About Homeowners ' Associations

Original Language Title: О товариществах собственников жилья

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Spconsumed by Federal Law dated June 29, 2004. N 189-FZ RUSSIAN FEDERATION FEDERAL LAW On partnerships of homeowners ' associations Adopted by the State Duma on 24 May 1996 June 1996 (In the wording of the federal laws of 30.12.2001) N 196-FZ; dated 21.03.2002. N 31-FZ CHAPTER I. GENERAL PROVISIONS Article 1. The main concepts of the association of homeowners are non-profit organization, form of association of homeowners for the joint management and maintenance of a complex of immovable property in condominium, possession, use and in The law limits the management of common property. The owner-owner of the premises in the complex of immovable property-condominium, he is a member of the equity ownership of the common property. Accommodation is a unit of real estate (part of a residential building, other related to a residential building), provided in kind intended for self-use, for residential, non-residential or other purposes, The property is owned by citizens or legal entities, as well as by the Russian Federation, the constituent entities of the Russian Federation and municipal entities. Common property-parts of the property complex for maintenance, use and access to premises, closely related to them, and the following of their fate; are in the common ownership property of the owners Premises (landlords). Condominium-a single set of immovable property that includes a plot of land at a fixed boundary and a residential building on it, other real estate objects, in which separate parts for residential or other purposes (premises) are owned by citizens, legal entities, the Russian Federation, constituent entities of the Russian Federation, municipal entities (homeowners)-private, state, municipal and other forms of ownership, and the rest (The total assets) are in their shared ownership. The share of the homeowner's share in the right of common ownership of common property determines its share in the total amount of obligatory payments for maintenance and repair of common property, in other common costs, as well as in In general, the share of votes in the general assembly of homeowners and members of homeowners ' associations. The developer is any natural or legal person, including state executive and local government bodies, or a group of persons acting together who acquire, build or reconstruct real estate with The aim is to create a condominium and to transfer ownership of property to various homeowners. Article 2. Relationships governed by the law of condominiums and homeowners 'associations legislation on condominiums and homeowners' associations lays down: relations Condominium ownership; rules for the education, operation, increment, disposition and transfer of rights to immovable property in a condominium; requirements for State registration of immovable property that is Ownership relationship in a condominium; The management of real estate in the condominium, the establishment, operation and elimination of homeowners ' associations. (In the wording of Federal Law 21.03.2002) N 31-FZ) Article 3. Legislation and other legal acts of condominiums and homeowners ' associations 1. The legislation on condominiums and homeowners ' associations is a civil law and includes this Federal Act, the Civil Code of the Russian Federation and other legislative acts of the Russian Federation, governing civil legal relations. The housing legal relations contained in the legislation are also governed by other legislative acts of the Russian Federation and the legislative acts of the constituent entities of the Russian Federation. 2. The relations referred to in article 2 of this Federal Act may be regulated by presidential decrees and by decisions of the Government of the Russian Federation in accordance with federal laws. Article 4. Scope of this Federal Law 1. This Federal Act applies to property in condominiums, which are owned by at least two homeowners, to newly created condominiums in the construction and reconstruction process, as well as to All partnerships, homeowners ' associations, housing cooperatives, housing cooperatives with a fully paid contribution of at least one member, other associations of homeowners in the housing sector created for the purpose of multi-family housing, apartments and common premises The property of a dwelling house. 2. The provisions of this Federal Act apply to the regulation of the relevant relations arising in the territory of the Russian Federation, involving Russian and foreign natural and legal persons, stateless persons, if not otherwise. established by international treaties. Chapter II. OWNERSHIP RELATIONS IN THE CONDOMINIUM. RIGHTS AND OBLIGATIONS OF THE DOMINICITY Article 5. Objects in a condominium 1. A condominium may include the following facilities: one building, or part of a building, or several buildings in which the premises belong to different (at least two) landlords, with an adjacent plot of land borders, pedestrian and transport roads, basins, water bodies, perennial plants and other similar facilities; several compact buildings or structures, single family, garden or dacha houses with by or without access to garages, garages and other Land and infrastructure. 2. A condominium may consist of a separate part of the building with a size of at least one unit-a section which has a separate entrance and interapartment staircase, which is separate from other parts of the building. A separate part of the building may be allocated to a separate condominium, provided that the superstructure, reconstruction, adjustment or the demolition of that unit do not violate the integrity of the other parts of the building outside the condominium. Article 6. Ownership of premises in a condominium 1. The owner of the premises in a condominium (the landlord) may be any natural or legal person, the Russian Federation, the constituent entity of the Russian Federation and a municipal entity. A condominium condominium may belong to several owners of the common property as one home owner, and one landlord may own several premises in a condominium. 2. Homeowners own, use and dispose of premises in condominiums located in private, state, municipal or other forms of property, in accordance with general civil law. Article 7. Common property in condominiums Common property in a condominium is the service of more than one homeowner, stairs, stairs, elevators, elevator and other mines, corridors, roofs, technical floors and cellars, insulating and non-structural equipment, as well as mechanical, electrical, plumbing and other equipment that is outside or inside the premises and which serves more than one room, adjacent lands in the installed the boundaries with the elements of landscaping and landscaping, and other facilities, intended for the maintenance of a single complex of condominium real estate and employees for its use. Article 8. Ownership of the common property in the condominium 1. Common property in a condominium is shared by homeowners. 