1.1 General meeting of premises owners in 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 common ownership right to common property in this house. 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 in total area houses include 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 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 about reconstruction 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 of owners no later than 10 days before the event must be sent to each owner or by registered mail, or handed over 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 the meeting is held in person, by correspondence 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 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, 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, an agreement with managing organization the contract 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 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. 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.

Issues regarding the repair, reconstruction and maintenance of a residential building must be resolved in a timely manner, through high-quality inspection measures of housing, repair work, and other necessary activities. Questions about the need for work, the timing of its implementation, estimates, the quantity and quality of external forces involved - all this is difficult for citizens living in the house to independently control.

But it is the owners who are entrusted with the responsibility to determine the form of management of their home, and, accordingly, to participate in matters of its maintenance. The owner can personally participate in the management of the building to which his apartment belongs, through the governing body - the general meeting of premises owners, by expressing an opinion by voting.

The concept of "general meeting of owners"

The specified meeting is a planned process of relations between homeowners in order to resolve pressing issues regarding the maintenance of a residential building in proper sanitary, fire, technical condition, where each of the owners can express their opinion on how to resolve the issues raised.

Each apartment owner has the right to take the initiative to organize a meeting, and only the owners have the right to make decisions at the meeting.

According to the rule, established by law, a meeting of owners is organized at least once a year (see Article 45 of the Housing Code of the Russian Federation). But it is possible to hold a meeting if necessary, at any time, if you need to resolve a significant issue regarding an apartment building. Meetings once a year are mandatory, but the law does not impose such requirements for extraordinary ones: they can be held with varying regularity or not be held at all.

Issues raised at general meetings

The housing law defines the powers of the building management body; their list is given in Art. 44 of the Housing Code of the Russian Federation, in accordance with it, the general meeting of owners considers and resolves a number of problems:

• on the use of a plot of land under and near the house, on the prohibitions and restrictions associated with its use and operation;
• on the use of the common property of the house by persons who are not the owners of the premises in the house, on the possibility of installing advertising structures using property for these purposes, on the organization of a meeting of owners and the structure that will directly deal with the maintenance of the house, on the choice of persons to whom the owners will entrust the management of the listed issues;
• on determining the method of managing the house;
• O major renovation, the possibility of making additions to the house and its expansion, the construction of various economic or other purpose buildings, the use and repair of common property, the size, method of management in cash allocated to ensure these measures;
• on the resolution of other pressing issues that are legally assigned to the general meeting of owners.

Planning a general meeting

The initiator of a regular or extraordinary meeting, in order to obtain accurate information about the number of homeowners of a building, receives a list of these citizens by requesting the authorities authorized to collect and store such information, or through a personal visit to the apartments of the building. The property owner must be notified of the meeting in one of the following ways:

• By sending a registered letter. It is possible to replace this method with any other written message if this is provided for by the decision of the general meeting.
• By oral announcement and delivery of notice with receipt of a personal signature.
• By placing information about the meeting on information boards in the interior of the house.

By notification, the owner is notified of the exact date and time of the meeting, the location of the meeting, information about the initiator of the meeting, the agenda (list of issues to be considered), the form of the meeting (in person, in absentia, mixed) and other clarifying data. Following the meeting, all homeowners are informed about the decisions made by posting information in a free access area for each resident of the building.

In-person voting and requirements for it

With this method of holding a general meeting, each owner of a residential premises participates in resolving the issues raised in person. Decisions made in person seem to be more objective, because the owner of each apartment is given the opportunity to personally familiarize himself with the materials and documentation regulating the resolution of issues raised at the meeting and voice his agreement or disagreement with the planned events.

If owners holding 50% or more of the total number of votes of owners are present at the meeting, the meeting is considered to have taken place and the decision taken at it is valid. The number of citizens who came to vote in person is recorded using a turnout sheet, or in another format agreed upon by the meeting participants.

This method of holding a meeting is unsuccessful for residents of large, multi-entrance houses due to the stated reasons. And, on the contrary, it is successful for apartment buildings with fewer entrances and apartments.

Absentee voting and its features

The law allows not only face-to-face meetings of owners, but also in absentia. When considering issues in absentia, citizens who own apartments make decisions put up for discussion and voting in writing, and send these decisions to the address indicated by the location of the meeting. When voting in absentia, it is necessary to have a properly executed decision of the owner in writing.

Forms indicating decisions made on the issues under consideration are sent to the homeowner for completion. Absentee voting is used quite often due to the convenience of its implementation; it is easier for citizens to answer the questions asked in absentia than to find time to personally participate in the meeting.

