Association of property owners. This is how the TSN decoding looks like. What are the legal features of this organization in Russia? What are the disadvantages of joining it? Is this a qualitatively new formation, different from the HOA, the association of homeowners? Is there something in common between them, what are the differences? Finally, which is better to choose - HOA or TSN? You will receive comprehensive answers to these and other important questions in the article.
What is an HOA?
Let's imagine once again the decoding of TSN. This is a homeowners association.
What is an HOA? It's called a homeowners association. Non-profit association of citizens owning personal property. The purpose of association in such a partnership: management of such property, joint conduct of common economic activities.
What is TSN?
TSN (decryption - a partnership of property owners) is also a non-profit association of property owners. Its purpose is to exercise the powers of each of the owners in relation to common property assigned to him at the legislative level.
Members of an association of property owners can be both individuals and legal entities,owning any property. For example, an apartment, a plot of land, a private house, a commercial building, etc.
The concept of TSN (you already know the decoding) appeared in Russian legislation relatively recently - in 2014. In fact, it replaced the HOA. However, provisions on such replacement were not introduced into the housing legislation, which is why the HOA is still relevant today as one of the forms of government.
Let's turn to Russian legislation:
- TSN. For the first time, this form of association of citizens was mentioned in the Federal Law No. 99 (2014). Under this law, the partnership was introduced as an independent form of legal entity.
- HOA. Partnership is referred to in Art. 135 Russian LCD.
Two main features that unite these two types of partnership:
- They are non-profit organizations.
- Entering partnerships is strictly voluntary.
What's the difference?
HOA and TSN: what's the difference? Consider the most defining differences between joins:
- In the HOA, unlike TSN, the subject of management (in some cases - improvement) is necessarily specified. So, they can be an apartment building or a private residential building. Members of the HOA can only be owners of residential real estate. And in addition to them, owners of non-residential (commercial) real estate and land allotments enter TSN.
- Compositionpossible members of the association. As we have established, only physical, private persons can join the HOA. TSN (association of property owners) also includes organizations.
- The rights and obligations of the members of these partnerships also differ somewhat.
- The purposes of creating organizations are again different. The HOA is mainly created by the owners for the improvement of the territories adjacent to their house. To meet the most important requests and needs of residents - for example, in carrying out communications. TSN has slightly different goals. In general, the main reason for creating such an association is not the improvement of living conditions, not the improvement of the yard, but the joint management and disposal of common property. So, TSN members can even rent it out if they deem it necessary. Property management in this context includes its maintenance, preservation and multiplication.
- The activities of these non-profit organizations (associations of property owners and associations of homeowners) are based on the Charters. It involves the creation of a sole governing body. And here are the differences. In TSN, it is also permissible to create executive and supervisory bodies, in addition to the manager. This does not happen in the HOA.
- Decisions regarding the fate of common property are made in TSN only by individual members of the association. In the HOA, such issues are resolved only at the general meeting of owners.
- The system of taxation of data of non-profit associations of citizens is also different. So, the activities of the HOA may well be carried out on the simplified tax system. But translate TSN to"simplification" is no longer possible.
Pros of TSN
Let's consider the merits of this association of property owners (TSN):
- If a citizen or a commercial organization cannot independently resolve the issue related to the management, improving the quality of property, it is possible to seek help from TSN, which will significantly save the owner time.
- Property management in such a partnership is carried out by a limited circle of persons. Of course, this plus is relevant only if the owners have chosen an experienced, professional and competent management.
- The main goal of such an organization is not only property management, but also its increase. That is, property owners who have joined the TSN can hope that the profits received from the competent management of common property will be directed to improving its quality, meeting the needs common to all residents.
- The economic activity of such an association is completely open. Each member of the partnership can track the movement of the general funds, the literacy of spending these finances by the board.
