Housing complex of the Russian Federation meeting of owners. What is the competence of the meeting of owners of an apartment building? Is it possible to challenge

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

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

3. The general meeting of owners of premises in an apartment building is valid (has a quorum) if the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes took part in it, with the exception of the general meeting of owners of premises in an apartment building, carried out on the issue specified in clause 4.5 of part 2 of article 44 of this Code. If there is no quorum for holding an annual general meeting of owners of premises in an apartment building, a repeat general meeting of owners of premises in an apartment building must be held. A general meeting of owners of premises in an apartment building, held on the issue specified in clause 4.5 of part 2 of Article 44 of this Code, is competent (has a quorum):

1) if there is more than one entrance in an apartment building, if the owners of premises in this apartment building or their representatives with more than fifty percent of the votes of the total number of votes of the owners of premises in this apartment building took part in the general meeting of owners of premises in this apartment building , including owners of premises in an apartment building in the entrance of which the premises being transferred are located, having more than two-thirds of the votes of the total number of votes of such owners;

2) if there is one entrance in an apartment building, if the owners of premises in this apartment building or their representatives holding more than two-thirds of the votes of the total number of votes of the owners of premises in this apartment building took part in the general meeting of owners of premises in this apartment building.

(see text in the previous edition)

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

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

(see text in the previous edition)

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);

(see text in the previous edition)

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

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 premises in this building in the manner established by part 3 of Article 46 of this Code.

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.

1. The general meeting of owners of premises in an apartment building is the management body of the apartment building. A general meeting of owners of premises in an apartment building is held for the purpose of managing the apartment building by discussing agenda items and making decisions on issues put to vote.

1.1. Persons who accepted from the developer (person providing construction apartment building) after issuing permission to put into operation an apartment building premises in this building under a transfer deed or other transfer document, has the right to take part in general meetings of owners of premises in an apartment building and make decisions on issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building, in the manner prescribed by this Code, within a year from the date of issue of permission to put the apartment building into operation.

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

1) making decisions on the reconstruction of an apartment building (including its expansion or addition), construction outbuildings and other buildings, structures, structures, major repairs common property in an apartment building, on the use of the fund overhaul, on the reconstruction and (or) redevelopment of premises that are part of the common property in an apartment building;

1.1) making decisions on choosing a method for forming a capital repair fund, choosing a person authorized to open a special account in the Russian credit organization, performing transactions with in cash located on a special account;

1.1-1) making decisions on the amount of the contribution for capital repairs in terms of the excess of its size over the established minimum amount of the contribution for capital repairs, the minimum amount of the capital repairs fund in terms of its excess over the established minimum amount of the capital repairs fund (if the law of the subject Russian Federation installed minimum size capital repair fund), temporary placement free funds capital repair fund, formed on a special account, on a special deposit in a Russian credit institution;

1.2) making decisions on receipt by a homeowners’ association or housing construction cooperative, housing cooperative or other specialized consumer cooperative, managing organization and in the direct management of an apartment building by the owners of premises in this building by a person authorized by a decision of the general meeting of such owners, a loan or loan for major repairs of common property in an apartment building, to determine the essential conditions loan agreement or a loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for receiving the specified guarantee, surety, as well as on the repayment from the capital repair fund of a loan or loan used to pay for the costs of major repairs of common property in an apartment building , and on the payment of interest for the use of this credit or loan, payment from the capital repair fund of expenses for obtaining the specified guarantees, sureties;

2) making decisions about the limits of use land plot, on which the apartment building is located, including the introduction of restrictions on its use, as well as the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to the common property in an apartment building;

2.1) making decisions on the improvement of the land plot on which the apartment building is located and which belongs to the common property of the owners of premises in the apartment building, including the placement, maintenance and operation of landscaping and landscaping elements on the specified land plot;

3) 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;

3.1) 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 (including agreements for the installation and operation of advertising structures), to submit documents for approval of reconstruction and ( or) redevelopment of premises that are part of the common property in an apartment building, for the conclusion of an agreement on the establishment of an easement, an agreement on the implementation of a public easement in relation to a land plot related to the common property of the owners of premises in an apartment building, and on the persons authorized to sign these agreements , as well as the procedure for receiving funds provided for in these agreements on the terms determined by the decision of the general meeting;

