In accordance with the Housing Code of the Russian Federation, all issues related to business management are within the jurisdiction of general meeting of residents of apartment buildings. It is the owners of apartments in large buildings who are given the right to directly choose the fate of their own. All issues related to the life of an apartment building are resolved at a general meeting of residents, the holding of which is strictly regulated by law.

This year we developed new rules regarding holding a general meeting of residents of apartment buildings. It is planned that they will come into force on January 1, 2014. What is the essence of the new rules?

The date for holding the general meeting of residents is set. According to Article 45 of the Housing Code of the Russian Federation, an apartment building is required to hold an annual general meeting every year. The new rules indicate that, unless otherwise established by the general meeting of owners, the annual general meeting is held during the first quarter of the current year.

Changed list of persons entitled to convene a general meeting of premises owners. Now they have this right:

Any owner of premises in an apartment building

Managing organization - in case of:
--- the need to make decisions on the approval or change of the list of services and works for the maintenance and repair of common property in an apartment building,
--- determining or changing the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payment,
---submitting a report to the owners on the implementation of the management agreement.

Resource supplying organization - if it has an established fee for the corresponding utility service in an amount exceeding the cost of the corresponding utility resource for 3 billing periods (billing months). The meeting is held for the purpose of making decisions on the following issues:
--- payment for the corresponding utility service to the resource supplying organization,
--- concluding an agreement for the provision of one or more public services, and the maintenance and repair of relevant in-house engineering systems, with the specified resource supply organization
---changes in the way an apartment building is managed

The law details points regarding the procedure for holding a meeting at the initiative of one of the owners of premises in the house. Thus, the owner must submit a written application for holding a meeting to the management organization, HOA, and other organizations authorized to convene a general meeting, with a list of issues to be included on the agenda. After receiving an appeal, these organizations are obliged to carry out the activities necessary to hold the meeting.

It is clarified that, as a general rule, all costs associated with holding a general meeting of residents are borne by the party that initiated the meeting (an exception is if these costs are included in the fee for the maintenance and repair of residential premises, and the meeting is held on the initiative of the owner).

Changed rules for determining the quorum of the general meeting. The general meeting of owners is competent (has a quorum) if the owners of premises in a given building or their representatives with more than 50% of the votes of the total number of votes took part in it, while more than 25% of the votes belong to the owners (clarification about 25% of the votes of the owners is an innovation of the law).

Adjusted rules for communicating decisions, adopted at the meeting, to residents of an apartment building. The responsibility to bring this information to the owners rests with the person who initiated the meeting. This must be done no later than 10 days from the date of decision making, by notification using:
- sending registered letters
- delivery of the decision to each owner of the premises in the house against signature
- placement of the solution in the house, accessible to all owners of the premises
-in any other way, in any available form, allowing you to confirm receipt by the addressee, if this method is approved at the general meeting.

Also, by introducing an additional clause in Article 46 of the Housing Code of the Russian Federation, the information that should be contained in the decisions of the general meeting on the choice of management method, as well as on the issue of conclusion with the resource supplying organization, has been clarified.

Subjected to serious adjustments Article 47 of the Housing Code of the Russian Federation, establishing forms of holding a meeting. In accordance with the new procedure, the general meeting can be held by:
- joint presence of premises owners in a given house
-conducting absentee voting (by poll)
-in-person and absentee voting.

As a general rule, general meeting must be carried out through the joint presence of owners, unless another form is determined at the general meeting. If such a meeting does not have a quorum, in the future, decisions with the same agenda may be adopted by absentee voting.

In person and in absentia form of meeting is established by the decision of the owners. With this form of general meeting, there is a face-to-face discussion of the agenda and decision-making, with the subsequent transmission, within a specified period, of written decisions of the owners.

These are the new rules for holding general meetings in apartment buildings, which will have to be followed starting from the new year, 2014.

The general meeting of HOA members is the management body in an apartment building. According to Art. 44 of the Housing Code of the Russian Federation, the meeting is held to resolve issues through a general vote of the owners. In this article we will tell you how to hold a meeting of owners of an apartment building and what it is like.

