home Audience 1 Judicial practice refusal of voluntary liquidation of TSN. How does the liquidation of a homeowners association proceed?

Judicial practice refusal of voluntary liquidation of TSN. How does the liquidation of a homeowners association proceed?

For this you need to have a little, namely - the desire of most apartment owners, the degree of justification for the continued existence of a person, or a court decision. Also a liquidation commission is created.

To begin with, it should be stated when can it be terminated this face?

This can be done either at the request of the owners (Article 61 of the Civil Code) or forcibly (by court decision). In the first case, in order to liquidate the partnership, it is necessary that exactly the same decision be reached at a general meeting the owners of this residential building.

Moreover, regardless of whether they have the status of members of the partnership or not. The number of votes “for liquidation” should be at least two thirds of the total volume.

Important! This is precisely the case when a person will inevitably cease to exist (Article 141 of the LC).

Article 141. Liquidation of a homeowners’ association

Liquidation of a homeowners' association is carried out on the basis and in the manner established by civil law.
The general meeting of owners of premises in an apartment building is obliged to make a decision on the liquidation of the homeowners association if the members of the partnership do not have more than fifty percent of the votes of the total number of votes of the owners of premises in the apartment building.

A compulsory partnership may be terminated in court– if its activities go beyond the scope of the Charter and legislation; if it no longer has authority in the eyes of the owners; either its license has expired or the owners of the premises have decided that In terms of home management, an HOA is no longer suitable for them.

This could be initiated by:

supervisory authorities, or other interested government bodies;
initiative group owners.

Step-by-step liquidation instructions

Actually, the process itself will look like this:

Important! The last point deserves special attention. There is a certain procedure for this and requires certain documentation.

Will be required following papers(Federal Law No. 129-FZ, Art. 21):

reporting to the Pension Fund;
liquidation balance sheet;
state duty receipt.

From this moment (exclusion from the Unified State Register of Legal Entities) the partnership is considered dissolved.

Process protocol

This is the main document of the residents’ meeting and must be maintained strictly comply with established standards. It should not contain anything that would go beyond the scope of the agenda or the decision made.

In addition, paper must contain:

The completed document is pictured below:

Ways to eliminate a partnership with debts

It may turn out that the partnership has debts to certain third parties(among them there may be resource supplying authorities). With them the organization can be liquidated according to standard procedure. Creditors can make their claims at any stage of liquidation - that is, either during the work of the liquidation commission, or already through the court.

Important! Claims must be made a maximum of two months after the publication of the news of the impending cessation of activity.

If the reason is bankruptcy

This process can be initiated either by the members of the organization themselves, or by the initiative group (Articles 130-131 of the Code of Civil Procedure).

Article 130. Issuance of a court order to the claimant

If the debtor does not submit objections to the court within the prescribed period, the judge issues to the claimant a second copy of the court order, certified by the official seal of the court, to present it for execution.
At the request of the claimant, a court order may be sent by the court to a bailiff for execution, including in the form of an electronic document signed by a judge with an enhanced qualified electronic signature in the manner established by the legislation of the Russian Federation.
In case of collection of state duty from the debtor for the income of the corresponding budget, on the basis of a court order, a writ of execution is issued, which is certified by the official seal of the court and sent by the court for execution in this part to the bailiff.
A writ of execution may be sent by the court for execution to a bailiff in the form of an electronic document signed by the judge with an enhanced qualified electronic signature in the manner established by the legislation of the Russian Federation.
Requirements for the formats of court orders sent for execution in the form of an electronic document are established by the Government of the Russian Federation.

When they recognize partnership bankrupt?

Having debts at least one hundred thousand rubles;
failure to fulfill obligations within at least three months.

But this is not the fact that it is the end. Usually the court orders bankruptcy proceedings, a recovery period (1 year), the partnership goes under external management. But if during this period things could not be improved, then the prospect of the organization ceasing to exist becomes more than real.

