The general meeting of residents is the highest self-government body of an apartment building. But holding such an event usually involves a lot of hassle. In the article we will briefly highlight the basic procedures that should be taken by those who want to initiate this or that change in the life of their home.

Preparing to hold a meeting

Let us emphasize once again that the general meeting of premises owners is a body whose task is to resolve issues regarding (clause 1 of article 44 of the Housing Code of the Russian Federation):

· management of common property of an apartment building;

· disposal of the common property of an apartment building.

The general meeting of owners can be held in two formats.

Firstly, the event can be organized in person. In this case, the owners gather in a pre-designated place. This option is more productive for resolving certain issues, as it provides a significantly greater pluralism of opinions. However, practice shows that collecting the quorum necessary to make a decision is not an easy task.

Please note: a quorum is ensured only if at least half of the owners (or their representatives) are present at the meeting. This requirement is contained in paragraph 3 of Article 45 of the Housing Code.

Secondly, if a quorum still cannot be reached, then the meeting of owners of premises in an apartment building can be held in absentia. In this case, voting takes place by transmitting in writing the decisions of the owners on the issues put to vote (clause 1 of Article 47 of the Housing Code of the Russian Federation).

In order to hold a general meeting, it must have an initiator. For example, a person interested in carrying out major repairs in an apartment building and collecting the necessary funds for this. Or a person who considers it appropriate to change the management company (MC). Such a person may be (clause 1 of article 45 and clause 8 of article 148 of the Housing Code of the Russian Federation):

· any individual owner;

· ownership group;

· homeowners association (HOA).

Initiator:

· forms the agenda (for example, carrying out major repairs);

· determined by the form of voting;

· plans the place and time of the meeting;

· selects candidates for responsible persons (chairman, secretary);

· prepares the necessary documents (register of owners, voting ballots, protocol forms);

· generates a message about holding a general meeting of owners.

After this, the initiator should notify the owners about the meeting.

We notify the owners

The initiator notifies all owners of the apartment building premises. This is done through (clause 4 of article 45 of the RF Housing Code):

· posting information in publicly accessible places;

· Vreceipt of notifications against signature;

· sending notifications by registered mail.

Please note: the owners of the premises must be notified of the meeting no later than 10 days before it.

The text of the message must contain:

· agenda ;

· data of the initiator (initiators) of the general meeting;

· form, date, place and time of the meeting;

· procedure for familiarizing yourself with relevant materials and information.

If the general meeting is held in absentia, then the following must be additionally indicated (clause 5 of Article 45 of the RF Housing Code):

· end date for accepting decisions of owners;

· place and address where decisions of owners should be transferred;

· information about the administrator of the general meeting, his location, the date and time of the general meeting, the procedure for making decisions (when using information systems for absentee voting - clause 4 of article 47.1 of the Housing Code of the Russian Federation).

We are holding a meeting

First of all, you should register all participants in the general meeting and check whether there is a quorum. After this, the chairman, secretary and counting commission of the meeting are elected.

Please note: the general meeting of homeowners does not have the authority to make decisions on issues that were not previously included in the agenda, as well as to change the agenda and adjust it. All this is directly stated in paragraph 2 of Article 46 of the Housing Code.

With an absentee meeting, everything is simpler - so, the owners can, depending on the type of holding - classical or electronic:

· submit ballots by the deadline;

· indicate decisions on each item on the agenda in electronic form;

· submit the relevant decision to the administrator in writing.

Decisions on agenda items, in general, are made by a simple majority of votes from the total number of participants (Clause 1, Article 46 of the RF Housing Code).

But there are also exceptions. In particular, these include the following questions:

· reconstruction and construction;

· limits of use of a land plot related to the property of an apartment building;

· use of common property of owners by third parties.

Any decisions on these issues are made by a qualified majority of 2/3 of the total number of meeting participants.

The number of votes of the owner is determined by finding his proportional share in the right of ownership of common property - paragraph 3 of Article 48 of the Housing Code.

Based on the results of the voting (votings) and, in general, based on the results of the general meeting of owners of premises in an apartment building, a protocol must be drawn up (clause 1 of Article 46 of the Housing Code of the Russian Federation).

This document states:

· date and place of the general meeting;

· agenda ;

· presence of the required quorum of participants.

When a meeting is held in person, the minutes are signed by:

· chairman;

· secretary of the meeting;

· members of the counting commission.

· the initiator of the meeting;

· members of the counting commission.

If an information system was used, then the decisions are drawn up in the form of a protocol and posted within an hour after the vote - paragraph 11 of Article 47.1 of the Housing Code.

Please note: the decision of the general meeting can be appealed by the owner (owners), who believes that this decision has violated his rights and legitimate interests. Six months are allotted for this from the moment he learned or should have learned about the decision made. However, the court has the right to uphold this decision if a number of conditions are met (for example, the decision should not cause losses to the owner of the premises). This procedure is provided for in paragraph 6 of Article 46 of the Housing Code.

The voting results and decisions made by the general meeting must be brought to the attention of each individual owner of the premises. The responsibility for such notification falls entirely on the initiator of the event. Deadline – no later than 10 days from the date of adoption of the decision and voting.

As a rule, owners are notified in the following ways (clause 3 of article 46 of the Housing Code of the Russian Federation):

· placement of an information message in a special publicly accessible room of the house (the location of such a room is also determined at the general meeting of owners);

· through personal notification of the owners against signature;

· by sending registered letters to the owners.

The notification should draw the attention of the owners of residential premises to the fact that the decisions of the general meeting, adopted within its competence, are generally binding for execution by all owners of the premises, regardless of the fact of their participation in the specified event. This procedure is directly provided for by the provisions of paragraph 5 of Article 46 of the Housing Code.

