What is a homeowners association. All about HOAs according to the new Housing Code of the Russian Federation: what it is, its pros and cons, changes to the charter

1. A homeowners’ association is recognized as a type of real estate owners’ association, which is an association of owners of premises in an apartment building for the joint management of common property in an apartment building or, in the cases specified in Part 2 of Article 136 of this Code, the property of the owners of premises in several apartment buildings or the property of the owners several residential buildings, ensuring ownership, use and, within the limits established by law, disposal of common property in an apartment building or joint use of property owned by the owners of premises in several apartment buildings, or property belonging to the owners of several residential buildings, carrying out activities for the creation, maintenance, preservation and growth of such property, provision of utilities to persons using premises in these apartment buildings or these residential buildings in accordance with this Code, with the exception of cases provided for in Article 157.2 of this Code, as well as for carrying out other activities aimed at achieving the goals of managing apartment buildings houses or for the joint use of property belonging to the owners of premises in several apartment buildings, or the property of the owners of several residential buildings.

2. The charter of the homeowners’ association is adopted at a general meeting, which is held in the manner established by this Code, by a majority vote of the total number of votes of the owners of premises in an apartment building. The charter of the homeowners association must contain information about its name, including the words “homeowners association”, location, subject and purpose of its activities, the procedure for the emergence and termination of membership in the homeowners association, the composition and competence of the management bodies of the partnership and the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes, the composition and competence of the audit commission (competence of the auditor) of the partnership, as well as other information provided for by this Code.

(see text in the previous edition)

2.1. The charter of the homeowners' association may provide for the use of a system or other information system when resolving issues related to the management of the homeowners' association, taking into account the functions of these systems.

3. The number of members of the homeowners’ association who created the partnership must exceed fifty percent of the votes of the total number of votes of the owners of premises in an apartment building.

4. A homeowners’ association is created without limiting the period of activity, unless otherwise provided by the charter of the association.

5. A homeowners’ association is a legal entity from the moment of its state registration. The homeowners association has a seal with its name, a current and other bank account, and other details.

6. The homeowners association is liable for its obligations with all the property belonging to it. The homeowners association is not liable for the obligations of the association members. Members of a homeowners association are not liable for the obligations of the association.

7. If the owners of premises in an apartment building choose a method of managing the apartment building by the homeowners’ association, within five working days from the date of the decision on state registration of the homeowners’ association by the body carrying out state registration of legal entities, the homeowners’ association shall submit information to the state housing supervision body on the choice of a method for managing an apartment building by a homeowners' association and notification of the start of activities to manage an apartment building in the manner established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.

(see text in the previous edition)

7.1. If a homeowners' association concludes an agreement for the management of an apartment building with the management organization of the homeowners' association, within five working days from the date of conclusion of the said agreement, information on the conclusion of the said agreement is submitted to the state housing supervision body in the manner established by the federal executive body exercising the functions of developing and implementation of state policy and legal regulation in the field of housing and communal services.

7.2. In the event of termination or termination of a management agreement for an apartment building concluded between a homeowners' association and a management organization, the homeowners' association, within five working days from the date of termination or termination of this agreement, shall submit to the state housing supervision body information on the conclusion of an apartment building management agreement with another manager organization or notification of the commencement of activities by a homeowners' association to manage an apartment building in the manner established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.

8. If the general meeting of owners of premises in an apartment building makes a decision to change the method of managing the apartment building by the homeowners’ association, within five working days from the date of this decision the homeowners’ association shall submit to the state housing supervision body information on the termination of management of the apartment building by the homeowners’ association in the manner established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of housing and communal services.

Citizens of our country are faced with the inaction of housing offices, lack of good service, and lack of repair work. That’s why they are being replaced by management companies or homeowners’ associations. But due to the fact that management companies are commercial organizations and, accordingly, are determined to obtain financial benefits.

Most residents prefer to create an alternative - a homeowners' association, an organization whose priority is the improvement of apartment buildings and the interests of homeowners. It is an official organization with its own responsibilities and powers, as well as official documentation.

What is a HOA

First of all, it must be said that HOA is an abbreviation that stands for homeowners' partnership. Most of the residents of apartment buildings are apartment owners. All apartment buildings must have organizations to manage building property. If neither the housing office nor the management company are satisfied with the residents, the apartment owners convene a general meeting at which they put to a vote the decision to create an association. And after the majority of positive results, an HOA is organized.