2. Homeowners own, use and dispose of common property in a condominium within the limits established by this Federal Act. 3. Common property in a condominium is not subject to alienation from homeowners ' ownership to condominiums. 4. Under the agreement of the homeowners (achieved in accordance with article 22 of this Federal Act, the procedure for the decision of a general assembly of landlords or other legal means) may be transferred to The use of a person or persons in the event that it is not related to the violation of the rights and interests of homeowners protected by law. 5. The land and other common property in a condominium may be burdened by the right of restricted use (of easements) by other persons. It is not permitted to prohibit the establishment of easements, if necessary, to ensure that other persons have access to the facilities existing prior to the adoption of this Federal Act. The new easements are established by agreement between the person demanding the easements and the homeowners. In the event of failure to reach an agreement on the establishment or conditions of the easements, the dispute is settled by the court. Article 9. Definition of shares in the right of common property for general property in a condominium 1. The share of each homeowner in the general ownership of the common property in a condominium (participation rate) is proportional to the share of the condominium share of the condominium, measured in square metres, if the general meeting of homeowners ' assemblies, adopted in accordance with article 22 of the present Federal Law by a procedure or other legal agreement of the parties to the ownership of common property (hereinafter referred to as the homeowners agreement) is not otherwise established. The share of the homeowner-the owner of the room (s) in a communal apartment is determined on the basis of the total area of the apartment in the apartment, which is established in proportion to the property of the dwelling, or otherwise Uniform provisions established by the agreement of homeowners. The percentage of homeowners ' agreement can vary for different groups of homeowners depending on the type of condominium owned by them. 2. The ownership of each landlord's ownership of the common property in a condominium is followed by the ownership of the condominium ownership of the landlord. 3. The share of the new landlord's ownership of the common property in the common property is equal to that of the previous landlord. Article 10. Establishment of land boundaries in condominium 1. Land boundaries in the existing builtup of condominiums are defined by existing landowners. 2. The size of land plots for newly constructed facilities in a condominium are determined in accordance with the requirements of urban regulations based on minimum fire and sanitary breaks between buildings Access to all parts of the property in accordance with the procedure established by the Government of the Russian Federation. 3. The procedure established in accordance with paragraph 2 of this article shall be based on the recalculation and adjustment of the size of the total builtup area of the total land plot for each period of the construction of the land plot The ownership of each of the homeowners in the condominium. 4. The size of the land share of each homeowner in a condominium shall be established by multiplying the area by a specific proportion of the plot of land for the buildings of different stages, in accordance with the procedure set out in paragraph 2 of this article. Article 11. Transfer to property of land in the condominium in existing building 1. In the existing development, the land on which residential buildings and other real estate objects belonging to the condominium are located are transferred as common property to the common ownership of homeowners in regulatory dimensions free. 2. A superstandard territory, in the case of its location within the boundaries of a residential or condominium court, may be acquired or leased as an independent condominium on an equal footing with landlords, or Partnership. In the event of a refusal by homeowners or partnerships from acquisition or lease of the superstandard territories, they remain in state or municipal ownership and are used in accordance with the applicable law. Legislation. 3. Bodies authorized to establish boundaries and size of land in condominiums are required to establish, within a period not later than two months after the contact of homeowners, in accordance with the procedure set out in article 10, paragraph 2, of this Federal Act. the law, the borders and the size of the land in the condominium. 4. The transfer of the piece of land to the property free of charge and the sale or lease of the supernormative part of the plot of land is carried out by the State executive authorities or local authorities in accordance with the law. Article 12. Changes in the boundaries of real estate in condominium 1. The landlord in the acquisition of an adjacent area or other immovable property may remove or transfer any separation walls or make them within the walls of the aperture (including cases where these partitions or walls in whole or in part are common property in a condominium), if such actions do not weaken the carrying capacity of the building, do not violate the system of functioning of engineering communications, mechanical and other equipment of the building. 2. The boundaries between adjacent spaces may be moved or existing premises may be divided into two or more rooms without the consent of other homeowners, if such reforations or sections do not change the boundaries Other premises or shares of other homeowners. 3. The boundaries between adjacent spaces may be moved or the existing room may be divided into two or more rooms, provided that any newly formed premises have separate entrances, and the accommodation is a bathroom and a kitchen, and if not contravenes the provisions of this Federal Act and, in the case of the existence of a partnership, its statute, and only after an appropriate amendment to a passport has been made on the basis of an application to be made The homeowners of these premises. If there is a partnership, the application shall be made to the Partnership. 4. The entity shall prepare and record the necessary amendments to the passport of home, reflecting the division or moving of boundaries between adjacent spaces, their size and serial numbers, and changes in the ownership of such premises. All these activities are carried out at the expense of landlords who have applied for a change of boundaries or a division of premises. 