3.2) making decisions about using the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting;

3.3) making decisions on identifying persons who, on behalf of the owners of premises in an apartment building, are authorized to use the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the administrator of the general meeting);

3.4) making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to vote, as well as the duration of voting on issues on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the system;

3.5) making a decision on the procedure for financing expenses associated with convening and organizing a general meeting by the management organization, the board of a homeowners’ association, housing or housing construction cooperative, or other specialized consumer cooperative in accordance with Part 6 of this Code;

4) choosing a method of managing an apartment building;

4.1) decision making current repairs common property in an apartment building;

4.2) making a decision to grant the council of an apartment building the authority to make decisions on the current repairs of common property in an apartment building;

4.3) making a decision to vest the chairman of the council of an apartment building with the authority to make decisions on issues not specified in Part 5 of this Code, with the exception of the powers falling within the competence of the general meeting of owners of premises in an apartment building;

4.4) making a decision on the conclusion by the owners of premises in an apartment building, acting on their own behalf, in the manner established by this Code, respectively, of an agreement for cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply , including the supply of solid fuel in the presence of stove heating) (hereinafter also referred to as an agreement containing provisions for the provision utilities), contracts for the provision of services for the management of municipal solid waste with a resource supplying organization, a regional operator for the management of municipal solid waste;

4.5) making a decision on consent to the transfer of residential premises to non-residential premises;

5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

The provisions of Article 44 of the RF LC are used in the following articles:

The procedure for holding a general meeting of premises owners in an apartment building
3. The general meeting of owners of premises in an apartment building is valid (has a quorum) if the owners of premises in this building or their representatives with more than fifty percent of the votes of the total number of votes took part in it, with the exception of the general meeting of owners of premises in an apartment building, carried out on the issue specified in clause 4.5 of part 2 of article 44 of the RF Housing Code. If there is no quorum for holding an annual general meeting of owners of premises in an apartment building, a repeat general meeting of owners of premises in an apartment building must be held. A general meeting of owners of premises in an apartment building, held on the issue specified in clause 4.5 of part 2 of Article 44 of the Housing Code of the Russian Federation, is competent (has a quorum):
Decisions of the general meeting of owners of premises in an apartment building
1. 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, with the exception of the decisions provided for in paragraphs 1.1, 4.2 of part 2 of Article 44 of the Housing Code of the Russian Federation, which are adopted by more than fifty percent of the votes of the total number of votes of the owners of premises in an apartment building, and decisions provided for in paragraphs 1, 1.1-1, 1.2, 2, 3, 3.1, 4.3 of part 2 of Article 44 of the Housing Code of the Russian Federation, which are adopted by a majority of at least two-thirds votes from the total number of votes of the owners of premises in an apartment building, as well as the decision provided for in paragraph 4.5 ...
General meeting of owners of premises in an apartment building in the form of absentee voting using the system
1. If the general meeting of owners of premises in an apartment building makes decisions provided for in paragraphs 3.2 - 3.4 of part 2 of Article 44 of the Housing Code of the Russian Federation, the system is used to post messages about the holding of a general meeting of owners of premises in an apartment building, decisions adopted by the general meeting of owners of premises in an apartment building house, voting results, for storing minutes of general meetings of owners of premises in an apartment building on the agenda of the general meeting of owners of premises in an apartment building, for posting electronic images of decisions of owners of premises in an apartment building on issues put to vote, as well as for voting on issues on the agenda of the general meeting of owners of premises in an apartment building. Open article
Special account
6. Money held in a special account cannot be recovered for the obligations of the owner of this account, with the exception of obligations arising from agreements concluded on the basis of decisions of the general meeting of owners of premises in an apartment building, specified in clause 1.2 of part 2 of Article 44 Housing Code of the Russian Federation, as well as contracts for the provision of services and (or) performance of work on major repairs of common property in this apartment building, concluded on the basis of a decision of the general meeting of owners of premises in the apartment building to carry out major repairs or on other legal grounds.
Special deposit
4. Money placed on a special deposit cannot be recovered for the obligations of the owner of the special account, with the exception of obligations arising from agreements concluded on the basis of decisions of the general meeting of owners of premises in an apartment building, specified in paragraphs 1.1-1 and 1.2 Part 2 of Article 44 of the Housing Code of the Russian Federation, as well as contracts for the provision of services and (or) performance of work on major repairs of common property in this apartment building, concluded on the basis of decisions of the general meeting of owners of premises in the apartment building on carrying out major repairs or on other legal grounds.