It can be created in one apartment building or between several residential buildings. Apartment owners who create an organization must write an application for acceptance, on the basis of which they will be included in its membership.

The majority of apartment owners consider this form of management of residential buildings to be the best option, which guarantees the assertion of the rights of apartment owners, in particular before utility services and government bodies, for example, on issues of carrying out repair work.

This is a governing body whose purpose is to preserve, maintain in proper shape, protect and improve common property. In addition, the partnership and its board are a lever of influence over utilities and contractors who carry out a number of tasks assigned to them. This is a non-profit organization and does not pursue commercial gain.

An association of real estate owners is created by individuals, but the organization is a legal entity. The partnership has its own current account, and the members of the board and the chairman must be registered with the ERGUL. An HOA, being a legal entity, must be registered with the fiscal service.

Purposes of creation

The goals of a joint association of homeowners in an apartment building are:

• shared leadership and direction;
• receiving income and distributing it to solve maintenance problems and;
• maintaining the house in good condition: both sanitary and technical.

The organization has the right to rent or lease part of the common property for the purpose. Receiving additional income, which will be used to solve certain problems of the partnership.

The homeowners' association coordinates activities aimed at managing the homes it owns as a non-profit organization. Therefore, it strives not to obtain maximum profit, but to distribute income for the needs of the partnership. But the association is not obliged to cover losses that may arise through additional contributions by homeowners.

Consolidation is a way to avoid the conditions imposed by the management company on the maintenance of the house. For example, choosing contractors and service providers on favorable terms for residents, rather than the management company. Utility companies and other companies, in turn, service the house on the basis of an agreement concluded with the HOA.

If members or simply residents of a building are dissatisfied with the actions of the association, they have every right to make complaints and put the issue to a vote. Thus, his main goal and function is to organize the proper management and management of the operation of the housing stock entrusted to him.

According to 136 articleHousing complex of the Russian Federation, in one apartment building, owners can create one HOA. The creation of a partnership is also possible between several closely located apartment buildings or those that have common land plots or infrastructure elements. A partnership can also be created at the stage of building a house ( Art. 139 LCD).

The decision on whether or not to join an HOA is made by the apartment owners; no one can force them to do so. It is not necessary that all residents of the house must be members of the partnership. The creation of a partnership is possible if 50% of the residents are present at the general meeting on the issue of its organization, and the same number of those present must vote positively.

Homeowners association functions

Often, before creating an association of real estate owners, its future members and other residents of the house have a question: what does the organization do, what functions are assigned to it. Rights and responsibilities are determined Article 135 of the Housing Code of the Russian Federation, and charter organizations. The main responsibilities of a homeowners association are:

• control the activities of companies that provide services to apartment owners: public utilities, enterprises and firms that provide household services, such as, and others;
• resolve issues regarding when and who carries out repairs;
• monitor compliance with the rules for the operation of the house and its maintenance;
• ensure the completion of work on the improvement of the house and local area according to the plan approved for the year;
• provide the required services to apartment owners and carry them out;
• ensure proper sanitary condition of common property (timely garbage removal, cleanliness of sites, in particular near garbage chutes, and so on);
• , children's playgrounds for residents of the house (the point must be specified in the charter);
• performing additional functions specified in the charter approved at the general meeting.

The HOA, as a representative of the interests of residents of apartment buildings, is obliged to defend the interests of the building and the rights of residents in particular before public utilities and government agencies. Most often, problems arise with repairs, both current and major. Members of the board and the chairman of the partnership in particular will have to deal more than once with the reluctance of utility companies to fulfill their obligations on time.

According to the law, being a legal entity, it has the right, on its own behalf, to enter into agreements with those providing utility services for the maintenance of an apartment building and others that home owners deem necessary. Another obligation of the association participants is to draw up and approve estimates for the subsequent period.

The responsibilities of HOA members include maintaining order in the house, cleanliness and safety of common property, in particular technical equipment, structures on the land plot adjacent to the apartment building, and so on. Thus, everything that an association of residential property owners does is aimed at improving or at least maintaining decent living conditions of a house or several apartment buildings under its management.

Procedure for reporting to residents

According to the law, the homeowners' association, namely the board members and its head, are required to regularly report to residents. Moreover, the regular reporting procedure is established by the charter. In addition, a report on the flow of funds, payments, expenses, income received or work done by the HOA must be provided upon the first request of the members of the association.

However, no piece of legislation has established a clear reporting format for either the board or the chairman. Based on this, the procedure for reporting to residents should be clearly stated in the charter of the partnership. Because it is the main document according to which members of the board and the head of the HOA must act.