In-person and absentee voting

In fact, meetings have been held in this form before, because it is not always possible to gather citizen-owners of housing to personally participate in voting; in this case, the law allows further decision-making in absentia. Both of these forms of meetings are held to make uniform decisions on certain issues, that is, in fact, the in-person and absentee form is observed.

Currently, in-person and absentee decision-making is an officially permitted form of holding meetings.

It is holistic; decisions in person and in absentia are made within one meeting. Issues raised are resolved in the personal presence of the meeting participants, as in the case of a meeting in person, as well as by subsequent submission of decisions, as in the case of a meeting in absentia.

Meeting decision

The results of the meeting depend on the voting results. As a rule, a decision is made when a majority of votes are cast for it from the total number of citizens participating in the vote, and in some cases it is necessary to obtain more than 2/3 of the votes from the total number of citizens present at the meeting and voting.

Only issues included in the agenda are considered and discussed, and decisions are made on them. It is important to note that you cannot change this agenda, add new topics for consideration, or edit old ones. Formalized decisions of homeowners adopted by the general meeting - minutes - are stored and can be provided to the owner or inspection body for review upon request. Decisions made duly in compliance with the established procedure are binding not only on the persons who participated in the vote, but also on all other owners.

If the owner of the apartment believes that the decision was made in violation of the law or infringes on his personal interests or the interests of other citizens, he can apply to the courts to appeal the decision made by the general meeting.

Yuri Netreba from the Moscow Arbat Bar Association talks about how to properly hold a general meeting of owners of premises in an apartment building. If all formalities are not followed, the meeting’s decision may later be declared invalid. Therefore, it is important to know how to prepare documentation, announce the meeting, organize it correctly, formalize it and calculate the results. The lawyer also spoke about the procedure for notifying officials and storing meeting documents.

The general meeting of owners of premises in an apartment building (both residential and non-residential premises, parking spaces, underground garage, i.e. owners of any premises) is the management body of the apartment building.

A general meeting of owners of premises in an apartment building can be held an unlimited number of times. The legislator does not prohibit holding several meetings at the same time with different agendas. Also, the length of the general meeting has not been established, which means that the general meeting can last a month, two, and so on, but at least once a year, unless a different order is established. At the same time, there are no sanctions for failure to hold a general meeting.

The main stages of organizing and holding a general meeting of premises owners in an apartment building (hereinafter referred to as the GSM) are as follows:

1. Definition of initiator.
2. Preparation of documentation for the general meeting.
3. Notice of the general meeting.
4. Conducting a general meeting in the chosen form (in person, in absentia, in person and in absentia).
5. Registration of voting results.
6. Notification of the results of the OSS to owners and interested parties.
7. Sending documents to the housing supervision authority (GZHI).
8. Storage of documentation.

The general meeting is initiated by an active group or individuals, an extraordinary meeting is most often initiated by the owners. This right also applies to legal entities, for example, an existing management company (clause 7 of article 45 of the Housing Code of the Russian Federation).

The initiators can act through a representative, for which a power of attorney certified by a notary or executed in accordance with general requirements Art. 185.1 Civil Code.

To prepare for the general meeting, the following documents will be required:

1. Register of owners of apartment building premises.
2. Notice of holding a general meeting of owners.
3. Owner resolution forms.
4. Registration sheets.

Where and how to obtain these documents?

The register of owners of premises in an apartment building is needed in order to send notices of the general meeting and count votes on agenda items. It must include information about the owners of the premises of a particular apartment building, indicating the area of ​​the premises occupied by them. The document is an integral part of the minutes of the general meeting.

It can be obtained from the management organization of a particular building. If she refuses, you can create a register yourself. To do this, you need to ask the owners of the premises to submit registration certificates issued before July 15, 2016 or request information from the Unified state register real estate rights. After July 15, 2016, the right is confirmed by an extract from the Unified State Register, and paper certificates were canceled (letter of the Ministry of Construction dated November 17, 2016 No. 38396-OD/04).

Message (notification) about holding a general meeting

What should a notice about holding a general meeting of owners of premises in an apartment building contain?

The notice of holding a general meeting of owners of the premises of an apartment building shall indicate:

1. information about the person (persons) on whose initiative (whom) the meeting is convened;
2. form of holding the meeting (in-person meeting or absentee voting, meeting in person-absentee form);
3. date, time, place of the meeting or, in the case of this meeting being held in the form of absentee voting - the time, start and end date of the adoption of decisions of the owners on issues put to vote, the place or address where such decisions should be transferred;
4. meeting agenda;
5. the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, the place or address where they can be viewed.

Each owner of premises in an apartment building should be notified of the time and place of the general meeting no later than 10 days before the date of the general meeting. Depending on what method of notification was established by the general meeting, you can post a notice in the entrance or other publicly accessible place, hand the notice over to each owner for signature, or send it by registered mail (Part 4 of Article 45 of the RF Housing Code).

