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Extraordinary meeting of owners of mkd. Conducting general meetings of owners of apartment buildings. V. Common types of general meeting of owners of an apartment building

1. Owners of premises in apartment building are required to annually hold an annual general meeting of owners of premises in an apartment building. Unless otherwise established by the general meeting of owners of premises in an apartment building, the annual general meeting of owners of premises in an apartment building is held during the second quarter of the year following the reporting year, in the manner established this article y.

2. General meetings of owners of premises in an apartment building held in addition to the annual general meeting are extraordinary. An extraordinary general meeting of owners of premises in an apartment building may be convened at the initiative of any of these owners.

3. The general meeting of owners of premises in an apartment building is valid (has a quorum) if the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes took part in it. If there is no quorum for holding an annual general meeting of owners of premises in an apartment building, a repeat general meeting of owners of premises in an apartment building must be held.

3.1. The management organization, the board of a homeowners' association, a housing or housing-construction cooperative, or another specialized consumer cooperative are required to maintain a register of owners of premises in an apartment building, which contains information that allows identifying the owners of premises in a given apartment building (last name, first name, patronymic (if any) the owner of the premises in an apartment building, the full name and main state registration number of the legal entity, if the owner of the premises in an apartment building is entity, number of the premises in an apartment building, the owner of which is an individual or legal entity), as well as information on the size of their shares in the right common property on the common property of the owners of premises in an apartment building. Upon admission to management organization, the board of a homeowners' association, housing or housing construction cooperative, other specialized consumer cooperative, appeals in writing, including appeals using the system, the owner or other person specified in this article, on whose initiative a general meeting of owners of premises in an apartment building is convened house, for the provision of a register of owners of premises in an apartment building, these persons are obliged, within five days from the date of receipt of such an application, to provide the owner or other person specified in this article with this register. The consent of the owners of premises in an apartment building to the transfer of personal data contained in the register of owners of premises in an apartment building, when providing this register in the manner established by this part, for the purpose of convening and organizing a general meeting of owners of premises in an apartment building is not required.

4. The owner, another person specified in this Code, on whose initiative a general meeting of owners of premises in an apartment building is convened, is obliged to inform the owners of premises in this building about the holding of such a meeting no later than ten days before the date of its holding. Within the specified period, a message about holding a general meeting of owners of premises in an apartment building must be sent to each owner of premises in this building by registered mail, unless the decision of the general meeting of owners of premises in a given house provides for another way of sending this message in writing, or handed to each owner of premises in a given house against signature, or posted in the premises of a given house, determined by such a decision and accessible to all owners of premises in a given house .

5. The notice of holding a general meeting of owners of premises in an apartment building must indicate:

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

2) the form of holding this meeting (in-person, absentee or absentee voting);

3) the date, place, time of this meeting or, if this meeting is held in the form of absentee voting, the closing date for accepting decisions of owners on issues put to vote, and the place or address where such decisions should be transferred;

4) the agenda of this meeting;

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

6. Owners who have at least ten percent of the votes of the total number of votes of the owners of premises in an apartment building have the right to apply in writing to the management organization or the board of a homeowners’ association, housing or housing-construction cooperative, or other specialized consumer cooperative to organize a general meetings of owners of premises in an apartment building. The application for holding a general meeting of owners of premises in an apartment building must formulate the issues to be included on the agenda of the meeting. At the request of the owners, the management organization, the board of a homeowners' association, housing or housing-construction cooperative, or other specialized consumer cooperative are obliged to carry out the activities necessary for holding a general meeting of owners of premises in an apartment building within forty-five days from the date of receipt of the application, but no later than than ten days before the date of the general meeting, notify each owner of the premises in this house about the holding of this general meeting in the prescribed manner, and also formalize Required documents based on the results of this general meeting and ensure that they are brought to the attention of the owners of the premises in this building in the manner established.

7. A general meeting of owners of premises in an apartment building may be convened on the initiative of the management organization managing this apartment building under a management agreement. At the same time, the agenda of such a meeting may include issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

Commentary to Art. 45 Residential Complex of the Russian Federation

1. At a general meeting of owners of premises in an apartment building, each such owner is the owner of a share common property in this house can express his will on all issues related to the management of this house, including the procedure for use, within the established limits of the disposal and maintenance of common property in the house, and thereby exercise his right to participate in the management of the apartment building.

2. Owners of premises in an apartment building are required to hold their general meeting (annual general meeting) annually. At the same time, the Housing Code of the Russian Federation does not determine the time limits (deadlines), the procedure for holding such a meeting, as well as what issues are included in the mandatory must be decided on it, i.e. must be included on the meeting agenda.

According to part 1 of the commented article 45 of the Housing Code of the Russian Federation, owners must independently resolve these issues at their general meeting. At the same time, the question arises about the limits of freedom of owners when establishing the procedure for holding an annual general meeting, in particular: do owners have the right to change the procedure for making decisions, quorum requirements, mandatory execution of minutes, etc.?

