Legal regulation of the activities of housing construction cooperatives. Organization and operation of housing and housing construction cooperatives Inaccurate information in Yeghryul
ZhSK is a housing cooperative, which is voluntary association groups of people or organizations for the purpose of building apartment buildings.
The history of the emergence and development of housing cooperatives
Housing cooperatives are a fairly old and proven construction scheme. The emergence of the first housing cooperatives dates back to the 1920s. However, despite the rapidly growing popularity, in 1937 this mechanism was liquidated, since it is a manifestation of private property. In 1957, the housing cooperative was revived and acquired a mass character. In the 80s, such construction of apartment buildings was about 8%.
V modern society the system of cooperatives is gaining momentum with renewed vigor. Most often, it is used by Moscow developers who are unable to fulfill their obligations to equity holders. In this case, on the initiative of the deceived buyers, housing cooperatives are created, to which all rights to complete the construction are transferred.
Legal basis
Currently legal framework HCC activities are regulated by housing legislation. The term "housing construction cooperative" is clearly defined in Art. 110 of the Housing Code of the Russian Federation. The conditions for the creation, organization of activities and the rules for participation in the housing cooperative are presented:
- in section 5 of the Housing Code of the Russian Federation (LC RF);
- in the Charter of the cooperative, which is drawn up in accordance with the main provisions of the Housing Code of the Russian Federation and the Civil Code of the Russian Federation.
However, not all housing cooperatives are organized according to current legislation cooperatives. Many of them in their activities do not even comply with the basic requirements presented in the Housing Code, as a result of which there is a violation of the rights of participants in such housing cooperatives. In order to avoid such situations, it is necessary to understand in detail all aspects of the activities of cooperatives.
The order of creation and organization of activities
According to the law, there can be no less than five members of the housing cooperative. However, the total number of cooperative members should not exceed the amount of apartments in a residential building under construction or purchased. At the general meeting, a decision is made on the formation of a housing cooperative. This event can be attended by persons who wish to unite for the purpose of building a house. The meeting also approves the Charter of the housing cooperative. After state registration of the cooperative and obtaining the status of a legal entity, the participants who voted for the creation of the cooperative become members of the HCC. The decisions of the meeting of the founders of the housing cooperative are recorded in the minutes.
The charter of a housing construction cooperative
The charter of the housing cooperative, according to Art. 113 of the Housing Code of the Russian Federation, should contain data on the name of the cooperative, its location, the subject and purpose of the activity, the rules for joining the housing cooperative, the procedure for withdrawing from it, the amount of introductory and various payments, the composition and rights of the management bodies of the cooperative, the procedure for adopting control of various decisions, about the possibility of covering the incurred losses and the rules of reorganization or liquidation of the cooperative. Despite this, the Charter may contain other conditions that do not contradict applicable laws RF.
Governing bodies
According to Art. 115 ZhK RF, the governing bodies of ZhSK are:
- general meeting of all members of the cooperative;
- if the number of those present at the meeting is more than 50 and this is spelled out in the Charter of the cooperative - a conference;
- governing bodies and the chairman of the housing cooperative.
General meeting of members of the cooperative
The general meeting of all members of the cooperative (conference) is considered the supreme governing body. It is convened in accordance with the provisions prescribed in the Charter. The competence of the supreme governing body is also regulated by the Charter of the housing cooperative.
A meeting of participants is legitimate if it is attended by a large part of all members of the cooperative. The decision cannot be adopted if 50% or more of those present at the meeting voted against the proposal under consideration. The decision adopted and prescribed in the protocol is mandatory for all members of the building cooperative.
The governing apparatus and control bodies are also elected by the participants. general meeting members of the housing cooperative. The duties of the governing bodies and the procedure for making decisions by them are regulated by the Charter of the cooperative, regulations, regulations and other internal documents. The board of the housing cooperative has the right to manage the activities of the cooperative and elect a chairman from among its members. The management bodies of the housing cooperative are accountable to the general meeting of the members of the cooperative.
Duties of the chairman of the housing cooperative
Chairman of the Board of the Construction Cooperative:
- is obliged to ensure the implementation of decisions taken by the board;
- protect the interests of the cooperative, conclude transactions and act on behalf of all members of the cooperative without a power of attorney;
- has other powers that are not included in the duties of the general meeting of the members of the housing cooperative or its board.
The essence of the audit commission
To control the economic and settlement activities of the cooperative, a special auditing commission is elected for a period not exceeding 3 years. The number of its members is spelled out in the Charter of the cooperative. Participants audit commission cannot borrow leadership positions in the housing cooperative, and also be listed in other management bodies of the construction cooperative.
The chairman of the audit commission is elected by its members from the existing composition. The duties of the auditors include:
- annual auditing of the economic and settlement activities of the cooperative;
- preparation of conclusions on the budget, target use Money, annual report and mandatory contributions;
- report to the members of the general meeting on their activities.
The auditors have the right to check the financial and settlement activities of the building cooperative at any time and have free access to all internal documentation of the building cooperative. The order of work and powers of the audit commission are spelled out in the Charter of the cooperative.
Membership in ZhSK
To become a member of a housing cooperative, you must submit an application to the board of a housing cooperative. One calendar month is allotted for its consideration. The decision is made at the general meeting of participants and recorded in the corresponding document (minutes). The status of a member of the housing cooperative is acquired after the payment of the entrance fee. A member of a housing cooperative can confirm his participation in a housing cooperative with a certificate (extract), which is issued according to his application.
The mechanism of housing construction with the help of housing cooperatives
After the approval of the Charter at the general meeting of the members of the housing cooperative, the housing construction cooperative must undergo compulsory state registration to acquire the status of a legal entity. Further, construction according to the housing construction scheme takes place in stages:
Potential risks associated with participation in a housing cooperative
By becoming a member of the housing cooperative, a person may face certain risks:
- The main risk is that the main goal of creating a housing cooperative for some reason may not be achieved (refusal to issue permits, financial difficulties, and others).
- Inflation and appreciation building materials and works.
- The risk of failure to meet the deadline for putting the house into operation. Moreover, the housing cooperative before its members will not be responsible for this.