Each of the residents who is a member of the partnership must familiarize themselves with the charter of the partnership. It describes the procedure for how, when and in what form it is obliged to report to apartment owners.

Charter

As already mentioned, the charter of the partnership is the main legal document regulating the rights, functions, and responsibilities of its members, board and chairman. It is filed as the founding document to register the partnership as a legal entity. At the first general meeting of the members of the partnership, the charter must be approved and signed by the chairman.

• approved by all apartment owners;
• must be numbered and signed by the chairman;
• Owner signatures are not required.

A copy of the certified articles of association must be certified by a notary. After which the HOA is registered on its basis with the federal tax service for further taxation of the association of homeowners.

The charter itself contains:

• addresses of buildings included in the HOA;
• place and date of compilation;
• the purpose for which the partnership was created;
• rights and obligations of its members.

If it is necessary to amend an existing charter, it is necessary to hold a general meeting and change the content of the document based on the minutes of the event.

Founders

Each of the residents of the house who supported the creation of the partnership is the founder of the HOA. But since there are many participants in the partnership and, accordingly, apartment owners, the application and documentation submitted for registration of the partnership indicate that the founders of the HOA are members of its board.

They act as the face of the partnership, its managing part, which, like the other members, is interested in the proper maintenance of the house and the proper quality of the services provided. If any of the members of the partnership wants to leave the founders of the HOA, he must write a corresponding application. In this case, the consent of the other residents is not required.

The founder can be any individual who lives in the house and is the owner of the living space in it. Mentioning the founders when registering an HOA as a legal entity is a formality. Members of the board and the chairman are registered with the ERGUL. If changes occur in the composition of the board, the fiscal service must be notified about this in order to make appropriate amendments.

Register of HOA members

The register of members of a homeowners' association must contain data that can be used to understand who exactly is the member of the HOA. Also, the information reflected in it will allow you, if necessary, to contact any of the participants in the partnership. The list of HOA members reflects information about the size of the share of common property belonging to each of them.

The standard register form contains the following information:

• name of the homeowners association;
• legal address of the HOA;
• TIN data;
• creation date;
• list of houses included in the partnership.

It must be signed by the chairman of the HOA indicating his contact phone number.

Responsibility

The operating rules, functions, powers and responsibilities of the owners' association are written down in housing law and regulated by the legislation of the Russian Federation. A board is elected from among the HOA participants, which includes several people. And also the head of the partnership is the chairman, who is responsible for the actions of the association.

So, the head of the HOA is responsible for the following actions:

• personnel selection;
• submission of reports to the tax office;
• maintaining and storing partnership records;
• conclusion of contracts.

Members of the HOA board are responsible for the implementation of agreements concluded with contractors and other services, including utilities, as well as to partners and residents of the house.

The liability of the partnership also includes the following obligations:

• use of areas that are in common shared ownership of all residents;
• maintaining and maintaining order in common areas;
• carrying out repair work;
• disposal of the common property of the partnership.

HOA members must ensure timely and high-quality supply of resources and utilities.

Decision making in a partnership

All decisions are made jointly based on the voting results of homeowners held at the general meeting. The creation of a HOA begins with such a meeting, at which 50% of the owners of apartments in a building or several apartment buildings must declare their desire to organize a partnership. The meeting can be held either in person or in absentia by written voting.

At such meetings, decisions are made on how to use free space, for example, they agree on the procedure, rights and other clauses of the charter, and resolve current issues, for example, on repairs. Also, it is the meeting of residents that decides the fate of the current chairman and the need to replace him.

To conduct voting at HOA meetings, it is necessary to inform the residents of the building in advance about its date, time and location. At the event, decisions can be made exclusively on those issues that, according to the legislation of the Russian Federation, are within the competence of the partnership. It is necessary to prepare an agenda in advance, which reflects all the items necessary for discussion and decision-making.

All decisions made at the meeting are entered into the document, which is maintained throughout the entire event and, at the end of it, is certified by the signature of the initiator or chairman. A majority vote is required to make any decision. Residents who were not present at the meeting must be notified within 10 days of the results of the meeting.

Pros and cons of HOAs

A homeowners' association gives apartment owners the right to decide for themselves what the rules for managing the house and common property are, who will become the utility provider, and so on. But the ability to make decisions independently can be both an advantage and a disadvantage.

