Residents of the apartment building were extremely dissatisfied with the maintenance of their apartments by a housing maintenance organization. Due to the fact that most of the apartments in this house were privatized, at a general meeting of residents, it was decided to form a partnership of homeowners. However, the residents of the house had a number of questions about which they turned to a lawyer. The following questions were asked:
Will a homeowners partnership be a commercial or non-profit organization? Will the HOA have the right to engage in entrepreneurial activity, and if there is such a right for the HOA, then what should be the mechanism for the distribution of profits?
A number of tenants in this house have not privatized their apartments and continue to live on the terms of social tenancy.
Is homeowners associations possible in this case? If the creation of an HOA is possible, can tenants be members of a partnership of homeowners and participate in house management?
After registering a partnership of homeowners, does it have the right to conclude an agreement on house maintenance with another housing maintenance organization or will it be necessary for the HOA to perform all house maintenance on its own? In the latter case, does the partnership of homeowners have the right to hire workers who will service the housing fund under an employment contract?
Who owns the ownership of the land on which the apartment building is located.
What explanation should a lawyer give on these issues?
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