IN in this case it is necessary to take into account that the legislator, having given the title to the commented article “Procedure for holding a general meeting of owners of premises in an apartment building”, thereby outlined the range of relations related to this issue, some of which became the subject of regulation of the commented article - these are the relations arising in connection with the determination of the presence quorum of the meeting and informing co-owners about the proposed meeting. Therefore, other issues related to the procedure for making decisions, voting, holding a meeting in the form of absentee voting and reflected in - are not included by the legislator in the procedure for holding general meetings, and therefore the requirements provided for in these articles equally apply to annual general meetings and co-owners when establishing the procedure for carrying out annual meeting has no right to limit the application of such requirements.

This conclusion is also confirmed by the fact that the legislator in Part 1 of the commented article does not include the procedure for notifying adopted by the meeting decisions established by Part 3 of Art. 46 of the Housing Code of the Russian Federation, to the procedure for holding a meeting. In particular, Part 1 of the commented article directly states the need to establish, along with the procedure for holding an annual general meeting of owners of premises in an apartment building, a procedure for notification of decisions made by such a meeting. At the same time, it should be noted that taking into account the literal interpretation of part 3 of the commented article (this part directly provides for the obligation to hold a repeat general meeting of owners in the absence of the quorum established by this part for holding the annual general meeting), the owners, when establishing the procedure for holding the annual general meeting, do not has the right to change the conditions stipulated in the specified part regarding the competence of such a meeting (quorum).

Accordingly, the owners of premises in an apartment building, as part of establishing the procedure for holding an annual general meeting, can determine the specific date, time and place of the annual holding of such a meeting or the time period within which this meeting should be held, a permanent list of issues included annually in the agenda of the meeting, the procedure sending messages about its holding, including the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, including the address or place where they are placed and where they can be viewed, the form of holding this meeting, the persons responsible for its conduct, the procedure for notifying decisions made by the meeting and other issues related to the holding of the annual general meeting, with the exception of those that must be resolved within the framework of the requirements established in Art. Art. 46 - 48 of the Housing Code of the Russian Federation, as well as the quorum requirements provided for in Part 3 of Art. 45 of the Code.

3. The obligation to hold an annual general meeting of owners of premises in an apartment building is primarily due to the fact that there is a fairly large range of issues that require the annual attention of the owners of common property in an apartment building. These are issues related to maintaining the infrastructure in proper condition. apartment building and the house itself, since this property is subject to exposure over time external factors, which leads to its gradual destruction, and therefore it certainly needs constant care and attention (monitoring its condition). It should be noted that the Housing Code of the Russian Federation does not provide for the consequences of non-compliance by the owners of premises in an apartment building with the requirement to hold an annual general meeting.

4. Owners of premises in an apartment building, as necessary, can also hold extraordinary general meetings, which are convened at the initiative of any of the owners and are held in the manner established by the Housing Code of the Russian Federation. At the same time, it is quite obvious that until the terms and procedure for holding annual general meetings are determined, the first general meeting will be an extraordinary one. Accordingly, issues related to the holding of the first annual general meeting can be determined at a general meeting convened on the initiative of any of the specified owners and held in the manner established by the Housing Code of the Russian Federation for holding general meetings.

The possibility of holding extraordinary meetings is provided for more flexible and prompt intervention by owners in the process of managing an apartment building. It should be noted that the RF LC does not name specific cases when an extraordinary general meeting must be convened. At the same time, such cases include cases where circumstances arise in which the owners of premises in an apartment building are obliged to make a decision to liquidate the homeowners’ association (see).

Extraordinary meetings could be described as “extraordinary meetings.” This term very accurately defines the status of an extraordinary meeting and its significance in the life of an apartment building. As a rule, extraordinary meetings are of an emergency nature, since, for example, they are the main means of clarifying relations, resolving disputes between owners and the management organization or between separate groups of owners.

5. The peculiarity of convening and holding an extraordinary meeting, in contrast to the annual meeting, is that, firstly, an extraordinary meeting can be convened by any owner and, secondly, the procedure for its conduct is imperatively determined by the Housing Code of the Russian Federation. The annual meeting, taking into account its periodic specifics, can be held without convening by any person: for example, the procedure determined by the decision of the general meeting may provide for holding the annual meeting annually on December 31 of the next year. In this case, a special procedure for its holding may be determined, including notification of owners about decisions made, formation of the agenda for such a meeting, location of the meeting, etc. It is in the annual general meeting that representatives of the management organization with which the owners have entered into an agreement, or representatives of the homeowners’ association can participate, when their activities in managing the apartment building can be assessed, etc.

6. Part 3 of the commented article 45 Housing Code RF sets general requirement for holding both an annual and an extraordinary general meeting of owners of premises in an apartment building in terms of maintaining a quorum - the minimum required number of votes of owners, at which decisions made at the meeting are considered competent.