HOW TO HOLD A GENERAL MEETING OF OWNERS OF AN APARTMENT BUILDING

(step-by-step instruction)

Decisions are made by the owners of the premises of an apartment building at a general meeting. The general meeting is the management body of an apartment building (Part 1, Article 44 Housing Code RF).

The initiator of the general meeting can be any owner (Part 2 of Article 45 of the Housing Code of the Russian Federation). As practice shows, for a successful general meeting, it is desirable that an initiative group from among the owners appear in the house.

Step 1. Creation initiative group owners and holding a meeting of the initiative group

We determine who takes the initiative to convene an extraordinary general meeting (according to Part 2 of Article 45 of the Housing Code of the Russian Federation, all general meetings, except for the mandatory annual one, are extraordinary).

We are gathering a team of like-minded people - an initiative group. Only the owners of the premises in this house can enter it.

We are holding a meeting of the initiative group. We determine the proposed agenda. We determine the date, time and place of the general meeting. For the first time, it must be carried out in person (in the Housing Code of the Russian Federation this is called “through the joint presence of the owners of the premises”).

The final document should be minutes of the initiative group meeting, which expresses the intention to convene a general meeting of premises owners, its form, place and time, a list of issues that are planned to be discussed, and other issues.

It is important to remember: the general meeting of premises owners does not have the right to make decisions on issues not included in the agenda of this meeting, or to change the agenda of this meeting (Part 2 of Article 46 of the Housing Code of the Russian Federation). Therefore, it is necessary to formulate as accurately as possible the agenda proposed for consideration of the general meeting.

Step 2. Obtaining a register of premises owners

The register includes the owners of the premises of a particular apartment building, indicating the area of the premises they occupy. Members of the initiative group can contact the managing organization for this information.

STAGE I: General meeting of owners in person

We remind you: For the first time, the general meeting must be held in person (“through the joint presence of the owners of the premises”).

Step 3. Notice of the general meeting

We issue notifications based on the number of premises owners.

d) agenda of the meeting;

It is important to remember that the initiator of the meeting is obliged to inform the owners of the premises about the meeting no later than 10 days before the date of its holding. Within the specified period, a notice of the general meeting must be sent to each owner of the premises. According to Part 4 of Art. 45 of the Housing Code of the Russian Federation, this can be done in three ways:

It is advisable to simultaneously send the notice to the owners information mail with explanations on the substance of the upcoming vote. In addition, this information letter, in addition to sending out notifications, can be posted in a place accessible to all home owners (for example, a notice board).

Step 4. Conducting a general meeting in person and recording its results

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 his representative (Part 1 of Article 48 of the Housing Code of the Russian Federation). 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 Civil Code RF or notarized (Part 2 of Article 48 of the Housing Code of the Russian Federation).

All necessary data is entered into the registration sheets.

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 (Part 3 of Article 45 of the Housing Code of the Russian Federation).

If there is no quorum...

If the general meeting did not have the required quorum, we draw up appropriate minutes. Since no decisions were made and it was not possible to choose the chairman and secretary of the meeting, the protocol is signed by the initiator/initiators of its holding.

In the future, decisions of the general meeting with the same agenda can be adopted by absentee voting (Part 1 of Article 47 of the Housing Code of the Russian Federation) - we switch to

PHASE II .

If there is quorum...

We remind you that the agenda cannot be changed, shortened or supplemented(Part 2 of Article 46 of the Housing Code of the Russian Federation).

First, we select the chairman of the general meeting, a secretary to take minutes, and a counting commission to summarize the voting results (first we determine the number, then the personnel). These are, one might say, mandatory procedural issues. Then there is a discussion and voting on the remaining items on the agenda.