According to Art. 44.1 of the Housing Code of the Russian Federation, the general meeting of the HOA can be held in the following forms:

1. In-person meeting of owners. It is carried out in the personal presence of the owners of the residential premises of the apartment building. It is held to discuss pressing issues and make decisions on them by voting.
2. In-person meeting of the HOA. In this case, the discussion of issues is carried out in person, but further voting can be carried out in absentia. The owners convey their opinions on current issues in writing. The decision is transferred to the address of the meeting of owners or another established jointly.
3. Absentee meeting of the HOA. The decision is made by voting in absentia. This type is also acceptable if the meeting of owners in person did not have a quorum. Voting is carried out by poll method. From 01/01/2018, a housing and communal services information system for conducting absentee voting was introduced (in Moscow, St. Petersburg and Sevastopol from 07/01/2019).

The meeting of owners of an apartment building has a quorum (i.e., it is competent) if a number of members of the HOA or their representatives took part in the voting, the total weight of votes being at least 50%. This is provided for in Part 3 of Article 45 of the RF Housing Code.

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How to properly conduct a HOA meeting? Step-by-step instruction

You can hold a meeting of owners of an apartment building using our step-by-step instructions.

Stage 1. Initiation of the general meeting of the HOA

The general meeting of homeowners in an apartment building is held on an annual basis. The date of the meeting is selected individually, but the meeting must be held during the second quarter of the year following the reporting one. The general meeting of owners of residential premises may set other dates. If there was no other period adopted by vote, you should act according to the instructions of the Housing Code of the Russian Federation.

In addition to scheduled meetings of owners, extraordinary meetings may be held. You can call a HOA meeting for the following reasons:

• if the initiator is one of the owners - part 2 of article 45 of the Housing Code of the Russian Federation;
• if the initiator is the board of the HOA (provided that it has already been created) - clause 8 of Article 148 of the Housing Code of the Russian Federation;
• if the initiator is the management company - part 7 of article 45 of the Housing Code of the Russian Federation.

It is also possible to initiate a general meeting if the owners, holding at least 10% of the total votes, contact the management company, HOA, residential complex, housing cooperative or other consumer cooperative in writing. This possibility is provided for in Part 6 of Article 45 of the RF Housing Code.

Stage 2. Preparation for the meeting of owners

This stage involves preparing issues that will be submitted for public discussion (agenda). You will also need to decide on the form of subsequent voting.

If the meeting of owners of an apartment building will be held in person or in absentia, it is necessary to choose a place and time to discuss current issues.

In addition, it is necessary to select candidates to perform the functions of chairman, secretary and members of the vote counting commission.

All interested parties should be notified of the general meeting of owners. At the preparation stage, a register of owners of residential premises, protocol forms, and possible forms of decisions on the agenda items are compiled.

Stage 3. Notifying owners about the meeting

Homeowners in an apartment building should be notified of the upcoming general meeting no later than 10 days before the event. According to Part 4 of Article 45 of the Housing Code of the Russian Federation, there are three possible ways of informing:

• the notice may be posted in a publicly accessible place;
• the notification is delivered to each owner personally, and a fact confirming receipt of information is a handwritten signature;
• notification is sent by the owner by registered mail.

As a rule, the method of informing the owners that suits everyone is established at the first meeting.

The notice of the upcoming meeting of owners must contain the following information:

• about the initiator of the general meeting;
• form of conduct;
• date of the meeting;
• the address of the place where the meeting will take place;
• a list of issues to be resolved by general voting;
• procedure for reviewing information;
• a list of materials that are planned to be presented at the meeting of owners.

If the meeting of owners of residential premises takes place in the form of absentee voting, the notice must also indicate the period during which the acceptance of decisions by members will be terminated. In addition, the address or other method of transmitting such decisions is prescribed.

Stage 4. Procedure for holding a meeting of owners

Depending on the type of meeting of owners, the procedure for making decisions on agenda items also changes.

If a meeting of owners of an apartment building is held in person, first you need to register everyone present at the event. Then, you should calculate the volume of votes as a percentage. The number of votes that each member of the meeting has is directly proportional to his share in the common property in the house (Part 3 of Article 48 of the Housing Code of the Russian Federation).

