How to hold a general meeting of owners of an apartment building. How to properly conduct a general meeting of residents? Decisions of the general meeting of owners

HOW TO HOLD A GENERAL MEETING OF OWNERS OF AN APARTMENT BUILDING

(step-by-step instruction)

Decisions are made by the owners of the premises of an apartment building at a general meeting. The general meeting is the governing body of an apartment building (Part 1 of Article 44 of the Housing Code of the Russian Federation).

The initiator of the general meeting can be any owner (Part 2 of Article 45 of the Housing Code of the Russian Federation). As practice shows, for a successful general meeting, it is desirable that an initiative group from among the owners appear in the house.

Step 1. Creation of an initiative group owners and holding a meeting of the initiative group

We determine who takes the initiative to convene an extraordinary general meeting (according to Part 2 of Article 45 of the Housing Code of the Russian Federation, all general meetings, except for the mandatory annual one, are extraordinary).

We are gathering a team of like-minded people - an initiative group. Only the owners of the premises in this house can enter it.

We are holding a meeting of the initiative group. We determine the proposed agenda. We determine the date, time and place of the general meeting. For the first time, it must be carried out in person (in the Housing Code of the Russian Federation this is called “through the joint presence of the owners of the premises”).

The final document should be minutes of the initiative group meeting, which expresses the intention to convene a general meeting of premises owners, its form, place and time, a list of issues that are planned to be discussed, and other issues.

It is important to remember: the general meeting of premises owners does not have the right to make decisions on issues not included in the agenda of this meeting, or to change the agenda of this meeting (Part 2 of Article 46 of the Housing Code of the Russian Federation). Therefore, it is necessary to formulate as accurately as possible the agenda proposed for consideration of the general meeting.

Step 2. Obtaining a register of premises owners

The register includes the owners of the premises of a particular apartment building, indicating the area of the premises they occupy. Members of the initiative group can contact the managing organization for this information.

STAGE I: General meeting of owners in person

We remind you: For the first time, the general meeting must be held in person (“through the joint presence of the owners of the premises”).

Step 3. Notice of the general meeting

We issue notifications based on the number of premises owners.

d) agenda of the meeting;

It is important to remember that the initiator of the meeting is obliged to inform the owners of the premises about the meeting no later than 10 days before the date of its holding. Within the specified period, a notice of the general meeting must be sent to each owner of the premises. According to Part 4 of Art. 45 of the Housing Code of the Russian Federation, this can be done in three ways:

It is advisable, simultaneously with the notification, to send the owners an information letter explaining the substance of the upcoming vote. In addition, this information letter, in addition to sending out notifications, can be posted in a place accessible to all home owners (for example, a notice board).

Step 4. Conducting a general meeting in person and recording its results

On the day of the meeting, members of the initiative group meet the remaining owners of the premises at the appointed place and at the agreed time.

The owner of the premises can vote at the general meeting either personally or through his representative (Part 1 of Article 48 of the Housing Code of the Russian Federation). The power of attorney for voting must contain information about the represented owner of the premises and his representative (name or designation, place of residence or location, passport details) and must be drawn up in accordance with the requirements of clauses 4 and 5 of Art. 185 of the Civil Code of the Russian Federation or certified by a notary (Part 2 of Article 48 of the Housing Code of the Russian Federation).

All necessary data is entered into the registration sheets.

It is very important to remember that the general meeting is valid (has a quorum) if the owners of the premises or their representatives with more than 50% of the votes of the total number of votes took part in it (Part 3 of Article 45 of the Housing Code of the Russian Federation).

If there is no quorum...

If the general meeting did not have the required quorum, we draw up appropriate minutes. Since no decisions were made and it was not possible to choose the chairman and secretary of the meeting, the protocol is signed by the initiator/initiators of its holding.

In the future, decisions of the general meeting with the same agenda can be adopted by absentee voting (Part 1 of Article 47 of the Housing Code of the Russian Federation) - we switch to

PHASE II .

If there is quorum...

We remind you that the agenda cannot be changed, shortened or supplemented(Part 2 of Article 46 of the Housing Code of the Russian Federation).

First, we select the chairman of the general meeting, a secretary to take minutes, and a counting commission to sum up the voting results (first we determine the number, then the personnel). These are, one might say, mandatory procedural issues. Then there is a discussion and voting on the remaining items on the agenda.

Step 5. Notice of the results of the general meeting in person

The decisions made by the general meeting, as well as the voting results, are brought to the attention of the owners of the premises by the owner, on whose initiative such a meeting was convened. The deadline is no later than ten days from the date of adoption of these decisions (Part 3 of Article 46 of the Housing Code of the Russian Federation).

The meeting must decide in what form this will be done and where: the place must be accessible to all owners of the premises. The simplest form is a copy of the minutes of the meeting of premises owners. But the owners can decide that this will be a separate document - a notification (message) about the decisions of the meeting and the voting results.

Step 6. Document storage

STAGE II: General meeting of owners in the form of absentee voting

If a meeting of premises owners in person did not have the required quorum, future decisions of the general meeting of premises owners with the same agenda may be adopted by absentee voting. It implies the transfer to the place or address indicated in the notice of the general meeting of the owners’ decisions on issues put to vote, drawn up in writing (Part 1 of Article 47 of the Housing Code of the Russian Federation).

Since some work has already been done at the first stage, the algorithm of actions when holding a meeting of owners in the form of absentee voting is somewhat different.

Step 5. Holding a meeting of the initiative group

The same agenda is submitted for consideration by the owners, but the form of holding the general meeting of premises owners is changed. Accordingly, the agenda of the initiative group meeting itself is partially changed. We need to determine:

- the timing of its implementation.

Since at the first stage the register of owners should already be received, the next one will be

Step 6. Notification of the general meeting and delivery of resolution forms

Based on the number of premises owners, we prepare notices of holding a general meeting in the form of absentee voting.