What will be revealed?

Is bankruptcy intentional?
degree of participation of the head of the partnership.

It is the chairman who will bear the greatest responsibility. And if it turns out that the bankruptcy was intentional, and the actions of the head of the partnership contain abuse, then for the chairman this will mean prosecution in administrative court, and even criminal articles.

If it turns out that the partnership went bankrupt not because of abuses by the management, the court decides bankruptcy decision.

In addition to closure, in accordance with housing legislation (Article 140 of the Housing Code, Article 57 of the Civil Code), the partnership can also be reorganized - for example, into a housing cooperative.

Consequences for owners

Arbitrage practice

As practice shows, although everything begins with the dissatisfaction of the apartment owners, their solution alone is not enough and there is no escape from the standard procedure.

Example: in the Kemerovo region, the court refused to allow the plaintiff to switch to direct management of the house, since the claim contained only this requirement and data on the opinions of the residents. The court's reasons were as follows: the highest governing body of the HOA is the meeting of owners, but no data was provided on the protocol, voting or decision made.

Important! If the Management Company is the legal successor, then it will receive the debts of the liquidated partnership with all its rights.

There is no information about the work of the liquidation commission, or about its convening either. And this means that there are no necessary conditions for satisfying a claim.

Claims for expenses of the HOA liquidation commission

The liquidation commission identifies creditors and debtors, takes measures to pay debts, composes the balance sheet of the organization. The estimate of income and expenses drawn up by the auditors must have its justification. HOA members may object to unreasonably inflated indicators. True, this does not negate the fact that they themselves must have more than serious reasons for this.

Example. The Vasileostrovsky court refused to the plaintiff V.V. Vasiliev. in a claim about the unreasonably approved, from his point of view, indicators included in the commission’s estimate. According to the norms of the current legislation, the liquidation commission also has among its powers the preparation of estimates; no violations were identified in its work.

Thus it turns out that It is possible to liquidate an owners' association, and reorganize, but it’s easy only in words. Anyway you will have to go through the standard procedure and everything will begin with a general extraordinary meeting and drawing up minutes according to all the rules.

The procedure for liquidating TSN (HOA, SNT, DNT) - a partnership of real estate owners - is not so difficult for a professional lawyer, but ordinary citizens may encounter difficulties here. Therefore, in this article we will give step-by-step instructions for eliminating TSN. Please note: we are talking about voluntary liquidation and not

First stage: Initiation of the TSN liquidation procedure.

This decision is made by the general meeting of members of the owners' association. For HOAs, as one of the varieties of TSN, the law establishes the specifics of this procedure: the decision must be made by at least 2/3 of the votes of the total number of votes of all partners, and if the members of the HOA do not have at least 50% of the votes of the total number of votes of the owners of premises in the residential house, then such an HOA must be liquidated, but by a decision of the general meeting of owners of premises in an apartment building.

Second stage: Notification of the registration authority about the liquidation of TSN.

Next, you need to inform the registration authority about the liquidation. The notification to the registration authority is made in writing in form P15001 and strictly within three working days after the date of the decision on liquidation. We are making this message so that the registration authority makes an entry in the Unified State Register of Legal Entities that the legal entity is in the process of liquidation.

A notification to the registration authority about liquidation means filling out a notice of liquidation of a legal entity in form P15001, approved by Order of the Federal Tax Service of Russia dated January 25, 2012 N ММВ-7-6/25@.

Using the above form, we also notify the registration authority about the formation of a liquidation commission (appointment of a liquidator), approval of the interim and final liquidation balance sheets. Moreover, you can notify about liquidation and the appointment of a liquidation commission (liquidator) with one statement.

Persons who are required to provide this application:

Chairman of the liquidation commission or liquidator – if the liquidation commission or liquidator has already been selected;
One of the members of TSN - if the liquidation commission has not yet been selected. This member is appointed by the general meeting.