5. The landlord is entitled to carry out these activities only with the appropriate authorization of the architecture and town planning authorities. Article 13. Protection of the rights of buyers of premises in a condominium 1. The seller, while preparing a proposal for the sale of a condominium, other than the usual technical specifications given to the buyer for the sale of the premises, is required to provide documents with the following information: 1) in the absence of The partnerships report: data on whether or not there is no debt for maintenance of premises and common property; premises security information; common property insurance information in condominium; 2) if there is a partnership in addition to the information, The following are reported in paragraph 1 of this article: data of the operating budget and the financial statement of the partnership; details of any known capital costs that the partnership is going to produce during for the next two years, and details of any fees and savings that may arise from these costs. In addition, in addition to this information, the charter of the partnership defining the rights and obligations of the future landlord is presented. 2. The seller is responsible for the loss suffered by the buyer as a result of the failure to provide the said information or the distortions or inaccuracies contained in the official proposal for the sale of the premises in accordance with the regulations in force. Legislation. Article 14. State registration of condominium. Home Ownership ID 1. The condominium as a single set of immovable property, as well as the rights to immovable property in a condominium and transactions with it, is subject to state registration under the applicable law with the granting of a passport for home ownership. 2. Passports of homeownership are established by territorial or local office of technical inventory on the basis of outline measures and information of the bodies of architecture and town planning, land use and land resources, and management bodies State property and is kept (depending on the form of condominium management) by landlords, customer services or partnerships. 3. The Passport of Households contains the necessary information about real estate in a condominium, including: notation that the homeownership is a condominium registered in a single state registry; details of the data bank of the authority conducting state registration and accounting of property and property rights on it, which holds a copy of the passport of the home; if there is a State land cadastre- State housing cadastral number; postal address: Households; topographic description and situation plan of the house of the house; plans of floors of buildings and structures with fixation of name, number of each separate part of household and its area, height of floors; information about materials and other characteristics of the carrying and protecting structures; historical reference-year of construction and reconstruction, design and construction organizations, past and present condominium owners; details of the condominium inventory value. 4. According to the decision of local authorities, the renewal and copying of the passport of home can be carried out at the expense of the local budget. Article 15. The burden of a homeowner in a condominium for maintenance and repair of premises 1. A landlord in a condominium is obliged to ensure the proper maintenance and repair of the premises in his property. 2. The landlord is obliged to ensure the use, maintenance and repair, alteration and improvement of premises or parts thereof, without damage to property and other protected by law, in accordance with established regulatory and technical requirements the rights and interests of other landlords. 3. When a homeowner himself or persons living with him or her or any other person occupying the premises under a lease contract or under any other right granted by the landlord, The property of other landlords or common property is the responsibility of the landlord to correct the damage. The arrangements for reimbursement of the landlord's costs to repair the property of other landlords or common property caused by the tenant or lessee are determined by the contract of employment or lease, respectively, with the owner premises, other legal grounds. Article 16. The burden of homeowners in condominium content and the repair of common property in a condominium 1. Homeowners in a condominium shall bear the burden of maintenance and repair of common property in accordance with the procedure established by this Federal Law. 2. The failure of the landlord to use the premises or the use of common property is not a reason for the landlord's release, in whole or in part, in the total cost of maintenance and repair of the common property in the condominium. Article 17. Mandatory payments of homeowners in condominiums 1. In a condominium, the maintenance and repair of premises in the private, municipal, state or other form of ownership shall be carried out at the expense of homeowners of owners of the property in accordance with the applicable law. 2. Homeowners (natural and legal persons) in a condominium pay a tax on immovable property, while using their own premises for profit-and other statutory taxes. 3. Homeowners in condominiums pay for maintenance and repair of common property in accordance with the legislation in force. 4. Homeowners pay for water, heat, gas, electricity, hot water, sewerage and other services provided to them in accordance with the legislation in force. 5. Homeowners are responsible for the timely payment of tenants or tenants of their premises. The general collection of homeowners ' associations may include the possibility of making separate payments by employers or tenants in accordance with the contract of employment or lease (payment for maintenance and repair of common property, part of payments for utilities) directly to the partnership. Article 18. The size of mandatory homeowners ' payments in condominiums for maintenance and repair of a common property property 1. The total amount of the mandatory maintenance and repair of the common property shall be established on the basis of the uniform rules and regulations adopted by the local authorities and shall provide for the reimbursement of the costs of maintenance, current and Preventive maintenance, as well as reimbursement of costs for major repairs to the common property. 2. The amount of mandatory payments by each homeowner for the maintenance and repair of the common property is proportional to its share in the right to common ownership of the common property in a condominium (participation rate). Article 19. Provision of subsidies, compensation and subsidies in condominiums The social protection of homeowners, tenants and tenants of residential premises in a condominium is carried out in accordance with the procedure established by the legal acts of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Operating, current and capital costs Repair, separate utility services, compensation for the provision of housing and utility benefits for certain categories of citizens, as well as other subsidies provided for; compensation (subsidy) for payment Housing and public services for selected categories of homeowners, tenants and tenants; providing grants for the construction and acquisition of housing for citizens in need of improved housing conditions condominium. Chapter III. OFFICE OF THE CONDOMINIUM AND ITS MAINTENANCE Article 20. Condominium Control 1. In order to ensure operation of apartment building, use of apartments and general property of a dwelling house owners are entitled to choose the method of real estate management. 