Requirements for the design of the charter tsn. What is an association of property owners (TSN)
"APPROVED"
decision of the constituent assembly
property owners at the address(es):
G. ______________, ___________________,
Protocol N ___ dated "___" __________ ____
CHARTER of the Association of Real Estate Owners "________________________________", _______________
1. GENERAL PROVISIONS
1.1. The Association of Real Estate Owners at: _________ ______________________________, hereinafter referred to as the "Partnership", is voluntary association citizens - owners of immovable things (real estate or several apartment buildings, residential buildings, country houses, horticultural, horticultural or country land plots etc.), created by them for the joint use of property (things), by virtue of the law being in their common ownership and (or) in common use, created in accordance with the provisions Civil Code Russian Federation, other legislative and other normative acts.
1.2. Full and short official name of the Partnership:
_______________________________________________________________;
_______________________________________________________________.
Location of the Partnership: ________________________________.
1.3. The partnership is a non-profit organization that unites the owners of real estate objects.
1.4. The partnership is created without limitation of the period of activity.
1.5. The partnership is legal entity since his state registration. The partnership has a seal with its name, current and other bank accounts, and other details.
1.6. The partnership is liable for its obligations with all its property. The Partnership is not liable for the obligations of the members of the Partnership. Members of the Partnership are not liable for the obligations of the Partnership.
2. SUBJECT AND OBJECTIVES OF THE PARTNERSHIP
2.1. To achieve the goals provided for by this Charter, the Partnership has the right to engage in economic activities. The subject of the activity of the Partnership is the joint use of property (things) that, by virtue of the law, is in their common ownership and (or) in common use, and its management in established by law limits, disposal of common property (real estate or several apartment buildings, residential buildings, country houses, horticultural, gardening or summer cottages, etc.).
The main activities of the Partnership are:
1) ensuring the joint use of common property;
3) financing of the joint use, maintenance, operation, development of common property, including acceptance of payments, payment for the services of resource-supplying, contracting organizations, execution of documents for obtaining subsidies, subsidies, attracting loans and borrowings;
4) registration of rights to real estate objects;
5) protection of common property, adjacent territory, property of real estate owners;
7) current or major repairs of real estate of owners and common property;
8) construction and reconstruction of real estate objects;
9) representation of the interests of owners and owners of premises in relations with third parties on the activities of the Partnership;
10) advising owners and owners of premises on the activities of the Partnership;
11) lease and / or use of common property, premises, facades, elements of buildings, adjacent territory;
12) maintaining a register of owners and owners of real estate;
13) __________________________________________________________________. (other activities)
The Partnership may also carry out other types of activities not prohibited by the legislation of the Russian Federation and corresponding to the goals of the Partnership.
Based on the decision of the General Meeting of Members of the Partnership, income from economic activity The partnership is used to pay general expenses or is directed to special funds spent for the purposes provided for by this Charter. Additional income may be directed to other purposes of the Partnership, provided for by these Articles of Association or the decision of the General Meeting.
3. RIGHTS AND OBLIGATIONS OF THE PARTNERSHIP
3.1. The partnership has the right:
1) to conclude, in accordance with the law, a contract for the management of common property and other agreements ensuring the management of common property;
2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property, the cost of major repairs and reconstruction, special contributions and deductions to the reserve fund, as well as expenses for other purposes established by this Chapter and the Articles of Association of the Partnership;
3) establish, on the basis of the accepted estimate of income and expenses for the year of the Partnership, the amounts of payments and contributions for each owner of real estate in accordance with his share in the right of common ownership of common property;
4) perform work and provide services to owners and owners of real estate;
5) use the loans provided by banks in the manner and on the terms provided for by law;
6) transfer material and cash persons performing work for the Partnership and providing services to the Partnership;
7) sell and transfer for temporary use, exchange property belonging to the Partnership.
3.2. In cases where this does not violate the rights and legitimate interests of owners and owners of real estate, the Partnership is also entitled to:
1) provide for use or limited use of a part of the common property;
2) in accordance with the requirements of the legislation, in accordance with the established procedure, build on, rebuild part of the common property;
3) to receive for use or to receive or acquire land plots in common shared ownership of real estate owners;
4) to carry out, in accordance with the requirements of the legislation, on behalf of and at the expense of the owners of real estate, the development of adjacent land plots;
5) conclude transactions and perform other actions that meet the goals and objectives of the Partnership;
6) insure property and objects of common property, which are managed or owned by the Partnership.
3.3. In case of non-fulfillment by the owners of real estate of their obligations to participate in the general expenses, the Partnership has the right to demand compulsory reimbursement of mandatory payments and contributions in a judicial proceeding.
3.4. The partnership may demand in court full compensation for the losses caused to it as a result of the property owners' failure to fulfill their obligations to pay mandatory payments and contributions and pay other general expenses.
3.5. The partnership is obliged:
1) ensure compliance with the requirements of the Civil Code of the Russian Federation, provisions federal laws, other regulatory legal acts, as well as the Charter of the Partnership;
2) manage common property;
3) ensure proper sanitary and technical condition common property;
4) to ensure that all owners of immovable property fulfill their obligations for the maintenance and repair of common property in accordance with their shares in the right of common ownership of this property;
5) ensure observance of the rights and legitimate interests of real estate owners when establishing the conditions and procedure for the possession, use and disposal of common property;
6) take measures necessary to prevent or stop the actions of third parties that impede the exercise of the rights of possession, use and disposal of common property by owners of immovable property or hinder this;
7) represent the legitimate interests of real estate owners related to the management of common property, including in relations with third parties;
8) fulfill, in the manner prescribed by law, obligations under contracts;
9) maintain a register of members of the Partnership.
4. ORDER OF JOINING THE MEMBERS OF THE PARTNERSHIP, EXIT FROM IT; CONTRIBUTIONS
4.1. Membership in the Partnership arises from the owner of real estate on the basis of an application for joining the Partnership.
4.2. Persons purchasing property in apartment building(or several apartment buildings, in a settlement of residential buildings, in a gardening, gardening, dacha settlement, etc.), in which the Partnership was created, have the right to become members of the Partnership after they have the right to own real estate.
4.3. Membership in the Partnership is terminated from the moment of filing an application for withdrawal from the members of the Partnership and / or from the moment of termination of the right of ownership of a member of the Partnership to real estate.
4.4. The register of members of the Partnership must contain information that allows the members of the Partnership to be identified and communicated with them, as well as information about the size of their shares in the right of common ownership of common property.
4.5. A member of the Partnership is obliged to provide the Board of the Partnership with reliable information provided for in paragraph 4.4 of this Charter, and promptly inform the Board of the Partnership about their change.