Among the undeniable advantages of such a form of house management as an HOA, the following should be highlighted:

• management of common property in the house in order to obtain additional funds for improvement, maintenance and repair of apartment buildings and: rent, advertising;
• quick resolution of emerging issues at general meetings by voting;
• financial transparency: at any time, each of the residents and members of the association has the right to become familiar with the movement of money and the expenditure of funds;
• you need to pay only for truly necessary services, and not those that the management company imposes or contributes to the payment by default, therefore, this will significantly reduce utility bills;
• independent selection of contractors.

When creating an HOA, responsibility for the safety of common property falls on each resident, as well as for the results of the decisions they make regarding the arrangement and maintenance of a residential building. One of the important ones is the possibility of reducing the size of utility bills. A competent manager can significantly reduce rent by making a profit for the partnership, for example, by providing non-residential space for rent.

Homeowners' associations also have their disadvantages. In every association there is a group of activists, but no one can guarantee that these are literate and competent people. Excessive initiative and inability to understand the issue that has arisen and to conduct business properly.

The partnership has a rather small equity capital, with the help of which it is difficult to pay off the debts that have arisen. And this can become a significant problem for the HOA, when it will have to urgently pay the contractors. In addition, performing some one-time work for an association may be more expensive than for the same management company, because many companies have minimal interest in single orders.

The homeowners' association "Birzhevoy" almost paid for its own name: the Federal Service for Financial Markets fined the organization for the unlawful use of the word "exchange". The homeowners managed to challenge the relevant order in court.

A curious situation happened to the HOA, which was created in 2005 by the owners of apartments in a building on Birzhevoy Lane, 1/10. The name chosen for the partnership was quite appropriate - “Birzhevoy”. But at the beginning of this year, the Regional Branch of the Federal Service for Financial Markets in the Northwestern Federal District (FFMS) became interested in the organization. The department decided that the partnership violates the law “On Commodity Exchanges and Exchange Trading.”

Non-market relations

The partnership was fined 45 thousand rubles in accordance with the Code of Administrative Offences, which implies liability for the illegal use of the word “exchange”. In addition, the law states that organizations not engaged in exchange activities do not have the right to use the corresponding words in their names. The members of the partnership did not intend to trade shares or oil - such activities were not listed in the HOA charter.

Therefore, the management of the partnership decided to challenge the fine issued and filed a corresponding claim in the arbitration court. The HOA lawyers said that although there was a violation on the part, its significance was small. This means that the HOA shouldn’t be fined. The court agreed with these arguments - as stated in the reasoning part of the decision, in this case the FFMS could limit itself to only a remark.

The court decided that the partnership did not carry out illegal exchange trading and, moreover, did not cause any harm to the state with its name.

In addition, after the Federal Financial Markets Service fined the partnership, its board decided to change the name to “Makarova, 10” (the facade of the house faces Makarova embankment). As a result, the fine was canceled.

Dangerous names

The conflict between the Makarova 10 HOA and the Federal Financial Markets Service is the first time that an owner’s association has been fined for an illegal name. It is possible that the FFMS will be interested in other partnerships whose names use “forbidden” words.

Experts advise that organizations should be more careful when choosing their name. “Holding companies accountable for using prohibited or restricted words in their names is very significant from the point of view of protecting consumer rights or limiting unfair competition. Although such disputes do not occur often in judicial practice. However, such disputes are most often considered not in favor of the violators,” comments Kirill Saskov, head of the corporate and arbitration practice of Kachkin and Partners.

“Situations like the described case with the Birzhevoy HOA are extremely rare, since the law establishes certain prohibitions and conditions for the use of organization names. Although previously organizations were often fined for using the words “Russia” and “Russian Federation” in their names,” said Lyubov Nikolaeva, legal consultant of the North-West Legal Center.

According to Maria Kozlova, commercial lawyer at Rightmark group, the use of certain names and symbols is permitted by law subject to certain conditions.

“So, for the right to use the names “Russia”, “Russian Federation” and words and phrases formed on their basis in the names of legal entities, a state duty is paid. The use of Olympic symbols is permitted only subject to the conclusion of an appropriate agreement with the International Olympic Committee or authorized organizations,” explains Maria Kozlova.

In some cases, the use of certain names is expressly prohibited.

“The Law “On Commodity Exchanges and Exchange Trading” prohibits the use of the words “exchange” or “commodity exchange” in the names of organizations that do not comply with the provisions of this document. A similar requirement is spelled out in the law “On Chambers of Commerce and Industry in the Russian Federation,” she summarized.