What issues are resolved at the general meeting of premises owners?

• Changing the management system or the way the house is managed.
• Creation/liquidation of HOA.
• Approval of the procedure for registration and storage location of the minutes of the general meeting of owners.
• House reconstruction and any issues related to warehouses and outbuildings for household needs.
• Dismantling of individual objects related to the building.
• Use of the local area.
• Lease of territory for shops or other purposes.
• Residents decide on the construction of a playground, parking, and a ban on the use of land owned by the house.
• Resolving issues regarding the allocation of funds collected for major repairs.

(Funds can go either to TSN’s own account or to the general state fund. Making such a decision does not require delay.)

Ways to manage an apartment building

Housing legislation provides for three ways to manage an apartment building (Part 2 of Article 161 of the Housing Code of the Russian Federation). The general meeting of premises owners chooses the most convenient and appropriate method of management and can change it at any time based on its decision (Part 3 of Article 161 of the Housing Code of the Russian Federation).

Method 1. Direct management of the owners of premises in an apartment building (Article 164 of the Housing Code of the Russian Federation)

Direct management is possible in an apartment building, the number of apartments in which is no more than thirty (Part 2 of Article 161 of the Housing Code of the Russian Federation). One of the owners of premises in such a house or another person with authority certified by a power of attorney (Part 3 of Article 164 of the Housing Code of the Russian Federation) has the right to act on behalf of the owners of premises in such a house in relations with third parties.

Method 2. Management of a homeowners association (HOA) or a housing cooperative or other specialized consumer cooperative

An HOA is created by the owners of an apartment building (by a decision of more than 50% of the owners) or the owners of apartments in several buildings, is a type of real estate owners' association, which is an association of owners of premises in an apartment building, and is registered as a non-profit organization (Clause 4, Part 2, Article 44, Part 1 of Article 46 of the Housing Code of the Russian Federation, paragraph 4 of paragraph 3 of Article 50, paragraph 2 of Article 291 of the Civil Code of the Russian Federation).

The purpose of the HOA is to manage the common property of the house and carry out activities to create, maintain, preserve and increase such property, provide utilities, carry out other activities aimed at achieving the goals of managing apartment buildings or sharing the property of the owners (Part 1 of Article 135 of the Housing Code RF).

The homeowners' association has the right to provide services and (or) carry out work on the maintenance and repair of common property in an apartment building on its own or to engage, on the basis of contracts, persons carrying out the relevant types of activities. If the HOA has entered into an agreement with the management organization, it controls the fulfillment of obligations under such agreement.

Method 3. Management of the management organization

Managing organization - commercial organization, providing management services for an apartment building on the basis of a license (Part 1.3 of Article 161 of the Housing Code of the Russian Federation).

In addition to the management method, the general meeting of premises owners must select a specific management organization, agree with it on the terms of the contract and the amount of fees for maintenance and repairs.

When choosing a management organization by the general meeting of premises owners, a management agreement is concluded with each owner on the terms specified in the decision of the general meeting (Part 1 of Article 162 of the Housing Code of the Russian Federation). Under the terms of the agreement, the management organization, within an agreed period for a fee, undertakes to provide services and carry out work for the proper maintenance and repair of common property in an apartment building, to provide public utilities owners of premises and persons using premises in this building, carry out other activities aimed at achieving the goals of managing an apartment building (Part 2 of Article 162 of the Housing Code of the Russian Federation).

The management agreement for an apartment building is concluded for a period of no less than one year and no more than five years (Part 5 of Article 162 of the Housing Code of the Russian Federation). At the same time, the owners of the premises have the right to terminate the management agreement on the grounds provided for in Part 8 of Art. 162 Housing Code of the Russian Federation. For improper provision of services, the management organization is responsible to the owners. At a general meeting, they have the right to refuse to execute a management agreement for an apartment building if the management organization does not fulfill the terms of such an agreement, and decide to choose another management organization or change the method of managing the house (Part 8.2 of Article 162 of the RF Housing Code).

Holding a general meeting

On the day of the meeting, members of the initiative group meet the remaining owners of the premises at the appointed place and at the agreed time. The owner of the premises can vote at the general meeting either personally or through a representative. The power of attorney for voting must contain information about the represented owner of the premises and his representative (name or designation, place of residence or location, passport details) and must be drawn up in accordance with the requirements of clauses 4 and 5 of Art. 185 of the Civil Code of the Russian Federation or certified by a notary. Information about persons participating in the in-person voting portion is entered into the registration sheets. Regardless of participation in the in-person voting, all owners vote in writing by filling out a decision form. The decision forms must be sent or issued in advance, and the date, time and place of receipt of the completed forms must be indicated.

