needs of the community. They are determined by estimates for construction materials, labor costs of builders, as well as other expenses. Overpayments for housing are minimized due to the lack of interest of the borrowed type. Thus, overpayments concern only ensuring the proper functioning of the cooperative during construction works.

The minimum number of participants can be only five people, therefore a relatively small group of citizens can create such an association and choose an object that will undergo development in the future.

is a relatively new phenomenon. Risks of a building type are completely absent here, as the scheme provides for the purchase of ready-made living space. When joining such a community, a one-time entry fee is made. Further, the participant is charged a monthly share fee.

After the membership fee has been paid, the amount that remains of it will be provided to the participant of the ZhNK in the form of a kind of loan at a small percentage of 2 to 6% per annum. The activities of such a community are never hidden from the people who are its members. Thus, a person in such a community always has the right to choose.

Different schemes, which implies the dark side of the money turnover, do not pass here under any pretext. This cooperative can choose for itself almost any property. such a union is not possible, even if only one person is a member.

Differences of HBC from other forms of MCD management

Each form of management has its positive and negative sides, as well as features. For instance:

The housing cooperative and the housing construction cooperative are almost the same thing.. Membership rules, management structure, membership fees, etc. completely identical to HBC. The only difference is that such a cooperative is not created when the house is under construction, and when it is already built and it needs to be put in order. This community is called upon to carry out managerial functions, and thus improve the living conditions of citizens who live in this apartment building.
How is HBC different from HOA? Homeowners' associations, unlike housing cooperatives, are also not involved in the construction of apartment buildings, the scope of its activities is similar to housing and communal services. Typically, such a community is formed by homeowners, which may be apartments or private houses in neighboring areas (see about). It is organized for the purpose of joint management or harmonious economic activity in an apartment building or on land owned by the members of the partnership. Within this framework, the operation of common property, the construction of additional buildings or objects that will act as common property for all people in the HOA can be carried out. Common property or its facilities may be rented out if it so decides.
The creation of exactly the liquidation of such a community is regulated by the Civil Code, as well as by Federal Law No. 72. But unfortunately, the latter lost its strength back in 2005 and therefore today the procedure for the creation and liquidation of HOAs is regulated by the Housing Code. It establishes a special procedure for registering a partnership as a non-profit type organization.
Management company or management company. Unlike others, this form of management is a commercial organization. She manages the property entrusted to her by other individuals or legal entities. The property of residents who trust such an organization is trusted through a special managerial type agreement (read about government bodies). When tenants decide to use the services of the Criminal Code and conclude the aforementioned contract, the organization is entitled. Dispose of all assets of a fund created through collective investment. Money that has been accumulated by the pension method. The accumulated money that was collected to provide housing for citizens undergoing military service. Mortgage coverage, etc.

And about the differences from the DDU described in detail. Now you can decide for yourself which is better.

More details about the responsibilities are written in another article.

Conclusion

If you recall everything that was mentioned above, then you can understand that there is a sense in creating a housing cooperative. After all, only by uniting, people at all times achieved the desired. Today, after all, not a single citizen of Russia will refuse to improve living conditions. Today, in order to live in comfort, people need to use their strength. For this, housing - building cooperatives and other forms of HOA management are being created.

Many are familiar with the concept of HBC. But maybe not many people know for sure what it is. So, ZhSK is an organization, a legal entity uniting people with a common goal. Under the common goal in this case, consider the construction of their own housing and, as a result, In practice, as a rule, housing cooperatives are created when people tend to buy a new apartment in a new house, or repair an existing house, or do its management and maintenance. For these tasks, citizens unite a lot, including money and effort. And, as life shows, such a practice has proven itself from a very good and profitable side.

Now it is necessary to consider the concept and interpretation of HBC, advantages and disadvantages in more detail.

Live happily and beautifully

I would like to say that HBC can be deciphered as "Live happily and beautifully." However, the decoding of ZhSK is somewhat different. In Russian, the considered arevira is decrypted as follows: housing construction cooperative. People create it themselves on a voluntary basis. Why is this trend widespread?

The answer is quite simple: it is easier and cheaper to create normal living conditions together than to achieve this alone. Of course, you can build your own house, and not depend on anyone. But, firstly, not everyone has a land plot where they could settle down. Secondly, not everyone has enough funds for individual construction. And thirdly, not all people want to have a private home. For some, a small or spacious apartment in an apartment building is comfortable living conditions. However, ZhSK is building not only high-rise buildings, but also penthouses and cottages. This is a wish of the citizens themselves.