4.6. When joining the Partnership, the owner of real estate within __ (______) days from the date of submission of the application pays an entrance fee. The amount of the entrance fee is determined by the decision of the General Meeting.
4.7. Members of the Partnership systematically pay membership fees on time and in amounts determined by the estimate of income and expenses of the Partnership.
4.8. Members of the Partnership have the right to make voluntary contributions and other payments at any time.
4.9. Upon reorganization of a legal entity - a member of the Partnership or the death of a citizen - a member of the Partnership, their legal successors (heirs), purchasers of the property of a member of the Partnership under the agreement are members of the Partnership from the moment the right of ownership to the said property arises and the application is submitted.
5. PROPERTY OF THE PARTNERSHIP. FINANCING OF THE ACTIVITIES OF THE PARTNERSHIP
5.1. The Partnership may own movable property, as well as immovable property located inside or outside an apartment building (or several apartment buildings, in a settlement of residential buildings, in a gardening, gardening, summer cottage, etc.) in which the Partnership was created.
5.2. The funds of the Partnership consist of:
1) mandatory payments, entrance and other fees of members of the Partnership;
2) income from the economic activities of the Partnership aimed at achieving the goals, objectives and obligations of the Partnership;
3) subsidies for ensuring the operation of common property, carrying out current and major repairs, providing certain types utilities and other subsidies;
4) other receipts.
5.3. On the basis of the decision of the General Meeting of the members of the Partnership, special funds may be formed in the Partnership to be spent for the purposes provided for by the Charter. The procedure for the formation of special funds is determined by the General Meeting of the members of the Partnership.
5.4. The Board of the Partnership has the right to dispose of the funds of the Partnership held in a bank account in accordance with financial plan Partnerships.
5.5. To achieve the goals provided for by this Charter, the Partnership has the right to engage in economic activities.
5.6. Based on the decision of the General Meeting of members of the Partnership, income from the economic activities of the Partnership is used to pay for general expenses or directed to special funds spent for the purposes provided for by this Charter. Additional income not provided for by the estimate, by decision of the Board, may be directed to other purposes of the Partnership.
5.7. Members of the Partnership make mandatory payments and / or contributions related to the payment of expenses for the maintenance, current and major repairs of common property, as well as the payment of utilities. The procedure for making payments and contributions is approved by the Board.
5.8. Real estate owners who are not members of the Partnership pay a fee for the maintenance and management of common property, for utilities in accordance with the agreements concluded with the Partnership. Standard form The agreement is approved by the Board of the Partnership.
5.9. The share of a member of the Partnership in the right of common shared ownership of common immovable property (participation share) determines for each member of the Partnership his share in obligatory payments for the maintenance and repair of this property, and other general expenses.
5.10. Non-use by a member of the Partnership of his real estate or refusal to use the common property is not a basis for releasing the homeowner in whole or in part from participating in the general costs of maintaining and repairing the common property.
6. RIGHTS OF MEMBERS OF THE PARTNERSHIP
6.1. A member of the Partnership has the right:
6.1.1. Independently, without agreement with other members of the Partnership, dispose of the property belonging to him.
6.1.2. Participate in the activities of the Partnership both personally and through his representative, as well as elect and be elected to the management bodies of the Partnership.
6.1.3. Make proposals for improving the activities of the Partnership, eliminating shortcomings in the work of its bodies.
6.1.4. Reimburse at the expense of the Partnership the expenses incurred in connection with the prevention of damage to common property.
6.1.5. Receive from the Board, the Chairman of the Board of the Partnership, the audit commission (auditor) data on the activities of the Partnership, the state of its property and expenses incurred.
6.1.6. Make payments for utilities through the settlement account of the Partnership, if such a decision is made by the General Meeting of the members of the Partnership.
6.1.7. Use, own, dispose of real estate belonging to him.
6.1.8. Attend meetings of the Board of the Partnership.
6.1.9. Exercise other rights provided by legislative and other regulations by this Statute.
6.2. The rights of a member of the Partnership for the owners of the premises arise from the moment they become members of the Partnership.
6.3. Rights of members of the Partnership and non-members of the Partnership of Property Owners:
6.3.1. Members of the Partnership and property owners who are not members of the Partnership have the right to receive information from the management bodies of the Partnership about the activities of the Partnership in the manner and to the extent established by the Charter of the Partnership, to appeal in court decisions of the management bodies of the Partnership.
6.3.2. Members of the Partnership and property owners who are not members of the Partnership have the right to make demands on the Partnership regarding the quality of the services provided and (or) the work performed.
6.3.3. Members of the Partnership and owners of real estate who are not members of the Partnership have the right to familiarize themselves with the following documents:
1) the Charter of the Partnership, amendments made to the Charter, certificate of state registration of the Partnership;
2) the register of members of the Partnership;
3) accounting (financial) statements of the Partnership, estimates of income and expenses of the Partnership for the year, reports on the execution of such estimates, audit reports (in the event of audits);
4) conclusions of the audit commission (auditor) of the Partnership;
5) documents confirming the Partnership's rights to property reflected on its balance sheet;
6) minutes of the General Meetings of the members of the Partnership, meetings of the Board of the Partnership and the Audit Commission of the Partnership;
7) documents confirming the results of voting at the General Meeting of Members of the Partnership, including voting ballots, powers of attorney for voting or copies of such powers of attorney, as well as in writing decisions of real estate owners on issues put to a vote during the General Meeting of Real Estate Owners in the form of absentee voting;
8) technical documentation for an apartment building (or several apartment buildings, settlements of residential buildings, gardening, gardening, summer cottages, etc.) in which the Partnership was created, and other documents related to the management of this house;
9) other internal documents of the Partnership provided for by the Civil Code of the Russian Federation, the Articles of Association of the Partnership and decisions of the General Meeting of Members of the Partnership.
7. DUTIES AND RESPONSIBILITIES OF THE MEMBERS OF THE PARTNERSHIP
7.1. A member of the Association is obliged:
Use real estate for its intended purpose, subject to the restrictions established by applicable law;
Use common property objects only for their intended purpose, without violating the rights and interests of other owners in using these objects;
Fulfill the legal requirements of this Charter, decisions of the General Meeting of the members of the Partnership, the Board of the Partnership, the Chairman of the Board of the Partnership;
Be liable for violation of obligations to manage the Partnership and/or to pay membership fees;
Comply with the technical, fire-prevention and sanitary rules for the maintenance of apartment buildings (or several apartment buildings, settlements of residential buildings, gardening, gardening, summer cottages, etc.) in which the Partnership was created, and the adjacent territory;
Participate in expenses and ensure the payment of contributions necessary to cover the costs associated with the construction, reconstruction, maintenance, current and major repairs of common property, pay utility bills in a timely manner, make targeted contributions and special fees in the amount established by the General Meeting of members of the Partnership. To make regular payments, contributions and fees no later than _____ of the month following the settlement month;
Take independently without appropriate agreement with the Management Board and the General Meeting of the Partnership the necessary measures to prevent damage to objects of common property;
Provide access to authorized persons to real estate if it is necessary to maintain it in proper condition or if it is necessary to restore common property or to prevent possible damage that may be caused to real estate;
Eliminate at its own expense the damage caused to the property of other owners or owners of real estate or the common property of the members of the Partnership by him personally, as well as by any other persons using real estate in accordance with the agreements.