The General Meeting cannot make decisions on issues not included in the agenda, nor can it change it.

The procedure is regulated in detail by Order of the Ministry of Construction of Russia dated July 31, 2014 No. 411/pr “On approval of the approximate terms of the agreement for the management of an apartment building and methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings"

What should the decision of the owner of the apartment building contain?

The owner's decision on issues put to vote must include the following information:

Owner information:

1. information about the person participating in the voting (full name of the voting owner (owner's representative), premises number, his share in the ownership of the premises);
2. information about the document confirming the ownership of the person participating in the vote to the premises in the corresponding apartment building (certificate form number or registration number from the Unified State Register of Real Estate);
3. decisions on each issue on the agenda, expressed in terms of “for”, “against” or “abstained” (Part 3 of Article 48 of the RF Housing Code).

If voting is carried out by a representative, he must attach a power of attorney. Legal representative who voted in favor minor owner(parent), must attach a copy of the minor’s birth certificate.

Information about the time, date and place of receipt of decision forms, signature of the owner or his representative. (A decision form without a signature is considered invalid and is not taken into account when counting votes based on the voting results).

It is very important to remember that the general meeting is valid (has a quorum) if the owners of the premises or their representatives with more than 50% of the votes of the total number of votes took part in it. The number of votes that each owner of a premises in an apartment building has at a general meeting is proportional to his share in the right, namely: 1 sq. m = 1 vote.

When resolving the issue of creating a TSN, the decision form, as well as the agenda, should include the following questions:

1. On the creation of a Real Estate Owners Association.
2. On approval of its name;
3. On approval of its charter;
4. On the election of its chairman;
5. About the choice of control method;
6. On termination of previously concluded management contracts.

To make a decision on the creation of TSN, more than 50% of the total number of votes is required. All owners who voted “FOR” the creation of TSN and approval of the charter must sign the minutes of the general meeting.

Registration of voting results

The Counting Commission processes the ballots and tallies the voting results. The composition of the counting commission is determined by the owners at the general meeting.

Only those votes for which the owner has chosen only one answer option in the written decision are counted. Otherwise, the decisions are considered invalid. If there are several questions on the agenda, one incorrect answer does not invalidate the entire decision (Part 6, Article 48 of the RF Housing Code).

The final decision of the general meeting is documented in a protocol with all voting ballots attached to it. The requirements for the protocol are regulated in detail by Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated December 25, 2015 No. 937/pr.

The required details of the protocol are:

1. Title of the document;
2. date and registration number of the minutes of the general meeting;
3. date and place of the general meeting;
4. title to the content of the minutes of the general meeting;
5. content of the minutes of the general meeting;
6. place (address) of storing minutes of general meetings and decisions of owners of premises in an apartment building on issues put to vote;
7. appendices to the minutes of the general meeting (if they are indicated in the content of the minutes of the general meeting);
8. signature of the chairman and secretary, members of the counting commission, or the initiator of the general meeting of premises owners, if the chairman and secretary were not elected.
9. Signatures of all owners who voted “FOR” the creation of TSN and approval of the Charter of the Partnership.

The text of the protocol has two parts: introductory and main.

Introductory - recorded statistics, facts.

When drawing up the minutes, this section indicates the following information: Initiator of the meeting.

For a legal entity, in accordance with the registration and constituent documents, the name of the organization is prescribed without abbreviations, OGRN. For an individual, in accordance with the identity document, the full name without abbreviations, the number of the residential premises, the owner of which is the individual, and the details of the document on ownership are indicated.

The chairman, secretary and composition of the counting commission are indicated.

List of members of the general meeting. The total number of votes of MKD owners. The total area of ​​the apartment building. Agenda. Presence/absence of quorum and competence of the meeting.

The main part contains the direct procedural aspects of conducting the face-to-face stage. The correspondence stage is not described.

Main part

The agenda and individual sections are written here (their number corresponds to the issues). Issues are put for consideration by the owners in accordance with the notice of the meeting. The agenda may include one or more issues. The questions are numbered.

It is prohibited to add a “Miscellaneous” item or discuss various issues within it. It is prohibited to put on the agenda items that are not included in the notice of the meeting.

Questions with different contents cannot be combined in a single formulation.

The main part includes 3 sections:

Part 1. “Listen” - here is written the full name of the speaker at the meeting, the serial number, the content of the issue according to the agenda, an abbreviated content of the speech or an indication of the appendix with the text of the speech.

Part 2. “Proposed” - unambiguous and short summary proposals on the issue being voted on.