2. The control of the condominium can be done by: direct management of homeowners with small condominiums and a limited number of homeowners; devolution of control to homeowners a condominium authorized by the State or local authorities of the customer service for housing and communal services; homeowners 'homeowners' formation to manage a condominium, or for the subsequent submission of a part or all of the functions of Administration of an authorized individual-an individual entrepreneor, or an authorized organization of any form of property (manager), or in another manner, established by federal laws and laws of the constituent entities of the Russian Federation. 3. The management of a condominium can be changed at any time by a decision of the homeowners. 4. The non-election of landlords for six months of the management of a condominium, in which more than 50 per cent of the premises is privately owned, shall be liable to a fine on homeowners, citizens and organizations, as well as on Officials authorized to represent the interests of the owner in a condominium. The amount of the fine shall be determined by the State authorities of the constituent entities of the Russian Federation and the local authorities. (The third paragraph of the paragraph is no more effective-Federal Law of 30 December 2001. N 196-FZ) Article 21. Condominium Management Organization 1. The condominium management of homeowners is directly permitted in cases where a condominium includes no more than four premises owned by two, three or four different homeowners. 2. In other cases, homeowners (not less than two) have the right to choose one of the ways in which the immovable property listed in article 20 of this Federal Law is to be administered. 3. The choice of condominium management is to be chosen at the general homeowners ' meeting. The general meeting of homeowners can be collected on the initiative of any number of homeowners, developers, enterprises, institutions, organizations, in the economic management or operational management of which are located the property, bodies of local self-government or another stakeholder. 4. In the event of a decision by the homeowners to transfer the control of the condominium to the authority of the State or local government, the customer service for the housing and communal services shall be transferred under a contract concluded in mandatory according to civil law. 5. The organization and scope of the customer service for housing and communal services shall be determined by the relevant State or local authorities acting on behalf of the owner of the housing stock, the Russian Federation, of the Russian Federation 6. In the newly created condominiums, homeowners ' associations are formed in accordance with chapter VI of this Federal Act. Article 22. Organization of a general collection of homeowners 1. Notice of a general meeting of homeowners shall be sent by the person on whose initiative the general assembly is convened, in writing and handed to each owner under receipt or by mail (registered mail). The notification shall be sent not later than 10 days prior to the date of the general meeting. 2. The notification of the general meeting points out: by whose initiative the general meeting is convened, the place and time of the meeting, the meeting agenda. The general assembly is not entitled to take up matters that have not been declared on the agenda. 3. Each landlord in the general assembly shall have votes in proportion to the proportion of his/her participation set in accordance with the provisions of article 9 of this Federal Law. Where more than 30 per cent of the premises in a condominium are located in the State and/or municipal property, the owner of the premises or a competent authority may decide to transfer between The remaining homeowners are in proportion to the proportion of their votes in the general assembly (over 30 per cent of the vote). 4. A general meeting of homeowners is entitled, if there are landlords or their representatives with more than 50 per cent of the votes of the landlords. If there is no quorum, the initiator assigns a new date, place, and time to the general meeting. The newly appointed general meeting may be convened for a period not earlier than 48 hours and not later than 30 days from the date of the previous general meeting. 5. The general meeting of homeowners shall be chaired by the President of the Assembly, who shall be elected by a majority of the landlords present or their representatives present. The secretary of the meeting is elected to the meeting minutes. The first meeting of homeowners is the initiator of the meeting. 6. At the general meeting on the choice of the method of condominium management, a decision is made either to transfer the immovable property to the management of the authorized state or local government of the customer service for housing and communal services, or both Education of homeowners ' associations and approval of its statutes. 7. The decision shall be taken by a majority of the landlords or their representatives present at the general assembly, and shall be issued with a protocol. 8. The decision of the general assembly, adopted in accordance with the procedure set out above, is binding on all homeowners, including those who, for whatever reason, have not taken part in the vote. Article 23. Maintenance and operation of the real estate property in a condominium 1. In order to achieve the objectives of safeguarding real estate in condominiums, security and comfort, the maintenance and operation of real estate in a condominium must be carried out by physical or Legal entities licensed to carry out maintenance or construction activities if the law requires such a licence. 2. Natural and legal persons carrying out maintenance or construction activities carry out maintenance and repair of real estate, provision of public services, construction of additional facilities in a condominium under contracts with persons who manage a condominium (homeowners, authorized State or local self-government bodies) by the services of the employer, associations of homeowners or persons authorized by them to the managers, whether natural persons or organizations). 