Housing cooperative - a real alternative to POLOLAK? Hskh - what is what

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1 PJSC SKB Primorye "Primsocbank" 690106, Primorsky Krai, Vladivostok, partisansky pr-t, d. 44; AROIZHK JSC 163000, Arkhangelsk, ul. Popova, d. 17; OJSC "SAIZHK" 620075, Sverdlovsk region, Yekaterinburg, ul. Belinsky, d. 35; Akb "Altaybusiness - Bank" (OJSC) 656049, Russia, Altai Territory, Barnaul, Lenin Avenue, 43; JSC "Reliable House" 125284, Moscow, Leningradsky Avenue, d. 31 A, p. 1; JSC "Reliable House" 125284, Moscow, Leningradsky Avenue, d. 31 A, p. 1; Foundation Izhk (Veliky Novgorod) Novgorod region, Great Novgorod, ul. Large St. Petersburg, 6; OJSC "AHML RSO-Alania" 362027, the Republic of North Ossetia-Alanya, Vladikavkaz, ul. Marcus, d. 51; VGIF, 600001, Vladimir region, Vladimir, Lenin, d. 21a; OJSC "Vazhk" 400001, Volgograd, ul. Kanunnikova, d. 23; JSC "Airl in" 160009, Vologda, ul. Chelyuskintsev, d. 47; AZHIC Voronezh region JSC 394036, Voronezh, ul. 20th anniversary of the VLKSM, d. 54a; Akb "Izhkombank" (PJSC) 426076, Udmurt Republic, Izhevsk, ul. Lenin, d. 30; JSC "Koia" 305000, Kursk region, Kursk, ul. Gorky, d. 50; OJSC RT OJSC 420111, Republic of Tatarstan, Kazan, ul.B. Krasnaya, d.15 / 9; But "ZHSS CO Foundation" 236001, Kaliningrad, ul. Green, 89; JSC "Koshelev-Bank" 443100, Samara region, Samara, ul. Mayakovsky, d.14; JSC "AHML KO" 650066, Kemerovo region, Kemerovo, Ave. October, d. 51; JSC KB "Khlynov" 610002, Kirov region, Kirov, ul. Uritsky, d. 40; KKFJS 660095, Krasnoyarsk, Prospect. newspapers "Krasnoyarsk worker", d. 126, office 640; JSC "KIZHK" 640007, Kurgan region, Kurgan, ul. Burov-Petrova, D.112; Uralregonipotek LLC 455044, Chelyabinsk Region, Magnitogorsk, Karl Marx Prospect, 77, Corp. 3; OJSC "Dagipotek" 367027, Republic of Dagestan, Makhachkala, ul. Engelsa, d.47; OJSC "RO IZHK Yaroslavl region" 150000, Yaroslavl, ul. Saltovkova - generous, d. 12; JSC "Mortgage Corporation of the Chuvash Republic" 428,000, Chuvash Republic, Cheboksary, Moscow prospectus, 3.; GP But "Nika" 603089, Nizhny Novgorod, ul. Poltava, 26; JSC "Noaik" 630102, Novosibirsk, ul. Zyryanovskaya, d. 53; GUP RK "Fund of State Property RC" 185035, Republic of Karelia, Petrozavodsk, ul. Gogol, d. 12; Avtogradbank JSC 423831, Republic of Tatarstan, Naberezhnye Chelny, Hasan Tufan, d. 43; JSC "Yamal Mortgage Company" 629008, Yamalo-Nenets Autonomous Okrug, Salekhard, ul. Republics, d. 78; JSC "Mick" 430000, Republic of Mordovia, G. Saransk, ul. Communist, d. 89; Joint Stock Company "Mortgage Corporation of the Saratov Region" 410003, Saratov, ul. them. Kutyakova I.S., 6; JSC CB "Forbank" 107140, Moscow, ul. Nizhn. Krasnoselskaya, d. 5, p. 5; JSC "Comiipotek" 167000, Komi Republic, Syktyvkar, ul. International, d. 133; JSC "AHML Tambov region" 392000, Tambov, ul. Sovetskaya, 191 "B", OJSC "Ugiik" 450098, Ufa, Prospect October, d. 132/3, 6 floor, cab. 605; JSC "Mortgage Corporation of the Chuvash Republic" 428,000, Chuvash Republic, Cheboksary, Moscow Avenue, 3; JSC "AHML on the Tyumen region" Tyumen, ul. Ordzhonikidze, d. 63; JSC "Mortgage Corporation of the Republic of Buryatia" 670000, Republic of Buryatia, Ulan-Ude, ul. Trade Union, d. 35; JSC "Mortgage Investment Agency Stavropol Territory "355035, Stavropol Territory, Stavropol, ul. Lenin, d. 217a; Info-Content LLC 620075. Ikaterinburg, ul.zya Luxembourg, d.19.

