Expired-the Federal law dated 29.12.2004 N 189-FZ RUSSIAN FEDERATION federal law on housing associations adopted by the State Duma May 24, 1996 year approved by the Federation Council of the year June 5, 1996 (as amended by the federal laws on out N 196-FZ;
from 21.03.2002 N 31-FZ) Chapter i. General provisions article 1. Basic concepts of homeowners Association-non-profit organization form of Association of homeowners for the joint management and maintenance of the complex of immovable property in a condominium, the possession, use and disposal limits established by the legislation of the common property.
Landlord-the owner of the premises in the complex of immovable property-condominium, he is a participant in share ownership to the common property.
Room-unit complex of immovable property (part of a residential building, sometimes associated with residential building real estate), dedicated in kind intended for independent use for residential, non-residential or other purposes, owned by citizens or legal entities, as well as the Russian Federation, constituent entities of the Russian Federation and municipal entities.
Total assets-part of the complex of immovable property intended for service use and access to premises, closely related purpose and following their fate; are in common shared property of the owners of the premises (landlords).
Condominium-a single real estate complex that includes land in bounds and it is located on the residential building, other real estate, in which individual parts intended for residential or other purposes (premises), are owned by citizens, legal persons, the Russian Federation, constituent entities of the Russian Federation and municipal entities (homeowners)-private, State, municipal and other forms of ownership, while the remaining part (total assets) are in their share ownership.
Share-installed share common partial right landlord ownership of common property, determines its share of the total payments for the maintenance and repair of common property, in other common expenses, as well as in the General case, the proportion of the votes at the general meeting of the homeowners and members of homeowners ' associations.
Developer-any natural or legal person, including organs of State executive power and bodies of local self-government, or a group of persons acting in concert who acquire, build or reconstruct real estate with the aim of creating condominium and transfer of property rights over premises in it different homeowners.
Article 2. Relations regulated by the law on condominiums and homeowners associations Law on condominiums and homeowners associations sets: ownership in a condominium;
the procedure for the formation, operation, increment, alienation and transfer of rights to immovable property in a condominium;
requirements for State registration of immovable property which is the object of ownership in a condominium;
the management of real property in a condominium, creation, functioning and liquidation of homeowners ' associations. (As amended by the Federal law of March 21, N 31-FZ), Article 3. Laws and other legal acts concerning condominiums and homeowners ' associations 1. Legislation on condominiums and homeowners associations refers to civil law and includes the present Federal law, the Civil Code of the Russian Federation, other legislative acts of the Russian Federation governing the civil legal relations.
Contained in the housing legislation also regulates the legal relations in other legislative acts of the Russian Federation and legislative acts of the constituent entities of the Russian Federation.
2. relations referred to in article 2 hereof, may be regulated by decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation in accordance with the federal laws.
Article 4. The scope of this federal law 1. The effect of this federal law applies to property relations in condominiums, which owns not less than two landlords on newly created condominiums under construction and reconstruction, as well as all of the partnership, partnerships of homeowners, housing cooperatives and housing construction cooperatives fully paid equity contribution by at least one member of other associations, property owners in the housing sector, created to ensure the operation of multi-family homes use apartments and common property.
2. the provisions of this Federal Act shall apply in the regulation of the relevant relations arising in the territory of the Russian Federation, with the participation of Russian and foreign natural and legal persons, stateless persons, unless otherwise stipulated by international treaties.
CHAPTER II. OWNERSHIP IN A CONDOMINIUM.
The rights and duties of LANDLORDS Article 5. Objects in 1. In a condominium may consist of the following objects: a building, or part thereof, or several buildings, which belong to different premises (not less than two) homeowners, with adjacent land in bounds, pedestrian and transport roads, swimming pools, ponds, perennial plants and other similar objects;
slightly densely situated buildings or structures-single-family, garden or country houses with plots to cultivate or without them, garages and other objects common land and infrastructure.
2. Condominium can consist of a separate part of the building at least one block section, which is isolated from other parts of the building entrance and also mezhkvartirnyj-the elevator site. A separate part of the building can be allocated in a separate condominium on the assumption that the superstructure, reconstruction, restructuring or demolition of this block-sections do not compromise the integrity of other parts of the building, not included in the condominium.
Article 6. Ownership of the premises in a condominium 1. The owner of the premises in a condominium (landlord) can be any natural or legal person, the Russian Federation, constituent entity of the Russian Federation and municipal education. Premises in a condominium can belong to multiple owners of the right of common ownership, acting as one homeowner, one homeowner may own several premises in a condominium.
2. Homeowners own, use and dispose of the premises in a condominium, located in private, State, municipal or other forms of ownership, in accordance with the General rules of civil law.
Article 7. The common property in a condominium property in a condominium are serving more than one homeowner separation stairwells, ladders, lifts, lift shafts and other shafts, corridors, roofs, technical floors and cellars, protecting load-bearing and non-bearing interior construction, as well as mechanical, electrical, plumbing and other equipment located outside or inside the premises and serving more than one space, the adjacent land in bounds with elements of landscaping and beautification and other objects designed to serve a single set of condominium and real estate employees using it.
