What is a real estate owners' partnership (TSN)

TSN Partnership: what is it?

The new form of ownership differs from the previous one, the same HOA. Firstly, owners can independently decide how to manage the premises. If the quality of the services received does not meet the requirements, then TSN may terminate the contract and invite other organizations to perform the work.

TSN indirectly forces residents to take care of common areas. If equipment breaks down, everyone will have to pay for it. Residents will know how much it costs to paint a painted wall or replace a broken window. This not only increases the market value of apartments, but can also reduce monthly payments in the future. Without exception, all residents of the house participate in the costs of repairs. This is what kind of partnership this is - TSN.

Legislative regulation

Let's take a closer look at what kind of TSN partnership this is from the point of view of the Civil Code of the Russian Federation. Changes concerning non-profit corporate organizations were introduced by Federal Law No. 99.

TSN is a partnership of owners of real estate (premises in houses or in several residential buildings, summer cottages), organized for collective ownership and use. The partnership must have a charter containing the name of the document, the location of the organization, its composition, the subject and purpose of its activities.

The Partnership is not liable for the obligations of its members. He owns only the property specified in the charter, on the basis of shared ownership. The highest competent body of the partnership determines the amount of mandatory membership fees. The management of the organization is carried out by the chairman and the board. Their functions may be terminated early in case of gross violation of duties.

Distinctive features

Such an association of owners differs from an HOA in the following features:

1. HOA participants are only the owners of living space in one specific building. But owners of any type of real estate, both in the city and outside it - housing, offices or land, can become members of TSN.
2. Within the framework of TSN, it is envisaged to receive a profit (despite its non-commercial orientation), which will be used to satisfy the needs and interests of the members of the partnership. So in TSN you can manage various real estate objects.
3. The HOA decided only the procedure for managing the property of the house and issues related to housing and communal services. TSN solves much more diverse problems - conducting commercial activities related to real estate objects that are in shared ownership, construction of new buildings, etc.
4. They also differ in tax system. The homeowners' association paid taxes according to a simplified system, but TSN does not have the right to do so.
5. Only individuals can be participants in an HOA, and in TSN - both legal entities and their joint associations.
6. The HOA did not require a license to operate, but TSN must be licensed.

About the advantages of organizing this type of association of real estate owners, see the following video:

HOA and TSN (real estate owners' partnership): pros and cons

HOA is a type of TSN. In the first case, we are talking only about the association of owners of apartment buildings, and in the second - about the association of owners of various forms of real estate (houses, buildings, gardening, vegetable plots, land plots). The two terms do not replace each other. Regulation of the activities of HOAs is carried out according to the norms of housing legislation, which are special in comparison with the general provisions of the Civil Code. That is, when resolving controversial issues, one should first of all rely on the norms of the Housing Code of the Russian Federation.

What kind of partnership is this “TSN”? In this case we are talking about an association of owners of any real estate, both commercial and non-commercial. It can be not only at home. But also offices and garages. That is, a non-profit organization fulfills the needs of owners who, due to circumstances, are together.

The HOA has outlived its usefulness. With the help of such a partnership, for example, you cannot manage an office building located in the city center. By organizing TSN, you can agree with government agencies on key issues. Moreover, the Civil Code of the Russian Federation spells out all the provisions relating to the creation, collection and dissolution of a partnership.

The HOA also does not justify itself because the property includes not only a residential building, but also a plot of land, a basement, and an attic. Members of the partnership were previously unable to manage these facilities. Many issues have been resolved through the courts regarding who owns the basement and who has the right to rent out the attic space. Now they will all be under the management of the partnership.

One more example. How to organize parking if the yard belongs to several houses? The effectiveness of the partnership will be justified if it owns several objects.

The law also spells out some nuances that should be taken into account when creating or reorganizing legal entities. If we are talking about an HOA, then when created, the name of the organization should clearly reflect not only its name, but also its form of ownership, and if it is a TSN, then the name does not need to indicate the form of ownership. In general, many people like the advantages of TSN (real estate owners' partnership).

Pros and cons of two types of OPF

Homeowners' associations or TSN can unite not only owners of apartments in apartment buildings, but also owners of country or garden-type plots, garages, and areas intended for vegetable gardens. Property can be anything, but the form of organization remains unchanged. Members of the TSN management may not consult with members of general meetings and independently resolve important issues.

