HBC is ... Housing cooperatives. Construction of residential apartment buildings

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

HBC is quite an old and tested scheme for the construction of residential apartment buildings. The appearance of the first housing cooperatives is attributed to the 1920s. However, despite the rapidly increasing popularity, in 1937 this mechanism is subject to liquidation, since it is a manifestation of private property. In 1957 the housing cooperative is reviving and acquiring a mass character. In the 1980s, similar construction of residential apartment buildings accounted for 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 not able to fulfill their obligations to co-investors. In this case, on the initiative of deceived buyers, housing cooperatives are created, to which all the rights to complete the construction are transferred.

Legal basis

Currently, the legal framework for the operation of the housing and communal services is regulated by housing legislation. The term "housing cooperative" is clearly defined in art. 110 of the Housing Code of the Russian Federation. Terms of creation, organization of activities and rules for participation in HBC are:

• In section 5 of the Housing Code of the Russian Federation (LC RF) ;
• In the Civil Code of the Russian Federation (Civil Code of the Russian Federation);
• In the Charter of the cooperative, which is drawn up in accordance with the main provisions of the RF Parliament and the Civil Code of the Russian Federation.

However, not all HBCs are co-operatives organized according to the current legislation. Many of them in their activities do not comply with even the basic requirements presented in the Housing Code, as a result of which there is a violation of the rights of participants of such HBCs. 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 HBCs can not be under five by law. However, the total number of participants in a cooperative should not exceed the sum of the apartments in the house being built or purchased. At the general meeting, a decision is made on the formation of 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 and communal services is also approved. After the state registration of the cooperative and obtaining the status of a legal entity, the participants who voted for the establishment of the cooperative become members of the housing cooperative. Decisions of the meeting of the FSC founders are recorded in the minutes.

Charter of the building society

Charter HBC, according to Art. 113 of the RF Housing Code, it must contain data on the name of the cooperative, its location, the subject and purpose of the activity, the rules for joining the HBCs, the procedure for withdrawing from it, the amounts of admission and share contributions, various payments, the composition and rights of the cooperative management bodies, The procedure for the adoption by the control bodies of various decisions, the possibility of covering the losses incurred 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

According to Art. 115 LCDs of the RF control bodies HBC 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 spelled out in the Charter of the cooperative-conference;
• Bodies of government and chairman of the housing and communal services.

General meeting of members of the cooperative

The general meeting of all members of the cooperative (conference) is considered the supreme governing body. It is convened in accordance with the provisions prescribed in the Charter. The competence of the supreme governing body is also regulated by the Charter of the housing cooperative.

The meeting of participants is lawful, if it is attended by the majority of all members of the cooperative. The decision can not be taken if 50% or more of those present at the meeting voted against the proposal in question. The decision taken and recorded in the protocol is mandatory for all members of the building cooperative.

The administrative 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 their decisions are regulated by the Charter of the cooperative, regulations, regulations and other internal documents. The management board of the housing cooperative shall have the right to manage the activities of the cooperative and elect a chairman from among its members. The government bodies of the housing and communal services are accountable to the general meeting of members of the cooperative.

Duties of the chairman

Chairman of the Board of the Construction Cooperative:

• Is obliged to ensure the implementation of decisions made by the management;
• Protect the interests of the cooperative, conclude deals and act without authority on behalf of all members of the cooperative;
• Has other powers that are not included in the duties of the general meeting of the members of the HBC or its management.

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. Participants of the Revision Commission can not occupy management positions in the HBC, and also be listed in other management bodies of the construction cooperative.

Chairman of the Audit Commission is elected by its members from the existing membership. The duties of the auditors are:

• Annual audit of the economic and settlement activities of the cooperative;
• Preparation of conclusions on the budget, target use of funds, annual report and mandatory contributions;
• Report to the members of the general meeting on their activities.

The auditors have the right to check the financial and settlement activities of the construction cooperative at any time and have free access to all internal documents of the housing and communal services. The order of work and the powers of the Audit Commission are spelled out in the Charter of the cooperative.