Summary:

1. The general meeting of homeowners can be held in person and in absentia.
2. A quorum for a meeting is ensured only if at least half of the owners are present.
3. The initiator of the meeting notifies all owners of the premises of the apartment building.
4. The general meeting of homeowners does not have the authority to make decisions on issues that were not previously included in the agenda, as well as to change the agenda and adjust it.
5. Decisions on agenda items, in general, are made by a simple majority of votes from the total number of participants.
6. Decisions on the most important issues are made by a qualified majority of 2/3 of the total number of meeting participants.
7. The number of votes of the owner is determined by finding his proportional share in the ownership of common property.
8. Based on the results of the voting (votings) and, in general, on the results of the general meeting of owners of premises in an apartment building, a protocol must be drawn up.
9. The decision of the general meeting can be appealed by the owner (owners), who believes that this decision violated his rights and legitimate interests.
10. The voting results and decisions made by the general meeting must be brought to the attention of each individual owner of the premises.

Residents of () apartment buildings have the right to independently decide on the management of their home. True, they should be decided not on a bench in front of the entrance, but at a general meeting (GM), held according to certain rules. We will tell you further about the nuances of meetings in apartment buildings, including the agenda of the general meeting of owners of an apartment building. .

The procedure for holding a meeting of residents of an apartment building. Photo No. 1

For management purposes, meetings of owners must be organized in all apartment buildings. They are called upon to resolve all issues necessary to ensure normal life in the apartment complex. These may include issues of home repair, disposal of common property, use of land for apartment buildings, and choosing an appropriate method for managing apartment buildings.

In order for all decisions made by the residents of the house to be valid, the meeting must be held in accordance with the procedure established by the Housing Code (LC RF).

Notice of meeting

There is no specific date for holding a meeting in the Housing Code of the Russian Federation. Residents are required to conduct it annually in the second quarter of the year following the reporting year. Owners can decide when to hold their annual meetings. If necessary, additional (extraordinary) meetings can be convened.

In any case, they must be announced in advance. The message about the upcoming meeting must be communicated to all owners of apartments in the apartment building at least ten days before its date.

There are several ways to do this:

1. Personal delivery to the owners against signature.
2. By sending registered letters.
3. Placed for public viewing in the house itself.

Owners may also provide for a different notification procedure. In addition, notifications must include certain information. Any resident of an apartment building should learn from it:

• who initiated the gathering of residents;
• what issues will be discussed there;
• when it will be held;
• in what form;
• where and how you can get acquainted with all materials for the meeting.

Drawing up a meeting agenda

How to organize a meeting of residents of an apartment building? Photo No. 2

Since the notice should already set out the agenda for the upcoming meeting, it is drawn up in advance. Its development can be carried out by the initiators of the meeting or other active owners (house council).

At annual meetings, as a rule, the results of the past period, cost estimates for the future, and necessary repair work are discussed. At extraordinary meetings, urgent problems are usually resolved, for example, changing the management company or concluding agreements for placing advertising on the house.

In general, the following points should be taken into account when drawing up agendas:

• all questions are prepared in advance;
• they must be clear, clear, unambiguous;
• It is not allowed to combine several issues into one agenda item;
• there should be no items called “miscellaneous”;
• issues should not go beyond the competence of the meeting;
• The first thing to be discussed at a meeting is always the choice of him and the secretary.

Determining quorum

In order for the appointed meeting to be recognized as valid, the presence of persons who own more than fifty percent of the total number of votes is necessary. If the number is less than or equal to the specified number, the meeting will not take place and will have to be convened again.

It should be understood that votes are not counted literally, according to the number of people who came. Each owner in an apartment building has a number of votes proportional to his share in the total property of the apartment building. And it is calculated based on the living space belonging to him. Therefore, the larger the apartment, the more votes.

In what form can a meeting of apartment building residents be held? Photo No. 3

It is sometimes difficult for all apartment owners to gather in an apartment building. Therefore, according to the Housing Code of the Russian Federation, meetings can be held not only in person, i.e. with the personal presence of each resident. They take place in correspondence, as well as in mixed (internal-correspondence) forms. Let's take a closer look at each of them.

Full-time

With the full-time form everything is clear. The owners of apartment buildings get together and express their opinions on the issues presented on the agenda. Of course, not everyone can show up. However, this does not prevent voting from taking place if there is a sufficient number of votes for a quorum. All those present must vote, the results are recorded by the secretary in the minutes.

Extramural

With this form, personal presence at home is not required. It is usually used when there was no quorum at a face-to-face meeting. Then messages with voting questions are sent to all persons who own apartments in the apartment buildings. They also indicate by what date and time this decision must be made and transferred to an authorized person or to a certain place.

In addition, by decision of the residents themselves, the meeting can be held using special electronic systems. In such cases, decisions are made online.

Part-time form

Since 2015, it has become possible to hold meetings in a mixed form. This made it possible to combine the advantages of these two forms, as well as increase the chances of achieving a quorum. How does such a meeting take place?

Owners can discuss the issues on the agenda by meeting together. And the actual decision-making on them is carried out in absentia. Other options may be provided. The main thing is that it be a single meeting. Consequently, the votes of the participants in both parts of the meeting will be summed up, and as a result a single protocol will be drawn up.

Making decisions at meetings

How are decisions made at a meeting of apartment building residents? Photo No. 4

In order for decisions made by residents to be valid, it is important that all procedures are followed. It is necessary to notify everyone about the upcoming meeting, collect the required number of votes, and correctly document the results achieved. A separate vote is held for each agenda item.

In most cases, a majority vote is sufficient to approve a decision. But for some questions this is not enough. Thus, when making decisions on the method of forming a capital repair fund, more than fifty percent of the total number of votes is needed. A number of decisions can be made with only a two-thirds vote.

These include solutions:

1. About the reconstruction of a house, major repairs of common property, construction of various outbuildings.
2. On concluding loan (credit) agreements for the needs of major repairs.
3. On the use of land under the house, common property.

Based on the results of the voting, a protocol and the decision itself must be drawn up. These documents are official and binding. Information about voting and decisions made must be communicated to all residents by posting it on an information stand or other specially designated place in the house. Copies of these documents must be provided to the management company or HOA, housing cooperative no later than ten days after the meeting.

Requirements for meeting minutes

At any meeting, a secretary must be elected to keep its minutes. The protocol is a mandatory document and must meet certain requirements. They were introduced by Order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 937/pr.