In Part 5 of Art. 45 of the Housing Code of the Russian Federation states what must be indicated in such a notification:

a) information about the person (persons) on whose initiative (whom) the meeting is convened;

b) the form of the meeting (in-person meeting or absentee voting);

c) the date, time, place of the meeting or, in the case of this meeting being held in the form of absentee voting, the end date for accepting decisions of the owners on issues put to vote, the place or address where such decisions should be transmitted;

d) agenda of the meeting;

e) the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, the place or address where they can be viewed.

Very important to remember! The agenda of the general meeting in the form of absentee voting must be exactly the same as for a meeting that did not take place in person.

The initiator of the meeting is obliged to inform the owners of the premises about the meeting no later than 10 days before the date of its holding. Within the specified period, a notice of the general meeting must be sent to each owner of the premises. According to Part 4 of Art. 45 of the Housing Code of the Russian Federation, this can be done in three ways:

1) send by registered mail (unless the decision of the general meeting of owners provides for another way of sending this message in writing). This method is most effective, especially in houses with a large number of apartments;

2) hand over to each owner of the premises against signature;

3) place it in the premises of this house, determined by the decision of the general meeting of owners and accessible to all owners of the premises.

At the same time, we send decision forms on the issues put to vote to the owners of the premises.

Voting on issues on the agenda of the general meeting of owners of premises, held in the form of absentee voting, is carried out only through written decisions of the owners on issues put to vote (Part 5 of Article 48 of the Housing Code of the Russian Federation).

The owner’s decision on issues put to vote must indicate:

2) information about the document confirming the ownership of the person participating in the vote to the premises in the corresponding apartment building;

3) decisions on each issue on the agenda, expressed in terms of “for”, “against” or “abstained” (Part 3 of Article 48 of the Housing Code of the Russian Federation).

It is advisable to simultaneously once again send an information letter to the owners with clarifications on the agenda.

Step 7. Acceptance of decisions by premises owners

Decisions are made before the date at the place or address specified in the notice of the general meeting.

Those who took part in the general meeting, held in the form of absentee voting, are considered to be the owners of premises in a given building, whose decisions were received before the closing date for their reception (Part 2 of Article 47 of the Housing Code of the Russian Federation).

Step 8Registration of the results of absentee voting of owners

The Counting Commission processes the received ballots and, after the specified period, calculates the voting results.

ABOUT the general meeting is valid (has a quorum) if the owners of the premises or their representatives with more than 50% of the votes of the total number of votes took part in it (Part 3 of Article 45 of the Housing Code of the Russian Federation).

The number of votes that each owner of a premises in an apartment building has at a general meeting is proportional to his share in the right of common ownership of common property in a given building (Part 6 of Article 48 of the Housing Code of the Russian Federation).

When voting is carried out through written decisions of the owners on issues put to vote, votes are counted on issues for which the owner participating in the vote has left only one of the possible voting options. These decisions drawn up in violation of this requirement are declared invalid, and votes on the issues contained in them are not counted. If the owner’s decision on issues put to a vote contains several issues put to a vote, failure to comply with this requirement in relation to one or more issues does not entail the recognition of the said decision as invalid as a whole (Part 6 of Article 48 of the Housing Code of the Russian Federation ).

The final decision of the general meeting of owners is formalized in the form protocol with all voting ballots attached to it.

Step 9 Notice of the results of the general meeting in the form of absentee voting

The decisions made by the general meeting, as well as the voting results, are brought to the attention of the owners of the premises by the owner, on whose initiative such a meeting was convened, by posting an appropriate notice about this in the premises of the given house, determined by the decision of the general meeting and accessible to all owners of the premises. This must be done no later than ten days from the date of adoption of these decisions (Part 3 of Article 46 of the LC).

Step 10 Document storage

Minutes of general meetings of owners of premises in an apartment building and decisions of such owners on issues put to vote are stored in the place or address determined by the decision of this meeting (clause 4 of Article 46 of the Housing Code of the Russian Federation).

Decisions of the general meeting of owners.

The competence of the general meeting of owners of premises in an apartment building includes:

1) making decisions on the reconstruction of an apartment building (including its expansion or superstructure), construction of outbuildings and other buildings, structures, structures, major repairs of common property in an apartment building, on the use of the capital repair fund;

1.1) making decisions on the choice of the method of forming the capital repair fund, the amount of the contribution for capital repairs in terms of its excess over the established minimum amount of the contribution for capital repairs, the minimum amount of the capital repair fund in terms of its excess over the established minimum size of the capital repair fund (in if the law of a constituent entity of the Russian Federation establishes a minimum size of the capital repair fund), choosing a person authorized to open a special account and carry out transactions with funds located in the special account;

1.2) making decisions on the receipt by a homeowners’ association or a housing construction cooperative, a housing cooperative or another specialized consumer cooperative, a management organization and, in the direct management of an apartment building, by the owners of premises in this building by a person authorized by a decision of the general meeting of such owners, a loan or a loan for capital repair of common property in an apartment building, on determining the essential terms of a credit agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the specified guarantee, surety, as well as on repayment at the expense of the capital repair fund of the loan or loan , used to pay for the costs of major repairs of common property in an apartment building, and for the payment of interest for the use of this credit or loan, payment from the capital repair fund for the costs of obtaining the specified guarantees and sureties;

2) making decisions on the limits of use of the land plot on which the apartment building is located, including the introduction of restrictions on its use;

3) making decisions on the use of the common property of the owners of premises in an apartment building by other persons, including the conclusion of contracts for the installation and operation of advertising structures, if for their installation and operation it is intended to use the common property of the owners of premises in an apartment building;

3.1) making decisions on identifying persons who, on behalf of the owners of premises in an apartment building, are authorized to conclude agreements on the use of the common property of the owners of premises in an apartment building (including agreements for the installation and operation of advertising structures) on the terms determined by the decision of the general meeting;

3.2) making decisions on the use of the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting;

3.3) making decisions on identifying persons who, on behalf of the owners of premises in an apartment building, are authorized to use the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the administrator of the general meeting);

3.4) making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to vote, as well as the duration of voting on issues on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the system;

4) choosing a method of managing an apartment building;

4.1) making decisions on current repairs of common property in an apartment building;

5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building. (Article 44 of the Housing Code of the Russian Federation).