If there is a quorum, discussion of the planned issues can begin. To do this, you will initially need to select the chairman and secretary of the owners’ meeting, as well as determine the members of the vote counting commission.

During the meeting, it is prohibited to change the list of issues included in the agenda and make decisions on issues not covered by this list (Part 2 of Article 46 of the RF Housing Code).

When making decisions in absentia on pressing issues, owners must convey their opinion to the address specified in the notice. It is also important to take into account the specified period within which decisions are made (Part 1 of Article 47 of the RF Housing Code).

When holding a meeting of owners in absentia or in absentia, the participants of the event personally discuss the issues on the agenda. After this, the members of the meeting must submit their decision on the voting form within the specified period. The place or address of transfer of the decision is also indicated in the notice of the meeting (Part 3 of Article 47 of the RF Housing Code).

Decisions on agenda items are made by the majority of owners. However, there are exceptions. In some cases, a decision is made only if at least 2/3 of the total votes are voted in favor of it. Such situations include:

• decision on reconstruction of an apartment building;
• on the construction of outbuildings;
• on the boundaries of use of a land plot adjacent to an apartment building;
• on the use of common property of owners by other persons.

Whatever the form of the meeting, it is necessary to indicate the following information in the owner’s decision:

• information about the owner or his representative who participated in the voting;
• details of the document confirming the ownership of the person who participated in the meeting and voting to an apartment in the house;
• decision on all issues listed on the agenda.

Stage 5. Registration of the results of the voting of owners

According to clause 2 of the Requirements approved by Order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 937/pr), the minutes of the meeting of owners must be drawn up no later than 10 days after the event.

The protocol contains the following information:

• name of the document and its registration number;
• date of drawing up the protocol;
• date and place of the meeting of owners;
• title to the content of the protocol;
• content of the protocol;
• list of agenda items;
• presence of quorum;
• number of votes on each item on the agenda;
• the address where the protocol will be stored;
• list of applications, if any.

The minutes of the general meeting of owners must be signed by the chairman, secretary and members of the vote counting commission.

The initiator of the meeting is obliged to submit copies of the decisions and minutes to the management company, the board of the HOA, housing cooperative, residential complex or other consumer cooperative. This must be done within ten days after the meeting of owners of the apartment building.

The management company or other organization sends the above papers to the state housing supervision authority within five days. Copies of documents are stored there for three years.

It is worth keeping in mind that if the state housing supervision body receives two or more minutes of the general meeting within three months, which contain the same agenda items, then a commission will be sent to conduct an unscheduled inspection. The purpose of such an audit is to identify the fact of compliance with legal requirements regarding the procedure for organizing, conducting and processing the results of the general meeting of homeowners.

Stage 6. Notifying owners about decisions made

All residential property owners must be informed of the voting results. This is done by the initiator of the meeting. The notification period is no later than 10 days after decisions on the agenda items are made.

The notice must be posted in a place accessible to all residential property owners.

It is worth saying that even if the owner did not take part in the general meeting, he is obliged to obey the decision made. This is provided for in Part 5 of Article 46 of the RF Housing Code.

An owner who did not take part in the vote or was against the decision can appeal it in court. To do this, it will be necessary to prove that this decision violated his legal rights and interests or the decision was made in violation of the requirements of the Housing Code of the Russian Federation. You can appeal the decision within a period of no later than six months from the moment the owner learned about the voting results.

The court will take into account all the circumstances of the case and may leave the decision in force if the owner’s vote could not influence the decision, the violations committed are not critical, or the decision made did not cause damage to the owner. In any case, before going to court, we recommend that you consult with a housing lawyer.

Notice of a meeting of premises owners in apartment buildings - form and procedure for delivery. Who can initiate meetings and how? The necessary documents and options for holding meetings are discussed in this article.

When managing a multi-storey building, one of the main decision-making tools is the general meeting of home owners. The Housing Code of the Russian Federation defines it as the highest governing body. It is at such meetings of owners that issues relating to:

• building maintenance;
• carrying out repair work;
• improvement of the yard and adjacent areas;
• carrying out major repairs;
• adjustments to the amount of payment for repairs and maintenance of the building, and so on.