The requirement for a quorum of the general meeting of the Housing Code of the Russian Federation is directly related to the need for the presence at it of the owners of premises in an apartment building who have more than 50% of the votes of the total number of votes of these owners or their representatives. In other words, the general meeting of owners of premises in an apartment building as a management body of an apartment building is only authorized to make decisions on issues included in the agenda of a particular meeting when, by the time it begins, such a number of owners have gathered that ensures compliance with the specified quorum requirement. Otherwise, the decisions of the general meeting will not have legal force (the principle applies: “No quorum - no decisions can be made”).

7. The total number of votes of the owners of premises in an apartment building participating in the meeting is determined based on the sum of their shares in the right of common ownership of common property in this building, since in accordance with Part 3 of Art. 48 of the Housing Code of the Russian Federation, the number of votes that each owner of premises in an apartment building has is proportional to his share in the right of common ownership of common property in this building.

Articles 37 and 40 of the Housing Code of the Russian Federation establish the procedure for determining shares in the right of common ownership of common property in an apartment building.

8. To determine the competence of a meeting, it is necessary to first know the total area of ​​​​all residential premises belonging to the owners in an apartment building and non-residential premises that are not part of the common property in such a building. Only knowing this total area can meetings be held, since, as already indicated in the examples given, this will make it possible to calculate the number of votes belonging to each of the owners participating in the meeting and determine the presence of a quorum.
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The sum of votes belonging to the owners participating in the meeting must be more than 50%, since only in this case the general meeting of owners will be considered valid.

The calculation of such total area for holding the first general meeting can be done initiative group owners, having previously compiled a list of owners of all premises in the house and summarized information about the area of ​​​​the premises belonging to them. At the same time, it seems that all owners need to have such a list “at hand” at all times, since it may be required not only for this purpose, but also to ensure compliance with the requirement establishing the obligation to inform owners about a meeting (for example, if necessary send a message to the owner about this by registered mail), as well as to identify persons who came to the meeting or submitted their decisions in writing on issues included in the agenda of the meeting.

The list of owners may contain, for example, the following information:

- number of premises in an apartment building;

— total area such premises;

- description of each room in an apartment building (residential or non-residential, apartment or room, apartment number, etc.);

— mode of ownership of the premises (individual, common joint or common shared);

- last name, first name, patronymic (name) of the owner of the premises or an indication that the premises belong to the right of ownership Russian Federation, a specific subject of the Federation or a specific municipality, as well as information about the document confirming the ownership of such premises;

- data necessary to identify the owner of the premises (for example, passport details of a citizen, certificate number state registration legal entity, etc.);

- last name, first name, patronymic (name) of the representative of the owner of the premises (if the owner has permanently appointed his representative or has his own legal representative);

— data necessary to identify such a representative (for example, passport details of a citizen, number of a certificate of state registration of a legal entity, etc.), as well as information about the document on which his powers are based, the term of such powers;

- the postal address of the owner to which messages about general meetings should be sent (if the general meeting does not decide to post such messages on the premises of the house).

9. For the annual general meeting commented on by Article 45 of the Housing Code, an additional requirement is established: if there is no quorum during such a meeting, then a repeat annual general meeting of owners of premises in an apartment building must be held. However, the RF LC does not establish a time frame within which a repeat annual general meeting must be convened. At the same time, it is quite obvious that such a repeated meeting must be held within a time frame that does not allow violating the requirement of Part 1 of the commented article on the annuality of its holding.

10. If on most issues that fall within the competence of the general meeting of owners of premises in an apartment building, Part 1 of Art. 46 of the Housing Code of the Russian Federation provides for the adoption of decisions by a simple majority of votes from the total number of votes belonging to the owners participating in the meeting, then the decisions specified in can only be adopted by a qualified majority of votes (at least 2/3) of the total number of votes of all owners of premises in an apartment building home.

Thus, in essence, the RF LC determines the quorum required to open a meeting and recognize it as competent, and the quorum necessary to make decisions on certain issues. This means that, even if a particular meeting is competent by virtue of Part 3 of the commented article, but it is attended by owners who own less than 2/3 of the votes of the total number of votes of all owners, it does not have the right to make decisions on issues (although included in the agenda of the meeting), which are related to the reconstruction of an apartment building, construction outbuildings and other buildings, structures, structures, repair of common property in an apartment building, limits of use land plot, on which the apartment building is located, including the introduction of restrictions on its use, as well as the transfer for use of common property in the apartment building.

11. The owners of premises in an apartment building jointly own, use and, within established limits, dispose of the common property in such a building. They exercise these powers, including through voting at the general meeting. However, the lack of information from any owner about the date and place of such a meeting essentially deprives him of the opportunity to exercise these powers, i.e. any owner of premises in an apartment building has the right to information regarding the management of an apartment building. This rule is related in general to all activities related to this management.

Thus, the right of the owner of premises in an apartment building to information related to the implementation of his rights to common property in such a building can be defined as his right, in the manner and volume established by law, to search, receive, transmit, produce and disseminate information about persons, objects, facts, events, phenomena and processes in the management of an apartment building.