It should include the following information:

• Name;
• number;
• date, venue;
• title and content;
• storage address for minutes and decisions of meetings;
• applications;
• signatures.

The text of the document should consist of an introductory and main part. The first reflects information about the owners present, as well as persons invited for any clarification. For each resident of an apartment building, not only his full name and passport details are indicated, but also information about the apartment he owns, its area, documents on the rights to it, and the number of votes available. The other part reflects the agenda and decisions taken on each of its items.

The following documents must be attached to each protocol:

• list (register) of all owners in the house;
• notice of the meeting;
• documents on the delivery of notifications about the OS (except for cases where they are posted for public viewing in the house);
• list of owners who appeared at the OS;
• powers of attorney (other documents), with participation of representatives in the OS;
• documents on which decisions were made at the OS;
• decisions of owners during in-person (in-person and absentee) voting;
• other documents (materials) that the meeting deems necessary to attach.

Is it possible to challenge the decision of the general meeting of apartment building residents? Photo No. 5

Decisions adopted at the general meeting can be appealed. This can be done by one of the owners who have an apartment in the building. You can go to court with a request to cancel the decision if the following conditions are met:

1. It was adopted in violation of the provisions of the RF Housing Code.
2. The complainant did not participate in the meeting or voted against it.
3. This decision violates his interests (rights).

According to the meaning of the law, for a possible cancellation of a decision, all the specified points must be present. A dissatisfied owner can express his demands through the court. The deadline for filing it is six months from the moment the applicant became aware of the decision.

However, not any violations can lead to the cancellation of this decision. If they are insignificant, did not bring losses to the owner, and his vote did not matter when making the decision, then the decision can be left in force.

The procedure for submitting the protocol to the State Housing Inspectorate

Previously decisions made at the OS, as well as protocols drawn up during the process, had to be sent only to the management company, HOA, housing cooperative. With the entry into force of Order of the Ministry of Construction of the Russian Federation No. 937/pr, a new requirement appeared.

Copies of these documents must now be transferred (sent) to the regional bodies of the State Housing Supervision Authority (GZHI). The transmission scheme is set as follows. First, ten days after the meeting, these documents are transferred to the management company, HOA or housing cooperative. And these organizations must submit them to the State Housing Inspectorate within five days from the date of receipt. In the State Housing Inspectorate, these decisions and protocols are stored for three years.

Today, persons who own housing in apartment buildings are endowed with a sufficient number of rights to manage their homes. However, not everyone is still active on this issue. And many do not know how to properly convene a meeting, how to conduct it, and where decisions should then be directed. At the same time, the validity of decisions made on the OS depends on compliance with the correct procedure.

You can find out how to hold an absentee meeting of tenants-owners of an apartment building by watching the video:

Write a question to a housing lawyer in the form below see also Phone numbers for consultation

12 Dec 2017 45

The new Housing Code that came into force marked the beginning of a completely new approach to solving issues in the housing sector. This was the subject of the previous article.

Particular attention was paid to the fact that citizens realize the need for their own initiative in arranging life in their home so that it is as comfortable as possible, and they themselves will begin to take part in managing the common property of the house. In other words, the authorities rely, first of all, on the activity of the residents themselves in realizing the rights and responsibilities granted to them by law.

The topic of this article is to help owners prepare and conduct general meetings without errors. And first of all, recommend certain practical steps for choosing one of the methods of managing property at home.

What kind of meeting is this?! (Definition of meeting).

The general meeting of owners of premises in an apartment building is the management body of the apartment building (Article 44 of the Housing Code of the Russian Federation).

So what is a general meeting? Who are the premises owners? How is it carried out? Who should do this?

Of course, a skeptic will say that the meeting is a complete punishment, torture, hard labor and the like. Well, what else can you call being in a stuffy room or on a cold courtyard for an indefinite time frame, in the company of people shackled by one goal, but at the same time each defending their own ideas, using all sorts of methods and methods of persuasion.

But in this matter, pessimism and passivity are not our allies.

A general meeting is an organized, pre-planned event, the purpose of which is to resolve certain issues.

No one other than the owners can decide on the management of their property. Therefore, only the general meeting, as the only governing body of the house, can and is obliged to resolve issues of management, use and disposal of the common property of the house.

Owners are residents of apartments that were privatized, bought, inherited, etc. your apartment. Also, the participants in the general meeting are the owners of non-residential premises. For example, if there is a store in your house, then the owner of this store, on an equal basis with other residents of the house, must participate in the “life activities” of the house. The municipality can also be the owner of residential and non-residential premises. If you have a social tenancy agreement or a lease agreement for premises, then the owner of this premises is the city administration.

One premises may have several owners. It depends on the type of property: common joint property or common shared property. In case of common joint ownership, one person (husband or wife) acts on behalf of the owner, who acts in common interests and jointly resolves all issues. With common shared ownership, each owner, according to certain shares (shares are indicated in the document of ownership), acts on his own behalf and resolves issues himself. An exception is if the owner is a minor or incompetent. A legal representative (parent, guardian, trustee) acts on his behalf, presenting documents confirming his authority (child’s birth certificate or Resolution of the Head of Administration on the appointment of a guardian or trustee).

The question of how to manage the house is decided at a general meeting of owners by a majority vote. The first meeting should be devoted to the choice of management method.

It should be remembered that this choice is not a right, but an obligation of the owners. The choice must be made from three options:

All “household” problems can be solved by the management company (MC),

Homeowners' Association (HOA)

And directly by all owners.

Why are we going? (Goals of the meeting).

The competence of the general meeting includes (Article 44 of the RF Housing Code):

Making decisions on the reconstruction of an apartment building (including its expansion or addition), construction of outbuildings and other buildings, structures, structures, repair of common property in an apartment building;

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;

Making decisions on the transfer of common property for use in an apartment building;

Choosing a method of managing an apartment building (direct management of the owners of premises in an apartment building; management of a homeowners’ association or a housing cooperative or other specialized consumer cooperative; management of the management organization (Article 161 of the Housing Code of the Russian Federation);

Creation and liquidation of a homeowners' association;

Approval of the amount of payment for the maintenance and repair of residential premises in an apartment building;

Other issues referred by the Housing Code of the Russian Federation to the competence of the general meeting of owners of premises in an apartment building (Articles 44, 135, 141, 156 of the Housing Code of the Russian Federation).