3. Maintenance services for condominiums or minor construction works can be carried out directly by homeowners or homeowners ' associations. The homeowners ' commodity must have the appropriate special permit (licence) for the activities in question, if the activities are listed in the list of licensed persons. CHAPTER IV. ORGANIZATION OF PROPERTY PROPERTY Article 24. Homeowners ' associations Homeowners, in order to harmonize the manner in which they exercise their ownership, use and within the legal limits of disposition of common property in a condominium, and to implement Maintenance, conservation and augmenting of property in a condominium, distribution of responsibilities among homeowners to recover costs, to ensure the proper sanitary and technical condition of the common property may form partnerships of homeowners (hereinafter referred to as the text -partnerships). Article 25. Legal status of the partnership 1. The association of homeowners is the owners of premises in both existing and newly created condominiums established under articles 20 to 22 of this Federal Law and for the purposes specified in article 24 of this Federal Law. 2. The association is a non-profit organization established and operating in accordance with this Federal Law, other legislative acts of the Russian Federation, and in relation to housing relations as well as legislative acts of the subjects OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Charter of the Partnership is adopted at the general meeting of homeowners by a majority of the homeowners present at the general meeting of landlords or their representatives. 3. In accordance with article 4, paragraph 1, of this Federal Act, the number of members of a partnership may not be less than two homeowners, except as provided for in chapter VI of this Federal Act. 4. A condominium association shall be established without limitation of the duration of the activity, unless otherwise stipulated by the association's association. 5. The commodity is a legal entity from the moment of its state registration. The company has a stamp with its name, account and other accounts in the bank, other details. 6. The comrade is in charge of all property belonging to him. The commodity does not meet the obligations of its members. Article 26. Company partnership The Company is considered to be organized from the moment of its state registration in accordance with the procedure defined by the law on the registration of legal entities. (In the wording of Federal Law 21.03.2002) N 31-FZ) Article 27. (Deleted-Federal Law of 21/03/2002 N 31-FZ) Article 28. (Deleted-Federal Law of 21/03/2002 N 31-FZ) Chapter V. ACTIVITIES OF THE ONLY Article 29. Company law 1. The Company has the right: to enter into contracts for the management and/or maintenance and operation of common property, including premises owned by the partnership, with any natural person or organization of any form Property in accordance with the law; to organize its own housekeeping for the maintenance of immovable property in a condominium, enjoying the rights of the housing and communal organization and the settlement account of the partnership; define the partnership budget for the year, including required expenses for the maintenance and repair of common property, the cost of major repairs and reconstruction, special contributions and contributions to the contingency fund, as well as the other expenses established by this Federal Act and the Statute of the Partnership; Install, on the basis of the adopted annual budget, the amount of payments, fees and contributions for each homeowner in accordance with its share of participation; to work and provide services to members of the partnership; to use banks ' loans in the order and conditions provided for Legislation; to own premises in a condominium; to transfer material and money to persons acting for the work and services of the company; sell and transfer to businesses and not-for-profit organizations, citizens, swap, lease, transfer equipment, inventory and other tangible assets, and decommissioned them from the balance of the partnership fund they are worn out or morally obsolete. 2. In cases where this is not related to a violation of the rights and interests of homeowners protected by law, the partnership may: grant use or restricted use (easements) of common property to any person or persons; , in accordance with the town planning regulations and rules, to adjust, rebuild, or otherwise destroy, the common property or premises owned by the partnership; open-ended, or acquired or acquired Land for housing construction, construction of economic and other buildings and their further exploitation; to implement development regulations and rules in accordance with urban regulations and regulations land; to take other actions and to enter into transactions that meet the aims and objectives of the partnership. Article 30. The rights of the partnership to secure the performance of the homeowners of their duties 1. In the event of failure of the homeowners to take part in the general expenses, the Company is entitled to bring a claim against the homeowner for non-payment of mandatory payments and payment of other general expenses and contributions civil law. 2. The comrade may claim full compensation for the loss resulting from the failure of the homeowner to pay the mandatory payments and other common expenses and contributions in accordance with the civil law, The number of judges. Article 31. The Duty of Partnership The Company has the obligation: to ensure that the requirements of this Federal Law, other legislative and legal acts, as well as the charter of the partnership are fulfilled; under existing legislation, contractual obligations; to ensure that all members of the partnership place their burden on the maintenance and repair of immovable property in a condominium; Sanitary and technical condition of the common property in a condominium; To ensure that the interests of all members of the partnership are observed in establishing the conditions and manner of ownership, use and disposition of common property, the distribution of costs between homeowners for the maintenance and repair of common property in the condominium; suppress the actions of third parties that prevent or hinder the exercise of tenure rights, use and within the established limits of the disposition of common property by the landlords; the law, the charter of the partnership, to represent the interests of the members Partnerships in housing relations, property relations and other relations with third parties. Article 32. Company membership 1. Homeowners are homeowners-owners of premises in a condominium. 2. According to the decision of the owners of state and municipal property, the members of the partnership may be legal entities-state and/or municipal organizations, which are owned by the premises in a condominium or The right to operational control. 3. Homeowners arise from homeowners from the moment of registration of the partnership in the prescribed manner. 4. After the association, all persons who purchase premises in a condominium will become members of the partnership immediately after they have the right to own the premises. 