Alexander, s Article 45 Housing Code of the Russian Federation obliges property owners to apartment building hold general meetings of owners annually and establish the timing and procedure for their holding.
To conduct an absentee vote (as well as to conduct an in-person meeting), it is necessary to send a message to each owner of the premises in an apartment building about the holding of an absentee vote. The general meeting is valid under the same conditions as an in-person meeting: if the owners of the premises in this particular building took part in it house or their representatives holding more than fifty percent of the votes of the total number of votes of the owners (Article 45 of the RF Housing Code.)Solutions general meeting owners of premises in a residential apartment building are received in the same way as at an in-person meeting of owners of premises in an apartment building.

A general meeting in the form of absentee voting is held by transmitting to the place or address indicated in the notice of the general meeting, decisions of the owners in writing on issues put to vote. To the owners of premises in an apartment building, along with a notice of such a meeting indicating agenda, it is advisable to send the owner’s decision forms 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. 47th residential complex of the Russian Federation installed mandatory requirements, presented to the owner's decision. Compliance with these requirements is of great importance, since the contrary may entail invalidation of the decision of the general meeting
(Article 46, Part 6 of the RF Housing Code):

The solution must be in mandatory 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 “for”, “against”, “abstained”. That is, the decision must be formulated in such a way that it does not have a double meaning, excludes any inaccuracy in the formulation, and can be answered unambiguously with one of the given options.

The law establishes that the notice of a meeting of owners of premises in the form of absentee voting must indicate the place or address for presenting the decision, as well as a specific period by which the owners of premises can send their decisions. Those who took part in the general meeting of owners in the form of absentee voting are considered owners of premises in a given building, whose decisions were received before the end date of 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 of Article 47 of the RF Housing Code). The date should be understood as day, month, year and time. The principles of voting when holding a general meeting of owners of premises in an apartment building correspond to the principles of voting at a meeting in person.

To summarize the voting results, a counting commission must be created. Its composition is proposed by the initiators of the general meeting and approved by the general meeting. When voting on issues put to vote, votes are counted on those issues on which only one of the owners voting is left possible options voting. Decisions drawn up in violation of this requirement are declared invalid and votes on them are not counted. The owner’s decision may contain several questions, in this case, failure to comply with the requirement to leave only one answer option for one question does not entail recognition invalid decisions for other questions (Clause 6 of Article 48 of the RF Housing Code). The decision of the general meeting 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 RF Housing Code). The protocol must indicate the date and place of summarizing the results of absentee voting, the agenda, and the quorum.

Homeowners' association, as a form of management of apartment buildings, is relevant today. Its functions are quite extensive, including the ability to hold several forms of meetings at once. As a rule, the full-time course is conducted first, and then the correspondence course. This sequence cannot be changed. All acts adopted by the HOA must be open to review.

Difference between forms of voting

According to federal regulations, if the HOA was chosen as a way to manage the apartment building, then all decisions made as part of the general meeting must take several forms:

• open voting;
• semi-closed expression of will.

If the full-time/correspondence form is used, then in this case Some owners may not be directly present at the meeting for one reason or another. To clarify their decision regarding the agenda, an additional personal survey is carried out, where their opinion is clarified.

The decision of the general meeting can also be delivered to their home.

Order of conduct

It seems possible to distinguish several stages in this form:

1. Preparatory.

At this stage, a document is drawn up that marks the agenda. It indicates the issues to be voted on, the place where it will be held, responsible person and other most important housing aspects.

1. The direct process of casting and counting votes.

When choosing an in-person or absentee form of voting, you need to take into account that it is advisable to use it in situations where it is necessary to obtain at least two-thirds of the votes or a quorum. As a rule, such a need arises when determining a housing and communal management scheme, clarifying financial issues etc. In-person voting is carried out open method, in accordance with federal state legislation. To do this, the votes of those present at a certain address at a certain time are counted.
In absentia, as a rule, it is carried out after the in-person one. This is a kind of survey. Also, during such a vote, citizens must be notified of the decision made as part of an open poll.

1. Presentation of results.

The results of in-person and absentee voting are documented in a document that must be in open access. It indicates the number of participants, acts adopted during the questionnaire, establishes organizational issues and notes the responsible initiator of the plebiscite. Also, this document should reflect the number of voters both “FOR” and “AGAINST” a particular issue that was put on the agenda.