7.2. A member of the Partnership (or his representative) who alienates real estate owned by him is obliged, in addition to the documents established by civil law, to submit to the acquirer the following documents:
A copy of the Articles of Association of the Partnership and information about its obligations to the Partnership;
Data on the presence or absence of arrears in payment of expenses for the maintenance of real estate and common property;
Information about common property insurance;
Data of the current estimate and financial report for the previous period of the Partnership;
Details of any known capital expenditures that the Partnership plans to make over the next two years.
7.3. A member of the Partnership who systematically fails to perform or improperly performs his duties or interferes with the achievement of the goals of the Partnership by his actions may be held administratively or civilly liable in the manner prescribed by law and this Charter.
8. GOVERNING BODIES
8.1. General meeting members of the Partnership is the supreme management body of the Partnership and is convened in the manner prescribed by this Charter.
8.2. The exclusive competence of the General Meeting of members of the Partnership includes:
1) determination of priority areas of activity of the Partnership, principles of formation and use of its property;
2) adoption and amendment of the Charter of the Partnership;
3) determination of the procedure for admission to the membership of the Partnership and exclusion from among its members, except when such procedure is determined by law;
4) election of the members of the Board of the Partnership, and in the cases provided for by this Charter, also the Chairman of the Board of the Partnership from among the members of the Board of the Partnership, early termination of their powers;
5) approval of the annual reports and balance sheets of the Partnership, unless the charter of the Partnership in accordance with the law refers it to the competence of other collegiate bodies partnerships;
6) making decisions on the creation of other legal entities by the Partnership;
7) making decisions on the participation of the Partnership in other legal entities and on the establishment of branches and opening representative offices of the Partnership;
8) making decisions on the reorganization and liquidation of the Partnership, on the appointment liquidation commission(liquidator) and on approval of the liquidation balance sheet;
9) election of the audit commission (auditor) and appointment of an audit organization or an individual auditor ( professional auditor) Partnerships;
10) setting the amount of mandatory payments and contributions for members of the Partnership;
11) approval of the procedure for the formation of the reserve fund of the Partnership, other special funds of the Partnership (including funds for current and major repairs of common property) and their use, as well as approval of reports on the use of such funds;
12) making a decision on obtaining borrowed funds, including bank loans;
13) determination of directions for the use of income from the economic activity of the Partnership;
14) approval of the annual plan for the maintenance and repair of common property, a report on the implementation of such a plan;
15) approval of estimates of income and expenses of the Partnership for the year, reports on the execution of such estimates, audit reports (in the event of audits);
16) approval of the annual report on the activities of the Board of the Partnership;
17) consideration of complaints against the actions of the Board of the Partnership, the Chairman of the Board of the Partnership and the audit commission (auditor) of the Partnership;
18) adoption and change, upon the recommendation of the Chairman of the Board of the Partnership, of the internal regulations of the Partnership in relation to employees whose duties include the maintenance and repair of common property, provisions on remuneration for their labor, approval of other internal documents of the Partnership by the Charter of the Partnership and decisions of the General Meeting of members of the Partnership;
19) determining the amount of remuneration for members of the Board of the Partnership, including the Chairman of the Board of the Partnership;
20) other issues provided for by federal laws.
8.3. The general meeting of members of the Partnership has the right to resolve issues that fall within the competence of the Board of the Partnership.
8.4. Notice of the General Meeting of the Partnership members shall be sent in writing by the person on whose initiative the General Meeting is convened, and handed over to each member of the Partnership against receipt or by means of postal item (by registered mail). The notification shall be sent no later than ten days before the date of the General Meeting.
8.5. The notice of the General Meeting of the members of the Partnership shall contain information about the person on whose initiative the General Meeting is convened, the place and time of the meeting, the agenda of the General Meeting. The general meeting of members of the Partnership is not entitled to bring up for discussion issues that were not included in the agenda.
8.6. The general meeting of the members of the Partnership is competent if it is attended by the members of the Partnership or their representatives, who have more than fifty percent of the votes of the total number of votes of the members of the Partnership.
8.7. Decisions of the General Meeting of members of the Partnership on subparagraphs 2, 4, 6, 7, 8, 9, 10 of paragraph 8.2 of this Charter are taken by at least two-thirds of the votes of the total number of votes of members of the Partnership. Decisions on other issues are made by a majority vote of the total number of votes of the members of the Partnership present at the General Meeting or their representatives.
8.8. The general meeting of members of the Partnership is chaired by the Chairman of the Board of the Partnership or his deputy. In their absence, the General Meeting is chaired by one of the members of the Board of the Partnership.
8.9. The decision of the General Meeting of members of the Partnership may be taken by absentee voting in the following order: _______________. (via e-mail, mail, etc.)
8.11. If the property is owned by several owners on the basis of common ownership, they may decide on one of them representing their common interests in the Partnership.
9. BOARD OF THE PARTNERSHIP. CHAIRMAN OF THE BOARD OF THE PARTNERSHIP
9.1. The Board of the Partnership is executive body Partnership, accountable to the General Meeting of members of the Partnership. The management of the Partnership is carried out by the Board of the Partnership.
9.2. The Board of the Partnership has the right to make decisions on all issues of the Partnership, with the exception of issues related to the exclusive competence of the General Meeting of Property Owners and the competence of the General Meeting of Members of the Partnership.
9.3. The Board of the Partnership consisting of _____ people is elected from among the members of the Partnership by the General Meeting of the members of the Partnership for 2 (two) years.
9.4. It is not allowed for a member of the Management Board to delegate his powers to another person.
9.5. A member of the Management Board of the Partnership cannot be a person with whom the Partnership has concluded a common property management agreement, or a person holding a position in the management bodies of the organization with whom the Partnership has concluded this agreement, as well as a member of the audit commission (auditor) of the Partnership. A member of the Board of the Partnership cannot combine his activities in the Board of the Partnership with work in the Partnership for employment contract, as well as entrust, trust another person or otherwise entrust him with the performance of his duties as a member of the Board of the Partnership.
9.6. The Chairman of the Board of the Partnership at least once every three months, according to the schedule, convenes meetings of the Board of the Partnership.