Article 45. Procedure for holding a general meeting of owners of premises in an apartment building

1. Owners of premises in an apartment building are required to annually hold an annual general meeting of owners of premises in an apartment building. Unless otherwise established by the general meeting of owners of premises in an apartment building, the annual general meeting of owners of premises in an apartment building is held during the second quarter of the year following the reporting year, in the manner prescribed by this article.

2. General meetings of owners of premises in an apartment building held in addition to the annual general meeting are extraordinary. An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.

3. The general meeting of owners of premises in an apartment building is valid (has a quorum) if the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes took part in it, with the exception of the general meeting of owners of premises in an apartment building, carried out on the issue specified in clause 4.5 of part 2 of article 44 of this Code. If there is no quorum for holding an annual general meeting of owners of premises in an apartment building, a repeat general meeting of owners of premises in an apartment building must be held. A general meeting of owners of premises in an apartment building, held on the issue specified in clause 4.5 of part 2 of Article 44 of this Code, is competent (has a quorum):

1) if there is more than one entrance in an apartment building, if the owners of premises in this apartment building or their representatives with more than fifty percent of the votes of the total number of votes of the owners of premises in this apartment building took part in the general meeting of owners of premises in this apartment building , including owners of premises in an apartment building in the entrance of which the premises being transferred are located, having more than two-thirds of the votes of the total number of votes of such owners;

2) if there is one entrance in an apartment building, if the owners of premises in this apartment building or their representatives holding more than two-thirds of the votes of the total number of votes of the owners of premises in this apartment building took part in the general meeting of owners of premises in this apartment building.

Information about changes:

Article 45 was supplemented by part 3.1 from January 11, 2018 - Federal Law of December 31, 2017 N 485-FZ

3.1. The management organization, the board of a homeowners' association, a housing or housing-construction cooperative, or another specialized consumer cooperative are required to maintain a register of owners of premises in an apartment building, which contains information that allows identifying the owners of premises in a given apartment building (last name, first name, patronymic (if any) the owner of the premises in an apartment building, the full name and main state registration number of the legal entity, if the owner of the premises in an apartment building is a legal entity, the number of the premises in the apartment building, the owner of which is an individual or legal entity), as well as information on the size of their shares in the right of common ownership of the common property of the owners of premises in an apartment building. Upon receipt by the management organization, the board of a homeowners' association, housing or housing-construction cooperative, or other specialized consumer cooperative, appeals in writing, including appeals using the system, the owner or other person specified in this article, on whose initiative a general meeting is convened meeting of owners of premises in an apartment building, on the provision of a register of owners of premises in an apartment building, these persons are obliged to provide the owner or other person specified in this article with this register within five days from the date of receipt of such an application. The consent of the owners of premises in an apartment building to the transfer of personal data contained in the register of owners of premises in an apartment building, when providing this register in the manner established by this part, for the purpose of convening and organizing a general meeting of owners of premises in an apartment building is not required.

4. The owner, another person specified in this Code, on whose initiative a general meeting of owners of premises in an apartment building is convened, is obliged to inform the owners of premises in this building about the holding of such a meeting no later than ten days before the date of its holding. Within the specified period, a message about holding a general meeting of owners of premises in an apartment building must be sent to each owner of the premises in a given building by registered mail, unless the decision of the general meeting of owners of premises in a given building provides for another way of sending this message in writing, or delivered to each owner of the premises in this house under signature or placed in the premises of this house, determined by such a decision and accessible to all owners of premises in this house.

5. The notice of holding a general meeting of owners of premises in an apartment building must indicate:

1) information about the person on whose initiative this meeting is convened;

2) the form of holding this meeting (in-person, absentee or absentee voting);

3) the date, place, time of this meeting or, if this meeting is held in the form of absentee voting, the closing date for accepting decisions of owners on issues put to vote, and the place or address where such decisions should be transferred;

4) the agenda of this meeting;

5) the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.

Information about changes:

Federal Law No. 176-FZ of June 29, 2015 supplemented Article 45 of this Code with Part 6

6. Owners who have at least ten percent of the votes of the total number of votes of the owners of premises in an apartment building have the right to apply in writing to the management organization or the board of a homeowners’ association, housing or housing-construction cooperative, or other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. The application for holding a general meeting of owners of premises in an apartment building must formulate the issues to be included on the agenda of the meeting. At the request of the owners, the management organization, the board of a homeowners' association, housing or housing-construction cooperative, or other specialized consumer cooperative are obliged to carry out the activities necessary for holding a general meeting of owners of premises in an apartment building within forty-five days from the date of receipt of the application, but no later than than ten days before the date of the general meeting, notify each owner of the premises in this house about the holding of this general meeting in the prescribed manner, as well as draw up the necessary documents based on the results of this general meeting and ensure that they are brought to the attention of the owners of the premises in this house in the prescribed manner , installed

(see text in the previous edition)

5. The notice of holding a general meeting of owners of premises in an apartment building must indicate:

1) information about the person on whose initiative this meeting is convened;

2) the form of holding this meeting (in-person, absentee or absentee voting);

(see text in the previous edition)

4) the agenda of this meeting;

5) the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.

7. A general meeting of owners of premises in an apartment building may be convened on the initiative of the management organization managing this apartment building under a management agreement. At the same time, the agenda of such a meeting may include issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

02.09.19 12 932 10

If you already have a property passport and a register of owners of your home

Another way to find allies is to write an advertisement about the creation of an initiative group. For example:

"Hello. I am the owner of such and such an apartment in our building. I want to make life in our home better. To do this, I propose to establish self-government in the house: deal with unfairly assessed payments, organize garbage collection, and keep the entrance clean. If you also want this and are ready to take part in management, contact me in any convenient way: by phone +7 905 123-45-67, email [email protected], in WhatsApp, Viber or Telegram. Sincerely, Vladimir Ivanov."

It is important that already at this stage you clearly understand why you want to hold the meeting. If your goal is to install a barrier in the yard, indicate this in the ad. If you find fake minutes of previous meetings, write about this too: this way there is a greater chance that other residents will be outraged and take your side. The better you explain how self-government will benefit your neighbors, the more likely you are to get a response.