Organizational issue in case of in-person/correspondence delivery

Since the in-person and absentee form is quite specific, the agenda standard published before the meeting must indicate the regulation of its holding, during what date the in-person and absentee parts will be held and other significant issues. All this is necessary for the meeting to be recognized as legal and held in accordance with Russian legislation.

Deadlines for absentee voting in an apartment building

Main regulatory legal act, regulating the activities of HOAs, is the Housing Code of the Russian Federation. This is where all the essential aspects of holding meetings are reflected. A significant omission in modern law is that it does not define a date in the form of the start and end dates for absentee voting.

Based on the general meaning of civil law, it must occur within a reasonable time. Typically, the notice of meeting contains the date of receipt. authorized body ballots required from residents.

Is it possible to conduct absentee voting without in-person voting?

This possibility is allowed in accordance with Russian legislation. Absentee voting, as an independent form of holding a general meeting of owners, can be implemented, as a rule, on minor organizational issues for which, in accordance with the law or the charter of the organization, more than half of the votes of the residents are not required. As a rule, such meetings rarely occur in residents' households. This is due to the fact that in the future they can easily be challenged in court.

Registration of results

When implementing the HOA policy in the form of in-person, absentee, or simultaneously both of these forms of voting, executive agency At the end of the counting of votes, the cooperative issues a special act called a protocol. It reflects:

• in what area HOA activities the question was accepted
• what decisions were made, when they are to be made;
• whether several forms of voting took place in parallel;
• what was the participation, voting procedure, etc.

This act is signed by the chairman of the HOA.

In that situation, if it reflected false information or it affects the rights and legitimate interests of other persons, it can be appealed both to the HOA itself and to government agency authorities exercising control and supervision over the housing and communal services sector.

Minutes of the general meeting of owners in absentia: sample

The protocol is a written act, which must reflect:

1. The name of the body that held this meeting, its full corporate name and legal address.
2. Date of announcement of the agenda.
3. On what occasion was the vote taken?
4. What theses and proposals were expressed by the residents.
5. The procedure and timing of both full-time and correspondence parts.
6. Number of votes of residents.
7. Acts adopted during the meeting.
8. Date of preparation of the protocol and signature of the authorized person.

Sample decision of the owner for in-person and absentee voting

In a situation where there was not an ordinary, but an absentee vote, the owner who did not participate openly can express his decision in writing. It must indicate on what issue he is sending his response, his place of residence, last name, first name and patronymic, as well as the date of signing the act.

Sample decision ⇐

No later than ten days from the date of the actual meeting, bodies with special competence must fulfill their duty to notify citizens living in an apartment building about the voting results. All protocols and acts must be in the public domain! For example, on the organization’s website or at an information stand.

For refusal to provide the requested information, the perpetrators may be subject to administrative liability. If a fraudulent component is detected, there may be criminal liability.

Thus, the law allows for the possibility of making decisions in two parts - in person and correspondence forms simultaneously. In both cases, decisions must be made in the manner and according to the rules provided for by current Russian legislation.

All homeowners take part in their management. Some issues can only be resolved by the residents of the house at a general annual or extraordinary meeting. To carry it out, the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation, code) has established a certain procedure.

Not all residents are ready to attend the meeting in person, so the possibility of absentee participation in the event is provided. In fact, residents vote on agenda items and then submit their decisions to an authorized person. About the rules for holding an absentee meeting of owners apartment building(hereinafter referred to as MKD), we will describe further.

The initiators of the meeting notify all other owners of the meeting.

Homeowners in apartment buildings can independently choose the order of voting and making decisions at the meeting. The Code provides only three voting options:

• in person;
• in absentia;
• mixed (full-time and part-time).

Persons who want to gather the residents of the house to resolve issues of managing it must decide on the form of the meeting, the date of its holding, and the agenda. Then the initiators of the meeting notify all other owners of premises in the house about its holding. This should be done no later than ten days before the collection date.