That is, the owners, uniting, resolve issues regarding the joint management of the common property of the house (including a land plot, a residential building and other real estate).

The decision of the general meeting of owners of premises in an apartment building, adopted in the manner established by the Housing Code of the Russian Federation, is mandatory for all owners of premises (Article 46 of the Housing Code of the Russian Federation).

So, depending on the pressing problems, the main goals of the meeting and ways to solve them are determined. At the first meeting, the main issue is the choice of how to manage an apartment building.

The goals or main issues of the general meeting are formalized in the agenda of the meeting.

Sample agenda for a general meeting of house owners

Application to the minutes of the general meeting residential building owners No. dated "___" _______ 2005 AGENDA General meeting located at: at ____ hour _____ min. "____" _____________ 2005 1. Election of the chairman of the general meeting (when holding the first general meeting, its chairman is the owner, on whose initiative the general meeting is convened). There is no need to elect a chairman when voting by absentee voting. 2. Election of the secretary of the general meeting and the counting group (the size of the counting group directly depends on the number of owners who came to the general meeting). 3. Choosing a method of managing an apartment building located at: __________________________________________________________________________. 4. Selection of a Management Company (for the management method - management organization). 5. Creation of a homeowners’ association or a housing cooperative or other specialized consumer cooperative (for the management method - HOA, housing cooperative, residential complex). 6. Making a decision on concluding an agreement or agreements for the provision of services and performance of work on the maintenance, repair of the common property of a residential building, and the provision of utilities (for all management methods). 7. Coordination of the terms of the management agreement for an apartment building (for the management method - Management organization). 8. Approval of the Charter of the homeowners’ association or housing cooperative or other specialized consumer cooperative (for the method of management of HOAs, housing cooperatives, residential complexes). 9. Election of management and control bodies of a homeowners’ association or housing cooperative or other specialized consumer cooperative (for the method of managing HOAs, housing cooperatives, residential complexes). 10. Establishing the amount of payment for the maintenance and repair of housing, ensuring the maintenance of common property in an apartment building in accordance with the requirements of current legislation (for any method of management). 11. Determination of the procedure for paying fees for the maintenance and repair of housing (for any method of management). 12. Making a decision on paying the costs of major repairs of an apartment building, taking into account the proposals of the management organization on the timing of the start of major repairs, the required amount of work, the cost of materials, the procedure for financing and other proposals related to the major repairs (for any management method). 13. Empowering one of the owners to represent the interests of the owners of an apartment building in relations with third parties (for direct management). 14. Determination of the place (address) for storing minutes of general meetings and decisions of owners on issues put to vote (for any method of management). 15. Determination of the date and form of holding the next general meeting of owners in an apartment building (for any method of management). 16. Making a decision on the reconstruction of an apartment building (including its expansion or superstructure), construction of outbuildings and other buildings, structures, structures, repair of common property in an apartment building (for any method of management). 17. Making a decision on the limits of use of the land plot on which the apartment building is located, including the introduction of restrictions on its use (for any method of management). 18. Making a decision on the transfer for use of common property in an apartment building (for any method of management). 19. Determination of the owner who must have technical documents for a residential building (for the direct method of management). 20. Determining the place for posting information about decisions made at the general meeting (for any method of management). 21. Determination of the method of notification of subsequent general meetings (for any management method). Owner (initiator of the meeting): ____________________

How are we going? (Meeting forms).

A general meeting of owners of premises in an apartment building can be held:

1) in person, that is, with the joint presence of the owners of the premises in a specific place and at a specific time to discuss issues put to vote;

An in-person meeting is acceptable if the house is small (one entrance or has no more than five floors). To hold the meeting, it is better to choose a day that is convenient for everyone, for example, Saturday. The location of the meeting depends on how much the common area can accommodate all meeting participants. If there is no such place in the house, and you don’t want to freeze in the courtyard of the house, you can talk with the management of the local housing department and gather in the “red corner” of this housing department.

In any case, all issues regarding the place and time of the meeting should be worked out in advance. In addition, you can first find out the residents’ opinions on the issues of the upcoming meeting. All this will make the meeting more fruitful and not drawn out over time.

Holding a general meeting of residents in a building with hundreds of apartments is not easy. Therefore, here you can use the absentee voting form. First of all, it is necessary to decide where, when and how voting on meeting issues will take place. Most likely, the initiator of the meeting will determine his apartment as the place for collecting ballots. Within the specified period, each owner of the premises will bring a completed ballot to the specified address. Either he will go around the residents of the house himself, or he will install a box for collecting ballots near each entrance. It all depends on the desire and ability of the initiator of the meeting. Also, preliminary work is necessary to notify the owners about the upcoming absentee voting, explain the issues of the meeting and prepare the necessary papers.

Application to the minutes of the general meeting residential building owners No. dated ____________ 2005 Bulletin owners of an apartment building, Full name Registration number and date Received in person _______ _____________ "___" ______________ G. signature full name date BREAKING LINE Bulletin owners of an apartment building, located at the address: _________ street No. ____ Apt. No. _____ (without an agenda of the general meeting is invalid) Owner: _____________________________________________________________________ Full name Information about the document confirming ownership _________________________________________________________________________________ Registration number and date Send the newsletter by _____________ to the address ____________________________________ Write your decision with the words “for”, “against” or “abstain” for each item on the agenda of the general meeting (For example) 1. Election of the secretary of the general meeting and counting group Sidorov – Vasiliev – 2. Choosing a method of managing an apartment building Management Company - Direct control - Owner _______ _____________ "___" ______________ signature full name date

On whose initiative is the general meeting convened? (Initiator of the meeting).

