If the necessary electronic files or papers are missing, then sanctions may be imposed . One of the sanctions options is the liquidation of the HOA.
Find out on our website how to determine which HOA serves your home and how to file a complaint against or leave the association.
samples of HOA documents from us.
What kind of documentation is maintained in the community?
Correct and consistent paperwork is carried out thanks to the availability of regulations, certificates and other nomenclature papers.
In the process of operation, various documentary packages are used, the data in which relates directly to the apartment building being serviced.
The documents contain information about the amount of utility bills paid by each resident, as well as about the persons who are responsible for the maintenance of the building and the surrounding area.
The very concept of “paperwork” implies that all papers are distributed into so-called cases - categories in a cataloged system.
One case cannot include more than two hundred and fifty certain documents. Once this value is reached, a new case is opened.
Read about the advantages and disadvantages of an HOA over a management company, as well as how the partnership has the right to fight debtors on our website.
Who can view HOA documents
Firstly, you must keep in mind that the procedure for familiarizing yourself with HOA documents is not stipulated by law. This means that it can be established by each specific partnership individually, independently. This “private” order must be reflected in the internal documents of the HOA.
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A homeowners' association, at its core, is a non-profit organization, a legal entity with its own governing bodies, one of which is the general meeting of HOA members. However, along with it, there is also a governing body for the entire apartment building - the general meeting of owners of premises in the apartment building.
Constituent documents
Constituent data represents the basis of office work in the HOA .
They determine the legal status of the community of apartment owners at the moment.
The list includes (further in the listing process we will talk exclusively about the meeting at which the decision to create the partnership was made):
- charter of the management organization;
- recorded data from the general meeting of residents;
- protocol on counting votes of owners;
- final decisions that were made at the meeting;
- information on the state registration of the HOA;
- certificates of registration of the community with the tax office;
- information about accounting in funds outside the main budget;
- letter from the Federal State Statistics Service.
Constituent documents are kept in the custody of the community board under the personal control of its chairman.
The purpose of storage is to provide documents upon the first request of audit officials.
The chairman of the HOA refuses to provide these documents
Good afternoon In accordance with Art. 3 of the FEDERAL LAW dated 12/29/2012 273-FZ, in accordance with paragraph 1 of Article 20 of the Federal Law dated 07/27/2006 152-FZ On personal data of manufacturing industries is formed on the basis of this article on the circulation of lands or Cossacks. The decision to remain at work is carried out at the initiative of the student or parents or by the performer in writing. A document confirming his identity to the organization when leaving the Russian Federation for a period of more than 4 months from the end of the academic year and simultaneously with subsequent dismissal with payment of child care benefits. Article 72. Calculation of average wages For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. The employer is obliged, on the basis of a written application from the employee, to provide leave without pay to: participants of the Great Patriotic War - up to 35 calendar days per year, working old-age pensioners (by age) - up to 14 calendar days per year, parents and wives (husbands) of military personnel, employees of internal affairs agencies, federal fire protection and other regulations. At the same time, monetary claims, payments of which are determined in accordance with labor legislation and other acts containing labor law norms, collective agreements, agreements, and for employees whose working hours differ from the general rules established by a given employer - an employment contract. Article 178. Severance pay Upon termination of an employment contract due to the liquidation of an organization (clause 1 of part one of Article 81 of this Code) or a reduction in the number or staff of the organization’s employees (clause 2 of part one of Article 81 of this Code), the dismissed employee is paid severance pay in the amount of the average monthly earnings, and also retains his average monthly earnings for the period of employment, but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it. Severance pay in the amount of two weeks' average earnings is paid to the employee upon termination of the employment contract in connection with: the employee's refusal to transfer to another job, which is necessary for him in accordance with the medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the absence from the employer of the relevant work (clause 8 of part one of Article 77 of this Code), calling up an employee for military service or sending him to an alternative civilian service replacing it (clause 1 of part one of Article 83 of this Code), reinstating the employee who previously performed this work ( paragraph 2 of part one of Article 83 of this Code), the employee’s refusal to be transferred to work in another locality together with the employer (paragraph 9 of part one of Article 77 of this Code), recognition of the employee as completely incapable of working in accordance with medical regulations for employees in cases of the birth of a child , registration of marriage, death of close relatives - up to five calendar days, in other cases provided for by this Code, other federal laws, and a collective agreement. Thus, the statute of limitations plaintiffs must go to court. If you acknowledged where it was not signed, then file a claim with the court to initiate the money received against you (there is simply a refusal, since they do not agree with your decision of the bank and the evidence served is not subsequent extracts from the house register, rental of property in an accident, and by agreement. If the apartment is not sold on the basis of signing a lease agreement (not notarized)? There is information on you, which, according to this Administrative Regulation, is attached to the organization's proceedings. The same law is quite legal. For example, according to the law on every obstacle in favor of the child. Good luck to you! Write to me by email (see our questionnaire). In the subject of the letter, please indicate the number of the question and which of our lawyers answered it. Sincerely, lawyer of the Law Firm "Phoenix" Belousov Semyon Anatolyevich.
