Sample minutes of a meeting of owners of an apartment building. Minutes form (sample) of an extraordinary general meeting of owners of premises in an apartment building

Protocol general meeting owners are needed to record the decisions made by residents apartment building(hereinafter, MKD), it is important to consider that this document must be drawn up in accordance with the Order. Accurate adherence to all points is very important and will protect you from future litigation by residents who disagree with decisions made on any issues.

All requirements for this document, as well as other rules for its design will be discussed in our article.

Important! Please keep in mind that:

Each case is unique and individual.

A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

It is necessary to draw up a protocol to resolve issues that arise in the process of managing an apartment building, for which the chairman of the HOA or another interested party organizes a general meeting of residents. And brings up the following common questions for consideration:

creation or liquidation of a homeowners association (HOA);
adoption of rules for registration and storage location of the protocol;
approval of the procedure for using the local area (residents are considering the construction of a playground, a parking lot, and a ban on the use of a utility room adjacent to the house);
making changes to the design of the house, and other issues related to outbuildings (warehouses, extensions, etc.);
demolition of structures related to the building;
renting out areas related to the house for shops, service stations, etc.;
change management company or forms of house management. We need to carefully consider this issue. Residents of the house or government bodies self-government, submit for consideration the issue of choosing a management company. If the owners are not able to determine the form of management themselves, then the house is transferred to any HOA;
Issues of distribution of funds received for major repairs. Will they go to the current accounts of the HOA, or go to the general state fund;
At the meeting of owners, current issues may be considered that are not included in our list, but require solutions (for example, what to do with debtors for public utilities who will clean up local area and entrances, etc.).

A general meeting of owners can be initiated by an active group of owners, or by an individual resident who decides that this is necessary, or a meeting can be organized by legal entities, for example, a management company.

Requirements for the minutes of the general meeting of owners of apartment buildings

There have been some changes in the legislation of the Russian Federation, for example, on December 25, 2015, the order of the Ministry of Construction and Housing and Communal Services of the Russian Federation No. 937 “On approval of the Requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings and the Procedure for transferring copies of decisions and minutes of general meetings of owners” came into force premises in apartment buildings to the authorized executive authorities of the constituent entities Russian Federation carrying out state housing supervision" (hereinafter referred to as the "Order"). Registered with the Ministry of Justice of Russia on April 14, 2016 N 41802.

When this law came into force, many decided that this would simplify the procedure, but in practice it turned out that detailed implementation of the Order is almost impossible.

Rules for drawing up minutes of the general meeting of residents of an apartment building

Now let’s look at all the requirements that must be met when drawing up the minutes of the general meeting of owners of an apartment building in 2017.

The preparation and recording of the results of the protocol should be handled by the secretary, who should be selected as a separate issue on the agenda. The period for drawing up the document is determined at the general meeting, and should not exceed 10 days from the moment of its organization.

The chairman is obliged to hold a meeting and give the floor to everyone from those present. The counting commission must also be present at the meeting.

The structure of the protocol form is fixed at the legislative level and has a certain structure that includes the following points:

Details of the protocol.
Introductory part.
Main part.
Information about participants in the meeting.
Applications.
Signatures.

Now we will take a closer look at each point of the minutes of the general meeting of MKD residents.

Protocol details

Before the introductory part of the document, a title with accompanying content is written. It is important to include the following in the title:

“Minutes of the general meeting of premises owners in apartment building».
Document date. Usually they indicate the day of the actual meeting, or the date of the final decision on the substance of the consideration. It is important that the date stamped on the document corresponds to the date stamped on the notice of the meeting handed over to the owners. When the general meeting lasts for several days, the start and end dates must be noted.
The index and address of the apartment building in relation to which the issues are being considered.
Type of meeting – regular or extraordinary.
Form of voting (full-time, internal-absentee, absentee). The form of management must be selected separately for each residential building. It is the apartment owners who determine what form they need - a Home Owners Association (HOA) or a Management Company (MC).

