Housing and housing cooperatives, Organization and operation...

Section V. Housing and Housing Cooperatives

Chapter 11. Organization and operation of housing and housing cooperatives

Article 110. Housing and Housing Cooperatives

1. A housing association or a housing cooperative is a voluntary association of citizens and in the cases of legal entities established by this Code and other federal laws on the basis of membership in order to meet the needs of citizens in housing, as well as the management of an apartment building (part 1 in of the Federal Law No. 349-FZ of 30.11.2011).

2. Members of a housing cooperative with their own means participate in the acquisition, reconstruction and subsequent maintenance of an apartment building. When carrying out the reconstruction of an apartment building, the housing cooperative, in accordance with the legislation on town-planning activity, acts as a developer and provides for the reconstruction of the house belonging to it in accordance with the building permission given to such a cooperative (part 2 in redaction of the Federal Law No. 349-FZ of 30.11.2011).

3. Members of the housing cooperative are involved in their own funds in the construction, reconstruction and subsequent maintenance of the apartment building. Housing and construction cooperative in accordance with the legislation on urban development acts as a developer and provides construction on the land plot belonging to it, reconstruction of an apartment building in accordance with the building permit issued to such a cooperative (as amended by the Federal Law of 30.11.2011 A? 349-FZ).

4. Housing and housing cooperatives (hereinafter - housing cooperatives) are consumer cooperatives.

5. The provisions of this chapter do not apply to other specialized consumer cooperatives that are created to meet the needs of citizens in housing in accordance with federal laws on such cooperatives. The procedure for the establishment and operation of such cooperatives, the legal status of their members is determined by these federal laws.

Article 111. The right to join housing cooperatives

1. A member of a housing cooperative can be:

1) a citizen who has reached the age of sixteen years;

2) a legal entity in the case established by the legislation of the United States;

3) a legal entity that is the owner of a premise in an apartment building, in the event that the housing cooperative manages the common property in this apartment building (Part 1, as amended by Federal Law No. 349-FZ of November 30, 2011).

2. The categories of citizens indicated in Article 49 of this Code have the pre-emptive right to enter housing cooperatives organized with the assistance of government bodies of the United States, state authorities of the constituent entities of the United States or local self-government bodies.

Article 112. Organization of a housing cooperative

1. The number of members of a housing cooperative can not be less than five, but should not exceed the number of living quarters in a multi-apartment building being built or purchased by the cooperative.

2. The decision on the organization of a housing cooperative is made by the founders meeting.

3. In the meeting of the founders of a housing cooperative, persons wishing to organize a housing cooperative are entitled to participate.

4. The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter is considered adopted provided that persons who wish to join a housing cooperative (founders) voted for this decision.

5. Members of the housing cooperative from the moment of its state registration as a legal entity are those who voted for the organization of the housing cooperative.

6. The decision of the meeting of the founders of the housing cooperative is made out in a protocol.

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