Article 8. Ownership of common property in a condominium 1. The common property in a condominium is in share ownership of the homeowner.
2. Homeowners own, enjoy and established by this federal law limits dispose of common property in a condominium.
3. Common property in a condominium shall not be alienated separately from the homeowners ' property rights over premises in a condominium.
4. under the agreement of homeowners (made in accordance with article 22 of this federal law, the procedure of adoption of the decision of the general meeting of owners or other legal means) objects of common property may be transferred for use by any person or persons in the case when it is not connected with violation of legally protected rights and interests of homeowners.
5. The adjacent plot of land and other property in a condominium may be encumbered by a right of limited use (easements) others. It is not allowed to ban the easements if necessary to ensure access of others to objects that existed prior to the adoption of the present Federal law.
New easements are established by agreement between the person, requiring the establishment of an easement, and homeowners. If no agreement is reached on the establishment of, or the conditions of servitude, the dispute shall be settled by the Court.
Article 9. Determination of shares in the right of common ownership of common property in a condominium 1. The share of each homeowner in the right of common ownership of common property in a condominium (share) is proportional to the percentage of the units in a condominium measured in meters square square, if the decision of the general meeting of the homeowners, taken in accordance with article 22 of this federal law, procedure or other legal agreement of the participants in share ownership to the common property (hereinafter referred to as the homeowners agreement) provides otherwise.
Homeowner's share-owner rooms (rooms) in a communal apartment is determined on the basis of the per it of the total area of the apartment, established in proportion to its property located in a residential area, or in a different uniform, the established agreement, homeowners.
Participation under the agreement, homeowners can be set different for different groups of homeowners, depending on the type of units in a condominium owned by them.
2. percentage ownership of each homeowner in the right of common ownership of common property in a condominium should be the fate of the ownership of the premises in a condominium owned by the homeowner.
3. Share ownership of a new homeowner in the right of common ownership of common property is equal to the percentage of the previous homeowner.
Article 10. Establishment of borders of land in condominium 1. Land borders in an existing building settlements included in condominium are determined by existing zemleotvodami.
2. Dimensions of land for newly constructed facilities in a condominium shall be determined in accordance with the requirements of the planning standards based on conditions for minimum fire and health gaps between buildings in the building of settlements, access to all parts of the property in the manner prescribed by the Russian Government.
3. the procedure established in accordance with paragraph 2 of this article, based on recalculations and adjustments to normiruemogo for each period of building size building inhabited places in General on the size of land shares common ownership pertaining to each homeowner in a condominium.
4. The size of the land lot for each homeowner in a condominium shall be determined by multiplying the floor space at the specific index of land for buildings of different height in accordance with the procedure referred to in paragraph 2 of this article.
Article 11. The transfer of land ownership in a condominium in an existing construction 1. In the existing building plots, which are residential buildings and other properties belonging to the condominium, passed as common property in common ownership of homeowners in size for free.
2. Infringements of the territory in the event of its location within the boundaries of residential group or the courtyard of a condominium may be purchased or received in rent as an independent unit of the condominium or homeowners with premises on an equal footing partnership. In case of failure of the partnership from homeowners or acquiring or obtaining a lease excess territories they remain in State or municipal ownership and are used in accordance with the current legislation.
3. Authorities set boundaries and size of land in condominiums, are obliged to not later than two months after the treatment of homeowners install in accordance with the procedure referred to in paragraph 2 of article 10 hereof, the boundaries and size of a land plot in a condominium.
4. transfer of ownership free of normative parts of land and properties for sale or rent the excess part of the plots of land are carried out by public authorities of executive power or bodies of local self-government in accordance with the law.
Article 12. Boundary changes to immovable property in a condominium 1. The homeowner during the acquisition of adjacent premises or adjacent parts of other immovable property can remove or relocate any partition or do them either in the walls of openings (including cases in which these partitions or walls are completely or partially community property in a condominium), if such actions do not weaken the carrying capacity of the building do not violate the system of functioning utilities, mechanical and other equipment of the building.
2. The border between adjacent premises can be moved or existing space can be divided into two or more premises without the consent of the other homeowners in the event that such advances or section shall not entail changing the borders of other premises or share other homeowners.
3. The border between adjacent premises can be migrated or an existing room can be divided into two or more premises, if any newly formed premises will have separate entrances, and residential facilities-bathroom and kitchen and if not contrary to the provisions of this federal law and, in the case of the existence of a partnership is its Charter, and only after making appropriate amendments to the Passport home ownership upon application that should be filed under homeowners these premises. In the case of a partnership application is the partnership.
4. the company shall prepare and register the necessary amendments to the passport of homeownership, reflecting the premise section or moving boundaries between adjacent premises, their sizes and the numbers, change ownership owners of such premises. All these works are carried out at the expense of homeowners applicant change of borders or the partition space.