Part 3. “Decided” - decisions regarding all issues on the agenda: the wording can be “for”, “against”, “abstained”. Be sure to write down the number and exact wording of the issue according to the agenda, as well as the sum of votes on different items.

The decision may have several numbered paragraphs.

Information about those present and invited

Those present at the meeting are individuals and legal entities who have the right to vote at the meeting (they have the right of ownership of the premises in the apartment building). Invited to the meeting - persons who are present at the meeting but do not have the right to vote. Most often these are lawyers or other experts.

After the word “Present”, information about all persons present at the general meeting is entered.

They include:

For individuals- Full name (if available) of the owner of the premises in an apartment building and (or) his representative (if he takes part in the general meeting).

For legal entities - the name written without abbreviations and OGRN legal entity. persons according to the registration and constituent documents, the name and details of the document that confirms the ownership of the premises, the total number of votes owned by the corresponding person. Full name (if any) of the representative of the legal entity (the entry is made in accordance with the identification document), name and details of the document confirming the authority of the representative of the legal entity, signature of this person.

They are indicated according to the citizen’s identity document. Write down the number of the premises in an apartment building, the owner of which is an individual and the details of the document confirming the ownership of the premises. The number of votes of the relevant person, the name and details of the document confirming the authority of the representative of the owner of the premises (subject to participation in the general meeting and voting), and the signatures of all specified persons are indicated.

Data on the persons present at the meeting can be compiled in a list if their number exceeds 15 people. It also records information about those present in accordance with the above requirements of clause 12 of the Order.

The list is a mandatory appendix to the minutes of the general meeting. In the protocol itself, the note “List attached, Appendix No. ____” is placed immediately after writing the total number of those present.

A mandatory appendix to the minutes of the general meeting is:

1. register of owners of premises in an apartment building, containing information about all owners of premises in an apartment building, indicating the last name, first name, patronymic (if any) of the owners - individuals, the full name and OGRN of legal entities, numbers of premises owned by them, and details of documents confirming rights ownership of the premises, the number of votes held by each owner of the premises in an apartment building;
2. notice of the general meeting, issued in accordance with clause 5 of Art. 45, paragraph 4, art. 47.1 Housing Code of the Russian Federation.
3. a register of delivery of messages to owners of premises in an apartment building about a general meeting, containing information about the owners of premises in an apartment building (representatives of owners) to whom messages were sent, and the method of sending messages, the date of their receipt by the owners of premises in an apartment building (representatives of owners), with the exception of the case in which the decision of the general meeting stipulates that a notice of the general meeting is posted in the premises of a given house, determined by such a decision and accessible to all owners of premises in a given house;
4. a list of owners of premises in an apartment building who were present at the general meeting, containing information about the owners of premises in an apartment building (representatives of the owners).
5. powers of attorney (or copies thereof) or other documents (copies thereof) certifying the powers of representatives of the owners of premises in an apartment building who were present at the general meeting. If a parent voted for a minor child, the child’s birth certificate must be attached;
6. documents on which decisions were made at the general meeting during the consideration of issues included in the agenda and put to vote;
7. decisions of the owners of premises in an apartment building in the case of a general meeting in the form of absentee or absentee voting;
8. other documents or materials that will be determined as a mandatory appendix to the minutes of the general meeting by a decision at the general meeting adopted in the prescribed manner.

The minutes of the general meeting are prepared within the time limits established by the general meeting of owners of the premises of an apartment building, but no later than 10 days after the meeting.

Report on the results of the meeting

The final decision of the general meeting of owners is drawn up in the form of a protocol with all voting ballots attached to it. The initiator of the meeting must make public the decisions adopted by the general meeting, as well as the voting results. To do this, you need to post a message on the premises of this house, which is determined by the decision of the general meeting and is available to all owners.

All owners must be notified no later than ten days from the date of adoption of these decisions (Part 3 of Article 46 of the Housing Code).

Submitting the minutes of the general meeting of owners of apartment building premises to the supervisory authority

The procedure for transferring copies of minutes of the general meeting of premises owners is established by Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated December 25, 2015 No. 937/pr.

1. In connection with the adoption of Federal Law No. 485-FZ of December 31, 2017, the Managing organization, the board of the HOA, residential complex, housing cooperative after 01/11/2018. are obliged to send not copies, but originals decisions and minutes of the general meeting of owners of premises presented to them in accordance with Part 1 of Art. 46 of the Housing Code of the Russian Federation by the person who initiated the general meeting of owners of premises in an apartment building, to the state housing supervision body of the constituent entity of the Russian Federation on whose territory the apartment building is located, the owners of the premises in which the general meeting was held.