All according to the law

The decoding of the abbreviation HBC speaks for itself. A housing and construction cooperative is the construction of housing at the expense of shareholders or, one might say, equity holders, members of the cooperative. Since the housing construction cooperative is a community of legal subordination, it operates within the framework of the legal provision of the Housing Code of the Russian Federation.

This community, in accordance with its goals, is committed to providing quality housing for members of the cooperative. Or carry out a thorough repair of a multi-storey building run by a housing and construction cooperative. Those who want to join this community must meet the requirements:

these are people whose age is at least 16 years old;
these are enterprises and organizations if they are the owners of housing owned by the housing cooperative;
these are other legal entities (but not always possible, there are nuances in the law).

It follows from the above that both individuals and legal entities have the right to join the community.

Who lives in the tent

According to the Housing Code of the Russian Federation, a housing construction cooperative should consist of five equity holders. And the maximum allowed number of participants should equal the number of apartments in the house. It is not always possible at the initial stage of building a house to gather the right number of community members. It is necessary not only to have goals, intentions, but also to earn trust.

However, a well-organized HBC and reviews have good ones. Of tremendous importance is the financial side of the matter. If the construction of a high-rise building is provided with funds of members of the cooperative close to 100%, then there is more confidence in such a housing cooperative. The identities of the founders of the housing cooperative are also important.

From HBC to ZHNK

The law interprets two interdependent concepts - ZhSK and ZhNK. As already mentioned, HBC is a voluntary association of people whose goal is, first of all, to build housing through joint efforts. That is, each member of the cooperative brings its share in the construction. But when the house is already built, ZhSK may well cease to exist and go into another form of cooperative - partnership. This association aims to keep the house in order. And for this, the authorized capital is no longer required, and the role of each member of the former housing cooperative is different.

All that is required of them is to contribute certain funds for mandatory work on capital and current repairs. To contain the roof, facade, communications in good condition. The amount of costs is determined depending on the estimates, the costs of remuneration of builders and the purchase of building materials.

Collective mind

Living under one roof, albeit in different apartments, implies general care for the proper maintenance of common areas in the house. In HBC meetings are held according to the established schedule. And once a year, a general meeting of all community members is held. At joint meetings, people, as a rule, make reviews of HBCs and solve many accumulated issues, even of an individual nature. The decision is made by voting. Each member of the community has one vote, regardless of the occupied area of \u200b\u200bthe apartment or the position held in this community. Very important: decisions of the annual meeting will be considered legal if more than 50% of the members of the cooperative took part in it. Otherwise, you will have to hold the meeting again.

How to pack correctly

To get together and hold a meeting is often not an easy task for ZhSK. People are busy with their questions, many do not want to know anything that happens outside their apartment. Nevertheless, it is possible and necessary to discuss general issues once a year or to get together for an extraordinary meeting on urgent matters. And you need to do this according to the following rules:

the type of meeting is determined (annual, extraordinary);
an agenda is being formed, a meeting place, day and hour, responsible persons;
informing members of the cooperative no later than 10 days before the meeting.

On a fixed day, people come at will. And discuss the agenda. The remaining questions that were not planned to be discussed are asked at the end of the discussion of the main topics. By voting decisions are made and recorded in the minutes of the meeting. The final step will be to inform about the decisions made by all members of the community, including those who did not participate in the meeting. However, everyone has the right to appeal the protocol.

How to agree

Of great importance is a properly drawn up HBC agreement. Before joining a cooperative, you should study all the pitfalls. More than a third of apartments in many new buildings are sold under agreements on participation in the housing construction cooperative. But it is worth knowing that in this agreement the scheme of interaction between the developer and the equity participants is not regulated by law. Thus, there is no single sample of such an agreement. And the developer can experiment with the text of the contract, pursuing certain goals. We need to carefully look at all the points so that the developer not only takes care of his own interests, but also fully guarantees the quality of work and meeting the deadlines. And also did not overstate the cost of construction during the work.

Fundamental points

The second most important document is the charter of the housing cooperative. A set of basic laws for a particular housing cooperative. All the norms, rules and principles of the community are reflected in the charter, which you must familiarize yourself with before deciding to join a housing cooperative and sign an agreement. This is especially important if a person joins an already created cooperative, has not taken part in drawing up the charter, does not know what is written in it, and has already missed the opportunity to make changes.

The charter is adopted at the first meeting of the board. It should be based on the law on consumer cooperatives. Only after the charter is adopted, the HBC can be officially registered as an organization.