Must be in writing. Uniform form This document is not specified, but the following information is required to be included:

1. Information about the initiators of convening this meeting.
2. The form of its implementation.
3. The date, specific time and place of this meeting. When using the absentee method, the time by which you must provide your votes is indicated, as well as the place for collecting votes from all owners of the apartment building.
4. Agenda for this meeting. However, after the notification has been transmitted to the residents of the house, its content cannot be changed. And decisions on issues not included in the agenda are not allowed.
5. The procedure, place and time of familiarization with materials (information) that relate to the issues discussed at the meeting.

Notification can also be sent in several ways. One of them is sending the document by mail by registered mail with notice. It can also be handed over to the owners in the apartment building against signature. Residents of the house can also install others to notify about the upcoming meeting. For example, placement on an information stand inside or outside the house. The main thing is that this information is available to all residents.

Legality of the meeting

All owners in the apartment building must be notified of the upcoming meeting. However, a 100% turnout or vote of all residents is not required for its holding. The validity of the meeting's decisions depends on the presence (absence) of a quorum.

A quorum is achieved if owners whose number of votes exceeds 50 (fifty) percent of their total number participate in voting (in person or through representatives). If we are talking about the annual final meeting, then the absence of a quorum entails its reconvening.

Absentee voting decisions

Usually the OS are accepted in the presence of a quorum (50% of the votes). Some questions require more votes (2/3 of the total). When voting by absentee voting, in addition to the notification, all residents are given a decision form to fill out.

Once completed, it must be submitted within the prescribed period to the place specified by the notification. If the form is not filled out by the tenant himself, then a power of attorney or other document confirming the authority to sign it must be attached.

Requirements for the decision of residents of apartment buildings

Written forms are usually provided to express your views on meeting matters. In them, all owners indicate information about themselves, the premises they occupy, and the decisions made. The document must also have a date of completion and a signature.

Forms (ballots) should be filled out in accordance with the rules adopted in this ICD. Most often, they themselves indicate the order in which they express their opinions. All questions can be presented in a table in which you need to put a tick (another sign) in the appropriate column.

Typically, ballots contain answer options such as “for”, “against”, “abstained”. The completed form must be accompanied by documents proving the identity of the tenant and his rights to the occupied premises. When signing the form by another person, you must confirm his authority.

Copies of adopted decisions and protocols must be sent to the management company or housing cooperative within ten days from the date of the meeting. Copies of these documents must also be stored in a place designated for these purposes by the owners. If desired, all owners in the apartment building have the right to study them,

Voting conducted in absentia does not require the personal presence of residents of the house. It can be carried out in the usual way or in in electronic format. In the first case, voting is carried out in the form of a poll. All residents are provided with forms to indicate their opinion on the stated agenda.

These forms are completed and given to the person authorized to collect them. Usually the document indicates by what time a decision must be made and its results reported. This indicates not only the date, but also the time of transmission of the document.

When carrying out the voting procedure using automated systems there are some peculiarities. It is necessary to select a person who will be the administrator of such a meeting. It must be notified of the upcoming meeting two weeks in advance.

Next, the administrator, ten days before the date of its holding, publishes a notice of holding an absentee meeting. Decisions can be made by owners electronic form or by filling out a form. conducting such a vote lasts from three to five days.

Results of the voting

After receiving completed forms or answers in electronic form, summing up begins. The calculations are carried out by a special commission, the composition of which must be determined by the residents of the house. When summing up, it is important to study all forms.

The following points should be established:

• the number of all completed forms;
• the number of all residents of the apartment building;
• correct completion of the provided form;
• presence of the necessary quorum;
• the correctness of all meeting procedures.

If filled out incorrectly or not filled in completely, then such vote cannot be accepted. Introduced later deadline the form also cannot be taken into account. The votes of those who filled it out are not counted.

The results of the meeting are communicated to all residents. If they wish, they can familiarize themselves with the formalized decision, the minutes of the meeting and the results of the calculations. After all, copies of documents must be stored in the designated place.

If there are violations in the voting form on one of the questions, this does not entail the automatic invalidation of the remaining points. Therefore, different numbers of votes may be counted on different issues.

Registration of decisions made in absentia

After summing up, all valid decisions of the OS must be formalized. All decisions made included in a written document. Its role is played by the minutes of the meeting.