12. The right of the owner of premises in an apartment building to information acquires special significance when it acts as a guarantee of the proper exercise of his rights as the owner of common property in this building. In particular, a group of owners interested in making a particular decision may deliberately fail to adequately notify other owners of the upcoming meeting and thereby ensure that the decision they want is adopted. Accordingly, as a result of untimely provision of information to the owners about the date, time and place of the general meeting, they may be deprived of the opportunity to exercise their powers as owners by participating in decision-making at such a meeting. At the same time, according to one of the conditions for the owner of premises in an apartment building to go to court with a demand to declare the decision of the general meeting of owners invalid, the fact that such a decision was made in violation of the requirements of the Housing Code of the Russian Federation is called. This type of violation may also include untimely notification of owners about the date, time and place of the general meeting, failure to provide an opportunity to familiarize themselves with necessary information on issues included in the meeting agenda, etc.

Thus, having the necessary information allows the owner of a premises in an apartment building to most effectively exercise his rights related to the management of such a building. Without obtaining information, the exercise of some owner rights will be very difficult or simply impossible. Therefore, the commented article 45 of the Housing Code establishes the obligation to provide owners of premises in an apartment building with information regarding the preparation and conduct of their general meetings (establishes requirements for the content and form of notification).

13. According to part 4 of the commented article, the owner, on whose initiative a general meeting of owners of premises in an apartment building is convened, is obliged to inform the owners of premises in this building about the holding of such a meeting no later than 10 days before the date of its holding. At the same time, within the specified period, a message about holding a general meeting of owners of premises in an apartment building must be sent to each owner of the premises in this building by registered mail, unless the decision of the general meeting of owners of premises does not provide for another way of sending such a message in writing, or delivered to each owner premises against signature, or placed in the premises of this house, determined by such a decision and accessible to all owners of the premises.

According to general rule Notification of a general meeting can be carried out in several ways:

1) by sending a message by registered mail;

2) by delivering a message to each owner of the premises in the relevant building against signature;

3) by posting a message indoors.

Both the first and second methods provide for the delivery of information that ensures confirmation of its receipt by the addressee.

In particular, according to sub. “b” clause 12 of the Rules for the provision of postal services, approved by Decree of the Government of the Russian Federation of April 15, 2005 N 221, registered mail is a registered mail item, including in the form of a letter, accepted from the sender with the issuance of a receipt and handed over to the addressee ( his legal representative) with his receipt of receipt. At the same time, in accordance with the specified paragraph, registered mail items can be sent with a list of attachments, with a notification of delivery and cash on delivery. If the addressee (his legal representative) is not present at the address specified in the letter, a notice is left in the post office box inviting the addressee to receive the mail at the post office. After five days, a secondary notification is delivered to the addressee about the need to receive a registered letter. If the addressee does not show up for the postal item within a month, such a letter is returned to the sender (clause 35 of these Rules).
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NW RF. 2005. N 17. Art. 1556.

It is quite obvious that not only at the stage of holding the first general meetings, problems may arise related to the lack of necessary information about the address (place of residence, location) of the owners of the premises, but also in the future, when such owners may not report a change in their place of residence ( especially since such an obligation is not established by the Housing Code). At the same time, the RF LC does not provide for any exceptions regarding the sending or delivery of messages, unlike, for example, procedural legislation, which allows the principle of legal fiction to be applied. Its essence is that if a person participating in the case has not reported a change in his address, a summons or other judicial notice is sent to the last place of residence or location of this person known to the court and is considered delivered, at least this person no longer lived or was located at this address (Article 118 of the Code of Civil Procedure, Article 124 of the Arbitration Procedure Code).

At the same time, attention is drawn to the fact that the Housing Code of the Russian Federation does not directly link the sending of notifications with the place of residence or location of the owner to whom such a notification is addressed. Therefore, the owners of premises in an apartment building have a sufficient degree of freedom to resolve the issue related to determining the specific addresses to which such messages will be sent. The main thing is that the address to which the notification is sent is previously agreed upon with the relevant owner (such an address in most cases can be the address of the premises in an apartment building). In this case, by analogy, the above-mentioned principle of legal fiction can be applied (the message is sent to the last known and agreed upon address with the owner and is considered delivered, even if this person does not live or is not located at this address).

The concept of “general meeting of owners of premises in an apartment building”

The general meeting of owners of premises in an apartment building is a procedure regulated by the housing codified act. It is with the help of such an event that citizens resolve issues related to the management of property located in a building classified as an apartment building.

It is worth noting that the general meeting of owners of premises in an apartment building, according to current laws, is the responsibility of certain persons. And it should be carried out regularly (every year). However, the RF Housing Code does not have a mechanism that monitors the fulfillment of such an obligation.

The general meeting of owners of premises in an apartment building can be either regular or extraordinary. The first event is held once a year, the second, according to the current Housing Code of the Russian Federation, can be organized at any time on the initiative of any person who owns a residential area. Please note: the power of initiative of such citizens is not related to the dimensions of the residential area they have.