The charter contains:

community address
share size (contributions);
name of housing cooperative;
entry procedure;
responsibility for failure to fulfill financial obligations, for disruption of the schedule;
composition of the board;
loss coverage.

additional information

The charter fully reflects the entire plan for future work. It is indicated in it what exactly is being built, in what way. Will garages, outbuildings, parking spaces, a playground be erected yet.

You can build anything you want, add a ton of details. But the main thing is that all members of the community approve this and are ready to pay for additional comfort. And in the financial document on payment usually there is information about several types of contributions:

entrance fee;
share;
for home repairs;
for the operation and maintenance of common areas.

By the way, the one who contributed the share belongs to the apartment. And everything else is common, and belongs to the cooperative on rights common to all.

Obligations of the members of the association

HBC - this is one of the acceptable alternatives to acquire your own housing together. But this imposes certain responsibilities on community members.

All members of HBC bear subsidiary liability. They answer:

for the timely payment of funds;
for repayment of debts;
jointly pay property taxes;
jointly paying for services and work associated with the operation of the house.

And they will be able to call themselves the owners of apartments when they fully pay for housing, pay their share contribution.

Builds or manages

Management company and housing cooperative are different concepts. Although they can perform the same functions. The Housing Code, as you know, defines three types of home management:

it is direct control;
homeowners Association (Housing cooperative);
with the help of a management company.

All three options have both their pros and cons. Consider the option of managing HBC. The main goal of bringing people together in housing cooperatives is, as we said, building a house. But when the house is built, HBC can take over the functions of managing this house. It is believed that this is the most convenient and profitable option, because the house is managed by its people - neighbors. Of course, sometimes there are those who abuse confidence. Well, you can always re-elect the chairman.

What is the basis for the choice of the main person of the cooperative

The manager of the housing cooperative is the main person in the cooperative. He is elected by the board of the house. A prerequisite - he must be a member of the HBC. All rights, tasks and powers of the chairman of the Housing and Utilities Commission are prescribed in the charter. He has many responsibilities:

organize and supervise activities related to home management;
control the quality of services provided to residents of the house;
ensure proper operation of house communications;
keep documents of ownership of apartments of residents;
issue the required documents at the request of residents;
inform residents about repair work, about disconnections from any resources;
keep financial statements, report to residents for the funds collected and spent;
recalculate for the payment of servants of inadequate quality.

And this is not a complete list of duties of the chairman.

According to the employment contract

The chairman of the HBC is elected by the meeting of members of the cooperative. This meeting is the employer, and the chairman is the hired, elected employee of the meeting. And, of course, an employment contract is drawn up with him. He also receives a salary for his labors. In Moscow and the Moscow Region, for example, the salary of the chairman of the housing cooperative is an average of 30 thousand rubles. But this amount is negotiated by all members of the community, as it will be paid from their pocket.

The chairman of ZhSK is not the owner of the organization. He also votes during decision-making at meetings with one vote, like everyone else. An employment contract may be terminated if the chairman loses the trust of the tenants. For example, tenants cannot get a full expense report from him. In this case, an extraordinary meeting is going to take place, residents are required to report on the money spent and on the implementation of plans for the construction, repair and maintenance of the house. If there is no such report or it is in doubt, then it is worth making a decision on an unscheduled tax audit.

Benefits

Practice shows that HBC is a viable organization with many advantages. The main ones are:

large amounts are not required immediately for joining a cooperative;
charter capital for HBC is also not required;
none of the community members need to build a house with their own hands;
there is no fixed amount of the contribution; at the meeting, the members of the cooperative themselves decide what amount to establish, and bring it into the charter;
hBC members are building a house for themselves, which means there is confidence in the quality of work and good control over the progress of construction;
a member of the HBC can make adjustments to the plan by participating in meetings and using the right to vote.

And disadvantages

Cons too. The main thing is to weigh what is more - pluses or minuses. But the disadvantages of HBC are also worth knowing. Here are the main ones:

all responsibility lies with the members of the housing cooperative - the search for a construction organization, architects, the acquisition of building materials;
costs should be carefully monitored during the construction and acquisition of building materials, funds should be sufficient;
collective responsibility requires the introduction of missing funds in the common cause when one of the members of the cooperative was unable to make a contribution on time;
privatization of the apartment is possible only after the full payment of shares;
there is a risk of bankruptcy of HBC.

The conclusions are obvious.

It is no coincidence that housing construction cooperatives have firmly entered our lives. With their help, you can realize the dream of comfortable housing with all amenities and at prices more favorable than buying an apartment in a different way. An apartment in ZhSK is always housing in a new house. This means that it is more comfortable, with lower costs for the repair of the common property of the house. And it’s high time to understand that creating better living conditions is a joint effort, so achieving goals is easier.