The creation of a housing cooperative begins with a meeting of participants in the shared construction of an apartment building, which is formed by an initiative group of shareholders. So, let's talk about how to create a housing cooperative?
Step-by-step instruction:
- At the meeting of founders who voted for the establishment of the institution a decision is made to form a society.
- The decision will have a background for the further course of the possession of the votes of equity holders who have a desire to enter the enterprise. Wherein their calculation should not be less than 5 and exceed the number of residential meters in the future home construction.
- When joining a housing cooperative a person fills out an application indicating the size of the share, the decision on admitting a shareholder is made at the meeting.
- The opportunity to join is available to persons who are already 16 years old and legal entities.
Thus, the decision to organize a housing cooperative is made by both equity holders and founders.
The following details are considered through the assembly:
- establishment and registration of an institution;
- the volume of shares of introductory, membership and legal shares contributed by shareholders;
- the management team is elected;
- the plan of the final measures for the construction of an apartment building is being studied;
- the calculation of shares in the end of the construction of a high-rise building is performed;
- the charter is approved in accordance with Art. 113 LCD RF.
Now, let's take a closer look at the documents that are involved in the creation of a housing cooperative.
Constitutional document
The charter required for registration of a legal entity with the required authorities and is the main constituent paper.
The charter states the following information:
- the name of the institution;
- location address;
- subject and purpose of work activity;
- method of enrollment in shareholders;
- rules for withdrawal or exclusion from society;
- responsibility for failure to comply with the requirement;
- the procedure for implementing decisions by the management and control bodies;
- a way to get rid of losses;
- method of reorganizing and deleting an enterprise.
During the formation of the charter, it should be borne in mind that in order to finance construction for convenience, the organization should be formalized as a non-profit... For this purpose, a clear formulation of the list of its main types should be created, taking into account the requirements of the law on taxation of corporate profits.
Share contributions
This aspect is an integral part of the organization and state registration of a housing cooperative. Contributions - are the main source of property of the organization and are part of it, it also forms the initial capital, the minimum amount.
The property of the organization, like all legal entities. persons are property. Residential premises are not the property of an enterprise only when a share has been paid for it.
Also the charter provides for the provision of a share contribution to cover the loss of the organization, which is documented at the end of the year. This share must be paid within 3 months after the formation of the annual balance sheet. If one of the members fails to make a share contribution, the responsibility falls on the shoulders of other participants.
but resort to additional penalties in extreme caseswhen the enterprise has exhausted its entire limit.
Organization scheme of housing cooperative
In order for the housing cooperative to acquire legal force and legality, carry out registration with state registration authorities respectively Art. 51 of the Civil Code of the Russian Federation, Federal Law of 08.07.01 "On state registration of legal entities and individual entrepreneurs."
List of papers required to open a housing cooperative:
- Application for state registration of housing estate in the form 11001, approved by the Decree of the Government of the Russian Federation of 01.01.01, No. 000.
- The application is reserved by the signature of an authorized person who has a notary confirmation.
- Minutes of the general meeting, signed by all participants.
- Charter in 2 copies, 1 for the registering authority.
- Papers confirming the presence of authorized capital or property and value in monetary terms.
- Receipt of payment of state tax, which corresponds to ten tax-free minimum citizens.
This the procedure in relation to the cooperative is carried out within 5 days... During this time, detailed data are entered into the Unified State Register of Legal Entities, information about the organization is recorded in the register on the basis of the provided folder of documents in the MIFNS.
After the procedure, the company has the status of a legal entity. faces, and the citizens in the composition are referred to from Part 5 of Art. 112 LCD RF.
Article 112. Organization of a housing cooperative
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.
Documents required for registration must be filled out in the state language, and the registration card in printed letters. All signatures are notarized.
Next Steps for Registering a Housing Cooperative:
- After receiving registration documents, the enterprise is included in the Unified Register of Enterprises and Organizations in statistical bodies.
- Make seals and stamps.
- Registration of housing cooperatives in the Pension Fund.
- In the Compulsory Social Insurance Fund.
To properly prepare papers, such information is needed:
- full and abbreviated name of the legal entity;
- information about the management who has the right to perform work without a power of attorney, acting on behalf of the institution - the General Director, the manager and other senior staff;
- subject to restrictions, the term of office of these persons;
- types of activities that this legal entity is obliged to carry out;
- address, location, contact details;
- information about the persons on the board.