One option is to participate in housing and Construction Cooperative. This article discusses the key points of this structure, and also analyzed the pros and cons of the acquisition of living space through the HSSC.

Concept

What is understood under the housing and construction cooperative? In art. 110 chapters 11 of the Housing Code of the Russian Federation gives a general definition for LCD and RCS. By law, it is cooperation of individuals or legal entities on a voluntary basis To ensure their needs in the housing and manual home.

In paragraph 4. Article 110 states that the ECC is a consumer cooperative. In a letter of the Ministry of Economic Development of Russia of April 10, 2008 N 4416-UP / D05, it was mentioned that such cooperatives can be divided into two types: cooperatives with the main activity in the form of profit and cooperatives whose activities have a consumable nature through the participants' mutual contributions. The association under consideration refers to the second form.

It's important to know! According to changes in the Federal Law of 30.11.2011 N 349-FZ, the HCC, formed after the first December 2011, acts as a developer when purchasing access tolerance.

Difference of the housing department from the LCD

The main distinguishing feature of the LCD and the ESSC is the essence of associations with a common goal. Members of the LCD acquire the built housing, finance recovery and further maintenance of the construction, while members of the ECCOM pay the construction, restructuring and maintenance of the house.

Legal status

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

In addition to codes, the position of the HCC is set by its charter, which will be described further.

For your information! From July 1, 2016, the Housing and Construction Cooperative should host the following documents and information in accordance with numerous prescriptions:

The composition of the participating in the housing system;
Admission to the construction of the house under the means of members, as well as permission to the area provided for development;
The location of the construction and its description, decorated by the rules of the settlement documentation;
The number of apartment premises in the house under construction and their characteristics;
Approximate date for the acquisition of permission to implement the house.

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

Settlement documentation;
Documents certifying the resolution of the ECC on the land area;
Reports of meetings of members of the cooperative, votes;
Conclusion of the auditor of the housing department.

Structure

Let us list the main regulatory authorities:

General meeting;
Conference, with the number of members more than fifty people;
Board of the housing and his chairman.

The most important and significant advice is the general meeting, and the authority of the conference is formed by the Charter of the Organization. Conduct the general meeting is possible only in the presence of more than half of the participants. Take the verdict if he gave his voice for him more than 50% of those present. Such a solution issued by the protocol is inevitable for all participants of the ECC.

The Board of the HST is chosen from members of the Association of the General Assembly (conference). All competencies are fixed by the charter. The Chairman of the Board is chosen from the Circle of the Persons in the Board. His duties include the embodiment of the intentions of the cooperative, the expression of the needs of the ZhSK, etc. The main requirements for it are conscientiousness and rationality.

In addition to the above posts in the cooperative, there is an auditor or an audit commission. The main task of this unit is to control finance and economic activity.

If a person has a charge of deliberate crimes, carries the burden of an administrative fine in the form of removal or previously led the management service in the field of construction and related fields, it cannot join the cooperative management apparatus.

Creature

Denote the procedure for receiving those wishing to the participants of the ECC. First of all, a citizen (from 16 years old) or legal entity application for the Board of Cooperative. Appeal is considered within a month And approved by the General Assembly.

After the new member pay the entrance feeHe is considered a full participant in the cooperative.

In cooperative there should be no less than five participants (Article 112, LCD RF), but there should be no more participants more than the number of premises under construction.