The advertisement must be printed and placed in mailboxes. You can also hang it in a visible place in every entrance of the house.

It is difficult to predict how many people will come based on an ad. But even if you don’t receive a single call or letter, at least the neighbors will know that something is up in your house. This will reduce possible suspicions during door-to-door visits and collection of money.

Regardless of whether you managed to enlist the support of the chairman of the board, before the next step, be sure to get together with everyone who is ready to help - they called through an advertisement or expressed interest in a personal conversation. Get to know each other, exchange contacts and find out who is ready to help and how. For example, economists will help with vote counting. A head teacher or simply an experienced teacher, a policeman or a career military man can become an excellent chairman of a meeting - most likely, they will be able to maintain order.

Also find out which roles people are ready to perform at the meeting - chairman, secretary or member of the counting commission. I will write about these roles further.

At this same stage, I advise you to create a general chat at home in any convenient messenger - usually WhatsApp or Viber. This way you can quickly discuss the situation and share information. Ideally, invite experts to this chat - those who are professionally involved in organizing self-government or at least those who have already held a meeting in their home.

Determine the date, time and location of the meeting

When: 3 weeks before the meeting.

You need to decide on the date, time and place of the meeting in advance: you must indicate them in the agenda and cannot change. You will also need to have time to notify the owners.

You need to schedule a meeting at a time that is convenient for everyone: on a weekday evening or on a weekend. In summer, the first option is preferable, because on weekends many people go to their dachas.

You will need a place where everyone can fit and will not depend on the weather. One summer we held a meeting on the playground. In frost or rain, there are only two options - an entrance or someone's apartment.

You can also try contacting your local government to help you find premises. To do this, you need a written request from the initiative group. By law, they must provide assistance - for example, by providing accommodation at a school nearby.

Once you have decided on the date, time and place, create an agenda.

Create an agenda and post information online

When: 3 weeks before the meeting.

The agenda of the general meeting of owners is a list of all issues without exception that you plan to discuss and resolve at the meeting. It needs to be posted on the Internet and submitted to the state property authority - this is a different institution in each city.

How to create an agenda. The agenda must indicate the address of the house, the initiator of the meeting and the form of the meeting. If you plan to use “Square”, indicate “in-person-absentee” - this means that people will be able to vote both on ballots and through the information system. It is also necessary to indicate the date, time and place of the meeting.

Questions for discussion can be written in a column; it is advisable to number them. There should be a separate paragraph for each issue - they cannot be combined. Be as specific as possible: at the meeting you will vote on each issue. Owners should have the opportunity to clearly answer them “for”, “against” or “abstain”.

It is prohibited to include the “other” item on the agenda; minutes of the meeting with such an agenda will not be accepted.

It is best to use language from laws and regulations that can be optimized for your home.

Determination of the chairman and secretary of the meeting.
Determination of the composition of the counting commission.
Determine how you will be notified of upcoming meetings.
Determining the method of notification of decisions taken at the meeting.
Using the information system for holding meetings and voting.
Determination of the administrator of the general meeting when voting through the information system.
The procedure for financing expenses associated with convening and organizing general meetings.
Date and procedure for holding annual general meetings of owners.

I will discuss these issues in more detail below.

The agenda may also include, for example, the following questions:

installation of fencing devices in the local area;
election of the council of an apartment building;
determination of the powers of the council and their duration;
electing the chairman of the council from among the council members and vesting him with powers;
making a decision on the formation of a capital repair fund, determining the amount of the monthly contribution - if it is necessary to exceed the contribution established by the fund of the regional capital repair operator;
making a decision on landscaping;
granting (to a certain person) the right to use common property (write here exactly what it is) for the purpose (what it is) with compensation in the form of (describe the form of compensation without indicating specific figures).

It is better if there are not too many questions - otherwise the meeting will drag on for eternity, the owners will get tired and confused, and it will only get worse. On complex issues, for example about changing the management company, when drawing up the agenda, whenever possible, consult with experienced specialists. It may happen that they will try to challenge your summons in court. If you miss the wording, you will achieve nothing.

What to do with the finished agenda. Firstly, it must be transferred to the state or municipal property management body. In Moscow, this is the GKU IS of your district - a representative of the property department of the city of Moscow. In other cities, similar organizations may have different names. You can find them in the same way as a local government body: type the name of your city + the words “municipal property” into Google.

In addition, everywhere except Moscow, the summons can be submitted to the compulsory medical insurance.

A notice with the agenda of the meeting can be brought to the state property body in person and submitted against signature in the office, or it can be sent by registered mail by regular mail. By email - not possible.

Officials may suggest that you adjust the agenda, for example, change the wording. Usually the proposed changes are not in favor of the owners. You have the right to refuse these changes, but be prepared for possible legal action.

It is not necessary to give a subpoena to the management company.

If you use an information system, such as Square, you are also required to publish the agenda there. An alternative is to publish it on any public website on the Internet and send the link to all owners. You can create a website with a simple address yourself, for example, using the Tilda website builder. It's simple and free.

The site can be used not only as a platform for an agenda. It may also be useful in the future: to inform neighbors about preparations for the next meetings, about the results of meetings, about raising money or about problems to which you want to draw attention.

If you don’t want to create a website yourself, you can make a home page through “Sobdoma-rf” - only residents of your home will receive a link to it. The system provides functionality for solving a variety of self-government tasks, for example, collecting contacts of building residents.

Collect money for a meeting and contacts of all apartment owners. Notify them of the meeting

When: It’s better to start 20 days in advance in order to notify everyone at least 10 days before the meeting.

By law, you are required to notify each and every owner of the meeting no later than 10 days before it. This can be done in two ways: personally with a signature, or by registered mail. The second method is faster, but more expensive, and not as effective: if you want to really change something, it’s better to meet and communicate with people.

You cannot notify with an advertisement in the entrance: you will not be able to prove that all the owners saw it. The only exception is if a decision on this method of notification was made at the last meeting.

Therefore, before the meeting, you or your assistants will have to personally visit all the apartments in the house. In addition to notification of the meeting, such a crawl has two more goals: to collect contacts and obtain consent to the processing of personal data. All goals can be closed in one visit, but sometimes people cannot be found at home for a long time, and others are suspicious - then you will have to come more than once.