However, in some cases the court may evaluate the presence or absence of several semantic meanings of a word. “In one of the cases, the refusal to register the electoral bloc “PUTIN Bloc” was challenged. The organization was not registered because its name used the surname of the Russian Prime Minister. However, lawyers for the “PUTIN Bloc” stated that in Russian language dictionaries the word “Putina” has different meanings. However, the court pointed out that in dictionaries this word is indicated with an emphasis on the letter “i”, and in the name of the electoral bloc the word “PUTINA” is used without emphasis. What misleads citizens about the electoral bloc’s affiliation with Vladimir Putin,” said Maria Kozlova.

It is prohibited to use the following words and phrases in the names of companies and organizations:

– “Russia”, “Russian Federation”, “federal”, words and phrases formed on their basis without paying state duty

– Official names of foreign countries, as well as derivatives from them

– The names of cities, as well as administrative regions, can be used only with the permission of a special commission.

– “Exchange” or “Commodity Exchange” - to organizations that do not meet the requirements of the law “On Commodity Exchanges and Exchange Trading”, as well as their branches and other separate divisions

– “Chamber of Commerce and Industry” and phrases derived from it – to organizations that do not comply with the provisions of the law “On Chambers of Commerce and Industry in the Russian Federation”

– Foreign abbreviations

Our country. This organization carries out non-profit activities, and the main feature is the association of owners of premises in the house for the collective management of property, maintaining it in proper condition, as well as providing for the basic needs of residents.

Citizens of our country are accustomed to the term HOA being applied to apartment buildings. But today, cottage communities are becoming widely popular, springing up in the suburbs like mushrooms after rain.

In order to maintain the status of prestigious housing, cottage owners must take care not only of their own home and territory, but also of the territory of the village, ensuring its cleanliness, serviceability and functionality.

Often residents invite the appropriate company to carry out management. But such cooperation has many disadvantages. Management companies significantly increase the cost of housing and communal services tariffs, do not fulfill the requirements of residents in a timely manner and are not always interested in maintaining the territory in proper condition. That's why, When living in a cottage community, it is advisable for citizens to unite in partnerships.

With this form of association, home owners can experience many benefits. The funds paid by each house are accumulated in the partnership account, and their spending is controlled directly by the residents themselves. At general meetings, residents decide by voting what work needs to be done first and what to spend a significant amount on.

An HOA in a cottage community is an association (system) of several cottage houses together with plots, outbuildings, other buildings, or without them. The condition for creation becomes, which, as one of the justifications, indicates the proximity of the houses to each other.

For non-residential premises

Along with residential services, An HOA can also serve non-residential premises. However, for this, the organization must have concluded an appropriate agreement with the owner of the property.

Most often, when it comes to real estate, one can imagine common premises that are located in an apartment building. They may be in the common shared ownership of all residents, or they may belong to one specific owner.

By acting as a mediator between the two parties, the homeowners association tries to smooth out rough edges. Some owners refuse to pay utility bills. Therefore, debt is created. HOA employees influence the owners, while simultaneously continuing to maintain relationships with the resource supply organization.

Attitude to housing department

There are a lot of organizational and legal forms, organizations that are responsible for managing apartment buildings. One of these forms is the housing department. What do you need to know about her?

1. Stands for housing and maintenance department.
2. It is a structural unit and reports to the management company.
3. Serves as an intermediary between the management organization and residents.
4. Performs work to maintain the apartment building in proper condition.

Kind, Housing department is a contracting organization that performs one-time work under contracts. Mainly specializes in managing apartment buildings. Thus, the HOA acts as the tenant of the housing department.

Territorial division

A homeowners' association can manage only one apartment building. But more and more often you can find an HOA that manages the entire complex. However, successful companies do not stop there and take more and more new houses under their wing, spreading the territory of their influence.

When the management of a partnership has a vast territory, it is logical to subdivide it into structural divisions, that is, territorial ones.

Each territorial division may include one specific apartment building or a whole complex of houses.

This distinction is convenient in situations where there are general house meetings., and it is necessary to clearly distinguish which particular object we are talking about.

The distinction is also applicable in the media, when advertisements are printed only for certain owners of residential premises inhabiting a specific building.

Now you know what a territorial division of homeowners' associations is.

Organs

An HOA is not a chaotic organization, but a clearly structured one, which appears in the form of an association of owners. It is governed in accordance with Article 144 of the Housing Code - this is the board and the general meeting.