The applicant's signature on form P15001 must be notarized. Along with it, the decision of the general meeting of members to liquidate the TSN is submitted to the tax authority.

Third stage: Appointment of a liquidation commission (liquidator).

The general meeting of members of our TSN must decide on the appointment of a liquidation commission or one liquidator, as well as on the procedures and timing of liquidation.

As soon as the liquidation commission or liquidator is appointed, the powers to manage the affairs of TSN are transferred to them. Liquidators can represent the interests of TSN without a power of attorney in all bodies and in relations with other legal entities. It is also worth paying attention to the fact that there are no legal requirements for the liquidation commission or liquidator. This means that the general meeting has the right to decide many issues on its own, for example, what will be the composition of this commission, assign remuneration to persons who are members of the commission, etc.

Important point.

There are two options: you can simultaneously decide to liquidate our legal entity, or you can do it at different times. Of course, the first option is more convenient, especially for HOAs: it will be difficult to secure 2/3 of the votes of the total number of HOA members twice, and this is exactly what is required by law to make a decision. Moreover, the notification to the registration authority about liquidation must be made within 3 working days - a very short period of time. Therefore, in order not to notify the registration authority first of the decision on liquidation and then a second time of the formation of the liquidation commission, it is more advisable to make this decision at the same time.

Stage four: Identification of creditors.

At this stage, the liquidation commission performs three functions:

Identifies creditors. In order to identify creditors, the liquidation commission places in the journal “Bulletin of State Registration” a record that the organization is being liquidated, as well as information about the procedure and deadline for filing claims by creditors (this period must be at least two months from the date of publication);
Receives accounts receivable. It is for this purpose that the liquidation commission makes claims against debtors, and can also go to court;
Notifies creditors of the liquidation of a legal entity. This must be done in writing. Notification must be given in such a time frame that creditors have time to submit their claims before the deadline specified in the publication on liquidation expires.

Fifth stage: Drawing up an interim liquidation balance sheet

So, the deadline for submitting claims by creditors has expired, what to do next? The liquidation commission must draw up an interim liquidation balance sheet. The liquidation balance sheet is drawn up in the usual form of an accounting report, you just need to make the note “Interim liquidation balance sheet” on it.

The interim liquidation balance sheet contains:

information on the composition of the property of a legal entity;
a list of demands submitted by creditors;
the result of consideration of these requirements;
a list of demands that were satisfied by a court decision that entered into legal force. Moreover, it does not matter whether the liquidation commission accepted these requirements.

Why do we even draw up an interim liquidation balance sheet? It is he who shows us further paths of action. There are essentially two of them:

The organization’s property is sufficient to pay creditors - we continue liquidation
There is not enough property - we will liquidate TSN through bankruptcy proceedings

Note!

If the liquidation commission is aware of any debt to creditors, but does not include it in the interim liquidation balance sheet, this is illegal. In this case, the creditor has the right to challenge the entry in the Unified State Register of Legal Entities about the termination of the organization’s activities (on the basis that the liquidation procedure established by law has been violated). The creditor will also demand payment of debts.

The main reason why you want to ignore some debts is the reluctance to go through bankruptcy proceedings. Because the liquidation commission has the obligation: if the property is not enough to pay off any debts, within 10 days from the moment such insufficiency is identified, apply to the arbitration court with a bankruptcy petition for the legal entity. Moreover, it should be understood that if the liquidation commission does not do this, then the consequences are quite unfavorable: firstly, the liquidation commission must compensate for the losses caused by this violation; and secondly, the liquidation commission bears subsidiary (additional) liability for those obligations of TSN that arose after 10 days.

The bankruptcy procedure itself is also extremely costly, which is worth only the payments to the insolvency administrator!

Stage six: Approval of the interim liquidation balance sheet by the general meeting of TSN members

The interim liquidation balance sheet is approved at the general meeting of members by a majority of votes (for HOAs - by a majority of 2/3 of the total number of members). There are no specific deadlines in the law for this stage of liquidation. But you must remember to notify the registration authority about the approval of the interim liquidation balance sheet.