5. These steps a homeowner may perform only authorized bodies of architecture and town-planning.
Article 13. Protection of the rights of purchasers of units in a condominium 1. The seller, preparing a proposal for the sale of the premises in a condominium, in addition to the usual technical characteristics reported by the buyer in the sale of the premises, is obliged to provide the following information: 1) in the absence of camaraderie is communicated: data about the presence or absence of debts for payment of the expenses of the premises and common property;
information on mortgage facilities;
information about general insurance property in a condominium;
2) in the case of a partnership, in addition to the particulars listed in subparagraph 1 of this article shall be communicated: data of the current budget and financial report of the company;
for information about any known capital cost that is going to make a partnership over the next two years, and details of any charges and savings that may arise in connection with these costs.
Furthermore, in addition to these information genossenschaft Charter seems to be defining the rights and responsibilities of a future homeowner.
2. the seller shall be responsible for any losses incurred by the buyer the premises as a result of failure to provide specified information or misstatements or inaccuracies of an official proposal on the sale of the premises, in accordance with the effective legislation.
Article 14. State registration of the condominium.
Passport homeownership 1. The condominium as a single real estate complex, as well as the rights to immovable property in a condominium and deal with it are subject to state registration in accordance with the current legislation with the provision of passports of homeownership.
2. the passport shall be prepared by the territorial or local homeownership Bureau of technical inventory based on field measurements and information bodies of architecture and urbanism, bodies on land and land resources, State property management bodies and stored (depending on the form of condominium management) from homeowners, customer service or partnership.
3. passport homeownership contains essential information about immovable property in a condominium, including: recording that the House is a condominium registered in the unified State register;
details of the data bank the authority responsible for the State registration and accounting of assets and property rights, in which stores a copy of the passport of homeownership;
in the presence of the State land cadastre State cadastral number homeownership;
mailing address home ownership;
topographic description and a situation site plan of homeownership;
floor plans of buildings and structures with names, each individual part numbers of homeownership and its square, the height of floors;
information about materials and other characteristics of bearing and enclosing curtain designs;
historical background-year construction and development, design and construction organizations, past and present owners of a condominium;
information about the condominium inventory cost.
4. By decision of the local self-administration bodies update and copy of the passport of homeownership can be carried out at the expense of the local budget.
Article 15. Homeowner's burden in the condominium of the maintenance and repairs of premises 1. A homeowner in a condominium must ensure proper maintenance and repair of premises of his property.
2. The landlord shall ensure in compliance with normative and technical requirements of use, maintenance and repair, alterations and improvements to premises or their parts without damage and violation of other legally protected rights and interests of other homeowners.
3. When applying the landlord personally, or persons residing together with him, as well as any other person occupying premises in accordance with the rental agreement or under any other law provided by the landlord, damage to other homeowners or common property, a landlord must fix the damage.
Cost recovery order the landlord to repair the damage to the property of other homeowners or common property, caused to tenants or tenants is determined by contracts of employment respectively or lease with the owner of the premises, other legal grounds.
Article 16. The burden of homeowners in a condominium on the maintenance and repairs of common property in a condominium 1. Homeowners in a condominium shall bear, in the manner prescribed by this federal law, the burden of maintenance and repair of common property.
2. Failure to landlord of premises owned or refusal to use common property are not to exempt the landlord partly or fully from participation in the total expenditure on the maintenance and repair of common property in a condominium.
Article 17. Compulsory payments of homeowners in condominium 1. In maintenance and repair of premises of private, municipal, State or other forms of ownership, shall be covered by homeowner-occupants of the property in accordance with applicable law.
2. Landlords (individuals and legal entities) in a condominium to pay real estate tax, while using its own facilities for profit and other taxes established by the legislation.
3. Homeowners in a condominium pay for the services of the maintenance and repairs of common property in accordance with applicable law.
4. Homeowners pay for water, heat, gas, electricity, hot water, sewer and other utilities provided to them under applicable law.
5. Homeowners are responsible for the timeliness of payments by employers or occupiers of premises belonging to them. The general meeting of the homeowners ' associations may be able to make certain payments by employers or tenants in accordance with the contract of employment or lease (payments for maintenance and repair of common property, part payments for utility services) directly to the account of the partnership.
Article 18. Mandatory payments to homeowners in a condominium on the maintenance and repair of common property 1. Overall dimensions mandatory payments for the maintenance and repair of common property are established on the basis of common rules and accounting standards approved by the local self-government bodies, and ensure cost recovery for services, current and preventive repairs, as well as reimbursement of the costs of the overhaul of the common property.
2. the amount of the obligatory payments of each homeowner on the maintenance and repair of common property is proportional to his share in the right of common ownership of common property in a condominium (participation).
Article 19. Subsidies, compensations and subsidies in social protection of homeowners, tenants and occupiers of premises in a condominium should be performed in the manner prescribed by legal acts of the Russian Federation, the relevant decisions of the organs of State power of the constituent entities of the Russian Federation, bodies of local self-government, by: transfer homeowners ' associations State and municipal subsidies for the financing of the costs for the operation, routine and major repairs, for specific types of public services compensation for concessions on payment of utility services to various categories of citizens, as well as others provided by grants;
granting of compensations (subsidies) for the payment of housing and utility services to certain categories of citizens from a number of homeowners, tenants and leaseholders;
providing citizens in need of better housing, grants for construction and acquisition of housing in a condominium.