In this case, it is important to indicate the registration number of the document. Numbering should start from the beginning, each calendar year (1/2017, 2/2017, 3/2017, etc.), and correspond to the sequence of all meetings during the year. They write something like this: “Minutes No. 001 of the general meeting of homeowners...”

Article 44.1 of the Housing Code of the Russian Federation defines the following forms of voting at a meeting:

In-person voting (all residents of an apartment building are present in person to resolve issues on the agenda);
In-person and absentee voting;
Absentee voting.

You can see the final sample of the protocol header in Figure 1.

The meeting of residents can be held in parallel in person and in absentia. Moreover, such a meeting is formalized by a single protocol of the in-person and absentee general meeting of owners of an apartment building. You need to understand that these are not two different meetings, but one event consisting of two stages.

If the meeting is held in absentia, the document is drawn up in absentia. Such a meeting can be held with the help of electronic service housing and communal services systems or by survey. In most cases, this type meetings with an insufficient number (the number established by the regulations) of participants at the meeting in person.

An important point that is spelled out in the Order is the storage location of the document drawn up at the general meeting to resolve issues put to vote. Very often, the place where the protocol is stored is the office of the Association Board or the Chairman of the HOA in his apartment. This is necessary so that, if necessary, any interested person who has the right to do so can receive upon request all information on general house meetings.

Introductory part of the protocol

In this section of the protocol you must indicate the following data:

Details of the meeting initiator. If a legal entity, then its full name and OGRN, for individuals, passport details (full name, registration address), and series and number of the certificate of ownership.
Full name of the Chairman, secretary and composition counting commission.
List of event participants.
The total number of votes of apartment building residents.
The area (total) of all premises of an apartment building.
The issue under consideration is on the agenda.
The presence or absence of a regulated number of participants and the authority to gather.

Main part of the protocol

This section of the minutes should describe the agenda and each issue under consideration separately.

Residents' questions are submitted for consideration in accordance with the notice of collection. You can submit one question or several. Each question must be numbered. You cannot add the “Miscellaneous” item and bring it up for discussion within various issues. It is impossible to discuss issues not specified in the notice within the framework of the document. It is also prohibited to formulate questions of different content into one.

In accordance with the filling rules, the presentation in the main part of the document should be in the 3rd person plural. numbers. The main part includes 3 subsections:

Part 1. “Listen” - here the details (full name) of the person speaking to the audience, his serial number, the essence of the issue in accordance with the agenda, a brief summary of the speech or a footnote to the appendix with the text of the speech are indicated;
Part 2. “Proposed” is a brief summary of the solution to the problem specified in the question and up for voting;
Part 3. “Decided” - the final decision of the participants regarding all the issues raised, can be formulated as “for”, “against”, “abstained”. It is important to indicate the number and exact essence of the issue in accordance with the agenda, the number of votes on different items. It is allowed to indicate several numbered points in the decision.

Information about participants in the meeting

Participants of the meeting (those present) are legal entities and individuals who have the right to vote at the meeting (they are the owners of premises in an apartment building).

Invitees to a meeting are persons observing the meeting without the right to vote. In most cases, these are lawyers and other specialists.

After the phrase “Present”, information about all participants who were present at the general meeting is indicated. The information you need to provide is the following:

For organizations - full name and OGRN, data on the certificate of ownership (series and number) confirming ownership of the premises. The number of votes owned by the owner, full name (if any) of the representative of the legal entity (as in the passport), details of the notarized power of attorney of the representative.
For individuals - Last name, first name, patronymic of the owner of the premises (apartment), or his representative with a executed power of attorney. The number of the apartment whose owner is an individual is indicated. person and series and number of the certificate of ownership itself. Just like a legal entity, you need to indicate how many votes the tenant owns. Signatures of the indicated persons.

Information about the persons who were at the meeting can be presented in the form of a list if their number is more than 15 people. It needs to record information in accordance with clause 12 of the Order. The list is not an excellent part of the protocol, issued as an appendix. The protocol itself must include the note “List attached, Appendix No. ____,” immediately after indicating the total number of participants.