Protocol on the establishment of a housing cooperative
The minutes of the first constituent assembly is another important piece of paper required during the registration of a legal entity. faces. There is a certain order of its maintenance, which is clearly seen in the copies of this protocol.
Since 2014, this sample has undergone some changes. in the design of the meeting of legal entities and the very content of the first constituent meeting has changed. All the necessary papers with the Protocol and an application in the required form are submitted to the registration structures.
The first protocol contains information about the establishment of the enterprise, the name, the authorized capital, the composition of the founders and their shares in the capital. The first constituent protocol reserves the fact of the choice of the head.
The minutes contain information about the agenda, which is important for the registration of the organization.
All founders now become applicants, which means that everyone signs a statement in the form of P11001 at the notary.
And the document indicates one founder responsible for state registration and payment of the fee.
All shareholders are required to be present when submitting a package of documents to the IFTS or give permission to the representative, certified by a notary, for the delivery and receipt of documents.
Position of members
When accepting a citizen as a co-founder, he is provided with premises commensurate with the shares contributed... This decision becomes the background for the tenant to move into the house. Ownership, use and disposal of the allocated territory is possible only on the basis of membership in a cooperative.
A member or a certain number of them have the right to a share. The size of the share contribution is fixed.
It is possible to acquire documents for the ownership of housing only as a result of the full payment of the share.
The ownership of real estate in a multi-apartment cooperative building is subject to the rights of Ch. 6 RC "Common property of owners of premises in an apartment building. General meeting of such owners (129 LC).
ZhK RF, Article 129. Ownership of a living space in an apartment building of a member of a housing cooperative
1. A member of a housing cooperative acquires the right of ownership of a dwelling in an apartment building if the share contribution is paid in full.
2. The property relations in an apartment building in a housing cooperative subject to a fully paid share contribution by at least one member of the housing cooperative shall be subject to Chapter 6 of this Code.
If a member of the cooperative has not paid the full contribution, wants to leave, he has the right to do so with the consent of the shareholder and the board of the cooperative. If the departure is temporary, these residential meters are rented out. Also for rent, empty premises are rented until the owners appear.
Grounds for termination of participation in the organization of housing construction, housing cooperatives, enshrined in Art. 130 LCD:
- voluntary withdrawal of the shareholder;
- exclusion of a participant from the cooperative by a majority;
- liquidation of a legal entity that is a shareholder;
- elimination of a housing construction cooperative;
- the death of a person who is a co-founder of a housing institution. In this case, relatives have the privilege of joining society and disposing of the corresponding living space.
If a shareholder who has not paid the full contribution is excluded from the cooperative, the share belonging to him is returned within 2 months in accordance with Art. 132 LCD. In the event of the demolition of a house belonging to an institution, Articles 32 and 86 apply to members of the cooperative.
ZhK RF, Article 132. Return of the share contribution to a member of a housing cooperative expelled from a housing cooperative
A member of a housing cooperative who has not paid the full share contribution and has been expelled from the housing cooperative is paid the amount of his share within the time frame and on the terms provided for by the charter of the cooperative. The term for such payment may not be more than two months from the date of the decision by the housing cooperative to expel a member of the housing cooperative.
Conclusion
The creation of a housing construction society does not have any special specifics. The method of registration in the tax authorities depends on the quality of the compilation.
The key point is the drafting of the charter, especially in the place of describing the types of responsibilities, goals, objectives and liquidation of the organization.
We hope the article helped you not only to learn about a housing cooperative, how to create an institution, but also what documents are needed for this.
In our country, there is a change in relations in the housing sector. It poses many problems for lawyers and legislators that were not previously known. Among them are difficulties with the implementation and legislative regulation of ownership rights to apartments in housing estates and housing cooperatives for legal entities and individuals. From a legal point of view, some aspects of this problem are already regulated in some Federal Laws, which were adopted relatively recently. By law, citizens can choose their own way of managing an existing apartment building.
Among them is the Civil Code of Russia, which created a separate chapter on property rights to apartments for legal entities and individuals. Housing cooperative is a community of citizens and organizations created on a voluntary basis to meet the housing and household needs of members. The creation takes place as a result of the pooling of shares. It is a way to manage an owned apartment building.
They are created to meet the housing and household needs of shareholders. He is able to combine individuals and legal entities.
