In new homes prohibit organize HOA

May 13, 2011 the State Duma adopted in third reading a bill banning organize homeowners association (HOA) in the construction of apartment houses. What can cause such changes in law and whose interests they protect, we have talked with a lawyer in Moscow Chamber of Attorneys Oleg Sukhov, a leading lawyer of the "First Capital Law Center." - Oleg, the authors of the bill believe it will significantly reduce the number of fraud and fraud in the management of multifamily housing. Is it really? - I can not agree with that, because HOAs need to create a decision of the majority of future owners of the house, which implies the existence of information on such ownership. In turn, information about the owners may have a developer who built the house and sold the apartment. Practice shows that the HOA is organized in unfinished buildings only if there are serious problems related to unfair work construction company and not the completion of the house. Future owners (defrauded real estate investors) take any attempt to resolve the problem, and as a result of the mass media (mainly online) find information about each other. After that, they create an HOA and are trying to solve arising problems in their home, including through the representation of interests through the organization - HOA. If the proposed law is passed, it will greatly weaken the rights of defrauded shareholders. Also, I believe that in this example there is the implementation of the management companies lobbied their own interests, which always are in conflict with the interests of the owners of the house, organizing HOA. - According to the document, to the point where the owners of the premises will be able to choose how to manage the house, it will be the company that won the local authorities organized an open competition. In addition, when deciding on the establishment, reorganization or liquidation of the partnership, the apartment owners will have to personally sign the appropriate decisions, which will then be directed to the registration authorities. Does this example, the bill any change in existing practices of HOAs to build? - Nobody needs to explain how corrupt local auctions are held, competitions and tenders, so the reduced version of the law is nothing new to us will not. As for the signatures of the owners of the house and making such information available to the registering authority, on this occasion you can say the following. And now for a HOA required signatures of the majority of owners (future owners) of the house, however, such signing the registration authorities are not available, and therein lies the fundamental difference. However, in practice the process of reconciliation will look like officials registering authority of authenticity of signatures submitted by several hundred residents, I for one do not understand. - Also, the bill expands the jurisdiction of the housing commissions - executive bodies of subjects of the Russian Federation, which controls the use of housing stock. The Commission will have the right to check the validity of the creation of HOAs and their compliance with the statutes applicable law, as well as make decisions about the composition of partnerships. According to the document, to March 1, 2013 zhilkomissii to verify the legitimacy of the existing condominiums. Will the state body to resolve the existing problems, as in the work of TSG and the conflicts between the owners of apartment buildings and condominiums themselves? - There is yet another example of bloating the bureaucracy of our state. In order for the housing commission had the authority to control the activities are created and existing homeowners associations, such housing must first create a commission. Yes, of course, local authorities are housing commission, but, first of all, they work in certain areas, not related to the HOA, and secondly, they fail in their power to further add to the load of strangers redundant functions. In this connection, or two or more commissions should increase its staff, or need to create additional new structures - the committee for work with the HOA. I can not say that the idea of ​​supervisory authority over HOA - it is a bad idea, but now the idea is not understandable to our state, and therefore is presented very inefficiently, giving rise to another organ of state. authorities with the authority to restrict the activities HOA, but has no authority to promote this activity in the interests of the owners of apartment buildings.