- Developers or investors do not provide guarantees for the housing provided.
- Control over the expenditure of funds and economic activities carried out by the audit commission, which is elected at the general meeting. State specialized body missing.
- The distribution of apartments between the members of the housing cooperative takes place at a general meeting and does not depend on the wishes of the member of the cooperative.
- for example, they form the final cost of an apartment, taking into account advertising costs, staff maintenance and other payments. The buyer has to pay for all this. In addition to all of the above, a citizen cannot control the expenditure of funds for the construction of housing and the progress of construction itself.
Benefits of joining a housing cooperative
1. It is believed that the construction of residential buildings through the housing construction system is a significant savings in money. According to statistics, thanks to the organization of a housing cooperative, you can save about 50% on the purchase of housing.
2. Building cooperatives have full transparency in attracting and spending funds. In addition, construction can be financed in stages, and an installment plan can be given not only for the period of building a house, but also for a time after the end of construction.
Housing cooperative in the modern world
Today, a voluntary association of like-minded people for the construction of residential buildings is extremely rare. Despite the fact that the legislation does not prevent the creation of housing cooperatives, the construction of multi-storey buildings according to this scheme is more popular among large enterprises that are interested in providing apartments for their employees.
Thus, it makes sense to organize a housing cooperative for employees of organizations that have appropriate management support. At the same time, they can save on the difference between the market price and the cost of housing, which is taken by the developer.
In the case of acquiring apartments through the housing construction mechanism, citizens are more protected from various unforeseen situations. If the developer has declared his bankruptcy, the shareholders have the right to independently engage in the construction of the building.
More recently, the number construction organizations working on the principle of housing construction did not exceed 15%. At the moment, one third of housing Russian market is implemented according to this scheme.
What you should pay attention to when buying apartments for housing cooperatives
According to statistics, one of the main factors that affect the choice of housing is not the form of the contract, not the presence of infrastructure in the neighborhood of the house, but the developer's reputation, his experience in the construction of apartment buildings, the terms of payment for the apartment.
However, if individual decided to join the housing cooperative, you need to pay attention to several important points:
- Check the investment agreement between construction company and ZhSK. It is better if the cooperative itself acts as a developer. In this case, the housing cooperative bears full responsibility for the construction of multi-storey buildings.
- Examine the rest of the documents of title: building permit, land lease agreement or land ownership.
- To get acquainted with the Charter of the housing cooperative. Particular attention should be paid to the conditions for joining and leaving the cooperative. And also on the procedure for paying contributions and receiving an apartment.
If all of the above documents are clear and transparent, you can safely conclude an agreement with the cooperative.
Article 110. Housing and housing construction cooperatives
1. A housing or housing-building cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens for housing, as well as the management of residential and non-residential premises in the cooperative house.
2. Members of a housing cooperative, by their own means, participate in the acquisition, reconstruction and subsequent maintenance of an apartment building.
3. Members of a housing-construction cooperative by their own means participate in the construction, reconstruction and subsequent maintenance of an apartment building.
4. Housing and housing construction cooperatives (hereinafter also referred to as housing cooperatives) are consumer cooperatives.
5. The provisions of this chapter do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens for housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, legal position their members are determined by the indicated federal laws.
Article 111. Right to join housing cooperatives
1. Citizens who have reached the age of sixteen and (or) legal entities have the right to join housing cooperatives.
2. The categories of citizens specified in Article 49 of this Code shall have the preferential right to join housing cooperatives organized with the assistance of bodies state power Of the Russian Federation, government bodies of the constituent entities of the Russian Federation or local government bodies.
Article 112. Organization of a housing cooperative
1. The number of members of a housing cooperative cannot be less than five, but must not exceed the number of residential premises in a cooperative being built or acquired apartment building.
2. The decision to organize a housing cooperative is made by the meeting of founders.
3. Persons wishing to organize a housing cooperative have the right to participate in the meeting of founders of a housing cooperative.
4. The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter shall be considered adopted, provided that the decision was voted for by persons wishing to join the housing cooperative (founders).
5. Members of a housing cooperative from the moment of its state registration as a legal entity shall be persons who voted for the organization of a housing cooperative.
6. The decision of the meeting of the founders of the housing cooperative is drawn up in a protocol.
Article 113. Charter of a housing cooperative
1. The charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and purpose of the activity, the procedure for joining the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the composition and procedure for making entrance and share contributions, on liability for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and bodies of control over the activities of the cooperative, the procedure for making decisions, including on issues, decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering the losses incurred by the members of the cooperative, the procedure for reorganizing and liquidating the cooperative.
2. The charter of a housing cooperative may contain other provisions that do not contradict this Code and other federal laws.
Article 114. State registration of a housing cooperative
State registration of a housing cooperative is carried out in accordance with the legislation on state registration of legal entities.
Article 115. Management bodies of a housing cooperative
The governing bodies of the housing cooperative are:
1) a general meeting of members of a housing cooperative;
2) a conference, if the number of participants in the general meeting of members of the housing cooperative is more than fifty and this is provided for by the charter of the housing cooperative;
3) the board of the housing cooperative and the chairman of the board of the housing cooperative.
Article 116. Management in a housing cooperative
1. The supreme governing body of the housing cooperative is the general meeting of the members of the cooperative (conference), which is convened in the manner prescribed by the charter of the cooperative.
2. The competence of the general meeting of members of the housing cooperative (conference) is determined by the charter of the cooperative in accordance with this Code.
Article 117. General meeting of members of a housing cooperative
1. The general meeting of the members of the housing cooperative shall be competent if attended by more than fifty percent of the members of the cooperative. The decision of the general meeting of the members of the housing cooperative is considered adopted provided that more than half of the members of the housing cooperative who attended such a general meeting voted for it, and on the issues specified in the charter of the housing cooperative, more than three quarters of the members of the housing cooperative who attended such a general meeting ...
2. The decision of the general meeting of members of the housing cooperative, adopted in accordance with the established procedure, is binding on all members of the housing cooperative.
3. The general meeting of the members of the housing cooperative elects the management bodies of the housing cooperative and the bodies for control over its activities.