Housing complex of Russia defines the concept of housing cooperative. It consists of individuals and legal entities who entered it voluntarily to resolve issues with housing and take part in the management of the house. By investing their own money, they stand, buy, renovate and maintain a multi-storey residential building. LCD refers to consumer and all provisions that concern them should not be attributed to other special organizations. Including, created to resolve the issue of housing under the current Federal Law.
The way of managing an existing apartment building, the creation and functioning of these companies is determined by the existing Federal Law. They cannot have less than 5 participants. And the maximum number of members does not exceed the total number of apartments in a high-rise building, which is planned to be built or purchased.
The decision to create a housing cooperative can only be taken by the community of founders, which includes the entire list of persons who want to create this way of managing an apartment building owned by it.
According to the current Federal Law, the decision of the creators to organize a new housing cooperative is competent, in the case when the majority of the assembled legal entities and individuals voted for this. These people and organizations become members of the HCC after it is registered by the local authorities. The expression of will of the founders of the housing cooperative must be recorded. Only in this way will the chosen method of managing the existing apartment building be eligible.
Who can become a participant of the LCD
Citizens of the Russian Federation who have turned 16 years old and organizations can join a housing cooperative. Poor people have the advantage of joining a cooperative that was created with the support of the Russian authorities, including regional and local ones. The current Codes recognize the right to become a member of a cooperative on an equal basis with all minors who have reached the age of 16.
Existing laws on consumer cooperatives are not used for highly specialized 
forms (to which ZhK and ZhKK belong). The adopted law on housing savings cooperatives regulates issues of law, economics and organization of the basis for their existence for the collection and disposal of financial investments of individuals. Which were provided by members of the savings cooperative for the purchase or construction of housing in Russia and transferring it to their ownership after all contributions for the share have been paid.
The aforementioned Federal Law is intended to protect the interests and rights of individuals who have joined the JK. One of the articles of the Federal Law provided for the possibility of participation in the organization for persons up to 16 years of age, provided that they became fully capable due to marriage. Therefore, minor citizens of the Russian Federation, under certain conditions, can also choose the method of managing an existing apartment building.
Persons who have an advantage in joining a cooperative that was created with the support of state bodies (federal, regional or local) include:
- Persons who are recognized as poor, who need apartments on the basis of existing housing standards.
- Citizens belonging to other categories that are defined by local or federal law and who need apartments.
How ZhK and ZhSK are managed
The Federal Law of Russia is forced to take into account the fact that cooperatives (including housing cooperatives) themselves determine their essence. The management bodies of a housing cooperative are the following:
The audit committee should perform the following work:
- Every year (as often as possible) conducts a scheduled audit of the accounting department and the economic part of the housing cooperative.
- The general meeting receives a report on the work done, the state of financial affairs, budget execution, the amount of membership fees.
- Conducts sudden checks of accounting and other documents. To do this, he is given the opportunity to access all the papers of the housing cooperative.
- Submits regular reports to the general meeting of JK shareholders on the results of their work. She makes one of its members the chairman of the audit commission.
- The management of the apartment building owned by the owners is carried out by the indicated authorities.
Conclusion
The current Federal Law and other regulations state that the charter of a housing cooperative must contain data:
- The name of the ZhSK.
- Where is it located (exact actual and legal address).
- The concept of goals and objectives of creation.
- A way of accepting new members into a cooperative.
- Membership termination method.
- Method of receiving contributions (including shares).
- What does the share, entrance and other contributions consist of?
- What liability is incurred for violators of mandatory payments.
- The concept of management methods and their competence.
- The concept of ways to control the cooperative.
- The manner in which decisions are passed (when unanimity is needed, and when qualified majority).
- As members of the cooperative will cover the budget deficit.
- The procedure for changing or terminating work.
- Other points that do not contradict the Federal Law and the Housing Code of the Russian Federation.
The state registers the LCD according to the laws in force concerning legal entities. persons. Any organizations and enterprises can participate in housing and construction associations. The roles of legal entities and individuals in the association are equal.
The established organizations, the types of which are described above, are able to help many people in solving their problems with housing. A plus to this is the possibility of direct participation in resolving current issues.
CAN Housing Cooperatives Manage An Apartment Building?
The question sounds, to say the least, strange ... Well, of course they can manage, - say most of the sane. After all, it is this method of management that is specified in clause 2 of part 2 of article 161 of the Housing Code of the Russian Federation: one of the three methods of managing an apartment building is the management of a homeowners' association, or a housing cooperative, or another specialized consumer cooperative. What doubts can there be?