2. Originals decisions and protocols must be submitted within five days from the time they were received from the initiator by the management organization, the board of the HOA, residential complex or housing cooperative. The delivery must be formalized in such a way that it is possible to confirm the fact and date of receipt of the documents by the state housing supervision authority. In addition, the obligation to place in a state information system housing and communal services (hereinafter referred to as the system) of electronic images of decisions, protocol in electronic form.

3. Copies of decisions, protocol are considered transferred in the case when the electronic image of the decisions, protocol is in open access and is available for viewing in the system, as well as when transferring decisions, protocols in any other way other than posting in the system - if the management organization, board of a homeowners association, housing or housing construction cooperative, or other specialized consumer cooperative has a document confirming the fact and the date of their transfer to the state housing supervision authority.

Storage of materials from the general meeting of owners of apartment building premises

In connection with the adoption of amendments to the Housing Code of the Russian Federation Federal law No. 485-ФЗ dated December 31, 2017, from January 11, 2018. Now it is allowed to store only copies minutes of general meetings of owners of premises in an apartment building and decisions of such owners on issues put to vote, at the place or address determined by the decision of this meeting. (clause 4 of article 46 Housing Code RF).

1. 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).

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

Making decisions on the reconstruction of an apartment building (including its expansion or addition), construction 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 for managing an apartment building;

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).

2. Owners of premises in an apartment building are required to annually hold an annual general meeting of owners of premises in an apartment building (Articles 45 - 48 of the Housing Code of the Russian Federation).

The general meeting of owners of premises in a multi-building building can be initial, regular or extraordinary.

Owners of premises in an apartment building at a general meeting are required to choose one of the methods of managing the apartment building:

Direct management of premises owners in an apartment building;

Management of a homeowners' association or housing cooperative or other specialized consumer cooperative;

Management of a management organization (Article 161 of the Housing Code of the Russian Federation).

3 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.

4. Forms for holding a general meeting of owners of premises in an apartment building.

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

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;

In person - in absentia form, providing for the possibility of voting in person on the agenda and making decisions on issues put to vote, as well as the possibility of transmitting written decisions on issues put to vote in fixed time to the place or address indicated in the notice of holding a general meeting of owners of premises in an apartment building;

In the form of absentee voting - without the joint presence of the owners of the premises by transmitting in writing the decisions of the owners on the issues put to vote (Article 47 of the Housing Code of the Russian Federation). The form of absentee voting is applicable when resolving any issues within the competence of the general meeting.

5. Initiator (organizer) of the general meeting of premises owners.

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

The initiators of the general meeting of owners may be:

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

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 is created);

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 is created), HOA members or the audit commission (it is recommended to provide for the right to convene a general meeting in the HOA charter - Article 146 of the Housing Code of the Russian Federation);

At the choice of the management organization - the owners of the premises in this house (parts 2, 3 of article 161 of the RF Housing Code) or the territorial executive body (part 6, article 161 of the RF Housing Code).

Owners holding at least ten percent of the votes of the total number of votes of premises owners in the plural. house, has the right to apply in writing to the management company or the board of housing cooperatives or homeowners associations with a proposal to hold a general meeting of owners in the house. At the same time, issues to be included on the agenda of the general meeting must be formulated. The management company, HOA, or housing cooperative within 40 days from the receipt of such an appeal, but no later than 10 days before the date of the general meeting, notify each owner of the premises in the house about this in the prescribed manner, and also draw up Required documents based on the results of this meeting.

Initiator of the general meeting of owners in many. The house may also have a management company that manages this multiplicity. home.

6. Preparation of a general meeting of owners of premises in an apartment building.

The initiative group develops the documentation necessary for holding the general meeting, forms the agenda, selects the premises in which the general meeting is supposed to be held, places information and documentation, and also determines the date and place of the general meeting.

After determining the agenda for the meeting and preparing the necessary documentation, communications about the meeting are prepared and sent.

Besides, initiative group is also considering other issues related to the holding of the general meeting:

Identification of all owners in a given apartment building; a preliminary survey of residents’ opinions on the choice of management method, as well as an explanation current legislation on the issue of managing an apartment building; identification of organizations specializing in the management of apartment buildings;

Determination of the share of each owner in the common property of an apartment building; determination of candidates for the chairman of the general meeting, secretary, counting commission, etc.

7. Determination of the share in the right of common ownership of common property in an apartment building.

The share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of ​​​​the specified premises (Clause 1 of Article 37 of the Housing Code of the Russian Federation).

The list of common property of owners of premises in an apartment building, to which ownership rights arise for all owners of premises in a given building, and the procedure for determining shares in the right of common ownership is established by Art. Art. 36, 37 Housing Code of the Russian Federation.

