Why and how are eliminated HOA?

Currently, more and more relevant are the organization of management houses, the owners of such houses. Housing law provides several ways to manage the house, including through management companies or homeowners (HOA). The Act provides also a way of managing the house as a direct control. Lawyer Oleg Sukhov, a leading lawyer of the "First Capital Law Center," explained why homeowners today prefer to outsource the management house is HOA. The main advantages of condominiums First, owners of premises are free to decide which way to manage their home: their own or with the assistance of experts - the manager, the management company. If the quality of our services will not meet the requirements of residents (poor quality or late harvesting area, stairs, removal of non-domestic waste untimely, failure to work on maintenance and repair of engineering equipment at home, etc.), HOA has the right to terminate the contract and invited to perform the work of other organizations. Second, the HOA itself is planning repairs in your home, determine their priority. The work plan and cost estimates for the year approved at the general meeting of members of the HOA. Do not need anyone for anything ask obivaya thresholds for various instances. Any member of the HOA has the ability to control the spending of the partnership, as derived from payments of the population, and because of government support (incentives, subsidies, compensation, etc.). The HOA operates audit committee. Transparency of the budget - it is a privilege not enjoyed by residents of homes where there is no HOA. Thirdly, the HOA is possible to have additional income from the rental of commercial property held in common ownership (technical floor, basement, kolyasochnaya, etc.), the rational use of land, the provision of advertising space, etc. In- Fourth, the HOA, the conditions for economical water consumption, heat and electrical energy through the installation of metering and energy efficient technologies. In condominiums, the conditions for a more careful treatment of the common areas, as residents know that in the event of a breakdown of common property have to pay themselves. After restoring order in the house by the tenant, no one would paint the walls, break windows, etc. As a consequence, increases the market value of apartments located in the HOA, it is possible to reduce the cost of maintenance and repair of houses, released additional funds for repair and maintenance. Fifth, participating in the management of your own home, the residents themselves determine what is the ratio of price and quality of services for them is optimal. Of course, shortcomings in many homeowners associations. Partnership only effective when it serves several apartment buildings with large floor area to collect a large amount. The main advantage of condominiums in the fact that a non-profit organization that directs all profits to create optimum conditions in a partnership (maintenance and repair fund), in addition, it has the support of the state. Liquidation Liquidation HOA homeowners on the basis and in the manner established by the civil law. The general meeting of owners of premises in an apartment house shall decide on the Elimination of homeowners in the event that members of the partnership shall not possess more than 50% of the total number of votes of owners of premises in an apartment house. Homeowners may be liquidated: the decision of general meeting of its members, including in connection with the expiration of the period for which it was created, in connection with the demolition of houses, a court decision in the case were made during its creation of gross violations of the law if the violations have an inherent nature or activities without the proper permit (license), or in any activity prohibited by law, or with other repeated or gross violations of law or other legal acts, as well as in other cases stipulated by the Civil Code, in the case of acquisition of ownership for all premises of apartment buildings by one owner, and if the members of the partnership shall not possess more than 50% of the vote. Reducing the number of votes possessed by members of the homeowners association can take place both in subjective and objective reasons in the following cases: the output of the members of the partnership, death of members of the partnership; disposal facilities owned by the members of the partnership, and so the LCD does not set the RF consequences of failure of the general meeting of owners of premises in an apartment building solutions on the Elimination of homeowners. In this case the condominium may be terminated by a court decision on the application of the registration authorities. In the liquidation of the partnership real or other property remaining after the settlement with the creditors shall be distributed among members of the association in accordance with the statutes of the society. In accordance with the elimination of RF LC homeowners association is not a basis change in utility rates for former members of the partnership. The elimination of HOA in court has the usual limitation procedural way of dealing with this type of cases in courts of general jurisdiction, if a participant is an individual process, and in arbitration, if all players are legal entities, and organizations. The petition to the court on the Elimination of HOA, annulment, termination of operation, it is necessary to make demands not only the cancellation of the registration record of registration of legal entity - HOA, but the invalidation of the actions and acts in accordance with which the HOA was created. As a rule, the trials of the liquidation or termination of the HOA are prolonged, are associated with a significant amount of the claimed documents, jurisprudence on such disputes there are currently not many.