How to create a HOA.

How to create a HOA.

HOA - housing owners partnership that independently manage their home. To create a HOA, you will need 2 to 6 months. So why start?

1
It is necessary to determine the initiative group that will convince neighbors in the feasibility of creating HOA and take on the process of registration. The group should consist of at least 5 people, of which the management bodies of the partnership will be created. In addition, this will deliver duties. It is important to choose persistent, decent people to whom the neighbors will be able to trust. The best option will be the presence in the initiative group of a lawyer, a lawyer, a representative of management structures. The initiative group should initially answer a number of questions:

  • what is the purpose of creating a partnership;
  • what plans are built for the next 1, 5, 10 years;
  • how can one be achieved goals.

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2
When the goals are delivered, the methods of their achievement are indicated, they must be conveyed to neighbors. Next, you should evaluate the available assets and risks that may arise in the future. So, the assets can be considered attic, basements, other public premises. Also here refers to the house territory (most likely, it has not yet been distinguished). However, if the specified objects are already in some kind of property, they cannot be asset ash. It is also necessary to determine which there are general counters (on water, gas, electricity) - they will help to save in the future. If in recent years has not been repaired in the house, a certain amount should be gathered in the management company for these purposes.

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As for risks, they are the greater, the longer the repair was not carried out and the older building. This includes the condition of pipes, basements, walls, overlaps. Potential non-payers are an additional risk, therefore it is worth thinking about the behavior line in conversation with them. When it is decided with this question, the general opinion of residents should be made about further joint existence. There are two branches of development. Perhaps the neighbors are ready to pay more than now, receiving better services for it. But maybe this option is that tenants are satisfied with what is, and they only want to save money. From this and it is worth repelled. It is important that the opinion of all residents coincides.

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4
When all the moments are clarified, the general meeting of tenants should be held. Previously need to request the Protocols of previous meetings in the Criminal Company). About the date of the meeting should be notified by all tenants (personally under the painting, by registered letter, by posting information on the bulletin board). Next should be prepared by the Charter, the sheets of voting, agenda. The charter will stipulate the conditions for coaching, the order of election of the governing bodies. The document must comply with the current legislation.

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So, the meeting makes a decision to create a partnership. If the owners of more than half of the premises vote "for" the creation of HOA, it will be recognized as existing (for example, if the building has 3,000 sq.m., owners of more than 1,500 sq.m.) should vote. At the meeting is approved by the Charter of the Partnership, the management authorities are elected. The Chairman of the Board is determined at the general meeting or the forces of members of the Board. You can choose the board of the HOA, you can download (residents can choose candidates) or packet (votote "for" or "against" a ready-made list). Also elected the auditor and the Audit Commission. Voting may be absentia, then the sheets are spreading around apartments and are distributed to owners. The agenda should include the date of completion of the voting, the three answer options ("for", "against", "abstained") and is left to the signature. Juvenile owners can take part in the voting, but their voice can be challenged in court.

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6
After the vote, the protocol of the General Assembly is prepared. It will allow you to register HOA as a Yul. It is better that a lawyer participates in the process of creating it. The protocol indicates the initiator of the meeting, the issues considered, the method of conducting the voting and its deadlines, the percentage of votes "squares".

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Not later than 10 days from the date of the vote, the results should be announced to the participants of the meeting (the bulletin with the results is distributed through apartments or hangs on the information board). Then TSK should be registered in the tax inspection. The state duty is paid, the registration statement is written (it is notarized, the form is in the tax) in the form of P11001. Together with the statement and the charter should visit the FNS. After registration, the Board should start an account in the bank - and you can proceed to management. We can download:

7_Stati_Protokol about choosing a TLC and Manager Preparer

Counting votes better automate to avoid possible errors. This will suit, for example, the EXCEL program.

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