List of issues within the competence of the general meeting

The general meeting of owners of premises in an apartment building, according to the current Housing Code of the Russian Federation, is designed to resolve certain issues. Here is just a sample list of such questions:

  • choosing a method of managing a house that can be classified as multi-apartment;
  • placement of additional parking spaces;
  • transfer under a lease agreement of vacant residential premises;
  • establishing payment for the use of this or that property (for example, using the services of Internet providers);
  • placement of advertising information at the entrances, and so on.

The general meeting of owners of premises in an apartment building, according to the Housing Code of the Russian Federation, resolves issues directly related to premises in a residential building that do not relate to apartments. For example, we are talking about elevators, roofs, land-type plots, and so on.

Thus, holding such an event can resolve many problematic situations and make the life of the owners of a residential area better and of higher quality.

Choosing a method for managing an apartment building

This choice is also regulated by the Housing Code of the Russian Federation; such an issue can only be decided by the owners when holding the relevant meeting.

The management of a residential building, which can be classified as an apartment building, must ensure normal living conditions for citizens, as well as the safe maintenance of property located in the area of ​​such a house.

According to the Housing Code of the Russian Federation, citizen-owners are obliged to choose one or another management method. We are talking about the following methods:

  • direct management activities carried out by residents;
  • management activities carried out by a body such as a HOA or a body such as a housing cooperative;
  • management activities, which are carried out by a special body - a management company.

One of the control methods must be chosen when holding an event such as a meeting. The method can be changed at any time upon making an appropriate decision. It is worth noting that after the event, the information that is reflected in a document such as a protocol is mandatory for all residents.

Any owner has the right to apply to the court and demand that the municipal body be obliged to select a management company.

The municipal body holds a competitive event to select such an organization. If in the future the house is managed by this company, it will be responsible for providing citizens with appropriate services or carrying out work. In this case, an agreement is concluded with a management organization ( this document will have legal consequences).

Features of holding a general meeting of premises owners in an apartment building

The holding of the meeting is strictly regulated by the Housing Code of the Russian Federation. The first stage of such a procedure is notification. The notice of the meeting must be distributed no later than ten days before the event itself; this must be done by the initiator. Such a notification can be sent using a registered letter, and every citizen-owner must receive it. A document about such an event, which concerns issues related to residential space, can be presented to each person personally.

The authority stipulates that such a document must include the following data:

  • Full name of the owner, number of his residential apartment;
  • method of holding the event (according to current laws, it can be in person, in absentia or combined);
  • the date of the event, as well as the place where it will take place;
  • agenda (that is, the topic of the procedure);
  • the procedure for familiarizing the owners with information.

Before holding a meeting, you should ask the management company about the area of ​​residential premises. In addition, the initiator must collect information about each participant.

It is necessary to find out whether there are areas in the house owned by a government agency or one or another municipal body. In this case, it is necessary to send a corresponding notification to the administrative authority. After this, it is necessary to prepare ballots for registration of participants.

Before signing the protocol, you need to choose the form in which voting will take place. It can be of the following types:

  • face-to-face method (in this case, participants come to the event and cast their votes in person);
  • in-person-absentee method (according to the Housing Code of the Russian Federation, in this case, some participants can vote in person, and those who did not come to the event have the opportunity to vote in absentia - this method is considered the most acceptable in modern times);
  • correspondence method (in this case, certain initiators can go around the apartments and invite residents to express their opinion on a particular issue).

Presentation of meeting results

The decision of the general meeting of premises owners must be binding for each tenant. In order for the results of such an event to be properly documented, a special document is drawn up - a protocol. The minutes of the general meeting of premises owners is an official document that may have consequences legal nature. If necessary, each participant may have a copy of such a document. The protocol must contain the following information:

  • the date of the event, as well as the place where it is held;
  • the method of its implementation (that is, full-time, part-time or combined);
  • address of a residential building, which can be classified as an apartment building;
  • total residential area;
  • the number of participants who attended the event and voted;
  • agenda;
  • results of the survey;
  • a clearly formulated solution to each issue.

The minutes of the meeting, depending on the method of conducting the procedure, may also include registration sheets (in case of in-person meeting) or ballots (in case of absentee meeting).

After conducting the survey, according to the Housing Code of the Russian Federation, it is necessary to transfer photocopies of a document such as a protocol, as well as photocopies of ballots, to the appropriate body - a management company. Within ten days, the initiator must also notify the owners of residential areas about the decisions made.

If necessary, any other authority must be informed about the results.

Features of voting

Before signing the protocol, a vote is taken. According to the general rules established by the housing codified act, a decision will be made if a majority of the participating persons vote for it. However, there are some issues on which the decision is made slightly differently - by obtaining a qualified majority vote of 2/3 of all participants who cast their vote.

We are talking about such issues as the reconstruction of a residential building, which can be classified as an apartment building, the construction of buildings economic type, capital repairs, choice of method for forming a fund for capital repairs, and so on.

It is worth noting that the competence of the owners of a house that can be classified as an apartment building is quite broad. They are the ones who can make their own decisions on many issues, especially those that directly relate to living in a given house.