Step 5. Notice of the results of the general meeting in person

The decisions made by the general meeting, as well as the voting results, are brought to the attention of the owners of the premises by the owner, on whose initiative such a meeting was convened. The deadline is no later than ten days from the date of adoption of these decisions (Part 3 of Article 46 of the Housing Code of the Russian Federation).

The meeting must decide in what form this will be done and where: the place must be accessible to all owners of the premises. The simplest form is a copy of the minutes of the meeting of premises owners. But the owners can decide what it will be separate document– notification (message) of meeting decisions and voting results.

Step 6. Document storage

STAGE II: General meeting of owners in the form of absentee voting

If a meeting of premises owners in person did not have the required quorum, future decisions of the general meeting of premises owners with the same agenda may be adopted by absentee voting. It implies the transfer to the place or address indicated in the notice of the general meeting of the owners’ decisions on issues put to vote, drawn up in writing (Part 1 of Article 47 of the Housing Code of the Russian Federation).

Since some work has already been done at the first stage, the algorithm of actions when holding a meeting of owners in the form of absentee voting is somewhat different.

Step 5. Holding a meeting of the initiative group

The same agenda is submitted for consideration by the owners, but the form of holding the general meeting of premises owners is changed. Accordingly, the agenda of the initiative group meeting itself is partially changed. We need to determine:

— the timing of its implementation.

Since at the first stage the register of owners should already be received, the next one will be

Step 6. Notification of the general meeting and delivery of resolution forms

Based on the number of premises owners, we prepare notices of holding a general meeting in the form of absentee voting.

In Part 5 of Art. 45 of the Housing Code of the Russian Federation states what must be indicated in such a notification:

a) information about the person (persons) on whose initiative (whom) the meeting is convened;

b) form of holding the meeting ( face-to-face meeting or absentee voting);

c) the date, time, place of the meeting or, in the case of this meeting being held in the form of absentee voting, the end date for accepting decisions of the owners on issues put to vote, the place or address where such decisions should be transferred;

d) agenda of the meeting;

e) 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.

Very important to remember! The agenda of the general meeting in the form of absentee voting must be exactly the same as for a meeting that did not take place in person.

The initiator of the meeting is obliged to inform the owners of the premises about the meeting no later than 10 days before the date of its holding. Within the specified period, a notice of the general meeting must be sent to each owner of the premises. According to Part 4 of Art. 45 of the Housing Code of the Russian Federation, this can be done in three ways:

1) send by registered mail (unless the decision of the general meeting of owners provides for another way of sending this message in writing). This method is most effective, especially in houses with a large number of apartments;

2) hand over to each owner of the premises against signature;

3) place it in the premises of this house, determined by the decision of the general meeting of owners and accessible to all owners of the premises.

At the same time, we send decision forms on the issues put to vote to the owners of the premises.

Voting on issues on the agenda of the general meeting of owners of premises, held in the form of absentee voting, is carried out only through written decisions of the owners on issues put to vote (Part 5 of Article 48 of the Housing Code of the Russian Federation).

The owner’s decision on issues put to vote must indicate:

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

3) decisions on each issue on the agenda, expressed in terms of “for”, “against” or “abstained” (Part 3 of Article 48 of the Housing Code of the Russian Federation).

It is advisable to simultaneously once again send the owners an information letter explaining the agenda.

Step 7. Acceptance of decisions by premises owners

Decisions are made before the date at the place or address specified in the notice of the general meeting.

Those who took part in the general meeting, held 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 (Part 2 of Article 47 of the Housing Code of the Russian Federation).

Step 8Registration of the results of absentee voting of owners

The Counting Commission processes the received ballots and, after the specified period, calculates the voting results.

ABOUT 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 (Part 3 of Article 45 of the Housing Code of the Russian Federation).

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 of common ownership of common property in a given building (Part 6 of Article 48 of the Housing Code of the Russian Federation).

When voting is carried out through written decisions of the owners on issues put to vote, votes are counted on issues for which only one of the owners voting is left. possible options voting. These decisions drawn up in violation of this requirement are declared invalid, and votes on the issues contained in them are not counted. If the owner’s decision on issues put to a vote contains several issues put to a vote, failure to comply with this requirement in relation to one or more issues does not entail the recognition of the said decision as invalid as a whole (Part 6 of Article 48 of the Housing Code of the Russian Federation ).

