Topic 9. Housing and housing cooperatives

9.1. Creation and activity of housing and housing-construction cooperatives

The basis for the provision and use of residential premises may be membership in housing and housing construction cooperatives, by virtue of which a citizen is granted the right to receive residential premises in a residential building built or acquired by the cooperative.

According to Part 1 of Art. 110 of the LCD, a housing or housing-construction cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as manage residential and non-residential premises in a cooperative house.

A feature of a housing cooperative is that its members participate with their own funds in the acquisition, reconstruction and subsequent maintenance of an apartment building. A feature of a housing construction cooperative is that its members participate in the construction, reconstruction and subsequent maintenance of an apartment building (parts 2-3 of article 110 of the LCD) with their own funds.

As indicated in Part 4 of Art. PA ZhK, housing and housing cooperatives (hereinafter referred to as housing cooperatives) are consumer cooperatives.

The provisions of the Housing Code relating to housing cooperatives do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens in housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the said federal laws.

Citizens who have reached the age of 16 and (or) legal entities have the right to join housing cooperatives.

Categories of citizens entitled to the provision of housing under social tenancy agreements have a pre-emptive right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation or local governments (Article 111 of the LC).

In accordance with Art. 112 of the LCD, the number of members of a housing cooperative cannot be less than five, but should not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative.

The founding document of a housing cooperative is its charter. In accordance with Art. 113 of the LC, the charter must contain information about the name of the cooperative, its location, the subject and goals of the activity, the procedure for becoming a member of the cooperative, the procedure for withdrawing from it and issuing shares, the amount, composition and procedure for making entrance and share contributions, about liability for violation obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and the bodies of control over the activities of the cooperative, the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering losses incurred by members of the cooperative, the procedure reorganization and liquidation of the cooperative. The charter of a housing cooperative may contain other provisions that do not contradict the LCD, other federal laws.

A housing cooperative is subject to state registration, which is carried out in accordance with the legislation on state registration of legal entities (Article 114 of the LC).

The governing bodies of a housing cooperative are:

1) general meeting of members of a housing cooperative;

2) a conference, if the number of participants in the general meeting is more than 50 and this is provided for by the charter of the housing cooperative;

3) the board and chairman of the board of a housing cooperative (Article 115 of the LC).

As provided by Art. 116 LCD, the supreme governing body of a housing cooperative is the general meeting of its members (conference), which is convened in the manner prescribed by the charter of the cooperative.

The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative in accordance with the LCD.

The general meeting of members of a housing cooperative is recognized as competent (has a quorum) if more than 50% of the members of the cooperative are present at it. The decision of the general meeting is considered adopted provided that more than half voted for it, and on the issues specified in the charter of the cooperative - more than 3/4 of the members of the cooperative who were present at such a general meeting.

The decision of the general meeting, adopted in the prescribed manner, is binding on all members of the housing cooperative.

The general meeting of members of the housing cooperative elects the management bodies of the housing cooperative and the bodies of control over its activities.

The decision of the meeting of members of a housing cooperative is drawn up in a protocol (Article 117 of the LCD).

The executive body of a housing cooperative is its board. The board is elected from among the members of the housing cooperative by the general meeting (conference) in the number and for the period determined by the charter of the cooperative. The procedure for the activities of the board of a housing cooperative and the adoption of decisions by it is established by the charter and internal documents of the cooperative (regulations, regulations or other document).

The board of a housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not referred by the charter of the cooperative to the competence of the general meeting of members of the cooperative. The board of a housing cooperative is accountable to the general meeting of members of the cooperative (conference) (Article 118 of the LC).

In accordance with Art. 119 of the LCD, the chairman of the board of a housing cooperative is elected by the board from among its members for a period determined by the charter of the cooperative. It exercises the following powers:

1) ensures the implementation of decisions of the board of the cooperative;

2) acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions;

3) other powers not assigned by the LC or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative.

The chairman of the board of a housing cooperative, when exercising his rights and fulfilling his duties, must act in the interests of the cooperative in good faith and reasonably.

To exercise control over the financial and economic activities of a housing cooperative, the general meeting of members of the cooperative (conference) elects an audit commission (auditor) for a term of not more than three years. The number of members of the audit commission of a housing cooperative is determined by its charter. Members of the audit commission cannot simultaneously be members of the board of the cooperative, as well as hold other positions in the management bodies of the cooperative. The audit commission of a housing cooperative elects the chairman of the audit commission from among its members.

The audit commission (auditor) of a housing cooperative:

1) without fail conducts scheduled audits of the financial and economic activities of the cooperative at least once a year;

2) submits to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;

3) reports to the general meeting of members of the cooperative (conference) on its activities.

The Audit Commission has the right at any time to conduct an audit of the financial and economic activities of the cooperative and have access to all documentation relating to its activities.

The procedure for the work of the audit commission is determined by the charter and other documents of the cooperative (Article 120 of the LC).

Admission to membership in a housing cooperative is regulated by Art. 121 of the LCD, according to which a citizen or legal entity wishing to become a member of a housing cooperative submits an application to the board of the housing cooperative for admission to membership in the cooperative. This application must be considered within a month by the board of the housing cooperative and approved by the decision of the general meeting of its members (conference). A citizen or legal entity is recognized as a member of a housing cooperative from the moment the entrance fee is paid after the decision on admission to membership in a housing cooperative is approved by the general meeting of members of the cooperative (conference).