Membership in HBC

To join the HBC, you must apply to the board of the housing cooperative. For its consideration, one calendar month is assigned. The decision is made at the general meeting of participants and fixed in the relevant document (protocol). The status of a HCC member is acquired after the payment of the entrance fee. A member of the HBC can confirm his participation in the housing cooperative with a certificate (extract), which is issued according to his application.

Mechanism of housing construction with HBC

After approval of the Charter at the general meeting of the members of the housing cooperative, the building society must undergo mandatory state registration to acquire the status of a legal entity. Further construction under the scheme HBC is carried out in stages:

• Stage 1 - execution of documents on the rights to a land plot for construction. The HBC must obtain in accordance with the legislation a town planning plan for the land and prepare project documentation. After that, they must be submitted to the authorized bodies, which issue a building permit. This document is a legal confirmation that the project documentation corresponds to the town-planning plan of the land plot and allows to begin construction of apartment buildings.
• Stage 2 - design of an apartment building, registration of approvals and examination. The procedure takes 4-12 months. It is better to instruct them to implement a third-party organization that has experience working with housing cooperatives.
• Stage 3 - construction of residential apartment buildings. The cooperative has the right to independently deal with the process of building the building: hire contractors, monitor the progress of work, hold tenders. However, it is quite difficult for people without specialized education to do this. Now the market of services is represented by many companies 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 and communal services can formalize the ownership of housing.

Possible risks associated with participation in HBCs

Becoming a member of HBC, a person may face certain risks:

1. The main risk is that the main goal of creating a housing cooperative for some reason may not be achieved (refusal to issue permits, financial difficulties, etc.).
2. Inflation and rise in price of construction materials and works.
3. Risk of failure of terms of delivery of the house in operation. And HBC before its members to be responsible for this will not.
4. Developers or investors do not give guarantees about the housing provided.
5. Control over the expenditure of funds and economic activities is carried out by the Audit Commission, which is elected at the general meeting. The state specialized body is absent.
6. The distribution of apartments between members of HBCs takes place at the general meeting and does not depend on the desires of the participant of the cooperative.
7. Developers in Moscow, for example, form the final cost of an apartment, taking into account the costs of advertising, staffing and other payments. For all this you have to pay the buyer. In addition to all of the above, a citizen can not control the flow of funds for the construction of housing and the course of construction.

Benefits of joining the HBC

1. It is believed that the construction of residential houses through the HBC system is a significant saving of money. According to statistics, thanks to the organization of the housing cooperative, you can save about 50% on the purchase of housing.

2. Construction cooperatives have full transparency of attracting and spending money. In addition, construction can be financed in stages, and installments can be given not only for the period of erection of the house, but also for a time after the construction is completed.

HCC in the modern world

To date, a voluntary association of like-minded people for the purpose of erecting residential buildings is extremely rare. Despite the fact that the legislation does not hamper the creation of HBC, the construction of multi-storey houses in this scheme is more popular among large enterprises that are interested in providing apartments for their employees.

Thus, organizing a housing cooperative makes sense to employees of organizations that have the appropriate support of management. At the same time, they can save on the difference between the market price and the cost of housing, which is taken away by the developer.

In the case of purchasing apartments according to the mechanism of the housing and communal services, citizens are more protected from various unforeseen situations. If the developer declares his bankruptcy, the shareholders have the right to independently build the building.

Most recently, the number of construction organizations operating on the principle of HBCs did not exceed 15%. At the moment, a third of housing in the Russian market is implemented under this scheme.

What you should pay attention to when buying apartments for HBC

According to statistics, one of the main factors that affect the choice of housing is not the form of the contract, the lack of infrastructure in the neighborhood with the house, but the developer's reputation, his experience in erecting apartment buildings, and the conditions for paying the apartment.

However, if an individual has decided to join HBC, you need to pay attention to several important points:

• Check the investment contract between the construction company and HBC. It is better if the cooperative itself acts as a builder. In this case HBC is fully responsible for the construction of multi-storey buildings.
• Examine the remaining title documents: building permit, land lease agreement or land ownership right.
• To familiarize with the Charter of HBC. Particular attention should be paid to the conditions of entry and exit from the cooperative. And also on the order of payment of contributions and getting an apartment.

If all of the above documents are clear and transparent, you can safely conclude an agreement with the cooperative.