Article 144 of the RF Housing Code. Homeowners association governing bodies

The governing bodies of the homeowners' association are the general meeting of the members of the association and the board of the association.

Each of the listed management bodies has its own functions and powers. regulates that the activities of the organization are completely managed by none other than the board. It consists of active members of homeowners. It is these people who make decisions related to the activities of the partnership.

Members of the board are elected by voting at the general meeting. However, the board is still accountable to the general meeting, which means it must not only report on its activities, but also fulfill the requirements adopted by a majority vote. This is indicated by -147 LCD. regulates all the rights and obligations of such a body.

A chairman is elected from among the board members. This person represents the interests of the partnership in the courts, has the right to sign documents, including financial ones, and also carries out control activities.

The chairman can introduce an initiative at a meeting of owners and the board.

The meeting is the authority in the partnership, which makes all other decisions by voting. Consists of all property owners in the building. Requires full accountability. The decision made at the meeting is binding. The meeting decides such important issues as the formation of board members, as well as the election of a new chairman and the removal of the previous one.

Merging one organization with another

Pursuing one common goal, two HOAs can agree to merge, joining one HOA to another. Such a reorganization can only occur if the owners have made a positive decision. Is such action possible at the legislative level?

The legislation describes the HOA as a non-profit organization. It means that The HOA does not pursue the goal of enriching itself through its activities.

Article 142 of the Housing Code allows the merger of partnerships. This means that by uniting, two organizations can achieve new successes and heights, helping each other in the management process.

From this we can conclude that non-profit organizations can unite on a voluntary basis, without the need to obtain permission or go through any complicated procedure.

Article 142 of the Housing Code of the Russian Federation. Association of homeowners associations

To represent and protect common interests in the management of apartment buildings, two or more homeowners' associations, by agreement among themselves, can create an association (union) of homeowners' associations.

Management of such an association is carried out in accordance with the requirements of the “legislation” of the Russian Federation on non-profit organizations.

Who is a representative?

A HOA representative is a person who represents the interests of the partnership outside its office and meeting of homeowners, but in courts or an administrative authority. This person must be empowered to represent the interests of the partnership, defend them, and also, all owners must trust him.

As a rule, one of the board members can become a representative. Also, this could be the manager of the HOA. Such a position is also provided for by the legislation of the Russian Federation.

Database

The Russian Federation maintains a unified register (database) that lists all homeowners' associations registered in the country. Data for the register is provided by local governments that participate in the registration procedure. You can get acquainted with such a database by going to the website “Housing and Communal Services Reform”.

In order to find the necessary information, the site user needs to enter the city of his residence, district, street and house number. Based on the specified parameters, an HOA option will be offered. However, if the registration procedure was completed very recently, or the partnership does not have official registration, which means that it will not be reflected in the database.

Such the database may be useful to owners who have just purchased property in an apartment building, or persons who are looking for where to resolve issues related to the provision of housing and communal services.

Questions and suggestions

Since all homeowners in apartment buildings are full participants in the HOA meeting, this means that they have their right to questions and suggestions from the organization. Every owner is interested in the management organization working better and more efficiently. And perhaps some have ideas that will help improve work efficiency.

You can make your proposals at the meeting. To do this, you should propose a vote on the proposed initiative, or simply voice it in front of the rest of the audience.

If you want to bring your initiative directly to the board members, you can write a corresponding appeal using the form available in the HOA.

You can also voice your questions in writing and take the appeal in printed form to the HOA office.

trees should not grow closer than 5 m from the building. If a tree is in the way of the tenant, blocks the general view, or simply causes inconvenience in some other way, it is necessary to take measurements.

If it is located closer than 5 m from the building, then the tree is subject to cutting down at the request of the resident. If the tree is located further away, then it is necessary to consider this issue in detail, based on the essence of the problem. Write a complaint indicating the problem and deliver it to the HOA office.

If after 10 days the office has not responded to the request, the owner must send a claim and write an application to Rospotrebnadzor. However, Under no circumstances should you engage in unauthorized cutting down of trees. This entails a penalty of 3 thousand to 1 million rubles. Illegal cutting of trees falls under the Criminal Code, Article 260 and carries serious penalties.

Now you know whether it is possible to cut down a tree at the request of a tenant.

Conclusions of the article

It is necessary that residents understand the importance of interaction between HOA employees and owners. If the relationship is trusting, and most importantly, within the framework of the relationship permitted by the contract, then housework will be effective, and most importantly, effective.