Seventh stage: Settlements with creditors

Note!

The order of repayment of debts to creditors is as follows:

1st stage: debts to citizens whose lives or health were harmed

2nd stage:

We pay severance pay and pay workers who worked under an employment contract
we pay remuneration to the authors of the results of intellectual activity

3rd stage: payment of payments to the budget and extra-budgetary funds

4th stage: we pay off the remaining creditors

Eighth stage: Drawing up a liquidation balance sheet

We have completed settlements with creditors. Now is the time for the liquidation commission or liquidator to draw up a liquidation balance sheet. We approve it, as usual, by holding a general meeting of members by a simple majority of votes or, in the case of an HOA, by a majority of 2/3 of the HOA members.

The liquidation balance sheet is needed so that we can see what the members of our organization will get after liquidation, and what we can distribute among the members.

If TSN members argue about who should transfer an item, then the liquidation commission simply sells the item at auction.

A few important points:

Until you liquidate the legal entity, the liquidation commission must continue to keep accounting records and provide a report on debts.
The date of the liquidation balance sheet should be as close as possible to the date on which you submit an application to terminate the organization's activities. Otherwise, there may even be a situation where the information contained in the balance sheet is considered unreliable.
If the balance sheet is zero, then the sixth and subsequent stages can be carried out simultaneously by submitting the necessary documents to the tax authority.

The activities of HOAs are regulated by housing and civil legislation. This organization is created on an indefinite basis and can operate until violations are identified or the will of the owners is expressed. We will tell you how the liquidation of an HOA takes place and provide step-by-step instructions for closing it in 2018.

It often happens that a partnership is forced to close. This can happen by voluntary decision of the members or by forced decision of the judiciary. In this article we will consider both situations.

Liquidation of an HOA is a complete cessation of the partnership's activities. It entails full settlement with employees and utility providers, as well as the closure of the personal current account. After liquidation, the owners will have to make a decision on the further management of the common economy.

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To close an HOA there must be substantial grounds. Reasons for liquidation may be as follows:

the end of the period for which the opening of the HOA was planned;
achieving the goal for which the partnership was formed;
violation of legal norms when opening a partnership;
dissatisfaction with the activities of the HOA among the majority of its members;
recognition of the reorganization of the HOA as invalid in court;
recognition of the partnership's actions as illegal in court.

We can say that there are two groups of grounds for terminating the activities of a partnership: forced circumstances and one’s own initiative. If more than half of the owners express a desire to leave the partnership, it is subject to liquidation. In addition, at the general meeting a decision may be made to terminate work and enter into an agreement with the management company.

Forced liquidation is always associated with identified violations. Quite often they become the reason for the initiation of legal proceedings. As a result, the closure of the HOA occurs on the basis of a corresponding court decision.

The initiator of liquidation may be:

homeowners of an apartment building;
government bodies that control the work of the partnership;
judicial authorities.

If the issue of liquidation was not considered at the general meeting or this is impossible, the initiator will have to go to court. There are no other options.

Step-by-step instructions and liquidation features

The process of liquidating an HOA can be divided into two stages – preparation and liquidation. The first stage involves the following algorithm of actions:

Definition of initiator.
Formation of a list of HOA participants.
Filling out a statement of intent to liquidate the partnership. All homeowners who agree with the need for closure must sign it.
Submitting the application to the board of the partnership or to the judicial authority involved in the consideration of the case.

The second stage will have the following steps:

Making a decision to close the HOA. This may be formalized by a general protocol or a court decision.
Formation of a special commission for liquidation of the partnership.
Notification of the Federal Tax Service. You will need to fill out an application for amendments to the Unified State Register of Legal Entities.
Informing all apartment building owners. This can be done with the help of the media. For example, through a local newspaper.
Preparation of interim financial statements to calculate debts to government authorities and public utilities.
Paying off debts.
Formation of liquidation balance sheet.
Sending documentation to the Federal Tax Service for closing the HOA.