But let's not rush to conclusions. Since, in the opinion of the Housing Inspectorate of the city of Moscow, housing cooperatives cannot manage an apartment building at all. They can, but not all. And only those cooperatives that were created after 2011. But those housing cooperatives and housing cooperatives that were created before 2011, and according to the registration authorities, there are more than 40 thousand organizations in our country, these cannot.
Many of our readers will most likely be surprised and think that there is probably some mistake in this judgment. It sounds painfully strange that housing cooperatives that have been successfully managing houses for the past 30 and 40 years, and some even more so, sharpened at the time by the same cooperatives, now can no longer do this. And how do you think these houses, built in large numbers before 2011, should be managed? "In our opinion," says the Moscow Housing Inspection, "only through the managing organization."
Some kind of game! - the sane will say. Where does this follow? Indeed, in the Housing Code, no restrictions on such housing construction companies are indicated.
We, of course, agree that there are no restrictions in the Housing Code, but the Housing Inspectorate still noticed such restrictions between the term of the law, with which the Moscow Arbitration Court hastened to agree, making a decision on the application of the Kaunas Housing Cooperative about challenging the order of the Moscow Housing Inspection for the exclusion of targeted contributions from payment documents. And further, both the 9th Appellate Arbitration Court of the city of Moscow and the Arbitration Court of the Moscow District also agreed with their colleagues, supporting such an exotic opinion expressed in the decisions in the case A40-27092 / 2014.
Case story
In Moscow, perhaps in the only region, the maintenance fee is subsidized. At the expense of budgetary subsidies, the so-called. "Rate of planned and standard consumption" for owners of a single home. The amount of payment approved by the Moscow Government for the maintenance and repair of common property (depending on the degree of improvement) is 13.50 - 17.50 rubles, and the rate of planned normative expenditure is from 19.12 rubles. up to 24.53 rubles, respectively, the difference is made up by budget subsidies for shortfalls in income to management organizations, homeowners associations and housing cooperatives.
Over the past few years, the responsible employees of the Moscow Housing Inspectorate have developed a strong opinion that if the housing cooperative receives a subsidy to compensate for lost income, then additional (targeted) contributions that the housing cooperative has always traditionally collected for their management needs (the salary of an accountant and chairman, often a commandant, other expenses, related to the work of the board, including the organization of general meetings) are illegal. Accordingly, instructions were issued “to exclude earmarked contributions from the ENP”.
Until 2014, many ZhSK successfully challenged such actions of MJI officials in arbitration courts, but since March 2014, there has been a change in approaches, and the Moscow Arbitration Court began to refuse such claims of ZhSK. And in the story with ZhKK "Kaunas", which we mentioned as an example, the Moscow Housing Inspection and the Arbitration of three instances, echoing the MJI, "agreed" to the point that ZhSK created before 2011 had no right to manage MKD at all and stated their categorical point of view based on the following arguments (quotation from the judgment):
"In accordance with the Federal Law of 30.11.2011 N 349-FZ" On Amendments to the Federal Law "On Assistance to the Development of Housing Construction" and Certain Legislative Acts of the Russian Federation "(entered into force in December 2011) the requirements of Part 1 of Article 110 of the Housing Code RF as amended by Federal Law No. 349-FZ dated 30.11.2011 apply to housing cooperatives and housing construction cooperatives created after the date of entry into force of this Law. Consequently, all housing cooperatives created before December 2011 do not have the right to manage apartment buildings.
HCC "Kaunas" was established in 1982, registered in the Moscow Registration Chamber on July 08, 1996 (according to the certificate of making an entry in the Unified State Register of Legal Entities, paragraph 1.1 of the Charter of HCC "Kaunas"). Thus, HCC Kaunas does not have the right to manage an apartment building in accordance with the current legislation, and therefore, on July 7, 2011, a contract for the management of an apartment building was concluded between HCC "Kaunas" and GUP DEZ of Biryulevo Vostochnoye district, that is, the managing organization in This house was determined by the State Unitary Enterprise DEZ of the Biryulyovo Vostochnoe district.
According to clause 2.2 of the said agreement, the Management Organization, on the instructions of the HCC, undertakes to provide services and perform work on the proper maintenance and repair of the common in the apartment building at the address: st. Lipetskaya, 13, to provide utilities and other services to the owners in accordance with clauses 3.1.2 - 3.1.4 of the Agreement, to carry out other activities aimed at achieving the objectives of management of MKD.