The first meeting of the Board, organized after the annual General Meeting of the members of the Partnership, is held no later than 10 days after the meeting.
Regular meetings of the Board may be scheduled or called by the Chairman of the Board of the Partnership at a time and place to be determined from time to time by a majority of the members of the Board.
If meetings are not held according to the schedule, notices of them must be sent to each member of the Board by mail or delivered in person no later than three business days before the date of the meeting.
Members of the Partnership have the right to freely attend any meeting of the Board.
9.7. The Board of the Partnership is authorized to make decisions if at least fifty percent of the total number of members of the Board of the Partnership is present at the meeting of the Board of the Partnership.
Decisions of the Board of the Partnership are made by a simple majority of votes of the total number of votes of the members of the Board present at the meeting, unless a larger number of votes for making such decisions is provided for by this Charter.
The decisions taken by the Board of the Partnership are documented in the minutes of the meeting of the Board of the Partnership and signed by the Chairman of the Board of the Partnership, the secretary of the meeting of the Board of the Partnership.
9.8. The duties of the Board of the Partnership include:
1) ensuring that the Partnership complies with the law and the requirements of the Charter of the Partnership;
2) control over the timely payment by the members of the Partnership of the established mandatory payments and contributions;
3) drawing up estimates of income and expenses for the corresponding year of the Partnership and reports on financial activities, providing them to the General Meeting of Members of the Partnership for approval;
4) management of common property or conclusion of contracts for its management;
5) hiring employees for maintenance of common property and their dismissal;
6) conclusion of contracts for the maintenance, operation and repair of common property;
7) maintenance of the register of members of the Partnership, office work, accounting and financial reporting;
8) convening and holding the General Meeting of the members of the Partnership;
9) performance of other duties arising from this Charter.
9.9. The Chairman of the Board of the Partnership ensures the implementation of the decisions of the Board, has the right to give instructions and orders to all officials Partnerships, the execution of which is mandatory for the specified persons.
9.10. The Chairman of the Board of the Partnership is elected by the General Meeting of the members of the Partnership from the Board of the Partnership for a period of __ (___) years.
9.11. The Chairman of the Board of the Partnership acts without a power of attorney on behalf of the Partnership, signs payment documents and makes transactions that, in accordance with the law, the charter of the Partnership, do not require mandatory approval by the Board of the Partnership or the General Meeting of Members of the Partnership, develops and submits for approval by the General Meeting of Members of the Partnership the internal regulations of the Partnership in relation to employees whose duties include the maintenance and repair of common property, the regulation on the payment of their labor, the approval of other internal documents of the Partnership provided for by the Civil Code of the Russian Federation, the charter of the Partnership and decisions of the General Meeting of members of the Partnership.
9.12. When entering into an agreement with managing organization The Board of the Partnership transfers its functions to this managing organization.
10. AUDIT COMMISSION (AUDITOR) OF THE PARTNERSHIP
10.1. Audit committee(Auditor) of the Partnership is elected by the General Meeting of the members of the Partnership for no more than two years. Members of the Board of the Partnership cannot be members of the Audit Commission of the Partnership.
10.2. The Audit Commission of the Partnership elects the Chairman of the Audit Commission from among its members.
10.3. Audit Commission (Auditor) of the Partnership:
1) conducts audits of the financial activities of the Partnership at least once a year;
2) submits to the General Meeting of Members of the Partnership an opinion on the results of the audit of the annual accounting (financial) statements of the Partnership;
3) submits to the General Meeting of members of the Partnership a conclusion on the estimate of income and expenses for the corresponding year of the Partnership and a report on financial activities and the amount of mandatory payments and contributions;
4) reports to the General Meeting of the members of the Partnership on its activities.
11. REORGANIZATION AND LIQUIDATION OF THE PARTNERSHIP
11.1. The reorganization of the Partnership is carried out on the basis and in the manner established by civil law.
11.2. The partnership can be transformed into a consumer cooperative.
11.3. The liquidation of the Partnership is carried out on the basis and in the manner established by civil law.
The general meeting of real estate owners is obliged to decide on the liquidation of the Partnership if the members of the Partnership do not have more than fifty percent of the votes of the total number of votes of the real estate owners.
11.4. Upon liquidation of the Partnership, real estate and other property remaining after settlements with the budget, banks and other creditors are distributed among the members of the Partnership in proportion to their share in the Partnership.
- The application must be submitted and addressed to tax office at the location of TSN. If the application and the package of documents to it are submitted to the wrong tax authority, then a decision will be made on them to refuse state registration, while the documents and the receipt of payment of the fee will not be returned. And for subsequent registration, all documents must be prepared again and re-pay the state fee in the amount of 4,000 rubles, as well as notary services;
- If the applicant's signature is not certified by a notary on the third sheet of the application, then a decision is also made on the basis of such an application to refuse registration of the TSN. For registration, the presence of all the above documents is required. The absence of any of them entitles the tax authority to make a decision to refuse state registration;
- All information in each document must be true. Both the name and address of the TSN specified in the application for registration, in the Charter and in the protocol must be the same. The content of the Charter should not contradict the law. All decisions of the meeting must be made and executed in accordance with the requirements of the Housing Code of the Russian Federation;
- If the state duty is paid to the wrong details, or a copy of the receipt is attached, and not the original, then the state duty is considered not paid, and according to the package of documents, the registrar makes a decision to refuse state registration;
- It is very important to draw up documents correctly: each document consisting of more than one sheet must be stitched, numbered. The number of sheets in the document is confirmed by the signature of the applicant or a notary on the back of the last sheet of the document at the place of its firmware. Corrections in the text of the submitted documents are not allowed, dashes are put in the blank columns, blank sheets of the P11001 form are not attached.
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
Registration: 09/05/14 Messages: 660 Acknowledgments: 527
12.3. Audit Commission (Auditor) of the Partnership:
Posting completed.
On July 29, 2017, Federal Law No. 217-FZ was adopted, which establishes new rules for the creation and operation of TSN, SNT, DNT. If you do not understand the difference between these partnerships, we recommend reading .
Please note that Law 217-FZ comes into force from 01 January 2019. Before the onset of 2019, it is impossible to bring the charter in line with Law 217-FZ, because the law is not yet in force, it is impossible to refer to it, it is not legally applicable. Do not believe the proposals on the Internet to make a charter for 217-FZ before the law comes into force!
The service offered on this page is relevant from 2019. If you need to take new charter in 2018, we will be able to include in your charter only those provisions of Law 217-FZ that do not contradict current legislation. But this will not be bringing the charter in line with Law 217-FZ, such a charter will still become obsolete in January 2019.