I do not recommend collecting money for a meeting during the first round. By law, such expenses are borne by the initiator of the meeting or the entire initiative group. Usually this is a fairly significant amount - at least 50,000 RUR, taking into account the costs of registering owners, sending letters, printing documents, etc. You can offer to chip in to all residents, but, in my experience, usually no more than 50% of owners agree. Therefore, if you have calculated the amount, you should not divide it equally among everyone - you will remain in a strong minus.

You can collect money only against a receipt or with a mobile banking terminal for accepting cards - in this case you can immediately give out checks. Money does not mean any privileges or additional votes. Whether to chip in or not is a purely voluntary matter. I repeat, it is better not to suggest doing this during the first round of acquaintances: this is the easiest way to turn people against you.

Before visiting, be sure to print out two documents: consent to the processing of personal data and a register of personal delivery of messages.

Consent to the processing of personal data you need to be able to legally use property owners' phone numbers to notify you of upcoming meetings. It should contain the following wording:

“I, so-and-so, consent to the processing and provision to third parties of my personal data, including full name, date of birth, marital status, passport details, photograph, registered address of residence, address of actual place of residence, gender, contact phone numbers, address email, information about my social media accounts, information and documents about real estate in my property. This consent is valid for an indefinite period. I understand that I may withdraw my consent at any time by giving written notice."

You only need to sign this consent once. Print consent forms with a reserve, preferably at least 12-15 per 10 owners. Some forms may get lost, others will be accidentally damaged.

Instead of a separate form for each owner, you can make a general table with the appropriate title and names of the owners and invite people to indicate their phone number and sign directly in it. But not everyone will like the idea of their neighbors seeing their phone number.

Register of personal service of messages- this is a table with signatures with which the owners will confirm that they are aware of the meeting. There should also be plenty of rows in this table - 30-40 more than the number of owners living in the house.

I also advise you to make a badge with a photo, last name and an indication of the type of activity, for example, “organizer of the general meeting of owners in the house at the address.” This will build trust among neighbors.

With the badge and documents, you can begin personally notifying the owners about the meeting.

If there is a concierge at the entrance, contact him first: often they have already collected the contacts of the owners. In any case, you will have to go door-to-door to get signatures. But if you get a phone number in advance, you can call first, introduce yourself and agree on a convenient time.

If there is no concierge or he has no contacts, you will have to start from scratch. Start walking around apartments on weekdays from 18:00 to 22:00. This coming weekend, arrange a control pass: in case someone works late or only comes on Saturday and Sunday.

Be sure to mark yourself from whom you were unable to obtain signatures - you were not found at home or received a categorical refusal.

It is better not to involve strangers in the crawl, but it is very desirable to neighbors. In my experience, it is best to do the rounds in a man + woman pair. Women are trusted more, but a man is needed for security: people are different. In my practice, there was a man who came out to open the door in shorts and with a knife, and an elderly woman who unleashed a dog on us. I came to some only with a local police officer.

It happened that the conversation began with the words “why are you walking around here” and ended with the words “you have money, we will help as much as we can.” In general, if you correctly explain who you are and why you came, most people perceive it adequately, and some offer help.

In my experience, it's not very common for people to refuse to sign. But everyone is suspicious of consent to the processing of personal data. No one will sign it without a reason. Therefore, say everything at once, directly and clearly: “Hello! I'm your neighbor. I live in such and such an apartment. I initiated a general meeting, here is our initiative group, in which there is one person from each entrance. We are holding a meeting on such and such a topic. You don’t like the fact that your payment account is 1,500 rubles more? We will fix this."

Walking around apartments is also a good way to get to know your neighbors. Accept the help that is offered to you and encourage people to participate in the preparation of the meeting.

If no one answered the door, post a paper notice on the door. Write in it that you plan to organize a meeting, indicate the date and topic of the meeting, your phone number and a website where you can find out more about all this.

Such a piece of paper on the door helps to track whether a person lives in the house: if several days have passed and no one has taken the paper, it means that the owner is at least on vacation. There is no need to look for it. Just note that this owner will have to be notified of the meeting by mail.

Send mail notices and notify the city

When: 15-20 days in order to notify everyone at least 10 days before the meeting.

To all owners of apartments and rooms who could not be found, as well as to owners of non-residential premises, send registered letters to addresses in the building addressed to the owners from the register. Each owner must be sent a separate notice. You cannot notify by regular letter. In this case, you do not need a notification of delivery - it is enough that the letter was sent.

Sending one registered letter on average costs about 50 R plus an envelope - another 8-12 R. To save on envelopes, I send a regular postcard with the desired text. So it is possible.

The notice must contain information about the meeting: the form of its holding, date, place, time, agenda, how and until what date you can vote. You also need to provide information about the initiator: full name, property address, details of the title document.

It’s better not to improvise with the text; write according to the template:

“Dear owner, we inform you that on such and such a date of such and such a month, on the initiative of Ivan Ivanovich Ivanov, we will hold a face-to-face discussion of the issues put to vote. Start date of the meeting, place and time, end date of voting. Questions on the agenda. You can view the agenda on the website. You can vote this way until such and such a date.”

Notifying all owners about the first general meeting is difficult, tedious and time-consuming. But if you do everything right, it will be easier further. During the first door-to-door visit to my building, I managed to collect contacts of only 30% of the owners. Quite a lot of people came to the first meeting, and I also exchanged contacts with them. To this day, three years after the first meeting, after which we held many more meetings, I have 96% of the homeowners in my building in touch.

At the first meeting, we discussed the notification method, and everyone chose what was convenient for them. Now I just send three letters, and notify everyone else by phone or WhatsApp. All this takes three days. Read below to learn how to choose a notification method at a meeting.

You need to notify people about the meeting by all available means. Hang posters in the entrance halls and announcements in elevators, drop leaflets with a link to your website or quar code into mailboxes. It will be convenient if the person who followed the link can easily leave their contact information. But in no case should this be a regular form, for example, from Google - only a special one for storing personal data will do. For example, there is one in the “Sobdoma-rf” system.