TSN also has significant disadvantages, for example, such an organization cannot be transferred to a simplified tax payment system, unlike HOAs. The main advantage of TSN is that its participants are not liable for the obligations of the partnership with their property and, if desired, can change its form by creating a consumer-type cooperative. SNT and TSN differ in the rules for conducting business, in addition, each of these OPFs has its own nuances.

It should be taken into account that changes in the law did not significantly affect partnerships created before September 1, 2014. At the same time, changes to the list of existing documents and the charter must be carried out taking into account accepted standards. The name of new legal entities is no longer indicated in the form of an abbreviation; it must have a different form: “association of real estate owners.”

Cost savings

By law, TSN (real estate owners' association) has the right to independently determine the order of work. Any member of the partnership can control expenses and income. That is, the partnership can rent out the premises. The Partnership can create conditions for the economical use of energy resources by installing units and energy-saving technologies. In some cities, partnership participants are provided with:

• subsidies to offset training costs for chairpersons;
• reimbursement of expenses for registration of TSN;
• subsidies to compensate for expenses aimed at repairing apartment buildings, facades, installing equipment, sites, etc.

The main nuances of changing OPF

If you have a goal to create a partnership of real estate owners instead of SNT, you will need to familiarize yourself with the rules and consistently go through all the stages. In most cases, there is no need to make global changes, especially if the charter remains in the same version and new persons are not included in the membership. Existing title documents do not need to be reissued, which significantly simplifies bureaucratic procedures.

Problems arise only in a situation where SNT has difficulties with the delimitation of plots, registration of the right to own communications, including other conflict issues. According to the law, any part of the SNT can be separated from the general composition. For this purpose, you will need to obtain the consent of each participant or make a decision at the meeting. In the absence of a positive decision, members of the allocated part of the partnership have the right to go to court.

Peculiarities

A legal entity can also become a member of TSN. What kind of partnership is this supposed to be? This could be an office space management organization. Individuals can join several partnerships at once. For example, by place of residence, work and location of the dacha. Experts believe that owners of garden plots will be most pleased with the innovations. This is the most vulnerable part of the population. Previously, roads and communications were practically rented. Now the population has the opportunity to independently decide how to dispose of joint property.

TSN registration

Owners of premises can create one partnership. The corresponding decision is made by the owners of the premises at a meeting. A decision is considered positive if more than 50% of the partnership participants vote for it. The protocol on registration of TSN must be signed by all participants of the partnership. The charter must also be approved at a meeting of participants. It describes all aspects of the activity: rights, obligations, start and termination of work, etc.

The TSN board must be approved before registering the partnership. It subsequently appoints a chairman. An audit group is also being created that will check the work of the board. When registering with a government agency, you must submit:

• registration application (No. 11001);
• notarized minutes of the meeting;
• two copies of the charter;
• receipt for payment of state duty.

After registration, you need to open a bank account. It will receive membership fees and utility bills. All that remains is to conclude agreements with service organizations. How should TSN (real estate owners' association) reports be submitted? Since the partnership is registered as a legal entity, it will also need to submit reports as a legal entity.

The main differences between TSN and SNT

A gardening partnership can be created by the owners of summer cottages after a collective decision is made at a meeting. SNT participants can jointly solve various social and economic issues, including waste removal, development of the infrastructure of a legal entity or other current tasks. SNT is an official organization that will need to be registered in order to assign it legal status.

TSN is a broader concept compared to other legal forms, since it unites many public enterprises other than cooperatives. All partnerships are created for the purpose of managing public property, as well as to perform social and economic tasks. Integral parts of each of them are governing bodies, a single charter and the need to pay membership fees, so the difference between the two types is not significant.

Important! The participants of the partnership must develop a charter and elect members of the board of directors by voting. When registering, you should adhere to the rules established by law that govern activities in a gardening non-profit partnership.

Registration nuances

The method of managing apartment buildings is chosen by the owners and can be changed at any time. TSN decisions apply to all premises in the apartment building. If the management of the property was carried out by a management organization, then the owners should first consider refusing the services of this company. The Charter is the only document of TSN.

The initiator of the meeting of apartment owners must inform all residents about the date of the meeting at least 10 days in advance by delivering notices against signature or sending them by registered mail.

Any decisions of the partnership are considered adopted if a quorum, that is, more than 50% of the owners, votes for them. If there is no quorum, then the initiator can call a second meeting and make a decision in absentia. Decisions made in this way must be communicated to all members of society. For this purpose, the initiator or his representatives visit all apartments and distribute written decisions to residents.