We can start working in advance, from November-December 2018, so that there is time to hold a general meeting of the members of the partnership and approve the charter by January. It is possible that there will be a rush in December-January, so to us in advance!
We have offices in Moscow, Krasnogorsk and Kaluga, but we work remotely with partnerships throughout Russia. You can pay for our services from any corner of our country in the ways indicated .
ORDER CHARTER OF TSN FROM LAWYERS OR DOWNLOAD FROM THE INTERNET?
This question is asked by many who want to change the charter in TSN, SNT, DNT. The charter is a document that should not rewrite the law, but supplement it. Only a professional lawyer in this area can correctly supplement the charter, otherwise the owners can write a lot of insignificant and illegal provisions there, receive fines from government agencies and even lose because of this in court.
Our duty is to warn you against mistakes and offer qualified assistance. The charter is the "face" of the partnership, so it must be legally competent and impeccably executed.
PRICE OF THE NEW CHARTER UNDER 217-FZ AND THE TERMS OF ITS DEVELOPMENT
In September-October 2018, the lawyers of our company plan to develop their own form of charter, which will fully comply with the new legislation, supplement it and correct obvious shortcomings. The charter will be beautifully designed and drafted, have content, it will be easy and pleasant to read, it will contain additional provisions on the rules for processing the personal data of owners, on how to notify about meetings, on the prevention of corporate conflicts and "corporate terrorism", and much more. . The approximate volume of the charter will be 20 A4 sheets.
The price of a new charter using our developments is 8 000 rubles. We sell not a form, but ready charter under your partnership, taking into account your wishes and characteristics of the partnership, we attach a cover letter explaining the ideas that are incorporated in this charter. This cost includes answers to all related questions, as well as the approval of the amendments that you want to make to the charter. Staged payment is possible, the term for providing you with a charter is 1 day from the date of payment.
It is also possible to bring your charter in line with Law 217-FZ. The amount of work in this case is very large: you need to make up, formalize, bring it into line with the Civil Code of the Russian Federation, then in line with Law 217-FZ, exclude from your charter insignificant and contrary to the law points, all this should be explained in writing in a cover letter. Service delivery time is up to 10 business days. Price - 16 000 rubles, payment in installments is possible. It is more profitable to order our charter form and add the features you want to it.
IS RE-REGISTRATION OF DNT, SNT IN TSN MANDATORY?
Law 217-FZ abolishes DNT as an organizational and legal form. However, DNT is one of the types of TSN in accordance with Article 123.12 of the Civil Code of the Russian Federation. The same type of TSN are ONT and SNT.
Federal Law No. 99-FZ of 05 May 2014 on amending Chapter 4 of Part One of the Civil Code of the Russian Federation and on invalidating certain provisions of legislative acts of the Russian Federation governs the issues of re-registration of DNT, SNT, ONT in TSN, and Law 217-FZ does not cancel the obligation to re-register with TSN.
According to part 8 of Article 3 of Federal Law No. 99, from the date of entry into force of this Federal Law, the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law) shall be applied to legal entities created before the date of its entry into force: clause 6: to partnerships of owners housing, horticultural, gardening and dacha non-profit partnerships - on partnerships of property owners (Articles 123.12 - 123.14 of the Civil Code of the Russian Federation).
Approved
General meeting of owners
Premises in an apartment building
Minutes [N] from [day month, year]
1. General Provisions
1.1. The Association of Real Estate Owners [name] (hereinafter also referred to as TSN) is a non-profit corporate organization and was created by the owners of residential and non-residential premises in apartment building N [value] on [name of street, avenue, etc.] in [name of locality] in accordance with the provisions of the Civil Code of the Russian Federation, the Housing Code of the Russian Federation and other regulatory legal acts.
1.2. Full name: Association of Real Estate Owners [name].
Abbreviated name: TSN [name].
1.3. Location of TSN: [address].
1.4. A partnership of real estate owners is created without limitation of the period of activity.
1.5. The partnership of real estate owners is a legal entity from the moment of its state registration.
1.6. The partnership of real estate owners has a seal with its name, current and other bank accounts, and other details.
1.7. The partnership of real estate owners is liable for its obligations with all the property belonging to it. The Association of Real Estate Owners is not liable for the obligations of the members of the Association. Members of the Association of Property Owners are not liable for the obligations of the Association.
2. Objectives and activities of the association of property owners
2.1. The Association of Real Estate Owners was established for the following purposes:
Joint possession, use and, within the limits established by law, the disposal of property (things) that, by virtue of the law, are in common ownership or in common use of members of the TSN;
Joint management of common property;
Carrying out activities to create, maintain, preserve and increase such property;
Provision of public services established by law persons;
Carrying out other activities aimed at joint possession, use and disposal of common property.
2.2. To achieve the goals provided for by this Charter, the Association of Real Estate Owners has the right to engage in economic activities.
2.3. The Association of Real Estate Owners may engage in the following types of economic activities:
1) maintenance, operation and repair of real estate in an apartment building;
2) construction of additional premises and objects of common property in an apartment building;
3) leasing, renting a part of the common property in an apartment building.
2.4. Based on the decision of the general meeting of the members of the Association of Real Estate Owners, income from the economic activity of the Partnership is used to pay for general expenses or directed to special funds spent for the purposes provided for by the Articles of Association of the Partnership.
3. Rights and obligations of the association of real estate owners
3.1. The Association of Real Estate Owners has the right to:
1) conclude, in accordance with the law, an agreement on the management of an apartment building and other agreements that ensure the management of an apartment building, including the maintenance and repair of common property in an apartment building, contracts;
2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property in an apartment building, the cost of major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as other expenses established by this Charter goals;
3) establish, on the basis of the accepted estimate of income and expenses for the year of the Partnership, the amounts of payments and contributions for each owner of premises in an apartment building in accordance with his share in the right of common ownership of common property in an apartment building;
4) perform work for the owners of premises in an apartment building and provide services to them;
5) use the loans provided by banks in the manner and on the terms provided for by law;
6) transfer material and monetary resources under the agreement to persons performing work for the Partnership and providing services to the Partnership;
7) sell and transfer for temporary use, exchange property belonging to the Partnership.
3.2. In cases where this does not violate the rights and legitimate interests of the owners of premises in an apartment building, the Association of Real Estate Owners has the right to:
1) provide for use or limited use of a part of the common property in an apartment building;
2) in accordance with the requirements of the legislation, in accordance with the established procedure, build on, rebuild part of the common property in an apartment building;
3) to receive for use or to receive or acquire in common shared ownership of the owners of premises in an apartment building land plots for housing construction, construction of utility and other buildings and their further operation;
4) to carry out, in accordance with the requirements of the law, on behalf of and at the expense of the owners of premises in an apartment building, the development of allocated land plots adjacent to such a house;
5) conclude transactions and perform other actions that meet the goals and objectives of the Partnership.
