From correct implementation general meeting owners MKD premises The stable operation of the management organization largely depends. Challenging decisions of general meetings of owners has already become common practice. Lawyers are bogged down in trials that sometimes last for years; heads of management organizations nervously watch the process; the initiators of general meetings are unlikely to ever again agree to be initiators; and the owners of the premises who took part in the meeting are no longer happy that they voted (they are either summoned to court or asked to sign additional documents).

According to paragraph 7 of the Letter of the Ministry of Construction of Russia dated October 5, 2017 No. 35851-EC/04, when assessing the owner’s decision for recognition as valid, it is necessary to proceed from whether the specified decision allows identifying the person who took part in the vote, and establish the will of this person on the agenda of the general meeting of premises owners.

Appeal ruling of the Moscow City Court dated August 14, 2017 in case No. 33-31916/2017 the court satisfied the claims for recognition as illegal and not giving rise to legal consequences decisions made at the general meeting owners of premises because the initiators of the meeting - the defendants violated the procedure for convening and holding a general meeting of premises owners apartment building, did not notify all owners of the premises in the house about the meeting and the agenda, held the meeting in the absence of a quorum, and therefore, the decisions of the meeting are void.

To summarize the voting results, a counting commission must be created. The issue of its creation is included in the agenda of the general meeting. The composition of the counting commission is proposed by the initiator of the general meeting and approved by the meeting.

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

Decisions of the general meeting of owners of premises in an apartment building on issues put to vote are adopted by a majority of votes of the total number of votes taking part in the meeting, with the exception of issues provided for in paragraph 1.1 of part 2 of Article 44 of the Housing Code of the Russian Federation (adopted by more than fifty percent of the votes of the total number of votes of owners of premises in an apartment building), and provided for in paragraphs 1, 1.1-1, 1.2, 2, 3, 3.1, 4.2, 4.3 of Part 2 of Article 44 of the Housing Code of the Russian Federation (which are adopted by a majority of at least two-thirds of the total number of votes of the owners premises in an apartment building).

In the case of absentee and in-person meetings, the presence of a quorum for making decisions on the agenda items is determined by the counting commission based on the number of votes specified in the decisions of the owners received before the end of voting. The end date for the voting of owners must coincide with the date in the messages about the OSS.

The decision of the general meeting of owners of premises in an apartment building is documented in a protocol (Part 1, Article 46 of the Housing Code of the Russian Federation). The minutes of the general meeting of owners of premises in apartment buildings must comply with the Requirements for the preparation of minutes of general meetings of owners of premises in apartment buildings. By Order of the Ministry of Construction of Russia dated December 25, 2015 No. 937/pr).

The minutes of the general meeting are drawn up in writing within the time frame established by the general meeting, but no later than 10 days after the general meeting (clause 2 of the Requirements, approved by Order of the Ministry of Construction of Russia dated December 25, 2015 No. 937/pr. This order also contains approximate form OSS protocol).

The minutes of the general meeting should indicate the name of the document, the date and registration number of the minutes, the date, the place of the general meeting, the title to the content of the minutes, the content of the minutes, the agenda, the presence of a quorum, the number of votes on each issue, the place (address) of storing the minutes , list of applications (if indicated in the content part of the protocol). The minutes are signed by the chairman, secretary of the meeting and members of the counting commission (clause 22, section 6, clause 15, section 7 of the Methodological Recommendations, approved by Order of the Ministry of Construction of Russia dated July 31, 2014 No. 411/pr; clause 4, Section II of Requirements N 937/pr).

Mandatory annexes to the Protocol are:

notice of the general meeting, on the basis of which the general meeting is held;

register of delivery of messages about holding the next general meeting of premises owners;

register of participants in the next general meeting of owners of premises in an apartment building;

notification of decisions made at the next general meeting of owners of premises in the apartment building;

powers of attorney of representatives of owners of apartment buildings.

The originals of the decisions and minutes of the general meeting of owners of premises in an apartment building are subject to mandatory submission the person on whose initiative the general meeting was convened, in management organization no later than ten days after the general meeting (Part 1 of Article 46 of the RF Housing Code). In turn, the management organization is obliged to send the received originals of these decisions and protocol (within five days from the date of receipt) to the state housing supervision authority (for storage for three years).