I send both SMS and WhatsApp messages to the residents of our house, and if I haven’t received an answer, I also call. I also print out and paste the ad on the entrance, and if someone tears it down, I print it out and paste it again.

Information about the meeting should be heard from each iron. Making sure everyone knows about the meeting is not an empty formality: it depends on these people whether you will be able to solve the problem. This is also a way to be on the safe side so that no one can say that you didn’t notify anyone.

We notify the city. Almost all houses have municipal property - apartments and non-residential premises that belong to the city. For such, in the Reference Information on real estate objects online, in the line “Form of ownership” it is indicated “state”.

The notice to the city must be brought in person or sent via Internet reception notification to the same state property authority where you gave the subpoena.

Just in case, I advise you to always notify the city. The only exception is cooperative houses, in which all property belongs to shareholders - private individuals.

Calculate the number of votes for each owner

The owners of all residential premises and those non-residential premises that are owned have the right to vote at the meeting. For example, if there is a store in the basement that is registered as a property, its owner has the right to vote.

Calculate the total area of premises in the house.
Calculate the votes of joint owners and owners who solely own apartments or non-residential premises.
Calculate the votes of shareholders.
Calculate the votes of room owners in communal apartments.

Joint property is usually an apartment purchased by spouses during marriage or privatized by people who lived together. Decisions regarding such property are made jointly. Shared ownership is when the owners own different or equal shares in the apartment. There is a separate formula for communal apartments, because each owner in it has the right not only to his own room, but also to part of the common property, and the size of this part depends on the size of his room.

Below I will provide all the necessary formulas. To make it easier, I will explain the calculations using an example.

Let's take a conventional house, which consists of three apartments and two non-residential premises - an attic and a semi-basement - and calculate the votes of the owners in it.

The area of apartment No. 1 is 100 m². It is in shared ownership and belongs to two owners.

The area of apartment No. 2 is 100 m². She is communal. It has three rooms with different owners, with an area of 30, 20 and 10 m².

The area of apartment No. 3 is also 100 m². It is jointly owned by four owners, members of the same family. This means that the owners own the apartment without allocating shares, which means they cannot individually dispose of it, for example, sell or rent it out, without the written consent of the other owners.

Attic area - 100 m². It is not registered as anyone's property.

The area of the semi-basement is 200 m². The entire semi-basement is occupied by a store with one owner.

We calculate the total area of premises whose owners can vote. To do this, we add up only the area of residential premises and non-residential premises that are registered as property. In our example, such premises do not include the attic - therefore we exclude it from the calculations. Be careful: we do not increase the area of rooms in communal apartments, so as not to “grow” the house on paper.

Area of apartment No. 1 + area of apartment No. 2 + area of apartment No. 3 + area of the semi-basement = 100 + 100 + 100 + 200 = 500 m².

The number you get is 100%, or the large denominator. We will use it in all further calculations.

(Object area) / (Total area) × 100%

200 / 500 × 100% = 40% - for the store

100 / 500 × 100% = 20% - for apartment No. 3

Joint owners have one resolution ballot for all, but the number of signatures on it must correspond to the number of owners, or a power of attorney must be attached. Legal entities must have a power of attorney or an appointment order to vote - they are required when voting.

The number of votes a city has is calculated in the same way. The city always has one owner. The area of all city premises is summed up.

We count the votes of shared owners. In our example, this is apartment No. 1 with an area of 100 m², which belongs to two owners - Ivan and Sergey. These owners' shares are listed on their certificate of title, always in the format ⅓, ¾, and so on. For example, the owner Ivan owns ¾ of the apartment, and the owner Sergei owns ¼ of the apartment.

The formula for shared ownership is as follows:

(Apartment area) / (Number of shares in the apartment) × (Owner’s share) / (Total area) × 100%

We count the votes of the owners of rooms in communal apartments. In our conditional house, these are rooms in communal apartment No. 2. The owners of rooms in communal apartments have the right not only to their room, but also to the common communal property within the apartment. This is the same shared ownership, but the shares may not be indicated in the title documents - you will have to calculate them yourself.

The formula is:

((Room area) / (Area of all rooms in the apartment that are registered as property) × (Area of the remaining rooms in the apartment) + (Room area)) / (Total area of the house) × 100%

The area of the apartment in our example is 100 m². It has three rooms with different owners, with an area of 30, 20 and 10 m². It turns out that the area of all rooms registered as property = 60 m², and the area of the remaining premises = 40 m².

We counted the votes of all home owners. Unfortunately, in reality everything is much more complicated. There will be no round numbers. Therefore, do not worry if the final percentages do not add up to exactly 100% - an error of 1-2% is not regulated in any way and is not critical.

There are situations even more difficult. The most popular problem is a communal apartment in which only one room is listed in the cadastral register. For such people, you have to act blindly: assume, based on other apartments in the house, how many rooms this apartment might have and what size they might be.

Enter everything you count into the register of owners.

Ideally, the management company is required to count the number of votes of each owner in the house. These calculations should be in the register that you will receive in your management company before the meeting. Unfortunately, this register is almost never true - so be prepared to have to recalculate everything manually.

Prepare for face-to-face discussion of issues and prepare voting ballots

When: 2-5 days before the meeting.

Before the meeting, estimate approximately how many people will vote on ballots and print out ballots with a margin. Their number is unlimited: you can even post them on the Internet for printing and signing yourself. Your main task is to ensure that every owner or his representative has a ballot.

Each page of the bulletin must contain all the information about the owner: full name, number and area of the premises, details of title documents. If this is a legal entity that owns, for example, a store in the basement, enter in the ballot: name, INN, OGRN, premises number, details of title documents and details of the document confirming the authority of the voter. If a person votes not in person, but by proxy, then this must be indicated on the ballot, and a copy of the proxy must be attached to the decision.

Also, the ballot must contain decisions on each and every issue on the agenda: “for”, “against” or “abstain”. You cannot vote on issues that are not on the agenda. There is no need to put them on the ballot.

Separately, ask people to include their contact information in their newsletters. Explain that they may receive a call from the district administration or housing inspection to check.