If problems or conflict situations arise, you can always refer to the protocol. This protocol is an official document that may have legal consequences. It is this document that can be used in court when conflicts arise to protect interests.

Thus, a meeting of property owners to resolve issues related to living in a residential building is an organized event that is fully subject to the norms of the Housing Code of the Russian Federation and the legislation in general. It is the regular holding of meetings that ensures the owners and persons using the area for its intended purpose, normal living in the apartment and in the house as a whole.

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

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

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

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

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

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

SOLUTION

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

_______________________________________________________________________________________

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

________________________________________________________________________________________________________________

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

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

(apartment, share in an apartment)

Based ________________________________________________________________________________

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

Issued by "____" ________________. ______________________________________________________________

(who issued the title document)

_____________________________________________________________________________________________

The total area of ​​premises in an apartment building is __________________ m2.

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

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

(full-time or part-time)

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

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

___________________________________________________________________________________________

(Full name of representative)

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

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

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

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

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

_______________________ _____________________ /__________________________/

I agree to participate in the vote counting ___________________________________

(Yes or no)

Contact phone number _________________________

(owner or representative)

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

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

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

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

The general meeting of owners of premises in an apartment building is the management body of the apartment building. It is carried out for the purpose of managing an apartment building by discussing issues on the agenda and making decisions on issues put to vote (Part 1 of Article 44 of the Housing Code of the Russian Federation).

A general meeting of owners can be held (Article 44.1 of the Housing Code of the Russian Federation):

  • in person (with the joint presence of the owners of premises in a given building to discuss issues on the agenda and make decisions on issues put to vote);
  • in the form of absentee voting (by poll, and from 01/01/2018 (in Moscow, St. Petersburg and Sevastopol - from 07/01/2019) - using information system Housing and communal services). Absentee voting is also carried out if the meeting in person did not have a quorum (Part 1, Article 47, Article 47.1 of the Housing Code of the Russian Federation; Article 4 of the Law of December 28, 2016 N 469-FZ);
  • in the form of absentee voting (the possibility of in-person discussion of agenda items and making decisions on issues put to vote, as well as the possibility of transferring decisions of owners to fixed time to the place or address indicated in the notice of holding a general meeting of owners of premises in an apartment building) (Part 3 of Article 47 of the Housing Code of the Russian Federation).

Note. The general meeting of owners of premises in an apartment building is valid (has a quorum) if the owners of premises in the building or their representatives with more than 50% of the total number of votes took part in it ( Part 3 Art. 45 Housing Code of the Russian Federation).

To hold a general meeting of premises owners in an apartment building, we recommend following the following algorithm.

Step 1. Initiate a general meeting of owners

The annual general meeting of owners of premises in an apartment building is held annually, during the second quarter of the year following the reporting year, unless otherwise established by the general meeting of owners (Part 1 of Article 45 of the Housing Code of the Russian Federation).

In addition to the annual general meeting, owners of premises in an apartment building can hold extraordinary general meetings.

An extraordinary general meeting may be convened:

  • at the initiative of any of the owners (part 2 of article 45 of the Housing Code of the Russian Federation);
  • at the initiative of the board of the HOA (if an HOA has been created in the house) (clause 8 of Article 148 of the Housing Code of the Russian Federation);
  • at the initiative of the management organization (part 7 of article 45 of the Housing Code of the Russian Federation);
  • management organization, HOA, housing complex, housing cooperative, other specialized consumer cooperative upon a written request from owners holding at least 10% of the total number of votes of the owners of premises in an apartment building (Part 6 of Article 45 of the Housing Code of the Russian Federation).

Step 2. Prepare for a general meeting of owners

At this stage, the agenda of the general meeting of owners should be formulated and the form of voting should be decided. When voting in person or in absentia, it is necessary to select the time and place of the meeting to discuss the agenda items, select candidates for the chairman, secretary, and members of the counting commission. In addition, it is necessary to prepare an information message about the general meeting of owners, a register of owners, forms of decisions on issues put to vote, and protocol forms.

Step 3. Notify the owners about the general meeting

Each owner of premises in an apartment building should be notified no later than 10 days before the date of the general meeting. Depending on what method of informing was previously established by the general meeting, you can place the relevant information in publicly accessible places, deliver a notice signed by each owner, or send it by registered mail (Part 4 of Article 45 of the Housing Code of the Russian Federation).

Step 4. Hold a general meeting of owners

The number of votes that each owner has is proportional to his share in the right of common ownership of the common property in the house and is fully taken into account when summing up the voting results. Voting as part of the votes belonging to the owner is not provided for by law (Part 3 of Article 48 of the Housing Code of the Russian Federation; Clause 1 of the Letter of the Ministry of Construction of Russia dated October 5, 2017 N 35851-EC/04).

If the meeting is held in person, all owners of premises present at the meeting must be registered. If there is a quorum, you can begin to consider the issues included in the agenda, having previously elected the chairman and secretary of the general meeting, as well as members of the counting commission. The general meeting does not have the right to make decisions on issues not included in the agenda, or to change the agenda of the meeting (Part 2 of Article 46 of the RF Housing Code).