This document should reflect the following information:

• name, date, specific and location of the OS;
• initiators of its convocation;
• number of participants present (voting);
• secretary and chairman of the meeting;
• issues put to vote;
• presence (or absence) of the required quorum;
• results of the voting;
• decisions made on the OS;
• signatures of the secretary, as well as the chairman of the OS.

The original protocol is kept in a place determined by the residents. A copy of it must be sent within five days to the management company, HOA or housing cooperative. These organizations, in turn, must submit a copy of this document to the housing supervisory authorities.

There the specified protocol will be stored for the next three years. Decisions approved by the OS are binding on persons who own property in the apartment building. This rule applies even when they did not participate in the OS.

Conclusion

Residents who own apartments (other premises) in an apartment building must own a house. All decisions must be made in a special manner in compliance with the requirements of the Housing Code of the Russian Federation. The OS can be carried out by making decisions in absentia on agenda items.

The results of the conducted OS are documented in a written protocol. Decisions are considered valid if there are a sufficient number of voters. They are mandatory for all residents of apartment buildings, even those who did not vote at all.

On the general meeting of owners of premises in the apartment building.

Now general meeting of owners premises in an apartment building can be carried out in person and in absentia in accordance with Federal Law No. 176 of June 29, 2015. In fact, in the past, meetings of residents were often held in exactly this form, since rarely did anyone manage to gather all the owners of premises in an apartment building in person in one place and at the same time.

Therefore, they acted in this way: first they held an in-person vote, and then, due to the lack of a quorum, the previous time a form of absentee voting was carried out on the same agenda. In other words, the general meeting of apartment building residents was secretly held in the form of in-person and absentee voting. However, this form has its own distinctive features from successively held in-person and absentee forms of meetings of residents.

Differences

The key difference between the in-person and absentee form of voting, first in person and then in absentia, is the integrity of the action. Thus, these are not 2 different meetings held sequentially for reasons of the need to obtain a quorum, but a single event consisting of 2 parts. In addition, the law does not prohibit holding a meeting in person and in absentia simultaneously according to 2 schemes, that is, it can be held not in stages, but in parallel in the form of the direct presence of residents and in the form of their absentee voting. In this case, they will be taken into account, counted together and issued in 1 OSS protocol all, without exception, in-person and absentee votes of owners. And with other forms of holding a general meeting, 2 separate ones will be held.

Despite the fact that in-person and absentee voting can be carried out simultaneously in the form of an in-person and absentee meeting, it is advisable to determine the end time for accepting absentee decisions of owners. In this case, it will be possible to manage the meeting and timely monitor whether a quorum of those present in person has been reached, as well as accept the results of absentee voting along with each decision received from the owners.

A pleasant point is the fact that it does not matter whether a quorum was reached or not during the in-person part of the voting, since all in-person and absentee votes are summed up. And only after both forms of the meeting are completed, votes are counted to determine the presence of a quorum.

The in-person and absentee form of the meeting is especially convenient when considering issues on which at least 2/3 of the votes of residents are required to make a decision (Parts 1-3.1, 3.2-3.5 of Article 44 of the Housing Code of the Russian Federation). When a meeting on such issues is held first in person and then in absentia, it is possible that a quorum of more than 50%, but less than 2/3 of the votes, is gathered at the meeting in person. In this case, the meeting in person is considered to have taken place if a quorum is present, but absentee voting cannot be held.

Thus, decisions for which at least 2/3 of the votes of residents must be cast cannot be made and the meeting will have to be held again. In such a situation, the in-person/absentee form of the meeting has a significant advantage and is the best option for making decisions by the residents of the house.

The decisions of the general meeting of owners of premises in apartment buildings, as in previous cases, are documented in the minutes of the general public meeting. Decisions and the protocol of the OSS are official documents, therefore, their falsification may result in criminal liability (more on this in another

When holding a general meeting of owners of premises in an apartment building by absentee voting (hereinafter referred to as the absentee general meeting), it should be taken into account that its holding is subject to all the provisions of Chapter. 6 Housing Code of the Russian Federation in terms of holding general meetings of owners of premises in an apartment building, taking into account the features established by the Housing Code of the Russian Federation.