4. The decision of the general meeting of members of the housing cooperative is drawn up in minutes.
Article 118. Board of the housing cooperative
1. The board of a housing cooperative is elected from among the members of a housing cooperative by a general meeting of members of a housing cooperative (conference) in the number and for a period determined by the charter of the cooperative.
2. The procedure for the activity of the board of a housing cooperative and the procedure for making decisions by it shall be established by the charter and internal documents of the cooperative (by-laws, regulations or other document of the cooperative).
3. The board of the housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not attributed by the charter of the cooperative to the competence of the general meeting of cooperative members.
4. The board of the housing cooperative is accountable to the general meeting of members of the cooperative (conference).
Article 119. Chairman of the board of a housing cooperative
1. The chairman of the board of the housing cooperative is elected by the board of the housing cooperative from among its members for a period determined by the charter of the housing cooperative.
2. Chairman of the Board of the Housing Cooperative:
1) ensures the implementation of decisions of the board of the cooperative;
2) acts on behalf of the cooperative without a power of attorney, including representing its interests and concluding transactions;
3) exercise other powers that are not attributed by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.
3. The chairman of the board of a housing cooperative, when exercising rights and fulfilling obligations, must act in the interests of the cooperative in good faith and reasonably.
Article 120. Auditing commission (auditor) of a housing cooperative
1. To exercise control over the financial and economic activities of the housing cooperative, the general meeting of the members of the cooperative (conference) elects the audit commission (auditor) of the housing cooperative for a period of not more than three years. The number of members of the audit commission of the housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, as well as hold other positions in the management bodies of a housing cooperative.
2. The audit commission of the housing cooperative shall elect from among its members the chairman of the audit commission.
3. The audit commission (auditor) of the housing cooperative:
1) without fail conducts planned audits of the financial and economic activities of the housing cooperative at least once a year;
2) submit to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;
3) reports to the general meeting of the members of the cooperative (conference) on its activities.
4. The audit commission (auditor) of a housing cooperative at any time has the right to audit the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative.
5. The order of work of the audit commission (inspector) of the housing cooperative is determined by the charter of the cooperative and other documents of the cooperative.
Article 121. Admission to membership in a housing cooperative
1. A citizen or legal entity wishing to become a member of a housing cooperative shall submit an application to the board of a housing cooperative for membership in a housing cooperative.
2. An application for membership in a housing cooperative must be considered within a month by the board of a housing cooperative and approved by a decision of the general meeting of members of a housing cooperative (conference). A citizen or legal entity is recognized as a member of the housing cooperative from the moment the entrance fee is paid after the approval of the decision on admission to membership in the housing cooperative by the general meeting of cooperative members (conference).
Article 122. Reorganization of a housing cooperative
A housing cooperative, by decision of the general meeting of its members (conference), may be transformed into an association of homeowners.
Article 123. Liquidation of a housing cooperative
A housing cooperative may be liquidated on the grounds and in the manner provided for by civil legislation.
Article 110. Housing and housing construction cooperatives- A housing or housing-building cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens for housing, as well as to manage residential and non-residential premises in a cooperative house.
- Members of a housing cooperative, with their own funds, participate in the acquisition, reconstruction and subsequent maintenance of an apartment building.
- Members of a housing construction cooperative participate in the construction, reconstruction and subsequent maintenance of an apartment building with their own funds.
- Housing and housing construction cooperatives (hereinafter also referred to as housing cooperatives) are consumer cooperatives.
- The provisions of this chapter do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens for housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the indicated federal laws.
- Citizens who have reached the age of sixteen and (or) legal entities have the right to join housing cooperatives.
- The categories of citizens specified in Article 49 of this Code shall have the preferential right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation or local government bodies.
- The number of members of a housing cooperative may not be less than five, but must not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative.
- The decision to organize a housing cooperative is made by the meeting of the founders.
- Persons wishing to organize a housing cooperative have the right to participate in the meeting of founders of a housing cooperative.
- The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter is considered adopted, provided that the decision is voted for by persons wishing to join the housing cooperative (founders).
- Members of a housing cooperative from the moment of its state registration as a legal entity are persons who voted for the organization of a housing cooperative.
- The decision of the meeting of the founders of the housing cooperative is drawn up in minutes.
- The charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and purpose of its activity, the procedure for joining the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the composition and procedure for making introductory and share contributions, on liability for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and bodies of control over the activities of the cooperative, the procedure for making decisions, including on issues on which decisions are taken unanimously or by a qualified majority of votes, the procedure for covering members of the cooperative of the losses incurred by them, the procedure for reorganization and liquidation of the cooperative.
- The charter of a housing cooperative may contain other provisions that do not contradict this Code and other federal laws.
State registration of a housing cooperative is carried out in accordance with the legislation on state registration of legal entities.
Article 115. Management bodies of a housing cooperative
The governing bodies of the housing cooperative are:
- general meeting of members of the housing cooperative;
- conference, if the number of participants in the general meeting of members of the housing cooperative is more than fifty and this is provided for by the charter of the housing cooperative;
- board of the housing cooperative and chairman of the board of the housing cooperative.
- The supreme governing body of the housing cooperative is the general meeting of the members of the cooperative (conference), which is convened in accordance with the procedure established by the charter of the cooperative.
- The competence of the general meeting of members of the housing cooperative (conference) is determined by the charter of the cooperative in accordance with this Code.
- The general meeting of the members of the housing cooperative is competent if more than fifty percent of the members of the cooperative are present at it.
The decision of the general meeting of the members of the housing cooperative is considered adopted provided that more than half of the members of the housing cooperative who attended such a general meeting voted for it, and on the issues specified in the charter of the housing cooperative, more than three quarters of the members of the housing cooperative who attended such a general meeting ...
- The decision of the general meeting of members of the housing cooperative, adopted in accordance with the established procedure, is binding on all members of the housing cooperative.
- The general meeting of the members of the housing cooperative elects the management bodies of the housing cooperative and the bodies for control over its activities.
- The decision of the general meeting of members of the housing cooperative is drawn up in minutes.