3.3. In the event that the owners of premises in an apartment building fail to fulfill their obligations to participate in the general expenses, the Association of Real Estate Owners has the right to demand compulsory reimbursement of mandatory payments and contributions in court.
3.4. The partnership of real estate owners may demand in court full compensation for the losses caused to it as a result of the non-fulfillment by the owners of premises in an apartment building of obligations to pay mandatory payments and contributions and pay other general expenses.
3.5. The Association of Real Estate Owners is obliged to:
1) ensure compliance with the requirements of the Housing Code of the Russian Federation, the provisions of other federal laws, other regulatory legal acts, as well as the Articles of Association of the Partnership;
2) manage an apartment building in the manner prescribed by the Housing Code of the Russian Federation;
3) fulfill, in the manner prescribed by law, obligations under the contract;
4) ensure the proper sanitary and technical condition of common property in an apartment building;
5) ensure the fulfillment by all owners of premises in an apartment building of obligations for the maintenance and repair of common property in an apartment building in accordance with their shares in the right of common ownership of this property;
6) ensure observance of the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for the possession, use and disposal of common property;
7) take measures necessary to prevent or stop the actions of third parties that impede the exercise of the rights of possession, use and, within the limits established by law, the disposal of owners of premises with common property in an apartment building or hinder this;
8) represent the legitimate interests of owners of premises in an apartment building related to the management of common property in this building, including in relations with third parties;
9) keep a register of members of the partnership and annually during the first quarter of the current year send a copy of this register to the bodies of state housing supervision.
The register of members of the Association of Real Estate Owners must contain information that allows to identify the members of the Association and communicate with them, as well as information on the size of their shares in the right of common ownership of common property in an apartment building;
10) submit to the state housing supervision authorities within three months from the date of state registration of the amendments made to the Charter of the Partnership, certified by the Chairman of the Partnership and the secretary of the General Meeting of Members of the Partnership, a copy of the Charter of the Partnership, an extract from the minutes of the General Meeting of Members of the Partnership on the decision to amend the Charter of the Partnership with the attachment of copies of the texts of the relevant changes certified by the Chairman of the Partnership and the secretary of the General Meeting of the members of the Partnership.
11) Create unions (association, union) of partnerships of property owners with other TSN to represent and protect common interests.
4. Membership in a partnership of real estate owners
4.1. Membership in the Association of Real Estate Owners arises from the owner of premises in an apartment building on the basis of an application for joining the Association of Real Estate Owners.
4.2. Persons acquiring premises in the house where the TSN is created are entitled to become members of the Partnership after they acquire the right of ownership to the premises.
4.3. Membership in the Partnership of Real Estate Owners is terminated from the moment of filing an application for withdrawal from the members of the Partnership or from the moment of termination of the right of ownership of a member of the Partnership to premises in an apartment building.
4.4. A member of the Association of Real Estate Owners is obliged to provide the Board of the Association with reliable information that allows to identify the members of the Partnership and communicate with them, as well as information on the size of their shares in the right of common ownership of common property in an apartment building, and promptly inform the Board of the Partnership about their change.
5. Rights of members of the association of owners of real estate and non-members of the association of owners of premises in an apartment building
5.1. Members of the Association of Real Estate Owners and owners of premises in an apartment building who are not members of the Association have the right to receive information from the management bodies of the partnership about the activities of the partnership in the manner and to the extent established by the Housing Code of the Russian Federation and the Articles of Association of the Partnership, to appeal in court decisions of the management bodies of the Partnership.
5.2. Members of the Association of Real Estate Owners and owners of premises in an apartment building who are not members of the Association have the right to make demands on the Association regarding the quality of services provided and (or) work performed.
5.3. Members of the Association of Real Estate Owners and owners of premises in an apartment building who are not members of the Association have the right to familiarize themselves with the following documents:
1) the Articles of Association of the Partnership, amendments made to the Charter, certificate of state registration of the Partnership;
2) register of members of the Partnership;
3) accounting (financial) statements of the Partnership, estimates of income and expenses of the Partnership for the year, reports on the execution of such estimates, audit reports (in case of audits);
4) conclusions of the audit commission (auditor) of the Partnership;
5) documents confirming the Partnership's rights to property reflected on its balance sheet;
6) minutes of general meetings of members of the Partnership, meetings of the Board of the Partnership and the Audit Commission of the Partnership;
7) documents confirming the results of voting at the general meeting of members of the Partnership, including voting ballots, powers of attorney for voting or copies of such powers of attorney, as well as written decisions of the owners of premises in an apartment building on issues put to vote during the general meeting owners of premises in an apartment building in the form of absentee voting;
8) technical documentation for an apartment building and other documents related to the management of this house;
9) other internal documents of the Partnership provided for by the Housing Code of the Russian Federation, the Articles of Association and decisions of the General Meeting of Members of the Partnership.
6. Common property of owners of premises in an apartment building
6.1. The owners of premises in an apartment building own the common property in an apartment building on the basis of common shared ownership, namely:
1) premises in this house that are not part of apartments and are intended to serve more than one room in this house, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements, in which there are engineering communications, other equipment serving more than one room in this house (technical basements);
2) other premises in this house that do not belong to individual owners and are intended to meet the social and living needs of the owners of premises in this house, including premises intended for organizing their leisure, cultural development, children's creativity, classes physical education and sports and similar events;
3) roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one room;
4) the land plot on which this house is located, with elements of gardening and improvement, other objects intended for maintenance, operation and improvement of this house and located on the specified land plot.
6.2. The owners of premises in an apartment building own, use and, within the limits established by housing and civil legislation, dispose of common property in an apartment building.
6.3. Reducing the size of common property in an apartment building is possible only with the consent of all the owners of the premises in this house through its reconstruction.
6.4. The land plot on which the apartment building is located may be encumbered with the right of limited use by other persons.
In the event of destruction, including accidental death, demolition of an apartment building, the owners of premises in an apartment building retain a share in the right of common shared ownership of the land plot on which this house was located, with landscaping and landscaping elements and other intended for maintenance, operation and landscaping. of this house, objects located on the specified land plot, in accordance with the share in the right of common shared ownership of common property in an apartment building at the time of destruction, including accidental death, demolition of such a house.
6.5. The share in the right of common ownership of common property in an apartment building of the owner of the premises in this house is proportional to the size of the total area of the specified premises.
The share in the right of common ownership of the common property in an apartment building of the owner of the premises in this house follows the fate of the ownership of the said premises.