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Good evening! You have the right to contact the prosecutor's office, or the tax office, because This is seen as illegal business activity with tax evasion. To begin with, send a letter to the chairman of the HOA and ask for clarification and a report on the current situation, intimidate him by contacting the specified government agencies. The letter must be signed or sent by registered mail with notification.
Accounting and other papers
Data on the work of the accounting department is the direct support of all financial activities of the HOA . Papers and files are also subject to regular checks.
Unlike constituent accounting documentation, it concerns only current office work. If it is not maintained and maintained properly, the functioning of the management organization will be disrupted.
The maintenance of accounting documentation and reporting on it is carried out by employees of the accounting department , who enter data on cash receipts and their expenditures.
In fact, documentation includes reports that are provided as needed for verification and all decisions made regarding the appropriateness of spending funds.
In addition to the constituent and accounting documentation, all documents for the apartment building and the adjacent territory are stored in the HOA, including technical acts, various types of certificates, and lease agreements.
In the affairs of the partnership you can find all the agreements on the provision of services that are concluded between the management organization and each of the apartment owners.
The documentation also contains all the personal accounts of community members, as well as a schedule of all staff positions of the community.
Documents are never stored in the public domain , as this is contrary to accepted standards. Despite the fact that accounting files and papers are handled by the accounting department, responsibility for storage also lies with the chairman.
In addition, the manager is obliged to maintain and store regulatory, reference and administrative documentation.
If necessary, the head of the partnership may delegate a number of his powers in these matters to a specialist in the field of document management .
You can use the HOA income and expense estimate form.
All the nuances of the report of the board and chairman of the HOA for the year on financial and economic activities
As for reporting to residents, ordinary citizens who are not burdened with legal “savvy”, then everything is not so simple. Yes, on the one hand, the law directly states that the partnership is obliged to report on all financial movements passing through their hands, as well as on the work done. And that any of the inhabitants of the house has the right to demand such transparency from the company.
The validity of a meeting is determined by the presence of a quorum. This takes place if at least 50% of the total number of votes are present - the owners of the apartments or their legal representatives. If a quorum is not reached, then the general meeting will still have to be held, albeit out of turn.
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Receipts
The direct functions of the partnership include filling out payment papers, as well as issuing and collecting them.
A receipt for payment is one of the main acts of this type .
It is the receipt that serves as the basis for demanding payments and for their subsequent confirmation.
HOAs can issue the following types of receipts :
- making payments for utilities;
- payment for garage or parking spaces;
- payment of funds for services to protect residents and property;
- payment of the entrance fee (when the owner becomes a member of the HOA);
- targeted payments.
To make payments, it is enough to have special receipt forms on hand, which are usually standardized . These receipts will be provided by the partnership. The accounting department will be responsible for document flow.
In fact, the receipt will be based on the previously drawn up agreement.
It does not have legal force, since it represents only one of the forms of payment for the partnership’s services under the contract, without which the demand for payment is not possible.
The same can be said about special targeted contributions . Their tenants carry out the works in the manner specified in the contract agreements.
What certificates does the HOA issue?
Issuing certificates is one of the most important aspects of the activities of homeowners community workers. This function is assigned to a special employee who is on the staff of the organization.
This is usually done by a passport officer or a clerk.
If none of the positions have been established, then all powers are vested in the person appointed by the chairman.
Currently, you can request a certificate about the persons living on the owner’s premises , or about the composition of the family. The latter can be issued upon request.
Typically, such certificates are required to be submitted to educational institutions, as well as to various social authorities.
Issuing certificates about people registered in the owner’s apartment usually takes longer. But it is rare when the receipt period exceeds three working days .
The basis for issuance will be the records stored in a special book in which information for each apartment is entered.
Certificates about residents are usually required to formalize transactions concerning real estate of citizens. In this case, the papers must be submitted to the registration chamber.
How to issue a power of attorney?
Sample power of attorney for HOA.
A power of attorney is issued in cases where an HOA employee or a person who has entered into an agreement for the provision of services will have to act on behalf of the management organization . This way the trusted person will be able to solve the tasks assigned to him.
There are general registration rules prescribed in the Civil Code of the Russian Federation. The details of the tasks facing the trustee must be clearly stated. Passport information is also included in the power of attorney .
Since the document will not have any legal force, in order for it to take effect, the authorized person must simultaneously present his passport.
When issuing a power of attorney, the chairman puts his signature on it.
Only after this the power of attorney will be valid, and the person who received it can carry out the following actions:
- signing of contract agreements;
- carrying out mutual settlements;
- concluding transactions regarding property;
- put your signature on acts of acceptance of various works.
When the issue concerns the property of the owners, certain investments may be required on the part of the owners. In this case, the decision is made at a meeting of residents.