According to Art. 161 of the RF LCD, an apartment building can be managed by only one management organization, in the house at Lipetskaya, 13 of which is the State Unitary Enterprise DEZ of the Biryulevo Vostochny district. However, in violation of the requirements of the legislation and the current management agreement for the apartment building, HCC “Kaunas” charges the members of the HCC “membership fees”, which, according to the estimate of income and expenses for 2013 presented by HCC Kaunas, are spent on management (administrative management).
Consequently, the fees for management services from the residents of this house are made twice and the collection of HCC “Kaunas” from the owners of the premises of MKD membership fees for the service “Management (Administrative management) is illegal, which served as the basis for issuing the specified order”.
So, with a stroke of the pen, the arbitration courts of Moscow determined the fate of two and a half thousand housing cooperatives in the capital, and other forty thousand cooperatives that manage their homes in the vast expanses of our Motherland.
Fair decision
A fat point in this theoretical dispute on the topic "can a housing cooperative manage an apartment building?" set the Supreme Court by ruling of the Collegium for Economic Disputes of the Supreme Court No. 305-KG-1770 dated September 10, 2015. This judicial act is also significant in that it determines the position of the Supreme Judicial Body in several more theoretical disputes:
First: a housing cooperative can conclude an agreement with a management organization, and this does not entail a change in the management method... This is important, because in Moscow, and after Moscow, too many authorities in power believe that the management agreement concluded by the housing cooperative is either two methods of management in one, which is not permissible, or such an agreement is a sign of a change in the management method from the housing cooperative to the management company. ...
Second: the decisions made at the general meeting of the members of the housing cooperative have priority in relation to the opinion of the Housing Inspection, since these decisions of the meetings were not challenged by anyone. And this is also important, since the Moscow Housing Inspectorate has taken on the boldness to consider general meetings invalid in cases where the MJI suddenly saw any inconsistencies during the documentary inspection, and issues an order directly opposite to the decision of the general meeting. In this case, the contested prescription meant to exclude “earmarked contributions” from the ENP, although the amount of such contributions and the procedure for their payment was approved by the decision of the general meeting.
The conclusion follows: if GZI does not agree with the decision taken at the general meeting, then GZI has exactly the same right to challenge the decision of such a meeting in court.
The third, important statement of the Collegium of the Supreme Court comes down to the following: if there is a housing cooperative in the house, then it is this fact that determines that this particular management method has been chosen in the house, and additional confirmation of the chosen management method in the form of a decision of the general meeting of owners is not required. This is also important, since in Moscow there is a widespread practice of “giving away” houses to housing cooperatives by district administrations for tenders for the selection of management organizations due to the fact that “no management method has been chosen” in the houses of housing cooperatives due to the absence of such a protocol of the general meeting of owners.
Well, and the last thing that has already been mentioned: interpretation of the Law on Amendments to Art. 110 of the Housing Code of the Russian Federation on the part of the MZH and the courts of all three instances, from which it was concluded that the housing cooperatives, created before 2011, do not have the right to manage the MKD - is fundamentally mistaken and in no way reflects the essence of the law.
The determination of the collegium for economic disputes of the Supreme Court in this case noted the following: “Since, in accordance with Article 110 of the Housing Code, the purpose of creating a housing or housing-building cooperative is also the management of an apartment building, and in accordance with part 2 of Article 161 of the Code, management of a housing-building cooperative is an independent way to manage an apartment building; The possibility of concluding a contract for the management of a house with a specialized management organization provided for in part 2 of Article 162 of the Code does not contradict these norms and does not change the provision on the existence of only one method of managing an apartment building.
The conclusion of an agreement for the management of an apartment building of ZhKK "Kaunas" with a management organization not only does not terminate the cooperative's obligations to the owners of premises in such a building, but also presupposes the emergence of a new obligation - to control the fulfillment of contractual obligations by the management organization as a service provider.
Thus, the conclusion of the courts that in this particular case the cooperative is not entitled to manage the apartment building, and the managing organization is the State Unitary Enterprise "DEZ of the Biryulyovo Vostochnoye District" is not based on the law "
The author hopes that the opinion of the Collegium for Economic Disputes of the Supreme Court will be reflected in all subsequent decisions of the courts, and similar cases, which significantly violate the rights of housing cooperatives, and all housing associations.