According to Part 6 of Art. 46 of the Housing Code of the Russian Federation, the owner of a premises in an apartment building has the right to appeal in court a decision made by a general meeting of owners of premises in a given building in violation of the requirements of this Code within six months from the day when the said owner learned or should have learned about the decision.

New edition of Art. 45 Residential Complex of the Russian Federation

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 established this article y.

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.

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) owner of premises in an apartment building, full name and main state registration number 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 common property on common property 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 premises in this building by registered mail, unless the decision of the general meeting of owners of premises in a given house provides for another way of sending this message in writing, or handed to each owner of premises in a given house against signature, or posted in the premises of a given house, determined by such a decision and accessible to all owners of premises in a given 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.

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, and also formalize Required 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 building in the manner established.

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.

Commentary on Article 45 of the RF Housing Code

1. The rules for holding a general meeting of owners of premises in an apartment building were first established in Art. 45 of the Code. The imperative norm of Part 1 of this article establishes the legal obligation of the owners of premises in an apartment building to annually hold an annual general meeting. Please note that the Code does not contain a legal mechanism to ensure that owners fulfill this obligation. The general meeting is not held in the cases specified in.

2. The general meeting of owners of premises in an apartment building can be either regular (held once a year) or extraordinary (convened at any time on the initiative of any of the owners of residential or non-residential premises apartment building). Let us note that the right of any owner of the premises in the house to initiate the convening of a general meeting is in no way connected with the size of the total area of ​​the premises belonging to him.

Persons who are not the owners of premises in the relevant apartment building do not have the right to initiate the convening of a general meeting of owners of premises in this building.

Both regular and extraordinary general meetings of owners of premises in an apartment building can be held by:

a) the joint presence of the owners of premises in a given building to discuss issues on the agenda and make decisions on issues put to vote;

b) conducting absentee voting - transferring, in writing, to the place or address indicated in the notice of a general meeting of owners of premises in an apartment building, decisions of the owners on issues put to vote (see).

Regardless of whether the meeting is regular or extraordinary, it has the powers established in the Code (see also the commentary to this article). At the same time, it is hardly advisable to submit issues that are usually considered at the annual general meeting of owners of premises in an apartment building for consideration at an extraordinary general meeting.

The Code does not define cases when an extraordinary general meeting of premises owners is held. Hence, extraordinary meeting may be convened in any case if such a meeting is required by the general interests of the owners of premises in an apartment building, the interests of a group of said owners, or the interests of at least one such owner.

It should be assumed that the costs of preparing and convening an extraordinary meeting are borne by its initiator. At the same time, the Code does not contain a prohibition on subsequent reimbursement to the initiator of an extraordinary meeting of these expenses by decision of the general meeting of premises owners from sources determined by such a decision.

3. All owners of premises in an apartment building have the right to participate in the general meeting, regardless of the size of the total area of ​​​​the premises owned by each of them. Therefore, all owners of premises in an apartment building have the right to attend the general meeting with a casting vote and participate in the discussion of issues on the agenda.

The fact of participation in the meeting has practical and legal significance, since depending on the number of participants in the general meeting, the following is determined: a) the presence or absence of a quorum necessary for decision-making (see Part 3 of Article 45 of the Code); b) a simple or qualified majority of votes cast for a particular decision (see Part 1 of Article 46 of the Code). If the owner of the premises did not participate in the meeting, then he has the right to appeal to the court the decision made by the general meeting of owners of the premises in violation of the requirements of the Code (see Part 6 of Article 46 of the Code).

The quorum provided for in Part 3 of Art. 45 of the Code, determines the competence of both the general meeting held in the form of joint presence and the general meeting held in the form of absentee voting. In this case, the quorum at the general meeting held in the form of absentee voting is established taking into account the provisions of Part 2 of Art. 47 of the Code: those who took part in such a meeting are considered to be the owners of premises in an apartment building whose decisions were received before the closing date for their reception.

It is advisable to pay attention to the fact that at the general meeting of premises owners, the shares in the ownership of common property actually vote, and not the persons who own them: the number of votes that each owner of the premises in an apartment building has at the general meeting of premises owners in such a building, in proportion to his share in the right of common ownership of common property in a given house (see). Taking this circumstance into account, the presence of the quorum provided for in Part 3 of the article in question should be determined.