After receiving notifications of a meeting of owners of an apartment building, residents gather, in particular, to re-elect the head of the HOA or move to another management company. All these actions are confirmed by logging what is happening. They collect paintings of the owners. The protocols are subsequently stored in order to confirm the changes made in the event of a controversial situation. Read also how to do it correctly in a specialized article.

How to initiate a meeting of owners of an apartment building

To ensure that a decision made at a meeting of residents of a multi-storey building cannot be challenged by dissenting persons and canceled by regulatory authorities, the procedure must be carried out within the legislative framework. This is most important when re-electing the head of an HOA or moving to another management company. The meeting includes three key stages:

• drawing up, in accordance with all the rules, a notice of a meeting of owners of an apartment building;
• the event itself, which can be carried out in person, in absentia or combined;
• preparation of the protocol.

The general meeting of apartment building residents can initiate:

• owner of any of the apartments;
• Management Company;
• house council.

In addition, an initiative group of residents with at least 10% of the votes can become the initiator. She draws up a corresponding appeal to the management company, in which she explains why the meeting is necessary and what issues will be considered at it (event agenda). The management company usually agrees with the reasonable arguments of the residents. After this, preparations for the event begin, including drawing up a notice of a meeting of owners of an apartment building.

The initiator cannot be anonymous. If one of the specific residents wants to hold a meeting, then the notification must indicate his last name, first name and patronymic, as well as the apartment number.

Notice of homeowners' meeting

When preparing a notice of a meeting of owners of an apartment building, the requirements of the Housing Code for its registration are taken into account. This is a mandatory formality. If it is not observed, then the meeting itself and the decision it makes may subsequently be challenged in court.

Persons initiating the meeting must notify the owners 10 days before the appointed date. The law determines the form of such notification. In addition, the notice of a meeting of owners of an apartment building must contain a certain list of information.

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Contents of the notice of the owners' meeting

The notice of a meeting of owners of an apartment building contains several mandatory items. Among other things, it states:

• address of the building where apartment owners are invited to the event;
• initiator;
• type of meeting - regular (scheduled) or extraordinary;
• the issue under consideration (one or more);
• form of the meeting;
• date and location of the event;
• the procedure for studying materials on those issues that are included in the agenda;
• the end date for collecting signatures for or against the issue under discussion (if voting is carried out in absentia).

The form of the event indicated in the notice of a meeting of owners of an apartment building may be in person, in absentia or in absentia. The first option is the most difficult to implement. It requires the collection of the number of owners required for a quorum on the announced day (at least 50% of the votes). It is impossible to “bypass” the in-person form, but if a quorum is not met, then you can proceed to voting on the same issues in absentia.

The transition to holding a meeting in absentia involves preparing another notice of a meeting of owners of an apartment building. Here again, the law requires you to wait 10 days. After this, you can do a door-to-door visit to collect signatures or distribute questionnaires. In the second case, the notification indicates where and by what time the completed sheets must be submitted.

The most convenient is considered to be the recently appeared part-time and part-time form. It simplifies the entire procedure, since notification of a meeting of owners of an apartment building only needs to be submitted once. If the full-time form does not meet a quorum, then the transition to the absentee form occurs the next day. There is no need to issue a second notification and wait another 10 days.

How to serve a notice

The legislation states that notice of a meeting of owners of an apartment building must be sent to each addressee by registered mail. It is sent with acknowledgment of receipt. However, in practice this usually works somewhat differently.

The option of registered mail is prescribed by law, which is called “by default,” but in most cases it is not used due to the excessive complexity of the procedure. The same law allows us to simplify this process. Notifications of meetings of owners of an apartment building can be made, for example, using simple notices on boards located at each entrance. However, this form must be previously agreed upon at one of the earlier meetings.

Another method of notification is a door-to-door visit by the initiating party to personally deliver notifications. In this case, notes on receipt of paper are collected.

There may be a loophole here for those who wish to challenge the decision. If notices of meetings of owners of an apartment building were not sent by registered mail, then you need to have a clear justification for using a different method. In the event of a trial, this may become a decisive argument.