- The board of a housing cooperative is elected from among the members of a housing cooperative by a general meeting of members of a housing cooperative (conference) in the number and for a period determined by the charter of the cooperative.
- The procedure for the activities of the board of a housing cooperative and the procedure for making decisions by it are established by the charter and internal documents of the cooperative (regulation, regulation or other document of the cooperative).
- The board of the housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not attributed by the charter of the cooperative to the competence of the general meeting of members of the cooperative.
- The board of the housing cooperative is accountable to the general meeting of members of the cooperative (conference).
- The chairman of the board of a housing cooperative is elected by the board of a housing cooperative from among its members for a period determined by the charter of the housing cooperative.
- Chairman of the Board of the Housing Cooperative:
- ensures the implementation of decisions of the board of the cooperative;
- acts on behalf of the cooperative without a power of attorney, including representing its interests and concluding transactions;
- exercises other powers that are not attributed by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.
- The chairman of the board of a housing cooperative, when exercising rights and fulfilling obligations, must act in the interests of the cooperative in good faith and reasonably.
- To exercise control over the financial and economic activities of the housing cooperative, the general meeting of the members of the cooperative (conference) elects the audit commission (auditor) of the housing cooperative for a period of not more than three years. The number of members of the audit commission of the housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, as well as hold other positions in the management bodies of a housing cooperative.
- The audit commission of the housing cooperative shall elect from among its members the chairman of the audit commission.
- Auditing commission (auditor) of a housing cooperative:
- without fail conducts planned audits of the financial and economic activities of the housing cooperative at least once a year;
- submits to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;
- reports to the general meeting of members of the cooperative (conference) on its activities.
- The audit commission (auditor) of a housing cooperative at any time has the right to audit the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative.
- The procedure for the work of the audit commission (inspector) of a housing cooperative is determined by the charter of the cooperative and other documents of the cooperative.
- A citizen or legal entity wishing to become a member of a housing cooperative shall submit an application to the board of a housing cooperative for membership in a housing cooperative.
- An application for membership in a housing cooperative must be considered within a month by the board of the housing cooperative and approved by the decision of the general meeting of members of the housing cooperative (conference). A citizen or legal entity is recognized as a member of the housing cooperative from the moment the entrance fee is paid after the approval of the decision on admission to membership in the housing cooperative by the general meeting of cooperative members (conference).
A housing cooperative, by decision of the general meeting of its members (conference), may be transformed into an association of homeowners.
Article 123. Liquidation of a housing cooperative
A housing cooperative may be liquidated on the grounds and in the manner provided for by civil legislation.
The basis for the provision and use of residential premises may be membership in housing and housing construction cooperatives, by virtue of which a citizen is granted the right to receive residential premises in a residential building built or acquired by the cooperative.
According to Part 1 of Art. 110 ZhK, a housing or housing-building cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens for housing, as well as to manage residential and non-residential premises in a cooperative house.
Feature housing cooperative is that its members, by their own means, participate in acquisition, reconstruction and subsequent maintenance of an apartment building. Peculiarity housing construction cooperative consists in the fact that its members, by their own means, participate in construction, reconstruction and subsequent maintenance of an apartment building (parts 2-3, article 110 of the ZhK).
As indicated in Part 4 of Art. PO LCD, housing and housing cooperatives (hereinafter - housing cooperatives) are consumer cooperatives.
The provisions of the LC relating to housing cooperatives do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens for housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the indicated federal laws.
Citizens who have reached the age have the right to join housing cooperatives 16 years, and (or) legal entities.
Categories of citizens who have the right to provide housing under social tenancy agreements have the preferential right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation or local governments (Article 111 of the LC).
In accordance with Art. 112 ZhK the number of members of a housing cooperative cannot be less than five, but should not exceed the number of residential premises in an apartment building under construction or acquired by a cooperative.
Constituent document housing cooperative is his charter. In accordance with Art. 113 ZhK, the charter must contain information about the name of the cooperative, its location, the subject and purpose of its activities, the procedure for joining the cooperative, the procedure for leaving it and issuing share contributions, the amount, composition and procedure for making entrance and share contributions, and liability for violation obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and control bodies over the activities of the cooperative, the procedure for making decisions, including on issues on which decisions are taken unanimously or by a qualified majority of votes, the procedure for covering the losses incurred by the members of the cooperative, the procedure reorganization and liquidation of the cooperative. The charter of a housing cooperative may contain other provisions that do not contradict the ZhK, other federal laws.
The housing cooperative is subject to state registration, which is carried out in accordance with the legislation on state registration of legal entities (Article 114 of the LC).
Governing bodies housing cooperatives are:
1) a general meeting of members of a housing cooperative;
2) conference, if the number of participants in the general meeting more than 50 and this is provided for by the charter of the housing cooperative;
3) the board and chairman of the board of a housing cooperative (Art. 115 of the LC).
As provided by Art. 116 ZhK, the supreme governing body of the housing cooperative is general meeting of its members (conference), which is convened in the manner prescribed by the charter of the cooperative.
The competence of the general meeting of members of the housing cooperative (conference) is determined by the charter of the cooperative in accordance with the LC.
The general meeting of members of the housing cooperative is recognized as competent (has a quorum), if present more than 50% of the members of the cooperative. The decision of the general meeting is considered adopted provided that it is voted for more than half, and on issues specified in the charter of the cooperative - more than 3/4 of the members of the cooperative who attended such a general meeting.
The decision of the general meeting, adopted in accordance with the established procedure, is binding on all members of the housing cooperative.
The general meeting of the members of the housing cooperative elects the management bodies of the housing cooperative and the bodies for control over its activities.
The decision of the meeting of members of the housing cooperative is drawn up protocol(Art 117 ZhK).
The executive body housing cooperative is his governing body. The board is elected from among the members of the housing cooperative by the general meeting (conference) in the number and for the term determined by the charter of the cooperative. The procedure for the activities of the board of a housing cooperative and its decision-making is established by the charter and internal documents of the cooperative (regulation, regulation or other document).