In addition, I advise you to write down the number of votes for each owner on the ballots - this will greatly facilitate the work of the counting commission. Sometimes it’s easier to do this after collecting paper forms, entering the calculated percentages from the register table.

Use for absentee voting: the “Square” system, the GIS housing and communal services system, the “Electronic House” system (only for Moscow), another IS ____________ (you can select several options).
Select owners , , as administrator of the information system. Selected persons, on behalf of the owners of premises in the apartment building, are authorized to use the selected information system when holding a general meeting of owners of premises in the apartment building in the form of absentee voting.

An information system administrator is a person who will enter information about voters into the system and ensure that voting results are published in official reporting systems, including GIS Housing and Communal Services. He may not be present at the meeting itself; he is also not obligated to be the owner of one of the apartments. It’s even good when independent people act as arbitrators in the role of administrator, as well as members of the counting commission.

Selecting a notification method. To avoid conducting door-to-door visits in the future, include the following text with the ability to select several options:

Choosing a method of notification of the general meeting and a method of notification of the results of the OSS MKD.

Determine by notification method:

SMS by mobile number tel. +7 (____) ____-___-___;
by email __________ ;
by paper notice in the mailbox.

The notification method must be logged - that is, it must include a delivery report. Any messenger that has a record of who was the recipient of the corresponding message is suitable.

Be sure to determine the method of notification of the results of meetings, otherwise after the meeting you will be required to deliver such notice personally or send by certified mail, as well as create a register of notices.

Funding of meetings. To hold subsequent meetings at the expense of the management company, write in the newsletter:

The procedure for financing expenses associated with convening and organizing general meetings (clause 3.5, part 2, article 44 of the RF Housing Code).

Include the costs of holding meetings in the plan of financial and economic activities of the management organization for the MKD.

Hold a meeting

According to the law, it is not necessary to hold an in-person meeting: owners still vote on paper or through an information system. But I recommend not to neglect the meeting. This is a good opportunity to personally discuss issues and convey to those gathered how important it is to take control of the house into your own hands.

The main danger of an in-person meeting is that provocateurs may come to it. Usually these are not owners; their only task is to cause a scandal. In one house where I held a meeting, there was a woman who distributed letters to everyone in the house: they say that our meeting is a diversion of the Criminal Code in order to take even more money from everyone. It turned out that this woman was not the owner. We had to once again explain in detail to everyone exactly what we offer and why.

After this incident, we began to register everyone who came to the meeting - we ask at the entrance for the name and apartment number and ask to present a document. True, it is difficult to introduce such restrictions in the yard. It is also convenient to use the “Square” system to register participants. Outsiders are not officially prohibited from attending meetings of owners, but this is at the discretion of the organizer.

The meeting is usually opened by the person who initiated it. He proposes to choose a chairman, secretary and counting commission. On these issues, the owners vote by show of hands, and objections are recorded in the minutes of the face-to-face discussion.

There are no restrictions or requirements for the chairman, secretary and members of the counting commission. One person can perform all three functions at once.

In the counting commission There can be as many people as you like - take everyone who wants there. These do not have to be the owners, but it is desirable that at least one person from the initiative group be included in the commission. If no one wants to, you will have to count yourself. If those you don’t trust want, you can’t refuse, but you can join the counting commission and count everything after the others.

Chairman must be a cool-headed and loud-voiced person. I advise you to stock up on a microphone, a speaker, enough paper and pens, as well as throat remedies and sedatives.

Secretary keeps minutes. It would be good if he could also take care of photo and video shooting. This will help curb provocateurs and will be an argument in court if someone tries to challenge the results of your meeting.

You can choose a chairman, secretary and counting commission for one meeting, or for a long period of time - for example, a year. If you have chosen for a long time, you may not include these issues on the agenda in the future. But if any of them cannot attend one of the meetings, they will need to be re-selected.

If it was not possible to select a chairman or other positions, all their functions can be assumed by the initiator of the meeting. He will also sign the protocol.

Only items on the agenda can be discussed at the meeting. The meeting can last as long as you like - even an hour, even a week. If we haven’t reached an agreement in a day, we meet again.

At the end of the meeting, give each owner a ballot, explain how to fill it out and return it to you, and ask them to sign that they received the ballot. Instead of the owner, his representative, who can be anyone, can vote - a power of attorney in an approximate form is sufficient.

Secondly, they do not provide for voting mixed with paper media, and this complicates the process for those who do not use a computer.

The protocol is drawn up in four identical copies having equal legal force. One copy of the minutes, as well as the originals of ballots and all documents that were used during the meeting, according to the law, must be submitted to the Criminal Code. In turn, she is obliged to transfer it to the Housing Inspectorate within three days after this.

Among the documents that must be attached to the protocol:

Register of premises owners.
Notice of the meeting.
Register of delivery of notices of the meeting to owners - when you decide on another method of notification, it will not be needed.
List of owners of apartment building premises who attended the meeting, as well as a list of invited persons.
Powers of attorney or copies thereof, if their representatives voted for one of the owners.
Documents that were discussed on the agenda and about which decisions were made.
Ballot papers.

To make sure that the documents will reach the housing estate from the management company, you can try to do this: come with the protocol to the management company, put a stamp on the transfer of documents and leave a copy of the protocol there, and personally take the original to the inspectorate. But recently there was a case when the residents of the house that I supervise were refused to receive a protocol from the housing department. I had to hand it over to the management company.

One copy of the protocol must be stored in a safe place, which is determined by the owners during the vote. Usually this is the apartment of the chairman or secretary.

To notify the owners of the results of the meeting, post the final minutes on your website, as well as in the entrance in a visible place. But it is better not to publish copies of newsletters, because they contain telephone numbers. It is better to simply list in the protocol the list of apartments that voted, without mentioning who voted how.

After the meeting, I recommend marking the dates on the calendar on which the owners’ decisions must be implemented, and remind the management company about them. And don’t forget to keep your neighbors informed about how everything is going - this way you will gain more trust.

