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On some issues of creation and activities of TSG

Formation of the initiative group and the definition of its authority is at a general meeting of owners of premises on which it was decided to establish a TSG. The responsibilities of the initiative group are:

o organization and holding of general meetings;

o notification of all owners of premises on the decisions taken at meetings;

o Preparation of a draft Charter of the TSG;

o design, delivery and collection of applications to join the owners of premises to members of the TSG.

Note that the power of the group stopped since the election of members of the Board of TSG.

Is it necessary for the establishment of housing cooperatives to register land in common share ownership?

No, make it optional. Lodging section can be at any stage of the TSG. The decision on registration of land in common share ownership, was adopted at a general meeting of the owners of the house. On behalf of the owners of the premises all the necessary documents can prepare TSG Chairman. The decision to transfer land in common share ownership makes the local authority. The transfer of land ownership to owners of premises free of charge.

From what sources may comprise means TSG?

Means TSG consists of the following sources:

o compulsory payments, dues and other contributions from members of the partnership;

o budgetary subsidies to ensure the maintenance of common property in an apartment building, carrying out maintenance and repairs, provision of certain types of utilities and other subsidies;

o income from business (business) activities of the partnership to implement the goals, objectives and responsibilities of the TSG;

o other income from the business (business) activities.

Article 152 of the Housing Code, to achieve the statutory goals, TSG has the right to engage in economic activities. Non implementation of the following economic activities:

o maintenance, operation and repair of real property in an apartment house;

o construction of additional facilities and common property in an apartment house;

o lease, lease of common property in an apartment house, etc.

By what means TSG is to conduct major repairs of residential homes?

Article 165 of the Housing Code of the RF provides that funds for capital repairs of apartment buildings TSG can provide from the budget of local governments. But keep in mind that the provision of such facilities is not the duty of the local government, and law. TSG may establish a reserve fund, which will accumulate funds for repairs (eg, received from the permitted business activities (advertising on the adjacent territory, etc.)). Creation of special funds spent on TSG goals stipulated by the charter, provided for in Article 151 of the Housing Code. The procedure of formation of such funds is determined by the general membership meeting of the Association.

Is a housing cooperatives to contract with providers of housing and communal services offered by his circumstances?

Search vendors that provide housing and utilities services, carry out the board of TSG and / or general meeting of members of the TSG. They may use any methods and forms of selection of suppliers. Article 421 of the Civil Code of Russia lays down the principle of freedom of contract, which means that the conditions of the contract should be determined at the discretion of the parties. TSG Board may propose his own version of the draft treaty. Signing the agreement is carried out after approval of all the differences.

How TSG to build relationships with the owners of the premises, did not want to become a member?

In the house where there is a TSG, the owners of premises that have not entered into a partnership, are obliged to conclude an agreement with TSG for the maintenance and repairs of common property in the house. Moreover, the treaty should be concluded with each owner individually. Adoption of the list of works / services for maintenance and repair of apartment buildings, utilities and other services TSG occurs at a general meeting of members of housing cooperatives. The draft contract specifying the conditions of preparing a binding rule TSG, then passes it to each owner of the premises, not a member of the TSG, for review and signature. Upon refusal of the owner to sign a contract, the board TSG compels him to conclude a contract through the courts.

Who should control the quality of housing and communal? It must be recorded facts short supply?

Quality housing and utilities services provided under a contract award may exercise TSG employees (engineer-manager), the chairman and / or board members. If you find deviations from the quality TSG member / owner of the premises must notify these persons. If the causes of deviations from the quality of housing and communal unknown, the fact of not providing housing and utilities services or reduce the quality of their provision should be verified. The audit report shall be drawn on non-provision of services (or the provision of services of inadequate quality). If the causes of substandard housing and utilities services are known, in a special register, a notation on the receipt of a request from a member of the TSG / owner of the premises. It should be borne in mind that all the documents recording the failure or the provision of housing and communal inadequate quality are the basis for the recalculation of payments for the provision of housing / utilities.

As in the TSG should be organized to accept payments for living quarters and utilities?

Calculation and charges for living quarters and utilities can make employees TSG (chief accountant / bookkeeper), or the chairman. This should take into account the facts failure occurred services or services of inadequate quality. Then, you must create an account to make payments for dwelling and utilities and to implement their mailing list (presentation) not later than 1 month following the expiration. Receiving cash from members of the TSG / owners of the house should be in accordance with the Rules of the citizens pay housing and utility services, approved by the Government of Russia.

What measures can apply TSG in the recovery of payment for housing and communal?

For defaulter may use the following measures: appeal to the court with the statement of claim, the imposition of restrictions on the provision of public services, as well as the suspension of delivery of public services. RF Government Resolution "On the procedure for providing public services to citizens" stipulates that a member of TSG / owner of the premises must first be sent a written warning (notice) on the suspension and (or) limiting delivery of public services. It should be borne in mind that this regulation prohibits the suspension of delivery of such services as heating, drainage and cold water. It is also necessary to take into account all the time limits provided for the elimination of debt defaulters. Thus, to use to collect debts were legitimate, TSG must comply with the terms and procedure established by law.

When TSG stops its activities?

Activity TSG terminated in the event of its merger, reorganization or liquidation. Combining TSG performed for the purpose of joint management of common property in multifamily housing. Manage Your association is carried out according to the rules of Chapter 13 LCD RF governing the establishment and operation of simple TSG. Reorganization and liquidation of the TSG on the basis and in accordance with the procedure established by civil law. The decision on reorganization (liquidation) TSG was adopted at a general meeting of owners of premises in an apartment house. With the reorganization of TSG can be converted into housing or housing association.

In what order are dissolved TSG?

Grounds and procedure for the elimination of housing cooperatives established by civil law. The decision to liquidate housing cooperatives was adopted at a general meeting of owners of premises. In the process of elimination to implement a series of activities:

o formation of the liquidation committee;

o notice to creditors, payment of cash;

o collection of receivables;

o an inventory of assets and liabilities TSG;

o preparation of the liquidation balance sheet, etc.

Completes the procedure eliminate TSG making an appropriate entry in the Unified State Register of Legal Entities.

Step-by-algorithms of action, giving detailed answers to these and many other questions on the creation and organization of housing cooperatives, represented in our new product "TSG: the creation and organization of activities.

Category: Property | Added by: Дмитрий (21.03.2010)
Views: 309 | Rating: 0.0/0

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