The board of the housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not attributed by the charter of the cooperative to the competence of the general meeting of members of the cooperative. The board of the housing cooperative is accountable to the general meeting of members of the cooperative (conference) (Art. 118 ZhK).
In accordance with Art. 119 LCD chairman of the board of a housing cooperative elected by the board from among its members for a period determined by the charter of the cooperative. He exercises the following powers:
1) ensures the implementation of decisions of the board of the cooperative;
2) acts on behalf of the cooperative without a power of attorney, including representing its interests and concluding transactions;
3) other powers that are not attributed by the JK or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.
The chairman of the board of a housing cooperative, when exercising rights and fulfilling obligations, must act in the interests of the cooperative in good faith and reasonably.
To exercise control over the financial and economic activities of the housing cooperative, the general meeting of the members of the cooperative (conference) elects audit commission (auditor) for a period of no more than three years. The number of members of the audit commission of a housing cooperative is determined by its charter. Members of the audit commission cannot simultaneously be members of the board of the cooperative, as well as hold other positions in the management bodies of the cooperative. The Auditing Commission of the Housing Cooperative shall elect from among its members the chairman of the audit commission.
Auditing commission (auditor) of a housing cooperative:
1) without fail conducts planned audits of the financial and economic activities of the cooperative at least once a year;
2) submit to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;
3) reports to the general meeting of members of the cooperative (conference) on its activities.
The Auditing Commission has the right Anytime conduct an audit of the financial and economic activities of the cooperative and have access to all documentation relating to its activities.
The procedure for the work of the audit commission is determined by the charter and other documents of the cooperative (Article 120 of the LC).
Admission to membership in a housing cooperative governed by Art. 121 ZhK, according to which a citizen or legal entity wishing to become a member of a housing cooperative submit an application to the board of a housing cooperative for admission to a cooperative. This application must be considered within a month the board of the housing cooperative and approved by the decision of the general meeting of its members (conference). A citizen or legal entity is recognized as a member of the housing cooperative from the moment the entrance fee is paid after the approval of the decision on admission to membership in the housing cooperative by the general meeting of cooperative members (conference).
Article 122 of the ZhK provides that a housing cooperative, by decision of the general meeting of its members (conference), can be transformed into homeowners' association, that is, it is possible to reorganize the housing cooperative by transforming it into another organizational and legal form.
A housing cooperative can be liquidated on the grounds and in the manner provided for by civil law (Article 123 of the LC).
Article 110. Housing and housing construction cooperatives
1. A housing or housing-building cooperative is a voluntary association of citizens and in the cases established by this Code and other federal laws of legal entities on the basis of membership in order to meet the needs of citizens for housing, as well as management of an apartment building.
1.1. This Code determines the legal status of housing and housing construction cooperatives, including the specifics of their civil status (paragraph 4 of Article 49 Civil Code Russian Federation).
(part 1.1 introduced Federal law dated 31.01.2016 No. 7-FZ)
2. Members of a housing cooperative, by their own means, participate in the acquisition, reconstruction and subsequent maintenance of an apartment building. When carrying out the reconstruction of an apartment building, the housing cooperative in accordance with the legislation on urban planning acts as a developer and ensures the reconstruction of this building on the land plot belonging to it in accordance with the building permit issued to such cooperative.
(Part 2 as amended by Federal Law No. 349-FZ dated 30.11.2011)
3. Members of a housing-construction cooperative by their own means participate in the construction, reconstruction and subsequent maintenance of an apartment building. A housing construction cooperative, in accordance with the legislation on urban planning, acts as a developer and provides construction, reconstruction of an apartment building on its land plot in accordance with a building permit issued to such a cooperative. A housing construction cooperative, with the exception of housing construction cooperatives, the creation of which is provided for by Federal Law No. 161-FZ of July 24, 2008 "On Assistance in the Development of Housing Construction", is not entitled to simultaneously build more than one apartment building with more than three floors.
(as amended by Federal Laws dated 30.11.2011 No. 349-FZ, dated 13.07.2015 No. 236-FZ)
4. Housing and housing construction cooperatives (hereinafter also referred to as housing cooperatives) are consumer cooperatives.
5. The provisions of this chapter do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens for housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the indicated federal laws.
6. If the owners of premises in an apartment building choose a method of managing an apartment building, a housing cooperative shall, within five working days from the date of the decision on state registration of a housing cooperative, by the body that carries out state registration of legal entities, the housing cooperative submit information on the choice of the method to the body of state housing supervision management of an apartment building by a housing cooperative and notification of the beginning of the implementation of activities for the management of an apartment building in the manner prescribed federal body executive power, carrying out the functions of developing and implementing public policy and legal regulation in the field of housing and communal services.
(Part 6 is introduced by Federal Law of December 31, 2017 N 485-FZ; as amended by Federal Law of December 2, 2019 N 390-FZ)
6.1. If a housing cooperative concludes an agreement for the management of an apartment building with managing organization the housing cooperative, within five working days from the date of the conclusion of the specified agreement, shall submit to the state housing supervision authority information on the conclusion of the specified agreement in the manner prescribed by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services farms.
(Part 6.1 was introduced by Federal Law No. 390-FZ of 02.12.2019)
6.2. In the event of termination or termination of an agreement for the management of an apartment building concluded between a housing cooperative and a management organization, a housing cooperative, within five working days from the date of termination or termination of the said agreement, information on the conclusion of an agreement for the management of an apartment building with another management organization or notification of the commencement of the implementation of activities by a housing cooperative to manage an apartment building in the manner prescribed by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(Part 6.2 was introduced by Federal Law of December 2, 2019 N 390-FZ)
7. If the general meeting of owners of premises in an apartment building makes a decision to change the management method of an apartment building by a housing cooperative, information on termination of management of an apartment building by a housing cooperative shall be submitted to the state housing supervision body within five working days from the date of this decision, established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of housing and communal services.
(Part 7 was introduced by Federal Law No. 485-FZ, dated 31 December 2017)
Article 111. Right to join housing cooperatives
1. A member of a housing cooperative may be:
1) a citizen who has reached the age of sixteen;
2) a legal entity in the event, established by law Russian Federation;
3) a legal entity that is the owner of premises in an apartment building, if the housing cooperative manages common property in this apartment building.