At the general meeting of owners, which is usually held when there is a homeowners’ association registered at the multi-storey building, key decisions on landscaping are officially made in direct accordance with the articles of the Housing Code of the Russian Federation currently in force, with all amendments. The meeting of HOA members on legal distribution can be regular or extraordinary. The difference between them lies, in particular, in the fact that the regular ones take place once a year. As a rule, the time of conduct falls on the second annual quarter for the management organization to provide reports on the fulfillment of the terms of the contract, as required by the eleventh part of Article 162 of the Housing Code.

An extraordinary public meeting of owners can be initiated by any of the owners of residential or non-residential premises in an apartment building. The number of such fees is unlimited, however, it is important to take into account that it is the initiator who is obliged to bear all the costs and worries of organizing and conducting it, including timely sending of official notifications to the date and place of the meeting.

Referring to Article 41.1 of the same Housing Code of the Russian Federation, decisions at openly held meetings of homeowners are made based on the results of in-person voting (in person), absentee voting (filling out written questionnaires) and in-person voting.

Quorum as a form of vote counting

The quorum of the HOA members itself is the number of such, approved by law and the clauses of the charter of the managing organization according to the current documents of the organization, which is extremely necessary in order for the ongoing public meeting of owners of residential premises to be actually recognized as having taken place. And also so that one or another stipulated decision is made legally and undeniably in accordance with the agenda announced in the notification. Article 45 of the Current Housing Code establishes that a meeting has a quorum if the assembled participants have fifty or more percent of the votes of the entire multi-storey building.

Dear readers!

Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right → It's fast and free!

Or call us by phone (24/7):

It should be taken into account that votes are not distributed equally among property owners, but in accordance with their share of the area in the house, including also the common property of the house. To calculate the share of votes one participant has, it is necessary to divide the area of his personal property (the value recorded in the title documents) by the sum of all documented non-residential and residential areas in a multi-story building. As a rule, this value is available in the technical data sheet, but sometimes it is outdated or inaccurate for one reason or another.

In order to find out the real area, it is necessary, again, to build on the current Russian legislation.

Preliminary work

For an in-person HOA meeting, it is important that there is a quorum, otherwise the event cannot be held. To determine the presence of a quorum, you need a so-called appearance list of HOA members. In other words, each participating participant must have a personal passport and documents confirming ownership of real estate in this house. Information from these documents and the passport is entered into the appearance sheet, which must ultimately be signed by the participant himself.

Before the start of the meeting, responsible persons count the number of shares of ownership and determine the presence of a quorum.

Explanations and examples

All conditions and requirements for holding meetings of homeowners in multi-storey buildings can be found in separate articles of the Housing Code of the Russian Federation in force, as amended. So, for example, the first part of Article 48 says that only the owners of the premises in a given building have the right to actually vote on the voiced issues of the fixed agenda. That is, if we are talking about a residential apartment, only the opinion of its legal owner is taken into account, and the citizens living with him, even if they are registered, do not have the right to vote. Taking into account the above rules for calculating the share of the right of common ownership of joint property, if the apartment has an area of 68 square meters, while the entire house is 6035 square meters, the share of the owner’s common property will be 68/6035 = 0.011.

The third part of the same article of the RF Housing Code regulates that the sum of the owner’s votes is proportional to the existing legal share in the rights to the existing common property, that is, if we take the example above, 0.011 * 100 = 1.1 is the number of votes of this owner.

It is part three of Article 45 of the Housing Code that establishes that a quorum occurs when the number of votes present is more than fifty percent. In this case, instead of the owner, his representative may be present under a notarized power of attorney. If there is a real need for the presence of a representative, it is important to pay attention to the type of power of attorney issued, the specific limited list of powers and the validity period, which makes sense to limit to one day - the date of the meeting.

Voices of homeowners

The amount of votes of HOA members at an openly held meeting in percentage terms is determined by mathematically multiplying the total area in the private, privatized property of those present by the value of 100 and dividing by the known exact area of all premises available in an apartment (high-rise) building, including mandatory non-residential ones, in the possession legal entities and in the presence of individuals. The total useful area known from government data is indicated in the current technical documentation or it can be clarified in Rosreestr.

If we take as an example the total area of the entire house is 6035 square meters, as given above, and the meeting participants, who own a total of 3248 square meters, it turns out:

3248*100/6035=53.81, which means that there is a quorum, the meeting can be held and decisions can be made by voting.

However, it is also necessary to take into account what type of ownership the voting participant has. In this case, all actions, dates and numbers must be included in the minutes of the meeting, which must be signed by the participants. The protocol form is standard; no specific requirements are established.

The absence of quorum is determined in the same way if the value is less than fifty. In this case, you will have to schedule the collection for another date and re-notify the property owners about it.

Shared ownership and co-ownership

In accordance with Articles 245-252 of the Civil Code of the Russian Federation, currently in force with amendments, common private, privatized property can be shared or, referring to Articles 253-259 of the same code, joint. As a rule, no difficulties arise with shared ownership, since the share is specifically allocated, as evidenced by the relevant documents. To determine the percentage of votes here, you need to multiply the area of your share by 100 and divide by the total area of the house, just as is done in ordinary cases. When calculating the quorum at a meeting, only those numbers and citizens that are recorded in the documents are taken into account.

The first and second parts of Article 253 of the Civil Code of the Russian Federation establish that the owners of premises in joint ownership use real estate and dispose of it on an equal basis, since the shares are not allocated. Thus, any co-owner can be present at the meeting, and the percentage of votes will be determined per apartment, and not on individual co-owners, no matter how many housing units are registered.

Making decisions

The first part of Article 46 of the Housing Code of the Russian Federation provides for certain requirements, according to which all decisions are made by partnerships by voting. The decision for which the majority of votes are voted is made, and not the number of HOA members.

In addition, one should take into account the second part of Article 44 of this code, which states that to make a decision you need not just a majority of votes, but at least two-thirds of the total number of possible, not present, votes. These could be decisions regarding:

As an example, for making decisions on advertising placement, the form of holding meetings is standard, the previously defined protocol for maintaining minutes is observed. For a resolution to be approved, 66% or more of all unit owners in the building must vote Yes, not 66% of those present at the meeting.