CHAPTER III. MANAGEMENT and maintenance of the CONDOMINIUM Article 20. Condominium management 1. To ensure the operation of a block of flats, apartments and common property, residential homes, homeowners are free to choose the way of managing real estate.
2. the Office may be effected through condominium: direct control of the homeowners with minor amounts of the condominium and a limited number of homeowners;
transfer homeowners condominium management functions mandated by the State or local government customer service for municipal services;
education, homeowners homeowners ' associations to manage the condominium or for onward transmission to contract some or all of the management functions to an authorized individual entrepreneur or authorized organization of any form of ownership (Manager), as well as otherwise established by federal laws and laws of constituent entities of the Russian Federation.
3. condominium management method can be changed at any time by a decision of the homeowners.
4. Non homeowners within six months how to manage the condominium in which more than 50 per cent of the floor area is privately owned, shall result in a fine for homeowners-citizens and organizations, as well as to officials authorized to represent the interests of the owner in a condominium.
The amount of the fine is set by State authorities of the constituent entities of the Russian Federation and bodies of local self-government.
(Paragraph three ineffective federal law from out N 196-FZ), Article 21. Condominium management organization 1. Condominium management landlords directly is allowed in cases when condominium includes no more than four of the facilities owned by two, three or four different homeowners.
2. In other cases, homeowners (at least two) on a voluntary basis may choose one of the ways to manage real property referred to in article 20 hereof.
3. selecting the way of condominium management is exercised at a general meeting of the homeowners. The general meeting of the homeowners can be assembled on the initiative of any number of homeowners, developer, Enterprise, institution or organization, economic management or operative administration where the property is located, local governments or other interested person.
4. If the landlords decision to transfer functions of condominium management empowered by a State or local government body customer service for municipal services transfer is made under a contract entered into on a mandatory basis in accordance with civil law.
5. Organization and scope of work customer service for municipal services are determined by the relevant State authorities or local government acting on behalf of the owner of the housing stock in the Russian Federation, constituent entities of the Russian Federation, the municipality.
6. the newly created condominiums homeowners ' associations are formed in accordance with Chapter VI of the present Federal law.
Article 22. Organization of the general meeting of the homeowners 1. Notification on holding the general meeting shall be sent to the homeowners face, which convenes the general meeting in writing and shall be served on every homeowner against receipt or by mail (registered mail). Notification shall be sent no later than 10 days before the date of the general meeting.
2. The notification on holding the general meeting shall contain the following: on whose initiative convenes the general meeting location and time of the meeting, the agenda of the meeting. The general meeting may not make the discussion of issues that were not declared on the agenda.
3. Each homeowner has at the general meeting the number of votes in proportion to its participation, established in accordance with the provisions of article 9 hereof.
In the case where the State and (or) municipal property is more than 30 per cent of the units in a condominium, the owner of the premises or the authorised body may decide to reallocate between other homeowners in proportion to their participation part of its votes at the general meeting (over 30 per cent of the votes).
4. the general meeting of the homeowners is entitled, if it present homeowners or their representatives with more than 50 percent of the votes of the total number of homeowners.
In case of absence of quorum, the initiator assigns new date, location and time of the general meeting. Newly appointed by the general meeting may be convened on time not earlier than 48 hours and no later than 30 days after the cancellation of the earlier general meetings.
5. the General Assembly, the President of the Assembly of the homeowners, who is elected by a majority vote of the owners or their representatives. To log Assembly is elected Secretary of the meeting.
The first meeting of the homeowners leads the meeting organizer.
6. The general meeting according to the choice of ways to manage condominium decision: either on the transfer of immovable property in the management empowered by a State or local government body customer service for municipal services, either on the formation of homeowners ' associations and the approval of its Statute.
7. The decision shall be taken by a majority of those present at the general meeting of owners or their representatives and the Protocol is executed.
8. the decision of the General Meeting adopted in the manner set forth above is compulsory for all homeowners, including for those who for whatever reason did not participate in the voting.
Article 23. Maintenance and operation of the real estate held in condominium 1. For the realization of the goals of the preservation of immovable property in a condominium, security and comfort of residence or stay in it citizens and maintenance of real property in a condominium must be natural or legal persons licensed to conduct repair and maintenance or construction activities if the law requires a license.
2. Natural and legal persons carrying out repair and maintenance or construction work, perform the work on the maintenance and repairs of the immovable property, the provision of utilities, construction of additional facilities in a condominium under contracts with persons that manage condominium (homeowners, empowered by a State or local government body customer services, partnerships of homeowners or their authorized the administering-individuals or organizations).
3. Maintenance of the condominium or perform simple construction can be carried out directly to landlords or housing partnership. Homeowners ' Association must have a corresponding special permit (license) for the relevant activities if these activities by law assigned to the list of licensed.
CHAPTER IV. ORGANIZATION of HOMEOWNERS ' ASSOCIATIONS Article 24. Homeowners ' Association
Homeowners in order to harmonize the implementation of their rights of possession, use and limits established by law in the disposition of the common property in a condominium, as well as for the maintenance, preservation and increment of property in a condominium, the distribution of responsibilities between landlords to reimburse their costs, to ensure proper sanitary and technical condition of common property can form a homeowners ' associations (hereinafter the partnership).