5. The interests of the minor members of the association are represented by their parents, guardians or custodians in accordance with the procedure established by law. 6. Since the termination of the property of a member of the partnership on the premises in the condominium with the death of a citizen, with the liquidation of a legal person, disposition of property or on other grounds, membership of a partnership is terminated. 7. In the reorganization of a legal person-member of a partnership or the death of a member of the partnership, the successors (heirs) belong to the partnership from the moment of the creation of ownership of the premises in a condominium. 8. In the event of the death of the proprietor of the premises and the absence of heirs under the law and by will, the fate of the said premises is determined by the rules of inheritance law. 9. A member of the partnership shall be entitled, subject to the requirements of the statute, to use common property in accordance with his or her appointment and under conditions of common ownership, use and within the limits of the disposition of such property established by this Federal Act. Article 33. Partnership controls Partnership management bodies are: general meeting of partnership members; Company management. Article 34. General Assembly of Partnership members 1. The general assembly of members of the partnership is the highest body of partnership management and is convened in accordance with the procedure established by the association's charter. 2. The annual general meeting of members of the partnership shall be held not later than 60 days after the end of the financial year. An extraordinary general meeting of partnership members may be convened at the initiative of the Board, members of the partnership with 10 per cent and more votes of the total number of votes in the partnership, as well as on the request of an audit commission, a local authority Self-governance. 3. To the exclusive competence of the general meeting of members of the partnership are: 1) amendments and additions to the association's charter; 2) a decision on the reorganization and liquidation of the partnership; 3) making decisions about Exclusion, lease, pledge or transfer of other property rights to homeowners or third parties; provision of easements or other rights to use common property in a condominium; 4) taking decisions on acquisition, construction, reconstruction, including extension (superstructure), erection of buildings and other structures, repair of real estate in a condominium; 5) making a decision on obtaining loans, including bank credits; 6) determining the use of income from the economic activity of the partnership; 7) the introduction of restrictions on the use of common property; 8) the election of the Board and the audit commission; 9) approval of the annual financial and economic plan and report its implementation; 10) size-fixing compulsory payments and contributions from members of the partnership; 11) formation of special camaraderie funds, including backup, restoration and repair of condominium and equipment; 12) Board, board chairman and comradeship; 13) adoption and amendment on the presentation by the Chairman of the Board of Internal Regulations of the Company's Staff Regulations, provisions on remuneration for their work; 14) Determination of the remuneration of members of the partnership. The Charter of the Partnership to the General Assembly of Partnership members may also address other issues. 4. The general assembly has the right to decide matters that are subsumed under the authority of the board. Article 35. { \cs6\f1\cf6\lang1024 } General Assembly { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Company { \cs6\f1\cf6\lang1024 The powers of the general assembly of members of the association shall be established in accordance with the provision set forth in article 22, paragraph 4, of this Federal Act, unless otherwise stipulated in the association's statutes. 2. Members of the association at the general assembly shall have a vote in proportion to the proportion of participation established in accordance with the provisions of article 9 of this Federal Act, unless otherwise specified in the association statute. 3. The general assembly of the partnership is led by the Chairman of the Board or his Deputy. If they are absent, a general meeting shall be conducted by a member of the board. In the absence of the above-mentioned persons, the presiding officer may be chosen from among the members of the Company. 4. Decisions on matters assigned by this Federal Act to the competence of the general assembly in accordance with article 34, paragraphs 2 to 6, of this Federal Act shall be taken by at least two thirds of the total number of votes of the members Partnership. For the rest of the decisions, decisions shall be taken by a majority of those present at the general meeting of members of the partnership or their representatives. 5. The Charter of the Partnership may provide for a separate vote on homeowners ' groups depending on the type of condominium-owned premises and the issues to be resolved, as well as an increase in the number of votes needed to take decisions on Matters relating to the exclusive competence of the general assembly of members of the Company, which is defined by this Federal Act or by the Statute of the Partnership. Article 36. Company Management Board 1. Management of the partnership is managed by the Partnership Board. The partnership council shall have the right to make decisions on all matters relating to the activities of the partnership, with the exception of matters reserved for the exclusive competence of the general assembly of members of the partnership. 2. Where more than 30 per cent of all premises in a condominium are located in State or municipal property, the representative of the corresponding member of the partnership is a mandatory member of the Company, with the exception of A case under article 51 of this Federal Act. 3. The partnership board shall be elected from among the members of the Company by a general meeting for a term established by the association's statutes, but not for more than two years. 4. The Board shall elect a Chairman from its membership. 5. The Executive Board is an executive organ of the Company, which reports to the general assembly of members of the partnership. Article 37. The partnership management responsibilities 1. It is the responsibility of the Board to: Act as a partnership between the laws in force and the requirements of the charter; to control the timely payment by members of the partnership of established compulsory payments and contributions; { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } { \cs6\f1\cf6\lang1024 } { \b } condominium or management contracts; recruitment Workers and employees for the maintenance and dismissal of condominiums; concluding contracts for the maintenance, operation and repair of real estate in a condominium; maintaining a list of members of the partnership, Accounting and reporting; convocation and organization of the general assembly; other duties arising from the partnership charter. 