If the meeting is held in absentia, the owners submit voting forms on time and to the address indicated in the notice of the general meeting (Part 1 of Article 47 of the Housing Code of the Russian Federation).

If the meeting is held in the form of in-person and absentee voting, then the meeting participants must have the opportunity to discuss the issues on the agenda and submit voting forms within the prescribed period to the place or address indicated in the notice of the general meeting (Part 3 of Article 47 of the Housing Code of the Russian Federation ).

Decisions of the general meeting of owners on issues put to vote are adopted by a majority vote of the total number of votes of the owners participating in this meeting (Part 1 of Article 46 of the RF Housing Code). The exception is certain decisions that are made by a majority of at least two-thirds of the total number of votes of the owners of premises in an apartment building, for example, decisions on the reconstruction of an apartment building, on the construction of outbuildings and other buildings, on the limits of use of the land plot on which the apartment building is located , on the use of common property of the owners of premises in an apartment building by other persons (clauses 1, 1.1-1, 1.2 - 3.1, 4.2, 4.3, part 2, article 44, part 1, article 46 of the Housing Code of the Russian Federation).

Regardless of the form of voting (in-person, in-person, absentee or absentee), the owner’s decision on issues put to vote must indicate (part 5.1 of article 48 of the RF Housing Code; clause 5 of Letter N 35851-EC/04):

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”.

The decision of the general meeting of owners of premises in an apartment building is documented in a protocol (Part 1, Article 46 of the Housing Code of the Russian Federation). The minutes of the general meeting are drawn up in writing within the time limits established by the general meeting, but no later than 10 days after the general meeting (clause 2 of the Requirements, approved by Order of the Ministry of Construction of Russia dated December 25, 2015 N 937/pr).

The minutes of the general meeting should indicate the name of the document, the date and registration number of the minutes, the date, the place of the general meeting, the title to the content of the minutes, the content of the minutes, the agenda, the presence of a quorum, the number of votes on each issue, the place (address) of storing the minutes , list of applications (if indicated in the content part of the protocol). The minutes are signed by the chairman, secretary of the meeting and members of the counting commission (clause 22 section 6, clause 15 section 7 Methodological recommendations, approved By Order of the Ministry of Construction of Russia dated July 31, 2014 N 411/pr; clause 4, Section. II Requirements N 937/pr).

The person on whose initiative the general meeting was convened must submit copies of the decisions and minutes of the general meeting of owners of premises in an apartment building to the management organization, the board of the HOA, residential complex, housing cooperative, or other specialized consumer cooperative no later than 10 days after the general meeting ( Part 1 of Article 46 of the Housing Code of the Russian Federation).

The management organization, the board of the HOA, residential complex, housing cooperative, other specialized consumer cooperative, within five days from the date of receipt of the specified copies of decisions and minutes of the general meeting of premises owners are obliged to: established by law, send copies of these decisions and the protocol to the state housing supervision body for storage for three years (part 1.1 of article 46 of the Housing Code of the Russian Federation; clause 3 of the Procedure, approved by Order of the Ministry of Construction of Russia dated December 25, 2015 N 937/pr).

In Moscow, the body of state housing supervision is the Moszhilinspektsiya (clause 1 of the Regulations, approved by Resolution of the Moscow Government of July 26, 2011 N 336-PP).

Note. The state housing supervision body, if within three months in a row it receives two or more minutes of the general meeting of owners of premises in an apartment building, containing decisions on similar issues on the agenda, is obliged to hold unscheduled inspection in order to establish the fact of compliance with legal requirements when organizing, holding and recording the results of such a meeting ( Part 1.1 Art. 46 Housing Code of the Russian Federation).

The voting results and decisions made at the general meeting are brought to the attention of the owners of the premises in the house by the initiator of the meeting no later than 10 days from the date of adoption of these decisions. The message is posted in the premises of the house, determined by the decision of the general meeting of owners and accessible to all owners (Part 3 of Article 46 of the Housing Code of the Russian Federation).

Note!

The decision of the general meeting of owners, adopted in the prescribed manner, on issues within the competence of such a meeting, is binding on all owners of premises in an apartment building, including those who did not participate in the vote (

The general meeting of owners is a familiar matter for management organizations and owners of premises. However, when holding meetings, management companies often make mistakes that can lead to legal proceedings and recognition invalid decisions such meetings.

Today we'll tell you what you need to know to avoid these mistakes.

Violation of the procedure for notification of an upcoming meeting

The first step to holding a general meeting of owners is to notify the owners of the upcoming event. The initiator must notify all owners of premises in the apartment building about the meeting no later than 10 days before its start (part 4 of article 45 of the Housing Code of the Russian Federation).

The main mistake that meeting initiators make is choosing the notification method. The most popular way to inform owners about an upcoming meeting is to place a notice on information boards or on the doors of apartment building entrances.