A specially created liquidation commission checks how correctly the documents have been prepared, the calculations have been made and whether legal norms have been complied with. In addition, a complete inventory check is carried out and this data is reconciled with the original balance.

Documentation

To liquidate an HOA you will need the following documents:

application for termination of activity - certified by a notary;
liquidation balance sheet;
receipt of payment of state duty;
papers confirming the notification of the Pension Fund of the Russian Federation about the reduction of employees.

In addition, depending on the situation, it is required to provide minutes of the general meeting or a court decision on liquidation.

When a partnership is voluntarily closed, minutes of the general meeting of homeowners in apartment buildings are required. The text of the protocol must contain the following data:

Deadlines

The timing of liquidation depends on the specific case. For example, just making a decision to close a partnership in the event of a lawsuit can drag on for several months.

Once the decision has been made and formalized, a special liquidation commission must be appointed within three days. Members of the commission notify all interested parties in the media and indicate that creditors can apply for debt repayment within two months.

After this time, a liquidation balance sheet is formed, which must be signed by all owners. Only after this can you submit closure documents. Registration of liquidation is carried out within 5-7 working days.

Thus, we can conclude that the minimum period for completing the procedure is 4 months. If any difficulties arise, it can take up to a year or more.

Liquidation of an HOA with debts

Closing an HOA in the presence of debts occurs in exactly the same way, with the exception that after the announcement of liquidation is published in the media, the organizations to which the partnership owes must present a demand for timely payment.

Transfers of funds will not occur until the liquidation balance sheet is compiled. When transferring payments, the order specified by law will apply.

If the HOA does not have the required amount of money to cover its debts, it is necessary to initiate bankruptcy proceedings. For this purpose, government agencies and a special commission are involved.

Thus, an HOA with debts has only two options - pay off its obligations or declare bankruptcy. The second option is available for partnerships whose debt amount is more than 100 thousand rubles.

Termination of activities by court decision

In order to liquidate an HOA in court, it is necessary to provide facts of violations in the course of the organization’s activities, as well as prove that the inconsistencies committed cannot be corrected.

Quite often, the court issues a ruling to force the HOA to resolve issues with the initiators of the proceedings. If after this the organization does not resolve the problems, the court may issue a ruling to terminate the activities of the HOA.

Forced liquidation is possible in the following cases:

violation of legal norms during registration;
making a significant error in the process of conducting business;
systematic violation of current legislation.

However, in practice, the most common reason for liquidation is the exit of more than half of the total number of owners of an apartment building from the organization. In this case, the initiators can file a collective application with the court and wait for a decision.

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Now you know how the liquidation of an HOA occurs in 2018. The step-by-step instructions provided may vary depending on the situation.

HOA is one of the most transparent forms of management of residential buildings, implying the maximum degree of participation of home owners in the process of managing the house and the common property of the house.

Such management requires maximum responsibility of HOA members.

Situations often arise when it is advisable to change the method of managing an apartment building (AMD).

Before transferring the apartment building to another organization, the HOA must be liquidated.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Normative base

Issues of creation, operation and termination of the activities of homeowners' associations (HOAs) are the responsibility of civil and housing law.

The duality of sources of regulation is explained by the specifics of the issue.

The Civil Code of the Russian Federation regulates the activities of HOAs from the point of view of belonging to non-profit corporate organizations, and in particular, to a separate type of them - partnerships of real estate owners (Article 123.12).

Like any legal entity, a partnership is also subject to the provisions of Article 61, which contains requirements for the liquidation procedure.

The Housing Code of the Russian Federation considers HOAs as one of the forms of managing the common property of apartment buildings.

It is from this position that housing legislation imposes requirements for the creation and certain issues of the functioning of HOAs.