2. The meeting of the Board shall be convened by the Chairperson within the time limits fixed by the association's statute. 3. A board meeting is recognized to be entitled, with the participation of a majority of the board members. 4. The Board shall have the right to dispose of the partnership funds held in the bank account in accordance with the financial plan. Article 38. The Chairman of the Company's Management Board 1. The Chairman of the Board shall be elected for the term established by the statute. The President shall ensure the implementation of the decisions of the Board and shall be entitled to give instructions and instructions to all officials of the Company which are bound by them. 2. The Chairman shall act and sign, on behalf of the Partnership, the payment documents and make transactions which, in accordance with the law, are not subject to compulsory approval by the board or the general assembly. Develops and submits for the approval of the general meeting the rules of internal regulations of the service personnel of the partnership, the provision on remuneration of their work. Article 39. Audit Commission (Audit) of the Partnership 1. The Audit Commission (Audit) is elected by the general assembly for a period not exceeding two years. The Audit Commission may not be composed of members of the partnership board. 2. The Audit Commission, which is composed of more than one auditor, elects a Chairman. 3. Audit Commission (Audit): conducts planned audits of partnerships at least once a year; presents a general meeting with a budget, annual report and mandatory size payment and contributions; reports to the general meeting about its activities. Article 40. Partnership funds and assets 1. Partnership funds consist of: enrolment and other contributions, compulsory payments of members of the partnership; income from business activities of the partnership to achieve goals, objectives and responsibilities Partnerships listed in articles 24, 29 and 31 of this Federal Law; subsidies for operation, current and major repairs, utilities and other grants provided for in article 19, paragraph 2, of this Federal Act the law; other income. 2. Upon the decision of the general meeting, the partnership may be placed in bonds, certificates, stocks and other securities. 3. Upon the decision of the general assembly, the partnership may form special funds spent on objectives consistent with the statutory tasks. The procedure for the establishment of special funds is determined by the general assembly. 4. The property of the partnership may include movable property as well as immovable property forming part of the condominium. Article 41. Partnership activities 1. In order to achieve the objectives for which the Partnership is established, it is entitled to engage in the economic activities provided for in the association's statute in accordance with this article. 2. The entity may engage in the following types of business: Maintenance, operation and repair of real estate in condominiums; construction of additional facilities and facilities property in a condominium; rental, selling or selling of real estate owned by a condominium and owned by a partnership, in case of insufficient funds for the maintenance of common property the condominium and the improvement of the property. 3. The association does not have the right to engage in economic activities not provided for in the association's association. 4. By decision of the general meeting of the members of the partnership, income derived from the economic activities of the partnership is used for payment of general expenses or is directed to special funds spent on objectives corresponding to those provided for in the The task manual. The additional income may be directed to other purposes of the partnership established by this Federal Act and the association's statutes. Article 42. Independence of homeowners ' rights 1. Homeowners have the right to conduct business in the ownership of premises owned by these homeowners, subject to the requirements of legislation, health, fire and other regulations. 2. The owner of the premises is entitled to rent or lease these premises in accordance with the procedure established by law. 3. The association has the right, within reasonable limits, to restrict the use of non-residential premises in condominiums owned by homeowners only when it is related to the protection of the rights and interests of other homeowners. Article 43. Protection of the rights of creditors that provide mortgage loans 1. Homeowners and partnerships have the right to conclude mortgage contracts using their premises as collateral. The creditor may agree with the creditor or creditors that it accepts certain obligations towards them, including the following: to notify the creditor in writing of the facts that adversely affect or which may have a negative impact on the physical condition of the condominium and the financial condition of the partnership; to notify in writing about the landlord's debts of the owner of the foreclosed premises or any intention of the partnership to recover the debt of a homeowner by total expenditure through the application of a mortgage on a mortgage; do not modify the relevant provisions of the partnership charter without the creditor's consent; do not take certain steps Agreement of action relating to immovable property in a condominium, including any form of disposition, pledge, transfer of other property rights to property, liquidation and reorganization of the partnership, as well as a pledge or transfer of rights to the future income or other income of a partnership; on other matters, not It is contrary to this Federal Act, which deals with the agreement between the Company and the creditor. 2. The main provisions of agreements with mortgage lenders may be included in the charter of the partnership as contractual obligations of the partnership to any real and future mortgage lenders A camaraderie or any homeowner in a condominium. 3. A creditor who has granted a mortgage on any part of the immovable property in a condominium has the right to inspect the financial records of the partnership. At the request of the creditor, the partnership is required to provide a copy of the last financial statement. Article 44. Partnership insurance 1. The association may provide insurance of the property belonging to it, as well as the common property on the list, from any type of risk of direct physical damage, and may also exercise liability insurance to protect the partnership and homeowners in the event of a claim for damage to property or to natural persons in the objects of common property. 