The exact determination of the share in the right of common property is of exceptional importance, since on the basis of it the degree of participation of each specific owner in the management and disposal of common property is established and the amount of payment for the maintenance and repair of common property is calculated.

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, located in the corresponding types of property (private, municipal).

8. Holding a meeting of owners in person.

Articles 45 - 48 of the RF Housing Code regulate the procedure for holding meetings. The initiators of the general meeting are obliged to inform the owners of the premises in this apartment building about the holding of such a meeting no later than 10 days before the date of its holding.

The message must indicate the following:

Information about the person (or persons) on whose initiative (or persons) this meeting is convened;

On the form of holding this meeting;

About the date, place, time of this meeting;

About the meeting agenda.

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 may be challenged in judicial procedure(Part 2 of Article 46, Article 146 of the RF Housing Code).

Most in a simple way familiarization with the materials, as well as with the decisions adopted by the general meeting, will include the placement of relevant information in a certain room of this apartment building, accessible to each owner of the premises in this building. The procedure for posting information is established at the first general meeting of premises owners and must be communicated to each owner

(Part 1 of Article 45 of the RF Housing Code).

The legislation pays special attention to the procedure for notifying the general meeting of premises owners.

To convene the very first general meeting of owners of many. home, it is advisable for the initiators of such a meeting to either send a notice to each owner by registered mail or hand it over against signature.

Strict compliance with the requirements of parts 4 and 5 of Art. 45 of the RF Housing Code to the notice of a general meeting is a necessary condition for the validity of this meeting. In case of non-compliance, the decisions of the general meeting can be challenged in court (Part 6 of Article 46 of the RF Housing Code).

9. Competence of the general meeting.

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

The presence of the owners at the meeting and the presence of a quorum is confirmed by the registration sheet of participants indicating the last name, first name, patronymic, address, details of the certificate of ownership of the premises, share in the right of common ownership of the property, the signature of the owner with the attachment of a power of attorney, if a representative of the owner takes part in the meeting.

10. Decisions of the general meeting.

Decisions of the general meeting of owners of premises in an apartment building are made:

By a majority (at least two-thirds) of the votes of the total number of votes of the owners of the premises - on issues of making decisions on the reconstruction of an apartment building, the construction of outbuildings and other buildings, structures, the repair of common property, on the limits of use of the land plot on which the apartment building is located, in including the introduction of restrictions on its use, on the transfer for use of common property in an apartment building (Articles 44, 46 of the Housing Code of the Russian Federation);

By a majority vote of the total number of votes taking part in this meeting - on other issues (Articles 44, 46 of the Housing Code of the Russian Federation). Decisions on the reconstruction of an apartment building, which will result in a reduction in the size of the common property, are made only with the consent of all owners of the premises (clause 3 of Article 36 of the Housing Code of the Russian Federation).

The right to vote at a general meeting of owners of premises in an apartment building on issues put to vote 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).

In accordance with paragraph 1 of Art. 48 of the Housing Code of the Russian Federation, voting at a general meeting of premises owners is carried out by the owner both personally and through his representative. In this case, the power of attorney issued by the owner to the representative can be executed in simple written form and certified at the place of work, study, or residence (in accordance with the requirements of paragraphs 4, 5 of Article 185 of the Civil Code of the Russian Federation).

Voting is carried out on each item on the agenda immediately after its discussion. Voting can be carried out in several ways: through a show of hands, through mandates or written decisions of the owners, which indicate the share in the right of common ownership of common property and the number of votes that the owner has (clause 4 of article 48 of the RF Housing Code).

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 commission is proposed by the initiators of the general meeting and approved by the general meeting.

13. Registration of the decision of the general meeting.

The decision of the general meeting is documented in minutes in the manner established by the general meeting of owners of premises in a given building

(Clause 1 of Article 46 of the RF Housing Code).

Minutes, as well as notifications of the general meeting and decisions of the owners, are stored in a place or at an address that is also determined by the decision of this meeting (Clause 4 of Article 46 of the Housing Code of the Russian Federation). The Housing Code of the Russian Federation does not establish any requirements for the form of the protocol, but any regulations There are no rules governing its conduct. But there is an established practice of keeping minutes, it is well known, and owners of premises in an apartment building holding a general meeting are recommended to follow it.

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, by the initiator of such meetings within ten days from the date of adoption of these decisions (Part 3 of Article 46 of the Housing Code of the Russian Federation). Based on this requirement, the minutes must be drawn up no later than ten days from the date of the general meeting of premises owners.

Within 10 days after the general meeting, copies of decisions and minutes of the general meeting of owners of premises in the house by the initiator of the general meeting must be sent to the management company, HOA, or housing cooperative, depending on the chosen method of managing the house (Article 46 of the Housing Code of the Russian Federation).

