The Association requests to cancel the provision on mandatory liquidation of the HOA if the number of members of the association is reduced to 50% of the owners of the premises or less. In addition, it is necessary to make membership in a housing association mandatory for all homeowners, if some of them have already decided to join a HOA. Otherwise, the owners are forced to choose another method: direct management of apartment buildings or management by a management organization, the authors of the resource believe. Another proposal is to stipulate that when an apartment is sold, the owner ceases to be a member of the HOA and the new owner, on the contrary, automatically becomes a member of the society.
Now the share of houses managed by housing associations of citizens is steadily decreasing, notes AKON: in 2010 there were 25% of such houses, now under the management of homeowners’ associations, housing construction and other cooperatives – 5.3% . According to the survey results, in 8% of HOAs there are less than 50% apartment owners (and it is possible that in reality it is 2-3 times more). This means that such homeowner associations are subject to liquidation. Although, the association believes, this violates the rights of the owners who have chosen this method of managing the house.
Mandatory membership in homeowner associations is contrary to the Constitution; Membership in any public association is voluntary, notes Popular Front analyst Pavel Sklyanchuk. The downward trend in the number of homeowners’ associations is explained by the increasing complexity of housing legislation that has occurred in recent years. “It has become more difficult for people to attract contractors to perform work in the house. Although there are examples when the presidents of the HOA alone effectively managed real estate,” says Sklyanchuk. “The main advantage of the HOA and the difference from the management company is that it is a non-profit organization, so it does not pursue the goal of making a profit from the management of the house. But at the same time, it is more difficult for the housing inspection to influence the quality of housing.” “The job of the president of the HOA, while the management company can have its license taken away.”
Sometimes the presidents of the HOA engage in absolute arbitrariness, notes Sklyanchuk. The extent of their powers, established by statute, is such that they can literally terrorize other residents. In this case, the law does not adequately protect those who have assumed the role of owners of common property from abuse.