As for the liquidation of a partnership, Article 141 of the RF Housing Code does not contain any requirements for the liquidation procedure, but refers to the norms of civil legislation.

Grounds for termination of activity

The life of an HOA is not limited by law..

However, due to various life situations, it becomes necessary to terminate the activities of the HOA.

The procedure can occur:

By decision of the members of the partnership and the general meeting of property owners in the apartment building;
Forcibly.

Liquidation of the HOA by a general meeting (voluntary liquidation), when the owners of the premises, regardless of whether they are members of the HOA or not, are obliged to make a decision at the general meeting to liquidate the HOA.

The decision on voluntary liquidation is made by the highest body of the management organization - the general meeting of members of the partnership. The number of votes of members who voted for the decision to terminate activities must be at least two-thirds of all votes.

Article 141 of the RF Housing Code provides for only one case when the liquidation of a partnership is inevitable.

This happens when the members of the HOA have less than 50% of the votes of all owners of premises in the apartment building.

Also, voluntary liquidation is carried out if the partnership was created for a certain period or in connection with the achievement of set goals (recorded in the charter).

Forced termination of the partnership's activities occurs through legal proceedings.

The initiators of the lawsuit may be:

Interested owners of premises in MKD;
State body (local government body) entrusted with the functions of housing supervision;
Other government agencies.

Among the grounds on which it is possible to initiate legal proceedings regarding the liquidation of an HOA are:

Fatal violations of the law committed during the registration of the partnership;
Loss of a license to carry out activities to manage apartment buildings;
Violations of the law during the operation of apartment buildings and the management of common property of the house;
Conducting activities not provided for by the charter;
Impossibility of further management of MKD;
The choice by the owners of a different method of managing apartment buildings.

If a partnership has debts to resource supply organizations or other third parties, it is quite possible to carry out liquidation in the standard manner.

In this case, creditors have the right to present their claims:

As part of the trial;
Liquidation Commission.

The sequence of satisfaction of creditors' claims is determined by law. Moreover, such claims must be made no later than 60 days from the date of publication of information about the liquidation.

The procedure for liquidating an HOA

The procedure for terminating the activities of a partnership begins with the preparation of a protocol.

The following are authorized to draw up a protocol:

Owners meeting;
Meeting of HOA members.

The agenda of such meetings usually includes the following issues:

On the abolition of the HOA;
On the formation of the liquidation commission;
On the period, procedure and individual conditions for termination of activities.

It is important to draw up this document in strict accordance with the law. Issues not stated in the agenda should not be included in the minutes.

Accurate information must be recorded:

About officials(chairman, secretary);
About the number and distribution of votes;
About the composition of the liquidation commission.

We invite you to download a sample protocol of the general meeting of owners of apartment buildings on the liquidation of the HOA: Download the form.

Subsequently, the liquidation procedure is carried out by the liquidation commission.

Within 3 working days from the date of the decision to terminate the HOA, a corresponding notification must be sent to the tax office operating in the territory where the partnership is registered.

Notification form No. Р15001 was approved by order of the Federal Tax Service dated January 25, 2012 No. ММВ-7-6/25@.

The document contains information:

About the applicant;
About the liquidated HOA;
About the liquidation commission.

The applicant's signature on the notice must be notarized. A liquidation protocol is attached to the notification.

We invite you to download a sample notice of liquidation of a legal entity: Download the form.

Based on such notification, the tax authority makes a note in the Unified State Register of Legal Entities (USRLE) that the organization is in the process of liquidation.

Information about the liquidation of an HOA must be posted in the public domain.

Information is published on a special resource - “Bulletin of State Registration”. This is necessary to inform the HOA's creditors. The publication is paid, and the price depends on the volume of the ad.

Besides, The liquidation commission is obliged to independently determine the circle of creditors of the HOA.

Each creditor must be given written notice of the liquidation, specifying the period within which they can make claims for payment of the debt. This period cannot be less than 2 months.

