HBC is a housing cooperative, which is a voluntary association of a group of people or organizations for the purpose of building apartment buildings.
The history of the emergence and development of housing cooperatives
ZHSK is a rather old and proven scheme for the construction of residential apartment buildings. The appearance 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 became widespread. In the 80s, such construction of residential apartment buildings was about 8%.
In 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, at the initiative of deceived buyers, housing cooperatives are created, to which all rights tocompletion of construction.
Legal basis
Currently, the legal framework for the activities of housing cooperatives is regulated by housing legislation. The term "housing-building 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 Civil Code of the Russian Federation (CC 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 cooperatives organized in accordance with the current legislation. 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
Members of the housing cooperative, according to the law, cannot be less than five. However, the total number of participants in a cooperative should not exceed the amount of apartments in a residential building under construction or acquired. At the general meeting, a decision is made to form a housing cooperative. This event can be attended by persons who wish to unite for the purpose of building a house. At the meeting, the Charter of the housing cooperative is also approved. After the state registration of the cooperative and obtaining the status of a legal entity, the participants who voted for the creationcooperative, become members of the housing cooperative. Decisions of the meeting of the founders of the housing cooperative are recorded in the minutes.
Charter of a housing construction cooperative
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, subject and purpose of activity, the rules for joining the housing cooperative, the procedure for leaving it, the size of admission and share contributions, various payments, the composition and rights of the governing bodies of the cooperative, the procedure for the adoption by the control bodies of various decisions, on the possibility of covering the incurred losses and the rules for the reorganization or liquidation of the cooperative. Despite this, the Charter may contain other conditions that do not contradict the current laws of the Russian Federation.
Government Bodies
According to Art. 115 ZhK RF, the governing bodies of the housing cooperative 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 stated in the Charter of the cooperative - conference;
- governing bodies and 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 highest governing body. It is convened in accordance with the provisions of the Charter. The competence of the supreme management body is also regulated by the Charter of the housing cooperative.
A meeting of participants is legal if it is attended by a majority of all members of the cooperative. A decision cannot be made if 50% or more of those present at the meeting voted againstproposal under consideration. The decision adopted and written in the protocol is binding on all members of the building cooperative.
The management apparatus and control bodies are also elected by the participants in the general meeting of 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 governing bodies of the housing cooperative are accountable to the general meeting of members of the cooperative.
Responsibilities of the chairman of the housing cooperative
Chairman of the board of the building society:
- obliged to ensure the implementation of decisions taken by the board;
- protect the interests of the cooperative, conclude deals and act without a power of attorney on behalf of all members of the cooperative;
- has other powers that are not included in the duties of the general meeting of 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 audit commission is elected for a period not exceeding 3 years. The number of members included in its composition is spelled out in the Charter of the cooperative. Members of the audit commission cannot hold senior positions in the housing cooperative, as well as be listed in other management bodies of the building cooperative.
The Chairman of the Audit Commission is elected by its members from the existing composition. The duties of auditors include:
- annual audits of economic andsettlement activity of the cooperative;
- preparation of opinions on the budget, intended use of funds, annual report and mandatory contributions;
- report to the members of the general meeting on their activities.
Auditors have the right to audit the financial and settlement activities of a building cooperative at any time and have free access to all internal documentation of the housing cooperative. The operating procedure and powers of the audit commission are prescribed in the Charter of the cooperative.
ZhSK membership
To become a member of the housing cooperative, you must submit an application to the board of the housing cooperative. One calendar month is allotted for its consideration. The decision is made at the general meeting of participants and recorded in the relevant document (minutes). The status of a member of the housing cooperative is acquired after paying the entrance fee. A member of the housing cooperative can confirm his participation in a housing cooperative with a certificate (extract), which is issued according to his application.
Mechanism for housing construction with the help of housing cooperatives
After the approval of the Charter at the general meeting of members of the housing cooperative, a housing construction cooperative must undergo mandatory state registration in order to acquire the status of a legal entity. Further, construction according to the housing construction scheme takes place in stages:
- 1 stage - registration of documents on the rights to a land plot for construction. The housing cooperative must receive, in accordance with the legislation, a town-planning plan of the land and prepare project documentation. After that, they must be submitted toauthorized bodies that issue building permits. This document is a legal confirmation that the project documentation complies with the town-planning plan of the land plot and allows you to start building apartment buildings.
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housing construction Stage 2 - designing a residential building, obtaining approvals and conducting an examination. The duration of the procedures is 4-12 months. It is better to entrust their implementation to a third-party organization that has experience working with housing cooperatives.
- 3 stage - construction of residential apartment buildings. The cooperative has the right to independently engage in the process of constructing the building: hire contractors, monitor the progress of work, and conduct tenders. However, it is quite difficult for people without specialized education to do this. Now there are many companies on the service market that provide qualified assistance to such cooperatives.
- 4 stage - putting the house into operation. Upon completion of all work, the building cooperative must obtain permission to put the house into operation. Only after that, all members of the housing cooperative can formalize the ownership of housing.
Possible risks associated with participation in housing cooperatives
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 may not be achieved for some reason (refusal to issue permits, financial difficulties, etc.).
- Inflation and rising cost of building materialsand works.
- Risk of failure to put the house into operation. Moreover, the housing cooperative will not be responsible to its members for this.
- Developers or investors do not guarantee housing provided.
- Control over the expenditure of funds and economic activities is carried out by the audit commission, which is elected at the general meeting. There is no state specialized body.
- The distribution of apartments between members of the housing cooperative takes place at a general meeting and does not depend on the wishes of the member of the cooperative.
- Builders in Moscow, for example, form the final cost of an apartment, taking into account the cost of advertising, staffing 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 cooperative 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 raising and spending money. In addition, construction can be financed in stages, and installments can be given not only for the period of construction of the house, but also for the time after construction is completed.
HBC in the modern world
Today, a voluntary association of like-minded people for the purpose of erecting residential buildingsis 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 the developer takes.
In the case of acquiring apartments under the housing cooperative mechanism, citizens are more protected from various unforeseen situations. If the developer has declared bankruptcy, the shareholders have the right to independently engage in the construction of the building.
Most recently, the number of construction organizations working on the principle of housing cooperatives did not exceed 15%. At the moment, a third of housing on the Russian market is sold under this scheme.
What you should pay attention to when buying apartments for housing cooperatives
According to statistics, one of the main factors that influence the choice of housing is not the form of the contract, not the availability of infrastructure in the neighborhood of the house, but the reputation of the developer, his experience in building apartment buildings, the terms of payment for the apartment.
However, if an individual decides to join the housing cooperative, you need to pay attention to several important points:
- Check the investment agreement between the construction company and the housing cooperative. It is better if the cooperative itself acts as a developer. In this case, the housing cooperative bears the fullresponsible for the construction of multi-storey buildings.
- Study other title documents: building permit, land lease agreement or land ownership.
- Familiarize yourself with the Charter of the housing cooperative. Particular attention should be paid to the conditions of entry and exit from the cooperative. And also on the procedure for paying contributions and obtaining an apartment.
If all of the above documents are clear and transparent, you can safely conclude an agreement with the cooperative.