  • information about the person participating in the vote;
  • details of the document confirming the ownership of the premises of the person participating in the vote;
  • decisions on each issue on the agenda, expressed in terms of “for”, “against”, “abstained”.

If the owner did not mark a single position in any of the issues on the agenda, or, on the contrary, put several ticks on it, such an issue in this decision should be considered invalid and not taken into account when summing up the results of the meeting (Part 6 of Article 48 of the Housing Code of the Russian Federation ).

Incorrect vote count

If one person or legal entity owns several premises in an apartment building, he can vote only once. At the same time, the ballot indicates the total area of ​​the premises that belong to such a person.

Incorrectly executed powers of attorney

When the owner does not have the opportunity to take part in the vote, his representative can vote for him by proxy. Before allowing a representative to participate in the OSS, make sure that the power of attorney is drawn up correctly and contains information about the owner and his representative:

  • last name, first name, patronymic - for individuals, full name - for legal entities;
  • place of residence or location;
  • passport documents or details of constituent documents.

The power of attorney for voting must be executed in accordance with clauses 3 and 4 of Art. 185.1 of the Civil Code of the Russian Federation or certified by a notary. According to paragraphs 3 and 4 of Art. 185.1 of the Civil Code of the Russian Federation, a power of attorney does not need to be notarized if the document:

  • certified by the organization in which the principal works or studies;
  • issued by the administration of the inpatient medical institution in which the principal is undergoing treatment.

Error in selecting meeting form

The forms for holding general meetings of owners are listed in Art. 44.1 Housing Code of the Russian Federation. There are three of them: full-time, part-time and part-time.

It happens that the initiator indicates in the notification that the meeting will be in person. Few owners come to the meeting and a quorum is not reached. Then the initiator decides to conduct the correspondence part. At the same time, he does not notify the owners about the absentee part and draws up one protocol for both parts. This is the wrong approach. If the announced in-person meeting does not take place, a separate one can be held correspondence meeting. At the same time, the owners must be notified about it and a separate protocol must be drawn up (Part 1, Article 47 of the Housing Code of the Russian Federation).

Advantage part-time The point is that some of the owners will be able to discuss the problems in person with the initiator, and during the correspondence part you will gain the missing votes. With this form of meeting of owners, there will be no need to notify each part separately and only one protocol will have to be drawn up.

Outdated information about ownership of premises

Make sure that the register of premises owners reflects current information. Owners do not always provide the management organization with up-to-date data on changes in ownership of real estate properties and changes in the area of ​​premises.

To ensure that the data is correct, apply for extracts from Rosreestr, which stores current information about the owners of premises in apartment buildings. Then you will not have problems counting votes.

Violation of the procedure for transferring documents to the Civil Housing Inspectorate

Holding meetings with a similar agenda

When the owners are dissatisfied with the decision of the meeting, they decide to hold a new one on similar issues as quickly as possible in order to change the previous one. Management Company does not resist this. But this can lead to negative consequences for the organization.

If within three months The State Housing Property Committee receives two or more minutes of meetings of one MKD, containing decisions on similar issues on the agenda, the State Housing Property Management body is obliged to conduct an unscheduled inspection in order to establish the fact of compliance with legal requirements when organizing, holding and documenting the results of such a meeting.

Changing the agenda

It happens that during a meeting an issue arises that the owners want to discuss, and it is additionally included in the agenda. It is prohibited to do this, according to Part 2 of Art. 46 Housing Code of the Russian Federation. During the meeting, decisions cannot be made on issues not included in the agenda, nor can the agenda of the meeting be changed.

If issues raised during the meeting are important, write them down and put them on the agenda for the next meeting.

Violation of the quorum of the meeting

Another difficulty when holding a meeting is to understand how many votes at the meeting a particular decision is made.

The general meeting of owners of premises in an apartment building is considered legitimate if more than 50% of the owners of premises in an apartment building are present. But 50% of the votes do not ensure the presence of a quorum on all issues submitted to the OCC.

The Housing Code of the Russian Federation divides issues according to the degree of importance. Issues of choosing the chairman, secretary and counting commission of the meeting, the method of management and MKD Council 50% of all votes taken in the voting are decided.

Method of forming a fund overhaul 50% of the number of votes of all owners of premises in the apartment building is selected (clause 1.1, part 2, article 44 of the Housing Code of the Russian Federation).

Other issues are decided by a qualified number of votes - this is ⅔ of the number of votes of all owners of premises in the apartment building. One of these questions is about the use of the capital repair fund in apartment buildings (Part 1 of Article 46 of the Housing Code of the Russian Federation).

The absolute majority (100%) resolves only issues related to reducing the area of ​​the common property of an apartment building.

In order for the initiator to be sure that the meeting is being held according to all the rules, he must be guided by Art. 44 - 48 of the Housing Code of the Russian Federation, which indicate the main nuances of conducting OSS.

Prepare and conduct a successful general meeting of owners of premises in an apartment building using the service. The service helps to prepare the documents necessary for the meeting in accordance with Order No. 937/pr, create an agenda, count votes and prepare the minutes of the General Assembly.

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