To create a cooperative, a constituent meeting is collected, whose participants may be able to create a housing department. The decision to create an association is considered approved if all founders chose it.

check in

State registration is implemented on the same rules as registration of legal entities. From the moment of registration, those who filed their voice for the formation of a cooperative acquire the status of a member. Let us turn to the federal law of 08.08.2001 NO 129-FZ "On the state registration of legal entities when creating them." It registed the main conclusions regarding registration:

Registration of the FSC is carried out at its location.
Maximum for three days is held state registration from the date of transferring the necessary documents to the registering authority.

The list of required documents is listed below:

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

Tired

Article 113 of the LCD RF provides full information that it is necessary to provide the ECC in the Charter.

Its structure looks like this:

name of the cooperative; location;
the essence and purpose of functioning;
instructions for the acquisition of cooperative membership;
procedure for termination of participation in the association;
the magnitude of the introductory and mutual contributions, as well as the regulations of their introduction;
the consequences of non-compliance with the established obligations on contributions;
the powers of the managers of the cooperative;
rules for recognizing decision-making authorities;
rules for the transformation and liquidation of the association.

Liquidation

The liquidation of the HSC is the termination of the activities of the association without the transfer of rights and obligations. Some special rules for the housing and construction cooperative in the law are not written, it is recommended to use Article 61 of the Civil Code of the Russian Federation "Liquidation of a legal entity" as a base.

Liquidation can occur both on a volunteer basis by agreement of the participants or after the expiration of the term and by the court decision.

On a forced basis, the HCC is liquidated in the following cases:

Registration RCC is invalid.
The RCS is working without subject to resolution.
Activities of the HSSC contradicts the Constitution of the Russian Federation and other legal acts, as well as the Charter of the Organization.
According to the cake of the shareholder, in the event of non-compliance with the ECC of its direct destination.

When the court ruled on the termination of the activities of the Association, the HCC is obliged to settle obligations to creditors.

Advantages and disadvantages of buying an apartment through the housing

Consider pros and cons of the acquisition of housing according to the Scheme.

Undoubted advantage is the possibility of payment in long installment. You can pay the pairs. Most companies selling apartments according to the equity scheme provide installments until commissioning.

Another convenience of the HST is the possibility of independent hiring new in the event of a bankruptcy of the current one.

According to, in this situation, participants will have to demand accommodation in court, or create a new utility, and this is a very long process.

Enjoyable advantage for members of the housing department is the transition of all power management authorities immediately after the construction of the house.

In the event of equity participation, it is necessary to first create a home owner partnership, which can last for an indefinite period.

The shareholders have the opportunity to participate in the management of construction, reconstruction and future exploitation of the house, have free access to the documentation. It gives them more guarantees than at the conclusion of the DDU.

Scheme Zhsk has disadvantages. Participants of the cooperative can be victims double sales In the case of using the company "Gray" schemes for the sale of housing. According to the law, as mentioned earlier, such frauds are prohibited: the number of apartments should not be greater than the number of members of the housing. In this situation, wanting to join it is recommended to talk to the participants of the cooperative or with those who came out of this or to other reasons.

Since the law "On the protection of consumer rights" does not concern the relations of the shareholder and cooperative, the RCS not responsible for the breakdowns of construction and malfunctions after the sale of the house. To prevent such a situation, it is necessary to read the contract, especially the points about the warranty period of construction and the date of completion of the work.

Clarification on video

About what is the HSSK, tells Anton Lebedev.

Abbreviated such association is called the ECC.

Such an association is a set of persons, or the functioning of organizations among themselves, the main goal of which is to build real estate, the distribution between citizens of housing, and then management of the construction.

At the initial stages of its functioning, the HSSC controls the construction of real estate. The members of the HSK themselves can take direct participation in the construction, up to construction work or approval of plans with the administration.
After the property was built and handed over, the ECCC is transformed from the construction company to the manager. Now on the shoulders of members of this association lies the duty of the content of such a house, thereby moving out the time as possible when the housing will be recognized as Vetchim.

Thus, despite the fact that the RCS is considered quite simply organized by the system, it can be transformed from the construction company to the manager, thereby protecting residents from finding intermediaries and performers of any important work in the form of management organizations.

Many citizens want to unite in the HSSK, but they are concerned about the question of what form they will interact with each other. Is it worth issuing such an organization as an IP, or a legal entity? In fact, the ZhSK is a legal entity, as it has founders, a group of initiatives, as well as other management bodies.