The final decision of the general meeting of owners is formalized in the form protocol with all voting ballots attached to it.

Step 9 Notice of the results of the general meeting in the form of absentee voting

The decisions made by the general meeting, as well as the voting results, are brought to the attention of the owners of the premises by the owner, on whose initiative such a meeting was convened, by posting an appropriate notice about this in the premises of the given house, determined by the decision of the general meeting and accessible to all owners of the premises. This must be done no later than ten days from the date of adoption of these decisions (Part 3 of Article 46 of the LC).

Step 10 Document storage

Minutes of general meetings of owners of premises in an apartment building and decisions of such owners on issues put to vote are stored in the place or address determined by the decision of this meeting (Clause 4 of Article 46 of the Housing Code of the Russian Federation).

Decisions of the general meeting of owners.

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

1) making decisions on the reconstruction of an apartment building (including its expansion or superstructure), construction of outbuildings and other buildings, structures, structures, major repairs of common property in an apartment building, on the use of the capital repair fund;

1.1) making decisions on the choice of the method of forming the capital repair fund, the amount of the contribution for capital repairs in terms of its excess over the established minimum amount of the contribution for capital repairs, the minimum amount of the capital repair fund in terms of its excess over the established minimum size of the capital repair fund (in if the law of a constituent entity of the Russian Federation establishes a minimum size of the capital repair fund), choosing a person authorized to open a special account and carry out transactions with funds located in the special account;

2) 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;

3.2) making decisions on the use of the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting;

4) choosing a method of managing an apartment building;

4.1) making decisions on current repairs of common property in an apartment building;

5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building. (Article 44 of the Housing Code of the Russian Federation).

Full text of Art. 44 Housing Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice on Article 44 of the RF Housing Code.

1. The general meeting of owners of premises in an apartment building is the management body of the apartment building. The general meeting of owners of premises in an apartment building is held for the purpose of managing the apartment building by discussing agenda items and making decisions on issues put to vote. (Part as amended, entered into force on June 30, 2015 Federal law dated June 29, 2015 N 176-FZ.

2. The competence of the general meeting of owners of premises in an apartment building includes:
1) making decisions on the reconstruction of an apartment building (including its expansion or superstructure), construction of outbuildings and other buildings, structures, structures, major repairs of common property in an apartment building, on the use of the capital repair fund;
1.1) making decisions on the choice of the method of forming the capital repair fund, the amount of the contribution for capital repairs in terms of its excess over the established minimum amount of the contribution for capital repairs, the minimum amount of the capital repair fund in terms of its excess over the established minimum size of the capital repair fund (in in the event that the law of a constituent entity of the Russian Federation establishes a minimum size of the capital repair fund), the selection of a person authorized to open a special account and carry out transactions with funds located in the special account, a Russian credit organization in which a special account should be opened, a Russian credit organization , in which a special account must be opened; (The clause was additionally included on December 26, 2012 by Federal Law of December 25, 2012 N 271-FZ; as amended by Federal Law of June 29, 2015 N 176 -FZ.