E. Yunisova, Executive Director of the Association of Homeowners' Associations and Housing Cooperatives
Managing an apartment building is a very complex process that requires knowledge in various areas of legislation. This is especially true of legislative acts adopted in the field of housing and communal services. The number of adopted documents is increasing every year and it is very difficult to understand all this. Living in apartment buildings is very different from living in a private house. First of all, this is due to the numerous problems and solutions that need to be solved together by the majority of owners. To maximize the efficiency of house maintenance, you first need to resolve the issue of managing an apartment building, which is suitable for all owners. To do this, you need to choose a way to manage an apartment building.
Management of an apartment building by a management organization
The management of an apartment building by a management organization is the most common form of management of residential buildings. This method is convenient for several reasons. Firstly, any number of houses located in any territorial location can be united in the management organization. Secondly, the form of management of the MA is primarily a commercial organization, which was created to make a profit. Therefore, it is only the director of the organization and by no means the owners who decide what salary the company's employees will have. Thirdly, the management organization can conclude management contracts with both the whole house and the HOA or the whole housing cooperative, if the owners vote for it. It is also possible to provide services not for the management of the house, but only for its maintenance. This method is very convenient for residents who have chosen a direct form of management or where payments are made directly.
Conclusion of a management agreement for an apartment building
In order for the managing organization to be able to conclude a management agreement for an apartment building and start managing it, the owners must elect it by a majority vote. At the meeting of owners, tariffs for the maintenance and repair of housing should also be established, according to which the organization will work, and issues about the use of common property at home should be resolved. For example, basements for employees of the organization and other organizational moments. After the meeting, the beginning of the management of the house will be the date of the conclusion of the management agreement, which must be concluded with the majority of the owners of the entire house. The management contract will be the main document in accordance with which the work on the management of the house will be carried out. My advice is to read this document as carefully as possible. Of course, the management organization is obliged to comply with all the norms of housing legislation and there should be no deviations. But as often happens in modern legislation, some concepts can be blurred and therefore they can be clarified in the management contract as it is beneficial for the managing organization.
With all these advantages, the MA, in contrast to other forms of management of apartment buildings, is more susceptible to inspections and supervision in general. An owner who understands where to go with a complaint in case of failure of the MA on a specific issue will always be able to get certain work carried out. The managing organization is obliged to carry out all work in accordance with the rules for maintaining the common property of an apartment building, ensure the provision of utilities, adhere to the rules for carrying out activities for the management of apartment buildings and observe other norms and rules in its work.
Sample contract for the management of an apartment building
When managing an apartment building by a managing organization, it is responsible to the owners of the premises for the provision of all services and work. She is obliged to ensure the proper maintenance of common property in this house and their quality, which must comply with the requirements of technical regulations and the rules for maintaining common property in an apartment building established by the Government of the Russian Federation, as well as for the provision of utilities, depending on the level of improvement of this house.
In this case, pay attention to the contract for the management of an apartment building. Sign only after making sure that it includes all the services necessary for a comfortable stay in your home. You can read and download an example of a management contract.
The procedure for managing an apartment building
The procedure for managing an apartment building is governed by the rules for the implementation of activities for the management of apartment buildings. They were approved These rules define the management standards for apartment buildings, which describe the responsibilities of management companies, their powers and norms of interaction with owners. In the order of management, the norms for storing technical documentation of a house and transferring it to another management company in case of re-election, obligations to conclude contracts for the provision of utilities, obligations to disclose information about the company's activities, prepare proposals for setting tariffs for maintenance and repair of housing in accordance with the minimum a list of works in a residential building, as well as the work of the emergency dispatch service.
Apartment building management license
One of the main innovations in the field of management of multi-apartment residential buildings was the adoption of the law on the licensing of management organizations. In accordance with the additions to the Housing Code of the Russian Federation, only managing organizations are required to obtain a license to manage apartment buildings. This was done so that the supervisory authorities had the opportunity to eliminate negligent companies from the market for the provision of housing and communal services without the right to restore their activities, as well as to exclude events when several organizations manage one apartment building.
The process of obtaining a license to manage an apartment building itself does not carry a special burden for a new company. It is enough to contact the State Housing Inspectorate with an appropriate application, pass the exam to the head of the managing organization, pay for the state. duty and, in general, this is the end of the process. If the managing organization does not cope with its responsibilities and the supervisory authorities receive constant requests from citizens from a certain house, then the GZI can either exclude a particular house from the register of houses that are managed by the MA or revoke the license to manage all houses. These innovations were supposed to help make the market for management organizations more understandable and transparent.