Applications

Applications that are mandatory when drawing up a protocol:

In accordance with Part 5 of Art. 45 and part 4 of Art. 47.1 of the Housing Code of the Russian Federation, you need to issue a message about the fact of holding a meeting of residents of an apartment building.
Compile a register containing information about the delivery of notifications to apartment building residents about the date of the event and the issues on the agenda. It must contain information about the owners, the method of transmitting notices, and the date of receipt by the owner or representative.
General register of all owners of apartment buildings. Data of individuals (full name) and legal entities (full name and OGRN) of persons. IN this list the numbers of the premises owned by them, how many votes each owner has, and the details of the document giving ownership rights must be indicated.
Registration form for participants actually participating in voting.
Notarized powers of attorney (copies) of representatives of owners participating in voting. The power of attorney does not have to be certified by a notary, more details in Art. 185 Civil Code RF.
Results of voting and decisions made.
The name of the documents participating in the agenda and on which decisions were made by voting.
Other documents approved by the decision of the general council of participants as mandatory.

Each application must be numbered.

Signatures

The total number of votes of the owners who signed the registration form is determined by the quorum. To eliminate scams, errors, or general mistrust on the part of individual owners premises, it makes sense for everyone present at the vote to be given a ballot, on which the assembled members personally enter the data and sign.

If the meeting was held in absentia, if ballots were drawn up, they must be included as one appendix to the final minutes.

If the procedure is carried out in the order indicated above, then there is no need to put signatures on the final protocol.

Signature details include the following:

Full name of the chairman;
Full name of the secretary of the general meeting;
Full name of the persons conducting the vote count.

All persons listed above must be dated and signed. If the purpose of the meeting was to elect a chairman and a counting commission, the signature details include the surname and initials of the initiator of the meeting.

When can a protocol be invalidated?

The protocol can be challenged in accordance with clause 6 of Article 46 of the RF Housing Code and declared invalid if:

the procedure and timing of notification of the place and time of the event, and the issues on the agenda have been violated;
the competence of the quorum is violated;
the information message is incorrectly composed;
it is impossible for the owner of the premises to properly familiarize himself with the necessary information for making a decision;
certification of the owners' powers was carried out improperly;
the procedure for counting votes of premises owners during voting, including persons who have the right to shared ownership for premises, including owners of communal apartment rooms;
the rules for documenting decisions at a meeting were violated, mainly regarding absentee ballots;
the information about the number of votes belonging to the owner of the premises is incorrect.

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Protocol No. ______

extraordinary general meeting of premises owners

in an apartment building located at:

_____________, st. _____________________, house _____, building ______,

held in the form of joint presence

___________ "___" ________ 20____

The initiator of the general meeting of owners of premises in an apartment building is _________.

(Full name of the initiator of the general meeting, name of the legal entity)

_____

(Full names of members of the initiative group, No. of their premises)

There is a quorum. The general meeting of premises owners is competent.

Agenda for the general meeting of premises owners:

Approval of the procedure for holding an extraordinary general meeting of owners in the form of joint presence.
Selection of the counting commission in the composition

____________________________________________________________________

____________________________________________________________________.

Approval of the list of services and works for major repairs as part of the list established by the regulatory legal act of the Government of the Krasnoyarsk Territory.
Approval of the amount of payment for work and services for major repairs in the amount established by the regulatory legal act of the Government of the Krasnoyarsk Territory.
Approval of the timing of major repairs within the time limits established by the regulatory legal act of the Government of the Krasnoyarsk Territory.
Selecting a special account owner -

___________________________________________________________________.

The choice of a credit institution in which a special account will be opened is _________________________________________________________________________________________________________________________________________.
Approval of the procedure for drawing up the minutes of this General Meeting.
Approval of the location of the notice of the decision taken - ____________________________________________________________________.
Approval of the storage location for the minutes and other documents of this General Meeting - _______________________________________________________.

The owners of the premises considered the issues on the agenda and

Select the counting commission as part of

__________________________________________________________________________________________________________________________________________

_____________________________________________________________________

or No decision has been made.

2. Approve the list of services and works for major repairs as part of the list established by the regulatory legal act of the Government of the Krasnoyarsk Territory.