A general meeting of premises owners may be convened at the initiative of individuals or legal entities who are the owners of premises in a given apartment building.

The initiators of the general meeting of owners may be:

a) primary - the owner or several owners of premises in a given house (Part 1, Article 45 of the Housing Code of the Russian Federation);

b) the next meeting - persons from among the owners responsible for holding the meeting (elected at the first meeting of owners - (Part 1 of Article 45 of the Housing Code of the Russian Federation), the board of the HOA (if it was created);

c) extraordinary - on the initiative of any of the owners of this apartment building (Part 2 of Article 45 of the Housing Code of the Russian Federation), the board of the HOA (if it has been created), or members of the HOA.

How to hold a meeting? (Preparation of the meeting).

For a successful general meeting, it is desirable that there is an initiative group of premises owners in the house. Previously it was said that the initiative group develops the documentation necessary for holding a general meeting, forms an agenda, selects the premises in which the general meeting is supposed to be held, places information and documentation, and also determines the date and location of the general meeting. The city administration can provide the necessary assistance in this work.

The initiative group is also working on other issues related to holding the general meeting:

Identification of all owners in a given apartment building,

Preliminary survey of residents' opinions on the way the house is managed,

As well as collecting information about organizations specializing in the management of apartment buildings,

Determination of the share of each owner in the common property of an apartment building,

Identification of candidates for the chairman of the general meeting, secretary, counting commission and others.

The general meeting of homeowners is chaired by the chairman of the meeting. For the first meeting, and also if the agenda includes the issue of choosing a way to manage the house, another rule is established - the meeting is led by its initiator.

See a sample register of owners of the premises of the house

Who and how should inform residents about the meeting? (Notice to residents).

Article 45 of the RF Housing Code regulates the procedure for holding meetings. Its initiators are required to send each owner a notice indicating not only the issues discussed, but also the last name, first name, and patronymic of the person convening the meeting. The General Meeting does not have the right to make decisions on issues not included in the agenda, nor does it have the right to change the agenda. Otherwise, the decision of the general meeting can be challenged in court (Parts 2, 6, Article 46, Part 2, Article 146 of the Housing Code of the Russian Federation).

According to Part 4 of Art. 45 of the Housing Code of the Russian Federation, the initiators of convening a general meeting are obliged to inform the owners of the premises in a given building about the holding of such a meeting no later than 10 days before the date of its holding.

Sample notice of a general meeting

Application to the minutes of the general meeting residential building owners No. dated ____________ 2005 NOTIFICATION About holding "___" ______ 2005 at ___ o'clock. ___ min. General meeting of owners of premises of an apartment building located at: _______________________________________________________________________________________ The meeting is held in the form of: meeting (absentee voting) On the initiative of __________________________________________________________________________ By the address: _____________________________________________________________________________ The agenda is attached. Information and (or) materials that will be presented at the general meeting can be found at: _________________________________________________________________ Attention! You can participate in the meeting through your representative by issuing a power of attorney for him in accordance with the provisions of Art. 185 Civil Code of the Russian Federation If you or your representative are absent from the general meeting, decisions on the agenda items will be made without your participation. An appeal against the decisions of the general meeting on issues adopted, if they violate your legitimate interests and cause you significant damage, is possible in court within 6 months from the date of the decision. When holding a general meeting in the form correspondence voting, those who took part in it are considered to be the owners of the premises whose written decisions are reflected in the absentee voting ballot and received before ____ hours ____ minutes "___"_________ 200_ (the closing date for decisions). Solutions should be sent to: _______________________________________________. BREAKING LINE Owner: ___________________________________________________ Resident: ________________________________________________ I have no objection to holding the meeting “___” ________________ 2005 Notice and agenda of the meeting received in person “___” ______________ 2005 __________________ (___________________) date signature full name

When is a meeting considered to have taken place? (Eligibility of the meeting).

The general meeting is valid if the owners of premises in a given building or their representatives with more than 50 percent of the votes of the total number of owners took part in it (Article 45 of the Housing Code of the Russian Federation).

The presence of the owners at the meeting is confirmed by a registration sheet of participants indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises, and the signature of the owner. If a representative of the owner takes part in the meeting, a power of attorney must be attached.

Sample registration sheet for the general meeting of owners

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

The list of objects of common property and the procedure for determining shares in the right of common property are established by Art. Art. 36, 37 Housing Code of the Russian Federation.

Voting is carried out on each item on the agenda after its discussion. To summarize the voting results, a counting commission must be created, the composition of which is approved by the general meeting. Any decision of the general meeting is documented in minutes in the manner established by the general meeting of owners of premises in a given house (Part 1 of Article 46 of the Housing Code of the Russian Federation)

The law does not establish any requirements for the form of the protocol. But according to the traditions of conducting general meetings, the minutes must be drawn up in writing, signed by the chairman and secretary, as well as members of the counting commission. The minutes must indicate the date, place of the general meeting of owners and the agenda.

Sample minutes of the general meeting of owners

Protocol No. General meeting of owners of premises of a residential building, located at: _________________________ Seversk "____" ___________ 2005 Tomsk region General meeting of owners of premises of an apartment building at the address: _______________________ took place “____” ___________ 2005 at ___ o’clock. ___ min. indoors (venue) or (in absentia) The owners of the premises (their representatives) were present, confirming their authority to participate in the meeting with the right to vote, in the number of people with votes in the number (% of the total number of votes), acting on the basis of the documents specified in the appendix to this protocol. The meeting was chaired by: ________________________________________________________________ The meeting agenda is attached. On the first question listened: ___________________________________________________________________ Speakers: _____________________________________________________________________________________ The protocol is stored ____________________________________________________________ Secretary of the meeting __________________ (signature)

How to formalize decisions? (Formulation of the decision).

The decision of the meeting must also be made in writing, signed by the chairman and secretary, as well as members of the counting commission. The decision is an integral part of the minutes of the meeting.

The law establishes that decisions of the general meeting of owners must be brought to the attention of all owners of premises, including those who did not take part in the meeting, within ten days from the date of adoption of these decisions (Part 3 of Article 46 of the Housing Code of the Russian Federation).