The organization's data is approved in accordance with adopted constituent documents and the charter, which is compiled jointly by all members of the HCC. Therefore, if you plan to create your housing in the near future, then be prepared for the fact that you will have to undergo all stages of registration of a legal entity.

Legal position of housing cooperatives

The legislation of the Russian Federation regulates in detail and highlights issues related to the functioning and existence of a housing and construction cooperative. Therefore, before independently proceeding to the creation of such an organization, it is worth paying a long time to study legislation.

Organizational and legal form

The topic for discussion is the question of how it is organized by the ECC. What institutional form is this union? As we said in paragraph above, the HSS is a union that must be registered in the form of a legal entity. Unfortunately, other organizational and legal forms, such as IP, and so on can not be acceptable.

The legislative framework

In the paragraph, which was set out somewhat higher, we discussed regulatory acts that tell about the concept of housing and construction cooperative.

If you want to cooperate with the HSC, or to organize it yourself, you need to know about the concept of a cooperative. It is also important for you to own information on how it functions, as well as learn the rules that illuminate other points in this matter.

So, the question of the functioning of the HCC in the Russian Federation is consecrated in the Housing Code, which is very logical.

Article 110, as we have already spoken, tells about the concept of the housing department.
123 The article indicates the features of the organization of such a company, as well as about its activities. Be sure to read this article.
The whole chapter 11 of the Housing Code, in general, is devoted to housing cooperatives. Therefore, thoroughly examining this article, you will hand over many useful information.
Pay attention to the Federal Law of December 30, 2004. This law has number 215. This federal law tells about housing accumulative cooperatives, but some norms of this act may be approached for the functioning of a conventional housing construction cooperative.

What types do there exist?

It is quite logical that, depending on the needs of citizens, there are different types of housing cooperatives.

To date, such two species as housing and housing accumulative cooperative are widely known. Despite the fact that both of these species are associations of people, the essence and goals of their work are somewhat different.

As we have said, under housing and construction, such an association is understood, which refers to the number of consumer cooperatives. The main goal of such functioning of citizens within the organization is providing residential areas of all members that are part of the co-operative itself.

After all members of the cooperative became full owners of real estate, such an organization is converted to the management company, and begins to carry out actions on trust and real estate management.

Housing accumulative cooperative is such a union of citizens, which allows us to receive several areas of real estate on the choice, while the owners are not engaged in construction, but by collecting funds to receive such real estate.

After analyzing what is the activities of a cooperative, you can make for yourself the conclusion about what exactly you will be more pleasant and most convenient to participate. It is difficult to definitely say what is better, it all depends on each specific situation.

Difference from other MCD forms

What does the ECC differ from other forms of control by an apartment building? What are the main distinguishing features?

In fact, there is a mass difference.

The main one is that other organizations in the form of housing owners, governing companies, as well as other organizations receive an already constructed house, and should contain it properly.

Sometimes, management companies receive new buildings not in the very good condition.

And all because the developer is interested only in the delivery of the house, but in no case in its content.

In this regard, the ESSM is somewhat more profitable. Owners control construction processes, and then manage real estate. This means that the developer who from the very beginning will be under control, will do everything so that the HSSC in the form of the management company does not have to redo and finish.

Also, members of the housing and construction cooperative independently collect funds for the receipt for the content of real estate, they carry out employees, carry out overhaul and planned.

In the other managers organizations, such actions are carried out either invited managers or selected members of the Board.

From housing cooperatives

The main difference between the housing cooperative (LCD) from the housing and construction (HSSC) is that the housing cooperative is the association of citizens who are interested in the content of the house.

In the housing and construction cooperative, persons are interested not only in the content, but also in construction.

Initially, individuals independently develop a plan of construction, workers invite workers, engage in procurement of materials, agree on construction in the administration. Thus, it can be said that members of the HSK do a great job, which later becomes the basis for the content of housing.

From Tszh.

Many compare the housing and construction cooperative and HOA. And in that, and in another case, home management is carried out by the owners of housing, or rather the initiative part of them. However, what to choose?

