HOA or management company - which is better? Management company and HOA: the pros and cons

Living conditions in an apartment building, where heating, gas, water, light, are, of course, very comfortable compared to their own house, where all this has to be thought about. But at the same time, so that the pleasure was complete, the services should be monitored and competently managed. To this end, apartment owners have the right to choose the most convenient form of government for them. In our article today we'll try to find out: TSG or a management company - which is better.

Management Company

This organization is a legal entity or an individual entrepreneur who manages MCD. This is an entrepreneurial organization, and therefore its purpose is to make profit.

The main document, according to which the activity is conducted, is a management contract concluded with more than 50% of the owners of the house. The percentage is established by counting the area, not the number of owners.

The functions of the Criminal Code are to ensure the repair and maintenance of houses, in accordance with the requirements of the technical regulations. In this case, the owners have the right:

• To receive information of interest to them within five working days after the application;
• Information on the volume, list and quality of services provided;
• Check work performance;
• To demand the elimination of defects and to monitor the completeness of the provided service;
• From the first quarter receive a report on the work performed from the managing organization.

On the other hand, the management company does not intend to lower the cost of house maintenance. In addition, her financial activities are not always transparent to tenants, although the latter are rarely interested in this. Moreover, this company employs far more employees than in the HOA. Accordingly, they will have more expenses for their salaries. Therefore, residents have a legitimate question about what is more profitable - HOA or management company.

HOA

In one house there can be only one HOA. But one HOA can unite several houses. So, we will understand, TSZH or the operating company: in what a difference?

To begin with, the HOA is a non-profit organization created according to the norms of the Housing Code of the Russian Federation. The meeting approves the Charter of the organization. Management bodies are also board members (who are elected for a period of not more than two years), and a general meeting. A financial plan for a year can be approved only at a general meeting. The report on its implementation is submitted to the Audit Commission. A management of the HOA reports at the general meeting.

If the costs are allocated correctly, the funds will be collected when necessary. The financial activities of the HOA are more transparent. After all, every resident can influence decisions on improvement. Without intermediaries between the tenants and the contractor, the shortcomings will be eliminated at a lower cost. On the other hand, some work of a single order may be more expensive. Therefore, the owners of apartments will benefit only if the management of the condominium community will consist of truly competent and not indifferent people.

Management company or HOA: the pros and cons

Supporters of the Criminal Code believe that the main advantage of their work is that they are considered with the opinion of all owners living in the house. So, at least, the management companies themselves assert, although it is hard to believe in it. At the same time, experts unequivocally speak in favor of the Criminal Code in the sense that their services can be refused at any time if there are complaints about poor-quality services. But the liquidation of the HOA time will take more.

On the other hand, it is problematic for tenants to receive specific information about the organizations themselves, although the law prescribes this obligation for the latter. Taking into account the fact that the Criminal Code is a commercial organization, that is, the main purpose of which is to make profit, it is unprofitable to give them full control.

So choose - HOA or management company?

Optimal form of government

Most experts agree that the best for today is a mixed form of government. That is, it is not TSZH or UK, but TSZh and UK. The partnership of homeowners enters into an agreement with the management company on maintenance. Then all residents will know where the money goes. At the same time, each of them has the right to request a report from the chairman, and the latter must report. HOA can also dispose of house property at its own discretion, as well as to place billboards on the facades of the building.

Create HOA

So, if you had a choice: HOA or a management company, and you were decided to create a HOA, for his organization, it is necessary to take a number of the following steps.

An initiative group is being formed from among the owners of apartment buildings in an apartment building. Any resident can act as an initiator. But that the information, organizational and agitation activity was crowned with success, it is necessary to collect so many people who will pull all the work.

Informing people about the essence of HOAs

Next is the legal and information education of people by the initiative group. At this stage, you need to be able to answer the question whether the HOA or the management company is better. And also to convince everyone of the benefits of the first option.

The answer here is already in the organizational and legal form of the company: if the Criminal Code is a commercial organization, the HOA is non-commercial. It turns out that the first goal is, first of all, the extraction of profit, and the other - the solution of social, legal, managerial and similar tasks.

In addition, in the UK, the cash received is distributed according to the established procedure. But in the HOA - by decision of the meeting of its members.

Entrepreneurship can engage and HOA, but it is in the Criminal Code, it is the main species.

The received profit is distributed among the founders in the Criminal Code, and in the HOA it goes to implement the statutory goals.

Work with people and recruitment

The next stage is the preparatory work for the organization. For this:

• A register of owners is drawn up;
• The address of the HOA is determined;
• The Charter is being prepared;
• Seek candidacies of the chairman, members of the board, the Audit and Counting Commissions, the chairman and the secretary of the meeting;
• Prepare ballots;
• Notify the meeting of not less than 10 days;
• In the same period send this notice to the MHI.

Meeting on the creation of HOAs

Then the general meeting is held. For legitimacy should be present more than 50% of tenants-owners of flats of the house. The following issues are resolved at the meeting:

• The choice of the chairman and secretary of the meeting;
• Counting commission;
• On the method of management;
• The Charter is approved;
• Elect the chairman and other persons;
• Appointed representative of owners for the registration of condominiums;
• Choose the place where the information will be placed;
• Choose the place of storage of documents.

Other issues may also be decided, depending on the needs of the home. However, if the tenants of the house were not able to gather at the general meeting, an absentee vote is announced. For this purpose, ballots are prepared, and each of the owners votes.

Finishing organizational work

After the voting, documents are drawn up, including:

• List of owners;
• The protocol of the counting commission;
• Protocol of the general meeting.

HOA is registered. For this purpose, a statement with annexes (the minutes of the meeting, the charter, information on the voters, a receipt with the paid state tax) is provided to the tax office.

It is necessary to register with the statistics bodies, the PF, the FSS, the medical fund and make a seal.

After that, you can start work, notifying interested parties of its start. For the organization it is necessary:

• Receive technical documentation;
• Draw up a register of property, examine it and draw up a corresponding act;
• To study the rules of providing the population with communal services;
• To study the rules for the provision of housing services;
• With the direct management of the HOA, it is necessary to conclude contracts with the resource supply organizations, as well as determine the organization from which the cash inflow will be recorded;
• And if management is carried out through the Criminal Code, the HOA concludes a contract with them.

And yet: TSZH or management company - which is better?

What kind of management to choose is up to the tenants. But lately they have been increasingly inclined towards a joint form of government. On the one hand, there are often cases when in the HOA with direct management the opinion of the tenants is replaced by the opinion of one chairman.

On the other hand, far from always elect a person competent in technical matters as chairman. But management companies employ specialists who often know better what is needed for a home at one time or another.

Conclusion

Having considered the question (HOA or the management company - which is better?) And having decided in favor of this or that variant, tenants should understand that none of the forms of the organization can be really effective if the residents themselves do not take part in the management process. When they remain indifferent, do not go to meetings and are not interested in current issues, the organization of the HOA often falls into decay, and the management company, sometimes, overstates the cost of its services.

Therefore, for the best functioning of the house, first of all, the indifferent owners are important, who should understand that the management comes from them, regardless of the chosen form, whether it's a HOA or a management company. It is then that the business in the house will flourish, and the tenants will be happy and happy to live in it.