Article 25. Legal status of partnership 1. A partnership is an Association of landlords-occupants of premises in both the existing and the newly created condominiums, established in accordance with articles 20-22 of this federal law and for the purposes set forth in article 24 of this federal law.
2. the Association is a non-profit organization created and operated in accordance with this federal law, other legislative acts of the Russian Federation, and part housing legal relations-legislative acts of the constituent entities of the Russian Federation and the Charter company. Charter of partnership was adopted at the general meeting of the homeowners a majority vote at a general meeting of owners or their representatives.
3. in accordance with paragraph 1 of article 4 hereof, the number of members of a partnership may not be less than two homeowners, except as provided for in chapter VI of this federal law.
4. condominium Association is created without restriction of activities, unless otherwise provided by the Charter company.
5. the company is a legal entity from the moment of its State registration. The partnership has a seal with its name, settlement and other accounts in Bank, other details.
6. the company is liable for its obligations with all property belonging to him. The company is not responsible for the obligations of its members.
Article 26. Organization of the partnership a partnership is considered to be organized from the moment of its State registration in accordance with the procedure defined by the law on registration of legal entities. (As amended by the Federal law of March 21, N 31-FZ), Article 27. (Removed March 21 federal law N 31-FZ) Article 28. (Removed March 21 federal law N 31-FZ), chapter v. ACTIVITIES of the PARTNERSHIP Article 29. The right partnerships 1. The company has the right: to conclude management contracts and/or servicing and maintenance of common property, including the premises owned by the company, with any person or organization of any form of ownership in accordance with the law;
organize your own housekeeping for the maintenance of the immovable property in a condominium, exercising rights housing organization and the current account of the partnership;
define budget limited partnership, including the necessary costs for current maintenance and repair of common property, the cost of major repairs and refurbishment, special contributions and deductions to the reserve fund, as well as other prescribed by this federal law and the Charter of partnership goals;
established on the basis of the approved annual budget partnership dimensions payments, taxes and contributions for each homeowner in accordance with its share of participation;
to perform work and provide services to members of the partnership;
use the loans to banks in the manner and under the conditions stipulated by the legislation;
own premises in a condominium;
pass on a contractual basis material and money to persons performing for the partnership work and providing services to it;
sell, transfer and commercial and non-commercial organizations, citizens, Exchange, rent, lease, transfer by contract of lease equipment, inventory and other assets, as well as write off their balance Fund partnership if they are worn out or obsolete.
2. In cases when it is not connected with violation of rights and interests protected by law homeowner association can: lease or limited use (easement) objects of the common property of any person or persons;
in accordance with the town planning regulations in accordance with the established procedure, rebuild overbuild demolition or without objects of common property or premises owned by the company;
getting in perpetuity or receive or acquire ownership of land for the implementation of the housing, construction of commercial and other buildings and their further exploitation;
implemented in accordance with the rules and regulations of the town building on adjacent land and allocated;
perform other actions and enter into transactions that meet the goals and objectives of the partnership.
Article 30. Law enforcement partnership homeowners of their duties
1. In case of failure to comply with their duties under the homeowners participate in the total cost of the partnership shall be entitled to submit to the landlord to claim compensation for non-payment of compulsory payments and non-payment of other general expenses and contributions, established by civil legislation.
2. the company may demand full compensation for losses suffered as a result of the failure of landlord obligations to pay obligatory payments and pay for other general expenses and contributions in accordance with the procedure established by civil legislation, including litigation.
Article 31. Obligations of the partnership the partnership is obligated to: ensure compliance with the requirements of this federal law, other laws and legal acts, as well as of the Charter of the company;
to perform in the manner provided by applicable law, contractual obligations;
ensure compliance by all members of the partnership their burden on the maintenance and repairs of the immovable property in a condominium;
ensure proper sanitary and technical condition of common property in a condominium;
to ensure respect for the interests of all members of the partnership in establishing conditions and procedures for the possession, use and disposal of joint property, the distribution between landlords costs of maintenance and repairs of common property in a condominium;
suppress the acts of third persons impeding or hindering the realization of the rights of possession, use and disposal limits homeowners ' common property;
in cases provided by legislation, the Charter company, to represent the interests of the members of the partnership in housing, property relations, as well as in other relations with third parties.
Article 32. Membership in the partnership 1. Members of the partnership are homeowners-the owners of units in a condominium.
2. by decision of State and municipal property owners members of a partnership may be legal entities-public and/or municipal organizations, which premises in a condominium owned by right of economic conducting or the right of operative management.
3. membership in the partnership occurs among homeowners since the registration of the partnership in the prescribed manner.
4. following the Organization of camaraderie all persons who purchase space in condominium, become a member of the partnership immediately after the appearance they have ownership of the premise.
5. Interests of minor members of the partnership are their parents, guardians or trustees in the manner prescribed by the legislation.
6. Since the termination of the right of ownership of a member of a partnership on the premises in a condominium in connection with death of a citizen, with the liquidation of a legal entity, the alienation of the property or otherwise membership in the partnership is terminated.