In fact, this question is easy enough to answer. If the tenants are able to first build real estate, and only then manage it, then you need to choose the housing department. This form implies first construction as the first stage, and then the control and maintenance of the house. If you already have views of any building, and have become owners and areas, then you can organize HOA.

From DDU

The DDD abbreviation is rare enough. And all because such a form implies a contract of equity participation.

In fact, such an agreement implies a treaty that is compiled between the developer and the shareholder. In accordance with this act, you together with other shareholders acquire real estate from the construction company.

Next you can independently manage this property and manage it yourself, or entrust the management of another company. However, DDD is seriously different from the HSS. The fact is that under the contract of equity participation, owners redeem real estate from the developer.

With this form, as a housing and construction cooperative, the owners are building real estate from the very beginning, and therefore real estate from scratch independently, without the company developer.

Also, with a housing and construction cooperative, only members of the association are disposed of property and its content. In the contract of equity participation, the content can be entrusted to other organizations.

Conclusion

We hope that from this article you have learned the necessary information about how it acts, functions, and also carries out its activities. If you are planned to create such a company in the near future, now you will probably count your strength, and assume what you have to face.

Housing cooperatives are known since Soviet times, but since then has changed the conditions for the entry and participation in them. Despite the fact that in the modern world, cooperatives are quite rare, they still have a place, and are interested in potential buyers of new buildings.

Housing cooperative then and now

From the point of view of legislation, the housing and construction cooperative (HSSC) is a voluntary association, which entitled individuals for joint construction or purchase of housing. However, in practice, Maria Lithinetskaya, managing partner Metreum Group, explains, today they play another role, rather than their prototypes from the Soviet era. Then the construction cooperatives were partially funded by a state or an enterprise, therefore were a real tool for providing the population with housing. Of course, nowadays no voluntary association of shareholders has enough money for the construction of an apartment building. Therefore, housing and building cooperatives are most often created by the developers themselves as one of the legal schemes for attracting money to citizens at home.

Today the HCC must meet two main criteria for the possibility of attracting funds:

First, have the status of the developer (for this it is necessary to obtain a construction permit);

Secondly, to have a land plot on which construction is allowed.

Before making amendments to the Law on Housing and Construction Cooperatives in the middle of 2016, tightened the degree of control over the activities of the ECC, often developed a scheme of the investment contract between the owner of the land plot and the cooperative that carries out construction. Currently, such an agreement is illegal, since in this case the land plot does not belong to the housing cooperative, and, accordingly, the duties of the housing department of the houses are not provided with no charges.

Current legislation in the field of the ECCC contains a mandatory requirement to conduct an open access to the register of members, indicating the size of a concrete premium to be transmitted at the end of the construction of a particular residential building.

In general, the participation scheme in the housing system is as follows: the developer creates a housing and construction cooperative, which is attracted by potential buyers of apartments in a residential complex. Buyers signed with the cooperative agreement of participation and become its shareholders. The HSSK, in turn, concludes an investment contract with the developer and directs the collected funds of shareholders for the construction of housing. Despite the seeming simplicity of the scheme, there are many submarine stones that can play both in favor of the buyer and against him. Next, they will be considered in more detail.

Housing Cooperative Stones

Perhaps the main feature of the purchase of an apartment through the ZhSK is the lack of a contract of equity participation (DDU). All acquisition conditions are governed by the participation agreement in the housing cooperative, as well as the charter of this organization.

It is not difficult to guess that all the fundamental documents (the Charter and the Model Participation) are written in the interests of the developer, since it is he who creates the ECC. This means that in the event of disputes, a developer standing behind the cooperative created by the cooperative will perform in a more winning position.

In particular, the HSSC is not obliged to fix the final cost of the apartment, and by decision of the meeting the final price can be increased, and repeatedly, Maria Lithinskaya warns. In this case, the housing and construction cooperative has the right to demand additional contributions from shareholders for already paid to the contracts. It is also not responsible for the time limits of the project, if they are not spelled out in the Charter or the Participation Treaty. Therefore, it is impossible to prevent a penalty in case of violation of the construction time. The procedure for the return of funds is negotiated in the statutory documents, so in case of financial problems in a cooperative, to get your money back is problematic. Finally, the contract itself is not necessarily subject to state registration, which can lead to the "double sales" of apartments in the new building. Because it is difficult for the buyer to check whether the contract is concluded with another person on the same apartment.