Holding an absentee general meeting is possible only if the general meeting of owners by joint presence did not take place due to the lack of a quorum. At the same time, only those issues that were included in the agenda of the failed in-person general meeting (Part 1 of Article 47 of the Housing Code of the Russian Federation) can be raised for consideration at the absentee general meeting.
Thus, the basis for holding an absentee general meeting may be an act recording the fact that the general meeting in person did not take place.
An absentee general meeting is held by transmitting to the place or address indicated in the notice of a general meeting of owners of premises in an apartment building, written decisions of the owners on issues put to vote (parts 1 and 3 of Article 47 of the Housing Code of the Russian Federation) .
Preparation for holding an absentee general meeting involves preparing and sending to the owners of premises messages about holding an absentee general meeting in the manner specified for sending messages about holding an in-person general meeting ( approximate sample The notice of holding an absentee general meeting is given in Appendix 11).
Instead of information about the time and place of holding an in-person meeting indicated in the notice of holding an in-person meeting, the notice of holding an absentee meeting must indicate the place or address to which decisions of the owners should be transferred, and the end date for accepting such decisions. In addition to this information, it is necessary to indicate the need to attach to the owner’s decision copies of documents confirming the person’s ownership of the premises in the house, copies of documents identifying the owner and his representative, as well as a power of attorney for the representative if the decision is made by the owner’s representative.
According to Part 3 of Art. 46 of the Housing Code of the Russian Federation, the owner’s decision on issues put to vote must indicate:
1) information about the person participating in voting;
2) information about the document confirming the ownership of the person participating in the vote to the premises in the corresponding apartment building;
3) decisions on each issue on the agenda, expressed in terms of “for”, “against” or “abstained”.
Thus, to the notice of holding a general meeting of owners, it is necessary to attach, in addition to the documents whose approval is planned by the decision of the general meeting, a draft decision of the owner. It is recommended that the owner’s draft decision be drawn up similarly to the voting sheet when holding an in-person general meeting (see Section IV), taking into account the specified requirements of the law (an approximate example of the owner’s decision is given in Appendix 12).
If a general meeting is held by an initiative group of owners, the address of the apartment of one of the members of the initiative group can be indicated as the place to which the owner’s decision should be transferred. In the event of a general meeting of the organization managing the house, you can indicate the address of its actual location or location separate division in this house. When organizing and holding a meeting by a specialized organization (for example, law firm) the actual location of such an organization can be indicated as the address for sending decisions of the owners. The date by which decisions are taken from the owners of the premises in the house should be set taking into account the actual possibility, including the owners who do not live in the house, to prepare and send their decisions to the place (address) established by the notice of the meeting, also taking into account the delivery time letters by mail.
In order to facilitate the participation of the maximum number of owners in the meeting, the organizers of the meeting, during the period of time allotted for the owners to make decisions and transfer them to the place (address) specified in the notice of the absentee meeting, may make rounds to additionally advise the owners on the agenda issues meetings, assistance in formalizing the decisions of the owners, as well as for the purpose of transferring their decisions to the place (address) for collecting the decisions of the owners.
Registration of the results of an absentee general meeting, in general, does not differ from the registration of the results of an in-person general meeting (an approximate sample of the minutes of an absentee general meeting of owners is given in Appendix 13, the act stating that the general meeting in person did not take place is in Appendix 14). A special feature of the formalization of the results of such a meeting is the signing of the minutes of the general meeting of owners by all owners in the case of the creation of an HOA and the approval of its charter, as well as in the event that such a requirement is made for the execution of the minutes by a decision of the general meeting of owners.
In this case, the organizers of the meeting must ensure that such a protocol is signed by all owners who took part in the vote or by owners who voted for creation of a homeowners association and approval of its charter. This requirement can be implemented by posting notices in publicly accessible areas of the house indicating the time period and place at which meeting participants must appear to sign the minutes, or by having the meeting organizers visit the meeting participants.
In other cases, it is possible for the minutes to be signed by the persons specified in the rules of conduct of the general meeting adopted by the general meeting. As a rule, the initiator of the meeting, the chairman of the meeting and the secretary of the meeting are indicated as such persons. It is recommended that owners’ decisions on agenda items be kept together with the minutes of the general meeting.

I hope I helped you.