The owner who does not participate in decision-making at the general meeting is obliged to obey them.

Sample resolution of the general meeting of house owners

So, the organizer of the first general meeting of owners in a house can be any owner or a group of them.

the size of his area in this house. Simply put, we can assume that the owner has as many votes as the number of square meters he owns.

The meeting is valid (can make a majority of decisions) if the owners of more than half of the living spaces in the house take part in it.

To resolve some issues, it is necessary that there be at least two-thirds of the votes in favor. This is precisely the choice of a way to manage a house, reconstruction of a house, construction of outbuildings, repair of common property, transfer of common property for use. To create an HOA, half the total votes plus one vote are enough. All other issues are decided by a majority of those present at the meeting.

The decisions of the meeting are binding on all owners, even if they did not take part in the meeting.

The presented forms of documents for holding a general meeting of owners of the premises of an apartment building must be adjusted taking into account the characteristics of each apartment building and the form of holding the general meeting.

A sample agenda for the first meeting includes all possible issues that need to be resolved at the meeting. At the same time, depending on the chosen management method, voting can take place only on necessary issues (taking into account the chosen management method.

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The Housing Code clearly defines the goals of holding a general meeting of owners and the competence of this body:

• Organization of a separate entrance to the premises. This need arises if: you need to transfer the apartment to non-residential premises (shop or office); if an additional, new separate entrance is needed in an existing non-residential premises.
• Carrying out any work related to the reconstruction or repair of a building, the need to erect extensions, outbuildings, etc.
• Disposal of common areas, their transfer for use by third parties: connection of attics, basements, staircases, etc.
• All questions related to the maintenance and repair of the building, as well as methods and amount of payment.
• Other issues resolved by general voting are determined by Art. 44, 135, 141, 156 Housing Code of the Russian Federation.

Order of conduct

The procedure for holding a meeting of owners of an apartment building at all stages, from the moment of initiation to the adoption of a decision, is clearly regulated by the Housing Code of the Russian Federation, Article 45

Obtaining lists of owners

To hold a meeting of owners in a building, you first need to have lists of all owners of all premises. They can be obtained in several states. organs, but despite this, they are not always given at all, or are not given quickly. GkUIS, MFC, Rosreestr, Deza, etc., each organization can write an “unsubscribe”, refusal due to lack of data, presence of confidential data, etc. But it is necessary to obtain lists, otherwise holding a meeting is impossible. There are several standard options for how to do this for sure, tested by our experts in practice. This is already a matter of experience.

In accordance with the law, a meeting can be held not only in person, but also in the form of absentee voting by residents.

held successful meetings in 2016

In-person voting

All homeowners with shares must come to discuss the problems at a place determined by the initiator. All issues are discussed by homeowners or their representatives in person, and decisions are made by voting.

Correspondence

After receiving the agenda, residents express their opinions in writing. The results of the written vote are analyzed, counted, and based on them, a final decision is made, which will subsequently be entered into the protocol.

Regardless of who initiated the discussion, an initiative group is created to prepare the meeting and resolve legal and organizational issues. Her competence includes developing the necessary documentation and determining the current agenda. Members of the initiative group are also involved in searching and preparing the location for the general meeting and determining the optimal time. A preliminary survey may be conducted to determine whether there are significant disagreements among residents, but this is not a necessary preparatory step.

Resident Notification

The next step is to notify the residents of the apartment building about the holding of a meeting of the residents of the apartment building. It is regulated by Art. 45 Housing Code of the Russian Federation. The notice is sent in writing. All issues on the agenda are indicated in the message and after that they cannot be changed. Information must be brought to the attention of residents 10 days before the meeting. In some cases, the notice identifies the initiator of the meeting.

Russian law states that once the owners make a decision, it becomes binding. If there was no quorum at the meeting, any decision made will be illegal. In this situation, it is recommended to either schedule a new appointment or conduct an absentee ballot. In order for a meeting to have a quorum, the number of homeowners present during the discussion must have more than 50% of the votes. Legal confirmation of the competence of the decisions made and recorded is the registration sheet, in which all homeowners present at the meeting must be noted.

Logging

During the meeting, each issue included in the agenda is brought up for discussion. After the discussion, residents vote. The results are summed up by the counting group, and the decision taken is recorded. The law does not establish requirements for the form of the protocol, so the documentation is drawn up based on established traditions. The text should include an indication of the date of the meeting, a list of issues discussed, and decisions made on each of them. The registration sheet and the list of owners' shares are appendices to the document. The minutes must bear the signatures of the chairman, secretary and members of the counting group.

Quorum calculation

∑Sk - area of ​​premises of owners who came to the general meeting
S0 - total usable area of ​​the premises of an apartment building

If X > 0.5, de jure the general meeting of owners took place

Cost of our services

The cost of holding meetings of owners is determined by the cost of all cumulative work: ensuring all procedures for holding a meeting in accordance with the Housing Code of the Russian Federation, including the formation of a register of all owners, notification of the meeting by mail, holding in-person and absentee meetings, collecting the required number of signatures.

The cost depends on the number of apartments in the building, but not less than 49 thousand rubles. Including the cost of all work, depending on the number of apartments, starts from 900 rubles. up to 2000 rub.

Our specialists will help:

• Prepare the necessary documents.
• Create a register of owners.
• Notify residents of the meeting.
• Collect the necessary signatures.

1.1 The general meeting of owners of premises in an apartment building (hereinafter referred to as the Meeting of Owners) is the management body of the apartment building.

The competence of the general meeting of owners of premises in an apartment building includes making decisions on issues related to the Meeting by the Housing Code of the Russian Federation, in particular those enshrined in Art. 44, 45, 140, 141, 155, 156, 158, 162, 164 Housing Code of the Russian Federation.