There are other risks for the participant of the ZhSK, associated not with the design of relations, but with the legal status itself of the cooperative and shareholder. So, from the point of view of the law, a member of the housing and construction cooperative is not a consumer of services, and therefore is not protected by the relevant law on the protection of consumer rights. This is depriving a member of the HSSC opportunity to demand from the cooperative of the proper fulfillment of its obligations, first of all - quality of construction. In addition, the cooperative is not obliged to eliminate the identified shortcomings and construction defects.

Finally, another significant disadvantage of purchases through the housing is the lack of mortgage lending with state support. Banks are generally reluctant to provide loans to buy housing through a housing cooperative, since, in their opinion, the lack of state registration of legal relations related to the acquisition of an apartment under such a scheme is a less reliable tool than a registered participation agreement in equity construction.

Despite the large number of flaws, there are urgent and its advantages. Thus, participation in the housing and construction cooperative allows you to receive installments for a long time. For example, "Etalon City" is invited to install it until 2023, Barankov Natalia, a lawyer of the company Peresvet-Invest JSC. When implementing apartments by concluding a DD, the installments are provided, as a rule, until the end of construction. After commissioning and registering the right of ownership, the participant of shared construction becomes the owner of the apartment.

In addition, after the end of the construction, the right to manage the house automatically proceeds to members of the ECC, which can transform a cooperative to the HOA - Housing Ownership Partnership. Thus, buyers themselves can choose a management company (CC), whereas when DDA selection of the Criminal Code for the completed house there remains the prerogative developer.

Another advantage for a member of the HSSC, tells Renata Belyaeva, the head of the Legal Department of the Kaskad Family Company Family, is that if there is a desire, the buyer can directly participate in the life of the cooperative and be aware of its financial activities. This is possible because the highest authority is the general meeting of members of the housing and construction cooperative, and this gives him the right to control the fulfillment of the provisions of the Charter and act in the interests of members of the HSC.

And, probably, the greatest advantage of purchasing an apartment in a housing cooperative is an attractive price. The developer is not obliged to carry civil liability insurance costs, as in the case of sales through the conclusion of contracts for participation in equity construction, which increase the price of the object.

Renata Belyaeva also draws the attention of potential buyers to the fact that currently legislation on legal relations with the ZhSS significantly tightened. The responsibilities of the cooperative to disclose information to the members of the Zhsk and the regulatory bodies in the field of construction were introduced. Penalties were introduced for violation of the legislation on the involvement of funds of citizens with deviations from the requirements of legislation in an administrative order in the amount of 500 thousand to 1 million rubles, the criminal liability was imposed of persons guilty of attracting funds for citizens by around the law in a large and especially large amount . All changes are designed to minimize the risks of "double sales" and thereby reduce the number of citizens deceived by developers.

Is there a future?

Today, on the market of new buildings, the overwhelming majority of objects are sold through the conclusion of DudS (contract of participation in shared construction) and the assignment contract of the right of the requirement for it. Duds gives maximum protection to buyers within 214-ФЗ (registering in Rosreestre, the contract is clearly spelled out all the conditions for the purchase of real estate, there are mechanisms for obtaining compensation for malfunctions). At the moment, DDU is the most reliable in the construction market.

As already mentioned, buying through the housing is a very risky scheme. This is understood not only by customers, but also the developers themselves, so the ECC has not been widespread - their share in the metropolitan market, for example, does not exceed 9% of the total supply.

As a rule, the RCC is used by the developer as a temporary scheme of attracting customer funds in the absence of necessary permits, in particular, issued property rights or leases to land, as well as published project declaration. After receiving the necessary papers, developers usually renew with the participants of the SCR shareholding contracts.

Maria Lithinetskaya believes in the foreseeable future this scheme will not be popular until there is a significantly more secure way to participate in the share of construction - DDU. Using developers of the RCC will continue to have an episodic character.

Thus, with a real opportunity to purchase an apartment in a housing cooperative, it is necessary to weigh all the pros and cons and solve whether this method is suitable for you.

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