7. in the reorganization of a legal person, a member of the partnership or death of a member of a partnership successors (heirs) are included in the partnership since the onset of the ownership of the premises in a condominium.
8. in the event of the death of a citizen-the owner of premises and lack of heirs by law and by testament fate of specified premises shall be determined by the rules of inheritance law.
9. Member of the partnership may be tailored to the requirements of the Charter, to use common property in accordance with its purpose and the conditions of common ownership, use and within the limits established by this federal law limits the disposition of that property.
Article 33. Management bodies of the partnership the Partnership governing bodies are: the general meeting of the members of the partnership;
the Board of the partnership.
Article 34. The general meeting of the members of the partnership 1. The general meeting of the members of the partnership is the Supreme management body of the partnership and shall be convened, in the manner prescribed by the Charter company.
2. Annual General meeting of the members of the partnership shall be carried out no later than 60 days after the end of the fiscal year. Extraordinary general meeting of the members of a partnership may be convened by the Management Board, members of the partnership with 10 and more percent of votes from the total number of votes in the partnership, as well as at the request of the revision Commission, a body of local self-government.
3. exclusive competence of the general meeting of the members of the partnership include: 1) amendments and additions to the Charter of the company;
2) decision about reorganization and liquidation of the company;
3) decisions about exclusion, on lease, mortgage or otherwise transfer rights in the property of the partnership to homeowners or to third parties; the granting of easements or other rights to use common property in a condominium;
4) decisions relating to the acquisition, construction, reconstruction, including extension (add-on), erection of outbuildings and other structures, repair of immovable property in a condominium;
5) decision on obtaining borrowed funds, including bank loans;
6) defining use of income from economic activity of the company;
7) imposition of restrictions on the use of common property;
8) Election Board and auditing Commission;
9) approval of the annual financial and economic plan and report on its implementation;
10) setting the amount of compulsory payments and contributions of members of the company;
11) special funds education partnerships, including backup, restore and repair of condominium and equipment;
12) complaints to the Board, the Chairman of the Board and the Commission of the partnership;
13) adoption and modified upon recommendation of the Chairman of the Board of the internal regulations of the attendants of the partnership, the provisions on the payment of their labour;
14) the definition of the remuneration of members of the Board of the company.
The partnership Charter to the competence of the general meeting of the members of a partnership may also assign the decision of other questions.
4. the general meeting has the right to decide issues that belong to the competence of the Board.
Article 35. Conduct of the general meeting of the members of the partnership and vote 1. The powers of the general meeting of the members of the partnership shall be established in accordance with the provision set out in paragraph 4 of article 22 of this federal law, unless otherwise provided by the Charter company.
2. The members of a partnership at the general meeting have a number of votes in proportion to participation, established in accordance with the provisions of article 9 hereof, unless otherwise stipulated in the Charter.
3. the general meeting of the partnership, the President of the Board or his Deputy. In their absence, the general meeting of leading one of the Board members.
In the absence of the above-mentioned persons presiding officer may be elected from among the members of the partnership.
4. decisions on matters within this federal law to the competence of the general meeting in accordance with paragraphs 2-6 of paragraph 3 of article 34 of this federal law, shall be made by not less than two thirds of the total number of votes of the members of the partnership.
Decisions on other issues shall be made by a majority vote at a general meeting of the members of the partnership or their representatives.
5. the Charter of a company may be provided for a separate vote on homeowners ' groups depending on the type of units in a condominium belonging to them and the issues involved, as well as an increase in the number of votes required for decisions on matters placed by this federal law or the Charter of partnership within the exclusive competence of the general meeting of the members of the partnership.
Article 36. The Board of the partnership 1. The day-to-day activities of the partnership shall be effected by the Board of the company. The Board of the partnership has the right to take decisions on all matters of the activity of the partnership, except the issues attributed to exclusive competence of the general meeting of members of the partnership.
2. In the case of State or municipal property is more than 30 per cent of all units in a condominium, the representative of the Member of the partnership is included in the Partnership Board is mandatory, except in the case provided for in article 51 of this federal law.
3. the Management Board shall be elected from among the members of the partnership the partnership general meeting for a term prescribed by the Charter of the company, but not more than two years.
4. the Board shall elect a Chairman from among its members.
5. the Board is the executive body of the company, accountable to the general meeting of members of the partnership.
Article 37. Duties of the Board of the partnership 1. The responsibilities of the Board include: compliance with applicable legislation and requirements of a partnership Charter;
monitoring the timely introduction of the members of the partnership established compulsory payments and contributions;
preparation of the annual budget of the company, estimates and reports, providing them for approval to the general meeting;
the conclusion of treaties on behalf of the company;
representation of the company;
condominium management or management contracts;
the hiring of workers and employees for servicing condominium and their dismissal;
contracts for service, maintenance and repair of immovable property in a condominium;
maintenance of the list of members of the partnership, record keeping, accounting and reporting;
the convening and organization of the general meeting;
perform other duties arising from statute of Association.
2. meeting of the Board shall be convened by the Chairman within the deadlines established by the Charter company.