From July 1, 2016, management companies, homeowners' associations, or housing cooperatives, within 5 days of receiving these decisions and protocols, are required to send copies of these documents to the state housing supervision authority for storage for three years.

14. General meeting of premises owners in the form of absentee voting.

Article 47 of the RF Housing Code establishes essential right owners of premises in an apartment building - the right to hold a general meeting of these owners without their joint presence through absentee voting, determines the features of the general meeting in the form of absentee voting, if there was no quorum at the in-person meeting.

The notice of holding an absentee meeting of owners must indicate the following:

Information about the person on whose initiative this meeting is convened;

The form of holding this meeting is absentee voting;

The date and time of the end of the reception of decisions of owners on issues put to vote, the place or address where such decisions should be transferred;

Meeting agenda;

The procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, as well as the place or address where they can be viewed, contact number initiator of the meeting.

The notice of holding a general meeting in the form of absentee voting differs from the notice of holding a general meeting in person in only one way. Instead of reporting the place and time of the meeting, the place, date and time of the final adoption of decisions of the owners on the issues put to a vote are indicated (clause 5, paragraph 3, article 45, article 146 of the Housing Code of the Russian Federation).

The procedure for notifying about a meeting in absentia does not differ from the procedure for notifying owners of premises about a meeting in person (Clause 4, Article 45, Article 146 of the Housing Code of the Russian Federation).

15. Competence of the general meeting.

A general meeting in absentia is valid under the same conditions as in person: if it was attended by the owners of premises in a given building or their representatives with more than fifty percent of the votes of the total number of votes of the owners (Article 45 of the Housing Code of the Russian Federation).

It is advisable for the owners of premises in an apartment building, along with a notice of holding such a meeting indicating the agenda, to immediately send the owner’s decision form on each issue put to a vote, which the owner fills out in his own hand and signs. If a decision is made for the owner of the premises by a trusted person, a power of attorney must be attached to the decision.

In Part 3 of Art. 47 residential complexes of the Russian Federation have been installed mandatory requirements, presented to the owner's decision. Compliance with these requirements is of great importance, since their violation may entail the recognition of the decision of the general meeting as invalid (Part 6 of Article 46 of the RF Housing Code):

The decision must be in writing;

The owner's decision must necessarily contain information about the person participating in the vote;

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

Decisions on each issue on the agenda, expressed in terms of “for”, “against”, “abstained”.

The decision must be formulated in such a way that it does not have a double meaning and excludes any inaccuracy in the formulation, which could be clearly answered with one of the given options.

The law clearly establishes that the notice of a meeting of premises owners in the form of absentee voting must indicate the address for submitting the decision, as well as indicate a specific deadline by which the premises owners can send their decisions.

Those who took part in the general meeting of owners in the form of absentee voting are considered to be the owners of premises in a given building whose decisions were received before the closing date for their reception specified in the notice of the general meeting, and the competence of the general meeting is determined by the number of votes expressed in these decisions (clause 2, Article 47 of the Housing Code of the Russian Federation).

By date we mean day, month, year and time.

To summarize the voting results, a counting commission must be created, the issue of its creation being put on the agenda of the general meeting. Its composition is proposed by the initiators of the general meeting and approved by the general meeting.

When voting on issues raised, votes are counted on those issues for which the owner participating in the vote left only one of possible options voting. Decisions executed in violation of this requirement are considered invalid and votes on them are not counted.

18. Registration of the decision of the general meeting in absentia voting.

The decision of the general meeting in absentia is documented in minutes in the manner prescribed when holding a general meeting in person. Minutes, as well as notifications of the general meeting and decisions of the owners, are stored in a place or at an address that is also determined by the decision of this meeting (Clause 4 of Article 46 of the Housing Code of the Russian Federation). The protocol must indicate the date and place of summarizing the results of absentee voting, the agenda, and the quorum.

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

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

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

Quorum as a form of vote counting

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

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

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

Preliminary work

Before calculating the quorum of the general meeting of owners, it is necessary to have certain information. First of all, this is the exact area of ​​your apartment building. Current and accurate information, in accordance with Government Decree of the Russian Federation No. 491 of August 13, 2006, regarding the approval of rules for the maintenance of common household property, is contained in Rosreestr. Point four of this resolution states that if the information in technical documents and the Unified State Register of Real Estate does not coincide; you should be guided by the data of the latter (Rosreestr). This also means that to clarify the total area, you should immediately contact this authority.

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

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

Explanations and examples

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

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

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

Voices of homeowners

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

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

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

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

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

Shared ownership and co-ownership

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

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

Making decisions

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

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

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