The New in the Legal Regulation of the Organization and Activities of Homeowner Associations

To date, such an organizational and legal form of a legal entity as a homeowner association is widespread and is in demand by participants of civil relationships, and in practice there are problems of organization and activity of its individual types that need independent research. In particular, this applies both to a homeowner association, the organization and activities of which are regulated by a special law, and partnerships for which there is no special legislative regulation. In connection with the above, the author explores a number of problems of the organization and activity of homeowner associations. Firstly, the problem of applying legislation to these relations by analogy. Secondly, the problem of the emergence of the right of common shared ownership of members of homeowner association, including those formed by owners of land plots united by a common territory, infrastructure and communications to common property. Thirdly, the problem of the exercise of membership rights and performance of duties by persons who do not have the status of a member of the homeowner association. Fourthly, the problem of the transfer of common property located within the boundaries of the homeowner partnership into common shared ownership. The author highlights the differences in law enforcement practice and identifies some other problems that arise due to the lack of legal regulation of the organization and activities of certain types of homeowner partnerships.

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