1.2) making decisions on the receipt by a homeowners’ association or a housing construction cooperative, a housing cooperative or another specialized consumer cooperative, a management organization and, in the direct management of an apartment building, by the owners of premises in this building by a person authorized by a decision of the general meeting of such owners, a loan or a loan for capital repair of common property in an apartment building, on determining the essential terms of a credit agreement or loan agreement, on the receipt by these persons of a guarantee, surety for this loan or loan and on the conditions for obtaining the specified guarantee, surety, as well as on repayment at the expense of the capital repair fund of the loan or loan , used to pay for the costs of major repairs of common property in an apartment building, and for the payment of interest for the use of this credit or loan, payment from the capital repair fund for the costs of obtaining the specified guarantees and sureties;
2) 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;
3) 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;
3.1) 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 (including agreements for the installation and operation of advertising structures) on the terms determined by the decision of the general meeting;
3.2) making decisions on the use of the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting; (The clause was additionally included on July 22, 2014 by Federal Law of July 21, 2014 N 263-FZ)
3.3) making decisions on identifying persons who, on behalf of the owners of premises in an apartment building, are authorized to use the system or other information systems when holding a general meeting of owners of premises in an apartment building in the form of absentee voting (hereinafter referred to as the administrator of the general meeting); (The clause is additionally included with July 22, 2014 Federal Law of July 21, 2014 N 263-FZ)
3.4) making a decision on the procedure for the administrator of the general meeting to receive messages about holding general meetings of owners of premises in an apartment building, decisions of owners of premises in an apartment building on issues put to vote, as well as the duration of voting on issues on the agenda of the general meeting of owners of premises in an apartment building in the form of absentee voting using the system; (The clause was additionally included on July 22, 2014 by Federal Law of July 21, 2014 N 263-FZ)
3.5) making a decision on the procedure for financing expenses associated with convening and organizing a general meeting by the management organization, the board of a homeowners’ association, housing or housing construction cooperative, or other specialized consumer cooperative in accordance with Part 6 of Article 45 of this Code; (The clause is additionally included from June 30, 2015 by Federal Law of June 29, 2015 N 176-FZ)
4) choosing a method of managing an apartment building;
4.1) making decisions on current repairs of common property in an apartment building;
4.2) making a decision to grant the council of an apartment building the authority to make decisions on the current repair of common property in an apartment building; (The clause was additionally included from June 30, 2015 by Federal Law of June 29, 2015 N 176-FZ)
4.3) making a decision to vest the chairman of the council of an apartment building with the authority to make decisions on issues not specified in Part 5 of Article 161.1 of this Code, with the exception of the powers falling within the competence of the general meeting of owners of premises in an apartment building; (The clause was additionally included from June 30, 2015 Federal Law of June 29, 2015 N 176-FZ)
5) other issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.

Commentary on Article 44

1. The rules established in Art. Art. 44 - 48 of the Code are fundamentally new; they were absent from the LC 1983 and the Fundamentals. At the same time, these articles devoted to the management body of an apartment building are included in Chapter 6 of Section 2 “Ownership and other proprietary rights to residential premises,” which does not seem entirely logical. The corresponding provisions, from our point of view, should have been established in Section 8 of the Code “Management of Apartment Buildings”.

Part 1 of Art. 44 of the Code introduced the concept of “management body of an apartment building”. The general meeting of owners of apartment building premises is recognized as such a body. This provision is formulated in a mandatory norm and does not provide for exceptions. In other words, the specified governing body must operate in all apartment buildings, the premises of which are in state, municipal, or private ownership.

2. A list of issues falling within the competence of the general meeting has been established (Part 2 of Article 44 of the Code). This list is not exhaustive, since the meeting has the right to decide other issues specified in other articles of the Code. Let us draw your attention to the fact that the literal interpretation of the norm established in paragraph 5 of Part 2 of Art. 44, allows us to assert that the general meeting of premises owners is deprived of the right to consider issues that are not directly within its competence by the Code.

For other questions other than those specified in Part 2 of Art. 44, referred by the Code to the competence of the general meeting of owners of premises in an apartment building, include, in particular:
determining the timing and procedure for holding the annual general meeting, as well as the procedure for notifying decisions taken by it (Part 1, Article 45);
determining the procedure for documenting decisions of the general meeting (Part 1, Article 46);
determination of a specific premises in an apartment building in which messages about decisions made by the general meeting and the results of voting on relevant issues are posted (Part 3 of Article 46);
determination of the place or address for storing minutes of general meetings (part 4 of article 46).

It is easy to see that these issues are mainly of a technical, procedural nature and essentially do not add anything to the competence of the general meeting, directly provided for in paragraphs 1 - 4 of Part 2 of Art. 44 of the Code.

Taking this into account, this legal construction does not look entirely convincing. For example, it is quite obvious that in the case of direct management of an apartment building by the owners of the premises in such a building (see Article 164 of the Code), the general meeting of these owners in practice will need to resolve many other issues in addition to those directly assigned to its competence by the Code, in particular, issues similar topics, which are decided by individual and collegial executive bodies legal entities. Therefore, from our point of view, the wording of the provisions of clause 5, part 2, art. 44 of the Code requires clarification by introducing appropriate changes to it.

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