4. In part 4 of Art. 45 of the Code imperatively establishes the obligation of the initiator of the general meeting, within the period specified in this part, to personally notify all owners of premises in an apartment building about the meeting. If the decision of the general meeting of premises owners does not establish another method of notification (for example, sending a text message by email, fax, etc.), then it is carried out by sending each owner a registered letter containing the information specified in Part 5 of Art. 45 of the Code. The specified message can also be delivered to each owner personally against signature or placed in the premises of the given building, known and accessible to all owners, which must be determined by a decision of the general meeting of owners of premises in an apartment building.

It seems that the norms under consideration actually regulate the relations associated with the convening of an extraordinary general meeting of owners of premises in an apartment building, since the annual general meeting is not held at the initiative of a specific owner, but according to the rules established by the owners in accordance with Part 1 of Art. 45 of the Code.

5. The content of the message about holding a general meeting of owners of premises in an apartment building is determined according to the rules of Part 5 of Art. 45 of the Code. The requirements established here apply to the notice of holding both an annual and an extraordinary meeting and cannot be changed either by a decision of the general meeting of premises owners, much less by the initiator of an extraordinary meeting.

Another comment on Art. 45 of the Housing Code of the Russian Federation

1. General meetings of owners of premises in an apartment building are held annually. Moreover, both the terms and the procedure for holding them are established by the general meeting. Therefore, at the very first general meeting, it is advisable to approve their procedure and the procedure for absentee voting (Article 47), as well as establish forms of notifications about the meeting (Article 45), minutes of meetings (Article 46), powers of attorney for voting (Article 48) and so on.

2. Decisions of the general meeting are documented in minutes. The meeting does not have the right to make decisions on issues not included in the agenda of this meeting, and also to change the agenda of the meeting (Article 46 of the Housing Code of the Russian Federation).

3. In addition to annual general meetings of owners, extraordinary ones may be convened. Extraordinary meetings are convened at the initiative of any owner. The initiator bears the burden of preparing the meeting (Part 4, Article 45).

According to part 4 of the commented article 45 of the Housing Code of the Russian Federation, each owner must be notified of the convening of a general meeting 10 days before the day of its holding by registered mail, unless the decision of the general meeting provides for a different notification procedure; information about the general meeting can be posted in public places (for example, on a board near the entrance to the entrance) and so on.

A notice that a general meeting of owners of an apartment building has been appointed must contain:

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

information about the form of holding this meeting (meeting or absentee voting);

date and time of the general meeting;

the closing date for the receipt of decisions by owners on issues put to a vote during absentee voting, the place or address where such decisions should be transferred;

the agenda of this meeting;

the procedure for familiarizing yourself with information and (or) materials that will be presented at this meeting, the place or address where they can be viewed (Part 5 of Article 45).

4. The meeting has a quorum, i.e. is competent to make decisions if the owners of premises in a given building (or their representatives) with more than 50% of the total number of votes () participate in it.

• Up

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 - statutory, the organization’s charter or regulations, the number of participants in the meeting (session) is 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 Government Resolution Russian Federation dated August 13, 2006 No. 491 Moscow “On approval of the Rules for the maintenance of common property in an apartment building...”

Point 4 specified rules it is stipulated that in case of discrepancies (contradictions) in information about the composition of common property contained in the Register, state documentation technical accounting, accounting managers or other organizations, technical documentation for apartment house, 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 about limits of use 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 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 the 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, the management organization, thirty days before the termination of the management agreement for an apartment building, is obliged to transfer technical documentation for an apartment building and other documents related to the management of such a house to a newly selected management organization, a homeowners' association or a housing cooperative or other specialized consumer cooperative, or in the case of direct management of such a house by the owners of premises in such a house, to one of these owners specified in the decision of the general meeting of data owners about the choice of how to manage such a house, or, if such an owner is not indicated, to any owner of 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, on the meeting agenda in mandatory the question of termination of this management agreement is included 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).

Amendment of the contract is also regulated general provisions Civil Code of the Russian Federation.

4.2. Settlements with the management company.

In accordance with Civil Code and clause 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 return the debt for payment of residential premises and utilities, the management organization must return 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-SK/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. Special attention attention should be paid to observing the procedure for notifying the meeting (in person against signature or by registered mail with the obligatory retention 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.

22.03.2019

When the question arises about choosing a management company or landscaping a yard, residents of high-rise buildings remember that responsibility for the common lies with everyone. The order is familiar: they gathered near the house, announced the agenda, discussed, made some noise and grumbled, and, having voted, went their separate ways square meters. And it would be nice if everything were that simple.