(Part 1 as amended by Federal Law No. 349-FZ dated 30.11.2011)
2. The categories of citizens specified in Article 49 of this Code shall have the preferential right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation or local self-government bodies.
Article 112. Organization of a housing cooperative
1. The number of members of a housing cooperative may not be less than five, but must not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative.
2. The decision to organize a housing cooperative is made by the meeting of founders.
3. Persons wishing to organize a housing cooperative have the right to participate in the meeting of founders of a housing cooperative.
4. The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter shall be considered adopted, provided that the decision was voted for by persons wishing to join the housing cooperative (founders).
5. Members of a housing cooperative from the moment of its state registration as a legal entity shall be persons who voted for the organization of a housing cooperative.
6. The decision of the meeting of the founders of the housing cooperative is drawn up in a protocol.
Article 113. Charter of a housing cooperative
1. The charter of a housing cooperative must contain information about the name of the cooperative, its location, the subject and purpose of the activity, the procedure for joining the cooperative, the procedure for leaving the cooperative and issuing a share contribution, other payments, the amount of entrance and share contributions, the composition and procedure for making entrance and share contributions, on liability for violation of obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and bodies of control over the activities of the cooperative, the procedure for making decisions, including on issues, decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering the losses incurred by the members of the cooperative, the procedure for reorganizing and liquidating the cooperative.
1.1. The charter of a housing cooperative may provide for the use of a system or other information system when solving issues related to management in a housing cooperative, taking into account the functions of these systems.
(Part 1.1 is introduced by Federal Law No. 263-FZ of July 21, 2014)
2. The charter of a housing cooperative may contain other provisions that do not contradict this Code and other federal laws.
Article 114. State registration of a housing cooperative
State registration of a housing cooperative is carried out in accordance with the legislation on state registration of legal entities.
Article 115. Management bodies of a housing cooperative
The governing bodies of the housing cooperative are:
1) a general meeting of members of a housing cooperative;
2) a conference, if the number of participants in the general meeting of members of the housing cooperative is more than fifty and this is provided for by the charter of the housing cooperative;
3) the board of the housing cooperative and the chairman of the board of the housing cooperative.
Article 116. Management in a housing cooperative
1. The supreme governing body of the housing cooperative is the general meeting of the members of the cooperative (conference), which is convened in the manner prescribed by the charter of the cooperative.
2. The competence of the general meeting of members of the housing cooperative (conference) is determined by the charter of the cooperative in accordance with this Code.
Article 116.1. Requirements for officials of a housing cooperative
(introduced by the Federal Law of 04.06.2011 No. 123-FZ)
Members of the board of a housing cooperative (including the chairman of the board of a cooperative), a member of the audit commission (auditor) of a cooperative, as well as a chief accountant (an accountant in the absence of a chief accountant on the staff) of a cooperative cannot be citizens:
1) having a criminal record for intentional crimes;
2) in respect of whom the period has not expired during which they are considered to be subject to an administrative penalty in the form of disqualification;
3) who previously held the positions of a manager, his deputy or chief accountant (accountant in the absence of a chief accountant in the staff) of an organization that carried out activities in the field of construction, reconstruction, overhaul of capital construction projects, engineering surveys for construction, architectural and construction design, or were individual entrepreneurs who carried out activities in these areas, if such an organization, individual entrepreneurs were excluded from the membership self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction, overhaul of capital construction objects or were declared insolvent (bankrupt) and less than three years have passed since such exclusion or the completion of the relevant procedure applied in the insolvency (bankruptcy) case.
Article 117. General meeting of members of a housing cooperative
1. The general meeting of the members of the housing cooperative shall be competent if attended by more than fifty percent of the members of the cooperative. The decision of the general meeting of the members of the housing cooperative, unless otherwise provided by this Code, shall be considered adopted provided that more than half of the members of the housing cooperative who attended such a general meeting voted for it, and more than three quarters of the members of the housing cooperative on the issues specified in the charter of the housing cooperative housing cooperative attending such a general meeting.
(as amended by the Federal Law of 13.07.2015 No. 236-FZ)
2. The decision of the general meeting of members of the housing cooperative, adopted in accordance with the established procedure, is binding on all members of the housing cooperative.
3. The general meeting of the members of the housing cooperative elects the management bodies of the housing cooperative and the bodies for control over its activities.
4. The decision of the general meeting of members of the housing cooperative is drawn up in minutes.
5. In the case provided for in part 1.1 of Article 113 of this Code, a general meeting of members of a housing cooperative using the system is carried out in compliance with the requirements established by Article 47.1 of this Code.
(Part 5 is introduced by Federal Law No. 263-FZ, dated 21 July 2014)
Article 118. Board of the housing cooperative
1. The board of a housing cooperative is elected from among the members of a housing cooperative by a general meeting of members of a housing cooperative (conference) in the number and for a period determined by the charter of the cooperative.
2. The procedure for the activity of the board of a housing cooperative and the procedure for making decisions by it shall be established by the charter and internal documents of the cooperative (by-laws, regulations or other document of the cooperative).
3. The board of the housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not attributed by the charter of the cooperative to the competence of the general meeting of cooperative members.
4. The board of the housing cooperative is accountable to the general meeting of members of the cooperative (conference).
Article 119. Chairman of the board of a housing cooperative
1. The chairman of the board of the housing cooperative is elected by the board of the housing cooperative from among its members for a period determined by the charter of the housing cooperative.
2. Chairman of the Board of the Housing Cooperative:
1) ensures the implementation of decisions of the board of the cooperative;
2) acts on behalf of the cooperative without a power of attorney, including representing its interests and concluding transactions;
3) exercise other powers that are not attributed by this Code or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.
3. The chairman of the board of a housing cooperative, when exercising rights and fulfilling obligations, must act in the interests of the cooperative in good faith and reasonably.