2. Homeowners-owners of premises in condominiums carry out their insurance on their own. 3. In the event of damage to a condominium as a result of an insurance event, insurance is paid to a partnership or a specially appointed trusted representative for subsequent use in the interest of homeowners and mortgage lenders. 4. The amount of insurance payments received to compensate for the damage caused by the accident is primarily used for the restoration and repair of a condominium, unless the partnership decides to terminate the partnership. In the latter case, the recipient of the insurance compensation-the partnership or its trustee-distribute the funds among the lenders who have granted mortgage loans in the condominium, in accordance with the law. The balance after payment of other statutory instalments, if any, is allocated to homeowners in accordance with their share of participation. Article 45. Reorganization and liquidation of the partnership 1. The reorganization and liquidation of partnerships is based on and in accordance with the procedure established by civil law. 2. The association is dissolved in the cases established by civil law, including by decision of a general meeting in case of physical destruction of a complex of immovable property in a condominium. 3. In the liquidation of the partnership, real and other property remaining after calculations with the budget, banks and other creditors is distributed among the members of the partnership in accordance with the procedure established by the association agreement. Article 46. Association of partnerships 1. Two or more partnerships may create a joint unit for joint management of common property in condominiums. Such associations are administered under the provisions of this Federal Act. All partnerships forming part of the association shall be voted on by such associations. 2. The associations may refer to such a union, which has the status of a legal person, the rights to administer the common property, or part of the rights, which are specified in the association statutes. Chapter VI: ORGANIZATION OF THE PROPERTY PROPERTY FOR THE PROPERTY OF CONDOMINIUM Article 47. The right to create a condominium 1. Any natural or legal person, including bodies of state executive authority and local government, or a group of persons acting jointly with the necessary building permit, have the right to build or reconstruct Real estate with a view to creating a condominium. 2. Ownership of the real estate of the newly created condominium has arisen since the state registration of the condominium. Article 48. The formation and registration of the partnership in the newly created condominium in the newly created condominium can be created by a customer, a developer, or another physical or legal entity A person, including public authorities or local authorities, or a group of persons acting together, who have or will be entitled to ownership of newly created property. (In the wording of Federal Law 21.03.2002) N 31-FZ (Paragraph 2 is deleted-Federal Law of 21.03.2002) N 31-FZ) Article 49. Transfer of ownership of the premises in the newly created condominium to purchas under contract 1. The transfer of ownership of the premises in the newly created condominium is possible only after the State registration of the newly created condominium by the authorities responsible for the registration of real property rights, and The registration of the partnership is also in due course. 2. Any exclusion agreement in the newly created condominium should include a requirement for the acquisition of a membership in a partnership, and the transaction should be subject to the requirements of article 13 of this Federal Law. 3. The conclusion of any preliminary contract granting the right in the future to become the owner of the premises in the newly created condominium, after registration of the partnership, should include as a compulsory condition for subsequent acquisition Company membership. Article 50. Special Developers ' Rights in Partnership Education 1. The developer may provide for the following special rights in the association's charter: to retain after the start of the sale of the building right-to the construction or construction of additional premises or objects of common property in a newly created condominium, but for a period of no more than three years from the creation of the partnership; to install the construction services on the common property to exercise their rights to build; have administrative offices The sale and management of condominiums owned by the developer; other rights consistent with the objectives of the developer, not contrary to the law and that do not infringe on the rights of the developer. 2. No additions or changes to the association's charter relating to the special rights of the developer can be made without the agreement of the developer. Article 51. Developers limitation 1. The right to vote of a developer in a partnership has the following limitations: after the transfer of ownership of 30% of the premises in a condominium to other homeowners other than the developer, at least 30% of board members must be elected by these landlords; , after the transfer of ownership of 40 per cent of condominiums to other homeowners, except for the developer, at least 40 per cent of the board members are to be elected by voting for these landlords; after the transfer of ownership rights More than 50 per cent of the condominium to other homeowners, other than the developer, or two years from the moment of registration of the partnership, all board members are to be elected by voting by landlords without the participation of the developer. 2. The election of the members of the board shall be held at the general meeting of the partnership not later than 60 days after the event that led to the need for such elections. Article 52. Termination of contracts Any contract for management, maintenance and operation, employment contract, lease agreement, and any other contract concluded between the partnership and the developer or its subsidiary in the period when The developer exercised control over the Company's Management Board, could be terminated without penalty at any point in time, and the other party must be notified in at least 60 days. Article 53. The liability of the developer No homeowners, or any homeowners in a condominium, are liable for claims to the partnership that arose during the period when the developer exercised control over the Company's Management Board or the claims, related to the implementation of special rights by the developer. The builder releases the partnership and homeowners from such claims and takes full responsibility. Chapter VII. CONCLUDING PROVISIONS Article 54. The entry into force of this Federal Law is effective from the date of its official publication. Article 55. Regulations of the Government of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation shall be brought into conformity with this Federal Law within three months from the date of its entry into force. President of the Russian Federation Yeltsin Moscow, Kremlin 15 June 1996 N 72-FZ