So that the meeting does not turn into a rally, but decisions made were recognized as valid, it is necessary to take a responsible approach to organizing the event and take into account all legal requirements. We have prepared detailed instructions, use it.

Why do residents even need to get together and discuss anything?

As mentioned above, “neutral territory” is a constant source of issues requiring collective discussion. Problems that can be resolved by the general meeting of owners are recorded in Housing Code RF, articles 44-46. These are transformations in the courtyard of the house, a way to accumulate funds for major repairs, and ongoing repair work.

Changing the management company may also be a reason for discussion. If the quality of services does not suit the majority of residents, you can terminate the contract with this company and choose another one.

Each homeowner owns part of the common property, which means they can and should participate in socially useful life. At least by expressing his opinion: “for” or “against”.

Way to go for enthusiasts

Every owner can invite residents to meet and resolve pressing issues. Moreover, the Housing Code of the Russian Federation establishes the annual need to hold general meetings. No matter who conducts them in your particular case - a homeowners association (HOA), a management company (MC), a housing or housing construction cooperative (LC or HBC) - you can be vigilant and propose in advance to include problematic topics on the agenda.

If the moment is missed, an extraordinary meeting can be held. The number of such meetings is not limited: a problem arose, we met and together we found a solution. Are there like-minded people among your neighbors? Create an initiative squad and fight for a bright future together.

Preparing documents

You will need:

Register of owners

This list includes information about the owners and the size of their property. Using the register, the number of votes each owner has is determined - it is proportional to the size of the area he occupies.

You can obtain it upon written request from the governing body: management company, residential complex, housing cooperative or homeowners association, depending on who manages it in your particular case. The Housing Code of the Russian Federation obliges these organizations to issue you a register no later than 5 days from the date of application.

If you are refused, and a meeting must be held, you will have to roll up your sleeves and get the register yourself. There are two ways.

First: go around all the apartments and rewrite the data on registration certificates of rights / extracts from the Unified State Register of Real Estate. The advantage is that this method is definitely free - only your labor is required. The downside is that the matter may take a long time. Not everyone sits at home in the evenings and waits for their neighbor to come over. Also, keep in mind that you will have to explain to everyone what you need and why.

Second: request information from Rosreestr. You can go to the nearest MFC, or register on the official website of Rosreestr and order an extract online. You will have to pay a state fee.

Notice of meeting

This is an invitation to neighbors to a meeting. Plan the day, time and location of the meeting so that it is convenient for as many residents as possible. You don't need to ask everyone, just follow the logic. On weekends you won’t find everyone at home, which means weekday evenings remain. The requirements for notification are established by the same Housing Code of the Russian Federation.

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.

Register of delivery of notices to owners of premises about holding a general meeting of owners of premises in an apartment building

It is needed if you will be walking around apartments and handing out notices to your neighbors personally. In the register, indicate the date of notification and make sure that all owners sign.

Decision form

When holding a general meeting through in-person, in-person, absentee or absentee voting, the owner’s decision on issues put to vote, which is included in the minutes of the general meeting, 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 item on the agenda, expressed in terms of “for”, “against” or “abstained”.

List of registration of premises owners present at the meeting

Make a list in free form. Indicate the date and agenda of the in-person meeting. List the names of those present directly at the meeting.

Protocol

Final decisions on the topics discussed will be recorded here. You can see how to format and fill it out in Order of the Russian Federation of December 25, 2015 No. 937/pr.

Lifehack for those who love ready-made solutions: the forms of all mandatory documents are in the Appendix to the methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings, approved by Order of the Ministry of Construction of Russia dated July 31, 2014 N 411/pr. Print and use.

Procedure

If we are going for the first time

Be sure to determine the form of house management and how subsequent meetings will be held.

• You need to notify about the planned meeting 10 days in advance: send each owner an invitation by registered mail. Alternative: knock on every door and inform neighbors personally. Just make sure they sign the register of delivery of notices - this will confirm that they were read on time.

On the appointed day, meet the participants where they agreed. Register those present and distribute decision forms.

Remember that in Part 3 of Article 45 of the RF Housing Code there is a condition:

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.

At the same time, to make some decisions ( Part 3 of Article 36, Part 1 of Article 46 and Article 44 of the RF LC) the presence of all owners or owners with a total of at least ⅔ votes of the total number of votes may be required.