3. Board meeting recognized competent when the involvement of the majority of the members of the Board.
4. the Board has the right to dispose of a partnership of which the bank account, in accordance with the financial plan.
Article 38. Chairman of the Board of the partnership 1. Chairman of the Board is elected for the term established by the Charter. The Chairman ensures the execution of the decisions of the Board, has the right to give instructions and orders of all officers of the company, which they are required.
2. the Chairman shall act and sign on behalf of the partnership payment documents and commit a transaction in accordance with the law, the Charter of partnership does not subject to mandatory approval by the Board or by the general meeting. Develops and submits for approval by the General Assembly of the internal regulations of the attendants of the partnership, provision for payment of their labour.
Article 39. The internal audit Commission (internal auditor) of the partnership 1. The internal audit Commission (internal auditor) is elected by the general meeting by not more than two years. The members of the Audit Commission may not be members of the Management Board of the company.
2. the Inspection Commission, consisting of more than one auditor from elects the President.
3. The internal audit Commission (internal auditor): conducts routine audits of financial and economic activity of company, at least once a year;
represents the conclusion of the general meeting on the budget, annual report and compulsory payments and contributions;
reports to the General Assembly on its activities.
Article 40. The funds and property of company 1. Means the partnership consists of: entrance and other contributions, compulsory payments of members of the company;
income from economic activities of the partnership, aimed at the implementation of the goals, objectives and duties of the partnership referred to in articles 24, 29 and 31 of this federal law;
grants for the operation, routine and major repairs, utilities and other grants provided for in the second part of article 19 of this federal law;
2. By decision of the general meeting of a partnership could part cash to put into bonds, certificates, shares and other securities.
3. the decision of the general meeting of the Association may form ad hoc funds spent for purposes relevant to the tasks provided for in the Charter. Procedure for establishing special funds is determined by the general meeting.
4. In the partnership property may be movable property and real estate, part of the condominium.
Article 41. The economic activity of the partnership 1. In order to achieve the objectives for which the Association has been created, it has the right to engage in economic activity provided for in the Charter of the partnership, in accordance with this article.
2. the company may carry out the following economic activities: management services, maintenance and repair of immovable property in a condominium;
construction of additional premises and objects of the common property in a condominium;
lease, rent or sale of immovable property, which is part of the condominium and ownership company, in case of insufficiency of funds needed for the maintenance of the common property of the condominium and improvement of the property.
3. the company may not engage in economic activity, not provided for in the Charter.
4. By decision of the general meeting of members of the partnership income from economic activity of the partnership is used for payment of the common expenses or funds spent for purposes relevant to the tasks provided for in the Charter. Additional income can be aimed at other objectives of activity of company, stipulated by this federal law and the Charter of the company.
Article 42. Independence homeowners ' rights 1. Landlords have the right to engage in entrepreneurial activities belonging to those homeowners on the ownership of the premises in accordance with the requirements of legislation, health, fire protection and other regulations.
2. the owner of the premises shall have the right to lease the premises rented or leased in the manner prescribed by the legislation.
3. Partnership in its Charter the right to reasonably limit the use of non-residential premises in condominiums owned by homeowners, only when it is connected with the protection of the rights and interests of other homeowners.
Article 43. Protection of the rights of creditors providing mortgage loans 1. Homeowners and the Association have the right to conclude contracts on mortgage, using as collateral belonging to its premises. The partnership may make arrangements with the lender or lenders that it assumes certain obligations towards them, including the following: notify the creditor in writing about the facts, adversely affecting, or likely to have a negative impact on the physical condition of the property in a condominium and the financial position of the company;
notify, in writing, of the debts of the landlord-the owner of the mortgaged premises on payments in the total cost or any intentions of camaraderie recover a debt on a homeowner's general expenses through foreclosure on property that is mortgaged;
do not modify the relevant provisions of the Charter of the partnership without the consent of the creditor;
not to take certain action agreement relating to immovable property in a condominium, including any form of exclusion, pledge, transfer of other property rights on property, liquidation and reorganization of the company, as well as pledge or transfer of rights to future earnings or other income of the partnership;
other matters not inconsistent with this federal law, which reached camaraderie and lender.
2. the main provisions of the agreements with the lenders provide mortgage loans can be included in the Statute of the partnership as a partnership treaty obligations before any present and future lenders provide mortgage loans to the partnership or to any homeowner in a condominium.
3. the creditor that provided the loan secured by any part of the immovable property in a condominium shall have the right to check the financial records of the partnership. On request, the creditor must provide a copy of the partnership of the last financial report.
Article 44. Property insurance partnership 1. A partnership could take out insurance of property owned by him and included in the list of common property, from any kind of risk of direct physical damage, and can also carry liability insurance in order to protect the company and homeowners in the event of a lawsuit over damage caused to property or individuals at sites of common property.
2. Landlords-the owners of units in a condominium shall exercise their insurance on their own.
3. In case of damages caused by the condominium as a result of an insured event, the insurance shall be paid to the Association or designated trusted representative for later use for homeowners and mortgage lenders.