The calculation of the period begins from the date of publication of information about liquidation.

After clarifying the entire amount of receivables and payables, the representative of the partnership needs to contact the Federal Tax Service again.

This time it is necessary to provide an interim liquidation balance sheet along with a new application in form No. P15001. The balance sheet must be approved at a general meeting of owners.

After paying off debts and returning overpaid amounts from suppliers, a final liquidation balance sheet is formed and a package of documents is collected for submission to the inspectorate.

The final decision on the exclusion of an organization from the Unified State Register of Legal Entities and the completion of the liquidation procedure is made by the registering authority on the basis of the following package of documents:

Notarized application for state registration of a legal entity in connection with its liquidation (form No. P16001);
Liquidation balance sheet approved by the general meeting of homeowners;
If persons subject to compulsory pension insurance worked in the partnership, you must provide documents confirming the sending of information to the branch of the Pension Fund;
Receipt for payment of state duty(800 rubles).

Within 5 working days, the tax authority must exclude the liquidated HOA from the register or send a refusal to state registration.

Refusal is possible if:

Not the entire package of necessary documents was provided;
The liquidation procedure was carried out in violation of the law;
The documents were signed by a person who does not have such authority;
The notarial form was not followed.

The audit commission plays an important role in the work of the HOA. All management and financial documentation of the organization passes through this body, elected by the members of the partnership. The commission's conclusions are taken into account in the liquidation procedure.

The forced procedure is not qualitatively different from the voluntary procedure for terminating the activities of the partnership. The differences are that the liquidator is appointed by a court decision.

If you want to know the rules for keeping pets (cats and dogs) in apartment buildings, we advise you to read.

Reorganization of a homeowners' association

Reorganization differs from liquidation in that the rights and obligations of the reorganized HOA are transferred to another organization.

The procedure for reorganizing an HOA does not differ from the general procedure provided for all legal entities and is approved by Article 57 of the Civil Code of the Russian Federation.

According to the standards contained in Article 140 of the Housing Code of the Russian Federation, an HOA can be transformed into a cooperative (housing or housing construction).

It is possible to reorganize HOAs that serve several apartment buildings. Such organizations can be divided into several, and it is also possible to identify one or more legal entities. The management of the house can be transferred.

All decisions on the reorganization of the HOA are approved at the general meeting of owners by a simple majority of votes.

When did HOA become a problem? We invite you to watch the video.

If you are not satisfied with the activities of the homeowners association, then you will need step-by-step instructions for liquidating the HOA in 2019. This process can occur either voluntarily or based on a court decision. People should know on what basis a partnership can be closed. It is also worth understanding how the procedure goes step by step in order to prepare for it in advance. We will consider not only the process itself, but also the documents required for it.

Reasons

An HOA is a form of housing management that apartment owners in a multi-storey building decide to adopt. It is created in order to protect the interests of residents, as well as jointly solve existing problems. But the partnership does not always function exactly as the property owners want. Of course, some difficulties can be solved without closing the HOA. However, there are reasons why people no longer want to adhere to this form of management.

Reasons:

The specific purpose for which this community was formed was achieved.
HOA members received less than 50% of the votes from apartment owners. As you know, if, when a partnership is formed, it recruits less than half of those interested among the property owners, then it is dissolved. That’s why it’s important that at least 50% of people join. Note that you can consider not only one high-rise building, but also other buildings that are located on the same site or have a common infrastructure.
During the creation of this community, legal norms were violated. Therefore, it is important to comply with all the rules, otherwise the HOA will simply be liquidated.
Residents of the house, who are also members of the community, may express dissatisfaction with the activities of this organization. Of course, a single complaint will not be enough to abandon this form of management. But if many people are extremely dissatisfied, then we can consider the question of how to liquidate the HOA.
The HOA was reorganized, but it was declared invalid in court.
Actions of the organization that were declared illegal in court. This could be a violation of regulations or fraud and theft. In fact, it is recommended that you familiarize yourself with the legislation in more detail in order to understand what activities can be considered illegal.