Upon the transfer of ownership of a premise in an apartment building, the share in the common ownership of the common property in this house of the new owner of such premises is equal to the share in the common ownership of the said common property of the previous owner of such premises.
6.6. The owner of premises in an apartment building is not entitled to:
1) to carry out a division in kind of his share in the right of common ownership of common property in an apartment building;
2) alienate his share in the right of common ownership of common property in an apartment building, as well as perform other actions that entail the transfer of this share separately from the ownership of the said premises.
6.7. The owners of premises in an apartment building bear the burden of maintaining the common property in an apartment building.
6.8. The share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises in such a house, is determined by the share in the right of common ownership of common property in such a house of the specified owner.
7. Management bodies of the partnership of real estate owners
7.1. The governing bodies of the association of real estate owners are:
General meeting of members of the partnership;
The permanent collegial executive body is the Board of the partnership;
The sole executive body is the Chairman of the Board.
8. General meeting of members of the association of property owners
8.1. The general meeting of members of the Association of Real Estate Owners is the supreme governing body of the Partnership and is convened in the manner prescribed by this Charter.
8.2. The competence of the general meeting of members of the Association of Real Estate Owners includes:
1) amendments to the Charter of the Partnership or approval of the Charter of the Partnership in a new edition;
2) making decisions on the reorganization and liquidation of the Partnership, appointing a liquidation commission, approving interim and final liquidation balance sheets;
3) election of members of the Board of the Partnership, Chairman of the Board of the Partnership from among the members of the Board of the Partnership, members of the Audit Commission (Auditor) of the Partnership, early termination of their powers;
4) setting the amount of mandatory payments and contributions of members of the Partnership;
5) approval of the procedure for the formation of the reserve fund of the Partnership, other special funds of the Partnership (including funds for current and major repairs of common property in an apartment building) and their use, as well as approval of reports on the use of such funds;
6) making a decision on obtaining borrowed funds, including bank loans;
7) determination of directions for the use of income from the economic activities of the Partnership;
8) approval of the annual plan for the maintenance and repair of common property in an apartment building, a report on the implementation of such a plan;
9) approval of estimates of income and expenses of the Partnership for the year, reports on the execution of such estimates, audit reports (in the event of audits);
10) approval of the annual report on the activities of the Management Board of the partnership;
11) approval of the opinion of the Audit Commission (Auditor) of the Partnership based on the results of the audit of the annual accounting (financial) statements of the Partnership;
12) consideration of complaints against the actions of the Board of the Partnership, the Chairman of the Board of the Partnership and the Audit Commission (Auditor) of the Partnership;
13) adoption and change, on the proposal of the Chairman of the Board of the Partnership, of the internal regulations of the Partnership in relation to employees whose duties include maintenance and repair of common property in an apartment building, provisions on remuneration for their work, approval of other internal documents of the Partnership provided for by the Housing Code, the Charter of the Partnership and decisions of the general meeting of members of the Partnership;
14) determining the amount of remuneration for members of the Board of the Partnership, including the Chairman of the Board of the Partnership;
15) other issues provided for by the Housing Code or other federal laws.
8.3. The general meeting of members of the Association of Real Estate Owners has the right to resolve issues that fall within the competence of the Board of the Association.
8.4. The notice of the general meeting of the members of the Association of Real Estate Owners shall be sent in writing by the person on whose initiative the general meeting is convened, and handed over to each member of the Association against receipt or by mail (registered mail) or placed in the premises of an apartment building, determined by such a decision of the general meeting TSN members and available to all owners of premises in this building.
The notice shall be sent no later than ten days before the date of the general meeting.
8.5. The notice of the general meeting of members of the Association of Real Estate Owners shall contain information about the person on whose initiative the general meeting is convened, the place and time of the meeting, the agenda of the general meeting. The general meeting of members of the Association of Real Estate Owners is not entitled to discuss issues that were not included in the agenda.
8.6. The next general meeting of members of the Association of Real Estate Owners is held [specify the date]. The next general meeting of the Association of Real Estate Owners is convened by the Board of the Association.
8.7. The general meetings of TSN members held in addition to the annual general meeting are extraordinary. An extraordinary general meeting of TSN members may be convened at the initiative of any member of the Association of Property Owners.
8.8. The general meeting of the members of the Association of Real Estate Owners is competent if it is attended by members of the Association or their representatives, who have more than fifty percent of the votes of the total number of votes of the members of the Partnership.
In the absence of a quorum for holding the annual general meeting of members of the Association of Real Estate Owners, a repeated general meeting of members of the Association of Real Estate Owners must be held.
8.9. Decisions of the General Meeting of Members of the Association of Real Estate Owners on issues referred by the Housing Code of the Russian Federation to the competence of the general meeting in accordance with paragraphs subparagraphs 2, 6 and 7 of paragraph 8.2 of this Charter are taken by at least two-thirds of the total number of votes of the members of the Partnership. Decisions on other issues are made by a majority vote of the total number of votes of the members of the Partnership present at the general meeting or their representatives.
8.10. The general meeting of members of the Association of Real Estate Owners is chaired by the Chairman of the Board of the Association or his deputy. In their absence, the general meeting is chaired by one of the members of the Board of the Partnership.
8.11. Decisions adopted by the general meeting of members of the Association of Real Estate Owners, as well as the voting results, are brought to the attention of the owners of premises in this house by the Chairman of the Board, by posting an appropriate notice about this in the premises of this house, accessible to all owners of premises in this house, no later than ten days from the date of these decisions.
8.12. Minutes of general meetings of members of the Association of Real Estate Owners and decisions on issues put to a vote are kept by the Chairman of the Board of TSN at the address: [fill in the appropriate].
8.13. The decision of the general meeting of members of the Association of Real Estate Owners, adopted on issues within the competence of such a meeting, is binding on all owners of premises in an apartment building, including those owners who did not vote.
8.14. If during the general meeting of the members of the Association of Real Estate Owners by the joint presence of its members to discuss the issues on the agenda and make decisions on the issues put to the vote, such a general meeting did not have the quorum specified in paragraph 8.8 of this Charter, then the decision of the general meeting of members Associations of real estate owners with the same agenda can be adopted by absentee voting (transfer to the place or address indicated in the notice of the general meeting of members of the TSN, written decisions of the owners on the issues put to the vote).
8.15. Those who took part in the general meeting of owners of premises in an apartment building, held in the form of absentee voting, are considered members of the TSN, whose decisions were received before the deadline for their acceptance.
8.17. The representative of a TSN member at the general meeting of members of the Association of Real Estate Owners acts on the basis of a power of attorney for voting drawn up in writing. The power of attorney for voting must contain information about the represented person and his representative (name or designation, place of residence or location, passport data) and must be drawn up in accordance with the requirements of Article 185.1 of the Civil Code of the Russian Federation or certified by a notary.