1.2 Types of general meetings of owners of premises in an apartment building.

Meetings of owners can be regular or extraordinary. The main difference between such meetings is that the next meeting of owners must be held at least once a year, usually in the second quarter of the year, in order for the management organization, in accordance with Part 11 of Art. 162 of the Housing Code of the Russian Federation provided the owners of premises in an apartment building with a report on the implementation of the management agreement for the previous year.
In turn, an extraordinary meeting of owners can be convened at the initiative of any owner of premises in an apartment building, while he bears all the hassle and expenses associated with holding the meeting himself.

In accordance with Art. 44.1. Housing complex of the Russian Federation A general meeting of owners of premises in an apartment building can be held through:

At the same time, the legislator no longer connects the conduct of absentee voting with the preliminary holding of an in-person meeting, that is, you can choose any form from the three permitted.

1.3 Forms for making decisions at the meeting of owners.

The only form of decision-making on issues within the powers of the meeting of owners is is voting.

2.1 Quorum.

Quorum- the number of participants in a meeting (session) established by law, the organization’s charter or regulations, sufficient to recognize this meeting as competent to make decisions on issues on its agenda.

In accordance with Art. 45 of the Housing Code of the Russian Federation, a meeting of owners is competent (has a quorum) if the owners of premises in a given building or their representatives with more than fifty percent of the votes from the total number of votes took part in it.

The number of votes that each owner of a premises in an apartment building has at a general meeting of owners of premises in a given building is proportional to his share in the right of common ownership of the common property in that building. The share of each owner is determined by dividing the area of ​​the premises (according to the certificate of ownership) by the sum of the areas of residential and non-residential premises in the house according to the technical passport for the house.

Very often, the technical passport for a house contains outdated or inaccurate information; often the total area of ​​the house includes not only the area of ​​residential and non-residential premises, but also the area of ​​basements and attics.

When taking into account the actual area of ​​residential and non-residential premises, it is necessary to take into account only the area of ​​​​the premises for which ownership rights are registered according to the Register.

That is, if the house has 10 apartments with an area of ​​30 m2 each, i.e. with a total area of ​​300 m2, then the share of each apartment in the right of ownership of the common property will be:

Please note that the share is not calculated as a percentage, but rather as shares. Although it is clear that a share of 0.1 corresponds to 10%

The question often arises: how to find out the area of ​​the house, and where to get the BTI data, and what data is correct if they differ in different documents. The answer to this question is contained in the Decree of the Government of the Russian Federation of August 13, 2006 No. 491 Moscow “On approval of the Rules for the maintenance of common property in an apartment building...”

Clause 4 of these rules provides that in the event of a discrepancy (contradiction) in information about the composition of common property contained in the Register, documentation of state technical accounting, accounting of managers or other organizations, technical documentation for an apartment building, priority is given to the information contained in the Register.

Those. The main document determining the area of ​​the premises is the Certificate of Ownership of the premises.

In order to find out whether there is a Quorum at a meeting in person, use the APPEARANCE SHEET - each owner who comes to the meeting must present a document confirming his identity, a document confirming his ownership. This data is entered into the appearance sheet, the owner must sign on it.

Before the start of the meeting, it is calculated how many owners have registered and what share in the common property rights they have. If more than 50%, then there is a quorum. If there is no quorum at the start of the meeting, you can delay the start of the meeting by 15 to 30 minutes to allow latecomers to register.

It should be noted that the beginning of a meeting does not mean the termination of registration of participants; they can register during the meeting, until the meeting is declared closed.

2.2. Qualified majority.

Part 1 of Article 46 provides that decisions of the general meeting of owners of premises in an apartment building on issues put to vote, are adopted by a majority vote of the total number of votes of the owners of premises in an apartment building participating in this meeting,

But at the same time, some particularly important issues provided for in clauses 1 - 3.1 of part 2 of article 44 of the Housing Code of the Russian Federation are adopted not simply by a majority vote of the owners who came to the meeting, namely by a majority of at least two-thirds of the total number of votes of the owners of premises in an apartment building:

• making decisions on the reconstruction of an apartment building;
• 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;
• 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;
• 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

Those. for example, in order to make a decision to place an advertising banner on the facade of a house, it is necessary that not just the majority of those who came to the meeting speak “FOR” for this decision, but that more than 66% of ALL owners of the building’s premises speak “FOR”.

For example, let’s assume that 60% of the owners came to the meeting and they all voted 100% “FOR”, but this will not be enough to make decisions provided for in paragraphs 1 - 3.1 of Part 2 of Art. 44 Housing Code of the Russian Federation, because These 100% “FOR” voters constitute only 60% of the TOTAL NUMBER OF VOTES of ALL owners of the premises of the house.

• a room or area that can accommodate those present.
• organizational issues (choosing the optimal time, office, etc.)
• notification to the owners no later than 10 days before the event must be sent to each owner either by registered mail or delivered in person against signature. It is advisable to additionally place announcements about the meeting on special stands in the entrances.

It should be noted that the legislator has determined a list of information that must be present in the content of this notification. In particular, information about the person on whose initiative this meeting is convened; the form of holding this meeting (in-person meeting, absentee voting, in-person and absentee form); 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; the agenda of this meeting; 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.

2.4. Meeting agenda and its meaning.

The meeting of owners is authorized to make decisions only on issues included in the agenda of the meeting. Therefore, before issuing a notice, the issues to be included in the agenda should be clearly defined. In addition to the issue for which the meeting is being held, it is recommended to include the following items on the agenda:

• election of the chairman of the meeting;
• election of the secretary of the owners' meeting;
• election of the counting commission;
• determining the storage location for the minutes of the general meeting.

It should be noted that the election of the chairman, secretary and counting commission is not regulated anywhere - this tradition came to us from Komsomol and party meetings, but it is better to observe it.

The requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings are approved by Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated December 25, 2015 No. 937/pr.

The introductory part should contain the following information:

A. about the initiator of the general meeting

b. about the person presiding at the general meeting and those who counted votes

V. about persons who took part in the general meeting

e. about the total area of ​​residential and non-residential premises

and. about the agenda

h. about the presence or absence of quorum

The text of the main part of the minutes of the general meeting consists of the agenda and separate sections according to the number of issues on the agenda of the general meeting.