Article 120. Auditing commission (auditor) of a housing cooperative
1. To exercise control over the financial and economic activities of the housing cooperative, the general meeting of the members of the cooperative (conference) elects the audit commission (auditor) of the housing cooperative for a period of not more than three years. The number of members of the audit commission of the housing cooperative is determined by the charter of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, as well as hold other positions in the management bodies of a housing cooperative.
2. The audit commission of the housing cooperative shall elect from among its members the chairman of the audit commission.
3. The audit commission (auditor) of the housing cooperative:
1) without fail conducts planned audits of the financial and economic activities of the housing cooperative at least once a year;
2) submit to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;
3) reports to the general meeting of the members of the cooperative (conference) on its activities.
4. The audit commission (auditor) of a housing cooperative at any time has the right to audit the financial and economic activities of the cooperative and have access to all documentation relating to the activities of the cooperative.
5. The order of work of the audit commission (inspector) of the housing cooperative is determined by the charter of the cooperative and other documents of the cooperative.
Article 121. Admission to membership in a housing cooperative
1. A citizen or legal entity wishing to become a member of a housing cooperative shall submit an application to the board of a housing cooperative for membership in a housing cooperative.
2. An application for membership in a housing cooperative must be considered within a month by the board of a housing cooperative and approved by a decision of the general meeting of members of a housing cooperative (conference). A citizen or legal entity is recognized as a member of the housing cooperative from the moment the entrance fee is paid after the approval of the decision on admission to membership in the housing cooperative by the general meeting of cooperative members (conference).
Article 122. Reorganization of a housing cooperative
A housing cooperative, by decision of the general meeting of its members (conference), may be transformed into an association of homeowners.
Article 123. Liquidation of a housing cooperative
A housing cooperative may be liquidated on the grounds and in the manner provided for by civil legislation.
Article 123.1. Features of the organization and activities of a housing construction cooperative carrying out the construction of an apartment building
1. A housing and construction cooperative that builds an apartment building at the expense of members of the cooperative is obliged to place it in a unified information system for housing construction, provided for by the Federal Law of December 30, 2004 N 214-FZ "On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on amendments to some legislative acts of the Russian Federation "(hereinafter - the unified information system for housing construction), the charter of the cooperative, as well as the following documents and information:
1) the number of members of the housing construction cooperative;
2) a permit for the construction of an apartment building, in the construction of which members of the housing construction cooperative participate with their own funds;
3) the rights of the housing construction cooperative to the land plot, including the details of the title document for the land plot, information about the owner of the land plot (if the housing construction cooperative is not the owner of the land plot), the cadastral number and area of the land plot provided for the construction of an apartment building, information about the elements of improvement;
4) the location of the apartment building under construction and its description, prepared in accordance with the project documentation, on the basis of which the building permit was issued;
5) the number of residential premises in an apartment building under construction, a description technical characteristics such residential premises in accordance with the project documentation, as well as changing the specified information in the event of entering into project documentation relevant changes;
6) the estimated time for obtaining a permit for commissioning an apartment building under construction.
2. A housing construction cooperative, at the request of a member of this cooperative, is obliged to provide for familiarization, including with the use of a unified information system for housing construction:
(as amended by Federal Law of 25.12.2018 N 478-FZ)
1) the conclusion of the examination of project documentation, if such an examination is established by federal law;
2) project documentation, including all changes made to it;
3) documents confirming the rights of the housing construction cooperative to the land plot;
4) minutes of general meetings of members of the housing construction cooperative, meetings of its board and the audit commission (auditor) of the cooperative;
5) documents confirming the results of voting, including voting ballots, and powers of attorney for participation in the general meeting of members of the housing construction cooperative or copies of such powers of attorney;
6) the conclusions of the auditing commission (auditor) of the housing construction cooperative;
7) other documents provided for by this Code, the charter of the housing construction cooperative, its internal documents, decisions of the general meeting of the members of this cooperative.
3. A housing and construction cooperative is obliged to maintain, including in a unified information system for housing construction, a register of its members, containing the following information:
(as amended by Federal Law of 25.12.2018 N 478-FZ)
1) the last name, first name and (if any) patronymic of a member of a housing construction cooperative or, if a member of a housing construction cooperative is a legal entity, the name of the legal entity;
2) determination, in accordance with the project documentation, of a specific residential premises, the ownership of which is acquired by a member of a housing construction cooperative in the event that the share contribution is paid in full;
3) the size of the entrance and share contributions in relation to each member of the housing construction cooperative.
4. The decision of the general meeting of members of the housing construction cooperative on the issue of amendments to the project documentation is considered adopted provided that more than three quarters of the members of the housing construction cooperative who attended such general meeting voted for it.
5. The authorized executive body of the constituent entity of the Russian Federation, in whose territory the construction of an apartment building is carried out (hereinafter in this chapter - the controlling body), receives information contained in the register of members of a housing construction cooperative, as well as other information provided for by this article from a unified information system for housing construction.
(as amended by Federal Law of 25.12.2018 N 478-FZ)
Article 123.2. Control over the activities of the housing construction cooperative
(introduced by the Federal Law of 13.07.2015 No. 236-FZ)
1. Control over the activities of the housing construction cooperative related to the attraction of funds from the members of the cooperative for the construction of an apartment building, as well as over the compliance by the housing construction cooperative with the requirements of Part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code is carried out supervisory authority. Upon completion of the construction of an apartment building and obtaining a permit for its commissioning in relation to housing construction cooperatives, state housing supervision is carried out in the manner prescribed by Article 20 of this Code.