If the first meeting does not have a quorum, a repeat meeting must be held with the same agenda. Moreover, it is no longer necessary to meet; it is enough to vote in absentia.

Make your proposals and listen to your opponents.

Those who were unable to attend the meeting and will vote in absentia must be given resolution forms and set a date for their receipt.

Document the results by filling out the protocol. Then transfer, attaching the decisions of the owners, to the management company, homeowners association, residential complex or housing cooperative, depending on the chosen method of managing the house.

Within 10 days, inform neighbors about the results of the meeting. Document the results in a letter and post them wherever you decide to post notices at the meeting. Most likely, these will be information boards.

Then your management company, cooperative or partnership must submit the protocol and decisions to the state housing supervision authority of the subject of the Russian Federation in which the house is located. Copies will be kept in a place previously determined at the general meeting.

If meetings have been held in your home before

To make life easier

While you were reading this article, you probably thought: “Oh, that’s difficult.” If your enthusiasm for calling on dormant neighbors to make important decisions has diminished, do not rush to abandon this idea. Now comes the main life hack.

The whole procedure can be significantly simplified if you vote online. There is such a possibility - it is legally enshrined in Article 47.1 of the RF Housing Code. You, together with other owners, can choose information system, on the basis of which meetings will be held in absentia.

One of such systems is Together. This is the real one social network for residents of one house, where no one else can go. Each user confirms his identity using the State Services portal, which means that only you decide the issues of your common property.

Here you can not only vote for installing a barrier in the yard, but also quickly find neighbors if you are flooded, and contact management company if they stopped taking out the garbage.

This page contains the form of the decision of the owners of premises in an apartment building, which the residents and owners of non-residential premises adopted at the general meeting.

Before drawing up the minutes of the general meeting of owners of an apartment building, it is imperative to secure all decisions made by the owners of the premises in the apartment building, reflecting them in the appropriate document.

It is worth noting that the proposed form can be used for any cases (as in the case if the general meeting of residents was held in person or in person - in absentia).

To formalize the decision of the residents at the general meeting, the attached sample or another form that does not contradict the norms can be used current legislation and Housing Complex of the Russian Federation.

Give it to each owner in the apartment building, ask them to vote and tick each item.

Sample resolution of the general meeting of owners of premises (tenants) in the house.

SOLUTION

owner of the premises on issues put to a vote at the extraordinary general meeting of owners of premises in an apartment building located at the address: _____________, st. ____________ , house no. _____ conducted in the form of in-person and absentee voting

_______________________________________________________________________________________

(Full name or name of the legal entity - owner of the premises)

________________________________________________________________________________________________________________

(address of the citizen’s place of residence or location of the legal entity - the owner of the premises)

Being the owner of residential/non-residential premises No. _______________________________

(apartment, share in an apartment)

Based ________________________________________________________________________________

(document confirming ownership (certificate, agreement, etc.)

Issued by "____" ________________. ______________________________________________________________

(who issued the title document)

_____________________________________________________________________________________________

total area premises in an apartment building __________________ m2.

The total area of ​​the premises is _____________m2, which belongs to me by right of ownership.

The size of the share in the right of common ownership of the common property of an apartment building ____________

(full-time or part-time)

The deadline for transferring decisions is “____” _____________________ 20______.

* Representative of the owner by power of attorney No. _________ dated “_____”________________20___.

___________________________________________________________________________________________

(Full name of representative)

The owner's decision on the agenda of the general meeting of premises owners:

1. Conducting the meeting in the form of in-person and absentee voting.

3. Terminate the management agreement for an apartment building concluded with the management organization___________________________________________________________ from “_____” _________________.

5. Approve the management organization - _______________________________________ and conclude with it a management agreement for apartment building No. ___________________ on ________________________________ street from "____" ____________________________.

7. Oblige the management organization LLC “Management Organization “______________________” to transfer technical documentation for the apartment building No. on the street within the period __________________. ____________________ and other documents related to the management of this house, cash owners, from the personal account of the apartment building to the management organization with which a management agreement for the apartment building will be concluded.

_______________________ _____________________ /__________________________/

I agree to participate in the vote counting ___________________________________

(Yes or no)

Contact phone number _________________________

(owner or representative)

Attached to this decision are(please note the contents of the application):

1. Agreement of premises owners to participate in the General Meeting.

2. Power of attorney for representation to participate in the General Meeting.

3. Written proposals on individual voting issues on ___ page.