4. the amount of the insurance payments received for compensation of damage from an accident, is primarily used for reconstruction and repair of condominium, if the partnership does not take a decision to liquidate the Association. In the latter case, the beneficiary of the insurance compensation-partnership or his trusted representative distributes funds among lenders providing loans secured by real estate in condominiums, in accordance with the law. Balance after payment of other payments established by law if any split between homeowners in accordance with their shares.
Article 45. Reorganization and liquidation of partnerships 1. Reorganization and liquidation of the partnership shall be made on the basis of and pursuant to the procedure established by civil legislation.
2. the company is established in civil law cases, including the decision of the general meeting in case of physical destruction of immovable property in a condominium complex.
3. In case of liquidation of the partnership of real and other property remaining after budget payments, banks and other creditors shall be apportioned among the members of the partnership in the manner prescribed by the Charter company.
Article 46. Association partnerships 1. Two or more partnerships may create a join for the joint management of common property in condominiums. Management of such associations is carried out within the framework of the provisions of this federal law. Decision-making in such association is made by a vote of all companies included in the consolidation.
2. Company may pass a similar Association has the status of a legal person, the right to manage the common property or part of the rights specified in the statutes.
CHAPTER VI. ORGANIZATION of HOMEOWNERS ' ASSOCIATIONS in the NEWLY CREATED CONDOMINIUM Article 47. Establishment of condominium right 1. Any natural or legal person, including organs of State executive power and bodies of local self-government, or a group of persons acting in concert with the necessary building permits, have the right to build or reconstruct real estate with the aim of establishing a condominium.
2. the right of ownership to immovable property of a newly created condominium arises from the moment of State registration of the condominium.
Article 48. Education and registration of partnership at the newly created condominium Association in the newly created condominium can be formed by the customer, developer or other physical or legal person, including public authorities or bodies of local self-government, or a group of persons acting in concert who have or will have ownership of the newly created property. (As amended by the Federal law of March 21, N 31-FZ)
(Paragraph 2 excluded the Federal law from 21.03.2002 N 31-FZ) Article 49. Transfer of property rights over premises in the newly created condominium purchasers by the Treaty 1. Transfer of property rights over premises in the newly created condominium purchasers under the Treaty is possible only after the State registration of newly created condominium bodies engaged in the registration of rights to immovable property, as well as the registration of a partnership in the prescribed manner.
2. Any agreement on the alienation of the premises in the newly created condominium should include as a prerequisite of acquiring premises membership in the partnership, and the deal should be conducted in compliance with the requirements of article 13 hereof.
3. conclusion of any preliminary contract, grantor in the future to become an owner of the premises in the newly created condominium, after the registration of the partnership should include as a mandatory of the subsequent conditions of acquiring premises membership in the partnership.
Article 50. The special rights of the developer in the formation of the partnership 1. The developer can provide the Charter partnership the following special rights: to retain after the start of the sale of the premises of the right to development, for the construction or extension of additional facilities or the facilities of the common property of the newly created condominium, but for not more than three years since the establishment of the company;
set construction easement on objects of common property for exercising their rights to development;
have administrative offices for the sale and management of condominium premises belonging to the developer;
other rights consistent with the developer, do not contradict the legislation and does not discriminate against any company.
2. Any additions or changes to the Charter company, related to a particular Developer's rights, may not be amended without the consent of the developer.
Article 51. Limitation of Developer's rights 1. The right to vote in the partnership has the following limitations: following the transfer of ownership to 30 percent of units in a condominium other homeowners, in addition to the developer, at least 30 per cent of the members of the Board of Directors shall be elected by a vote of those homeowners;
following the transfer of ownership to 40 percent of units in a condominium other homeowners, in addition to the developer, at least 40 per cent of the members of the Board of Directors shall be elected by a vote of those homeowners;
After the transfer of ownership of more than 50 percent of the units in a condominium other homeowners, in addition to the developer, or two years from the date of registration of a partnership all the members of the Board of Directors shall be elected by a vote of the homeowners without the involvement of the developer.
2. election of the members of the Board of Directors shall be conducted at a general meeting of the partnership no later than 60 days after the event, resulting in the need for such elections.
Article 52. Termination of contracts of any contract for the management, operation and maintenance, employment contract, rental contract and any other contract between the partnership and the developer or its branch at a time when the developer presided over the Board of the partnership, the partnership can be terminated without penalty applied to it at any time, as the other party must be notified at least 60 days.
Article 53. The responsibility of the Builder Neither partnership nor any of the homeowners in a condominium are not liable for any claims to the partnership arising at a time when the developer presided over the Board of the company, or for any claims related to the implementation of the special rights of the developer. Developer releases Fellowship and homeowners from such claims and shall assume full responsibility.
CHAPTER VII. FINAL PROVISIONS Article 54. The entry into force of this federal law this federal law shall enter into force on the day of its official publication.
Article 55. Bringing of normative legal acts in accordance with this federal law normative legal acts of the Government of the Russian Federation, laws and other normative legal acts of the constituent entities of the Russian Federation are in compliance with this federal law within three months from the date of its entry into force.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N June 15, 1996 72-FZ