Disadvantages of TSN
Now let's imagine the cons of joining a homeowners association (TSN):
- When making serious decisions, one way or another, affecting the interests of all residents, the opinion of the majority of owners is not taken into account here. Also, in the process of carrying out the activities of the TSN, its ordinary members cannot always influence the decisions taken by the board.measures.
- The Federal Law on associations of property owners says that the organization is inherently legal. Consequently, she can declare herself bankrupt at any time, with all the ensuing consequences.
- Creating a TSN is not possible without obtaining an appropriate license. Licensing itself is regulated by Art. 192 Russian LCD.
- Long time to resolve issues. Even the fundraising for the redecoration of the entrance can last for an indefinite period.
- Weak legislative support. As with HOAs, the legislation here is still imperfect.
We got acquainted with the rights of a homeowners association. Let's see how HOA stand out against their background:
- Not in all cases, property owners can independently resolve issues related to the improvement of the territory, improvement of living conditions. For help here, they can always contact the HOA. For example, on the issue of cleaning the territory adjacent to the house. It is sometimes inconvenient for the tenants themselves to take on this responsibility. The HOA can also conclude an agreement with any organization for cleaning the yard. Another important plus here: the HOA helps to resolve many conflicts with neighbors without bringing the case to trial.
- Each member of the HOA can influence the vector of decisions made by the partnership. After all, the opinion of the majority is taken into account when voting.
- Economic financial activities of a similarassociations is open. Any member of the partnership can receive information of interest.
- HOA is permissible to carry out its activities on the simplified tax system. This tax regime is the simplest among all presented in the Russian Federation.
- HOA is relatively easy to create, establish. The activity of such an organization does not require prior licensing.
- The ability to choose a management company for your partnership. Members of the HOA have the full right to refuse services provided by third-party organizations, to choose more conscientious performers.
- The ability to influence the decisions of your management company. For example, if the Criminal Code made a decision to repair the entrances of the house using expensive coloring materials, and the residents do not agree with this, then it will be canceled.
Cons of HOAs
Now consider the disadvantages of this form of association of citizens:
- A rather tangible amount of membership dues is collected from the members of the partnership. But it should be noted that it is significantly lower than the payment for landscaping in other associations of homeowners.
- Chairman of the TSN, the management bodies of the partnership are responsible for the adoption of important issues for the entire association. In the HOA, only the opinion of the majority of participants is decisive. And the disadvantage here is that the position of the minority is sometimes not even taken into account.
- Weak legislative support. The partnership is virtually powerless against unscrupulous tenants who accumulate huge rent debts. Legislatively at the HOAthere is no way to demand payment of the due utility fee within a certain period.
Thus, HOA is one of the organizational forms of TSN with its own advantages and disadvantages.
What's hot today?
FZ No. 99 (2014) actually abolished the existence of HOAs in the Russian Federation. He was replaced by the association TSN. But at the same time, as an organizational form, the HOA continues to exist. If such a partnership was created before the adoption of the Federal Law, then it does not need to be re-registered as a TSN. But as for associations of homeowners founded after the adoption of the Federal Law, they can only be registered in a new form.
Let's turn to practice. Although the HOA does not have to be re-registered as a TSN today, many partnerships are still being re-registered in a new organizational and legal form. Their members are also concerned about obtaining licenses for the activities of the association.
Why choose TSN?
Why is the transition being made? The fact is that the HOA involves the constant participation of homeowners in resolving issues related to common property, landscaping the yard area. Members of the partnership must attend meetings, devote time to studying agenda items, and vote.
In fact, few residents are happy to participate in such activities, which take a decent amount of time. The majority considers it their direct duty to make utility payments on time and in full. With such a position, the HOA works inefficiently.
Therefore, the form of organization of TSN is much more successful against its background. Directly all tenants do not need to gather and jointly resolve pressing issues. All this is handled by the board of the association elected by them.
TSN - a new form of association of homeowners, which replaced the HOA. You now know the common and different features of such non-profit civil organizations, their key advantages and disadvantages.