Issues on the agenda of the general meeting must be formulated extremely precisely, clearly, reflect the essence of the issues being discussed and not allow for double interpretation.

It is not allowed to include the item “Miscellaneous” on the agenda of the general meeting.

The text of the minutes of the general meeting is presented in the third person plural (“listened”, “spoke”, “resolved”, “decided”).

Mandatory appendices to the minutes of the general meeting are:

A. register of owners of premises in an apartment building

b. notice of the general meeting

V. register of delivery to owners of premises in an apartment building

d. list of owners of premises in an apartment building who were present at the general meeting

d. powers of attorney

e. documents on which, during the consideration of issues included in the agenda and put to vote, decisions were made at the general meeting

and. decisions of the owners of premises in an apartment building in the event of a general meeting in the form of in-person or absentee voting

h. other documents or materials

In accordance with Part 3 of Art. 46 of the Housing Code of the Russian Federation, the decision made at the meeting of owners must be communicated to the owners who were not present at such a vote and, as a result, the protocol must be prepared no later than 10 days from the date of the meeting of owners.

If a meeting is held in person or in absentia, one protocol is drawn up.

It should be noted that most disputes about legitimacy arise on issues of formalizing the voting results of a meeting of owners.

When holding a general meeting in person, the owners usually vote by raising their hands, while it is practically impossible to count by name who was FOR, AGAINST, ABSTAINED, therefore, if important controversial issues are resolved at the meeting, then in accordance with clause 4. Article 46 of the Housing Code of the Russian Federation, voting on issues on the agenda of the general meeting of owners of premises in an apartment building can be carried out through written decisions of the owners on issues put to vote.

It is better not to neglect this and, on pressing issues, invite the owners, along with a show of hands, to express their decision in writing.

Also, in the future, if disputes arise, photographs taken during the meeting will be very helpful.

4. Change of management company

If the general meeting of owners of premises in an apartment building makes a decision to change the method of managing the apartment building or the organization managing the apartment building, the next stage begins, which is necessary for the implementation of the intended result.

After a decision is made to change the management company or change the management method, a person authorized by the general meeting of premises owners
in an apartment building, signs and sends to the organization that previously managed such a house (you should look at the notice period in the contract, if it is specified with the Criminal Code), as well as to the state housing supervision body of the constituent entity of the Russian Federation and the local government body, a notification about the decision adopted at the general meeting of owners of the premises in apartment building decision with a copy of the minutes of such general meeting attached.

The specified notice must contain the address of the organization chosen by the owners of premises in an apartment building to manage such a house, or in the case of direct management of such a house by the owners of premises in such a house, one of these owners specified in the decision of the general meeting of these owners on the choice of method of managing such a house, in including information necessary to establish telephone and electronic communications.

4.1. Termination/changes of the contract with the management company, transfer of technical, accounting and other documentation to the new management entity of the MKD.

In accordance with paragraph 10 of Art. 162 of the Housing Code of the Russian Federation, thirty days before the termination of the management agreement for an apartment building, the management organization is obliged to transfer technical documentation for the apartment building and other documents related to the management of such a house to the newly selected management organization, homeowners’ association or housing cooperative or other specialized consumer cooperative, or in the case of direct management such a house by the owners of premises in such a house to one of these owners indicated in the decision of the general meeting of these owners on the choice of the method of managing such a house, or, if such an owner is not indicated, to any owner of the premises in such a house.

It should be noted that when choosing a new management method, the contract with the management organization should be considered terminated, but the law does not indicate the moment of termination of the contract in this case.

Taking into account that the current legislation does not regulate the procedure for terminating legal relations between the owners of premises in an apartment building and the previous management organization, Arbitration practice has followed the path that the transfer of technical documentation to the newly selected management organization must be carried out within a reasonable time, taking into account the time required for settlement relations with resource supplying organizations for this building (clause 1, 9, article 161 of the Housing Code of the Russian Federation, clause 8 of article 162 of the Housing Code of the Russian Federation, article 6, article 450 of the Civil Code of the Russian Federation). Thus, at a general meeting of owners with an agenda on choosing a new management method, it is necessary to provide the procedure for terminating obligations under a contract, mainly by determining it in time. For example, from the first day of the next month.

If there is a valid management agreement at the time of the general meeting of owners in the apartment building, The agenda of the meeting must include the issue of termination of this management agreement from the date of conclusion of the agreement with the newly selected management organization which has the right to manage apartment buildings in accordance with the Housing Code of the Russian Federation (hereinafter referred to as the Organization).

Amendments to the contract are also regulated by the general provisions of the Civil Code of the Russian Federation.

4.2. Settlements with the management company.

In accordance with the Civil Code and paragraph 8 of Art. 162 of the Housing Code of the Russian Federation, if the parties to a terminated management agreement still have a debt, then they must compensate for mutual losses. For example, some of the owners of premises must be repaid the debt for payment of residential premises and utilities, the management organization must be returned the cost of paid but not performed services and work (paragraph “b”, paragraph 10 of the Letter of the Ministry of Regional Development of the Russian Federation dated March 26, 2007 N 5280- SC/07 “On changes to the housing legislation of the Russian Federation”).

It should be noted that the cost of paid but not performed services will be considered as unjust enrichment on the part of the former management organization and accordingly regulated by Chapter 60 of the Civil Code of the Russian Federation.

Notes:

1. Any form of meetings and voting that is not provided for by the Housing Code of the Russian Federation should be avoided. It is recommended to use voting ballots (written decisions) even if the meeting is held in person.
2. Particular attention should be paid to observing the procedure for notifying the meeting (in person against signature or by registered mail with the obligatory preservation of the receipt), because Violation of the notification procedure is the main reason for the cancellation of meeting decisions.
3. Never try to hold a meeting alone if there is no initiative group - don’t even think about the meeting.
4. Don’t forget to draw up protocols, save postal receipts for registered letters and absentee ballots.
5. If the management company changes, it is necessary to determine in advance a new management company to which the house will be transferred; the new management company will be happy to help you hold a meeting.