Read also About the possibility of becoming the chairman of an HOA without being a homeowner

Now let's take a closer look at how to close a community if the residents no longer need it. To do this, it will be necessary to convene an extraordinary meeting at which members of the liquidation commission will have to be elected. They will be chosen by apartment owners who need to carefully weigh their decision in advance.

Important! It will be necessary for at least half of the HOA members to vote in favor of dissolving the HOA. Because if there are fewer people, then by decision of the owners the process will not be able to start.

There must be an official paper that records the dissolution meeting. The document must indicate the type of collection; it can be regular or extraordinary. You also need to enter the last name, first name and patronymic of the initiator. Next is the number of people attending and the agenda. It is important to state what decision the citizens made. This is followed by the date and signature of the secretary.

A sample protocol can be found on the Internet to make it clearer how the document should look. The established form is not required, the main thing is that all important points are present on the sheet. Without this, the partnership cannot be liquidated in the usual manner.

As has already been said, a partnership is created in order to protect and represent the interests of people. Therefore, if citizens are dissatisfied with its activities, then they have every right to create an extraordinary meeting and make a decision on the closure of the HOA. There may already be reasons for this, for example, the common household property is in poor condition. Technical and sanitary standards may not be observed, causing residents to experience inconvenience.

It also happens that many residents live with debts because management does not monitor timely payments. Naturally, debt harms everyone, so if it exists, the house simply refuses the services of the HOA. Of course, violation of the rights of people who are part of the community must be respected. If this does not happen, then you can safely demand that the community be dissolved.

The procedure for liquidating an HOA involves an extraordinary meeting for the liquidated partnership. It doesn’t matter how many years it has served if it now does not perform its duties properly. Residents will be required to vote themselves on whether to leave this form of management or not. If at least 50% of the votes are received, then the process can be continued.

Read also The procedure for re-electing the chairman of the HOA

There cannot be one liquidator; a special commission must be assembled. Her responsibilities include notifying government authorities about the upcoming procedure. Namely, you need to report this to the tax service and registration authority. This will need to be done within 3 days from the date the decision is made.

It is necessary to deal with resource supplying organizations, that is, with companies that supply utilities. It is important that there is no debt on the house, otherwise it will complicate the process. If people have debts to resource supply organizations, then they must be repaid before the partnership is closed. Typically, the liquidation process takes about 60 days, after which the partnership finally ceases its activities. It will be important to draw up a balance sheet, which is also approved at the meeting of participants. It states the amount of property remaining in the ownership of the HOA and the size of the creditors' claims. All documentation is submitted to the tax office.

It also happens that the liquidation of a particular HOA occurs by court decision. This procedure is quite similar to that described above. However, it has its own characteristics, the main one of which is that a municipal or state body requires the dissolution of the partnership. As a rule, it is the authority that is responsible for supervision or control over the HOA. It is she who can file a claim in court, proving the legitimacy of her claims.

This happens if the partnership carried out its activities in clear violations of the law. This must certainly be proven with the help of documents or examinations. It is also quite possible that it was created in violation of the law. For example, less than 50% of people wanted to join, but an HOA was still formed. As a result, it may be required to dissolve, which the court will certainly approve. Perhaps even the Charter does not comply with the provisions of the law.

Before filing a claim, it is mandatory to send an order to the chairman of the partnership, which lists the violations. If it is possible to correct them, then six months are given for this. If nothing changes within the allotted time, then legal proceedings will begin.

Next, after filing the claim, the court will have to decide exactly what to do with the HOA. If it is proven that there really are problems, then they will decide to dissolve the partnership. In fact, there is not much difference in liquidation, and it proceeds almost the same as in the case of a decision by the owners. The only thing is that the liquidation commission is appointed by the court, and not by the apartment owners. Moreover, it can include both the participants of the partnership and a special separate body.