2. When exercising control, the supervisory body shall have the right to:
1) receive in the interdepartmental order communication from the federal executive body performing the functions of forming official statistical information on social, economic, demographic, environmental and other social processes in the Russian Federation, and its territorial bodies, documents and information necessary to monitor the activities of a housing construction cooperative related to attracting funds from members of the cooperative for the construction of an apartment building;
(as amended by Federal Laws dated 03.07.2016 No. 304-FZ, dated 29.07.2018 No. 272-FZ)
1.1) exercise control over the observance by the housing construction cooperative of the requirements established by part 1 of Article 123.1 of this Code for the placement of information and documents;
(Clause 1.1 was introduced by Federal Law No. 304-FZ dated 03.07.2016)
2) receive, in the order of interdepartmental information interaction from local governments, documents and information necessary to monitor the activities of a housing construction cooperative related to attracting funds from members of a cooperative for the construction of an apartment building by a housing construction cooperative (including documents related to the construction apartment building);
2.1) receive, in the order of interdepartmental information interaction from the federal executive body exercising the functions of control and supervision over compliance with the legislation on taxes and fees, an extract from the unified state register of legal entities (information contained in it), documents and information necessary for the implementation of control over the activities of housing construction cooperatives, associated with attracting funds from citizens for the construction of an apartment building by a housing construction cooperative;
(Clause 2.1 was introduced by Federal Law No. 304-FZ dated 03.07.2016)
2.2) receive, in the manner of interdepartmental information interaction, from the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of internal affairs, documents and information necessary to monitor compliance with the requirements established by paragraph 1 of Article 116.1 of this The Code;
(Clause 2.2 was introduced by Federal Law No. 304-FZ dated 03.07.2016)
3) carry out, in accordance with part 4 of this article, an audit of the activities of the housing construction cooperative related to the attraction of funds from the members of the cooperative for the construction of an apartment building;
3.1) receive, in the order of interdepartmental information interaction, from the registration authority of rights, documents and information necessary to monitor the activities of the housing construction cooperative related to attracting funds from citizens for the construction of an apartment building by the housing construction cooperative;
(Clause 3.1 was introduced by Federal Law No. 304-FZ dated 03.07.2016)
3.2) receive from a housing construction cooperative and other persons with whom such a cooperative has entered into contracts related to the construction of an apartment building, in accordance with Article 11 of the Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and individual entrepreneurs in the implementation state control(supervision) and municipal control "period of documents and information that are necessary for the implementation of state control (supervision) over the activities of the housing construction cooperative, related to attracting funds from citizens for the construction of an apartment building by the housing construction cooperative, and the list of which is established by state authorities subjects of the Russian Federation;
(Clause 3.2 was introduced by Federal Law No. 304-FZ dated 03.07.2016)
3.3) receive quarterly reports from the housing construction cooperative on the implementation of the activities of the housing construction cooperative related to attracting funds from citizens for the construction of an apartment building by the housing construction cooperative, including on the performance of such a cooperative of its obligations to members of the cooperative and other persons, forms and in the manner established by the federal executive body authorized by the Government of the Russian Federation, as well as interim and annual accounting (financial) statements drawn up in accordance with the requirements of the legislation of the Russian Federation;
(Clause 3.3 was introduced by Federal Law No. 304-FZ dated 03.07.2016)
4) demand from the management bodies of the housing construction cooperative to eliminate the identified violations;
5) consider complaints from citizens and legal entities related to violations by a housing construction cooperative of the requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code;
5.1) take measures necessary to attract housing and construction cooperatives (their officials) to liability established by federal laws and the legislation of the Russian Federation on administrative offenses;
(Clause 5.1 introduced by Federal Law No. 304-FZ dated 03.07.2016)
6) apply to the court with an application in defense of the rights and legitimate interests of members of a housing construction cooperative provided for in this Chapter, who by their own means participate in the construction of an apartment building, in case of violation of such rights and interests;
7) send to the housing construction cooperative mandatory orders to eliminate violations of the requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code, and to establish time limits for the elimination of such violations;
8) take measures necessary to bring the housing construction cooperative and its officials to responsibility established by this Chapter and the legislation of the Russian Federation on administrative offenses;
9) send materials related to violations to law enforcement agencies mandatory requirements, to resolve issues on the initiation of criminal cases on the basis of crimes;
(Clause 9 introduced by Federal Law No. 304-FZ dated 03.07.2016)
10) exercise other powers stipulated by federal laws.
(Clause 10 introduced by Federal Law No. 304-FZ dated 03.07.2016)
3. In case of non-fulfillment by the housing construction cooperative within the period established by the controlling body of the order to eliminate the revealed violations, as well as if these violations pose a real threat to the rights and legitimate interests of the members of the housing construction cooperative, the supervisory body has the right to issue an order to suspend the activities of the housing construction cooperative. - a construction cooperative to attract new members of the cooperative until the housing construction cooperative eliminates the corresponding violations. In case of non-fulfillment of its instructions by the housing construction cooperative, the supervisory body has the right to apply to the court with a demand to liquidate this cooperative.
4. The subject of verification of the activities of a housing construction cooperative associated with attracting funds from members of the cooperative for the construction of an apartment building is the compliance by the housing construction cooperative with the mandatory requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building and Article 123.1 of this Code.
5. The basis for the conduct by the controlling body on the territory of the constituent entity of the Russian Federation, on which the construction is carried out, scheduled inspection is the expiration of one year from the date of issuance of a building permit to a housing construction cooperative or from the date of completion of the last scheduled inspection of such a cooperative in the territory of the constituent entity of the Russian Federation where construction is being carried out.
6. The basis for an unscheduled inspection is:
1) the expiration of the term for the housing construction cooperative issued by the supervisory authority to eliminate the violation of the requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code;
(as amended by Federal Law No. 304-FZ dated 03.07.2016)
2) receipt of applications and applications from citizens, including individual entrepreneurs, legal entities, information from public authorities, local self-government bodies, from funds to the controlling body mass media, information and telecommunication network "Internet", as well as from the unified information system of housing construction on the facts of violation of the requirements of part 3 of Article 110 of this Code, with the exception of the subsequent maintenance of an apartment building, and Article 123.1 of this Code;
(as amended by Federal Law of 25.12.2018 N 478-FZ)
3) the request of the prosecutor to conduct an unscheduled inspection within the framework of supervision over the implementation of laws on the materials and appeals received by the prosecutor's office.
7. The supervisory body, when exercising control, posts on its official website in the information and telecommunication network "Internet" information about the inspections of the housing construction cooperative, with the exception of information, access to which is limited by the legislation of the Russian Federation, as well as information about bringing to administrative responsibility for violation of the requirements of this Code and other requirements established by law.
(Part 7 is introduced by Federal Law No. 304-FZ dated 03.07.2016)
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