The general meeting of owners is one of the management bodies of the apartment building. On the one hand, this is an instrument for expressing the will of the owners, on the other hand, it is a way to resolve the difficulties facing the management company. The OSS resolves all issues related to the management of apartment buildings: ensuring comfortable and safe living conditions in the house, proper maintenance of common property, routine repairs, as well as the provision of utilities. Today we find out who can perform initiator of the general meeting of owners.

Primary NSS

The question of who initiates the OSS is decided depending on what kind of meeting it is, as defined by Art. 45 of the Housing Code of the Russian Federation.

If the meeting of owners is primary (let’s say it is held in a new building), then its initiator can be one or more owners of premises in this apartment building. In addition, according to the recommendation given in the order of the Ministry of Construction of the Russian Federation N 411 dated July 31, 2014), the first annual meeting in such a house can be held by those owners who were selected at the primary OSS, where the initiative group for holding the next annual meeting was determined.

Annual and extraordinary OSS

Most often we deal with annual or extraordinary OSS.

There are three ways to initiate an annual or special meeting. Such OSS is organized on the initiative of:

• any of the owners of the house (part 2 of article 45 of the Housing Code of the Russian Federation);
• MA, the board of the HOA, housing complex or housing cooperative upon a written request from the owners who have at least 10% of the total number of votes (Part 6 of Article 45 of the Housing Code of the Russian Federation).

Let us recall that the votes of owners are directly proportional to the area that they own (1 square meter = 1 vote) (Part 3 of Article 48 of the Housing Code of the Russian Federation).

What rights does the initiator/initiative group have? They have the right to carry out actions related to conducting OSS(see paragraph 6 of section IV of the Order of the Ministry of Construction of the Russian Federation dated July 31, 2014 N 411/pr “On approval of the approximate terms of the management agreement for an apartment building and methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings”):

• identification of all owners;
• preliminary survey of owners' opinions;
• determining the share of each owner of the OSS in the house;
• determination of candidates for the chairman of the general meeting, secretary, counting commission, etc.

If the owners, who have at least 10% of the votes, have contacted the Management Board with a written request to hold a meeting, then it must be held within 45 days from the date of the request. And no less than 10 days before the meeting, you need to notify each owner about it, draw up the necessary documents based on the results conducting OSS, and then bring the results of the OSS to the attention of the owners, as required by Part 6 of Art. 45 of the Housing Code of the Russian Federation.

OSS financing

There is a big difference between meetings that are held at the initiative of the management company and at the initiative of the owners. The difference is how these meetings are funded. There is an opinion on this matter expressed in Letter of the Ministry of Construction of the Russian Federation dated No. 27535-OL/04 dated February 28, 2015 “On the procedure for financing general meetings of owners of premises in apartment buildings.”

According to this letter, financial expenses are borne by initiator of the general meeting of owners:

• if the OSS is carried out on the initiative of any owner - this owner;
• if at the initiative of the MA - MA;
• if at the initiative of the owners who have at least 10% of the votes, these owners (if no other decisions were made on this issue at the previous OSB or by the board of the HOA/cooperative).

And yet, the issue of financing OSS collected at the initiative of the owners has not been resolved with certainty. The Letter from the Ministry of Construction of the Russian Federation is the point of view of the department, and judicial practice on this issue has not yet developed. The procedure for financing meetings can be determined in advance: in the management agreement - at another, previous meeting of owners.

If the OSS wants to conduct a third-party MA

Some EOs are faced with the sticky situation of another AO trying to collect OSS in MKD, which is not controlled. The motives for such an act are clear: this is a way to lure MKD under your wing. A reasonable question arises: do they have the right to do this?

We can definitely say: no, a third-party management authority does not have such a right - simply because such a possibility is not provided for by the Housing Code of the Russian Federation, and specifically Part 7 of Art. 45 of the RF Housing Code, which clearly states that “ general meeting of owners of premises in an apartment building may be convened at the initiative of the management organization managing this apartment building under a management agreement.” This means that decisions made at the OCC, convened by the external management, will not be legitimate and can be challenged.