8.19. Voting on the agenda of the general meeting of members of the Association of Real Estate Owners may be carried out by means of written decisions of the owners on the issues put to the vote.
8.20. Voting on the agenda of the general meeting of members of the partnership of real estate owners, held in the form of absentee voting, is carried out only through written decisions of TSN members on issues put to a vote.
9. Board of the Association of Real Estate Owners
9.1. The management of the activities of the Association of Real Estate Owners is carried out by the Board of the Association. The Board of the Association of Real Estate Owners has the right to make decisions on all issues of the Partnership, with the exception of issues referred to the exclusive competence of the General Meeting of Owners of Premises in an apartment building and the competence of the general meeting of members of the Association of Real Estate Owners.
9.2. The Board of the Partnership of Property Owners is elected from among the members of the Partnership by the General Meeting of the members of the Partnership for a period of two years.
9.3. A member of the Board of the Partnership of Real Estate Owners cannot be a person with whom the Partnership has entered into an agreement on the management of an apartment building, or a person holding a position in the management bodies of an organization with which the Partnership has concluded the said agreement, as well as a member of the Audit Commission (Auditor) of the Partnership. A member of the Board of the Partnership of Real Estate Owners cannot combine his activities in the Board of the Partnership with work in the Partnership under an employment contract, as well as entrust, trust another person or otherwise entrust him with the performance of his duties as a member of the Board of the Partnership.
9.4. The Board of the Partnership of Property Owners is the executive body of the Partnership, accountable to the General Meeting of the members of the Partnership.
9.5. The meeting of the Board of the Association of Real Estate Owners is convened by the Chairman at least [specify dates].
9.6. The Board of the Association of Real Estate Owners is authorized to make decisions if at least fifty percent of the total number of members of the Board of the Partnership is present at the meeting of the Board of the Partnership. Decisions of the Board of the Partnership are made by a simple majority of votes from the total number of votes of the members of the Board present at the meeting. The decisions taken by the Board of the Partnership are documented in the minutes of the meeting of the Board of the Partnership and signed by the Chairman of the Board of the Partnership, the secretary of the meeting of the Board of the Partnership.
9.7. The responsibilities of the Board of the Association of Real Estate Owners include:
1) compliance by the Partnership with the legislation and requirements of the Articles of Association of the Partnership;
2) control over the timely payment by the members of the Partnership of the established mandatory payments and contributions;
3) drawing up estimates of income and expenses for the corresponding year of the Partnership and reports on financial activities, providing them to the general meeting of members of the Partnership for approval;
4) management of an apartment building or conclusion of contracts for its management;
5) hiring employees to service an apartment building and dismissing them;
6) conclusion of contracts for the maintenance, operation and repair of common property in an apartment building;
7) maintaining the register of members of the Partnership, office work, accounting and financial statements;
8) convening and holding a general meeting of members of the Partnership;
9) performance of other duties arising from this Charter.
9.8. The Chairman of the Board of the Association of Real Estate Owners is elected for a period of two years. The Chairman of the Board of the Partnership ensures the implementation of the decisions of the Board, has the right to give instructions and orders to all officials of the Partnership, the execution of which is mandatory for these persons.
9.9. The Chairman of the Board of the Partnership of Real Estate Owners acts without a power of attorney on behalf of the Partnership, signs payment documents and makes transactions that, in accordance with the law, the Articles of Association of the Partnership do not require mandatory approval by the Board of the Partnership or the General Meeting of Members of the Partnership, develops and submits for approval by the General Meeting of Members of the Partnership the rules of internal of the Partnership’s schedule in relation to employees whose responsibilities include the maintenance and repair of common property in an apartment building, the regulation on remuneration for their work, approval of other internal documents of the Partnership provided for by the Housing Code of the Russian Federation, the Charter of the Partnership and decisions of the General Meeting of members of the Partnership.
10. Audit Commission (Auditor) of the Association of Real Estate Owners
10.1. The Audit Commission (Auditor) of the Association of Real Estate Owners is elected by the general meeting of members of the association for no more than two years. Members of the management board of the partnership may not be members of the audit commission of a partnership of property owners.
10.2. The Audit Commission of the Association of Real Estate Owners elects the Chairman of the Audit Commission from among its members.
10.3. Audit Commission (Auditor) of the Association of Property Owners:
1) conducts audits of the financial activities of the Partnership at least once a year;
2) submits to the General Meeting of Members of the Partnership an opinion on the results of the audit of the annual accounting (financial) statements of the Partnership;
3) submits to the General Meeting of members of the Partnership a conclusion on the estimate of income and expenses for the corresponding year of the Partnership and a report on financial activities and the amount of mandatory payments and contributions;
4) reports to the General Meeting of the members of the Partnership on its activities.
11. Funds and property of the association of real estate owners
11.1. The Association of Real Estate Owners is the owner of its property.
11.2. Funds of the Association of Property Owners consist of:
1) mandatory payments, entrance and other fees of members of the Partnership;
2) income from the economic activities of the Partnership aimed at achieving the goals, objectives and obligations of the Partnership;
3) subsidies for ensuring the operation of common property in an apartment building, carrying out current and major repairs, providing certain types of utilities and other subsidies;
4) other receipts.
11.3. On the basis of the decision of the General Meeting of the members of the Partnership of Real Estate Owners, the Partnership may form special funds spent for the purposes provided for by the Charter. The procedure for the formation of special funds is determined by the General Meeting of the members of the Partnership.
11.4. The Board of the Association of Real Estate Owners has the right to dispose of the funds of the Partnership held in a bank account in accordance with the financial plan of the Partnership.
12. Reorganization and liquidation of the association of real estate owners
12.1. The reorganization of the Association of Real Estate Owners is carried out on the basis and in the manner established by the civil legislation of the Russian Federation.
12.2. An association of property owners, by decision of the general meeting of owners of premises in an apartment building, can be transformed into a consumer cooperative.
12.3. The liquidation of the Association of Real Estate Owners is carried out on the basis and in the manner established by the civil legislation of the Russian Federation.
13.2. The general meeting of owners of premises in an apartment building is obliged to decide on the liquidation of the Association of Real Estate Owners if the members of the Association do not have more than fifty percent of the votes of the total number of votes of owners of premises in an apartment building.
Popular
- Secrets and tricks of working in Yandex taxi
- We open a camber area New: intelligent start-up
- How to open a chandelier and lamp shop
- Shop window design secrets
- How to open a diaper business online?
- How to open a dishware store: features, profitability
- Tire storage garage business
- Earnings on the manufacture of business cards What you need to print business cards at home
- How and where to start a car business?
- Roadside business: how to open a roadside cafe?