Article 122 of the LC provides that a housing cooperative, by decision of the general meeting of its members (conference), can be transformed into a homeowners' association, i.e., it is possible to reorganize a housing cooperative by transforming it into another organizational and legal form.

A housing cooperative may be liquidated on the grounds and in the manner provided for by civil law (Article 123 of the LC).

9.2. Legal status of members of housing cooperatives

A citizen or legal entity accepted as a member of a housing cooperative, on the basis of a decision of the general meeting of members of the cooperative (conference), is provided with living quarters in the houses of the housing cooperative in accordance with the amount of the share contribution made. These decisions are the basis for moving into residential premises in the houses of a housing cooperative. Ownership, use and, within the limits established by law, disposal of residential premises are carried out on the basis of membership in a housing cooperative (Article 124 of the LC).

A member (members) of a housing cooperative has the right to a share (Article 125 of the LC). The procedure and conditions for making a share contribution by a member of a cooperative are determined by the charter of the cooperative. A share may belong to one or more citizens or legal entities, i.e. be their common property.

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.

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, are subject to Ch. 6 LC "Common property of owners of premises in an apartment building. General meeting of such owners" (Article 129 of the LC).

The rules on the division of residential premises in the house of a housing cooperative are contained in Art. 127 of the LCD, according to which such a division between persons entitled to a share is allowed if each of these persons can be allocated an isolated living space or there is a technical possibility of reorganizing and (or) re-planning non-isolated premises into isolated living quarters. Disputes about the division of living quarters in the house of a housing cooperative are resolved in court.

A member of a housing cooperative and members of his family living together with him are granted the right, by mutual agreement and with prior notice to the board of the cooperative, to allow temporary residents to live in the residential premises that are in their use in the manner and on the conditions provided for the residence of such residents in the premises provided citizens under a social contract of employment (Article 126 of the LCD).

In accordance with Art. 128 of the LCD, a member of a housing cooperative who has not paid the share contribution in full, has the right, with the consent of the members of his family living together with him and the board of the cooperative, to rent out part of the living quarters he occupies in the house of the housing cooperative, and in case of temporary retirement - all of the indicated living quarters for rent for a fee.

A housing cooperative, in accordance with the procedure established by its charter, has the right to rent out for a fee the vacated living quarters that were in the possession of the members of the cooperative who left or were expelled from the housing cooperative, until new members are admitted to the cooperative.

Renting out residential premises in the house of a housing cooperative is carried out according to the rules for sublease of residential premises provided under a social rental agreement (Article 128 of the LC).

The grounds for termination of membership in a housing cooperative are listed in Art. 130 LCD. It:

1) withdrawal of a member of the cooperative;

2) exclusion of a member of the cooperative;

3) liquidation of a legal entity that is a member of a cooperative;

4) liquidation of a housing cooperative;

5) death of a citizen who is a member of a housing cooperative.

The application of a member of a housing cooperative for voluntary withdrawal from the cooperative is considered in the manner prescribed by the charter of the cooperative.

A member of a housing cooperative may be expelled from the cooperative on the basis of a decision of the general meeting of its members (conference) in the event of a gross violation by him without good reason of his duties established by the LCD or the charter of the housing cooperative.

In the event of the death of a member of a housing cooperative, his heirs have the right to become members of this cooperative by decision of the general meeting of its members (conference).

As provided by Art. 131 of the LC, in the event of the death of a member of a housing cooperative, his spouse has the priority right to join the cooperative, provided that he is entitled to a part of the share.

The heir of a member of a housing cooperative, who is entitled to a part of the share and lived together with the testator, has a priority right to join the cooperative if the spouse of the testator does not have such a right or the spouse refused to join the cooperative.

The heir of a member of a housing cooperative, who did not live together with the testator, has a priority right to join the cooperative if the above citizens are absent or have renounced their priority right to join the housing cooperative.

A family member who lived together with the testator and is not his heir has the priority right to join the housing cooperative, provided that he makes a share contribution, the absence of the above three categories of citizens, and also if the spouse or other heirs living together with the testator members of a housing cooperative do not have the priority right to become members of the cooperative or refuse to become members of the cooperative.

According to Art. 132 of the Housing Cooperative, a member of a housing cooperative who has not paid the share contribution in full and has been expelled from the cooperative is paid the amount of his share within the time frame and on the conditions provided for by the charter of the cooperative. The term of such payment cannot be more than two months from the day the cooperative takes a decision to expel a member of the cooperative.

A member of a housing cooperative who has not paid the full share contribution and has been expelled from the cooperative on the grounds specified in Part 3 of Art. 130 of the LCD, as well as members of his family living together with him, lose the right to use the premises and are obliged to vacate him within two months from the date the cooperative decides to expel such a member from the cooperative. In case of refusal to vacate the dwelling, these citizens are subject to eviction in court without the provision of another dwelling (Article 133 of the LC).

In the event of the demolition of a house on the grounds provided for by the Housing Code, the rules established by Art. 32 (ensuring the housing rights of the owner of a dwelling in the event of a land plot being withdrawn for state or municipal needs) and 86 (the procedure for providing a dwelling under a social tenancy agreement in connection with the demolition of a house) of the LC, respectively, for members of a housing cooperative who paid a share and did not pay a share.

Author: Ivakin V.N.

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